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HomeMy WebLinkAboutL 9306 P 395 it a ' DISTRICT SECTION BLOCK LOT 0 0 003 00 0 �� 12 � 1 C121 oo coo ovo OS 00 oc7 /�;_ OUo THIS INDENTURE , made t) Qj d0 Obb 00 0 , 1982, between Frank S. Streeter and Un. of New ,�Q I York, as executors of the last will and testament of John Hay tlJ�- Whitney, late of Manhasset, New York, who died on February 8 , 1982, parties of the first part, and Frank S. Streeter and Unite t States Trust Company of New York, as trustees of the trust cre- �IV ated under Article TEN of the second codicil to the will of said \ ` decedent , having an address c/o United States Trust Company of New York, 45 Wall Street, New York , New York 10005 , parties of the second part, WITNESSETH, that the parties of the first part , to whom I letters testamentary were issued by the Surrogate' s Court, Nassau iCounty, New York on March 15, 1982 and by virtue of the power and' authority given in and by said last will and testament, and by Article 11 of the Estates, Powers and Trusts Law, and in con- sideration of ten dollars ($10 .00) paid by the parties of the \Y V second part , to whom letters of trusteeship were issued by said court on March 15 , 1982, do hereby grant and release unto the �i parties of the second part, their successors and assigns forever ,) r 'l± ALL those certain plots, pieces or parcels of land, ` with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, Statei of New York, being a part of that portion of Fishers Island (which portion is sometimes referred to as 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. G. NNNWright Military Reservation, Mount Prospect Tract, on the shore I ` \ I _e I ARTHUR J. FELICE R E C O R D E D JAN ng 1983 k Clerk of Suffolk County PT I/ LCT DISTRICTLOT �- ilAaV F ---sap 1 ARTHUR J. FELICE RECORDER JAN 28 1983 `. Clcfk of Suffolk County of Block Island Sound or the Atlantic Ocean ( as said Tract was 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 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 constituted 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 Sound; Said lots or parcels of land being bounded and described as fol- lows : FIRST PARCEL BEGINNING at a concrete monument set on the North- easterly side of a road forty feet wide, said monument being seven hundred and eighty-one and thirty-nine hundredths feet North of a point which is three hundred and eighty-three and sixty-two hundredths feet East of another monument marking the U. S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island , New York about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound) ; and running thence North nineteen degrees fifty-two minutes and thirty seconds East two hundred and forty-nine and thirty-four hundredths feet to the shore of Fishers Island Sound; thence, with the meanders of said sound , South seventy-six degrees fifty minutes and forty seconds East fifty-one feet and' North seventy- six degrees nine minutes and thirty seconds East seventy-nine and thirty-nine hundredths feet to a stake; thence South thirty-two degrees forty minutes and thirty seconds East two hundred and forty-one and fifty-six hundredths feet to a stake marking a point of curve to the right whose radius is eighty-four and eighty-nine hundredths feet and the direction of whose radius at that point is South fifty-seven degrees nineteen minutes and thirty seconds West; thence Southwardly ( and following the arc of said curve) seventy-four and seventy-six hundredths feet to a stake; thence South seventeen degrees and forty-seven minutes -2- ARTHUR J. FELICE RECORDED JAN 28 1983 t Clerk of Suffolk County . LI3=n93C6F:�F3�S West sixty-three and thirty-three hundredths feet to a stake set on the Northeasterly side of said road; thence, along the North- easterly side of said road , North seventy-six degrees forty min- utes and thirty seconds West two hundred and thirty-five and fifty-one hundredths feet to a stake marking a point of curve to the right whose radius is four hundred and seventeen and eleven- hundredths feet and the direction of whose radius at that point is North thirteen degrees nineteen minutes and thirty seconds East; and thence Northwestwardly, along the Northeasterly side of said road (and following the arc of said curve) , one hundred and ten and thirty-three hundredths feet to the place of beginning; containing one and seventy-five hundredths acres, more or less. TOGETHER with all the right, title and interest of the parties of the first part in and to the land under the waters of Fishers Island Sound and in and to any land which may lie between the meander lines as set forth in the above description and the actual high water mark. TOGETHER with all the right, title and interest of the parties of the first part in and to the land in the street or road adjacent to and in front of the above described property to the center line thereof. TOGETHER with such easement of record as the parties of the first part may have, for ingress to and from the premises hereby conveyed over and along the existing private roads con- necting the premises hereby conveyed with the public highway. TOGETHER with the appurtenances , and also all the estate which the said decedent had at the time of decedent' s death in said premises , and also the estate therein, which the parties of the first part have or have power to convey or dispose of , whether individually, or by virtue of said will or otherwise. BEING the same premises which was conveyed to said decedent by Fred J. Castonguay, by deed dated October 28, 1948 , and recorded in the Suffolk County Clerk' s Office, State of New York, on November 8 , 1948, in Liber 2892, Page 397. SECOND PARCEL BEGINNING at a merestone set on the Northeasterly side of a private road, belonging now or formerly to Fishers Island Estates, Inc. , said merestone being 781 . 39 feet North of a point which is 383 . 62 feet East of a monument marking the U. S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island , New York , and lies South 79 de- grees 29 minutes 46 seconds East of North Dumpling Light in Fishers Island Sound) ; and running thence from said beginning point Northwestwardly along the Northeasterly side of said road , and following the arc of a curve to the right whose radius is 417 . 11 feet and the direction of whose radius from the point at the end of said curve is North 45 degrees 00 minutes 00 seconds East , a distance of 120 . 26 feet to a point; thence -3- ARTHUR J. FELICE RECORDED JAN 083 !, Clerk of Suffolk County L,mF.9306P.Gi399 Northwestwardly continuing along the Northeasterly side of said road North 45 degrees 00 minutes 00 seconds West 268.60 feet to a point; thence along lands now or formerly of Elisha H. Cooper and Margaret M. Cooper North 35 degrees 44 minutes 10 seconds East 271. 34 feet to the point at the high water mark on the shore of Fishers Island Sound; thence with the meanders of said Sound (a) South 47 degrees 13 minutes 50 seconds East 54.49 feet; (b) South 12 degrees 35 minutes 20 seconds West 105. 54 feet; (c) South 55 degrees 44 minutes 20 seconds East 166.97 feet; and (d) South 76 degrees 50 minutes 40 seconds East 58.80 feet; and thence along lands now or formerly of Fred J. Castonguay South 19 degrees 52 minutes 30 seconds West 249. 34 feet to the point or place of beginning; containing 1.80 acres, more or less. TOGETHER with all right, title and interest of the par- ties of the first part in and to all land which may lie between the meander lines above set forth and the actual high water mark and in and to all land under the waters of Fishers Island Sound in front of and adjoining said premises. TOGETHER with an easement to the grantees, their suc- cessors and assigns, for ingress to and egress from the premises hereby conveyed over and along such private roads as now or may hereafter exist connecting the premises hereby conveyed with the public highway; provided, however, that this easement is subject to the right of Fishers Island Estates, Inc. to change the loca- tion, route or grade of said roads from time to time, provided that such change shall not prevent adequate access to the prem- ises hereby conveyed. TOGETHER with the appurtenances, and also all the estate-which the said decedent had at the time of decedent' s death in said premises, and also the estate therein, which the parties of the first part have or have power to convey or dispose of, whether individually, or by virtue of said will or otherwise. SUBJECT to an easement and right of way of Fishers Island Estates, Inc. , its successors and assigns, within a strip of land five feet wide along the first and second courses of the boundaries of said premises 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 easement and right of way for any lawful purpose whatsoever , but Fishers Island Estates, Inc. shall have the right to release the premises hereby conveyed from these particular easements and rights of way; provided, however, that whenever the surface of the ground shall be disturbed by Fishers island Estates, inc. , its successors or assigns, for the purpose of con- struction or repairing any such pole line, pipeline or conduit, it shall become the duty of Fishers Island Estates, Inc. , its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to sub- stantially the same condition as shall have existed before the time of such disturbance. -4- ARTHUR J. FELICE R E C O R D E D JAN 28 1983 Clerk of Suffolk County SUBJECT also to such additional covenants and agree- ments as remain in effect appearing in a deed dated October 29, 1948, to said decedent by Fishers Island Estates, Inc. , and re- corded as hereinafter described. BEING the same premises which was conveyed to said decedent by Fishers Island Estates, Inc. , by deed dated October 29, 1948, and recorded in the Suffolk County Clerk' s Office, State of New York, on November 8 , 1948, in Liber 2892, Page 401. THIRD PARCEL BEGINNING at a stone monument set on the Northerly side of a road forty feet wide at the Westerly end of said road, said monument being three hundred ninety-five and ninety-five hun- dredths feet North of a point which is two hundred eighty-one and nine hundredths feet East of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York, about two and one- quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minutes and forty-six sec- onds East of North Dumpling Light in Fishers Island Sound) ; and running thence South five degrees thirteen minutes and thirty seconds East forty-one and sixty-three hundredths feet to the Southerly line of said road; thence South twenty degrees forty- six minutes and fifteen seconds West two hundred twenty and eighty-two hundredths feet to an aluminum pipe set in the ground on the Northeasterly line of another road forty feet wide; thence Northwestwardly following the arc of a curve to the left whose radius is one hundred eight and sixty-five hundredths feet ( and the direction of whose radius at that point is South thirty-six degrees thirteen minutes and fifteen seconds West) a distance of fifty-eight and seventy-seven hundredths feet measured along the arc of said curve; thence North eighty-four degrees forty-six minutes and ten seconds West along the Northeasterly line of the last mentioned road a distance of twenty-six and forty-five hun- dredths feet to a stake; thence North twenty-six degrees fifty- five minutes no seconds West three hundred twenty feet to a I stake; thence North no degrees nine minutes thirty seconds East one hundred seventy and seventy-four hundredths feet to a stake on the Southeasterly line of another road forty feet wide; thence Northeastwardly following the arc of a curve to the left, whose radius is three hundred thirty-one and eleven hundredths feet (and the direction of whose radius at that point is North nine- teen degrees fourteen minutes twenty seconds West) a distance of one hundred fifty-eight and fifty-seven hundredths feet measured along the arc of said curve; thence North forty-three degrees nineteen minutes ten seconds East one hundred fifty-three and fifteen hundredths feet to a stake; thence Northeastwardly fol- lowing the arc of a curve to the right, whose radius is twenty- eight and fifty-six hundredths feet (and the direction of whose radius at that point is South forty-six degrees forty minutes fifty seconds East) a distance of twenty-five and twenty-seven hundredths feet measured along the arc of said curve to an alumi- num pipe; and thence South three degrees thirteen minutes thirty -5- ARTHUR J. FELICE R E C O R D E D 'JAN 29 1983 k Clerk of Suffolk County seconds East four hundred thirty-eight and ninety-seven hundredths feet to the point of beginning; containing three and ten hundredths acres , more or less. TOGETHER with an easement to the grantees, their suc- cessors and assigns, for ingress to and egress from the premises hereby conveyed over and along such private roads as now or may hereafter exist connecting the premises hereby conveyed with the public highway; provided , however , tha^ this easement is subject to the right of Fishers Island Estates, Inc. to change the loca- tion, route , or grade of said roads from time to time, provided that such change shall not prevent adequate access to the prem- ises hereby conveyed. TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent' s death in said premises, and also the estate therein, which the parties of the first part have or have power to convey or dispose of, whether individually, or by virtue of said will or otherwise. SUBJECT to an easement and right of way of Fishers Island Estates , Inc. , its successors and assigns, within a strip of land five feet long along the 3rd, 4th, 7th, 8th and 9th courses of the boundaries of said premises for the erection thereon of poles to support wires for the transmission of elec- tricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe lines or con- duits under the surface of said easement and right of way for any lawful purpose whatsoever , but Fishers Island Estates, Inc. shall have the right to release the premises hereby conveyed from these particular easements and rights of way; provided , however , that whenever the surface of the ground shall be disturbed by Fishers Island Estates , Inc. , its successors or assigns, for the purpose of constructing or repairing any such pole line, pipe line or conduit, it shall become the duty of Fishers Island Estates, Inc. , its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so dis- turbed to substantially the same condition as shall have existed- before xistedbefore the time of such disturbance. SUBJECT also to such additional covenants and agree- ments as remain in effect appearing in a deed dated November 24 , 1952, to said decedent by Fishers Island Estates, Inc. , and re- corded as hereinafter described. BEING the same premises which was conveyed to said decedent by Fishers Island Estates, Inc . , by deed dated November 24, 1952, and recorded in the Suffolk County Clerk' s Office, State of New York , on November 26 , 1952, in Liber 3443 , Page 460 . FOURTH PARCEL Homesite No . 1 BEGINNING at a stone monument set eight hundred and twenty-six and seventy-four hundredths feet East of a point which -6- ARTHUR J. FELICE R E C O R D E D JAN 2S 1983 Clerk of Suffolk County " ��,<<.9306racF402 is seven hundred and ninety-four and twenty-three hundredths feet North of another monument marking the U. S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy- nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound) ; and running thence North thirty-three degrees forty-seven minutes and thirty seconds West one hundred and forty-one and eight-three hundredths feet to a stake; thence North thirty-two degrees and fifty-six minutes West one hundred and seventy-one and eighty-five hundredths feet to the shore of Fishers Island Sound; thence, with the meanders of said Sound, North forty-six degrees and fifty-eight minutes East fifty-seven and three-hundredths feet, North twenty-one de- grees forty-eight minutes and ten seconds East ninety-six and ninety-three hundredths feet, North forty-eight degrees and thir- teen minutes East sixty-three and three-hundredths feet, North six degrees fifteen minutes and ten seconds East seventy-three and forty-four hundredths feet, South forty-eight degrees ten minutes and fifty seconds East twenty-five and forty-nine hun- dredths feet, South six degrees nine minutes and thirty seconds East one hundred and thirty-nine and eighty-one hundredths feet, South sixty-seven degrees fifty-four minutes and fifty seconds East seventy-four and forty-six hundredths feet, North sixty- three degrees fifty-three minutes and ten seconds East fifty-six and eighty-hundredths feet and South sixty-seven degrees twenty- seven minutes and thirty seconds East fifty-seven and thirty- eight hundredths feet to a stake; thence South eighty-eight de- grees three minutes and thirty seconds East fifty-nine and three- hundredths feet to a stake; thence South six degrees forty-six minutes and ten seconds East two hundred and twenty and fifty- four hundredths feet to a stake; and thence South sixty-seven i degrees and thirty-six minutes West two hundred and seventy-two and ninety-nine hundredths feet to the place of beginning; con- taining two and fifty-six hundredths acres, more or less. Homesite No. 2 BEGINNING at a stone monument set thirteen hundred and seventy-four and forty-eight hundredths feet East of a point which is eight hundred and twenty-four and sixty-eight hundredths feet North of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy- nine degrees twenty-nine minutes and forty-six seconds East of (North Dumpling Light in Fishers Island Sound) ; and running thence North eighty-four degrees twenty-two minutes and thirty seconds West one hundred and sixty-nine and seventeen hundredths feet to a stake; thence North sixty-five degrees forty-nine minutes and forty seconds West one hundred and thirty-nine and twenty- hundredths feet to a stake; thence North six degrees forty-six minutes and ten seconds West two hundred and twenty and fifty- four hundredths feet to the shore of Fishers Island Sound; -7- ARTHUR J. FELICE RECORDED JAN 28 1983 �, Clerk of Suffolk County thence, with the meanders of said Sound, North sixty-eight de- grees eleven minutes and fifty seconds East eighty and seventy- eight hundredths feet, North twelve degrees forty-three minutes and thirty seconds East thirty-one and seventy-eight hundredths feet, North forty-four degrees and nineteen minutes East one hun- dred and eighteen and eighty-hundredths feet, North seventy-two degrees and nine minutes East sixty-one and ninety-eight hun- dredths feet and South forty-eight degrees nine minutes and thirty seconds East eighty-five and sixty-one hundredths feet to a stake; and thence South four degrees forty-seven minutes and thirty seconds East four hundred and one and eighty-seven hun- dredths feet to the place of beginning; containing two and forty- seven hundredths acres, more or less. Homesite No. 3 BEGINNING at a stone monument set thirteen hundred and seventy-four and forty-eight hundredths feet East of a point which is eight hundred and twenty-four and sixty-eight hundredths feet North of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy- nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound) ; and running thence South eighty-two degrees forty-nine minutes and ten seconds East two hundred and twenty-six and eighteen- hundredths feet to a . stake set on the Westerly side of a road; thence, along the Westerly side of said road, South seventeen degrees fifty-four minutes and fifty seconds West one hundred feet to a stake; thence, still along the Westerly side of said road, South one hundred and eighty-nine feet to a stake; thence North seventy- five degrees fifty-.six minutes and twenty seconds West two hun- dred and twenty-nine and eighty-six hundredths feet to a stake; thence South seventy-four degrees fifty-nine minutes and fifty seconds West sixty feet to a stake; thence North fifteen degrees forty-one minutes and twenty seconds West two hundred and ninety- nine and eighty-five hundredths feet to a stake; and thence South eighty-four degrees twenty-two minutes and thirty seconds East one hundred and sixty-nine and seventeen-hundredths feet to the place of beginning; containing two and six-hundredths acres, more or less. Homesite No 4 BEGINNING at a stone momument set eight hundred and twenty-six and seventy-four hundredths feet East of a point which is seven hundred and ninety-four and twenty-three hundredths feet North of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy- nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound) ; and running thence North sixty-seven degrees and thirty-six minutes East two hundred -8- ARTHUR I FELICE RECORDED JAN 28 1983 Clerk of Suffolk County L13<<93C61.,E404 and seventy-two and ninety-nine hundredths feet to a stake; thence South Sixty-five degrees forty-nine minutes and forty sec- onds East one hundred and thirty-nine and twenty-hundredths feet to a stake; thence South fifteen degrees forty-one minutes and twenty seconds East two hundred and ninety-nine and eighty-five hundredths feet to a stake; thence South seventy-four degrees fifty-nine minutes and fifty seconds West three hundred and twenty-one and thirty-two hundredths feet to a stake; thence North fourteen degrees and nineteen minutes West one hundred and eight and forty-nine hundredths feet to a stake; and thence North twenty-nine degrees seventeen minutes and forty seconds West two hundred and fifty-one and ninety-three hundredths feet to the place of beginning; containing two and eighty-six hundredths acres, more or less. TOGETHER with all the right, title and interest of the parties of the first part in and to the land under the waters of Fishers Island Sound adjoining said premises, and the beaches and uplands. TOGETHER with all the right, title and interest of the parties of the first part in and to a small stream originating in and running through the above described premises and emptying into Fishers Island Sound and to the land under said stream. TOGETHER with all easements, rights of way and rights and privileges' of any and every nature whatsoever granted to Charles A. Goodwin, by deed made by Fishers Island Corporation, dated October 25, 1927, and recorded in the Suffolk County Clerk' s Office, State of New York, on November 28, 1927, in Liber 1318 of Deeds, Page 120. TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent' s death in said premises, and also the estate therein, which the i parties of the first part have or have power to convey or dispose of, whether individually, or by virtue of said will or otherwise. I SUBJECT, HOWEVER, as follows : ( a) to covenants, re- strictions, easements and reservations contained in the deed made by Fishers Island Corporation to Charles A. Goodwin, hereinabove mentioned , which covenants and restrictions are subject to fur- ther extensions as provided in said deed; and ( b) to the ease- ments and rights of way granted by Fishers Island Corporation to Fishers Island Telephone Corporation and Fishers Island Electric Corporation contained in deeds recorded in said Clerk' s Office ini Liber 2135 of Deeds, Page 433 , and Liber 2135 of Deeds, Page 449 , . respectively. BEING the same premises which was conveyed to said decedent by Pierre S. Du Pont, 3rd , by deed dated November 12 , 1953 , and recorded in the Suffolk County Clerk' s Office, State of New York on November 19, 1953, in Liber 3614 , Page 225. -9- t ARTHUR J. FELICE RECORDED JAN 28 1983 k. Clerk of Suffolk County FIFTH PARCEL First Lot ( a homesite) BEGINNING at a concrete monument set at the inter- section of the Southwesterly line of a private road of Fishers Island Estates, Inc. with the Northwesterly line of the private road of Fishers Island Estates, Inc. leading to the East End, said point being three hundred eighty-nine and seventy-eight hun- dredths feet North of a point which is eight hundred thirty and sixty-nine hundredths feet East of another monument marking the United States Coast and Geodetic Survey Triangulation Station "CHOCOMOUNT 2" (which said "CHOCOMOUNT 2" monument is located on the summit of the highest hill on Fishers Island, New York, and lies South seventy-nine degrees twenty-nine minutes forty-six seconds East of North Dumpling Light in Fishers Island Sound) ; and thence running along the Northwesterly line of said road on the arc of a curve to the left whose radius is three hundred thirteen and sixty-one hundredths feet and the direction of whose radius at that point is South forty-four degrees thirty-four min- utes thirty seconds East a distance of thirty-five and eighty-two hundredths feet; thence continuing along said road line South thirty-eight degrees fifty-two minutes forty seconds West one hundred ninety-three and eleven hundredths feet to a point of curve to the right whose radius is five hundred twelve and forty- four hundredths feet and the direction of whose radius at that oint is North fifty-one degrees seven minutes twenty seconds West; thence Southwestwardly continuing along said road line ( and following the arc of said curve) one hundred twelve and six hun- dredths feet; thence continuing along said road line South fifty- one degrees twenty-four minutes thirty seconds West forty-three and twenty-nine hundredths feet; thence along the Northerly line f another private road of Fishers Island Estates, Inc. , South eighty-nine degrees 'thirteen minutes ten seconds West one hundred eighty-nine and thirty hundredths feet; thence along the North- easterly line of said road North fifty-nine degrees twenty-two inutes fifty seconds West fifty-eight and fifty-nine hundredths feet to a point of curve to the right whose radius is two hundred forty-six and twenty-six feet and the direction of whose radius at that point is North thirty degrees thirty-seven minutes ten seconds East; thence Northwestwardly continuing along said road line (and following the arc of said curve) one hundred fifty and twenty-six hundredths feet; thence continuing along said road line North twenty-four degrees twenty-five minutes twenty seconds West fifty-seven and ninety-two hundredths feet to a point of curve to the left whose radius is three hundred fifty-five and ninety-two hundredths feet and the direction of whose radius at that point is South sixty-five degrees thirty-four minutes forty seconds West; thence Northwestwardly along said road line ( and following the arc of said curve) one hundred seventy-five and forty-nine hundredths feet to the Southerly line of Second Lot; thence North fifty-three degrees six minutes zero seconds East sixty and sixty-seven hundredths feet; thence North seventy-four egrees fifty-nine minutes fifty seconds East three hundred eighty-one and thirty-two hundredths feet; thence South -10- RECORDED ` ARTHUR J. FEIICE JAN ng 1983 Clerk of Suffolk County J306I I.�.400 seventy-five degrees fifty-six minutes twenty seconds East two hundred twenty-nine and eighty-six hundredths feet to a monument t the Westerly line of the private road of Fishers Island Estates, Inc. first herein mentioned, thence along said road line due South twenty-two and no hundredths feet; thence continuing along the Southwesterly line of said road South forty-one degrees thirty-seven minutes fifty seconds East one hundred thirty-four and forty-three hundredths feet to the point of beginning; con- taining 4 . 78 acres more or less . Second Lot ( not a homesite being merely an addition to a homesite) BEGINNING at a stone monument on the Southwesterly line f property now owned by John Hay Whitney, said monument being seven hundred ninety-four and twenty-three hundredths feet North f a point which is eight hundred twenty-six and seventy-four hundredths feet East of said "CHOCOMOUNT 2" monument and thence North thirty-three degrees forty-seven minutes thirty seconds West one hundred forty-one and eighty-three hundredths feet; thence North thirty-two degrees fifty-six minutes zero seconds est one hundred seventy-one and eighty-five hundredths feet to the. shore of Fishers Island Sound; thence along said shore line South sixty degrees fifty-one minutes ten seconds West sixty-nine and ninety-two hundredths feet; thence South thirty-two degrees forty minutes thirty seconds East two hundred forty-one and fifty-six hundredths feet to a point of curve to the right whose radius is eighty-four and eighty-nine hundredths feet and the irection of whose radius at that point is South fifty-seven de- grees nineteen minutes thirty seconds West; thence Southwardly ( and following the arc of said curve) seventy-four and seventy- six hundredths feet; thence South seventeen degrees forty-seven minutes zero Seconds West sixty-three and thirty-three hundredths feet to the Northeasterly side of a private road of Fishers Island Estates, Inc. , thence along said road line. South thirty- three degrees twenty-four minutes ten seconds East seventy and ninety-five hundredths feet to a point of curve to the right hose radius is four hundred ten and no hundredths feet and the direction of whose radius at that point is South thirty-eight degrees fifty-seven minutes thirty seconds West; thence South- eastwardly continuing along said road line ( and following the arc f said curve) one hundred fifty-five and sixty-four hundredths feet to a point of curve to the left whose radius is two hundred four and sixty hundredths feet and the direction of whose radius t that point is North sixty degrees forty-two minutes thirty seconds East; thence Southeastwardly continuing along said road line ( and following the arc of said curve) eighty-four and thirty-one hundredths feet; thence South fifty-two degrees fifty- four minutes thirty seconds East twenty-three and sixty-three undredths feet to the Northwesterly line of First Lot; thence or fifty-three degrees six minutes zero seconds East sixty and isixty-seven hundredths feet; thence North fourteen degrees nine- teen minutes zero seconds West one hundred eight and forty-nine hundredths feet; thence North twenty-nine degrees seventeen min- utes forty seconds West two hundred fifty-one and ninety-three -11- RECORDER t ARTHUR J. FELICE JAN 28 1983 �. Clerk of Suffolk County ILT ...... _ L Jv:93061,.GA07 hundredths feet to the point of beginning; containing 1.43 acres, more or less. TOGETHER with an easement to the grantees, their suc- cessors and assigns, for ingress to and egress from the premises hereby conveyed over and along such private roads as now or may hereafter exist connecting the premises hereby with the public highway; subject, however , to the right of Fishers Island Estates, Inc. of its 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 con- veyed. TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent' s death in said premises, and also the estate therein, which the parties of the first part have or have power to convey or dispose of, whether individually, or by virtue of said will or otherwise. SUBJECT to an easement and right of way of Fishers Island Estates, Inc. , its successors or assigns, within a strip of land five feet wide along the first nine courses of the bound- aries of the First Lot of said premises and along the seventh, eighth, ninth, tenth and eleventh courses of the Second Lot of said premises 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 main- tenance of pipe lines or conduits under the surface of said ease- ment and right of way for any lawful purpose whatsoever , but Fishers Island Estates, Inc. shall have the right to release the premises hereby conveyed from these particular easements and rights of way; provided, however , that whenever the surface of the ground shall be disturbed by Fishers Island Estates, Inc. , its successors or assigns, for the purpose of constructing or repairing any such pole line, pipe line or conduit, it shall be i come the duty of Fishers Island Estates, Inc. , its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to substantially the same condition as shall have existed before the time of such disturbance. SUBJECT to (a) easements and rights of way granted by Fishers Island Corporation to the Fishers Island Electric Corporation and the Fishers Island Telephone Corporation by deeds recorded in the Clerk ' s Office, Suffolk County; and (b) any changes in the line of said parcel by erosion or submergence or by the encroachment of the waters adjoining. SUBJECT to such covenants and agreements as remain in effect appearing in a deed dated January 31, 1962, to said dece- dent by Fishers Island Estates, Inc, and recorded as hereinafter described. BEING the same premises which was conveyed to said decedent by Fishers Island Estates, Inc. , by deed dated January 31, 1962, and recorded in the Suffolk County Clerk' s Office, State of New York on February 9, 1962, in Liber 5124 , Page 580. -12- ARTHUR J. FELICE R E C 0 R D E D JAN 28 1983 Clerk of Suffolk County 4 � _ a. 1 SOUND . ._ ISLAND x! 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