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Home My WebLink AboutL 10888 P 581 FORM 325b- Standard N.Y.B.T.U. Fomt 8007 Bargain and Sale deed with Covenant against Ganlor'S Acts-InJlvidual or Corp? .0 a O CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. v� Pn- 39563 THIS INDENTURE, made the ' 5th day of ,Tune nineteen hundred and eighty-nine BETWEEN S Romw%PINCUS and MCNADPINCUS, his wife, both resitting at 5 Wayfarer Lane, 9ltitht0wn, New York 1178 R71Eao REo O . JULpatty of the first part, and TRAi JAMES A. HAYMM and JUDY C S U h' ^HAYMM his wife, f(`,!;P:i�' v\ both reside ng,at 4 Chuck blurt, Port Jefferson, party of the second part, /i WITNESSETH, that the party of the first part, in consideration of 'three Hundred Twenty-Seven t ------------- Thousand Dollars and NO Cents ($327,000.00) ---y—' —dollars, lawful money of the United States, 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, ` f�,.°mss• , ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and �• 4'64:5; % ° wa being idM %,i 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 DISTRICT Condominium Act of the State of New York (Article 9-B of the Real Property Law of the State of New 1000 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. thereaf- ter amended under date of July 27, 1983, said Amendment having been recorded in the Office of the SECTION Clerk of Suffolk County, Division of Land Records, on the 28th day of July, 1983, in Liber 9395, at 038.02 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 BLOCK Clerk's Office on the 6th day of May, 1983, as Map No. 86. The Building is sham on a site plan as 01.00 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". LOT The land on which the Building containing the Unit is located is described as follows: 042.000 PARCEL I: ALL that certainlot ` p , piece or parcel of land, situate, lying and being at East Nanton, 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 theordinaryhigh 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 EmanuelTHI _ �WOD E D JUL 3 1989 land 570 feet; feet to MnUJAM G.HOW toned land 72.17 CLM0F$UffMEffly TOGETHER with the benefits, rights, privileges, easements ane•auo3 ecc w ute burdens; ctrve- :nants, 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 aide 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 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 aide 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 ele- ments 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 proceed- ings, 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; 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, con- duits, 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 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 where recited and stipulated at length herein; SUBJECT also to an easement in favor of the commercial unit having sole. acceas..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 to rights of other unit owners through the•.coamppu plements. 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 accesm road of the Condominium north to Shipyard Lane. SUBJECT to reciprocal easements of egress and ingress in favor of the Condominium unit owners, members of their family, lessees, assignees and designees 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 farliftler ere constructed on the said adjacent,land.. w in favor of the commercial unit ' a and to the land to F\ tho P E�O.R D ED JUL 3 1989 WIWIUJG.h0l5T endominium to east cne Cat....._- CIE MUIT ( SUBJECT deo to easements In favor or a.,r ..... ... , , le appurtenant for the exclusive use of such patio or deck.*