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HomeMy WebLinkAboutL 11102 P 448 Standard N.Y.B.T.U.Form 8OW-10M. -Bargain aM Sale I ,with Gov<mnt agai=Grantors Acn lndividual m Gorpontion. f COrurNIZENTURE, R LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BB USED BY LAWYERS ONLY n LI madethe 15th dayof June nineteen hundred and ninety BETWEEN J. LANE CURRY, residing at 13 North Street, Greenwich, Connecticut, 06830, DISTRICT SECTION � �Lcv LOT MELD E DIST. party of the first part,and JOSEPH C. SPITALIERE, residing at 9 Noel Place, 1000 Smithtown, New York, 11787, SECT. 081 .00 EREAL ECE"ED edo BLOCK `ja� .i ES1;1TE 01 .00 16 � 016.003 LOT Party of the second part, FE(JR TAX - WITNESSETH,that the party of the first part,in consideration ofUP•11 V Ten and no/100 ($10 .0o) - - - - - - - - - - - - - - - - - - - dollars, lawful money of the United States, paid by the.party of the second part, does hereby grant and release unto the party of the second part, the heirs or 7, 0 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, lying and being at Bayview, near Southold, in the Town of Southold, County of Suffolk and -State of New York, shown and designated as Lot No. 13 on a certain map entitled, "Map of Section One, Paradise Point at Bayview, " and filed in the Office of the Clerk of the County of Suffolk on April 11, 1963 as Map No. 3761 and a descriptive parcel known as .Lot No. 13A on . a certain map (unfiled) entitled, "Minor. Sub- division made for Paradise Point Corporation, Paradise Point, Southold, NY" which filed map lot and which described piece when taken together are 'more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Robinson Road where the same is . intersected by the easterly side of Lot 13 and the westerly side of an unnumbered lot on the aforesaid filed map No. 3761, said point being distant 238 . 72 feet southwesterly and westerly as measured along the northwesterly and northerly side of Robinson Road from the corner formed by the intersection of the southwesterly side of Briar Lane (not open) and the northwesterly side of Robinson Road; RUNNING THENCE along the northerly side of Robinson Road North 66 de- grees 13 minutes 00 seconds West 150 feet to the division line of Lot 14 and Lot 13 on the aforesaid filed map No. 3761; RUNNING THENCE along said division line North 23 degrees 47 minutes 00 seconds East 150 ,feet; RUNNING THENCE along the division line of Lot 13A and Lot 14A on the unfiled map, also shown as the division line of land now or formerly of Gottlieb, North 7 degrees 31 minutes 50 seconds East 691 . 14 feet more or less to the ordinary high water mark of Town Harbor; THENCE along the ordinary high water mark of Town Harbor, the tie line of South 87 degrees 42 minutes 10 seconds East 95.21 feet to lands now or formerly of Paradise Point Association, Inc. ; RUNNING THENCE along said lands now or formerly of Paradise Point As- sociation, Inc. , South 4 degrees 30 minutes 00 seconds West 771 .69 feet more or less to the northeasterly corner of Lot No. 13 on the aforesaid <filed map No. 3761; �. J RUNNING THENCE along the division line of Lot 13 and the unnumbered lot on the aforesaid filed map No. 3761 South 23 degrees 47 minutes 00 seconds West 120 feet to the northerly side of Robinson Road, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as that conveyed to the Darty of the first part by deed dated July 30. 1984 and recorded in October 29 1984 R E C O R D E D JUL 16 1990 W i0 PL OLEof SUFFOLK A 0"" w - 11102PA49 SUBJECT TO Covenants and Restrictions as follow: PARADISE POINT ESTATES - Covenants and Restrictions 1 . No building or structure shall be erected, altered, placed or permitted to remain on any residential building lot other than one single family dwelling house and a private garage for family use. 2 . No trailers, tents or camping shall be permitted on said prem- ises at any time. 3. No structure or structures, including but not limited to, dwellings, outbuildings and fences, shall be erected or constructed or allowed to remain unless the plans and specifications therefor and the location thereof shall have first been submitted to and approved by the Building Committee of the Paradise Point Corporation, its suc- cessors and assigns, in writing. 4. No trade, craft, business, manufactory, industry, commerce, profession or other commercial enterprise, including hotels, motels, boarding and rooming houses, shall be conducted on the premises, ex- cepting that nothing herein contained shall prevent the Paradise Point Corporation or the Paradise Point Association from erecting, operating and maintaining boat basins, yacht or beach clubs, bath houses and other recreational facilities or permitting others to do so, with or without remuneration. 5. No building, structure or structures on, above or below the surface, other than public utility pipes or lines, shall be erected, constructed or maintained within twenty ( 20) feet from the adjoining property. 6. No fowl, poultry, animals, or livestock, other than domestic household pets, shall be kept on the premises. 7. No outside privies, toilets or waterclosets shall be erected, permitted or maintained upon the premises. An adequate septic tank or cesspool shall be erected and maintained to take care of the sewage disposal at each dwelling and the same shall be of such design and construction as may be approved by the agency or government having jurisdiction thereof. 8. Land owners of a lot within said premises, except Paradise Point Corporation, shall join the Paradise Point Association, Inc. , and maintain membership therein and abide by the rules and regulations of the Paradise Point Association, Inc. , as set forth in the charter and by-laws of such association and as determined from time to time by its governing body. To the extent ,tbYLt the cost of maintenance of the private roads within the aforesaid premises, which are subject to a common right .of .use by the owners of the lots within the ;premises, and the cost 'of maintenance of the Yacht Club and other structures including docks, floats and bulkheads and beach property, of which all the members. of. Paradise Point Association, Inc. have use in common, is not covered `by payments made by the Paradise Point Association, Inc. in any calendar year, each owner of an individual lot on the premises shall be liable pro rata, in accordance with the assessed value of such property for the preceding year, for any deficiency. Provided, how- ever, that any lots owned by Paradise Point Corporation shall be ex- cluded for purposes of such computation and it shall not be assessed for any portion of such deficiency. 9 . The Paradise Point Corporation, its successors and assigns may release, alter, amend and annul all or any of these covenants and restrictions, with the consent in writing of all property owners in the said premises. 10 . THESE COVENANTS AND RESTRICTIONS shall run with the land and shall be construed as real covenants and restrictions attached to and running with the land. Paradise Point Association Inc. In the interest of the Association and its residents it is requested that any property addition or major change be submitted to the zoning committee for suggestions or variance that might be needed . Guide Lines Trade: No trade, craft, business, manufacturing, industry, commerce or profession, hotel, boarding and rooming house shall be conducted on property at Paradise Point. Sewage: hall be erected, RECORDED JUL 16 1990 OLEW:YrOF K 00L WTY ty. An adequate .ty Health Depart- e of ' the sewage disposal on any-development lot. Structure: No structure or structures, including dwellin(T. on1- pools, fences, etc. , shall be erected or constructed on any lot unless the plans, specifications and location thereof shall have first been Q submitted to and approved by the Association of land holders on Para- LM Point. It shall' be' approved''iH writing by the Chairtndii of the Zoning Committee. Side .Line Restriction: No structure or structures on or below the surface other than public utility pipes or lines shall be erected, constructed or main- tained within twenty ( 20) feet from the sides of any lot. t..� An easement above or below the surface may have been granted or may hereinafter be granted for the erection of poles and necessary anchors thereto, lines, mains or conduits for public utility purposes that may hereafter be erected or may be necessary to be erected for proper maintenance of said public utility poles, anchors, lines, mains or conduits . Use of Property: Lots may be used for one single family dwelling house for private residential purposes only with a private garage for family use. No house trailers, mobile homes, tents or camping shall be permitted . All buildings for residential purposes are required to have a habitable floor area of at least 2,400 square feet. Garage doors should wherever possible not face the street. Bulkhead: Bulkhead line shall be in conformity with existing bulkheads in both the lagoon and beach front. Specifications should have the Zoning Committee. approval. Roads and Community Costs: Community Costs as approved by members shall be covered by annual dues . Water: Since Paradise Point is a relatively narrow strip of land depend- ing-on 'rain and snow to replenish its water table, a conservative use of water is desirable . This is particularly true so far as lawn and garden watering are concerned. No property shall have more than two well poin-ts 'and no pop-up sprinkler systems are permitted. .INothe-ing 'over 3/4 horse jet pumps shall be installed for house watering purposes and nothing over 1/2 horse jet pump for irrigation. SUBJECT TO Covenants and Restrictions of Record. 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 line 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. IN PRESENCE OF J LAN . CURRY Chancy Cury Attorney-In-Fact RECORDED JUL 16 1990 `iY� P. , -%­4OLEW aF "FO" oouury