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HomeMy WebLinkAboutL 9890 P 431 . LisEp 9890 PAGE 431 DISTRICT SECTIO'! CLOCK LOT Ali EID 2b242 CLEAVES POINT VILLAGE CONDOMINIUM / DEED - - - - - - - - - - - - - - - - - - - - - - - - - CLEAVES POINT VILLAGE, INC . -to- e q�S JOHN CESARE and CLAUDIA CESARE j T _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ jRecord and R rn to: ROBERT DELLA, ESQ. 1609 rand Avenue B win, N.Y. 11510 p L Sectio . 02 Block: Lot: 0 Count} ffolk 9242 vS© ' l ' s.� f� .:.rrt) . r L ESTATE OCT 9 1985 TRANSFERTAX 8dFFL LK COUNTY CCT LS 19551 JULIETTE J f h -�n �� r, I�L:t.��t�t � usLr 9890 ?acE 432 UNIT DEED THIS INDENTURE; made this 13 day of August 198 5 between CLEAVES POINT VILLAGE, INC. , a New York corporation having an office at the Cleaves Point Condominium, Shipyard Lane ( P .O. Box 67 ) , Greenport, N.Y. , 11944 , "Grantor" and JOHN CESARE and CLAUDIA CESARE, his wife both , residing at 7 Anthony Court , Huntington, N.Y. 11743 "Grantee" , W I T N E S S E T H: That the Grantor, in consideration of Ten ( $10 . 00 ) Dollars and other valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, the heirs or successors and assigns of the Gr4ntee, forever: The Unit known as Unit No. 3J (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. 30 , 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: JULIETTE A I�LvGlerk of urfuih lu6d q r • LIB F 9890 ?AcE 433 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 Ship- yard 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 dis- tances : 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 570 feet; THENCE North 55 degrees 16 minutes 00 seconds East still along the last mentioned land 72 . 17 feet to the South- westerly 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 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 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; -2- OCT J i3J51 JULIETTCA Nli (�C ((Dt!(� Clerk of urwr. L�un!7 ' PACE 434 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 Gardeners 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 3.133percent interest appurtenant to the Unit in the common elements of the Prop- erty (hereinafter called the "common elements" ) ; TOGETHER with an easement for the continuance of all encroachments by the Unit on any adjoining units or com- mon 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 emi- nent domain proceedings, or by reason of an alteration or repair to the common elements , so that any such encroachments - may ncroachments "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; -3- GCT 3 19551 JULIETT` A h"1 0 F Ell 1.D Clerk of Surioii, Cuuu,y Lldrr.98�O PACE 43D 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, 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 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 to 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 commer- cial unit 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 —4— GC`.7 3 19951 JULIETTE A. K Liv i,RD F0 � Clerk of 9unuii Juane; LIE EF 9890 PACE 436 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 . 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. 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 suffered anything whereby the premises have been encumbered in any way whatever, except as aforesaid. The Grantor, in compliance with Section 13 of the Lien Law, covenants that the Grantor will receive the consi- deration for this conveyance and will hold the right to re- ceive such consideration as a trust fund 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 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 provisions thereof as the same may be amended from time to time by instruments recorded in the Office of the Clerk of Suffolk County (Division of Land Records) . The within conveyance is made in the ordinary course Of business of the Grantor. -5- OCT J 19E51 JULIETTE A. f li r�tCOf(GtD Clerk cf urfuiL ( uuiiy