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Home My WebLink AboutL 12481 P 97i) · ?/-/-// .~ONSU~ YOUR ~WYF. R a~Fo~ slo~6 ~ I~.~lls I~ SHO~ ~ us~ ~Y ~'~S o~.~ INDENTURE, ~de the~, Two ~ouund Six B~TWEEN ~ IX)RIS S. Gl LBERT, residing at 191 Crest Drive, Tarrytown, New York 1059 I, as surviving tenant by the entirety of Frank C. Gilbert, Jr., deceased on May I I, 2001; pany of thc first pan, and FRANK C. GILBERT, residing at 5 Aspca Court, Ossining, New York 10562, and CHARLES S. GILBERT, res/ding at 191 Crest Drive, Tarrytown, New York 10591. as Trustee ofthe Gilbert Promises Trust; parly of the second part,....., ,,,.~,,:.~.;.'.. ~: .. WITNESSETH,~at.th~ party of the'first'pan, m consnderallon o£ten dollars ~ oth.er~..v~_lualile. ~.c~_ iderat~on pand by the party of the scco. pd pnn. does he,by_ rcm~se, re ease and qmtclnun unto th~ .l~.rty,o£.th~ second,pan, the he~rs or successors and .a.~slgas of the party of the second part Forever, ALL that tract or parcel ofland situate, lying and being at Bayview, in the Town of Southold, County of Suffolk and State of New York, bounck'd nnd describi'd ns rollows: BEGINNING at a point marked by an iron pipe .set on the northerly line cfa 50 foot private road known as "North Parish Drive", 1122.0 fl'ct easterly along said line from a point on that course ofthe easterly line North Road m Bayview, which runs Noah 14 degrees 25 minutes 20 seconds West, which point is 372.21 feet from the southerly end of said course; from said point of beginning running in a westerly direction along the northerly linc of said private road. North 75 degrees 54 minutes 50 seconds West a distance of 100.0 feet m a point marked by an iron pipe; RUNNING THENCE in a northerly direction on a line at fight angles to said northerly line ct'said private mad, North 14 delpt~.'s 05 minutes ] 0 seconds East a distance of 240 feet, more or less, to ordinary highwatcr mark of Pcconic Bay; RUNNING TIIENCE in an easlerly direction along the ordinary highwater mark of Peconic Bay a distance ot' 100 feet, or more, to a point which is North 14 degrees 05 minutes 10 seconds East fi'om the point or place of beginning; RUNNING THENCE South 14 degrees 05 minutes 10 seconds West a distance or 235 feet, more or less, to thc point or place ct' BEGINNING. SUIMECT TO THE LI I,'E ESTATE OF THE GRANTOR, DORIS S. GILBERT. TOGETIIER with the right to the use cfa right ofway (in common with others) over said 50 loot private road known as "North Parish Drive" from the southeasterly comer fo the promises extending westerly 1122.0 ' feet to Noah Bayvicw Road. TOGETHER with the right to the use cfa right of way {.in common with others) over a 50 toot private toad known as "Dayton Road" extending southerly from the southerly line ol'"North Parish Drive" about 423 ti:et to North Ba~iew Road. RESERVING, however, to the party of'the first part, her I.e~al .r. oprL-sentatives and assigns, the right to dedicate said rights of way over North Parish Drive and Da)toff Road to the'Town of Southold as public highways, and the parties ct* the second part by the ac~tance of this deed do hereby consent to such dedication and do hereby release the said Town of Southold liom any liability for damages occasioned by reason of said dedication .and acceptance ct' said rights ol'way as public highways. RESERVING, h~w~ver, to tl~e ~ of the first pan, her legal representatives and assigns, all rights to installation, maintenance, repair and replacoment ofpubl!c utility lines, pipes, wires end conduits, along the surface, above the surface and bidow the'surface of the hsghways adjoining said premises, and the right and privilege to enter upon the premises herein described and lay, construct, erect and maintain therein or thereon sewer pipes, water or gas mains, telephone or electric light poles, wires or conduits, with all ordinary appurtenences and fittings; provided, howevcr, that sewer pipes mains, poles or conduits shall be laid, constructed'or erected only within five (5) f~."t of the right of way or roadway line of said premises. SUIMECT to the covenants and restrictions hereinafter set forth, (SEE SCHEDULE "A" HERETO ANNEXED). TOGETHER with all the right, title and interest, if any. of the party ct'the first part in and m any strcc~ and roads abutting the above described premises to the center lines thereof: TOGETHER with the appurtenances and all the estate and fights of the party ol'the first pan in and to said p~misas; TO HAVE AND TO I-IOLD the p~e.,ises herein granted unto the party of the second pan, the heirs or successors and assigns ct'the patty of the second part forever. AN D the party, of the firsl part. in compliance with Section l 3 of thc [.ten Law, ¢ovenanls that the party of the first part will receive the consideration rot this conveynnce and will hold the rig, bt to receive such consideration as a trust fund to be applied first t'or the puq~ose ct'paying the cost of the irapmvement and will apply the ~ame first to the payment of the cost ct'the improve, eat betore using any pan of the total ct'the same For any other purpose. The word "party" shall be construed .',q if it ~ parues whenever the sense of th~s ra~lenture so reqmre~. IN WITH ESS WB EREOF, the party ct'the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: WITNESS '~~ FRANK ~. GII.B~RT · - Fem ll I& The premises above described shall be subject to the following covenants and restrictions: I. That only one singlc family dwelling house, ~r privatc residential purposes, one beat-hous~ one bath- house, and a private garage, for family use, shall be built on said premises. No trailers, tents or camping shall be permitted and no occupancy of any such dwclling house shall be p;~miRed until the outside and mol'shall be fully and completely finished and paimcd. 2. That no building, structure or structures on, above or below the surface, other than public utility pipes or lines, shall be erected, constructed or maintained with 35 feet of any lane, highway or road. That no building shall be constructed with twenty, five fcct of the top of the slope of the beach hank except that one bust-house and one hath-house may he constructed on the beach or slope of hank, neither of which shall exceed twelve (12) fl.,et in height above mcan high water. 3. That no building, structure or structures on, above or below the surface, other than public utility pipes or lines, shall be erected, constructed or maintained within ten (10) feet of sideline boundaries. 4. That no building, structure or structures shall be erected, constructed or maintained at a height in excess oftwo stories. Buildings shall be erected on closed foundations of poured concrete or concrete blocks, and no buildings on posts shall be permitted. 5. That no dwelling house, exclusive ofgnmge, shall be erected on said premises which shall contain leas than 1,000 square feet on the ground floor, exclusive of porehes and gnrngns. All plans and specifications shall be subject to the approval of thc party of the first pa~, in writing, but such approval shall not be unreasonnbly withheld. 6. No nuisances and noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premise, nor shall any accumulation of rubbish, gad.age, junk or materials of any kind he permitted to rethain on said premises. No advertising signs, billboards or other sign devices shall be pa,mitred on said premises, excepting a "FOR SALE" or "FOR RENT" sign of reasonable dimensions. Owners shall cut thc grass and keep thc appearance of the premises in accordance with the standard of the community. No hedge or fence shall be allowed to be constructed over five (5) feet in height. 7. No Ibwl. poultry, animals or livestock shall be kept on prtnnises, except for domestic household pets. 8. 'l'here shall bc no outside toiicts or outhouses erected upon said premises. An adequate septic tank or cesspool shall be erected and maintained to take care of the sewage disposal. 9. Said premises shall be subject to eiectric, eiec~c light, gas and telephone casements on the surface or below the surface and above the surface of the roadway or lane adjacent to said premises. 10. No sand, earth or sod shall be removed from thc premises, or excavation be allowed to remain opon thereon, except as may he neccsaary al such times as building or landscaping operations are in progress. I I. Tbe said covenants and restrictions arc hereby declared to he covenants and restrictions attached to and running with the land. That such covenants and restrictions are to run for a period often (10) years and shall terminate on Nov. I, 1968. The seller agrees to place thc same restrictions on other premises owned by him north of North Parish Drive for a distance of 300 feet west of the premises above dcseribed and 200 feet east ofthe premises above deacribed. The seller reserves all restriction rights as to other property owned by him both south of Noah Parish Drive and eisewhcre. STATE OF NEW YORK ) F~..~~ :ss. COUNTY 0 On the _L.~ day o£_~~__~ in the year 2006, before me, the undersigned, personally appea~l CI'IARI.E$ S., GILBERT personalty known to me or proved to me on the basis o fsetisi:actory cvidcnc~ to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and thai by his signatur~ on the instrument, the individual, or the person upon behalf of which the individual acted, executed the inslrumcnt. TO BE USED ONLY WIIEN TIlE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE Sta~ of N~v Yo~, Cogmy ot.~L.~:~l~..~ ss: , before me, thc undee~gned, pLqj~onally appean.'d DORIS S. GILBERT pe~onally known W me or pmw,'d to me on the basis of satbi~,.'to~y evidence to be the individual whose name is subscribed to thc within in~'ument nnd acknowledged IO me that she ex~utcd the same iff her eapne[ly, end that by hot signature on the in~mment, the individual, ot the per~on upon behalf of which the individual actc~etu~l the in.W~ment. Slate ot'New Yodt, County of bet'ore me, the undeniS~Ted, pe(~c, nally appe:m.,d ~ RANK C. OIl,BERT per.~oenlly known ~ me or pmvcd to me on the basi~ ot. satisthetoty evidence to be the individual whose enrac i.~ subs~bed to the whhin instrument end acknowledged Io me that be ~ccuted the same in his eopaci .ty, and that by his s'~nature on thc inslrument, the individual, or the pe~n upon behelfofwhieh the individual ~si~entore su~olru.'e or i~'-ual ~akin& ncknowled~zne~t 'IQ BF. IU~ED ONLY WHEN TIlE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK .qTATE Slate (or District of Columbia, Territory. or Foreign Count~/) of On thc duv of in the ~.-ar 2006, before me, the undersigned, personally appeared per~onelly known to me or.,cd'to me on thc basis ofentisfactory evidence to be the individual(s) whose namc~s) is fare) subscribed to the within in~rument and aeknowled~.'d m me that be/she/thcT executed the nme in his/berAheir cnpacit~ies), ned that by his/her/their signntore(s) on the instmrm.'nt, thc individual(s), et the p~-r~on upon hehalf of which the individual(s) acted, c'za.'cuted the instrument, end that such individual made such apl~.'ameec before the undersigned in the Jn (inse~ the City or other polit k-al subdivision) (and imat the State or CountO, or ~ pla:e Lr~ ncknowledgmem was taken) (sisnnture and off]cc of individual adding nelmewiedsment) QUITCLAIM DEED Title No. DORIS S. GILBERT TO FRANK C. GILBERT and CHARLES S. Gl i. BERT, as Trustees SECTION ' LOT COUNTY Suffolk STREET ADDRESS /0/0 Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: ~ ey CONNORS AND SULLIVAN, P.C. 7620 Third Avenue ~lll~oll~e~lth Brooldy~, New York 11209 ~ ^cee,u~ra cae,.w Tel: (718)238-6500 Deed / Moflgnge Instrument Deed I Mo~E,a~ Tax Slamp Recordintt / Filin~ S~ ~li~ ]. ~ T~ TP-5~ .... 2. A~ki~al T~ Nm~ion ~-52 I 7 (~.) Sub Total ~J~il. ~-~217 (Stole) 0t S~./A~. ~P.T.S.~ . ~. MTG. TAX Co~. o[ ~. ~1 Town . ~1 C~nly.. Held ~or Ap~ment ~ A ~vi~ ~sfur T~ ~ ~ifi~ Copy ~i~ T~ ~e ~ ~ve~ by th~ m~e is or ~' ~Y will be improved by a one or two Family ~h~ ~ T~I ~lling only. .... Y~ or NO G~ND TOTAl. IfNO, ~ ~rinte t~ close ~ o~is in~. ~1 ~ T~ ~ ~ V~fi~im ' P~se~ation Fund Disc ~i~ BI~ =. ~ Considg~tion Amount S 060~1 ~ooo o~oo o~oo oz~ooo . '~ CPF T~ Due S ~ ~ ~ Im~v~ / Initi~ Land TD A~EY8 AT ~ 7~ ~IRD AVEgUE BR00~Yg, ~ Y0~ 11~g Title { 'Information Co. Name Title ~ Su olk Endorsement ~s ~e ~of~ made by: (~ ~ ~ ~~ ) ~~nis~ ~s s. o~a~ S~~,~yo~ ~ ~ES S. GZLBERT, 88 ~cusree8 or~o~~ SUFFOLK COUHTY CLERK RECORDS OFFTCE RECORDTI~ PAGE Type of Znmtnnnonb; DBEDS/DDD l~-~her of Pages; 5 Receipt L~,--her ; 06-0115558 TRANSFER TAX NUMBER: 06-14807 1000 Deed Recordedt At: LIBER= PAGE: Section~ Block~ 071.00 01.00 · X~3~h~.~ANDCII~RGED~ FOLLOWS $o.oo Received the Foll~ Fees FOE ~ove Znstz~ment Page/Filing $15.00 NO Handl Sng COE $5.00 NO NYS HRC~G EA-CTY $5.00 HO EA- STATE TP-584 $5.00 NO Cert. Cop~es RPT $30.00 HO SCTH Trans£or tax $0.00 NO Cogsa. Pres Fees Pa~d TRANSFBR TAX NUMBER: 06-14807 THTS PAGE Z8 A PART OF THE I~STRUMENT THIS IB NOT A BTLL Judith A. P&scele Count~ Clerk0 Suffolk County 11/3o/2oo6 03~58;54 PM D00012481 097 Lot ~ 011.000 $5.00 HO S15.00 NO $165.00 NO $0.00 NO $0.00 NO $0.00 NO $245.00 PLEASE TYPE OR PRESS FIRMI.Y WHEN WRITING ON FORM INSTRUCTIONS: http:/I www.orps.s~ote, ny. us or PHONE (518) 473-7222 191,,Crest Drive 4. In(Mate tho .omb~ d AmMMmmm ¢ILBERT GILBERT I DORIS S. I Tarrytotm I ~ [ 10591 , /I .o, ~- ~ I-I ... 0,.~ ~j~:~.~.~: '~-:. ~ DORIS S. I SALE INFORMATION g' /g' o~ ..... ~,O,OI 13. Ful 8MO Jh~O I , ; ; (Full ~ ~.'-- b the ImM amount Mid b b~ ~Mrty Indud~g pemonM ~. I Th b pivmim m~y be h the lmm M lm~, MhM pmpeny M Gc~, M th~ mMJmpdofl M j mMtg~orMhMd~gmior~) PIMMWmfhe(leMa~vAml~du#armmounL ASSE$~flENT INFORMATION · D~ ~hould retire "the I~to~ Fired A~e~m~m Roll Ind Tax Bill ! ! BUYER 5 I ~pen Court .mm, ldUimm .tmr ~ ~ ~ Ossintn8 I NY I 10562 B~ A~ CONHOll. SAND SULLIVAN, P.C. CONNORS I JSICHAEL N. 7/8 238-6500 I NEW YORK STATE COPY