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Home My WebLink AboutL 5032 P 258 Standard N.Y.B.T.U.Form 8007' 5-60-1011—Bargain and bale lleed,with CUvcnaur ayauret Grantor znas-1n01nauu or wqury/t, 1.�'i 'r �V CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUM �fT-THIS INSTRUMENT SHOULD BE USED BUY LAWYERS ONLY LIBERS0�)2 PAGE258 THIS INDENTURE,made the �dayof August nineteen hundred and sixty-one BETWEEN JOHN WICKHAM, residing at Cutchogue, Suffolk County, New York, ! party of the first part, and LEO DIACHUN and ROSE DIACHUN, his wife, residing at Mattituck, Suffolk County, New York, CCA 'ft . d U O Q) party of the second part, WITNESSETH,that the party of the first part, in consideration of One and 00/100---------- ------------------------------------------------------ ($1.00) dollars, lawful money of the United States, and other good and, valuable eonsideratiorpaid 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, vgWLlkxk4WkkvLmldKbMxNmmcukxdtanoax7.odcLvituate, lying and being?mAxx at Cutchogue, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a monument on the northwester#.y line of School House Road, 351.70 feet southwesterly along said northwesterly line from Depot Lane, said point of beginning being the easterly corner of land of Starziak; from said point of beginning running along y said land of Starziak, N. 410 321 50" W. 146.59 feet to a monument and land of Kurczewski; thence along said land of Kurczewski, N. 460 578 30" E. 150.0 feet; thence along other land of theparty C� of the first part, S. 41° 32' 50" E. 146.59 feet to said northwest- erly line of School House Road; thence along said northwesterly line, S. 460 571 30" W- 150.0 feet to the point of beginning. SUBJECT to the following covenants and restrictions: 1. " , That no buildings other than one private dwelling for the use and', occupancy of one family and one private garage shall be erected on. the premises . Any dwelling erected thereon shall cost not 1ess. than, $10,000.00. 2. lThat. the ,premises shall not be used for the.. manufacture or sale of merchandise, or,goods of. any- kind or for' any:" trade..or business. irihatsoever or for the display of any signs.' 3. That no fences or hedges over 4 feet. in height shall be erected .on 1. said premises and" all fences and hedges shall be maintained and' kept in good repair. _ 4. That ,no stables or outside toilets shall be" erected 'on said, premises and that no nuisance shall be created or allowed on '. said premises and no use shall be made thereof which shall be dangerous to the" health of, or offensive to the senses of sight or smell of the party of the first part, his heirs or assigns; as owner of the premises adjoining on, the east and the premises on the northerly side of School . House Road. 5,. That no part of any dwelling` or detached garage shall be erected on 'said premises which shall be within 25 feet of School House Road no within 5 feet of the easterly or westerly boundaries LiBER5032PAGEZ59 of said lot and that no part of any cesspool shall be within 5 feet of ,,the easterly and westerly boundaries of said lot. 6.• That notLmore than 50 chickens and no ducks, turkeys or other fowl or any animals, except dogs or cats for pets, shall be kept on the said premises . Whenever chickens are so kept, they shall, be in proper runs or enclosures . And it is expressly provided that these covenants shall 'run with the land hereby conveyed and shall bind and inure to the benefit of the said ,parties hereto and their heirs, administrators and,',assigns, to whom' any part of ,the lands trade subject` to the above res'tricti'ons shall, any time, belong until January 1, 1967 and that said co'v'enants and restrictions may be •enforced by actions for danages or in- junctions •or both in favor of any or either of said parties or of heir heirs, successors or assigns until the saidlst day of January, 1967 . P ffe�'L7"£ia M7fT,^ (ip�.:r. T. rn'. r.._, nr,i.' nr i' ,,•j ._The p9rtfes "hereto .and their`h6,Irs, administrators ,and assigns hereby .covenarit one 'with the other that' all' restrictions ,hereiri imposed shall apply solely to the premises herein convegpd and that these covenants and restrictions may be modified, changed or released by the party of the first part, his heirs and assigns, and the party of the first part expressly reserving and retaining all restricting rights of neighboring properties now owned or which may be acquired by him R5032 PAGE260 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 all the estate and rights of the party of the first part in and to 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. 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. nn A� IN PRESENCE OF: 011rl ickham LiiiEk�s�lcl� i'.hGE[.IiJL STATE OF NEW Y TY OF SUFFOLK SS: STATE OF NEW YORK, COUNTY OF SS: On the 4 ay of August 19 61,before me On the day of 19 before me personally cAme JOHN WICKHAM personally came to me known to be the ' dividual described in and who to me known to be the individual described in and who executed the foregoin instrument, and ackno ledged that executed the foregoing instrument, and acknowledged that they executed the e. executed the same. NUTARYPUI:I.ii.51.. 1:OF;JEW YORK No. 52-4259000 Qualified is Suffolk Cairn+v Term expires March 30, 1917'* - - - STATE OF NEW YORK, COUNTY OFNEW YOCOUNTY SS: STATE,OFRK. OF 55:. . . .. ........ .... � .:+ ' On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 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