HomeMy WebLinkAboutL 12395 P 324I~ONSU LT ~I'~)UR LAWYER BEFORE $1ONIN6 i141 ~i~, TR U M ENY.11.118 INSTRUMENT ~HOULO BE USED ~ LAWYERE ONLY
THIS INDENTURE, made the .~) day of ~'~' , 2005
BETWEEN.
JOSEPH A. CORTESE, of 1805 Coda Belle Ddve, Las Vegas, NV 89134 and GII'DA JENSEN, of 112 Putnam
Park, Greenwich, CT 08830, as Trustees of a certain Qualified Personal Residence Trust, dated March 4,
1996 · . · · '
party of Ihe first part, and
ELYSE JAMES, of 18 Westcett Road, Riversk:le, CT 06878 and A. CHRISTEN;JENSEN
:129u' St .r~e~.~.O,,kl~l~o~na'Clty., O,K,73!42. ~', o, . . '.. :"... '..., '; Y~ ~',',-. .
party of the second part, '- '.~'~" '- '": ' '
WlTNE88ETH,. that the party of .the Q.mt. part, tn consideration of TEN ($10.00) DOLLARS AND OTHER
GOOD AND VALUABLE CONSIDERATION paid by the party of the second part, does hereby grant and
release unto the party of the second part, the helre or sucre end aseJgns of the party of the second part
forever,
ALL that certain p~oL piece or parcel of land, with the buildings and Improvements thereon erected, situate,
lying and being in the Town of Southok:l, County of Suffolk, New York, and more particularly described on
Schedules A and B attached hereto and made a pat hereof.
F'OGETHER with all right, title and interest, ii' any, of the party of the first part in and to any sheets and roads
abutting the above dsecdbed premises to the center lines thereof;, TOGETHER with the apaurteneoces and ali
the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the
premises herein granted unto the patty of the secodd part, the heirs or successom and assigns of the party of
the second part forever.
~N? the p~..rty of.the.first pa~ In ..c.omp. lla~..ce with Sec, lion 13 of the Liq0 l:lj~.q~.aTtts-tha~the party of the
rsz pan WtH race,ye me conslserauon TO~ this conveyance and will ho~ thel[!g..N,.4q-, j'e.c.(., dye.:euch:consideretlon
as a trust fund to be applied IIret for the puqx~se of paying the co~t of the Imp .r .o~..p,..m.e.,n.t.-.and will. apply the same
first to the payment of the cost of the Improvement before using any part of the'i,~l ~; ~.e. sem. e. for any other
purp°se' The w°rd 'party' shall be construed es if it reeed 'parties' Whenever ~e's~'on's'''e'of''th 'i's' nde~ture s°requims. ''.='" ,. :".
has duly executed this deed ;0~'"~;ar flretfiret part
A OENSEF~/l'rustee
Sfaltdard N.Y.B.T.U. Fomt 8001 · Bapgahl and ~ DqNlel, wltho4d COviAIiiI against GrafllO~ll ~. Uniform
Acknowledgment
_Schedul? A ~ -- ~ ~ ~
ALL that certain tract, p · p ~c~-~T land, lying, being and
situated at Paradise Point, in Bay View, near Southold, in the
Town of Southold, County of'Suffolk and State of New York, and
being more particularly bounded and described as follows=
BEGINNING at a monument on the southeasterly line of a 50
foot private road leading from Paradise Point Road, said point of
beginning about 1950 feet in a general northeasterly.direction
along said southeasterly line of said 50 foot privat~r~ad from
said Paradise Point Road, and said point of beginning being the
northerly corner-of land conveyed by the party of'the first part
to Fred Ri~e~; from said point of beginning running along said
southeasterly line of said 50 foot private road, 2 courses, as
follows=
(1)
North 52 degrees 52 minutes 0O seconds East, a distance of
4..42 feet to an iron pipe; thence
North 68 degrees 30 minutes O0 seconds East, a distance of
120.58 feet thence along land of the party of the first
part, South 47 degrees 51 minutes 00 seconds East, a
distance of 159 feet, more or less, to ordinary high water
mark of Peoonic Bay; thence southwesterly along said high
water mark, 125 feet, more or less, to said land of Rimmler;
thence along said land or Rimmler and passing through a
monument, North 44 degrees 26 minutes 40 seconds West, a
distance of 202 feet, more or less, to the point or place of
beginning.
TOGETHER with a right of way (in common with others) over
said 50 foot private road from the northerly 90rner of the
premises in a general southwesterly direction about 20?5 feet to
the northerly end of Paradise Point.
TOGETHER with a right of way (in common with others) in and
over all roads, as they may be constructed or are presently
constructed, inclu~'ing the right of way hereinbefore mentioned,
on the entire tract owned by the seller, a portion of which
comprises ~he premises hereinahove described, which tract is
known as Paradise Point in said Southold Reserving to the seller,
his successors and assigns, the right to change, alter, amend or
withdraw any road or rights of way either now laid out, including
the right of way hereinbefore mentioned, or to be laid out, as
long as normal ingress or egress is provided to and from the
afore-described premises to the Public Highway known ss Paradise
Point Road.
TOGETHER with all the right, title and interest of the
seller, if any, of, in and to Peconic Bay and the lands under the
waters thereof lying in front of and adjacent to the said
premises.
And the Purchasers, for themselves, their heirs and assigns,
do hereby covenant and agree with the Seller, his successors and
assigns that the said premises hereinabove described shall be
subject to the following covenants and restrictions:
COVENANTS AND RESTRICTIONS
1. Only one (1) single family dwelling house for private
residential purposes only, and a private garage for family use
shall be built on the above described premises. No trailers,
tents or camping shall be permitted.
2. No trade, craft, business, manufactory,.industry, commerce
or profession, including hotel, boarding and rooming houses,
shall be conducted upon the property hereby conveyed.
3. No fowl, poultry, animals or livestock, other than domestic
household pets, shall be kept on said premises.
4. No outside p~iviss, toilets or water closets shall be
erected, constructed, permitted or maintained upon said premises.
An adequate septic tank or cesspool approved by the Suffolk
County Health Department shall be constructed and maintained to
take care of the sewage disposal.
5. No structure or structures, including dwellings,
outbuildings and fences, shall be erected or constructed on any
part of the above described premises, unless the plans,
specifications and location thereof shall have first been
submitted to and approved by the party of the first part, his
successors and assigns, in writing, or, in the event of the
formation ~f an association of landholders on Paradise Point, it
shall then be first submitted and approved, in writing, by the
said association of lend holders.
6. 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 twenty (20)
feet from the Easterly or Westerly sides of said premise~.
7. No garage shall be so erected so that the entrance thereto
shall face the said right of way or private road.
8. No tree or trees, now in existence or which may hereafter
come into existence, naturally or artificially, may be cut down,
destroyed or removed from said premises without the written
consent or permission of the party of the first part, his
successors or assigns, or in the event of the formation of an
association of land owners on Paradise Point, without the written
consent or permission of said association of land owners.
9. Said premises are conveyed subject to any easements on,
above or below the surface of the said premises that have been
granted or may hereinafter be granted for the erection of poles
and necessary anchors thereto, lines, mains, or conduits for
public utility purposes, or that may hereafter be erected, or may
be necessary to be erected, for the proper maintenance of said
public utility poles, anchors, lines, mains, or conduits, said
easement being limited to and not exceeding 10 feet from the
easterly line of the 50 foot private road.
10. The party of the second part shall pay his proportionate
share for the maintenance of any private roads that now exist on
said tract known as Paradise Point, provided, however, that such
proportionate share shall not exceed s fair portion of the
maintenance in proportion to the road frontage abutting the
premises hereinabovs described.
11. The party of the first part rese~-ves the right to convey his
fee interest in end to all rights of way and private roads to an
association to be formed and organized in the future consisting
of the land owners on the entire Paradise Point ~ract, which
association shall be formed and organized when in the opinion of
the party of the first part, his successors and assigns, it is
deemed expedient and desirable. The party of the second part
agree for themselves, their heirs and assigns, that they will
join said association upon its formation and organization.
12. The party of the first part, for himself, his successors and
assigns, covenants and agrees that all of the foregoing covenants
and restrictions shall apply to other land of the party of the
first part lying between Little Peconic Bay and the right of way
hereinbefore described and running northeasterly ~rom the lands
of C. Dwight Baker, a distance of eight hundred elg6t~-three
(883) feet, more or less.
13. The party of the first part for himself, his successors and
assigns, covenants and agrees that no land shall be sold within
the area described in Paragraph numbered 12 next preceding
hereof, in lots less than one hundred (100) feet in width on
Peconic Bay, and one hundred (100) feet in width on the said
right of way, excepting the plot lying between the parcel
hereinbefore described and lands of said C. Dwight Baker, and
excepting one parcel at the northeasterly end of said area which
~ay be less than one hundred (100) feet in width.
14. Notwithstanding anything to the contrary hereinbefore stated
with reference to rights of way and the privilege of relocating
the same, no right of way shall be erected or exist running from
the right of way hereinbefore described as running with the land
hereby sold and Little Peconic Bay, in the area described in
Paragraph numbered 12.
15. The party of the first part, his successors and assigns may
release, amend, alter and annul the said covenants and
restrictions with the consent in writing of all the property
owners in the area described in Paragraph numbered
16. The said covenants and restrictions are hereby declared to
be covenants and restrictions attached to and running with the
land.
17. Excepting the premises in the area mentioned and described
in paragraph numbered 12, nothing herein contained shall be
construed, nor shall there be any obligation upon the party of
the first part, his successors, and assigns, to restrict in any
manner the remainder of the premises or any other pr~mises now or
hereafter owned by the said party of the first part, his
successors and assigns, on Paradise Point.
18. The property described herein ts shown on a Hap made by 9tto
W. Van Tuyl, entitled ')~ap of Property owned by P&r&4ise Point,
Incorporated,.situate at Bay View, Town of Soutbold, New York"
surveyed SeDte~J~er 15th. 194.7.. ....
ALL that certain plot, piece or pace1 of land, .with the
buildings end improvements thereon effected, situate, lying end
being et Paradise Point, in the Town of Southol~, County of Suffolk
and State of New Ycrk~ being more particularly bounded and
described es follows=
BEGINNING at a point on the southerly ~i~e of e 50 foot
private road known ss Robinson Road, et the northeasterly corner of
land of the'party of the second part;
Running thence &long said southerly line of said private road,
North 47 degrees 48 minutes East 25.0 feat~
thence along oth~ ~and of the party of t~e first part, South
47 degrees 51 minutes East 159 f~et, more or less, to ordinary high
water mark of Peconio Bey~
thence southwesterly along said high water mark, 25 feet, more
or less, to said lend of the party of the second part;
thence along said land, North 47 degrees 51 minutes West 159
feet, more or'less, to the point of ~EGINNIN~.
TOGETHER WITH the. right to use in common with others the
rights of way referred to in a deed from Nelson $. Robinson,
trustee, to the grantees herein, dated April 13, 1960 and r$corded
in land records in Liter 4804 Page 382.
TOGETHER WITH all the right, title and interest of the
Grantor, if ~ny, in end to Peoonlc Bey and the'lends un,er the
waters thereof lying in front of and adjacent to the said premises.
of
co to be th. individuals) who~ name(s) b
(eroTI
salJsiectory ~l~ to be the Individual(a) whose name{s) Is
Inslxum ~tll9
· ,,no
71L90,~'~'ILX '~ ,0XN.'" E,R.G~U~Sc0NMr~JORK-
NO. !F[SC ' ~'~F NF.W~'UK~
COTatAISSION E pIREI I~lt~Sa~;,,wH,;:N Tm; ACKNOW,EDO,.~?m' __o~_p_~; _~m~NI YORK 8TA,'T'
State (or District of Colombia., Territefy, or Foreign Cx)ontry) of NEV~I$$t0N El · ·
on the, day of. in the year 2005 I~erore me, the undendgned, perm)nally appearnd JOSEPH A. CORTESE
personagy known to me or proved to me on the heals of saUsf~ctory evi~ to be the, Ifldlvldual whose name le 'Aubeotbed h,, Ihs
within In.b'un'mnl and ackonwlm:10ed to me thaL he .,-__,~ the ~ame in hi. capeci~y and that by ldo eign4~um on Ihe ;,,=;,dment.
the individual, or the person upoo behalf of which the individual acted, exeGutod the In~t. and thai -urJ'f Indivkiual nmde
apeearanco before the undefsignm:l In the :
(insert th~ Cily or olher political sulxlivislon)
in
(mid Insert the Slate or C~ or other place the a(dm~ment was taken)'
(~10nawm and ofl'~,e of IndhA~dual taking ~lmo~rn~nt)
S~te (or Ob~ of ~l~b~, Te~W, ~ Fo~n ~nW) M ~NNECTIC~, ~un~ ~ F8lffmld ~.:
On ~e ~ ~y of in ~e ~ar 2~ ~f~ ~, ~ ~, ~ ap~ GIL~ JENSEN,
~ ~ ~ ~ or ~ved ~ ~ ~ ~ ~ of ~ ~ ~ ~e ~uM ~ n~ ~ ~d ~ ~e
~ i~t~N ~ ~ged W ~ ~at ~ e~ ~ ~ ~ ~ ~ e~ ~ by ~ a~m on ~ ~
I~ i~Md~, or ~e ~n ~ ~heg ~ ~ ~o I~d~l ~, e~ ~e ~ and ~et s~ ~d~l ~e s~
a~am~ ~m ~e ~n~ In ~e T~ of ~, ~un~ ~ F~ ~ S~ M ~t.
(mignat~e. end office of Individual waking admowiedgrnont)
BARGAIN AND SALE DEED
WITHOUT COVENAJdl' AG/UNST ORA,%q'O R'S A~
TIIIoNo. ~ ~:~o~ ~
JOSEPH A. CORTESE and GILDA JENSEN, Trustees
to
ELYSE JAMES and A. CHRISTEN JENSEN
O~tnl~utad by
New Tork Tllle Research Corp
w1 v.nylllle, com
RECORD AT~ IIEQU~II'DF
New YOd( Title Relelridl
SuII8 401
Hardsofl NY 10526
Tree m
SECTION BLOCK LOT 61...3-1.1
COUNTY OR TOWN SOUTHOLD
STREET ADDRESS 5000 Paradise Point Road
Recorded at Request of
New York Title Research Corp
RETURN BY MAIL TO:
John J. Ferguson, Esq.
Blealdey Platt & Sc, hmidt, LLP
iii6 Field Point Road
I Oreenwfch, CT 06630
Nhmbar of pages
s.,~,~ ~ "'
Cmifi~ah, Al
Ed~rdP.Ro~j~
L00O012.3~
324
~4=q?0~
4
Page / Filing F~
Hnndling
Tposg4
NotatJ~)n
EA-52 17, (County)
EA-52 ! 7 (Slate)
ILRT, S,A,
Con~. or Ed,'
Affidw,'it
C~,rtilied Copy
"Deed / ~ Tax 8tm~p. Recori:iing ! Filing Stgmps
1. Basic Tax
2. Additional Ta~ , ..
.... ,Sub Total
~ Sub To~l Spe~,/As~it. ' .' '
Or ''
·Duai To~'n..' · Dual County
Held fo~' Apportionment '
Tra~s f~- Tax
Mansion Tax
Reg. Copy The Mope. ny cove,~d by ~is mortg'ag, c is o
· ~ · will be i~rov~d by a one or two fami
Oth~ Sub Total . ., . ~. dv~llin~ only· '
· · ' //I ~ ' YaS." · 0~o__._
· GRAND TOTAl. //,~/ ~ If NO, lee appropfiitt tax clause on page
· · ' [' I T, fl~ Comp-ny Ipformation
8 ~. ·
' This Page fends pazt oflhe at.bed
Thelzea~i_~,~_ herein in situated in.
TO In ~he Township o~
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument~ DEEDH/DDD
Number of Pagesz 7
Receipt ~er ; 05-0068390
TRANSFER TAX NUMBER: 04-47078
Districtl
1000
Deed Amottnt=
Recorded~
LIBER;
PAGE;
Section; Block;
081.00 03.00
~ra~INED A.ND CHARGED A~ FOLLOWS
$o.oo
06/29/2005
04=23;26 PM
Received the Following Fees For Above Instrument
Page/Filing $21.00 NO Handling
CeE $5.00 NO NYB 8RCHG
EA-CTY $5.00 NO EA-$TATE
TP-584 $5.00 NO Csrt.Copies
RPT $30.00 NO 5~-~
Transfer tax $0.00 NO C~mn. Pres
Fees Paid
TRANSFER TAX NUMBER: 04-47078
THIS PAGE I8 A PART OF THE INSTRUMENT
THIS IS NOT A BILL
D00012395
324
Bdward P.Rmmaine
County Clerk0 Suffolk County
001.004
$5.00
$15.00
$75.00
$0.00
$0.00
$o.oo
$161.00
~-xempt
NO
NO
NO
NO
NO
NO
PROF~RTY INFORMATION
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: h~tp'.//www.orps.state, ny. us or PHONE (518) 473-7222
RP -5217
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Ch~ th~ boxl~ Mk~v ~ ~My N~y:
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NEW YORK STATE
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