HomeMy WebLinkAboutL 6477 P 376 114477 PAcc 76
THIS INDENTURE, made the 2 5 day of 1�1zi,
Nineteen hundred and sixty-eight, between FISHERS ISLAND DEY
ELOPMENT CORPORATION, a New York corporation, having its pr
cipal office at 1 Chase Manhattan Plaza, in the City, County
and State of New York, hereinafter called the grantor, party
of the first part, and EIIEEN ROBINS, residing at Delafield
Island no street or street number), Darien, Connecticut,
hereinafter called the grantee, party of the second part:
WITNESSETH, that the party of the first part, in
consideration of One Hundred Dollars (100.00), lawful money
of the United States, and other good and valuable considera-
tion paid by the party of the second part, does hereby grant
and release unto the party of the second part, her heirs
O and assigns forever,
ALL that lot or parcel 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.:
l�I BEGINNING at the Southeasterly corner of land now
'II or formerly owned by the United States, known as the
\I 4 Fart H. G. Wright Military Reservation, Mount Prospect
! a Tract, on the shore of Block Island Sound or the
Atlantic Ocean (as said Tract was constituted prior to
LL z` the extension thereof by the acquisition of additional
lands in condemnation proceedings instituted in 1942)
and ruining thence Northerly following the East bound-
ary of the said tract of land now or formerly 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 constitu-
ted prior to such extension thereof), thence crossing
the East End Road and following the same course as the
last to the shore of West Harbor or Fishers Island Soun ;
Said lot or parcel of land being bounded and
described as follows:
i
BEGINNING at a monument which is one thousand eighty
five and ninety-four hundredths feet South of a point
which is seven hundred ninety and fifty-seven hundredth
feet West of a stone monument marking the U. S. Coast
and Geodetic Triangulation Station "Chocomount 2"
(which said "Chocomount 2" monument is located on the
summit of the highest hill on Fishers Island, N. Y.,
about two and one-quarter miles West of the Eastern end
of Fishers Island and lies South 79 degrees 29 minutes
45 seconds East of North Dumpling Light in Fishers
Island Sound); and from said beginning point running
thence South 43 degrees 11 minutes West eighty-seven
and twenty-one hundredths feet to an iron pipe at the
corner of other land of the grantee; thence along said
other land of the Grantee North 39 degrees 14 minutes
30 seconds West four hundred twenty-three and fifty-
four hundredths feet, thence North 4 degrees 40 minutes
j 10 seconds West one hundred sixty-four and forty-eicht
hundredths feet to the Southwesterly lire of the
fifteen-feet right of way hereinafter mentioned; thence
along said Southwesterly line of said right of way, the
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following five courses: (1) South 63 degrees 36 minutes
35 seconds East one hundred thirty-eight and thirty-
seven hundredths feet, (2) South 52 degrees 16 minutes
35 seconds East sixty-six and eighty-eight hundredths
feet, (3) South 26 degrees 57 minutes 00 seconds East
two hundred thirteen and forty-nine hundredths feet,
(4) South 18 degrees 14 minutes 00 seconds East one
hundred twelve and fifty-nine hundredths feet, and
(5) South 34 degrees 26 minutes 00 seconds East forty-
seven and twenty-three hundredths feet, to the point or
place of beginning; containing 1.63 acres, more or less
TOGETHER with an appurtenant easement to the grantc ,
her heirs and assigns over said right of way owned by the gran -
r, leading Southeasterly from the main private road of the
grantor to land conveyed by Fishers Island Estates, Inc. to
Cass Canfield by deed dated August 2, 1951 and recorded in the
County Clerk's Office of Suffolk County on September 7, 1^51
in Liber 3261 of Deeds, page 39, which right of way is therein
articularly described, such easement to be for ingress to end
egress from the premises hereby conveyed to said main private
road; PROVIDED, HOWEVER: (a) that said easement shall terc:inat
automatically, without notice or further act, in the evert dot
pother right of way or roadway shall at any time be '_aid out
affording to the premises hereby conveyed legal access to said
in private road, or in the event that any owner of the com-
bined homesite (made up of the 3.27 acre parcel hereinafter
mentioned and the premises hereby conveyed) stall acquire the
fee simple title to any part of the land lying between the
Northerly line of said 3.27 acre parcel and said main private
road connecting said combined homesite with said main. •rlvate
road; and (b) that the grantor hereby reserves the right to
change the location, route or grade of said right of way from
time to time, provided that such change shall not revert
adequate access to the premises hereby conveyed; and TOGETHER
with an easement to the grantee, her heirs and assigns for
ingress to and egress from the premises hereby conveyed over
and along such private roads of grantor as now or hereinafter
may exist connecting said right of way above mentioned with
the public highway; PROVIDED, HOWEVER, that the grantor 'oerebj
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 said right of way.
IT BEING UNDERSTOOD AND AGREED, HOWEVER, that such
easements hereby granted are not intended to provide the prim-
ary means of access for the "Homesite" (hereinafter defined)
and that said right of way does not constitute a private road.
RESERVING to the grantor its successors and assigns
from the grant of the premises hereby conveyed, an easement
and right of way within the strip of land five feet wide alon
the last five courses of the premises hereby conveyed for the
erection thereon of poles to support wires for the transmission
of electricity for light, heat, telephone and other purposes,
and for the construction operation and maintenance of pipe
lines or conduits under the surface of said reservation for
any lawful purpose whatsoever, but the grantor shall have the
right to release the premises hereby conveyed from these part-
icular easements and rights of wap provided however, that
whenever the surface of the ground shall be Aisturbed by the
grantor, its successors or assigns for the purpose of con-
structing or repairing any such poie line, pipe line or con-
duit, it shall become the duty of the grantor or its succes-
sors or assigns, forthwith, at its or their own expense, to
repair and restore the surface of the ground so disturbed to
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substantially the same Condition as shall have existed before
the time of such disturbance.
TO HAVE AND TO HOLD the premises hereby conveyed
unto the party of the second part, her heirs and assigns
forever.
SUBJECT, HOWEVER, as follows:
(a) Easements and rights of way granted by
Fishers Island Corporation to The Fishers Island
Electric Corporation and The Fishers Island
Telephone Corporation and by Fishers Island Estates,
Inc. to Fishers Island Water Works Corporation by
deeds_ recorded in the Clerk's Office, Suffolk County;
(b) Easement granted by Fishers Inland Estates,
Inc. to Case Canfield for the operation and mainten-
ance of lines for water, electric current and tele-
phone service by deed, dated August 2, 1951 and rec-
orded in said Clerk's Office on September 7, 1951 in
Liber 3261 of Deeds, page 39,
(c) Covenants, restrictions, easements and res-
ervations as hereinafter provided; and
(d) Applicable zoning, planning board, and buil -
ing and use restrictions, laws, ordinances and regu-
lations now or hereafter in effect.
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 her-
self, her heirs and assigns as a part of the consideration
therefor:
That the land hereby conveyed does not constitut
a separate homesite, but is granted and conveyed only as an
addition to the homesite, consisting of the combined parcel
of land containing 4,90 acres, more or leas (made up of the
3.27 acre parcel of land now owned by the grantee, particu-
larly described in deed made by Fishers Island Corporation
to Clinton B. Wyckoff and Emma M. Wyckoff, dated October 6,
1930 and recorded in said Clerk's Office an November 15, 1930
in Liber 1537 of Deeds at page 249, and the parcel of land
hereby conveyed), it being understood and agreed that the
land hereby conveyed and the homesite to which it attaches
shall together constitute but one homesite and is hereinafter
referred to as the "Homesite."
That said Homesite shall be occupied and used
by the grantee, her heirs and assigns for private residential
purposes only and not otherwise, and there shall be erected
and used thereon only one private residence for the use of
one family only together with the necessary outbuildings
appurtenant thereto.
That said Homesite shall not be divided or
subdivided for any purpose whatsoever.
That no building or other structure shall be
erected on the premises constituting said Homesite, no alter-
_ ations shall be made in the exterior of any building or other
i