HomeMy WebLinkAboutL 11834 P 798 Standard N.Y.B.T.U.Form 80014 5.83-5M—Bargain and Salle Deed,wi ho t Covenant against Grantor's Acta—Individual or Corporation(single sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY.
THIS INDENTURE,made the day of March nineteen hundred and ninety—seven
BETWEEN CHANCY D'ELIA CURRY, residing at 13 Norch Screet,
Greenwich, Connecticut 0 830
DISTRICT SECTION BLOCK LOT
I ® I I I /I) I R
i�
party of the first part, and JOSEPH A. CORTESE, of 558 Westchester Avenue„/ 3
Rye Brook, New York, and GILDA JENSEN of 112 Putnam Park, Greenwich, Connecticut,
as Trustees of a certain Qualified Personal Residence Trust, dated March 4, 1996
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 ]and, with the buildings and improvements thereon erected, situate,
lying and being in the Town of Southold, County of Suffolk, New York, and more
particularly described on SCHEDULES A and B attached hereto and made a part
hereof.
NOTE: This is a Correction Deed to a certain Deed, dated March 4, 1996 among
the parties hereto and recorded in the Suffolk County Clerk's Office
on April 4, 1996 at L 11768, P591
TAX MAP
DESIGNATION
J1st.
0 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
ilk 0306 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 hereingranted unto the party of the second part, the heirs or successors and assigns of
bO 1603
the party of the second part forever.
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 ESS EREOF, the party of the first part has duly executed this deed the day and year first above
writ
I F Ca
CHANCY DELA CURRY
Y
RECOROE® JUN 10 1997 CLEMMSUFMILK 0 1Y
11
Schedule A
ALL that certain tract, parcel or piece of land, lying, being and
situated at Paradise Point, in Bay View, near Southold, in the
Town of Southold, County of Suffolk and State of New York, and
being more particularly bounded and described as follows:
BEGINNING at a monument on the southeasterly line of a 50
foot private road leading from Paradise Point Road, said point of
beginning about 1950 feet in a general northeasterly direction
along said southeasterly line of said 50 foot private road from
said Paradise Point Road, and said point of beginning being the
northerly corner of land conveyed by the party of the first part
to Fred Rimmler; from said point of beginning running along said
southeasterly line of said 50 foot private road, 2 courses, as
follows:
(1) North $2 degrees 52 minutes 00 seconds East, a distance of
4 .42 feet to an iron pipe; thence
(2) North 68 degrees 30 minutes 00 seconds East, a distance of
120. 58 feet thence along land of the party of the first
part, South 47 degrees 51 minutes 00 seconds East, a
distance of 159 feet, more or less, to ordinary high water
mark of Peconic Bay; thence southwesterly along said high
water mark, 125 feet, more or less, to said land of Rimmler;
thence along said land or Rimmler and passing through a
monument, North 44 degrees 26 minutes 40 seconds West, a
distance of 202 feet, more or less, to the point or place of
beginning.
TOGETHER with a right of way (in common with others) over
said 50 foot private road from the northerly corner of the
premises in a general southwesterly direction about 2075 feet to
the northerly end of Paradise Point.
TOGETHER with a right of way (in common with others) in and
over all roads, as they may be constructed or are presently
constructed, including the right of way hereinbefore mentioned,
on the entire tract owned by the seller, a portion of which
comprises the premises hereinabove described, which tract is
known as Paradise Point in said Southold Reserving to the seller,
his successors and assigns, the right to change, alter, amend or
withdraw any road or rights of way either now laid out, including
the right of way hereinbefore mentioned, or to be laid out, as
long as normal ingress or egress is provided to and from the
afore-described premises to the Public Highway known as Paradise
Point Road.
TOGETHER with all the right, title and interest of the
seller, if any, of, in and to Peconic Bay and the lands under the
waters thereof lying in front of and adjacent to the said
premises.
And the Purchasers, for themselves, their heirs and assigns,
do hereby covenant and agree with the Seller, his successors and
r
assigns that the said premises hereinabove described shall be
subject to the following covenants and restrictions:
COVENANTS AND RESTRICTIONS
1. Only one (1) single family dwelling house for private
residential purposes only, and a private garage for family use
shall be built on the above described premises. No trailers,
tents or camping shall be permitted.
2 . No trade, craft, business, manufactory, industry, commerce
or profession, including hotel, boarding and rooming houses,
shall be conducted upon the property hereby conveyed.
3 . No fowl, poultry, animals or livestock, other than domestic
household pets, shall be kept on said premises.
4 . No outside privies, toilets or water closets shall be
erected, constructed, permitted or maintained upon said premises.
An adequate septic tank or cesspool approved by the Suffolk
County Health Department shall be constructed and maintained to
take care of the sewage disposal.
5. No structure or structures, including dwellings,
outbuildings and fences, shall be erected or constructed on any
part of the above described premises, unless the plans,
specifications and location thereof shall have first been
submitted to and approved by the party of the first part, his
successors and assigns, in writing, or, in the event of the
formation of an association of landholders on Paradise Point, it
shall then be first submitted and approved, in writing, by the
said association of land holders.
6. That no building, structure or structures, on , above or
below the surface, other than public utility pipes or lines,
shall be erected, constructed or maintained within twenty (20)
feet from the Easterly or Westerly sides of said premises.
7 . No garage shall be so erected so that the entrance thereto
shall face the said right of way or private road.
8 . No tree or trees, now in existence or which may hereafter
come into existence, naturally or artificially, may be cut down,
destroyed or removed from said premises without the written
consent or permission of the party of the first part, his
successors or assigns, or in the event of the formation of an
association of land owners on Paradise Point, without the written
consent or permission of said association of land owners.
9 . Said premises are conveyed subject to any easements on,
above or below the surface of the said premises that have been
granted or may hereinafter be granted for the erection of poles
and necessary anchors thereto, lines, mains, or conduits for
public utility purposes, or that may hereafter be erected, or may
be necessary to be erected, for the proper maintenance of said
public utility poles, anchors, lines, mains, or conduits, said
easement being limited to and not exceeding 10 feet from the
easterly line of the 50 foot private road.
10. The party of the second part shall pay his proportionate
share for the maintenance of any private roads that now exist on
said tract known as Paradise Point, provided, however, that such
proportionate share shall not exceed a fair portion of the
maintenance in proportion to the road frontage abutting the
premises hereinabove described.
11. The party of the first part reserves the right to convey his
fee interest in and to all rights of way and private roads to an
association to be formed and organized in the future consisting
of the land owners on the entire Paradise Point tract, which
association shall be formed and organized when in the opinion of
the party of the first part, his successors and assigns, it is
deemed expedient and desirable. The party of the second part
agree for themselves, their heirs and assigns, that they will
join said association upon its formation and organization.
12 . The party of the first part, for himself, his successors and
assigns, covenants and agrees that all of the foregoing covenants
and restrictions shall apply to other land of the party of the
first part lying between Little Peconic Bay and the right of way
hereinbefore described and running northeasterly from the lands
of C. Dwight Baker, •a distance of eight hundred eighty-three
(883) feet, more or less.
13 . The party of the first part for himself, his successors and
assigns, covenants and agrees that no land shall be sold within
the area described in Paragraph numbered 12 next preceding
hereof, in lots less than one hundred (100) feet in width on
Peconic Bay, and one hundred (100) feet in width on the said
right of way, excepting the plot lying between the parcel
hereinbefore described and lands of said C. Dwight Baker, and
excepting one parcel at the northeasterly end of said area which
may be less than one hundred (100) feet in width.
14 . Notwithstanding anything to the contrary hereinbefore stated
with reference to rights of way and the privilege of relocating
the same, no right of way shall be erected or exist running from
the right of way hereinbefore described as running with the land
hereby sold and Little Peconic Bay, in the area described in
Paragraph numbered 12 .
15. The party of the first part, his successors and assigns may
release, amend, alter and annul the said covenants and
restrictions with the consent in writing of all the property
owners in the area described in Paragraph numbered 12 .
16. The said covenants and restrictions are hereby declared to
be covenants and restrictions attached to and running with the
land.
17 . Excepting the premises in the area mentioned and described
in paragraph numbered 12, nothing herein contained shall be
construed, nor shall there be any obligation upon the party of
4 the first part, his successors, and assigns, to restrict in any
manner the remainder of the premises or any other premises now or
M hereafter owned by the said party of the first part, his
successors and assigns, on Paradise Point.
18. The property described herein is shown on a Map made by Otto
W. Van Tuyl, entitled "Map of Property owned by Paradise Point,
Incorporated, situate at Bay View, Town of Southold, New York"
surveyed September 15th. 19.47 .
SCHEDULE B
ALL that certain plot, piece or pacel of land, with the
buildings and improvements thereon errected, situate, lying and
being at Paradise Point, 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 southerly line of a 50 foot
private road known as Robinson Road, at the northeasterly corner of
land of the party of the second part;
Running thence along said southerly line of said private road,
North 47 degrees 48 minutes East 25 . 0 feet;
thence along other land of the party of the first part, South
47 degrees 51 minutes East 159 feet, more or less, to ordinary high
water mark of Peconic Bay;
thence southwesterly along said high water mark, 25 feet, more
or less, to said land of the party of the second part;
thence along said land, North 47 degrees 51 minutes West 159
feet, more or less, to the point of BEGINNING.
TOGETHER WITH the right to use in common with others the
rights of way referred to in a deed from Nelson S. Robinson,
trustee, to the grantees herein, dated April 13 , 1960 and recorded
in land records in Liber 4804 Page 382 .
TOGETHER WITH all the right, title and interest of the
Grantor., if any, in and to Peconic Bay and the lands under the
waters thereof lying in front of and adjacent to the said premises .
� f
38164 Rp
11834 PC798 1 M ` $ .D"---� [Q DIE
REALTAX
93JUU'I10 P112: 52
Number of pages � JUN1-2v
i( r.
TORRENS CLEkk OF
TRASUFFOLK COU it Y
Serial H S
Certificate N C
Prior ctf.11 38164
Deed/Mortgage Instrmnent Deed/Mortgage Tax Sump Recording/Filing Stamps
4
FOGS
Page/Filing Fee
Mortgage Amt. —
Handling J 1. Basic Tax _
TP-584 _ , / - 2. Additional Tax —
Notation Sub Total _
EA-5217(County) --��� Sub Total T J� Spcc./Assit.
EA-5217(State) J — or
Spec./Add. _
R.P.T.S.A. � p� cal-I
�s TOT.M'fG.TAX
Comm.of Ed. 5 . 00 Dual Town Dual County
Affidavit ��^ Held for Apportionment
Transfer Tax
Mo,Ho�
Certified Copy 9� Mansion Tax _
The properly covered by this mortgage is or
Reg.Copy // will be improved by a one or two family
Sub Total t `r _ dwelling only.
Other —f) YES or NO
GRAND TOTAL �j yJt/ If NO, see appropriate tax clause on page H
of this instrument.
„ Real Properly Tax Service Agency Verification 6' Title Company Information
Dist. Section Block Lot
-16 0o OG 0306 0/003 pan am I N
A -09 /00 0300 Z East dost oac�
e Plain New York 1060'
itia s Title umber
/� -3 y9S�
� U'Y!. - P;% FEE PAID BY:
;;Suffolk
atf
�(�t, Cash Check Charge
Payer same as ff&R(or if differeul)ch , � 0 & � 3 0NAME:
ADDRESS:
RECORD & RETURN TO
(ADDRESS)
County Recording & Endorsement Page
This page forms part of the attached
made by:
(SPECIFY��� kbt Ana�J FY TYP OF INS'IRUMEN7')
V� eC�/ The premises herein is situated in
SUFFOLK COUNTY,NEW YORK. ��JJ
TO In Ure Township of
In the VILLAGE
r
or HAMLET of
EDWARD P.ROMAINE RECORDING OR FILING.
RECORDED JUN 10 1997 CLERK OFSUFFOLK ODUN Y