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HomeMy WebLinkAboutL 8177 P 538 a , SY 3177 3 IL _ ..- THIS INDENTURE, made the thirtieth day of " - November , nineteen hundred and seventy-six between FISHERS ISLAND DEVELOPMENT CORPORATION, a corpor- ation organized under the laws of the State of New York,. with its principal place of business in theIcity, County . and State of New York, hereinafter called the grantor, party of the first part, and PORTER J. GOSS and MARY R. GOSS as joint tenants with r 'gb.t_ of survivorship and , not as tenants in common of anibel Island, FF oZTRTa (°3,?6 hrct/f J)A1 E hereinafter called the grantee, party of the second parts WITNESSETH, that the party of the first part, in consideration of Thirty Thousand, Six Hundred Sixty _., Dollars ($30,660.00) , lawful money of the United States Ca paid by the party of the second part, does hereby grant NJ and release unto the party of the second part,' and C� unto the survivor of them, and unto such survivor 's �J heirs and assigns forever , O �3 (r� ALL that lot orP arcel of land, with the buildings and improvements thereon, in the Town of 6R Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor s (which portion is hereinafter called the "Park") lying to the east of Peninsula Road, said lot or parcel of land _ being bounded and described as follows: c, Beginning at a monument on the North- easterly side of a road, said monument being located 3916 . 09 feet North of a point which is 735. 29 feet East of another monument marking i the United States Coast and Geodetic Survey i � Triangulation Station "NIN" and thence running along a jog in said road line North 370 51' 50" East 5.41 feet to the point of beginning of the herein described tract; thence along said road line North 740 35 ' 00" West 140. 84 feet to a point of curve to the right having a radius of 405.73 feet and the direction of, whose radius _ s at that point is North 15° 25 ' 00" East; thence Nor thwestwardly along said road line, following the arc of said curve 397.99 feet to a point of Q curve to the right having a radius of 87.15 1� feet and the direction of whose radius at that point is North 71° 37 ' 10" East; thence North- wardly along the Easterly line of said road, _ following the arc of said curve 102.91 feet to CI a point of curve to the left having a radius of 1373.57 feet and the direction of whose radius at that point is North 40' 43 ' 20" West; thence r'~ Northeastwardly along the Southeasterly line r5 of another road, following the arc of said curve 252. 30 feet to an iron; thence South 49° 45 ' 00" East 503.63 feet to a monument; thence South 520 00 ' 20" West 117 . 02 feet to a monu- �� went; thence South 80 56 ' 10" West 94.97 feet to a monument; thence South 37° 51' 50" West - 106. 52 feet to the point of beginning. Containing 4.38 acres, more or less. ro i 4' w atr i�E i i r•r r q, iA>S� w ORD t� L�CTER r�i. ,QBER1S0N t.i. q"R EG V R D E D JAN 20 197' Clerk of SuErodk Caur � together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights , grants, and declarations or record, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; RESERVING to the grantor herein from the grant of the land and premises hereby conveyed easements and l rights of way within a strip of land approximately five feet wide for the erection thereon of polrys to support wires for the t.ransmi-cion of electricity for light, heat, telephone and other purposes, and for the con- y struction, 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 above described from these particular easements and rights of way; V„ PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by the grantor , its succes- sors or assigns, for the purpose of constructing or repairing any such pole line, pipe lin, or conduit, it shall becorr the duty of the grantor , its successors or assigns, forthwith, at its or their own ^xpense, 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. p The grantor hereby grants and conveys to the party of the second part, their heirs and assigns, an easement for ingress to and egress from the premises above described over and along such priiate roads as now or may hereafter exist connecting the said premises with the Pahlic highway. The grantor reserves the tight to ct.ange the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted u unto tae party of the second part, and unto the survivor of them and unto such survivor ' s heirs and assigns for- ever . PROVIDED, HOWEVER, that this conveyance is grade subject to the following covenants and agreements which are hereby entered into by the party of the second part by the acceptance hereof, their heirs and assigns, as a part of the consideration therefor : x` That the aforesaid premises sha'..l be occupied and used by the grantee, their heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the neces- sary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively desig- nated as Hom^sites !dos. That no buil9ing or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of ami building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans ( including exterior ceior scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor , its successors or assigns. That no stable for .live stock shall be erected or maintained on the aforesaid premises by the grantee, their heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of t�.n grantor , its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health trees or other vegetation in said neighbor- hood. That from and after the date hereof, the grantee, their heirs, or assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns, an annual maintenance charge, as fixed by the grantor , its successors or assigns, ihich charge, except with the consent of the owners -)f a majority of the acreage in the "Park, " shall not exceed in any one year $25. per acre of the premises hereby conveyed, such charge to be applied to tie maintenance i and repair of roads, sidewalks, sewers, and gutters, and ,111 to the collection and disposal of garbage and other refuse, PROVIDED, HOWEVER, that the grantor, its succes- sors or assigns, shall not be obligated to maintain o:- repair roads, sidewalks, sewers (except main trunk line sewers) and gutters on the premises herein conveyed; PROVIDED, FURTHER, that in no event shall the grantor be liable for any performance hereunder in excess of the amount collected by it pursuant to this paragraph. -3- r` ti s+r t r, nil f I •)�r_ And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof , or to the control of i,+ land COV?Led oy the waters of any streams, or to toe banks thereof , running through the above described ?remises, cr tc any of said waters, or t �- the use oc control of any of said waters , shall pass by this grant; that the party of the first part shall have ?j the right to raise or lower the waters of said ponds and,,:,r streams as may from time to time be found expe- dient. ; and that the rights of the party of the second part in and to the premixes hereby conveyed, snall be � . limited and bounded by the shore or .argin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part; and the party of the first part hereby reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee' s own expense, when so requested by the grantor , a lateral sewer conn,,ction with a main trunk line sewer , if there shall be one on said premises, or if such trunk line sewer shall have been brought to the pro- perty line of said premises. The grantee further covenants and agrees at all times to maintain such septic P_1 tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor . i The grantee hereby covenants and agrees that he will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams contiguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. Ali the covenants and agreements herein ex- pressed shall be binding upon the grantee, their heirs and assigns, and snall be held to run with and bind the land and premises hereby conveyed and all subsequent owners and occupants thereof, until April 15th, 1985, and 4 thereafter from term to term of twenty years upon the consent of the owners of a majority in acreage of all land within the "Park" . r� 1j Y 1 All rights and easements of access, implied or expressed, to the property herein conveyel shall be limited by and subject to such rules, regulations and 1 restrictions governing the manner of ase thereof, or the persons licensed or pngritted to use the same, as shall from time to time ` e adopted or prescribed by the grantor , its s+iccessor- ur assilnr . 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 herein referred to, shall enure to, mean or require only the right or act of the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a perF-on or corporation holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor , its successors or assigns, and the owner or owners for the time being of the land hereby conveyed , and the owners of a majority in acreage of all the property within the "Park . " The provision last preceding shall apply to cases where ie change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the v "Paris" which has been conveyed by the grantor subject to the covenants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the con- sent of the owners (other than the gcantnr) of a majority in acreage of all the land within the "Park" . PROVIDED, HOWE'IdR, that nothing in th` s deed contained shall limit the right of the grantor, its suc- cessors or assigns, to set apart such part of its lands, situated within the aforesaid "Park, " as it or they may dezem suitable for golf courses, club houses, bathing beaches or other attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the "Park" other premises deemed suitable for the con- venience of the residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their user shall not operate to confer or vest in purchasers or property owners any rights or interests in said lands. -5- %.11 'J i ,. No appurtenant or other interests in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee herein, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, tun with or are attached to the land conveyed. FJ AND the party of the first part covenants as follows: First -- That the party of the first part is seized of the said premises in fee simple, and has good right to convey the same; Second -- That the party of the second part. shall quietly enjoy the said premises; Third -- That the said premises are free fror incumbrances, except as aforesaid; Fourth -- That the party of the first part will execute or procure any further necessary assurance of the title to said premises; Fifth -- That the party of the first part will forever warrant the title to said premises, provided that no title is warranted to any land below high water mark. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be ':ereunto affixed, and cz these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION By Secretary P[esident �\ t