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