HomeMy WebLinkAboutL 8409 P 449 C s Standard N.Y.B.T.U.Form 8001' toltiaoM—Bugain and Sale D<ed.with Covemm against Grassoi s Am—Individml or Corpootim
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
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$6. 60 -LI E.R8499 na449
THIS INDENIVBE, made the day of March nineteen hundred and seventy-eight
BETWEEN ARTHU1j . ,GREENLEAF, III and MAE W, GREE_NLEAF, -his wife, _
both now residing at 17 Monument-Street, Groton, Conn. 06340 "
IT
1000
Dist.
party of the first part, and .EDWARD ARASIMOWICZ and WALTRAUD:ARASIMOWICZ,
009. 00 his wife, both now residing at Oriental Avenue (no #), Fishers,Island, New
Sec. York - 06390 i ! J`. ,
_ -
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Blk. T _ - - - r -
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022. 001 * ,
4LOt - party-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
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00 by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
14:z" successors and assigns of the party of the second part forever,
ALL that certain plot, piehe o� parcel of land, with the-buildings and improvements thereon erected, situate,
lying and being iia ' at Fishers Island, in the Town of Southold, County of Suffolk and
State of New York, bounded and described-as follows:
BEGINNING at an iron pipe on the Northwesterly side of Wliistler Avenue, located
North 2611 feet of a point which is West 4446. 44 feet from a monument marking
the U. S. Coast and Geodetic Survey Triangulation Station 11PROS", and;
. l_ -- - - . - I
RUNNING THENCE North'22 degrees 47 milndtes-00 seconds West 161, 55 feet to a
monument;
THENCE South 67 degrees 13 minutes 00 seconds West 53.-50-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 fire wall 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 £7 degrees 13 minutes 00 seconds-East, along the Northwesterly
side cd Whistler7Avenue, 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 dwellinglset -on-the "premises
above described -arid"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,f shall have the right to maintainsaid-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 deed from Ruth Ferguson Woolfe to Edwin'H. Horning and Katherine T. Horning,
his wife, dated the lith day of March, 1977, 'conveying adjoining premises on West.
- ARTHUR J. FELICE
RECORDED APR g 1978 Clerk of Suffolk County
LIGE 8409 ns,4 D
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
w idth, the center lute 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 'runnmg South 67-degrees 13 minute§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 saiditract adjacent-to
the Northwesterly line thereof.
SUBJECT-to -covenants, restrictions and reservations in Litter 4615 cp 283, and to
covenants,- restrictions and conditions In Tiber 7204 cp 270, as follows:
1. The grantees covenant and agree with the-grantors th$t'prior to any transfer
of the premises or any portion thereof by the grantees for a consideration, the
grantees shall notify Fishers Island Development Corp. , or its successors,
hereinafter'referred to as Fidco, of their intention so to do, identifying the pro-
posed purchaser, specifying the terms and conditions of the transfer and-offering
to convey-premises or portion thereof to be-,sold to Fidco; on the -same terms and
conditions.
Within thirty(30) days after-receipt-byJFidcd of 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.. -
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 satis-
factory 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. , - -
4. Any-transfer(or conveyance of the premises or portion thereof by the 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 Clerkts
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 Fidco 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 sub-
sequent owners of the premises, it being understood that the word grantees, when
used herein, shall include the heirs,-distributees, personal representatives and
assigns of the grantees. _
ARTHUR J. FELICE
RECORDED APR 6 1978 Clerk of Suffolk County