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HomeMy WebLinkAboutL 11914 P 596 1'Y 1 l lure W2-9011 -4Tw•ml 4k 14eJ,r1,1,(w„un„M,wr Lnnrml Alar-IYOIr MIu,l w Cn,Wr.r rr Iury4 lMe,l !"I', /I CONLYLY YOYa{AWTls essOst fIONINS YNIf INIYSYYSNY•TNIS INerssMINT "ON Is ss INn BY uwrus ONLY V/► 7 THIS INDENTURE. made the 19th day of August ,nineteen hundred and ninety—eight BETWEEN EDWARD A. THORP, VIRGINIA THORP, k*pf and EDWARD A. THORP, an Custodian for Benj nein L. Thorp under the Uniform Gifts to Minors Act, both residing at 12 Norcross Street, Rockville Center. New York 11570 I I party of the first part,and DIANA FISCHER, residing at 204 Forest Street, Oceanside, New York 11572 DICT111CT SECTNN 8LL" LOT o Q/to I I F] party of the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars and other v Iuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingarrflax at East Marlon, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described on Schedule A annexed I hereto and made a part hereof. jBEING AND INTENDED TO BE the same premises as conveyed to the party of the first part by the following deeds: i 'i 1. By deed from Lois Johnson Thorp, surviving tenant by the entirety of Frank S. Thorp dated December 29, 1986 and recorded with the Suffolk County DIST. Clerk on January 20, 1987 in Liber 10224 at Page 350; 2. By deed from Lois Johnson Thorp, surviving tenant by the entirety of F031.00 Frank S. Thorp dated January 2, 1987 and recorded with the Suffolk County Clerk on January 20, 1987 in Liber 10224 at Page 352; 3. By deed from Aaron D. Thorp, Rebecca B. Thorp and Edward A. Thorp, as Custodian for both Aaron D. Thorp and Rebecca B. Thorp dated April 28, 1996 and recorded with the Suffolk County Clerk on September 5, 1996 in Liber 11790 at Page 951. BLACK The Party of the First Part, for himself, his heirs, successors and assigns, and for Frank S. Thorp, his heirs, successors and assigns, reserves a pedestrian right-of-way ter. (10) feet in width which right-of-way In located 07.00 I parallel to and along the westerly boundary of the premises running from - Due West North Lane to Marion Lake. LOT SEE RIDER ANNEXED HERETO AND MADE A PART HEREOF. 010.000 TOGh:THHR 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 tenter lines thereof TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and U 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. AND the party 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 consid- eration 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. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: (.�AArLRR.4DDZ�A. TH Rp� N �s Llistodian fand or Haq��tu7wf L. rp [rider the�tAu.fornt Gi to Minora Act V RG IA THO RIDER TO DEED BETWEEN EDWARD A. THORP AND VIRGINIA THORP, SELLERS AND DIANA FISCHER, PURCHASER The premises conveyed hereunder are subject to the following covenants and restrictions. 1. The premises shall be improved by a single family dwelling only and such other accessory structures as may be permitted by the municipal agencies having jurisdiction thereon. 2. The premises shall be used for private residential purposes only. 3. In order to preserve the rural and aesthetic character of the subject premises, as well as to preserve the value of the subject premises in general, and to harmonize the individual lot with the adjacent properties and the wetlands areas, as well as to preserve the investment of the Party of the First Part and his successors in interest, prior to the erection of any buildings and structures on the aforesaid property, the addition of any additional improvements, or the alteration thereof, the plans and specifications for said construction shall be submitted to and approved by the Party of the First Part, his designees, successors or assigns. Neither the cost nor square footage shall be arbitrarily controlling factors in the matter of approval but rather the aesthetic suitability of the plans and elevations to the individual site and the construction thereof, it being understood and agreed that no plans and specifications e.o conforming and meeting the aforesaid requirements shall be arbitrarily rejected. 4. Any building o: structure shall be completed within one year from the date of commencement of said construction. During the period of construction, the site will be kept clear of refuse, garbage and construction waste materials. 5. No signs of any nature, except a sign containing the personal name of the owner or occupant of the residence shall be placed upon the subject premises without the prior written approval of the Party of the First Part, his successors, heirs or assigns. 6. Any and all private driveways constructed or installed on the subject premises shall be covered by gravel, stone or asphalt. 7. No garbage, rubbish, leaves, papers or any other refuse shall be accumulated on the premises, except in enclosed receptacles. No burning of any kind shall be permitted on the premises. No garbage, rubbish, leaves, papers or any other refuse or the receptacles therefor shall be located in the front yard of the subject premises, except for the temporary location thereof to facilitate the pick-up of same. S. No use of the subject premises shall be made of any portion thereof which will injure the value of the subject premises, or constitute a nuisance. Without limiting the generality of what constitutes a nuisance, the following uses shall be considered a nuisance and are thereby prohibited: (i) undue noise or disturbance; (ii) parking of trailers, mobile homes and derelict cars on the subject premises; and (iii) temporary structures or buildings. 9. No accessory buildings or detached garages are permitted. Any garage constructed on the premises must be attached to the principal residence. 10. No construction or improvement shall cause a major change in the existing grades of the property in excess of five (5) feet, except as may be necessary to conform to Zoning Code of the Town of Southold, and all other rules and regulations of the Town of Southold, County of Suffolk, State of New York and any other municipal authority having Jurisdiction thereof. 11914PC596 FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9816553 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, Suffolk County, New York, said premises being bounded and described as follows: BEGINNING at a monument set on the northerly line of North Lane, 22.74 feet southerly from the southeasterly comer of Lot No. 188 as shown on "Map of Gardiners Bay Estates- Section 3", filed in Suffolk County Clerk's Office as Map No. 5083; RUNNING THENCE partly along North Lane and partly along said Lot 188, North 33 degrees I minute 20 seconds East, 190 feet, more or less, to the shoreline of Marion Lake; THENCE Easterly along said shoreline, 665 feet, more or less, to land now or formerly of Lange; THENCE along sail land the following 2 courses: 1. South 18 degrees 30 minutes 40 seconds West, 65 feet, more or less; 2. THENCE North 59 degrees 8 minutes 40 seconds West, 20.47 feet to the easterly end of the northerly line of North Lane; THENCE along said northerly line of North Lane the following three courses: 1. North 82 degrees 31 minutes 20 seconds West, 171.74 feet; 2. THENCE North 86 degrees 27 minutes 10 seconds West, 390.71 feet; 3. THENCE due West, 146.07 feet to the point or place of BEGINNING. TOGETHER with a right of way 30 feet in width over North Lane. The policy to be issued under this report will insure the title to such buildings and FOR improvements erected on the premises which by law constitute real property. CONVEYANCING ONLY TOGETHER with all the right,title and interest of the party of the first part. of,in and to the land lying in the street in front of and adjoining said premises. 04661 11914H596 I $ ' 98 SCP. Number of pages -A Eb A f0 to;35 TORRENS CFP 1 I998 wARp Serial# THNdSFER TAX S�fFOL K?CFUNT y I f SUFFOLK Ce tificaie# L COUNTY Prior Ctf.# 04661 Decd/Mortgage Instrument Decd/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES 7 Page/Filing Fee . Mortgage Amt. Handling _._ 1. Basic Tax _ TP-584 �. 2. Additional Tax Notation . Sub Total F.A-5217(Comnty) Sub Total _s ..1. SpieJAssil. 0 f.A-5217(State) Spec./Add. R.P.T.S.A. �5-tz7 QCyySU�y TOT.MTG.TAX Q `:� Dual Town Dual County Comm.of FJ. _ 5 . h a ,Y7�`�> Held for Apportionment Affidavit l�• { [ Transfer Tax L4 00 Certified Copy � Mansion Tax The property coveted by this mortgage is or Rcg.Copy will be improved by a one or two family Sub Total dwelling only. Other YES_or NO_ GRAND TOTAL . If NO.see appropriate tax clause on page# _of this instrument. V S v Real Property Tax Service Agency Verification 6 Title Company information = Dist. Section Block Lot S 03/.00 07 00 O-000 Company Name •I PyI )SA,9�1rn�53 Initialk� Title Number /// 8 FEE PAID BY: CC•'t^-, .GG)/Y:-��-� c��,CJc�i%� , �b Cash_Check V Charge_ `L•i �? 70 Payer same as R&R_ if(frdiffem y C1 NAME: CC-CC- ✓✓ L1• ��%3.S ADDRESS: RECORD&RETURN TO T .,•<, I✓._IZ r W f/9ol (ADDRESS) 9 Suffolk Count Recordin & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) • �'�` �S`- —, Fzjj, The premises herein is situated in SUFFOLK COUNTY.NEW YORK. TO / In the Township of In the VILLAGE �( / or HAMLET of C (J.ct st /�2Lcov. BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. rMOlaMlb