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Home My WebLink AboutL 5176 P 152 t.qEa5176 Po152 NO DOCUMENTARY STAMPS REQUIRED THIS INDENTURE made the 7th day of February 1962, between FISHERS ISLAND ESTATES, iINCa New York cor- poration, having its principal office at 4 East 521d Street, in the City, County and State of New York, hereinafter called w ! the grantor, Darty of the first part, and ROBERT H. COWAN, a : residing at Nook Road (no street number) Bedford Village, a a Westchester County, New York, hereinafter called the grantee, r ( party of the second part; WITNESSETH: That the party of the first part, in consideration of One hundred Dollars ($100.00) lawful money of the United States, and other good and valuable considera- tion paid by the party of the second part, does hereby grant and release unto the party of the second part, his heirs and assigns forever, ALL that lot or parcel of land in the Town of South old, 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 land now or formerly owned by the United States, known as the Fort H. G. Wright Military Reservation, Mount Prospect Tract, on the shore of Block Island Sound or the Atlantic Ocean (as said Tract was constituted prior to the exten- sion thereof by the acquisition of additional lands in condemnation proceedings instituted in 1942) and running thence northerly following the East boundary of the 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 constituted prior to such ex- tension thereof), thence crossing the East End Road and following the same course as the last to the shore of West Harbor or Fishers Island Sound; Said lot or parcel of land being bounded and des- cribed as follows: I BEGINNING at a stone monument set on the northerly side of a road forty feet wide, said monument being Eleven Hundred Seventy-eight and thirty-nine hundredths feet East of a point which is Five Hundred twenty-five and fifty-nine hundredths feet North of another monument marking the U. S. Coast and Geodetic Survey Triangulation 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 SII Chocomount and Mount Prospect and lies South 45 degrees 17 minutes 26 seconds East of North Dumpling Light in Fishers Island Sound); and running thence North 12 degree 12 minutes thirty seconds West forty-eight feet to a point; thence South 51 degrees 08 minutes 20 seconds West forty feet to a point; and thence on a straight line in a Southeasterly direction to the monument marking the point of beginning. TOGETHER with an easement to the grantee, his heirs and assigns, for ingress to and egress from the premises n 193FR5176 PAA53 2 hereby conveyed over and along such private roads as now or may hereafter exist connecting the premises 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 prevent adequate access to the remises hereby e I P Y conveyed. RESERVING, also, to the grantor, its successors and assigns from the grant of the premises hereby conveyed, an easement and right of way within a strip of land five feet wide along the three courses of the boundaries of said premises as above described for the erection thereon of poles to support wires for the transmission of elec- t L' tricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe-lines or conduits under the surface of said reser- vation for any lawful purpose whatsoever, but the grantor shall have the right to release the premises hereby son- . veyed from these particular easements and rights of way; provided, however, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the purpose of constructing or repairing any such pole line, pipe-lines or conduit, it shall be- come the duty of the grantor or its successors or assigns forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to sub- stantially the same condition as shall have existed be- fore the time of such disturbance. TO HAVE AND TO HOLD the premises hereby conveyed unto the party of the second part, his heirs and assigns iForever. SUBJECT, HOWEVER, as follows: (a) Easements and rights of way granted by Fishers Island Corporation to The Fishers Island Electric Cor- poration and The Fishers Island Telephone Corporation by deeds recorded in the Clerk's Office, Suffolk County; III (b) Covenants, restrictions, easements and reser- vations as hereinafter mentioned; (c) Applicable zoning, planning board and building and use restrictions, laws, ordinances and regulations now or hereafter in effect. i I PROVIDED, HOWEVER, that this conveyance Is made subject to the following covenants and agreements which are hereby entered into by the party of the second part for him- �!,self, his heirs and assigns, as part of the consideration jtherefor: That the above described tract or parcel of land ! does not constitute a separate homeslte but is granted and conveyed only as an addition to the homesite described as ,i Parcel containingg 2.09 acres in deed dated March 21,1,958 'made by D. WHITFIE'LD HARDY to Robert H. Cowan and recorded in the Office of the Clerk of the County of Suffolk Ion June 17, 1958, in Liber 4473 of Deeds page 03 , it being understood and agreed that this parcel and the parcel I � II to which it attaches as above mentioned shall constitute but one homeslte and are hereinafter referred to as "said home- That said homesite shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise and there shall be erected maintained thereon only one private residence for the use of - family only, together with the necessary outbuildings appurtenant thereto. That said homesite shall not be divided or subdi- vided for any purpose whatsoever. That no building or other structure shall beerec- ted on said homesite, no alterations shall be made in the ex- terior of any building or other structure heretofore or here- after erected thereon, and nothing else shall be done mater- ially affecting the appearance of said homesite except ac- cording to plans (including exterior color 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 livestock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no livestock shall be kept on any part of the property hereby conveyed, without the written consent of the 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 of trees or other vegetation in said neighborhood. That the grantee, his hers and assigns, covenant and agree to pay to the grantor, its successors or assigns, from and after January 1, 1962, an annual maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority of the acreage in the Park, shall not exceed in any one year $25 per acre of the premises hereby conveyed, such char to be .applied to the maintenance and repair of roads, side-