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HomeMy WebLinkAboutL 5185 P 135 c u0-e5185 PAGE 35 I U.S.1.R.S....h`.. THIS INDENTURE made the /T� day of May Nineteen Hundred and Sixty-two, between FISHERS ISLAND ESTATE!, 4 INC., a New York corporation, having its principal office at 14 East 52nd Street, in the City, County and State of New York hereinafter called the grantor, party of the first part �m and JOHN J. BOGERT and KATHRYN L. N. BOGERT, his wife, both residing at 393 Butternut Street, Wyckoff, New Jersey, here- inafter called the grantees, parties of the second part; WITNESSETH: That the party of the first part, in consideration of One Hundred Dollara($100.00), lawful money of the United States, and other good and valuable considera- tion paid by the parties of the second part, does hereby gran and release unto the parties of the second part, as tenants by the entirety and to the survivor of them and to the heirs and assigns of said survivor forever, ALL that lot or parcel of land in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to the grantor (which portion is hereinafter called the Park") lying easterly of the following line, viz: BEGINNING at the southeasterly corner of lend now or formerly owned by the United States, known as the Fort H. G. Wright Military Reservation, Mount Pros- pect Tract, on the shore of Block Island Sound or the Atlantic Ocean (as said Tract was constituted prior to the extension thereof by the acqulstion of additional lands in condemnation proceedings instituted in 1942) and running thence northerly following the East bound- ary of 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 constitu- ted 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 Souna; Said lot or parcel of land being bounded and described as follows: BEGINNING at a stone monument set on the Easterly side of a road fifty feet wide, said monument being Thirteen Hundred Twenty and Seventy-five hundredths feet South of a point which is Thirteen Hundred Seventy-Two and Thirty-six hundredths feet West of another monument marking the United States Coast and Geodetic Survey Tri- angulation Station NIN" (which said 'NIN" monument is located near the Western end of a ridge overlooking the South shore of Fishers Island and on the highest point between Chocomount and Mount Prospect and lies South 45 degrees 17 minutes 2b seconds East of North Dumpling Light in Fishers Island Sound); and thence running Northwardly along the Easterly side of said road (on the are of a curve to the right whose radius is Six Hundred !! Nineteen and Eighty-two hundredths feet and the direc- tion of whose radius at that point is North 83 degrees �I� 22 minutes 50 seconds East) a distance of Three Hundred T ur r F51 O5 1M �.�[i - 2 - Fifty-one and Ninety-five hundredths feet; thence along the Southeasterly line of said road North 25 degrees 54 minutes 50 seconds East One Hundred Fifty and zero hundredths feet; thence South 64 degrees 05 minutes 10 seconds East Ninety-four and Seventy-seven hundredths feet; thence South 23 degrees 30 minutes West One Hundred Thirty and zero hundredths feet; thence South 1 degree 42 minutes East Two Hundred and Fifty-seven hundredths feet; thence South S degrees 10 minutes West Seventy and zero hundredths feet; thence South 72 degree 59 minutes West One Hundred Sixty and Sixteen hundredths feet to the point of beginning; containing One and Thirty-seven hundredths acres, more or less. TOGETHER with an easement to the grantees, their heirs and assigns, for ingress to and egress from the premises hereby conveyed over and along such private roads as now or may hereafter exist connecting the prem- ises hereby conveyed with the public highway; provided, however, that the grantor hereby reserves the right to change the location, route or grade of said roads from time ,to time provided that such change .shall not pre- ' vent adequate access to the premises hereby conveyed. RESERVING to the grantor, its successors and assign , from the grant of the premises hereby conveyed, an ease- ment and right of way within a strip of land five feet wide along the first and second courses of the bounderie of said premises for the erection thereon of poles to support wires for the transmission of electricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe linea or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor shall have the right to release the premises hereby conveyed from these particular easements and rights of way; pro- video, however, that whenever the surface of the ground &hall be disturbed by the grantor, its successors or as- signs, for the purpose of constructing or repairing any such pole line, pipe line or conduit, it shall become the duty of the grantor or its successors or assigns, forthwith, at its or their own expense, to repair and re store the surface of the ground so disturbed to substan- tially the same condition as shall have existed before the time of such disturbance. TO HAVE AND TO HOLD the premises hereby conveyed unto the parties of the second part, as tenants by the entirety with a right of survivorship in the survivor of them, and to the survivor of them and to the heirs and I assigns of said survivor forever. IIIPROVIDED, HOWEVER, that this conveyance is made sub ,Jett to the following covenants and agreements which are here , by entered into by the parties of the second part for them- selves, their heirs and assigns, as a part of the considera- tion therefor: That the aforesaid premises shall be occupied and used by the grantees, their heirs and assigns, for private residential purposes only, and not otherwise and there shall be erected or maintained thereon only one private residence for the use of one family only, together with the necessary