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HomeMy WebLinkAboutL 11752 P 212 .t7 T 6.91 i• Standard N.Y.B.T.U.Form 8002:Bargain&sale deed, JULIUS BLUMBERG,INC..LAW BLANK PUBLISHERS with covenant against grantor's acts—Ind.or Corp.:Single sheet - CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY n THIS INDENTURE, made the day of I�i�> y -„ , nineteen hundred and f— BETWEEN u ELLSWORTH R. WALDEN and DOLORES R. WALDEN, his wife, Both residing at Greenport, Town of Southold, Suffolk County, New York. DISTRICT SICTION BLOCK LOT 0] party of the first part, and ED9 17 21 20 0 12 ELLSWORTH R. WALDEN JR. residing at Hauppauge, County of Suffolk, State of New York party of the second part, WITNESSETH, that the party of the first part, in consideration 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 Village of. Yeenport,, Town of Southold , County of Suffolk and State of New York, bounded and described is'.foftbws BEGINNING at the southeast'corner of land of Booth on the north side of Sterling Avenue distant 113.25 feet easterly fmmltarpenter Street as measured along the north side of Sterling Avenue; THENCE running north 2 degrees 3 mi—4utes 30 seconads west along land of Booth, t1_ Wells, Quinn and Booth 227.13 feet to itiolt and land of Lieblein; (71 THENCE running north 73 degrees 02 minutes 10 seconds east along last mentioned land 9.0 feet to land of Kung; THENCE running along last mentioned land south 15 degrees 18 minutes 40 seconds east 222 feet to the north side of Sterling Avenue; THENCE running along the north side of Sterling Avenue south 74 degrees 24 minutes 0 seconds west 79 feet to the point or place of beginning. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Auguste Miranda by deed dated December 2, 1963 and recorded in the Suffolk County Clerk's office on December 6, 1963 in Liber 5462 at page 3270,m k mourn ao /,5,0 S#i<.,P� 04-t,G,.t� NY, TA X MA P 3 0 - H- a'7. SUBJECT TO a life estate hereby reserved by the grantors, Ellsworth R. Walden and Dolores R. Walden. SUBJECT TO the Reservation of special power of appointment. (Attached). TOGETHER with all right, title and interest, if any, of the party of the first 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 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. 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 consideration 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" $hall 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. 1N PRESENCE OF; ELLSWORTH R. WALDEN C � Dolores R. Walden ElYR F O O R U F O NOV 30 1995 CLERK OF SUFFOLK COUNTY ATTACHMENT 11752 P9212 RESERVATION OF SPECIAL POWER OF APPOINTMENT The grantors reserve the power to appoint the premises, or any portion thereof, outright or upon trusts, conditions and limitations, to any one or more of the issue of the grantors. This power shall be execisable during the grantors' lifetime by a deed making express reference to this power and executed and recorded prior to one or the other's grantor's death, or after onr or the other's grantor's death by a provision of the grantor's will or any codicil making express reference to this power. No exercise of this power shall be deemed to release any other interest of the grantors, including any reserved life estates, unless a release is explicitly made. The exercise of this power shall not exhaust it, and unless the power is exercised by will or codicil, the deed recorded last shall control as to any ambiguities or inconsistencies, If the power is exercised by will or codicil, said will or codicil shall control as to any ambiguities or inconsistencies. Unless written notice is recorded at the Office of the County Clerk within three (3) months after the death of either of the grantors, of the pendency of proceedings instituted for the probate of the grantor's will and codicil, if any, setting forth the court in which said proceedings were instituted and the file number assigned thereto, it shall be conclusively presumed that this power was not exercised by such grantor's will or codicil..