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Home My WebLink AboutL 8228 P 106 Salo.d N.Y.B.1'.U.Pum,gUU.' 11-i3-2UM .,dSl Dvd.. hCa,. a ,g, C .nuo,'a Ana Iudi.adua I of C.q.u. lm 1lr CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. li a .00 1108228 PACE•106 e5� THIS INDENTURE, made the O day b€ April- nineteeri hundred and"seventy-seven - 1000 BETWEEN RUTH FERGUSON WOOLFE, now residing at Whistler Avenue (no #), dist, Fishers-Island, Town of Southold; County of Suffolk-and (State of New York 06390 - DISTRI(7, ire;to - 7 '[1-1 ^�'; - T 1. 10 8 IL 17 LI u Blk. - party of the first part, and ARTHUR A. GREENLEAF, III and MAE W. GREENLEAF, �2 his wife, both-now residing at 48 WtTistler Avenue, -Fishers_Islandr Town of of Southold, County of Suffolk and State of New York 06390 —v. ERE�CEIVR- - = E- - 7-ilCParty 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-paity 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, ALL that certain plot, &cel or parcel of land, with the buildings and improvements-thereon erected, situate,_ ' lying and being 3xih x at Fishers Island, in the Town of Southold, County of Suffolk and i State of New York, bounded-and described as follows: T _ BEGINNING atr an^iron pipe on the Northwesterly side.of Whistler Avenue,^ located North 261, 81 feet of a-point-which is West 4446, 44 feet from a monument marking the,United States Coast and Geodetic Survey Triangulation Station "PROS", and; RUNNING THENCE North 22 degrees,47 mint tes 00 seconds West 161..,55 feet ta.a monument; _ - r-. , THENCE South,67 degrees 13 minutes 00 seconds West.53._59 feet to a point;_. THENCE South 22 degrees 47 minutes 00 seconds East ,and passing through the center of a. garage-and-also-through the center of an existing firewall within the dwelling constructed on the premises, a distance of 161. 55 feet to the Northwesterly side of Whistler Avenue, -said course and distance also being along lands conveyed by Ruth Ferguson Woolfe to Edwin H. Horning and Katherine Horning, his wife; THENCE North-67 degrees 13 .minutes 00 seconds East, along the Northwesterly side of-Whistler Avenue, 53..50 feet- to the iron pipe- set at the point or place of BEGINNING. TOGETHER WITH AND SUBJECT TO an easement to maintain and continue the use of the common party wall, being the West wall of the dwelling_ set on the premises above described and the East wall of the building on the adjoining premises,to the West, which easement to maintain and continue the use of this party wall for the benefit of both.parcels of land shall be in perpetuity, and the grantees herein, and the owners of the adjoining property on the West,- their respective-heirs, successor: and .assigns, shall have the right to maintain said common wall, and to repair the same•for the use and enjoyment of the respective parcels-of land, and for the - _ continuance of the dwellings constructed on each parcel, and-such easement and use shall be in perpetuity, which easement was originally_granted and referred to in deedfromRuth Ferguson Woolfe to Edwin H. Horning and Katherine T. Horning, .his wife,. dated the 11th -day of March;. 1977i conveying the adjoining premises on the West. LESTER M. ALBERTSON RECORDED .' MAY 2 1977 Clerk of Suffolk County WER8228 PACE107 The above'described premises being further subject to a right of way for a service road crossing the above described tract, said right of way being 15 feet in width, the center line being described as follows: , - - BEGINNING at a point on the Northeasterly line- of above described tract,_ said point being located 108 feet Northwesterly from.the Southeasterly, corner of said tract and thence running South 67 degrees 13 minutes West 53. 5 feet to the South- westerly line of the above described premises.- -- - SUBJECT also to a right of way for-a water line crossing. said tract adjacent to _ the Northwesterly line thereof, SUBJECT TO covenants, restrictions and reservations in Liber 461 ep 283, and to covenants, -restrictions and conditions in Liber 7204 cp 270, as follows:_ 1. The grantees covenant and agree with the,"grantor that prior to,any transfer of _ the premises or any portion thereof by he grantees for a consideration, the grantees shall notify Fishers Island Developmen�Corp. , or its successors, hereinafter referred to"as_Fidco, of their intention so to do.. identifying thQ proposed purchaser, specifying the-term s and conditions-of the transfer and offering to cor{vey the- premises or portion thereof to be sold to Fidco, on the same terms and conditions. Within thirty-(30) days after-receipt by Fidc�o.o1 said notice,- Fidco may elect to _. purchase the_premises or portion thereof to be sold on said terms and conditions,, and-upon receipt of such election, the grantees shall convey the.premises or _ portion thereof to be, sold--to Fidco as hereinafter provided. If Fidco shall not_ elect so to purchase the premises or portion thereof to be sold, the grantees shall be free,to convey the same to the proposed_purchaser identified in said notice on the same terms and conditions specified therein, provided that such conveyance shall take-place within ninety (90) days after the earlier of (1) the expiration of the above mentioned thirty (30) day-period, or (2)-the date the grantees receive notice from Fidco that it does not elect to purchase the premises or portion thereof to be sold - - Z - - _.J ' _ 2. The provision of paragraph (1) shall apply_ to any transfer,by the grantees .without consideration, except that the purchase price at which Fidco may exercise its option shall be an amount equal-to the,then fair market value of the premises or portion thereof. 3. Within thirty (30) days after the grantees have received notice that Fidco has exercised the foregoing option, the grantees shall deliver or cause to be delivered to Fidco a Bargain and Sale Deed, in recordable form and in all respects satisfactory to Fidco. Upon the delivery of such Deed, the grantees shall vacate and surrender possession of the premises or portion thereof to Fidco. The purchase price shall thereupon be paid. I IT' _ 4. .Any transfer Fr conveyance of the premises or portion ther_eof by fhe grantees in violation of the foregoing provisions shall be void. 5. The grantees accept title to the hereinabove described premises subject to all covenants, restrictions, obligations and reservations contained in instruments recorded in the Office of the Clerk of the County of Suffolk and, in particular, those contained in a certain instrument recorded in the Suffolk County Clerk's Office in Liber 4615 of conveyances at page 283. Fidco is hereby relieved from any responsibility for either the construction or maintenance of any sanitary sewer facilities as may be required by said instrument. The grantees do hereby assume any such obligation to provide sanitary sewer facilities if required by any governmental authority and both Fided and Race, Point Corporation shall be held harmless by the grantees from any such obligation or responsibility. 6. The foregoing covenants and agreements shall run with the land, shall bind the heirs, distributees, personal representatives and assigns of the grantees and shall inure to the benefit of the successors and assigns of Fidco. Fidco shall have the same options to purchase the premises or any portion thereof against all subsequent - owners of the premises, it being understood that the word grantees, when used herein; shall iriclude the heirs, distributees; personal ""representatives and assigns of the grantees. ' -- - - - I . The grantor herein being one of grantees7 named in deed from Fishers Island Develop ment Corp, dated May 22, 1972, and recorded in Suffolk County Clerk's Office in Liber 7204 cp 270 on'July 25, 1972, the other grantor, Raymond G. Woolfe, having died a resident of Camden, Kershaw County, South Carolina on the 9th day of August, 1975, and at the th1aY 2 19T7 LESTER M. ALBERTSON RECORDED , Clerk of Suffolk County