HomeMy WebLinkAboutL 9910 P 84 Form 31-13 (Standard N.Y.B.T.U. Form XW7-9/66)—Bargain and Sale Deed,with Covenant againai Grantor',A Individual or Corporation
ubEk9910 PACE 84 , b .
THIS INDENTURE, made the day of October nineteen hundred and eighty-five
BETWEEN JOHN CESARE and CLAUDIA CESARE, his wife, residing at
7 Anthony Court, Huntington, New York,
'7 D3a?RICT SECTION a".!? .
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9 12 17 21 26
YC4 party of the first part, and GERARD" BOENING and JOAN! $OENING, his wife, residing
�\ at 212 Sandpiper Lane, West Babylon, New York, itTQ4
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;party of the second part, 1 6111-Wt ,.
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WITNESSETH, that the party of the first part, in consideration of One Hundred Ninety
- Thousand ($190, 000. 00)---------------------------------------- dollars,
1�=} lawful money of the United States, P aid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
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Unn�Y a ` successors and assigns of the party of the second part forever,
SCHEDULE A
G tai The Unit Known as Unit No. 2 F 1 (hereinafter called
(� }. "the Unit") in the Declaration establishing Cleaves Point Village
Condominium (hereinafter called the "Property") made by the Grantor
G 1y; under the Condominium Act of the State of New York (Article 9-B of the
Jv" 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 Declaiation"), and designated also as Lot No. 25, 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 and 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
ti.r 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 It
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Town of Southold
County of Suffolk 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;
RECORDED Nov' 1985 iiiuE- A. k.irusr.,.iA
Cierk ut Sulfulk Cuwity
1 . Soutr, j7 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 Kontokosts;
THENCE North 11 degrees 49 minutes 30 seconds East along the last mentioned
0 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.
SAID PREMISES are known as 2820 Shipyard Lane, Unit 2 F 1.
PARCEL II
ALL that certain plot, piece or parcel of land, with the buildings
thereon erected, situate, lying and being in the Town of Southhold,
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
isoutherly 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 Emmanuel Kontokosts;
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 that 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 . 752 percent interest appourtenant to the
Unit in the common elements of the Property (hereinafter called the
"common elements"
`.POGETHER 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, pipe
e,hafts, 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 constitue 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;
6
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 to rights of other unit owners through the common elements to the
public streets;
it
RECORDED a0v ' 7 1985 ii Hr'I ff .A KINSr! [.A
1.4
ii p .. . .
i,-8 9910 PAGE 81)
TOGETHER with all right, title and interest,if any, of the party of the first part of,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.
"CONTINUED"
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
lane of said adjacent land, along the access road in front of the commercial
wait then to, over and along the main access 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
aLd 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.
SUBJECT to a 15 feet 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.
TO HAVE AND TO HOLD the same unto the Grantee,the heirs or successors and
assigns of the Grantee, forever.
AND the party of the first part cove;ants that the party of the first part has not done or suffered anything
whereby the said premises have been iucumbered 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 indenture so requires.
IN 'WITNESS WHEREOF,the party of the first part has duly executed this deed thezzq�e_
ar first above
written.
1N PRESENCE OF
/ O/���� JOHN
/JCESARE
is �4/4r iL_
CLAUDIA CESARE
RECORDED _...� __..
HOV 19d5 IULIEM A. K.INSr LU1
Cicrk of Suifulk County