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HomeMy WebLinkAboutL 9058 P 335���• R} T Stmdard N.Y.B.T.U.Form 8007'1-.79-70M-Bargain and Sale Decd.with Covenant Against Grantor's Act,-Indevidml or Corporatists •7 /• ., CONSULT YOUR LAWYER REFORM SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY- 02633 ozs33 TH S'HVDENTEME, made the 3rd day of August , nineteen hundred and eighty-one BETWEEN HENRY L. FERGUSON, III, residing at Hardwick Road (No fl) , New Braintree Aass.01531 and MARTHA F. BULLER, residing at 4 Highland Drive, North Haven, Connecticut 06473, as tenants in common. party of the first part, and ST. JOHN' s EPISCOPAL CHURCH, a religious corpor- ation with its principal offices at Central Avenue (no number) , Fishers Island, Town of Southold, County of Suffolk, State of New York. ,7 c�C �ir1^l LC Ll _ 21 26 1 a I2 it party of the second part, WITNESSETH, that the party of the first part, in consideration of — — — — — — — — — — — — — TEN AND 00/100 ($10,00) - - - - - - - - - - - - - - - - - - - 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, the heirs or successors and assigns of the party of the second part forever, 'N ALL that certain plot, piece or parcel of land, wiilt-th►buildings sad-improawaeatc�karwa�ssaied,-s+taiata, located at Fishers Island, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows : Beginning at a monument on the Southeasterly line of Mansion House Drive, said monument being located 3423. 78 feet North of a point which is 2013 . 79 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and; THENCE running South 60 degrees 56 .minutes 40 seconds East 375.05 feet to a monument on the Northwesterly line of Crescent Avenue ; THENCE along said Crescent Avenue line North 34 degrees 46 minutes TAX MAP 00 seconds East 25. 92 feet to a monument ; DESIGNATION' THENCE North 55 degrees 14 minutes 00 seconds West 42. 32 feet to a Dist. point ; 1000 0109" THENCE North 50 degrees 30 minutes 35 seconds West 58. 44 feet to a point ; sl®2 � THENCE North 33 degrees 28 minutes 40 seconds West 37. 58 feet to a Lotl`I onument; ryv1. 0 oZ THENCE North 65 degrees 30 minutes 35 seconds West 234. 82 feet to a �. monument on said Southeasterly line of Mansion House Drive ; THENCE along said Mansion House Drive line South 44 degrees 11 minutes 50 seconds West 40. 64 - feet to the point-of Beginning. Containing 16,390 square feet.,. more or less. 6,37(0 SUBJECT, however, to the following: (1) The present existing septic tanks and tile fields which 111555��' comprise the sewage system currently used by the owners of the so-called Hay Harbor Cottages, known as Diet Cottage, Cottage No. 1, Bungalow No. 1 and Bungalow No. 2, and the residence formerly of H. Lee Ferguson, Jr. and Martha K. Ferguson, now owned by the party of the first part, shall be permitted to remain in their present location and the -` N ARTHUR J. FELICL R E C 0 R Q F p nuc 25 1981 A Chd Of Suffolk County 1.1000058?AGF 336 owners of the above described buildings, their successors, distributees or assigns, shall be permitted to enter upon the above described premises for the purpose of maintaining, repairing, replacing or expanding said septic tank system and tile fields, provided that At any time when the ground is disturbed for these purposes, it shall be the responsibility of the party so disturbing the land to replace the surface in the same condition that it was in, prior to being so disturbed. ( 2) Easements or rights of way are hereby reserved to and granted in favor of Fishers Island Electric Corporation, Fishers Island Telephone Corporation, and Fishers Island Farms, Inc. , for the installation and/or maintenance of electric light lines , either overhead or underground, telephone lines, either overhead or underground, and water mains, within five feet of the highway lines of all highways abutting upon the foregoing parcels . ( 3) Subject further to any and all easements, or rights, of record, granted for the maintenance of any street , railroad, electric power lines, telephone lines, conduits , water mains, sewage mains or any other public service utility insofar as the same affects the above described premises. SUBJECT TO covenants, restrictions, reservations and easements contained in Libers 5357 cp 251, 8508 cp 267, 232 cp 598, 280 cp 569, 281 cp 15, 235 cp 01, 281 cp 18, 23o cp 269, 4085 cp 09, 2135 cp 415, 2135 cp 424. N ARTHUR J. FELICL R_E C 0 R D F D AUG 25 1981 r . Clam Of Suffolk County LIBEFUUMPAGE337 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and restrictions , which shall run with the land, which are hereby entered into by the party of the second part by the acceptance thereof, and shall be binding upon their successors and assigns as a part of the consideration therefor: ( 1) That no building or other structure shall be erected on the aforesaid premises except a building no larger than 10 feet by 10 feet by 10 feet high. ( 2) That no trees or shrubs higher than 6 feet shall be permitted on said premises, the party of the first part reserving to themselves, their respective heirs , successors and assigns the right , after ten days written notice to the party of the second part or its successors and assigns , . to enter upon said premises and cut said trees and shrubs down to the 6 foot high level. y— eoa�iecxdtaooddmedxpremlsvmcxbcaxxxmuix �9Rbtx �i ��Y}�o�ltmoo�'acr�ft a part of Being/Parcel Two of the premises conveyed to -the party of the first part Clerkbofdeed SuffolkeCountyeoner 11 October73, 1978ratdin Liberh8508fice pageohe 271 of Deeds. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid. eration 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. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: - �1 artha F. Buller Henry L. erguson, II N ARTHUR J. FELICE R-E C_0-R D F D AUC 25 fsel Mck-a sawk County