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HomeMy WebLinkAboutL 5733 P 447 'T � LIBER5733 MAVTHIS INDENTURE, made the day of `/ ' 1965, between t3 Ln Lena F. Howell, residing at 181 Cleveland Avenue, Min sole, New York, widow of Leone D. Hewell, deceased, and Mary A. Milligan, residing at 76 Denhoft Avenue, ,s Freeport, New York, as Executrix and Trustee of the Lest Will and Testament of m Leone D. Howell, deceased, late of Mineola, Nassau County, New York, whose Last Will and Testament was duly admitted to probate by the Surrogate's Court of Nassau County on May 26, 1960, party of the first part, and Mary A. Milligan and J. Elizabeth Milligan, both residing at76 Denhoff Avenue, Freeport, New York, parties of the second part, WITNESSETH, that the parties of the first part, in consideration of the sum of One ($1) Dollar, lawful money of the United States, to them in hand paid by the parties of the second part, do hereby grant and release unto the parties of the second part, their heirs and assigns forever, ALL that certain plot, piece or parcel of land with the buildings thereon erected, situate, lying and being at Mattituck in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:- BEGINNING at a monument on the southerly side of a certain right of way (30 feet wide.) distant 210.58 feet on a course of south 76 degrees 35 minutes 40 seconds west, measured along the southerly side of said right of way, from the northwesterly corner of certain lands conveyed to Fred M. Jones by deed dated December 15th, 1927; RUNNING THENCE south 8 degrees 08 minutes 00 seconds west, through a monument, 235 feet more or less to the'ordinary high water mark of Great Peconic Bay; THENCE westerly along said ordinary high water mark of Great Peconic Bay, 70 feet more or less to land new or formerly of Millicent Tufano at a point where same is intersected,by a line drawn south 7 degrees 33 minutes 20 seconds west, from a monument on the southerly side of said right of way, which monument is distant 70 feet westerly from the point of beginning when measured along the southerly side of said right of way on a bearing of south 76 degrees 35 minutes 40 seconds west; THENCE north 7 degrees 33 minutes 20 seconds Past, along said land, 240 feet more or less to a monument on the southerly side of said right of way; 21D RUNNING THENCE north 76 degrees 35 minutes 40 seconds east along said right of way, 70 feet to the monument at the point or place of BEGINNING. L BER5 3i AGE 448 J� BEING a part of the premises conveyed by deed of Mabel Hollister 6 �Iioughton dated November 17, 1925 and recorded in the office of the Clerk of uffolk County, January 11, 1926 in Liber 1164 of Deeds at page 180. TOGETHER with a right of way over a strip of land 30 feet wide lying just north of the lot herein conveyed, the southerly line of which right of way extends from the northwest corner of the lot herein conveyed on a course north 76 degrees 35 minutes 40 seconds east to the northwesterly corner of land conveyed to Fred M. Jones by deed dated December 15th, 1927; THENCE continuing on a course north 70 degrees 0 minutes east to the northeasterly corner of land conveyed to Bryant S. Conklin by Deed dated April 15th, 1926, and then at which point said right of way connects with another right of way, 25 feet wide, running northerly to New Suffolk Avenue; The last mentioned right of way was established by an agreement dated November 25th, 1906 between George B. Reeve, Florence B. Reeve and Phebe M. Hollister and recorded September 5th, 1907 in the Wfice of the Clerk of Suffolk County in Libor 629 of Deeds at page 168. The parties of the first part succeeding to the rights of the late Phebe M. Hollister thereunder through her daughter Mabel Hollister Houghton. The right of the parties of the second part to pass and repass over said last mentioned right of way is limited to that portion from New Suffolk Avenue to the southerly line of the first mentioned east and west right of way and does not include any rights on that part lying from the South line of the east and west right of way to the waters of Peconic Bay. TOGETHER with the appurtenances and all the estate and rights of the parties of the. first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, their heirs and assigns 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 considers tion 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 costs of the improvement and will apply the same first to the payment of the cost of the im- provement before using any part of the total of the same for any other purpose. The parties of the second part, for themselves, their heirs, successors or assigns, hereby covenant to and with the parties d the first part, their successors and assigns, that they will not erect or permit or cause to be erected on the above described premises, any outside toilet. That no building, including porch line, shall be, erected within twenty feet from the bulkhead line along the northerly side of Poconic Bay, This covenant shall be construed as a covenant running with the land and binding upon the parties of the second part, their heirs, successors and assigns. AND said parties of the first part covenant as follows: First: That said parties of the first part are seized of said premises in fee simple and have good right to convey,the same. Second: That the parties of the second part shall quietly enjoy the said premises. Third: That said premises are free from incumbrances. -2- LIBER5733 PAG 449 Fourth: That the parties of the first part will execute or procure any further necessary assurance of the title to said premises. Fifth: That said parties of the first part will forever warrant the title to said premises. This deed is given for the purpose of confirming title to the above described premises in the parties of the second pert. Leone D. Howell and Lena F. Howell, his wife, having previously conveyed said premises to Elmer D. Ruland and Anna C. Ruland, his wife, by deed dated February 15, 1928, and recorded on the 9th day of April, 1928 in Liber 1341 OF 90, and by deed to the parties of the second part dated the 6th day of May, 1959, and recorded on the 15th day of May, 1959 in Liber 4626 CP 577, which deeds contained an erroneous or vague description. This deed is further given to correct descriptions contained in each of the 2 said deeds and the correction deed dated the 30th day of December, 1964, by the parties of the first part to Elmer D. Ruland and Anna C. Ruland, his wife, and recorded on the 11th day of January, 1965 in Liber 5683 CP 253. IN WITNESS WHEREOF, the parties of the first pert have hereunto set their hands and seals the day and year first above written. Lena F. Howell C( . Mary A. I1l igen as Ekix and Trustee under the Last Will and Testament of Leone D. Howell, deceased. STATE OF NEW YORK ; SS COUNTY OF NASSAU / On this 'Xray of , 1965, before me, personally came Lena F. Howell and Mary A. Milli n, to me known and (mown to me to be the same persons described in and who executed the within instrument and they severally acknowledged to me that they executed the s R E C O R D D LEON MAWNotaryPublic --� Fmlaff rMLIC.St..a N.vcdR Na. 30 2620025 APR 2212G'. o�osaoa m Nmeau comnrr e a 2 L,N-,1 Co00 ,a NORMAN E. KL P _Clerk N SugalA