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HomeMy WebLinkAboutL 10807 P 575 Form 8002`8-87-20M—Ba,rguln uud tlale ne,-d,with Conn--t uguim,t Crunlor'a Acle—Individual m,CarPormiun. (single nh-1) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. .` A607 11�'75 P 26216 THIS INDENTURE,made the 15th day ofFebruary nineteen hundred and eighty-nine ((J BETWEEN Dennis J. Driscoll and Anne D. Driscoll, his wife, residing at 4 Devereux Place, Garden City, New York 11530 3 party of the first part, and Jerry Kirschbaum and Marilyn Kirschbaum, his wife, residing at 81-25 190th Street , Jamaica, New York DISTRICT SECTION BLOCK / LOT Il fel C� CI7 CTS f-�lt� WV� party of the second part, I I L 20 WITNESSETH,that the party of the firsrpart;in cotlsideratibrt 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 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 ---SEE ANNEXED RIDER--- . ' 6216 RECEIVED �. REAL ESIATE MAR 1 1989 TRANSI-FR TAX su,tr)K COLIN FY TAX MAP DESIGNATION Dw. 1000 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and 038. 02 roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances Sec 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 61[.01.00 the party of the second part forever. 026. 0 a)d 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 P Y g Pe f 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 indenture 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: De__ is J. -Driscoll a IETTE A KINSELLA 1989 JU RECORDED �R 1 Clerk of Suffolk County '�4 �� _ F ._SW' Ca. , 1 rf ap i,1 s, iij Yaili. 5t". af: .- I "'• ]ORtR oRMW Tont. cotM1T o. ..: at�tE or MW cont. cotwnT a .. { 7 da, u( •A• t = lY i,e inrr r r rn riett{ lir✓rla.lp oma,. r� •.a:. ! to tr(orr me1 "i Dennir, Drisr - t +ni '` came Anne D. Dtis,,,II + V,, me Lnnwr t. tr tL•r .......al s tka(n!n1 In and wh 1,. me kv,sr in tK the Torn.". drarr,IK•1 in and wlot r Tar �irvl L,r � •,C : r .i.-ro•r.nt, al I al Arv.w k! r.f d..' ran ctnl t!x f rtr��r r i Lhc r e]etute,l t1K y ..e. C '�C ,nwum•nt, and xLrwx kdtr•1 'tit I Y.k fC. ...r - 1 •1 li RVATE W MW TORR,COIIMTT Oa ..: STATE O/NEW Tont,COOMTT of u: ' rt a .yrf} 11n t/K da • i 1'r !rhrr nr "n the •av %r to !r(nrr rrK ,KrM 111 Il (lrM 1.•r.• n l^lf N•1, nln hone by me dol( sxnr•r dr! dn,,.e a ' thr .,! dnnC xilnrw In the 7nteCnlnC inctn,mmt, with ,4 <a� 11u1 he r<w1a at Ko. ahem 1 am ,Kr,nna!!% argnatme(j, tshn, trtmg hr me dulc that he i. the II ' .xnrn, did dex i.land sap that he rcsidt,at \a. ` of 0.u: Le km,xs �,. .. ' the m ati 1r•m •' I. . _ in art NLuh a<rrnh.l the (nr C tC . r rr. Itut 11 to M the indn'idu]1 Ann„ d, 'eA „f .ind or,• r t I-,, 7i 1 1! 4°.c ! !ewrifwd In and 'ahn rreeuj,1 the (orc ont in-•r�-•.nt; v + UI .-.0 in.t ntmrnl i .urh 1 , .ra r - .,!, t!:It It %a. .�, 0441 ur. alt 'uh,;--il r. witness, x g(tte' g ZS mt and SaN' . afTlanl be nnler n! dK 1.arJ t .hrr,t,•. ! I .•�rp.r,- r.rcroe th.. ame and that he. 'ai.l witness. tion. and that he mCrled It ::4me thereto b, Lke urder at the carne time :uhrrih j h name as ximesi 0hercto. I 1 \• i 1 {, 141 •� _ r r 1.. { ] x G GElhl �, r t'P ..)n! Ail N. r Ni iarpla aub lalr Hteb tt 11i1, .,.� ,'.I . .r•... ,.. All,,,. 038.02 I , �. TnrE No _W e10- ut )0 01.00 - - n 026.000 t Dennis J. Driscoll and coumr n] tuNN Suffolk {1 Anne D. Dri scot l ua An l lir. Autntcs r r 102820 Shipyard Lane, Unit 2F2 , I , East Marion, New York e * '»? .. rry Kirschbaum and Marilyn Kirschbaum NrmnteMNEorRN arrw rAl.rtrw.NrR cenoer,r `, ' RETURN BY MAIL TO ii,t;y.. y •- 1 r ; Myron Vogel, Esq, nm.ti.... 99 Mineola Avenue Roslyn Heights, NY 11577 a TICOR TITLE GUARANTEE I _. N. x t guy. 1� I 1 a 10807 PCS ' SCHEDULE A The Unit known as Unit No. 2F2 (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 dated 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. 26, 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: -continued- r RECORDED iINR 1 1989 JULIETIE A. KIN SELLA Clerk of Suffolk County 10807 PC5 Q 8 SCHEDULE "A" CONTINUED 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 Gardiners Bay; THENCE along the ordinary high water line of Gardiners 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; THENCE North 11 degrees 49 minutes 30 seconds East along the last mentioned land, 5%0 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. JULIETTE A. KINSELLA RECORDED 4AR 1 1989 clerk of sufraa cauoty 10807 K5149 SCHEDULE "A" PARCEL II ALL that certain plot, piece or parcel of land, 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 Gardiners Bay; THENCE along the ordinary high water line of Gardiners Bay along a tie line bearing of North 69 degrees 06 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 2.245 percent interest pursuant to the Unit in the common elements of the property (hereinafter called the "common elements); TOGETHER with an easement for the continuance 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 shifting of the Building, or as a result of repair or restoration of the Building or of the Unit after damage or destruction by fire or other casualty, or after a 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, vent ducts, pipe shafts, utility lines, flues and other common elements located in any of the other units or elsewhere on the Property, and serving the Unit; TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to the Unit; -continued- 799 JULIETTE A. KINSEL A RECORDED PAR 1 1989; `Clgrk 0f Suffolk county 10807 K560 SCHEDULE "A" continued TOGETHER also with a right of way through the common elements to the public streets; TOGETHER with and SUBJECT to all easements of necessity in favor of the Unit or in favor of other units 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, pipes shafts, chutes, shafts, flues and other common elements located in the Unit or elsewhere on the Property and serving such other units; SUBJECT also to the provisions of the Declaration and of the By-Laws of the Condominium recorded simultaneously with and as part of the Declaration, as the same may be amended 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 herein; SUBJECT also 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 100 feet North, West and South of the commercial unit; SUBJECT also th rights of other unit owners through the common elements to the public streets; SUBJECT also to an easement for ingress and egress 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 West. SUBJECT to an easement 24 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 said adjacent land, along the access road in front of the commercial unit then to, over and along the main access road of the Condominium North to Shipyard Lane; SUBJECT to a reciprocal easements of egress and ingress in favor of the Condominium Unit owners, members of their family, lessees, assignees and designeers and in favor of the owner or owners, members of their family, lessees, assignees and designees of the adjacent land to the West of the Condominium Property for the purpose of permitting access to and from the commercial unit and a marina or other commercial facilities to be constructed on the adjacent land to the West which reciprocal easement will permit the use of access roads in front of the commercial unit to and from Shipyard Lane which easements shall become effective if, as and when a marina or other commercial facilities are constructed on the said adjacent land. -continued- 1UlIETfE A. NINSELLA RECORDED ►R i fss9� Clerk of Suffolk County _ SCHEDULE "A" continued SUBJECT to a 15 foot wide easement of ingress and egress in favor of the commercial unit extending from the easement providing ingress and egress to Shipyard Lane from and to the land to the West of the Condominium land, South along the West property line of the Condominium to East Gardiner's Bay and then East approximately 93 feet along Gardiner's Bay; SUBJECT also to easements in favor of any unit to which a patio or deck is appurtenant for the exclusive use of such patio or deck. > Premises known as: 2820 Shipyard Lane, (Unit 2F2) , East Marion, NY. 1 � I I R ONE r4"11q ?0 044PIL owclhi )� BEING the same premises conveyed to grantor by deed dated October 18th, 1983 and recorded in the Suffolk County Clerk' s Office in Liber 9451 at Page 414. J w� 2091 S- RO�pR0EID S MAR 3. 1989 M. 11A Q OESu1to1N County �letk of r. L„ Z.. AILIETTE A. KINSELLA RECORDED �14R 1 tsar; Clerk of Suffolk County