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Deed BK: 692 PG: 498 04/30/1987 DEED Smage: 1 of 4 .THIS INDENTURE, Made this 29th day of April 1987, BE'T'WEEN JCUN A. YASON, residing at �O Horaoon Avenue, ens Neva York 12801, party of the first gartandP� � Ul `a RICHARD A. MAST residang at 0 8 Inaii Yagoshsmi Ci 892, Ja ,oaa T _ party of the second pant, ;r,GE" � " AkO CX°AWNED c WITNESSETH, that the party of the first part,d�ln �aeisia` e°;'tion of ONE ($1.00) DOLLAR, lawful money of the United States, and other goo ,!,.and valuable consideration, paid by the party of the Second par° ', does hereby grant and ieiease unto .the party of the second part, his heirs, successors or assigns, ALL THAT CERTAIN P18C'E OR PARCEL OF LAND, situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly described as Lot. No. 10 , as shown on a map entitled '"Site Plan of Taknndewide7—Inc.", prepared, by VanDusen and ateves, T,icensed Surveyors, dated December 29, 1983, and last revised September 15, 1984, which map was filed in the Warren County Clerk's Office on November 28, 1984. TOGGE'THER, with a non-exclusive right-of-way and easement in common with others over the roads as drawn on the aforesaid map for ingress and egress to the premises conveyed herein, and additionally for access to the Common Areas shown on said map, which are defined as all real property shown on the map of Takundewide filed in the warren County Clerk's Office on November 28, 1984, excepting. therefrom 'Parcels 1 through 32 inclusive, all as are shown on said map. This non-exclusive easement is subject to its exercise by the Grantee in accordance with the Conditions, Restrictions and Covenants hereinafter set forth. SUBJECT to the condition that the Grantee herein, his heirs, successors ,and assigns, shall contribute 3.125% of the annual cost of taxes, insurance, maintenance, and other expenses relating to said Common Areas to 'Takundewide Homeowners Association, Inc. The above described non-exclusive rights-of--way and easements over the roads and Commcn Areas shall automatically be extinguished s upon the conveyance of the fee to the Common Areas and roadways to an incorporated association of lot owners, of and when said / association is formed, which association shall be open to all lot owners within the premises shown on said map. EXCEPTING AND RESERVING to the Granters a pedestrian and vehicular easement over all roadways shown on said map and in and to the use of the Common Areas as shown on said map and for the location of water lines and sewage disposal areas. EXCEPTING AND RESERVING to the Grantor the right to grant the usual electric and telephone easements to Niagara Mohawk Power Corporation and the New York Telephone Company, to erect, maintain, replace, repair, and operate lines consisting of poles, conduits, guys, guy stubs, cross-arms, wires and appurtenances for the distribution of electricity and messages below, above or beyond the lands to be conveyed. { EXCEPTING AND RESERVING a non-exclusive easement and right-of- way over all the property conveyed herein, as well as the Common Ureas as shown on the aforesaid map for purposes of installing, maintaining and repairing water and sewer lines for connection to the existing water and sewer system presently located upon the premises shown on said map and .any future water and sewer systems required by the appropriate municipal authorities. BK: 692 PG: 498 04/30/1987 ©EE© Image: 2 of 4 .. 0. EXCEPTING AND RESERVING an easement to the Grantor, its successors and assigns, over all Common Areas to perform the duties of maintenance and repair the Common Areas, and to maintain any ; utilities for which an easement has been granted and/or reserved, -' and, to prevent damage to any of the Common Areas and/or any other M residence. SUBJECT to the provisions of a certain Declaration of Covenants, Conditions and Restrictions filed in the warren County Clerk's Office on March 22, 1985. The aforementioned premises shall be sold, transferred, conveyed and held subject to the conditions, restrictions and covenants hereinafter set forth, which are hereby declared to be for the benefit of all of the owners of premises and the benefit and burden thereof shall run with the land and be binding upon and inure to the benefit of each and every owner thereof, or of any portion thereof, his heirs, successors or assigns. 1. The use of the Common Areas as shown on a map entitled "Site Plan of Takundewide, Inc.", prepared by VanDusen & Steves, Licensed Land Surveyors, dated December 29, 1983, and last revised September 15, 1984, which map was filed in the warren County Clerk's Office on Nvoember 28, 1984, shall be for access to the roadways shown on the aforementioned map, access to the shore of Lake George, access to the dock areas, access to the beach areas and for general recreational purposes. Any Grantee may delegate his right of enjoyment to the Common Areas and facilities to the members of his family, his tenants,.and/or guests who reside on the premises. 2. Said lot shall be used for single-family residential purposes only and no structure shall be erected, altered, placed or permitted on any lot other than one ill single-family residence, ,.^ whether year-round or seasonal in nature.* 3. That no mercantile, manufacturing, mechanical, commercial ortrading business, or business establishment of any nature, shall be maintained on said lots, nor shall any noxious or offensive activity be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.** 4. That no structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be used on any lot, at any time, as a residence, either temporarily or permanently, and no trailers, including boat trailers, of any description shall be. parked on any lot at any time, 5. That no lot shall be further subdivided nor shall any portion of any of said lots other than the whole thereof be conveyed. 6. That no lot shall be used or maintained as a dumping ground for rubbish. Trash, junk, garbage, or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and concealed frcm general view. No incinerators.shall be permitted. Each lot owner shall, at all times, keep his property free and clear of all rubbish and do all other things necessary or desirable to keep the premises newt and in good order. , Nothing herein contained shall prevent the continued existence or replacement of the two-family home currently located upon Lot 32.. �* Nothing herein contained shall prevent the utilisation of Lot No. 32 as a site manager or rental agent's office together with the storage of maintenance required equipment. Upon the failure of any BSC: 692 PG: 498 04/30/1987 DEED Image: 3 of 4 lot owner to conform to these requirements, the Grantor, its agents, successors or assigns, shall have the right at any time to enter upon the property and remove rubbish and do anything necessary to put the premises in a neat and orderly condition, and all of the expenses thereof shall become due and payable,by the lot owner within five (5) days after written demand therefor. r P , >� 7. That no trees shall be cut dawn or removed from any lot Q� without the express written consent of the Grantor, its agents, rn successors or assigns. B. Assigns, as used within these covenants and restrictions, shall not be deemed to include individual lot owners, except the Grantor may assign its rights hereunder to an incorporated { association of lot owners. i 9. That no fences, hedges or other obstructions shall be erected along any lot boundary line. In addition, no fence or wall exceeding 18" in height shall be erected on the premises conveyed hereunder.. k 10. The covenants, restrictions and conditions contained herein shall run with the land and be binding upon all owners and all persons claiming under them for a period of twenty--five (',25) C years from the date of recording hereof, after which time said covenants, restrictions and conditions shall automatically be extended for successive periods of ten (10) years, unless an instrument signed by a majority of the owners of the lots has been recorded agreeing to change said covenants, restrictions and conditions, in whole or in part. t 11. Enforcement shall be by proceedings at law or in equity either to restrain violation or to recover damages against any person or persons violating or attempting to violate any covenant, ( restriction or condition contained herein. 12. Invalidation of any one of these covenants, restrictions k or conditions by judgment or court order shall in no way affect any of the other covenants, restrictions or conditions contained herein, which shall remain in full force and effect. TOGETHER with the appurtenances and all the estate and rights of the party of the .first part in and to said premises. O DAVE AND To HOLD the premises herein granted unto the party of the second part, his heirs and, assigns forever. r„ AND the party of the first part covenants as follows: FIRST, that the party of the second part shall quietly enjoy the said premises. I SECOND, that the party of the first part will forever WARRANT' the title to said premises. i g THIRD, that, in compliance with Section 13 of the Tien Law, the Grantor will receive the consideration 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 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. BEING the same oremises conveyed from Takundewide, Inc. to John A. Mason by deed dated March 1, 1985 and recorded in the warren County Clerk's office on March 22, 1985 in Book 669 of Deeds at page 416. BK: 692 DG: 498 04/30/1987 DEED Image: 4 0f 4 IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal this 29th day of Ate..,..._—+ 1987. 4�A. Mason 7 STATE OF NEW YORK) +' COUNTY SOF WARRFSN )ss.: on this 29thdag' :}f April , 1987: before ane the subscriber, personally apleared JOHN A. MASON to me personally known and known to me to be the sarnet person described in who executed the within Instrument and he has darty acknowledged to me that he executed/,Ole same. Notary Pv ac BEVERLY A.ROSS Notary Pubile,State of New York Residing in Warren Cuu �'e? SNy Commission Expires 4 REAL MT)k-TE APR 3 0 1987 T1NSFEP TAX w. 1nEN c'uNry