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HomeMy WebLinkAboutL 7159 P 379 _ LIBER 159 fw 379 i tk THIS - HI INDENTURE , made this cS _ . day of May, 1972, ba tween JOHN WALKER and MARGARET G. M. WALKER, his wife , both resid- 'ing at 2806 "N" Street, N. •W. , Washington, D. C . 20007, parties of the first part , and PETER D. SANGER and KATHARINE duP. SANGER, his wife , both residing at Fox Avenue , Fishers Island, New York, 06390, t) 6 e parties of the second part, WITNESSETH, that the parties of the first part, in con- - sideration of the sum of ONE .H6NDRED and Op1100 ($1O0.00)' DOLLARS, lawful money of the United States, and other valuable consideration! !paid by the parties qf, the second part, do hereby grant and release! - m{ unto the parties of the second part, their heirs and assigns - forever, i ALL THAT TRACT, piece or parcel of land with the . building and improvements thereon, situate , lying and be- ll ing at Fishers Island in the town of Southold, County of +► Suffolk, State of New York, more particularly bounded and i; described as follows : r BEGINNING at a point on the northeasterly side of Fox Avenue which point is distant 3402,97 feet north of a point which is distant 2924.48 feet west of a monument marking the U. S . Coast & Geodetic Survey Triangulation Station "PROS" ; running thence north 520 07 ' 30 east 120.40 feet to the southwesterly side of a private road; running rn thence alongg said southwesterly side of said private road CID .'`R south 430 34 ' 30" east 90.00 feet; running thence south 4 a 530 5 ' 25" west 129 .78 feet to the northeasterly side of said Fox Avenue ; and running thence along the northeasterly p side of Fox Avenue north 370 35 ' 40" west 87.37 feet to the rn point or place of beginning. O' TOGETHER with an easement for sanitary sewer, cess- pools and drainage field over the premises to the south and _ west and the right to enter upon said premises for the pur- pose of maintaining, repairing and replacing such sanitary sewer, cesspools and drainage field . CA TOGETHER with a right of way in common with others over the existing private roads situated in the premises - hereinafter described . it - A certain tract or parcel of land containing the Mansion House group of 24 buildings known as "Cottages #1, CA and3Bungalows�#1, 2, 3, 4, 5,1anddthe �DietBKitchen"E locateand d at Fishers Island, Town of Southold, County of Suffolk, _ 3 State of New York, bounded and described as follows : i m i :. ;4 -- ��BFR 7159 %080 BEGINNING at a stone monument at the intersection of the northerly line of Fox Avenue and the westerly line of Equestrian Avenue , said monument being 3160.38 feet north of a point which is 2296 .94 feet west of• another monument = marking the U. S . Coast & Geodetic Survey Triangulation Station "PROS" ; thence running south 87 degrees 07 minutes 30 seconds west 232 .01 feet to a merestone ; thence north 84 degrees 53 minutes 40 seconds west 145.36 feet to a _ merestone ; thence north 60 degrees 10 minutes 10 seconds west 102 .58 feet to a merestone ; thence north 44 degrees 05 minutes 20 seconds west 109 .04 feet to a merestone; thence north 37 degrees 35 minutes 40 seconds west 432.84 feet to a merestone ; thence north 22 degrees 22 minutes 20 seconds west 36 .39 feet to a merestone ; thence north 8 degrees 57 minutes 50 seconds west 214 .55 feet to a mere- - stone ; thence north 12 degrees 05 minutes 50 seconds east 55.94 feet to a brass plug set in a rock, these last eight - lines abutting southerly, southwesterly and westerly on Fox Avenue ; thence running south 80 degrees 30 minutes 40 - seconds east 262 .48 feet to a merestone on the northwesterly line of Sappho Road, this last line abutting northeasterly on land now or formerly of Eleanor M. Ferguson; thence con- - tinuing south 80 degrees 30 minutes 40 seconds east 50.86 feet ; thence running north 20 degrees 05 minutes 30 seconds east 34.04 feet to a merestone ; thence north 73 degrees 25 minutes 30 seconds east 104.89 feet, these last three lines abutting northeasterly and northwesterly on Sappho Road; thence running south 14 degrees 35 minutes east 186.94 feet; thence south 28 degrees 39 minutes 30 seconds east 105 .31 - feet ; thence south 55 degrees 28 minutes 30 seconds east - 108.91 feet; thence south 73 degrees 48 minutes 30 seconds east 97.20 feet ; thence south 76 degrees 28 minutes 30 seconds east 70.08 feet; thence south 70 degrees 39 minutes 24 ,secohds east 123.60 feet; thence south 9 degrees 39 minutes 0 seconds west 190.02 feet to a brass plug in the sidewalk on the westerly line of Equestrian Avenue , these last seven lines abutting northeasterly and easterly on remaining land of the Fishers Island Farms, Inc . ; thence =_ running south 4 degrees 24 minutes 30 seconds west 179 .30 T 9 ', feet to the point of beginning, this last line abutting C3 easterly on Equestrian Avenue . — Oa The said parties of the second part, for themselves , rn their heirs and assigns , do hereby covenant and agree with the Parties of the first part, their successors and assigns, as follows : b (a ) The parties of the second part will not use the 1premises for any other purpose than a single family residence nor CA erect any outbuildings , without the written consent of the parties of the first part , or their successors . (b ) The parties of the second part will not erect any building, outbuilding or structure within five (5) feet of any boundaries of the premises herein conveyed. Q M (c ) The parties of the second part will not sell the CA ''premises herein described unless the parties of the second part = 9. shall have (1) received a written offer from a third party which CA ' is acceptable to the parties of the second part and (2) then have r w . LIBER (159 PACE 381 'offered to sell and convey the same to Hay Harbor Realty, Inc . , orl its successors , at the same price and upon the same terms as con- tained in such offer and (3) 30 days shall have expired from the - (date of the making of such offer by the parties of the second part - :to Hay Harbor Realty, Inc . , or its successors, and the latter shall' Inot have accepted such offer in writing. _ (d ) The premises herein described constitute a part of _= premises last above set forth . Within said last described plot, there are certain private roads 121 in width, title to which is reserved unto Hay Harbor Realty, Inc . , and its successors, which —_ roads are subject to mutual rights of way for ingress and egress in favor of the premises herein conveyed and other premises within the plot last described . The said roads will be maintained by Hay Harbor Realty, Inc . , and its successors , but at the expense of the = owners of the several dwellings within the premises last above _— described, and the allocation of the cost of such maintenance shall be made equitably by Hay Harbor Realty, Inc . , and its suc- cessors , and the parties of the second part hereby agree for them- selves , their legal representatives, successors and assigns, to pay lithe share of such expense allocated to them and upon their failure _ to do so within thirty (30) days, the amount thereof shall consti- tute a lien upon the premises herein conveyed . Hay Harbor Realty, Inc . , and its successors shall have the right to convey said roads subject to such rights of way, to an association or membership corporation which, in the event of such conveyance, it will cause to be formed, and to consist of the owners of the several dwellings contained within the plot last above described, and the parties of 'the second part agree to become members of such association or membership corporation. The foregoing restrictions shall run with the land and = l'shall enure to the benefit of Hay Harbor Realty., ;Jnc. , and its suc-; — 'cessors, and may be modified, amended, or changed by written agree- jfnent between the parties of the second part and Hay Harbor Realty, ne . , or its successors . : T "Oil C".) Q :r ;, The foregoing restriction numbered "c" shall not prevent —_ = the parties of the second , � part from obtaining a mortgage loan, and = o � M if the mortgagee shall acquire title by foreclosure or otherwise , the mortgagee shall not be required to comply with such restric- tion, but any purchaser from the mortgagee shall be bound thereby. jThe parties of the second part will cause any grantee to assume and agree to be bound by the foregoing restrictions , to TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises . Q rn TO HAVE AND TO HOLD the premises herein granted unto the CA t -� parties of the second part, their heirs and assigns forever. f c o DI iF m -3- — ^ LIBER (1�9 PAGES - The parties of the first part, in compliance with Sec- tion 13 of the Lien Law, covenant that they will receive the con- for this conveyance and will hold the right to receive LE .,such consideration as a trust fund to be applied first for the pur pose of paying the cost of the improvement and that they 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 parties of the first part are the same persons as the grantees of the same names in the deed dated March 23, 1950, of the above-described premises , which was recorded in the Land Records of Suffolk County, New York, on April 5, 1950, in Liber 3062 cp 100. IN WITNESS WHEREOF, the parties of- the first part have - duly executed this deed the day and year first above written. In presence of : (Seal ) - ,,� John Walker La-Q , (Seal ) a are't G. °M. Tai ex j'DISTRICT OF COLUMBIA: ss On the 4C day of May, 1972, before me personally C-jil y.` .. r' hhame John Walker and Margaret G. M. Walker, his wife , to me known Ox 'i to be the individuals described in and who executed the foregoing instrument, and acknowledged that-they executed the same . - Notary Public for the istrict o Columbia . My Commission expires Sept . 30, 1973 . CAQ - en x} Fi{,a�ISFiR1� 1EW YORK rn _$ fir=�M y 7O� 0z - -,---- _ z,._,,,".