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HomeMy WebLinkAboutL 11790 P 858 ' .Standard N.Y.BS.U.Furor 800.5-10M 11-88 Excwtnr:s Died—Individual or Corporation (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT — THIS INSTRUMENT SHOULD BE USED BY'LAW ONLY THIS INDENTURE, made the 28th day of August nineteen hundred andv..ninpy—six, BETWEEN ViN, RUSSELL E. MANN, residing at 1775 Calves Neck Road, LII( "IC/0 Southold, New York 11971 as executor of the last will and testament of Florence Thompson , late of Suffolk County (Probate File No. 1774P1988) deceased, party of the first part, and ROBERT F. SPITZENBERG, JR. , residing at 375 Elizabeth Lane, Southold, New York 11971 �DIISTT�RRIIiy'T ( SECTION ��(jBLOCK j all party of the second part, L 11SL15C1Sd l_ t !ll, IJi �_j_j WITNESSETH, that the PAY of the first(Xt, by virtue of the�Iwer and authorit?�iven in and by 9 last will and testament, and in consideration of ----------------------------------------------- FIFTY—EIGHT THOUSAND and 00/100 ($58,000.00) ---------------------------- dollars, paid by the party of the second part, does hereby grant and release nolo the part; of the second part, the heirs ur suecessurs 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 Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point situate South 28 degrees 49 minutes 10 seconds West, 200.0 feet from a monument set at the corner formed by the intersection of the southerly side of Terry Court and the westerly side of Glover Street; RUNNING THENCE from said point or place of beginning along other land now or formerly of Russell E. Mann and Joan A. Mann, and land now or formerly of Akscin, the folowing two (2) courses and distances: 1. South 28 degrees 49 minutes 10 seconds West, 160. 17 feet; 2. South 30 degrees 37 minutes West, 150.07 feet to a monument; THENCE along land now or formerly of Akscin and land now or formerly of Diller, the following two (2) courses and distances: 1. South 42 degrees 49 minutes 50 seconds West, 402.77 feet; 2. North 18 degrees 08 minutes 50 seconds East, 160.58 feet to a point and land now or formerly of Joan A. Mann; THENCE along said land South 64 degrees 41 minutes 30 seconds East, 417.52 feet to the point or place of BEGINNING. TOGETHER WITH the right to use in common with others the 50 foot right of way abutting the premises on the east for ingress and egress and all utilities from the subject premises a distance of 36Q feet to Terry Court and Glover Street. SUBJECT TO Covenants and Restrictions as attached hereto. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated 1/19/96, recorded on 2/5/96 in Liber 11761 cp 141. 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 also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of,whether individ- ually, or by virtue of said will or otherwise; 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 incumbered 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 the day and year first above written. IN PRESENCE OF: Russell E. Mann R RECORDED SEP 5 , ► F.0LXCou COVENANTS AND RESTRICTIONS 11790 PM8 SAID. right of way set forth herein also being described as follows: .TOGETHER WITH the right to use in common with others for ingress, egress, and all utilities the 50 foot right of way located over and on the westerly side of lot 112 as shown on a Minor Subdivision Map for Russell E. and Joan A. Mann, made by Roderick VanTuyl, P.C. , Licensed Land Surveyors, Greenport, New York dated July 9, 1982, last revised July 29, 1983 and approved by the Southold Planning Board on August 10, 1987. 1. No dwelling shall be erected having less !Iran 1500 square feel of interior living area, tach dwelling shall have a basenienl of concrete block or poured cement. As to any attached garage, the entrance sha11 not face the street in the front of the residence. 2. No above-ground swhnmbrg pools shall be erected or maintained on any of file said lots. , 3. All plaits and specifications for construction shall be subject to the approval in writing of[he declaraul, which approval 311;111 1101 be unreasonably withheld. 'There shall be no installation of a "mobile-type" or "modular" home on any Jul. 4. No commercial vehicles, recreational veldcles, trailers, or campers shall be kept in the front of any lot. Any boat stored oil the premises Is to be stored along the rear line of the plot, if not garaged. 5. No nwre than two household pets shall be nna6tained on the prendses by any lot owner. A horse is not deemed to be a household pet and shall not be permilled. • H�maturabr`n►arrmade�-sludfv�..�;..;-o.--.naintained-en-a�r y�- lot in a pss of to feet in iglt. How ver, 110 fences whatsoever iffier led or grow i I" left of w#islr i a i establish by e t a ho n s a line ,e plot. Ila corner to shall or 11 ese pu b ed I o ell sl 7. N till til o re e e ed to tr iasers. Th o r e ri hl 1 dedic le air cot to d title to It timid;as-the-develope"t-Ir "0 t tall-delerntinc. 8. No accumulation of rubbish, garbage, junk or materials of any kind shall be permitted to remain on said ptenrises. No advertising signs, billboards or other sign devices shall be permitted on any of said tite lots, excepting a developer's sign of reasonable dimensions, of a "for sale", "for tell[", or "professional office" sign not larger than 12" x 24". 9. No sand, earth or sod shall be removed from the premises, or excavation be allowed to remail open thereon, except as may be necessary during building construction periods. Individual lot grading shall be completed before occupancy. After construction, lawn and landscaping shell be Installed and maintained (hereafter in an attractive manner. 10. No clothes lines shall be permitted except in the rear yard area. 11. Any of the restrictions, covenants and conditions contained in this Declaration may be modified only by a mIIJOHly of the lot owners of this ndnor subdivision. t.F.lISILITY POOR rVR MICROFILM RECORD EQ. SEP 5 1996 ALERK0F� QO M