HomeMy WebLinkAboutL 7510 P 294 � Standard N.Y.B:f.U. Form 8007—IOM -Bargain and Sale Decd,with Govmant against Granror'a Acte—Individual or Cogwration.
CONSULT YOUR LAWYERBEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY
THIS7INI3EIV4manethel3th dayofoctober nineteen hundred and seventy-three
BETWEEN
MARY H. LOCKWOOD, residing at (no number) Old Harbor Road, New
Suffolk, New York 11956
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party of the first part,and
JEAN ARLEY, residing at (no number) New Suffolk Avenue, New Suffolk, New
York 11956
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r„ party of the second part,
WITNESSETH, that the party of the first part, in consideration of
Ten ($10.00) -------------------------------------------------- dollars,
lawful money of the United States, and other good and 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,
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lying and beingixt*II:x at Cutchogue, in the Town of Southold, County of Suffolk
and State of New York, more particularly bounded and described as
follows :
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BEGINNING at a point on the southerly line of a 15 foot right of way
described in an agreement between Clifford T. Case and others dated
June 16th, 1955 and recorded in the Suffolk County Clerk ' s Office on
June 27th, 1955 in Liber 3914 of deeds page 379, which point of
beginning is distant 220.27 feet northwesterly as measured along the
southerly side of said 15 foot right of way from the southwesterly line
of New Suffolk Avenue ; said point of beginning also being at the north-
westerly corner of land formerly of Basil Filardi, Jr. ; running thence '
from said point of beginning along said land formerly of Filardi South'
3 degrees 50 minutes 50 seconds West a distance of 208. 65 feet to the
ordinary high water mark of Great Peconic Bay; thence in a northwesterly
direction along the ordinary high water mark of Great Peconic Bay
(the tie line being North 62 degrees 07 minutes We'St 109.87 feet) to
land of Clifford Case Estate; thence along land of Clifford Case Estate
North 7 degrees 45 minutes 40 seconds East 184 feet to the southerly
line of said 15 foot right of way; thence along the southerly line of
said 15 foot right of way South 73 degrees 31 minutes 40 seconds East
89.95 feet to the point or place of BEGINNING.
TOGETHER WITH a right of way (in common with others) for passage on
foot and with vehicles, and together with an easement (in common with
others) for the installation, repair, maintenance and replacement of
public utility lines, conduits and mains as set forth in Agreement
recorded in Liber 3914 cp 379, which was described therein as follows :
ALL that certain tract, piece or parcel of land situate, lying and
being at New Suffolk, in the Town of Southold, County of Suffolk and
State of New York, bounded and described as follows :
REAL-ESTATE `,,-P- STATE Of * ( continued )
TRANSFER TAXr4�gFj' ) NL•NEW YOyR�{Y,
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The westerly and southerly line of said 15 foot rigBpjR7PjQ,, Fg2 n5
at a concrete monument set on the southerly line of New Suffolk Avenue
at the northeasterly corner of land of Wm. H. Stiles and runs along
said land two courses, as follows: (1) South 380 25 ' West 182. 3 feet,-
thence
eet;thence (2) South 450 00 ' West 113. 3 feet; thence across land of Ruth
Case, South 220 21 ' 30" East 56. 94 feet; thence across land of Ruth
Case, land of Annie Beebe Estate and land of Clifford Case South 730 31 '
40 " East 429.80 feet to land of Corinne Case ; thence along said land of
Corinne Case, two courses, as follows: (1) South 57° 24 ' East 38.93
( feet; thence (2) South 73° 24 ' 10" East 90 .0 feet; thence across other
land of said Corinne Case South 730 24 ' 10" East 91. 34 feet to a point
on the southwesterly line of New Suffolk Avenue -14. 52 feet southeasterly
from the northwesterly terminus of that course of said line which runs
continued below)
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{� TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
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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
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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.
South 43° 29 ' 20" East. The easterly and northerly line of said right of
way is 15 feet easterly and northerly from the above described westerly
and southerly line, according to survey of Roderick Van Tuyl, P.C. ,
dated October 1, 1973, a copy of which is attached hereto and made a
part hereof.
And the parties hereto do further agree that said right of way shall
include the right of passage on foot and with vehicles over, upon and
across said property above described. Together with an easement for
�j the installation, repair, maintenance and replacement of public utility
lines (including water, gas and electricity) conduits and mains, upon
the surface, below the surface and above the surface of said right of
way in such manner as to not interfere with passage on foot and with
I vehicles, including the right to the maintenance, repair and replacement
II of the existing water main.
j, SUBJECT TO THE FOLLOWING COVENANTS AND RESTRICTIONS :
1. That not more than one (1) dwelling house shall be erected on the
premises herein conveyed and shall not be in excess of a one family
j dwelling.
j 2. The 'said premises shall be used for residential purposes only. That
neither the party of the second part nor her heirs, distributees or
assigns, shall or will manufacture, or sell or cause or permit to be
sold, on any portion of the premises hereby conveyed, any goods or
• j merchandise of any kind, and shall not carry on, or permit to be carried
on, on any part of said premises, .any trade, business or profession
whatsoever, or any boarding house, asylum or hospital.
j� 3. The foregoing covenants and restrictions shall be and are hereby
declared to be covenants attached to and running with the land, but
ii said covenants and restrictions shall cease and expire on January 1,
2000 .
4. The covenants and restrictions herein imposed shall apply solely to
the premises herein conveyed and these covenants and restrictions may
( continued on rider )
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 m
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
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the same first to the payment of the cost of the improvement before using any part of the total of the same for
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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 CM
written.
IN PRESENCE OF:
Mar�Lockwood
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Et' ORDE
Q 4CT L973
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LIBER 1510 PAGE 2- 1
RIDER to be attached to deed dated October 13, 1973, made by
i! Mary H. Lockwood to Jean Arley:
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be modified, changed or released by the party of the first
gpart, her heirs and assigns, with the consent of the owners
of the premises for the time being, the party of the first
part reserving and retaining all restriction rights of
neighboring properties, now owned or which may be acquired
by her.
"the
WITH all the right, title and interest, if any, of
'the party of the first part in and to the waters and lands
li under the waters of Peconic Bay in front of and abutting
said premises.
i) BEING AND INTENDED TO BE the same premises conveyed by Marion
�? T. Case to Mary H. Lockwood by deed dated October 23, 1957
1 and recorded in the Suffolk County Clerk ' s Office on October
23, 1957 in Liber 4381 at page 327 .
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