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HomeMy WebLinkAboutL 11307 P 28 No COnd ldera Form 8002'1-89-20N—Bargain end Sale Decd,with Covenant against Grantors Acte—Individual or Corporation. (single sheet) a t i On CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 11387K6028 THIS INDENTURE,made the 15th day of February , nineteen hundred and ninety-one BETWEEN RITA M. CUSHMAN, as Trustee under RITA M. CUSHMAN TRUST, dated April 17 , 1981 , and Successor(s) in Trust , now residing at 5029 Roadrunner Road , Paradise Valley , Arizona 85253 party of the first part, and CHARLES E. M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER, his wife , both now residing at 2375 North 1050 East , Hartsville , Indiana 47244 party of the second part, r WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule A hereto 32643 $ RELIVED RE-AU EESSTAAT—E JUL 30 1991 \ \AI TRANSFER TAX SUFFOLK �- Y� COUNTY IJa'rF+ev .l DISTRICT SECT" ElO +,: t.OT 11 61n o �1 LhJ .. _._ TAX MAP DESIGNATION Dist. 1000 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances Seo. 008 .00 and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of Blk. 01 . 00 the party of the second part forever. Lnt(e)006 .00 AND the party of the first part covenants that the party of the first part has not done or suffered anything ( whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: p M 1� Rita M. Cushman , as Trustee under Rita M. Cushman Trust RECORDED JUL 30 1991 MW OF pP��y 11387PX30 SCHEDULE A To Deed From: Rita M. Cushman Trust To: Charles E. M. Rentschler and Suzanne Snowden Rentschler Date of Deed: February 15', 1991 A certain tract or parcel of land with the buildings thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at an iron pipe at the most Westerly corner of the herein described tract, said pipe being located 2489.98 feet North of a point which is 3523. 69 feet East of a monument marking the United States Coast and Geodetid Survey. Triangulation Station "NIN" and running thence South 68 degrees, 04 minutes and 36 seconds East 176.41 feet to a monument; thence South 47 degrees, 47 minutes and 56 seconds East 165.93 feet to a drill hole; thence South 40 degrees, 14 minutes and 23 seconds East 251.22 feet to the shore of Block Island Sound; thence North 50 'degrees, 36 minutes and 40 seconds East 399.04 feet along said shore line to a point; thence North 46 degrees, 56 minutes and 00 seconds East 83 . 67 feet along said shore line to a point; thence North 44 degrees, 35 minutes and 40 seconds West 92 .67 feet to a point; thence South 61 degrees, 28 minutes and 55 seconds West 13.39 feet to a point; thence North 83 degrees, 53 minutes and 39 seconds West 10.86 feet to a point; thence South 85 degrees, 19 minutes and 33 seconds West 69. 54 feet to a point; thence North 80 degrees, 25 minutes and 57 seconds West 519. 00 feet to an iron pipe; thence South 61 degrees, 05 minutes and 00 seconds West 171.00 feet to the iron pipe at the point of beginning. TOGETHER WITH and subject to a perpetual right of way for the purpose of ingress or egress by foot or vehicle over a gravel road extending from the northerly side of the road leading to the East End to premises abutting the above described premises on the North which are about to be conveyed to the grantees herein by separate deed. SUBJECT TO a right of way in favor of Robert J. Miller, his heirs and assigns, running Southeasterly on a course of South 23 degrees, 23 minutes and 48 seconds East from an iron pipe located on the Westerly line of the above described premises at a point which is 2521.32 feet North of a point which is 3580.44 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" to the Southwesterly line of the above-described premises. TOGETHER WITH and subject to a right of way 10 feet in width for the use and maintenance of a water line, the center line being described as follows: BEGINNING at a point which is North 61 degrees 05 minutes 00 seconds East about 20 feet from the point or place of beginning and running thence South 80 degrees 33 minutes 00 seconds West 79.90 feet to an iron pipe; and, RUNNING THENCE North 69 degrees 17 minutes 00 seconds West 1885. 3 feet to the existing water main located in said road leading to East End, and subject to said water line crossing the Northerly portion of the above described premises and extending to the main residence on said adjoining premises to the North about to be conveyed to the grantees herein. SUBJECT TO the provisions contained in the indenture conveying said right of way to John W. Hanes, dated December 10, 1956 between John W. Hanes and Fishers Island Estate, Inc. RECORDED JUL 30 1991 MWARD IMIX OOLOM 1136 7PC031 TOGETHER WITH the right of way over the 40 foot roads, laid out on Plan of Subdivision of the Eastern End of Fishers Island leading to the nearest public road. SUBJECT TO a perpetual easement or right of way for the continued use and maintenance of any public service utility lines, included in but not limited to telephone and telegraph, which may cross the above described premises and service the premises abutting the above described premises on the North about to be conveyed to the grantees herein. SUBJECT TO and together with any and all covenants, restrictions, reservations or easements of record which may benefit or affect the above described premises, including, without limitation, those recorded in Liber 8259 page 65, Liber 8864 page 360, Liber 9629 page 394, Liber 9633 page 328, Liber 9853 page 124, Liber 10793 page 337 and Liber 10827 page 432 . SUBJECT TO a permanent easement for right of way, ten feet in width, over the existing path and stairs running Northeasterly and Southeasterly over the above described premises, as appurtenant to and for the benefit of premises now or formerly of Peter Brinckerhoff adjoining the above described premises on the Southwest, the center line of which easement or right of way is bounded and described as follows: BEGINNING at a point on the second line in the above description (South 47 degrees, 47 minutes and 56 seconds East 165.93 feet) , said point being located South 47 degrees, 47 minutes and 56 seconds East 162 . 68 feet from the monument at the beginning of said second line and running thence generally Northeasterly and Southeasterly on the following fourteen courses and distances, North 28 degrees, 24 minutes and 41 seconds East 53.99 feet; North 55 degrees, 51 minutes and 47 seconds East 47. 63 feet; North 33 degrees 35 minutes and 45 seconds East 28.20 feet; North 29 degrees, 42 minutes and 55 seconds East 28.00 feet; North 39 degrees, 24 minutes and 55 seconds East 23 .23 feet; North 54 degrees, 49 minutes and 43 seconds East 18.92 feet; North 59 degrees, 05 minutes and 48 seconds East 36.28 feet; North 66 degrees, 24 minutes and 15 seconds East 44 .68 feet; North 76 degrees, 06 minutes and 51 seconds East 44.64 feet; South 79 degrees, 00 minutes and 55 seconds East 139.62 feet; North 85 degrees, 19 minutes and 33 seconds East 69.54 feet; South 83 degrees, 53 minutes and 39 seconds East 10.86 feet; North 61 degrees, 28 minutes and 55 seconds East 13 .39 feet and South 44 degrees, 35 minutes and 40 seconds East 92.67 feet to the shore of Block Island Sound. TOGETHER WITH all right, title and interest, if any, of the grantor of, in and to the lands lying between the above described premises and the mean low water mark of Block Island Sound in front of and adjoining the above described premises. SUBJECT FURTHER TO a right of first refusal in favor of Rita M. Cushman, now residing at 5029 Roadrunner Road, Paradise Valley, Arizona ("Mrs. Cushman") , as set forth herein. By accepting this deed, the grantees agree that they will not sell or otherwise transfer the above described premises unless they shall have first offered the same for sale to Mrs. Cushman in accordance with the additional terms hereof. If the grantees desire to sell or otherwise transfer the above-described premises, they shall first obtain a bona fide offer in writing from a third party for the purchase of such premises and then offer in writing to sell such premises to Mrs. Cushman at the same price and on the same terms and conditions as such bona fide offer. Mrs. Cushman shall have a period of five days from receipt of such offer within which to accept the same in writing and a period of ten days from receipt of a contract of sale incorporating the terms of such offer to sign such contract and make the required down payment thereunder. If Mrs. Cushman shall fail or refuse to accept the offer or sign the contract and make the required down payment within the aforesaid time periods, then the grantees shall be free to sell RECORDED JUL SO 1991 W"APO �"FCtX OMNTY