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Home My WebLink AboutL 11569 P 563 '•^ WCa2 .. Standard N.Y.B.T.U.Form 8002• -Bargain and Sale Deed. with Covenant against Grantor's Am—Individual or Corporation(tingle sheet) • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RE USED DR L.Ay ERS LY. CONSIDERATI . 11569PZ6 'NO 1®i,1 C THIS INDENTURE,made the a day of � nineteen hundred and ninety— q, BETWEEN JAMES A. HAYWARD and JUDY C. HAYWARD, his wife, both residing at: 1 d 4 Chuck Court Port Jefferson, New York 11777 a �'+•.aJ'r pp party of the first part, and JAMES A. HAYWARD and JUDY C. HAYWARD as TRUSTEES OF THE JUDY C. HAYWARD REVOCABLE LIVING TRUST, having an address ati... , / 4 Chuck Court 8%/��1�/CT//d Port Jefferson, New York 11777 ,,,t— VOT party of the sero 1� t i 10 dl WITNESSETH,At the party ofgie first part, in consideration of Ten Dolfars 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 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 being in the District: 1000 SEE saED LE "N' ATD�GIED Section: 038.02 Block: 01.00 Lot: 042.000 $ RECEIV REAL STATE ; 40V rp r 1992 TRS'qNSFrR TAX , UFFpLK �; hry 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; 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. 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 worst "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: James A. Hayward VVV 1� y C. Ha 'CI' '' RECORDED Nov 10 1992 a of aournr i 1156%bba SCHEDULE "A" All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being The Unit known as Unit No. 4N (hereinafter called "the Unit") in the Declaration establishing Cleaves Point Village Condominium (hereinafter called the "Property") made by the Grantor under the Condominium Act of the State of New York (Article 9-B of the Real Property Law of the State of New York) , dated April 24, 1983 , recorded in the office of the Clerk of Suffolk County," Division of Land Records on the 6th day of May, 1983, in Liber 9354 , at Page 235, which said Declaration was thereafter amended under date of July 27, 1983, said Amendment having been recorded in the Office of the Clerk of Suffolk County, Division of Land Records, on the 28th day of July, 1983, in Liber 9395, at Page 61, (hereinafter called "the Declaration") , and designated also as Lot No. 42, District 1000, Section 38. 02, Block 1 on the Tax Map of the Town of Southold and on the floor plans ("the Floor Plans") of the Building, certified by Kontokosta Associates Engineers & Architect, filed in the said Clerk's Office on the 6th day of May, 1983 , as Map No. 86. The Building is shown on a site plan as filed in the said Clerk's Office as Map No. 86. The Building and the land on which it is located are hereinafter referred to as the "Property" . The land on which the Building containing the Unit is located is described as follows: PARCEL I: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Southwesterly side of Shipyard Lane distant 2808 . 97 feet Southerly from the corner formed by the intersection of the Southerly side of Main Road (N.Y.S. Route 25) with the Southwesterly side of Shipyard Lane; THENCE South 35 degrees 41 minutes 30 seconds East along the Southwesterly side of Shipyard Lane 405 feet to the ordinary high water line of Gardiner's Bay; THENCE along the ordinary high water line of Gardiner's Bay the following two tie line courses and distances: 1. South 37 degrees 28 minutes 00 seconds West, 346. 66 feet; 2 . North 88 degrees 33 minutes 40 seconds West, 201.57 feet to other land this day conveyed to Emanuel Kontokosta; S ' ! v� w RECORDED Nov 10 1992 e�wcof '+a"'"e � . .�^. 11569H566 THENCE North 11 degrees 49 minutes 30 seconds East along the last mentioned land 570 feet; THENCE North 55 degrees 16 minutes 00 seconds East still along the last mentioned land 72. 17 feet to the Southwesterly side of Shipyard Lane at the point or place of BEGINNING. TOGETHER with the benefits, rights, privileges, easements and subject to the burdens, covenants, restrictions, by-laws, rules, regulations and easements all as set forth in the Condominium Documents filed and recorded as aforesaid. PARCEL II: ALL that certain plot, piece or parcel of land, with the buildings thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of Shipyard Lane distant 2508 . 97 feet southerly from the corner formed by the intersection of the southerly side of Main Road (N.Y.S. Route 25) with the southwesterly side of Shipyard Lane: THENCE South 35 degrees 41 minutes 30 seconds East along the southwesterly side of Shipyard Lane 300 feet to other land this day conveyed to Emanuel Kontokosta; THENCE South 55 degrees 16 minutes 00 seconds West along the last mentioned land 72 . 17 feet; THENCE South 11 degrees 49 minutes 30 seconds West along the last mentioned land 570 feet to the ordinary high water line of Gardiner's Bay; THENCE along the ordinary high water line of Gardiner's Bay along a tie line bearing or North 69 degrees 04 minutes 30 seconds West, 367.59 feet to land conveyed to Parkside Heights Co. ; THENCE north 11 degrees 49 minutes 30 seconds East along the last mentioned land 565 feet; THENCE North 55 degrees 16 minutes 00 seconds East still along the last mentioned land 278.84 feet to the southwesterly side of Shipyard Lane at the point or place of BEGINNING. TOGETHER with an undivided 3 . 133 percent interest appurtenant to the Unit in the common elements of the Property (hereinafter called the "common elements") ; TOGETHER with an easement for the continance of all encroachments by the Unit on any adjoining units or common elements or limited common elements now existing as a result of construction of the building or which may come into existence hereafter as a result of settling or . i ' it)i T RECORDED Nov io 1"200W� P. , -- 1 .115690M �' ;' shifting of the building, or as a result of repair or restoration or the building or of the Unit after damage or restruction by fire or other casualty, or after taking In condemnation or eminent domain proceedings, or by reason of an alteration or repair to the common elements, so that any such encroachments may remain, so long as the building shall stand# TOGETHER with an easement in common with the owners of other units to use any pipes, chutes, shafts, wires, ducts, cables, conduits, went ducts, pipe shafts, utility lines, flues and other common elements locates in any of the other units or elsewhere on the Property, and Serving the Units TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to the Unitt TOGETHER also with a right of way through the common elements to the = public strestet TUnit or with and SUBJECT to all easements of elemental in favor of the Unit or In favor of other unite or the common elements) SUBJECT also to an easement in favor of the other units to use the pipes, wires, ducts, conduits, cables, utility lines, vent ducts, pipe shafts, chutes, shafts, flues and other common elements located in the - Unit or elsewhere on the Property and serving such other unitst -- SUBJECT also to the provisions of the Declaration and of the By-Law of the Condominium recorded simultaneously with and as part of the Declaration, as the mama may be emended from time to time by instruments �- recorded In the Office of the Clerk of Suffolk County, which provisions, together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in the Unit as though such provisions were recited and stipulated at length hereint SUBJECT also to an easement In favor of the commercial unit having sole access to land as a limited common element for the exclusive use of the commercial unit which shall extend loo feet north, west aha south of the commercial unit. SUBJECT also to rights of other unit owners through the common elements to the public streetst SUBJECT also to an easement for ingress and agrees in favor of the commercial unit 24 feet wide extending from the commercial unit limited common element westward to the west boundary line of the land for the purpose of providing access to adjacent property to the wast. SUBJECT to an easement 21 feet wide for ingress and egress, in favor --* of the owner of the adjacent land to the west, extending from the easterly boundary line of meld adjacent land, along the aaoeN road 11n front of the commercial unit then to, over and along the mein sooess ��; � 11569I�568 road of he Condominium north to shipyard Lena• susiccr to reciprocal easement$ of egress and ingress In favor of he Condominium unit owners, members of their family, 1086006, assignees and designees and in favor of the owner or owners, membero,of their really, lessees, assignees and designees ofthe ot dja cettlngnt anddaooass 40 theW editthe Condominium property for the purpose the commercial unit and a marina or other commercial facilities to be constructed on he adjacent land to he west which reciprocal easement will permit he use of access roads in front of the commercial unit to and from shipyard Lena which easements shall become effective it, as and when a marina or other commercial facilties are constructed on he said adjacent land. suwzcT to a 1S feet vide easement of ingress and ogress in favor of the and egress commercial o easementi ding Shipyard Lane from and totheand to the westreat the ominium to ddeast'Gardinargo sayaand thenthe west east approximately line of 93 test Slang Gardiner•s say. which a dock appurtena t for he exclusivefavor u6e of suchunit patio or dock.Patio oe TO HAVE AND TO HOLD the same unto the Grantee, the heirs or successors and assigns of the Grantee, forever. The use for which the Unit is intended is that of a residence, except - that if the unit is a commercial unit it may be used for any lawful purposes. The Grantor covenants that the Grantor has not done or guttered anything whereby the premises hove been encumbered in any way whatever, except as aforesaid. The Grantor, in compliance with section 17 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold he right to receive such consideration as a trust fund for he 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 same for any other purpose. The grantee accepts and ratifies the provisions of the Declaration and the By-Laws and the Rules and Regulations of the Condominium recorded simultaneously with and as part of the Declaration and agrees to comply with all the terms and provisoes hereof as the same may be ammendfromtime to time rrdin the Office of the dCounty (Division instruments Records). SAID premises being commonly known as 3630 shipyard Lase, test Marion, Now York. SSING AND INTENDED TO BE the same promises conveyed to grantor by deed dated the Sh date of June, 19s9, and recorded on the 3rd day or July 1989, in Liber 10889 at page SSL