HomeMy WebLinkAboutL 10391 P 494 A5049 1;391 P494
DECLARATION OF RECIPROCAL COVENANTS
AND
RIGHTS OF FIRST REFUSAL
k/11W' _, jar'_.
THIS AGREEMENT is dated as of the 29th day of July,
1987 and is entered into by and among HAROLD P. WILMERDING (the
"Lot 1 Owner" ) , DAVID R. WILMERDING, JR. (the "Lot 2 Owner" ) ,
BARBARA W. MACLEOD (the "Lot 4 Owner" ) and AMY W. MANNY, DAVID R.
WILMERDING, III , CHARLES T. WILMERDING and J. CHRISTOPHER WILMERDING
(collectively referred to herein as the "Lot 3 Owners" and each
individually referred to herein as a "Lot 3 Owner" ) . The Lot 1
Owner, Lot 2 Owner, Lot 3 Owners and Lot 4 Owner are collectively
referred to herein as the "Original Owners" and individually
referred to herein as an "Original Owner" .
BACKGROUND
A. The Lot 1 Owner, Lot 2 Owner and Lot 4 Owner are
children, and the Lot 3 Owners are grandchildren, of Barbara
Pratt Wilmerding, deceased (the "Decedent" ) who died owning fee
simple title to a parcel of approximately 17 . 99 acres of land on
Fishers Island in Suffolk County, New York (the "Wilmerding
Property") which is shown and described on a plan entitled
"Subdivision Plan Made for Wilmerding Property" dated November 5 ,
1985 and revised January 8 , 1987 , April 13 , 1987 and July 8 ,
1987 , made by Chandler, Palmer & King, surveyors, of Norwalk,
Connecticut, a copy of which is attached hereto as Exhibit A (the
"Subdivision Plan") .
B. Pursuant to Item TENTH of the Decedent' s duly
,L1r probated will, David R. Wilmerding, Jr. , Harold P. Wilmerding and
United States Trust Company of New York as trustees of four
) coo testamentary trusts (the "Trustees" ) hold title to the Wilmerding
Property. The Trustees have caused the Wilmerding Property to be
duly subdivided into six parcels (the "Parcels" ) as shown on the
St — Subdivision Plan, and as described by metes and bounds in exhibits
attached hereto, as follows:
Attached Exhibit Showing
Parcel Metes and Bounds Description
0o Lot 1 B
O Lot 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C
Lot3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D
f- Lot 4 E
Stony Beach (shown on the Subdivision Plan
?fop�l. 3 as "Other Lands of Wilmerding") . . . . . . . . . . . . . . F
Common Driveway Parcel . . . . . . . . . . . . . . . . . . . . . . . . G
C. The Original Owners have entered into binding
agreements with the Trustees pursuant to which the Original Owner
( /dor Original Owners named in the left hand column below have
( 1Z' purchased the Parcel or Parcels shown opposite their name or
/ names in the right hand column below, together with the improve-
r„
+-, ments thereon and rights appurtenant thereto, and also together
with and subject to the benefits and burdens established herein,
and the Trustees have sold and conveyed, or are about to convey,
such Parcels (together with such improvements, appurtenances and
rights and subject to such burdens) to the named purchaser below:
/ Purchasing Original Owner Purchased Parcel
or Original Owners or Parcels
i
� Lot 1 Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lot 1
Lot 2 Owner . . . . . . . . . . . . . . . . . . . . . . . . . Lot 2
Lot 3 Owners (jointly as tenants
in common in equal shares) . . . . . . . . . . . . . . . Lot 3
Lot 4 Owner . . . . , . . . - - - _� r.r,+ n
b )IILIE-nl A. KIN iLLA
� R� � AUG 13 087 Clerk I Sultoln Caunty