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HomeMy WebLinkAboutL 5231 P 559 i ' R 7\ THIS INDENTURE, made the a 4e`F day of July, nine- teen hundred and sixty-two BETWEEN ALFRED L. FERGUSON, now residing at Fishers Island, ` Town of Southold, County of Suffolk and State of New York, ` MARION B. FERGUSON, now residing at Greenwich Lodge, Green- wich, Connecticut, FISHERS ISLAND ESTATES, INC., a domestic corporation organized and existing under the laws of the State of New York with its principal offices located at 14 East 52nd Street, New York, N. Y., and FISHERS ISLAND DEVELOP} MENT CORP., a domestic corporation organized and existing un-- der the laws of the State of NfIJ p&W with its nrinci- j pal offices located at / .,yB �4 #*rr#,u "24, ,ww Fq/Cµy, i Nyi party of the first part, and ALFRED L. FERGUSON, MARION B. FERGUSON, FISHERS ISLAND ES- TATES, INC., and PISHERS ISLAND DEVELOPMENT CORP., all of the respective addresses above set forth, H party of the second part, C! W I T N E S S E T H WHEREAS, all of the above named granters and grantees are owners of ad Jacent properties situate on Fishers Island, I' Town of Southold, County of Suffolk and State of New York; and ISI WHEREAS a twenty (20) foot roadway presently services all ISI three properties and at different points lies wholly within the boundary lines of land owned by the respective parties hereto, and WHEREAS, due to the physical character- of the terrain, it Is impractical to locate said roadway along the respective r ror,erty lines, and WHEREAS, it Is the desire of the parties naretc to estPblisn tine !•resent existing roadway as a perpetual common right of way for the purpose of ingress and egress ny foot or vehicle, tc he owned by the parties hereto and their respcctive dis- tributees, le,-.al recrosentatives, successors and assifns, 4, {{ NOW THEREFORE WITNESS, that in consideration of the sum of TEN ($10.00) dollars lawful money of the United States, and jother good and valuable consideration, paid by each of the Icartles hereto to the other, recelut of which is hereby ac- krowledP_ed, each of the gartles hereto hereby grants and con- veys to the other, their respective distributees, successors or assigns, insofar as their respective lands are affected, l (la perpetual easement (a) in and over a certain right-nf-way as a private road for the purpose of ingress and egress by foot or vehicle, and (1) under the surface of said right— ,f-way for the purpose of constructing, operating, maintaining land repairing lines, pipes, conduits, equipment and facili- ties (i) for the transmission of electricity for light, heat, telephone and other purposes, (it) for the conduit and ser- ; vice of water, (111) for the cnnduit of sewerage and drainage and (iv) for the use and service of other utilities, said !!right-of-way being a twenty (20) foot roadway extending 1' I, V northwesterly from the northerly line or side of a private road owned by Fishers Island Estates, Inc, and commonly xnoun as woo EMo R040 , the center line of said roadway l�being described as follows: BEGINNING at a point on the northerly line or side of a private read situate on Fishers Island, Town of Southold, County of Suffolk and State of New York, said point being 12bO.24 feet South of a point which is 2605.22 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "East End 2" (which said "East End 2" is located on the summit of the highest hill East of East Harbor on Fishers Island, N. Y. and lies South 00 degrees ';4 minutes West of Latimer Reef Light in Fishers Is- I land Sound); and Thence running North 46 degrees 09 minutes East 19. 2.99 Feet; Thence Nnrth 41 degrees 45. minutes West 89.34 feet; Thence North 29 degrees 23 minutes West 96.6' feet; Thence North 34 degrees 49 minutes West (9.12 feet; Thence North 24 degrees 20 minutes West 61.97 feet and Thence North 18 degrees 34 minutes West 179.31 feet. �I IT IS FURTHER expressly understood and agreed: 1. That this grant of the foregoing easement shall in no way interfere with or prohibit ALFRED L. FERGUSON or MARION B. FERGUSON, their distributees, or assigns, from using all or any part of the 62.40 frontage on the private road of Fishers Island Estates, Inc. for the purpose of in- stalling their own private driveway to their premises so lone as such private driveway does not Interfere with the ease- ment hereinabove granted. 2. That the fee owner of the land in each case shall have the duty to repair and maintain the portion of said right-of-way located within the boundaries of such land. 3. That the land of Alfred L. Ferguson and Marion B. Ferguson benefited hereby shall be the parcel of land con- veyed to them by deed dated It Avausr /1" made by O.v/IED sr*M a< ^,mews" , recorded in the Office of the Clerk of the County of Suffolk in Liber 44VI of Deeds page lis ; that the land of Fishers Island Development Corporation benefited hereby shall be the two parcels of land owned by said corpo- ration described as Parcels 3 and 4 In deed dated IWVVW 7 Hi/ made by S&RAV Alda Cdw^~w to said corporation and recorded in said Clerk'e Office in Liber MISS of Deeds page )cz; and that the lands of Fishers Island Estates, Inc. bene- fited hereby shall be the parcel of land of Bald Estates ad±olning on the southwest, the said land of Alfred L. Perguson and Marion B. Ferguson, and all lands of the Estates fronting on the private road leading from said right-of-way to the dock of said Estates in East Harbor of Fishers Island Sound. 4. That Fishers Island Estates, Inc. shall have in addition, the right in perpetuity, to grant to the present an future owners and occupants of lands, and to grantees of lands,within the "Park, the right and privilege to use said right-of-way as a private road for access to said dock from the private road of said Estates first mentioned in the des- cription of Bald right-of-way, the "Park being all land ly- ing 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 At- lantic Ocean (as said Tract was constituted prior to the extension 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 ee.lu.i�a..r.wa ..wvffrfeA.wiAnafs..ArLez4elieA. ,..