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E 64AJs PAiE o LIBER6461 PAGE 1
THIS INURNPURE, made the 4"eZ day oU,� .L�-..,
') Nineteen hundred and sixty-eight, between FISHERS ISLAND
DEVELOPMENT CORPORATION, s New York corporation, having its
principal office at 1 Chase Manhattan Plana, In the City,
x c_ County and State of New York, hereinafter called the grantor,
F party of the first part, and DONALD H. MC ALLISTER, residing
at The Hook Road no street number) Katonah, New Y rk
l) hereinafter call the grantee, party of the seco[� part;
O
a WI T N E S S E T H
That the party of the first part, in consideration
of One Hundred (=100) Dollars, lawful money of the United
States, and other good and valuable consideration paid by
the party of the second part, does hereby grant and release
unto the party of the second part, his heirs and assigns
forever.
ALL those two certain tracts, lots or parcels
of land in the Town of Southold, Suffolk County,
State of New York, being a part of that portion
of Fishers Island belonging to the grantor (which
portion is hereinafter called the "Park") lying
easterly of the following line, viz.:
BEGINNING at the southeasterly corner of land now
or formerly owned by the United States, known as the
Fort H. 0. Wright Military Reservation, Mount Prospect
Tract, on the shore of Block Island Sound, or the
Atlantic Ocean (as said Tract was constituted prior
to the extension thereof by the acquisition of addi-
tional lands in condemnation proceedings instituted
in 1942) and running thence northerly following the
East boundary of the said tract of land now or form-
erly of the United States (as same was constituted
prior to such extension thereof) to the southerly
line of East End Road (sometimes called Oriental
Avenue) and which point Is the northeasterly corner
of said tract of land now or formerly of the United
States (as same was constituted prior to such exten-
sion thereof), thence crossing the East End Road
and following the same course as the last to the
shore of West Harbor or Fishers Island Sound;
+ + + +
x c Said two tracts of land being bounded and
o o described as follows:
Tract No. 1
Beginning at a point on the Southerly side of a
rah = private 45 foot road of the grantor, said point
114` is
being located 67.15 feet North of a point which
is 6073.03 feet West of a monument marking the
'i m United States Coast and Geodetic Survey Triangu-
lation Station 'Chocomount 2", said point of
., beginning being on a curve to the right whose
radius is 284.12 feet and the direction of whose
radius at that point is North 1!P 231 50" West
= and thence running Westwardly along said road
line following the are of said curve 156.36 feet;
661
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thence along said road line North 730 52' 00" West
36,92 feet to a point of curve to the left whose
radius is 473.18 feet and the direction of whose
radius at that point is South 160 08' 00" West;
thence Westwardly along said road line following
the are of said curve 194.77 feet to a point of
curve to the left whose radius is 931.40 feet and
the direction of whose radius at that point is
South 70 27' 00" East; thence Westwardly along
said road line following the are of said curve
234.87 feet; thence South 350 00' 00" East 280,00
feet; thence North 670 45' 00" East 407.40 feet;
thence North 180 07' 30" East 192.26 feet; thence
North 150 23' 50" West 66.72 feet to the point of
beginning.
Containing 3.17 acres, more or less,
Tract No. 2
Beginning at a point on the Northerly side of a
private 45 foot road of the grantor, said point
being located 439.76 feet South of a point which
is 6096,43 feet West of said Chocomount 2 monument
and thence running North 40 07' 00" West 265.53 feet;
thence South 87045' 00" West 407.40 feet; thence
South 150 45' 00" East 208,00 feet; thence South
380 10' 10" East 154.91 feet to the Northwesterly
side of said road at a point of curve to the right
whose radius is 366.58 feet and the direction of
whose radius at that point is South 370 25' 00"
East, thence Northeastwardly along said road line
following the are of said curve 222.55 feet; thence
along the Northerly side of said road North 870 22'
10" East 67,99 feet to the point of beginning.
Containing 2,42 acres, more or less.
TOGETHER with an easement to the grantee, his
heirs and assigns, for ingress to and egress from said lots
above described, over and along such private roads of
grantor as now or may hereafter exist connecting the premises
hereby conveyed with the public highway; provided, however,
that the grantor hereby reserves the right to change the
location, route or grade of said roads from time to time,
provided that such change shall not prevent adequate access
to•the premises hereby conveyed.
EXCEPTING AND RESERVING to the grantor from the
grant of the land hereby conveyed, for the benefit of the
grantor, its successors and assigns, a perpetual easement
and right of way over, under, in and along a strip of land
ten feet in width for the laying, construction, erection,
improvements, maintenance and operation of poles, towers,
vo]*lines, cables, wires, conduits, conductors, fixtures
and other equipment and facilities forth*transmission,
distribution and use of electric current for the operation
of electric power and telephone lines over, under in and
along said right of way, the center line of which right
of way is the existing lines of telephone and electric
cables extending north and south across the two tracts near
the easterly boundaries thereof,
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TO HAVE AND TO HOLD the premises hereby conveyed
unto the party of the second part, his heirs and assigns
forever;
PROVIDED, HOWEVER, that this conveyance is made
subject to the following covenants and agreements which
are hereby entered into by the party of the second part
for himself, his heirs and assigns, as a part of the con-
sideration herefor;
That the aforesaid tracts above described shall
The occupied and used by the grantee, his heirs and assigns
for private residential purposes only and not otherwise,
and there shall be erected and used on each of said tracts
only one private residence for the use oP one family only
together with the necessary outbuildings appurtenant there-
to.
That except with the written consent of the grantor
the said tracts hereby granted shall not be divided or
subdivided for any purpose whatsoever.
That no building or other structure shall be
erected on either of said tracts, no alterations shall be
made in the exterior of any building or other structure
erected thereon, and nothing else shall be done materially
affecting the appearance of the aforesaid tracts except
according to plans (including exterior color scheme, grad-
ing plan, planting plan and location plan) which shall
have been approved in writing by the grantor, its successors
and assigns.
That no stable for livestock shall be erected or
maintained on either of said tracts by the grantee, his
heirs or assigns, and no livestock shall be kept on any
part of the property hereby conveyed, without the written
consent of the grantor, its successors or assigns.
That the premises herein conveyed shall be kept
free from all nuisance, and from any object or condition
otherwise offensive to the neighborhood, or dangerous to
the health of trees or other vegetation in said neighbor-
hood.
That the grantee, his heirs and assigns, covenant
and agree to pay to the grantor, its successors or assigns,
from and after January 1, 1969, an annual maintenance
charge, as fixed by the grantor, its successors or assigns,
which charge, except with the consent of the owners of a
majority of the acreage in the 'Park", shall not exceed in
any one year $25. per acre of the premises hereby conveyed,
such charge to be applied to the maintenance and repair of
roads, sidewalks, sewers and gutters, provided, however,
that the grantor, its successors or assigns, shall not be
obligated to maintain or repair roads, sidewalks, severe
(except main trunk line sewers) and gutters on the premises
hereby conveyed; provided, further, that in no event shall
the grantor be liable for any performance hereunder in
excess of the amount collected by it pursuant to this para-
graph.
The grantee covenants and agrees to install upon
the tracts hereby conveyed, at grantee's own expense,
septic tanks or other facilities for adequately disposing
of all sewage originating on said tracts and further to