HomeMy WebLinkAboutL 11774 P 57 Bargain and sale deed with covenants against Grantor's Acts
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS
V,_Alr'�':C� ONLYDISTRICT SECTION BLOCK OT
� [a M
1V ir_'l 17 , 91 , �0
j ' n THIS INDENTURE,made/thee 3`0th day of April, nineteen hundred and ninety-six
L %4 BETWEEN THORNTON E. SMITH,residing at 44 Brookside Drive, Plandome,New York
P t�57 11030
party of the first part, and JOSEPH T. MACARI, residing at 95-40 Roosevelt Avenue, Jackson
Heights,New York 11372
parry of the second part,
WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other
valuable consideration paid by the party of the second part, does hereby grant and release unto
the party of the second part, the heirs or soccessors and assigns of the party of the second part
forever, two parcels of land and an easement as described below,
PARCEL ONE
All that certain plot,piece, or parcel of land with the buildings and improvements thereon
erected, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of
Suffolk and State of New York, known and designated as Lot 1 of Section 1 as shown on a
certain map entitled "Map of Thornton Smith, Section V and filed in the Office of the Suffolk
County Clerk on April 24, 1996 as map number 9836, said lot being more particularly bounded
and described as follows:
Beginning at a point on the easterly side of Bergen Avenue, said point being situate North
32 deg. 34 min. 43 sec. West a distance of 267.89 feet as measured along the easterly side of
Bergen Avenue from the intersection of the easterly side of Bergen Avenue and the Northerly
side of Sound Avenue;
/000 Running thence North 32 deg. 34 min. 43 sec. West along the easterly side of Bergen
-S , Avenue a distance of 720.07 feet to land now or formerly Harry Checkla and Don Schulman;
/a/-00
Ji Running thence North 61 deg. 11 min. 17 sec. East along land now or formerly Harry
0/p Checkla and Don Schulman a distance of 668.61 feet to land now or formerly Minas Mihaltses
and Vassilik Mihaltses;
L
00/•00/ Running thence North 64 deg. 04 min. 27 sec. East along land now or formerly Minas
Mihaltses and Vassilik Mihaltses a distance of 824.90 feet to land now or formerly Catherine
Simicich;
,klx
EWM
RECORDED MAY 14 1996 WI
Running thence along land now or formerly Catherine Simicich the following two (2)
courses and distances:
1. South 32 deg. 11 min. 03 sec. East 201.48 feet,
2. North 56 deg. 08 min. 37 sec. East 366.94 feet to a point;
Running thence South 33 deg. 51 min. 23 sec. East through land now or formerly
Thornton Smith a distance of 648.73 feet to the northerly side of a proposed Right of way;
Running thence along the northerly side of said proposed Right of Way and still through
land now or formerly Thornton Smith the following eight(8) courses and distances:
1. in a Southwesterly direction along the arc of a curve to the right having a radius of
685.00 feet a distance of 236.06 feet,
2.!5tA83 deg. 08 min. 22 sec. West 50.00 feet,
3. in a Southwesterly direction along the arc of a curve to the left having a radius of
735.00 feet a distance of 336.63 feet,
4. South 56 deg. 53 min. 53 sec. West 50.00 feet,
5. in a Southwesterly direction along the arc of a curve to the right having a radius of
685.00 feet a distance of 243.99 feet,
6. South 77 deg. 18 min. 24 sec. West 50.00 feet,
7. in a Southwesterly direction along the are of a curve to the left having a radius of
760.00 feet a distance of 263.77 feet,
8. South 57 deg. 25 min. 17 sec. West 675.00 feet to the easterly side of Bergen
Avenue and the point or place of BEGINNING.
CONTAINING an area of 28.8633 Acres.
PARCEL TWO
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County
of Suffolk and State of New York known and designated as Lot 2 of Section 1 as shown on a
certain map entitled "Map of Thornton Smith, Section 1" and filed in the Office of the Suffolk
County Clerk on April 24, 1996 as map number 9836, said lot being more particularly bounded
and described as follows:
Beginning at a point on the easterly side of Bergen Avenue, said point being situate North
32 deg. 34 min. 43 see. West a distance of 177.89 feet as measured along the easterly side of
Bergen Avenue from the intersection of the easterly side of Bergen Avenue and the northerly
side of Sound Avenue;
Running thence North 32 deg. 34 min. 43 sec. West along the easterly side of Bergen
Avenue a distance of 40.00 feet to the southerly side of a proposed Right of way;
�tl
EIAWI)
1\T.
ti
k:
t MAY 14 1996 q �OF$U
RECORDED
Running thence along the southerly side of a proposed Right of Way and through land
now or formerly Thornton Smith the following four(4) courses and distances:
1. North 57 deg. 25 min. 17 sec. East 675.00 feet,
2. in a Northeasterly direction along the arc of a curve to the right having a radius of
710.00 feet a distance if 246.41 feet,
3. North 77 deg. 18 min, 24 sec. East 50.00 feet,
4. in a Northeasterly direction along the arc of a curve to the left having a radius of
735.00 feet a distance of 164.19 feet to a point;
Running thence still through land now or formerly Thornton Smith the following two (2)
course and distances:
1. South 15 deg. 24 min. 03 sec. East 520.17 feet,
2. South 74 deg. 35 min. 57 sec. West 160.89 feet to land now or formerly Thomas
Zaweski and Christine Zaweski;
Running thence along land now or formerly Thomas Zaweski and Christine Zaweski the
following two (2) courses and distances:
1. North 15 deg. 24 min. 03 sec. West 87.57 feet,
2. South 80 deg. 00 min. 35 sec. West 220.16 feet to land now or formerly Suffolk
.County Industrial Development Agency;
Running thence along land now or formerly Suffolk County Industrial Development
Agency the following two (2)courses and distances:
1. North 31 deg. 29 min. 01 sec. West 338.83 feet,
2. South 57 deg. 25 min. 17 sec. West 644. 58 feet to the easterly side of Bergen
Avenue and the point or place of BEGINNING.
Containing an area of 5.0295 Acres.
EASEMENT
TOGETHER with an easement across a certain Right of Way shown on the map entitled
"Map of Thornton Smith, Section 1" and filed in the Office of the Suffolk County Clerk on April
24, 1996 as map number 9836 which easement shall be solely for the passage of pedestrian and
vehicular traffic between the aforedescribed parcels one and two and an easement below the
surface of said Right of Way and below the bed of any road constructed thereon said sub-surface
easement shall be solely for irrigation and electric conduits said easement being more
particularly bounded and described as follows:
RECORDED MAY 14 1996 �E OF 3FF0�51.
BEGINNING at a point on the northerly line of Lot 2, Map of "Thornton Smith, Section
1", said point being situate the following two (2) courses and distances from the intersection of
the easterly side of Bergen Avenue and northerly side of Sound Avenue:
1. North 32 deg. 34 min. 43 sec. West 217.89 feet along the easterly side of Bergen
Avenue to a point,
2. North 57 deg. 25 min. 17 sec. East 505.00 feet along the northerly line of Lot 2, Map
of "Thornton Smith, Section 1";
RUNNING thence from said point of beginning, northerly and at right angles to the
proceeding bearing and through land now or formerly Thornton Smith a distance of 50.00 feet to
the southerly line of Lot 1, Map of"Thornton Smith, Section 1";
RUNNING thence North 57 deg. 25 min. 17 sec. East 16.00 feet along the southerly line
of Lot 1, Map of"Thornton Smith, Section V to a point;
RUNNING thence southerly and at right angels to the proceeding bearing and through
land now or formerly Thornton Smith a distance of 50.00 feet to the northerly line of Lot 2, Map
of"Thornton Smith, Section 1";
RUNNING thence South 57 deg. 25 min. 17 sec. East 16.00 feet along the northerly
line of Lot 2, Map of"Thornton Smith, Section I" to the point or place of BEGINNING.
BEING AND INTENDED to be part of the same premises described in a deed from Leo
W. Sledzieski and Mary Sledzieski,his wife, dated 12/28/66 recorded 1/4/67 in Liber 6094 page
518.
TOGETHER with all right,title and interest, if any, of the party of the first part in and to
any streets and roads abutting the above described premises to the center lines thereof except the
right, title and interest of the party of the first part in and to the Right of Way shown on the Map
of"Thornton Smith, Section 1"; TOGETHER with the appurtenances and all 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 party of the second part,the heirs or successors and assigns of the party
of the second part forever.
Subject to a Deed of Development Rights by the party of the first part to the Town of
Southold dated January 25, 1996 and subject to a Deed of Conservation Easement by the party of
the first part to the Peconic Land Trust, Incorporated dated January 26, 1996.
AND the parry of the first part covenants that the party of the first part has not done or suffered
anything whereby the said premises have been encumbered in any way whatever, except as
aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law covenants that the
party of the first part will receive the consideration for this conveyance and will hold the right to
receive such consideration as a trust fund to be applied first for the purpose of paying the cost of
the improvement and will apply the same first to the payment of the cost of the improvement
before using any part of the total of the same for any other purpose.
rte,<h\
RECORDED MAY 14 1996 aP W 6V