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HomeMy WebLinkAboutL 11700 P 825 l AF3ilal771 Standard N.V.B.T.U.Form 8001Barg ain and Sale Deed without Covenant agains[Grantors'Acta Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. G. tt/'// THIS INDENTURE, made the day of OVern he-r, nineteen hundred and ninety—f Our BETWEEN JOHN F. HARTUNG AND GERTRUDE G. HARTUNG, HIS WIFE , both residing at 6325 Cocoa bane , Apollo Beach, Florida 33572 DISTRICT FILED ( SECTION ( BL(?CK LOT G iLLL1�.�6 ® L.l..d 1E FT 17 20 party of the first part, and JOTIN F. HARTUNG, residing at 6325 Cocoa lane , Apollo Beach, Florida 33572 party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and othervaluable 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 for the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate, lying and being == at New Suffolk, Town of Southold , County of Suffolk and State of New York, bounded anddescribed as follows: SEE SCHEDULE "All ATTACHED 1000 117.00 SUBJECT TO the obligation to pay a pro rata share with al.l other 05.00 owners , grantees and lessees of the School House Property of the 015.000 costs of maintaining at all times four feet of water at low tide in the canals . Said pro rata share to be used on the canal frontage of the party of the second part , which the said party of the second part hereby covenants and agrees to pay, at the fair market price per cubic yard for such work, all of which relates to the 30 foot channel and excludes the 15 feet adjacent to owners and lessees of the canal frontage reserved to owners and lessees . SUBJECT TO the right of Harrington H. Tuthill and others to pass and repass over said right of way from Old Harbor Road to other land of said Harrington H. Tuthill southerly of the premises , BEING AND INTENDED to be the same premises conveyed to the party of the first part by deed dated the 5th day of March, 1970, recorded March 6, 1970 in the Office of the Clerk of the County of Suffolk at liber 6714 Page 15 of Conveyances. > I TOGETHER with all right,title and interest,if any,of the party of the fi rst 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 HOLDthe premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ANDthe party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party ofthefirst part will receive the consideration forthis conveyance and will hold the rightto receive such consideration as a trustfund to be applied firstfprthe 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 the day/and yearfirst above written. IN PRESENCE OF: o F. Hartung Gertrude . Hartung RECORDED EDWARD P.ROMNE NOV 2 1994 CLERK OF SUFFOLK C011idfX w SCHEDULE "A" ALL that certain plot, piece or parcel of land, vyith the buildings and improvements thereon erected, situate, lying and being at New Suffolk, 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 southeasterly side of a private road 15 feet in width,which point or place of beginning is distant the following two courses and distances from the point of intersection of the easterly comer of land now or formerly of Lundine with the southwesterly side of Old Harbor Road: (1) South 46 degrees 18 minutes 30 seconds East, along the southwesterly side of Old Harbor Road, 145.85 feet; (2) South 30 degrees 39 minutes 00 seconds West, along the southeasterly side of said private road,91.35 feet to the point or place of beginning; THENCE South 64 degrees 53 minutes 30 seconds East, along land now or formerly of Tuthill, 172 feet,more or less,to the ordinary high water mark of Cutchogue Harbor; /THENCE South 19 degrees 15 minutes West, along a tie line bearing only 77.90 feet to a point, said distance actually being measured along the high water mark of Cutchogue Harbor and through a jetty and terminating four feet, more or less, south of said jetty; THENCE North 79 degrees 54 minutes 30 seconds West, 80 feet; THENCE North 62 degrees 14 minutes West, 30.15 feet to the southerly end of the private road fust above described; THENCE South 62 degrees 30 minutes West,along the southerly end of said private road, 19 feet,more or less, to the ordinary high water line of a canal which is a tributary of School House Creek; THENCE northwesterly along the ordinary high water mark of said canal, 34 feet, more or less,to a point; THENCE North 62 degrees 30 minutes East, across said private road, 19 feet, more or less, to the easterly side of said private road; THENCE North 27 degrees 30 minutes West,along the easterly side of said private road, 62.04 feet; THENCE North 30 degrees 39 minutes East, still along said private road,38.67 feet to the point or place of BEGINNING. (continued) 117009825 EXCEPTING THEREFROM so much of said described premises as (southerly of the jetty)lie below the ordinary high water mark. TOGETHER WITH a right of way 15 feet in width running from Old Harbor Road to the northwesterly and westerly boundary of said premises; said right of way being described as follows: the southeasterly and easterly linesa described as follows: BEGINNING at a point on the southerly line of Old Harbor Road, distant 146 feet southeasterly along said southerly line from land of Lundine; RUNNING THENCE South 30 degrees 39 minutes West, 130.02 feet to a point; THENCE South 27 degrees 30 minutes East, about 96.04 feet to other land of the party of the first part,the northerly and westerly lines being 15 feet therefrom and as measured at right angles thereto. Said right of way is for access between said premises and Old Harbor Road, and for the installation and maintenance of public utility mains and lines and for the installation and maintenance of water mains and wells, provided,'however, that although the party of the second part may place points for water in the right of way, the installation and maintenance thereof is to be without interference to the rights of the party of the first part,their heirs or assigns, and others to pass and repass over the right of way. TOGETHER with an easement for the installation of water mains and wells along a strip of land 10 feet in width extending from the northwesterly line of said right of way northwesterly along Old Harbor Road to said land of Lundine. TOGETHER with all right, title and interest of the party of the first part of, in and to land below the high water mark and under the waters of Cutchogue Harbor, adjacent to said premises on the southeast. TOGETHER with a right of way and free access, in common with others,to the canal adjacent to the premises and from the ordinary high water mark constituting part of the westerly boundary of the premises southerly along said canal to the waters of Cutchogue a Harbor. TOGETHER with the right to construct and maintain a pier 15 feet into the canal from said ordinary high water mark constituting part of the westerly boundary.