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HomeMy WebLinkAboutL 11653 P 92 NO consider tion Standard N.Y.B.T.U. Form 8005—I0M Executor's Deed—Individual or Corporation(single sheet) a CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT — THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY THIS INDENTURE,made the 2nd day of September nineteen hundred and ninety-th BETWEEN FRANK S . THORP , JR. , residing at 1 Oak Court, East Ma. New York 11939 rls-1,MCT 5 •CTION 0 zn Ila LOT 0 12 17 214 2W as executor of the last will and testamen Lois Johnson Thorp , lat East Marion, Suffolk County, New York decea party of the first part, and EDWARD A. THORP and VIRGINIA THORP , his wife, both residing at 1. Norcross Street, Rockville Center, New York 11570 DISTRICT 1000 party of the second part, SECTION WITNESSETH, that the party of the first part,by virtue of the power and authority given in and by said 031 .00 will and testament, and in consideration of BLOCK no (00/100) ---------------------- _doll: 015 . 00 ------------------------------paid by the party of the second part, does hereby grant L release unto the party of the second part, the heirs or successors and assigns of the party of the second p LOT forever, 004 .000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situ, lying and being in the DISTRICT See SCHEDULE "A" annexed hereto 1000 SECTION 037 .00 BLOCK 03 .00 LOT 013.000 This conveyance is made without consideration as a partial distri tion under the Last Will and Testament of Lois A. Thorp, a/k/a Lois Johnson Thorp TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets ar roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenance and also all the estate which the said decedent had at the time of decedent's death in said premises, and al: the estate therein, which the party of the first part has or has power to convey or dispose of,whether indivit ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unt the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND thepparty of the first part covenants that the party of the first part has not done or suffered anythin whereby thersaid premises have been incumbered in any way whatever, except as aforesaid. AND the piny of the first part, in compliance with Section 13 of the Lien Lav, covenants that the party c the first part will receive the consideration for this conveyance and will hold the right to receive such Con* eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will appl the same first to the payment of the cost of the improvement before using any part of the total of the same fc any other purpose. The word party' shall be construed as if it read "parties" whenever the sense of this indenture so require: IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year firs above written. IN PRESENCE OF: Frank S . Thorp, r•' Page 1­of 4 RECORDED NOV 23 1993 EMW P.RCOARJE QM OF&FMX OOUNTY SCHEDULE "A" S.C.T.M. #1000-031.00-15. 00-004 .000 S.C.T.M. #1000-037 . 00-03 . 00-013 .000 ALL that certain lot, piece or parcel of land situate at East Marion in the Town of Southold, County of Suffolk, State of New York, which plot is known as and by the northerly portion of Lot 49 and by Lot So as shown on a map entitled "Map of Section Two Gardiner's Bay Estates, situate at East Marion, Long Island" which map was filed in Suffolk County Clerk's office on September 23, 1927 as Map No. 275. Together with a right of way to pass and repass for street purposes over all streets on said map including "the paths" leading to the beach, the fee to the land in said streets and paths, however, to remain in the party of the Gardners Bay Company, Inc. Together with the right to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon the said map as "Beach for use of lot owners" for bathing and similar purposes and together with a right of way over the beach to the water, subject to such reasonable restrictions as may be imposed by the Gardners Bay Company, Inc. and such use to be in common with other persons to whom such rights may be granted by the Gardners Bay Company, Inc. , the party of the second part hereby covenanting and agreeing to pay to the Gardners Bay Company, Inc. the sum of five ($5) dollars per year for the use of such beach, this amount of five ($5) dollars per year to be paid to the Gardners Bay Company, Inc. in advance on the first day of January in each and every year beginning January 1st, 1934. It is understood and agreed that the party of the second part is not to receive any title to the land in the said beach, or any rights or title to the waters and the land under waters adjoining the said beach, other than as above, and the Gardners Bay Company, Inc. reserves the right to cut a canal or canals, ditch or ditches, through the said beach, and to erect bridges over the same, the use of the said beach, of the waters adjoining, and of the beaches and canals to be entirely at the risk of the party of the second part, who is to hold the Gardners Bay Company, Inc. harmless from any damage or damages which said party of the second part or his heirs or assigns may suffer while upon the said beach or in the said waters. If default be made in the payment of the sum of five ($5) dollars for use of the beach, as provided above, and should such default continue for more than sixty (60) days after notice and demand, then the owners of these premises shall at the option of the Gardners Bay Company, Inc. forfeit all rights to the beach, and the Gardners Bay Company, Inc. , its successors or assigns shall have the right and power to bring all necessary actions against the owner of these premises or any part thereof, for the collection of such sums as may be due, with interest, such sums to be and remain liens upon the above described land until paid. Said land is conveyed subject to covenants and restrictions as recited in deed dated May 1, 1933 and recorded in the Suffolk County Clerk's Office on the 24th day of May, 1940 in Liber 2101 of conveyances at page 444 and deed dated December 21, 1966 and recorded in the Suffolk County Clerk's Office on December 29, 1966 in Liber 6092 of conveyances at page 334 . AS TO LOT 49, BEING AND INTENDED TO BE the same premises conveyed to Lois Johnson Thorp by deed dated the 21st day of December, 1966 and recorded in the Suffolk County Clerk's Office on the 29th day of December, 1966 in Liber 6092 of conveyances at page 334 . AS TO LOT 50, BEING AND INTENDED TO BE the same premises conveyed to Alexander F. Johnson by deed dated May 1, 1993 and recorded in * �... : EDNARD P. Roy+nom R E C O R D E D NOV 23 1993COMY