HomeMy WebLinkAboutL 11686 P 352 DISTRICT SECTIO-N-�� rnBLOCK LO�T0 12 17 21 20
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THIS DEED OF TRUST
MADE this -10— day of , 1994 , by and
between
It A/
CONSTANCE L. COOPER of Fairfax, Virginia, hereinafter
�q referred to as Grantor, and
CONSTANCE L. COOPER of Fairfax, Virginia, or her
successor, as Co-trustee, and BERTRAM C. COOPER III of
Fairfax, Virginia, or his successor, as Co-trustee, neither
of whom may act alone and both of whom shall be required to
act, together hereinafter referred to as Trustee,
WHEREAS the Grantor is owner of a one-third undivided
mshare in certain real property passing in ce or by
gift, devise, bequest under the will o Clara E. Lang,
v �(�
deceased, as admitted to probate on Jan 24 , 1994 n
Surrogate's Court, Suffolk County, New York, an
WHEREAS the Grantor has been vexed, harassed and
annoyed by wrongful detainer and a sundry of property
'-t defamations, property trespasses and communication failures
by her co-owners and/or the children and agents of her co-
1 0 owners, and the Grantor regrettably observes no change in
the motivations or behaviors of her co-owners, and the
[� Grantor regrettably foresees only additional vexation,
3E harassment and annoyance by her co-owners, and
WHEREAS the Grantor has declared and formed the
C stance L. Cooper Revocable Trust dated July 11, 1994 , as
may bd
WHEREAS the Grantor_Antends by this Deed of Trust to
declare and form a separate trust,
O
NOW THEREFORE WITNESSETH that the Grantor, in
consideration of TEN and NO1100 Dollars lawful money of the
United States, and other valuable consideration, does hereby
quitclaim, grant and convey in trust to the Trustee, and its
successors,
l � A ONE-THIRD UNDIVIDED SHARE in all title, interest,
V ` right and estate, future or present, vested or contingent,
in lands, tenements and hereditaments situate, lying and
a43 being at Southold, in the Town of Southold, County of
Suffolk and State of New York as described in the attached
SCHEDULE A,
N TOGETHER with all title, interest, right and estate,
So present or future, vested or contingent, in lands, tenements
land hereditaments, if any, of the party of the first part in
the illegally subdivided nonconforming land donated by Clara
E. Lang at age eighty-one to Mary Lang Baiz and John Baiz,
her husband, and/or the illegally subdivided land conveyed
by Clara Batterman Lang (also known as Clara E. Lang) at age
eighty-three to Robert Lang Baiz and Nancy Miller Baiz, his
wife,
TOGETHER with all buildings, structures, madeland and
other improvements erected or maintained thereon,
TOGETHER with all title, interest, right and estate, if
any, of the party of the first part in and to any streets
and roads abutting the above land to the centerline thereof,
TOGETHER with all title, interest, right and estate,
present or future, vested or contingent, if any, relating to
the premises herein and accruing to the party of the first
part, including without limitation such title, interest,
right and estate as may accrue by estoppel, limitation or
necessity, or by reformation of deeds or declaratory
judgments, or by action, quit cr award Brom any parties
initiating, facilitating or perpetuating any fraud, undue
influence or malpractice in respect of the premises,
SUBJECT TO valid debts and liens of the estate of Clara
E. Lang, if any,
TO HOLD, administer and dispose of the premises herein
in trust for the use and benefit of CONSTANCE L. COOPER of
Fairfax, Virginia, hereinafter referred to as Beneficiary,
during the lifetime of the Grantor in accordance with the
terms of the ten provisions which follow:
FIRST, that the purpose of this trust shall be to
provide for the management, defense and/or acceleration of
the Beneficiary's interest in the premises herein; and
SECOND, that any rents or other income from the
premises herein received by the Trustee shall be paid over
to the Beneficiary when received; and
THIRD, that the Trustee shall have prepared any
property surveys, inventories, assessments, appraisals,
plans of development, plats of subdivision, plats of
partition, legal descriptions, opinions .of title, statements
of environmental and archeological assessment and/or
memorandums of legal research as the Trustee in the exercise
of uncontrolled discretion shall deem appropriate, and the
Trustee shall do any other act or thing in furtherance of
any purpose of this trust, including the initiation,
maintenance, compromise, settlement or abandonment of any
litigation related thereto as the Trustee in the exercise
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of uncontrolled discretion shall deem appropriate; and
FOURTH, that the Grantor hereby confers, grants and
gives to the Trustee, and its successors, (but not to any
Co-trustee acting alone) all the fiducial powers enumerated
in Article 11 of the Estates, Powers and Trust Laws of New
York; and
FIFTH, that the Trustee and each Co-trustee serving
hereunder shall be held to such standard of care as is
appropriate for the purpose of its and his or her act, and
the Trustee and each Co-trustee serving hereunder shall be
entitled to reasonable compensation and shall be not
required to furnish security or bond or to account, and the
Grantor agrees to indemnify the Trustee and each Co-trustee
for appropriate taxes, assessments, levies, costs, fees and
liabilities which may come due or arise as a result of the
administration of this trust, including those arising from
litigation, and the Grantor agrees to reimburse the Trustee
and each Co-trustee on demand for any such sums paid by the
Trustee, and each Cc-trustee agrees to provide thirty (30)
days advance notice of his or her resignation to the Grantor
and his or her remaining Co-trustee or Co-trustees; and
SIXTH, that in the event of the death, disability,
resignation, or removal of a Co-trustee, then an individual
or other qualified fiducial entity shall be appointed to
serve as successor Co-trustee by the Grantor, or in the
event of the disability of the Grantor, by the surviving Co-
trustee; and
SEVENTH, that on the death or disability of the
Grantor, or, at such time as the premises herein has been
sold and the proceeds of- sale distributed, or, at any time
as the Trustee in the exercise of uncontrolled discretion
shall elect, or, at any time as the Grantor in the exercise
of this reserved power shall direct, whichever shall occur
first, then every title, interest, right and estate held in
trust and all the duties, powers, discretions and immunities
herein granted, conferred and imposed upon the Trustee shall
be transferred, assigned and given in trust to the trustee
of the said Constance L. Cooper Revocable Trust and the
premises herein shall be merged with the said Constance L.
Cooper Revocable Trust, and the trust or this Deed of Trust
shall be terminated; and
EIGHTH, that in the event that under the terms of
provision SEVENTH above, the trustee of the Constance L.
Cooper Revocable Trust shall for any reason not accept the
powers, duties and premises herein into trust, then the
trust of this Deed of Trust shall be terminated and the
Trustee shall pay over and transfer absolutely and forever
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SCHEDULE A
Description of the land of
CONSTANCE L. COOPER, MARY L. BAIZ and ROBERT LANG, Jr.
Southold, New York. 7UW OF
Being all the real property or interest real property
owned by CLARA E. LANG, deceased, located at Southold, Suffolk
County, New York, passing to CONSTANCE L. COOPER, MARY L. BAIZ
and ROBERT LANG, Jr. in equal shares, by inheritance or gift,
devise or bequest under the Last Will and Testament of Clara E.
Lang as duly admitted to probate by the Surrogate's Court of
Suffolk County, New York, on January 24 , 1994, bounded and
described as follows:
Beginning at the point of intersection of the southerly line
of Main Road, a road maintained by the State of New York, with
the westerly line of Bay Home Road, a road maintained by the Town
of Southold, said point being the northeast corner to the subject
land;
thence, running along said westerly line of Bay Home Road
South 370 16' 00" East�,728. 89 /feet to the northeast corner to
the illegally subdivided,non,nforming land conveyed by Clara
Batterman Lang (also known as Clara E. Lang) at age eighty-three
to Robert Lang Baiz and Nancy Miller Baiz, and by subsequent
release of Nancy Miller Baiz, hereinafter Robert Lang Baiz; the
deed conveying said illegally subdivided nonconforming land from
Clara Batterman Lang to Robert Lang Baiz being executed,
delivered, recorded and mapped in violation of the subdivision
ordinance then in effect for failure by the grantee, as owner's
agent, to file the required subdivision application, and the said
illegally subdivided nonconforming land being nonconforming as to
the bulk and area requirements of its current zoning district;
thence, leaving the said westerly line of Bay Home Road and
running along said illegally subdivided nonconforming land of
Robert Lang Baiz South 520 44 ' 00" West 192 . 00 `&get to the
northwest corner to the said illegally subdivided nonconforming
land of Robert Lang Baiz ;
thence,;-continuing along the said illegally subdivided
nonconforming 1aa,nd of Robert Lang Baiz and running along the
grandfathe ed nonconforming land of Mary Lang Baiz South 370 16'
0011 East 309.0,9 feet to the southwest corner to the said
grandfathe onconforming land of Mary Lang Baiz;
thence, continuing along the said grandfathered
nVnorming land of Mary Lang Baiz North 52 " 44 ' 00" East
8eet to a point in the southerly line of the said
thered nonconforming land of Mary Lang Baiz, said point
being the northwest corner to the illegally subdivided
nonconforming land conveyed by Clara E. Lang at age eighty-one to
Mary Lang Baiz and John Baiz, her husband, and by his subsequent
passing on May 19, 1984 , hereinafter Mary Lang Baiz ; the said
conveyance being a donation intended to create a view-lot to
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protect the view of Southold Bay from the dwelling on said
grandfathered nonconforming land of Mary Lang Baiz, said donation
being for nominal and not for-value consideration; the deed
conveying said illegally subdivided nonconforming land from Clara
E. Lang to Mary L. Baiz being executed, delivered, recorded and
mapped in violation of both the zoning and subdivision ordinances
then in effect, the violation of the subdivision ordinance
occurring for failure of the donee, as owner's agent, to file the
then required subdivision application, and the violation of the
zoning ordinance occurring for failure of the land to comply with
the bulk and area regulations for the A-Residential zoning
district then in effect by gross deficiency in the required lot
depth and required net lot area; the said illegally subdivided
nonconforming land also being nonconforming as to the bulk and
area regulations of its zoning district on May 19, 1984 , and the
said illegally subdivided nonconforming land adjoining and being
contiguous with the said grandfathered nonconforming land of the
same Mary Lang Baiz on that date, the two adjoining nonconforming
lands being in one and the same ownership. on that date having
then merged by operation of law, the merged parcel hereinafter
referred to as the nonconforming merged land of Mary Lang Baiz;
the said illegally subdivided and nonconforming conveyance being
intentionally, prominently, explicitly, specifically and
meaningfully delimited and described by the donor and accepted by
the donee as the donor's vacant land, and not more particularly
described by a malformed metes and bounds which, aside from not
closing until later corrected and not stating an area, did not
encompass vacant land but erroneously encompassed both vacant
land and occupied land, said occupied land being related to the
personal safety of the donor, her guests and her successor
occupants, to the subsequent zoning compliance of the donor's
remaining parcel, and to the subsequent habitability,
insurability and marketability of the donor's dwelling and her
remaining real property;
thence, continuing along said nonconforming merged land of
Mary Lang Baiz and along said illegally subdivided nonconforming
vacant land donated by Clara E. Lang to Mary Lang Baiz South 370
16' 0011 East 190. 00 feet to a point in the line of the land
occupied by various uses and improvements of Clara E. Lang, said
point being the southwest corner to the said nonconforming merged
land of Mary Lang Baiz and the southwest corner to the said
illegally subdivided nonconforming vacant land donated by Clara
E. Lang to Mary Lang Baiz ; said uses and improvements including
without limitation, from north to south and not in order of
importance, (a) a stonebed driveway providing twenty-four hour
access to the said Bay Home Road for emergency fire and police
protection, the severance of which from the then eighty-one year
old donor would have rendered her dwelling inaccessible by fire
emergency vehicles and severed their point of connection to fire
hydrants, thereby endangering the personal safety of the donor,
her guests and successors, and subsequently putting the donor in
violation of the access requirements of the zoning ordinance and
engaging the donor in fraud in the acquisition of fire insurance,
said stonebed driveway being under private maintenance of the
donor for reasons of personal safety, insurability, zoning
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�?ell,
compliance and beneficial circulation, and not protected by an
easement, (b) a fenced enclosure exclusively occupied by the
donor, (c) an overhead electric service lateral and supporting
poles providing electricity to the donor, (d) an overhead
telephone service lateral providing telephone services to the
donor, (e) an underground water service lateral providing
domestic water service to the donor, said electric, telephone and
domestic water service laterals relating to the personal safety
of the donor and being under private maintenance of the donor and
not public maintenance, and not protected by easements, (f) a 10
foot by 16 foot log-cabin style accessory building on a concrete
slab used as a bath house for the guests of the donor and
providing storage for the personal property of the donor and her
guests, the final call of said malformed metes and bounds passing
directly through the middle of said accessory building in
violation of the bulk requirements of the zoning ordinance for
failure to provide required setbacks for an accessory structure,
(g) a concrete seawall and a seagrass buffer area, said seagrass
buffer area being a madeland improvement that the seawall
creates, defines and supports, the said concrete seawall
combining with the said seagrass buffer area to form a single use
and improvement designed, built, maintained and controlled by the
donor so as to protect her remaining real property from storm and
erosion damage, and (h) a treated-wood bulkhead and jetty and a
sandy beach, said sandy beach being a madeland improvement that
the bulkhead and jetty create, define and support, the said
bulkhead and jetty combining with the said sandy beach to form a
single use and improvement designed, built, maintained and
controlled by the donor so as to protect her remaining real
property from storm and erosion damage, and to preserve her
enjoyment of an emotionally nourishing site feature which
encouraged her grandchildren and great-grandchildren to visit and
play, and to preserve her financial serenity by retaining control
over the liquidity of her remaining real property; the aforesaid
uses and structural and madeland improvements on the occupied
lands of the donor being intEntionally, prominently, explicitly,
specifically and meaningfully redacted from the conveyance by the
donor so as to amplify and confirm her limitation of the donation
to vacant land, and to prevent any future reader of the deed from
electing to ignore the prominent, explicit and specific
limitation of her deed; said specific and meaningful limitation
and redaction being accepted by the donee; during the remaining
competent life of the donor, if any, the aforesaid uses and
improvements, including those relating to the subsequent fire
safety, insurability and habitability of her dwelling, and to her
personal safety, emotional serenity, financial liquidity, and to
her avoidance of zoning violation and insurance fraud, being
asserted by the donor as by her right, the said aforesaid uses
and improvements being continuously maintained by the donor, and
the lands of said uses and improvements being continuously
occupied by the donor; and during the remaining competent life
of the donor, if any, the said lands occupied by the aforesaid
uses, improvements and site features of the donor not being
entered upon or exclusively used or maintained by the donee;
thence, continuing with the said nonconforming merged land
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11686K352
of Mary Lang Baiz, and running along a line dividing the said
illegally subdivided nonconforming vacant land donated by Clara
. E. Lang to Mary Lang Baiz and the said land occupied by the
aforesaid us nd improvements of Clara E. Lang North 320 45'
0011 East {{117 . 00 eet to a point in the aforesaid westerly line
of Bay Hom , said point being the southeast corner to the
said nonconforming merged land of Mary Lang Baiz and the
southeast corner to the said illegally subdivided nonconforming
vacant land donated by Clara E. Lang to Mary Lang Baiz ;
thence, leaving the said nonconforming merged land of Mary
Lang Baiz and leaving the said illegally subdivided nonconforming
vacant land donated by Clara E. Lang to Mary Lang Baiz , and
running alpfi� aid westerly line of Bay Home Road South 37 ° 16'
00" East 35 felt more or less to a point in the ordinary high
water mark 'Southold Bay, said point being the southwest corner
to the said Bay Home Road;
thence, leaving said westerly line of Bay Home Road and
running along aid ordinary high water mark of Southold Bay
southwesterly/ feet more or less to a point being the
intersection { f the ordinary high water mark of Southold Bay with
the easterly edge of the aforesaid treated-wood bulkhead and
jetty;
thence, continuing along said ordinary high water mark of
Southold Bay and running along the said easterly edge of the said
treated-wood bulkhead and jetty southerly . 50 feet more or less to
a point being the intersection of the ordinary high water mark of
Southold Bay on the westerly side of said treated-wood bulkhead
and jetty extended easterly to the said easterly edge of the said
treated-wood bulkhead and jetty;
thence, leaving the said easterly edge of the aforesaid
treated-wood bulk,�ead and jetty and continuing along the
variations of A' o dinary high water mark of Southold Bay
southwesterly, 580 f t more or less to a point in the said
ordinary hig Ovate mark of Southold Bay, said point being the
southeast cor o the land of Grace R. Lewis;
thence leaying the said ordinary high water mark of Southold
Bay and running along the said land of Grace R. Lewis North 440
11' 0011 East ' 164G� feet more or less to a point in the aforesaid
southerly line'of/Main Road, said point being the northeast
corner to the s land of Grace R. Lewis;
thence leaving said land of Grace R. Lewis and running a ong
said southerly line of Main Road North 57 ° 10' 5011 East 81. 61
feet to a point in the said southerly line of Main Road, slid
point being an angle point in the said southerly line of Mai'it
Road;
thence continuingsaid southerly line of Main Road
North 58° 03 ' 1011 East193: eet to the point of beginning,
containing 22 . 2 acr4s mere or less.
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