Deed BBC: 96C PG: 45 10/17/1995 DEED Image: 1 of 4
00512,20
THIS INDENTURE, Made this /3-4day of October 1995,
f(p BETWEEN JAM INVESTMENT COMPANY,_a general partnership
"u organized and existing under the laws of the State of Texas,
with its principal office located c/o Stephen M. Mason,
Esq., 1400 Citicorp Center, 1200 Smith Street, Houston, '
Texas, 77002, party of the first part, and DAVID B. PAPLANUS
and LISA M. PAPLANUS, his wife, presently residing at 1033
80th Street, Brooklyn, New York, 11228, parties of the
second part,
WITNESSETH that the party of the first part, in con-
sideration of ONE DOLLAR ($1.00) and other good and valuable rG►
consideration paid by the parties of the second part, does CA
hereby grant and release unto the parties of the second
part, their heirs and assigns forever,
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate, !
lying and being in the Town of Queensbury, County of Warren, I
and State Of New York, more particularly described as Lot
No. 15, as shown on a map entitled "Site Plan of Takunde-
wide, Inc.", prepared by VanDusen and Steves, Licensed
Surveyors, dated December 29, 1983, and last revised Sept-
ember 15, 1984, which map was filed in the Warren County
Clerk's Office on November 28, 1984.
TOGETHER with a non-exclusive right-of-way and easement
in common with others over the roads as drawn on the afore-
said 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 and 32 inclusive, all as are shown on said map.
This non-exclusive easement is subject to its exercise by
the Grantees in accordance with the Conditions, Restrictions
and Covenants hereinafter set forth.
SUBJECT to the condition that the Grantees herein,
their heirs and assigns, shall contribute 3.125% of the
annual cost of taxes, insurance, maintenance, and other
expenses relating to said Common Area to Takundewide Home-
owners Association, Inc.
The above described non-exclusive rights-of-way and
easements over the roads and common areas shall automa-
tically be extinguished 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 Grantor 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.
r
EXCEPTING AND RESERVING to the Grantor the right to
grant the usual electric and telephone easements to Niagara
Mohawk Power Corporation ar.d 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 con-
veyed.
EXCEPTING AND RESERVING a non-exclusive easement and
right-of-way over all the property conveyed herein, as well
as the common areas 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
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AM
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system presently located upon the premises shown on said map `*I
and any future water and sewer systems required by the
appropriate municipal authorities.
• i
EXCEPTING AND RESERVING an easement to the Grantor,
their heirs and assigns, over all common areas to perform
the duties of maintenance and repair to 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 residence.
SUBJECT to the provisions of a certain Declaration of
covenants, Conditions and Restrictions filed in the Warren
unty Clerk's Office on March 22, 1985.
The aforementioned premises shall be sold, transferred,
Ronveyed ana,,held subject to the conditions, restrictions
'end covenants 1m einafter set forth, which are hereby
declared %o be fo the benefit of all of the owners of
'remises 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,
their heirs, successors or assigns.
1. The use of the Common Areas as shown on a map en-
titled "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 November 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 recrea-
tional 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 resi-
dential purposes only and no structure shall be erected,
altered, placed or permitted on any lot other than one (1)
single-family residence, whether year-round or seasonal in i
nature. Nothing herein contained shall prevent the con-
tinued existence or replacement of the two-family home
currently located upon Lot 32.
3. That no mercantile, manufacturing, mechanical,
commercial or trading 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. I
Nothing herein contained shall prevent the utilization 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 lot owner to conform to these
requirements, the Grantor, her agents, successors or as-
signs, 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.
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, in-
cluding 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 they whole thereof
r•.;
i be conveyed.
l:'
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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 i
be kept in a clean and sanitary condition and concealed from
a general view. No incinerators shall be permitted. Each lot
owner shall, at all times, keep his property free and clear F
of all rubbish and do all other things necessary or desir-
able to keep the premises neat and in good order. C
7. That no trees shall be cut down or removed from any I .
lot without the express w!:itten consent of the Grantor, his : l
agents, successors or assigns.
8. Assigns, as used within these covenants and
restrictions, shall not be deemed to include individual lot
1 owners, except the Grantor may assign her rights hereunder
to an incorporated association of lot owners.
i
9. That no fence, 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.
10. The covenants, restrictions and conditions con- ,
tained 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) 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,
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 of 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
farce and effect.
BEING the same premises conveyed by Jane M. Mason to
JAM Investment Company by deed dated August 24, 1994, and
recorded in the warren County Clerk's Office on September 9,
1994 in Book 925 of Deeds at page 149.
Together with the appurtenances and all the estate and
rights of the party of the first part in and to said pre-
mises,
To have and to hold the premises herein granted unto j
the parties of the second part, their heirs and assigns
forever.
And said party of the first part covenants as follows:
First, that the parties of the second part shall
quietly enjoy the said premises;
Second, that said party of the first part will forever
warrant the title to'said premises.
Third, That in Compliance with Sec. 13 of the Lien Law,
the grantor will receive the consideration for this con-
veyance and will hold the right to receive such
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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.
IN WITNESS WHEREOF, the party of the first part has
hereunto executed this deed by its duly authorized general
to partner on the day and year first above written.
C7 IN PRESENCE OF
ro
.as.
JAM INVEST14ENTnC_OMPANY
By: -�X�
Jo n A. Mason, General
P tt/ne�rr
By:William P.P. Mason, General +
Partner
STATE OF NEW YORK )
COUNTY OF WARREN ) ss.:
on this fY�day of October , 1995, before me personally
came, JOHN A. MASON, to me known to be a general partner of
JAM INVESTMENT COMPANY; and known to me to be the person
described in and who executed the foregoing instrument and
acknowledged that he executed the s such general
partner.
No y(11.y
is
J.RAY
Nobl ,State of New Yotk
ounly,No 4
STATE OF NEW YORK ) My Commis n Expires
COUNTY OF WARREN
On this � day of October , 1995, before me personally
came, WILLIAM P. MASON, to me known to be a general partner
of JAM INVESTMENT COMPANY; and known to me to be the person
described in and who executed the foregoing instrument and
acknowledged that he executed the same as such general
partner.
V
Notary bl c
RECEIVED NMCYfz NicNofs
Rotary P014 State of New York
REAL ESTATE
Washington ntlr lf4996558
so,— Commission bpires May 18.19.`L
N ACT 17 t995
TRANSFER TAX
WARREN COUNTY
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LiDEit_ �P
RECORD&RETURN TO: P14V. EX,-,KlUED
BRUCE M.JORDAN,ESQ• c ��'i+:; ^+tY N.Y.
e. 119 BAY STREET
•' E K
GLENS FALL%NY 12801 95 OCT 17 PH I: 17
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RECORDED
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