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Home My WebLink AboutL 6774 P 310 0 I,1 rf 6774 ?ate j THIS INDENTURE , made the day of- Nineteen f-Nineteen hundred and sixty-nine, between FISHERS ISLAND DEV- A ELOPMENT CORPORATION, a New York corporation, having its principal office at 1 Chase Manhattan Plaza, in the City, County and State of New York, hereinafter called the grantor, j party of the first part, and MARIAN H. SMITH, residing at 133 East 80th Street, New York, New York, 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 consideration paid by the party of the second part, does hereby grant and i ' release unto the party of the second part, her heirs and assigns forever, ALL that lot or parcel of land in the Town of j 6 Southold., Suffolk County, State of New York , being a ; (1� part of that 'po'rtion' of Fishers Island belonging to the grantor (which portion is hereinafter . called the "Park" ) lying Easterly of the following line, viz. : `w ' BEGINNING at the Southeasterly corner of land now or formerly owned by the United States , known as the Fort H. G. Wright Military Reservation, Mount Prospect Tract, on the shore of Block Island Sound or the Atlantic Ocean (as -said Tract was i! constituted prior to the extension thereof by the acquisition of additional lands in condemnation proceedings instituted in 1942) and running thence Northerly following the East boundary of the i' 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 j 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 extension thereof) , thence crossing the East 1 End Road and following the same course as the last to the shore of Guest Harbor or Fishers Island Sound. i Said lot or parcel of land being bounded �i and described as follows : BEGINNING at a point on the Southwesterly line of j a road 45 feet wide, said point being located 109. 661 feet North of a point which is 950. 68 feet East of a �, monument marking the United States Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which syid i; "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, N. Y. , about two and; II one-quarter miles West of the Eastern End of-Fishers ! Island and lies South 79 degrees 29 minutes 45 seconds �IEast of North Dumpling Light in Fishers Island Sound) ; ' and thence running South 160 38a1y0" West 34. 69 feetk �j thence South 880 52 ' 30" West 34 .08 ' feet; thence j North 90 26 ' 30" West 136. 28 feet; thence �I North 270 40 ' 20" East 68. 36 feet to the Southwesterly line of said road; thence - along Ii I� i d r IIBEP,67 l 4 FACE 311 I i said road line South 570 29 ' 00" East 169 . 58 feet to a point of curve to the left whose radius is is 488. 82 feet and the direction of whose radius at that point is North 321 31' 00" East; thence Southeast wardly along said road line following the arc of said curve 169 . 34 feet to the point of beginning. i I I Containing 0. 79 acres , more or less. TOGETHER with an easement to the grantee, her heirs and assigns for ingress to and egress from the land hereby 1conveyed over and along such private roads of grantor as now ' or hereafter may exist connecting the land hereby conveyed with the public highway; provided, however, that the grantor hereby reserves the right tq change the location, route or ' grade of said roads from time to time-, provided that such ' change shall not prevent adequate �ocess to the land hereby conveyed. TO HAVE AND TO HOLD. the' land hereby conveyed unto the party of the secp+)hd part, her heirs and assigns forever. ! .i SUBJECT, HOWEVER, aE` 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) Easements for the maintenance , repair, and reconstruction and replacement of any pipes , wires and other equipment now installed upon the land hereby conveyed and used for furnishing of water, sewer, drainage , electricity or telephone service . (c) The covenants and restrictions as hereinafter mentioned; and (d) Applicable zoning, planning board, and building and use restrictions , laws , ordinances and regulations now or hereafter in effect. PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and restrictions which are hereby entered into by the party of the second part for herself, her heirs and assigns as a part of the consideration therefor: That the land hereby conveyed does not constitute a separate homesite , but is granted and conveyed only as an addition to the homesite now owned by the grantee as more particularly described in a certain deed made by Fishers n Island Corporation to .Andrew B. Wallace and Florence Wallace, his wife , dated June 16 , 1927 and recorded in the Office of the Clerk of Suffolk County on June 24 , 1927 in Liber 1279 of - 2 - I %I L106774 P 312 �I iideeds at page 244 , it being the intention of the parties ! that the land hereby conveyed and the homesite now owned by the grantee as above described shall together constitute but one "Homesite" , as said term is defined in the above mentioned deed and that said Homesite shall be subject to all I Ilof the covenants , and restrictions now or hereafter affecting the original Homesite which covenants and restrictions the i grantee agrees to perform and observe as if the land hereby conveyed had been a part of the land conveyed by the above !' mentioned deed; and ! That no building, structure or improvement of any kind or nature , except usual boundary line fences, Ishall be constructed, erected or maintained upon any portion !! of the land hereby conveyed. The covenants and restrictions herein expressed ,! shall be binding upon the grantee , her heirs and assigns , and shall be held to run 'with' and bind the land hereby conveyed and all subsequent owners and occupants thereof . All rights and easements of access to the land hereby conveyed shall be � r*d by and subject to such rules i i; regulations andesti ��_on,s governing the manner of use j thereof , or the pe-Asonsr'Ticensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns . The rights reserved herein to the grantor, or to ,, the grantor, its successors or assigns , and the consent or approval of the grantor, its successors or assigns , referred j to herein or in the covenants and restrictions in the deed above mentioned, shall enure to, mean or require only the jright or act of the said Fishers Island Development Corporation or its corporate successor, or its assignee of such rights and shall not refer to or include a person or corporation i' holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the said covenants and restrictions contained in said deed may be at any time and in any manner waived or changed with the consent of the grantor, or its corporate successor or the assignee of the rights herein reserved to the grantor or to the grantor, its !, successors or assigns , and the owner or owners for the time being of the premises constituting the Homesite of which the land hereby conveyed forms a part and the owners of a majority i in acreage of all the property within the "Park" . The provision last preceding shall apply to cases where the change contemplated is to apply to less than all �i the land in the "Park" which has been conveyed by the grantor or by Fishers Island Corporation or by Fishers Island Estates, Inc. to purchasers , but where such waiver or change shall apply to and affect all the land within the "Park" which has j been conveyed by the grantor or Fishers Island Corporation, or it by Fishers Island Estates ,Inc. , subject to the covenants and agreements herein set forth, said covenants and agreements i1 herein set forth may be waived or changed with the consent of the grantor or its corporate successor or its assignee of the rights reserved herein to the grantor or to the grantor, its successors or assigns , and the consent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park" . ' I 3 - i