HomeMy WebLinkAboutL 8361 P 493 LBER8361 O1ST�R?j SECTION BLOCK LJ �
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THIS •INDEN�TU�REat, made the day of / lam
'nineteen hundrea and'seventy-seven BETWEEN' 'F x';,• '
1 ERARD A. MATTHIESSiN of. (no street address)
Captiva, Florida, party of the first part, • and r�
n 6
THE HENRY L. FERGUSON MUSEUM, of-(no street
address) Fishers •Island, New York.. a corporation_ existing
under absolute Charter No. 8818 granted February 25, 1965
by the Board of Regents for and on behalf- of'the New York
State Education Department, party of -the second part,
c 0 WITNESSETH, that the party- of the first part, in
-' consideration of ten dollars paid by the party. of the
second part, does hereby remise, release and quitclaim unto
the party of the second part, the heirs or successors and
Q assigns of the party of the second part forever,
I
ALL that lot or parcel -of -land in the Town of
Y O Southhold, Suffolk County, State of New York, which was
c conveyed by Fishers Island Estates,Inc. to the party of the
v first part by an Indenture dated November 17, 1960 and
i recorded in the records of the Clerk of the County of
Suffolk, State of New York, at Liber 4912, page 480, being
a part of- that portion of Fishers Island now or formerly
belonging to Fishers Island Estates, Inc. (which portion is
Q hereinafter called the "Park") lying easterly of tnh follow-
f ' F ing line, viz.:
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 constituted prior to the extension thereof
� by the acquisition of additional lands in condemnation pro-
' ceedings instituted in 1942) .and running thence northerly
o • 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 consti-
tuted 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 lot or parcel of land being bounded and
described as follows:
BEGINNING at a point on the Southerly line of a
road fifty feet in width, said point being two thousand five
hundred fifty-two and five hundredth:. feet ..orth of a point
which is one thousand twenty-two and ninety-five hundredths
feet East of a monument marking the United States Coast and
Geodetic Survey Triangulation Station -"NIN" (which said
"NIN" monument is located near the.: Westexin`end of a_rid4e.
overlooking the South shore of Fishers Island and"on the
highest_point between Chocomount and Mount Prospect and
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17 y t LESTER M. ALBERTSON }
R E C 0 R U EDF DEC 19 1977 irk of Suffolk County I
BER8361 f"494
, .
.-;7 � lies $onth''forty-five degrees seventeen'.minutes and twenty-w:
x -� Bix'seconds 'East of North Dumpling Light 3n +i"shers Island:
' Sound)= and -running thence along the Southeily'side. of said
road North eighty-seven -degrees forty-two minutes forty
seconds East one hundred eighty-five and fifty-one "hundred-
ths feet to a point of curve to the left whose radius is
four hundred forty-one and sixty-seven hundredths feet and
the direction of whose radius at that point is North two
degrees seventeen minutes twenty seconds West; thence fol-
lowing along the Southerly side of said road on the arc of
said curve a distance of forty-.two and forty-nine hundred-
the feet; thence South seven degrees forty-eight minutes
-and no seconds East five and no hundredths feet to a point
on the shore of Island Pond; thence following the meanders
of said shore line (1) South nineteen .degrees fifteen
minutes and no seconds West ninety-eight and eighty-eight
hundredths feet, 12) South 'thirty-two degrees twenty-five
minutes and no seconds East two hundred thirty-seven and
ten hundredths feet, (3) South twelve degrees twenty-two
minutes and no seconds West one hundred four and forty
hundredths feet, (4) South forty degrees forty-seven minute
' and no seconds East one hundred fifty-six and thirteen hun-
dredths feet, (5) South no degrees twenty-five minutes and.
no seconds East eighty-three and sixty hundredths feet, (6)
South fifty-one degrees thirty-five minutes and no seconds
West one hundred forty-one and sixty hundredths feet, and -
(7) South sixty-seven degrees thirteen minutes "and no sec-
onds West two hundred thirty-nine and twenty hundredths
feet .to a stake; thence leaving said shore line North two
degrees four minutes and no seconds East five hundred six
and thirty hundredths feet to a point on the shore of Island.
Pond; thence following the meanders of said shore".1ine (1)
i North sixty-eight degrees thirteen minutes and no seconds
East one hundred seventeen and eleven hundredths feet; (2)
North ten degrees seven minutes and no seconds West thirty-
eight and eighty-four hundredths feet, (3) North sixty-four
degrees forty-three minutes and no seconds West eighty-
seven and seventy-three hundredths feet, (4) North no
degrees seventeen minutes and no seconds East seventy-two
and fifty-three hundredths feet, and (5) North sixty-six
degrees twenty-one minutes and "no seconds West one hundred
twenty-five and forty hundredths feet to- a stake; and- thence
I North two degrees seventeen minutes. twenty seconds West
thirty-three and no hundredths feet to the point of
beginning; containing three and fifty-seven hundredths. - .
acres, more or less. -
TOGETHER with (and as an appurtenance of said
lot). the right, title and interest of the party of the first
part in and to that small island in Island Pond, the center
of. which island is located one thousand four hundred eighty-
one and twenty hundredths feet North of a point which is r
one thousand three hundred fifty-three and sixty-two
hundredths feet East of said "NIN" monument, said island
containing seven hundredths of an acre, •more or less; and
TOGETHER with an easement to the party, of the
second part, its successors and assigns, as .an appurtenance
of said lot above described, to use the .waters of Island :
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wr•+""'.fit- � T-.._.-..-..
} ` `•' y LE$TER K ALBERTSON
R E C O R D E D j DEC 19 1977 1 Pork of Suffolk County
UBE 0361 PAGE 495
Pond lying between said lot and said small island for r
access to said small island from said lot; and
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.
This conveyance is made subject to the express
condition and limitation that the premises conveyed shall
forever be held as a nature preserve for scientific,
educational and aesthetic purposes, and shall be kept
entirely in its natural state, excepting only the maintenanc
of such fences and foot trails as may be appropriate to
effectuate the foregoing purpose without impairing the
essential natural character of the premises.
Should the premises cease to be used solely as
provided herein, then the estate hereby granted to the
party of the second part shall cease and desist and shall
revert to and vest in The Nature Conservancy, 1800 North
Kent Street, Arlington, Virginia 22209 , a non-profit
corporation organized and existing under the laws of the
District of Columbia, under the same conditions and
limitations. Said reversion shall not be automatic, but
in the nature of a right of entry for condition broken or
executory interest, which right, if exercised by T:ie
Nature Conservancy upon violation of the above conditions ,
is exercised by mailing a notice of violation by certified
mail to the party of the second part. Said notice shall
declare that the power of termination has been exercised
and shall state the breach which caused the action. A
copy of the notice shall simultaneously be recorded on the
appropriate land records .
Notwithstanding, however, in the event of ;
condemnation of all or any part of any interest in the land I l
covered by this conveyance, the land shall automatically
revert and revest in The Nature Conservancy and The
Nature Conservancy shall have the right to transfer t
or sell the property and to apply the proceeds of
condemnation to the acquisition, establishment, or maintenance
of another nature preserve.
As part of the consideration for this Deed, and
by acceptance thereof, the party of the second part agrees
to erect and maintain a permanent plaque or other appropriat
record at a prominent location on the within described
premises, bearing substantially the following statz.,ment :
"This area was acquired with the assistance of The Nature
Conservancy. "
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�" g�E� Pa�E496
LI ER
AND the party of the first part, in compliance
with Section 13 of the Lien Law hereby covenants that the
party of the first part will receive the consideration for
this conveyance and will. hold the right to receive such
consideration 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: ✓24�?/4�/GYLGr
Erard A. Matthiessen
STATE OF
COUNTY OF
On the day of IIAVO/Z 1977 ,
before me personally came ERARD A. MATTHIESSEN to me known
to be the individual described in and who executed the
foregoing instrument, and acknowledged that he executed the
same.
Notary P blic
Ro7EkY5Jo'MVof� Jew Fak
Votary PAF Ic, 096t4
Ho. ;31' York CoanN
C valifmd In h`v�1a _� 30, 1979.
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