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t'%R 9805 iuE 2 !3 r
THIS INDENTURE made as of OeM05e e- , 1981/, between
FISHERS ISLAND DEVELOPMENT CORPORATION, a New York
corporation, having its principal place of business at c/o
Morgan Stanley & Company, 1251 Avenue of the Americas, New
York, New York, party of the first part, and ?oSeAT J, XeA,&e
residing at
�iLa•✓) iAftFiaN .PoA� ?t�JFotO NE,^/ YORK /OSO( 3 , . _ :A
and all other persons who shall become parties hereto by
subscribing this Indenture or a counterpart hereof or by
executing and delivering the declaration and agreement
hereinafter 2-rn3riAed, p ties CTIO of the second
BLOCK part, LOT
�ti*ITNES ®
IBMM
WHEREAS®-Fi.shersalsland Corpoiltioncr.a rNi Yor)£ u
corporation, Fishers Island Estates, Inc. , a
corporation, and the party of the first part, by various
deeds granted and conveyed to the parties of the second part
or their predecessors in title and others various lands and
premises situate at Fishers Island, in the Town of Southold ,
Suffolk County, State of New York, on that portion of
��(�5 Fishers Island formerly belonging to Fishers Island
,.. Corporation (which portion is in said deeds and hereinafter
r=gib called the "Park") lying Easterly of the following line:
se
�a,604;�
BEGINNING at the southeasterly corner of land owned by
the United States, known as the Fort H.G. Wright
: .. Military Reservation, Mount Prospect Tract, on the
shore of Block Island Sound of the Atlantic Ocean (as
1000 said Tract was constituted prior to the extension
Dist. thereof by the acquisition of additional lands in
condemnation proceedings instituted in 1942) ; and
0.07 . 00 running thence northerly following the East boundary of
Sec. the said tract of land of the United States (as the
same was constituted prior to such extension thereof)
02. 00 to the southerly line of East End Road (sometimes
Blk. called Oriental Avenue) and which point is the
northeasterly corner of said tract of land of the
008. 000 United States (as the same was constituted prior to
Lot. such extension thereof) ; thence crossing the East End
Road and following the same course as the last to the
shore of West Harbor of Fishers Island Sound;
and
WHEREAS, said Fishers Island Corporation by such deeds
of conveyance made by it, and Fishers Island Estates, Inc.
by such deeds of conveyance made by it prior to April 3 ,
1945 , imposed upon the lands and premises so conveyed
subject thereto, the covenants and agreements therein
mentioned, which were provided to run with and bind all such
lands and premises until April 15 , 1945 and thereafter from
term to term of twenty years upon the consent of the owners
of a majority in acreage of all land within the Park; and
-4
JULIETTE A. KINSELLA
- purl
7 1985 Clerk of Suffolk County
----RECORDED
t' r+y�-,. `""'4��'" •y'ds'°'p'4` ..;,� ,. B:ate=,'E'R'R`..
a i w274
"taEA$, by •n Indonturs, made as of April 3, 1941-
between
945between rashers Island fstates, Inc. and Mary E. Malnee,
Dorothy M. parties thereto, 65 therein l, Grant G. Simon$ ^provided,u roCCorMds In
d all C
who beeaa0 pa On
the office et t,ro Clerk of Suffolk 46adncovenantsiand4, 1945,
in Liber 2437 of Dead$, Page
agreements were Bucy ®ndlandsthe
andterm
premisasthereof
duly
subject
extended, in reepe
IS-
thereto, for a term of tworal years candpromg April je
1945, to run with and bind all lathe and premises subject
thereto until April
15, 1965 aeorsenteoftthe owns
of
er from term ta
tore Of twenty years
P orlty in acreage of all land within the Park? an
wmrs-A7, rishers Island Estates, ane. bi. such 1000"
of
ter
ril
uponcthe^landsdandypramisesr sof conveyedlaubject5ther c,rthe
Covenants and agreements therein ment!.ore3, which are
provided to run with and bind all lands and prerises subject.
thereto until April 15, 1965 and thereafter fror tern to
Ism ofma orityttin acreages of Allt landsnsent within th3e Pajk?r f
upon
and �
KHERI:A&, by a?: Indenture, leads as of January 7 :, 1565
s Island Estates, inc. And Grano G. 61mr.cns,
between Pisher
Erard A. Rlatthiessen and Marian Mope Smith and all other
bsrofoll thereto, as tsii. provided
IT
eoffieotheCerkof 8uf!ekCounty On APT" 131965,
in Liber 4'728 of Deeds, page 314, said covenants and
agseeme.r,ts were duly renewed and the Com the roof vas du-,
txtcr,a., 4^ reapect of all landc and premises sub 1"t
thereto, for A term of twenty ytars cnmtncing April 15,
1965, to run with and bind all lands and'pre lr," ecwloot
thereto until April i5, 1935 ._
tern of twenty
Yearso PO'I the land owithinnt c the n Park; and a
majority
RREREA$, rishcra Island Estates, Inc. and the party of
them on
the first. part by such Heeds i�cu�nytheala dsaand premises
or after April 1 , 1965, impo
so conveyed subject thereto, the covenants and agroaments
therein mentioned, which are provided to run with and bird
all lands and promises subject thereto until April 15, 19$5
and thereafter from term to term of twenty years upon the
Consent of the owners of a majority in acreage of all lards
within the Park? and
VWLR W, said covenants and agreements contained in
said deeds made by said rishers Island Corporation, fishers
Island tstates, Inc. and the PlihYtOf the
COnfirst
ftt part grrt aver
that the same may be changed
under said Mads or its successor and the consent of the
Owners (other than said grantor) of ■ majority in acreage of
all the land within the Paskf and
ort has
eeded
MMLREJ11, the party of the t:randpbenefits o!aid to s*
all rights, )manses, Privilege
d fishers 1 8
rrlsdhe`,Island eooviorstnantsoandnAgre�nts cortsined insthe
nc.
deaats,d iscecrs,aid ashaenes Island Corporation and Fishers
MRLRLAS, the parties hereto, be1r1 the grantor under
said deeds or the successor of such grantor and the Owners
lot or than said grantor) of a majority1 1n acreage of all
cf land
in acreage et alhe Park and l land within the Parking the and
deencovont to t• he to themencetual contbieinadlin aiddesire
a dead*change
to
pertaining to an annual)and to maintenance charge to be applied a d
the gutter*, andnce to the collection andir ofsdispo all of�garbage Aral '
ether refuse and to renes and to extend the term of all of
said covenants andWaca commencing lSoss9w'ehenged for
a terr Of twenty years
T14CAC1,0Pr, in considerstior of the premises and of
t.h� mut ant .geerne•nts herein contained or provided, th:e.
partieF hr,at�� agree, consent and provide an follows'
] . Said covenant% and agreements Piro thelnq aw maintenance
an cc
^aval saintenance
charge to tK apP
and TOPS it of road%, sidewalks, other refuse and gutters, and to
theQC. and
hereby)Changed,%nd in respectdispose)oft alyyly lands and preniaresubject .t
thereto, to read as follows! the
That from and afterthe
the acceptance of this%deed,
his heirs, and assigns, to the ezantor, its successors
covenants and agrees to pay
or assignsc
la) An annual basic mainteconveytd,rsuch fCharge
o
par acre of the premises hereby
to be applied to the maintenance, rapair and
improvement of roads, sidewalks, sewers, and gutters,
and to the collection and disposal of garbage and other
refuse, and
W An annual supplemental maintenance charge in
such amount inct exceod;ng $1, of1directorsof uM lned
from time to time by persons having similar powers
grantor for the peswn or Pe
and duties with resppeect to the successors or assigns of
the grantor) said charge also to be nt of liedsto the
maintenance, repair and improvpe
sidewalks, seveto end gutters. and to the establishment CJs.
and maintenance of Suitable oI seNr� fo�� to
the collection and disposal
refuse.
. * ;-
•In sstsl.lishing frog time to time the amount of
said annual supplement
pll�npplicebleetonimprowce d andSuninnt
charges may h ranee, his
pproved parcels. In no event shol' t etsd to e, in ant.
heirs, sueesasoi ataI maiintenancec�lichargs with respect
one year a supe tte grsnt*e in the
to rose than one parcel owned by parcel oed by the
-park-, provided, however, if any D wnOn
grant*•, his Mira, sticcelemen or assign* is bl
improved parcel, the wpplesrntal charge Potable Thal-
be in the aswunt Mof thebliShOd for
pleceeding sentence roved thecterr, _
Solely for purposes _
09rartee• shall include the grantee and ouch of his
spouts and
householdchildren
110 orthat
morrwere
daysresident
duringlthelyear
primary
in question.
es
.Heid basic and supplemental fu intennLcddu hwithin
shall be payable annually with full payme
fifteen 1151 dove of receipt of a written statement
therefor. l`npaid turn.ten&ncs charges are hereby tu,dv
Ifirs on the premises.
Juste the grantor Nothing herein cont-iined rhnll
oblr its tueeestors or ass: s to
maintain. repair or improve any roads, sidewalks,AY exist
sewer, !except suet, ms lni ttruck
ers orito eo leetaorr dispose
fro., time to tire) nr g'-
of any garbaoo or of^.re refuse.grl^be llab'.t " Meths
grantor, its succestora of Lai.
grantee. his heirs, suecessora or assigns for any
failure of per!ormance hereunder u:.leFs such failure :�
attributable to the negligence of the grantor, or its
successors or assigns, in which evert any suc"
liability &hall be limited to the arou^t cr_'cctrd
pursuant to this paragraph.-
2, All of said covenants and agrerrcnts including
those so changed are hereby renewed aCedo hall rm ands and
thereof is hereby extended. in rasps
premise■ subject thereto, for a term of twenty years
commsneing April 1S, 1%$5, and said covenants and
agreements shall rue. with and bind all the lards and
ranises subj*ct thereto until
pApril 1SVe� zaSuapnodn the acrea9s of all
tharssfter from term to tarn of twenty
consent of the ors of a m&jority in
wne
land within the Park.
1, �
Any owner of property subject to the above mentioned
eovsnants and agrente may become a party hereto by
signiM thio Indenture, oa delaratlon and agrart weeawmt
executing a� d*land els or commenting to the
foregoing hereto • me"I M extension.
foregoing ehaeges. genewal and