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CONSULT YOUR LAWYER•BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYrd ONLY.
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Transfer Li3Ea8369 FAGe339
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$30 . 25 THIS HNDENIURE, made the 17th day of December , nineteen hundred and seventy-seven
BET'WEE'N ELIZABETH F. WHELAN, residing at (no #) Old Harbor Road,
New Suffolk, New York,
1000
Dist. DISTTRICT SECTION SLO^ ( LnT
117 . 00 1 (_LJ ll__lv_��
Sec.
03. 00
Blk. Iparty of the first part, and DOUGLAS F. WHELAN and PATRICIA WHELAN, his wife,
008. 000 residing at 116 Woodhaven Road, Glastonbury, Connecticut,
Lot LREAL
D
TE
106` 378
party of the second part,WITNESSETH, that the party of the first part, in consideration of — .....
--------------------------- ($10. 00) ----------------------------dollars,
lawful money of the United States, 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 cgrtain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and beingkxtbBat New Suffolk, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
oP� BEGINNING at a monument which is the southwesterly corner of
the premises about to be described which point is North 23° 12 ' 20"
East 103. 54 feet distant from a monument located on the northerly
side of Old Harbor Road where the easterly line of Mason intersects
same; running thence North along land of Mason and Lockwood, North -
230 12 ' 20" East 142. 65 feet to a monument; running thence along
land of Lockwood, South 66° 37' 00" East 110. 00 feet to the center
line of a 20 foot right-of-way; thence along the center line of a
20 foot right-of-way, South 230 23 ' 00" West 142. 65 feet to a
monument; thence North 661 37 ' 00" West 109. 56 feet to a monument
at the point or place of BEGINNING.
C.' TOGETHER WITH an easement and right-of-way for purposes of
ingress and egress between said premises and Old Harbor Road for
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persons, vehicles and animals to be used in common with the successors
and assigns of James C. Whelan and Elizabeth F. Whelan, his wife and
future owners of any property abutting on said right-of-way and their
guests which right-of-way is described as follows : _
BEGINNING at a monument located on the southeasterly corner of
the above-described premises; running thence North 660 37 ' 00" West
10 feet to a point; running thence South 230 23 ' 00" West 143. 93 feet
to the northerly side of Old Harbor Road; running thence along the
Qnortherly side of Old Harbor Road, South 460 18 ' 30" East 2. 1. 32 feet
Q to a point; thence through land now or formerly of Berman, Sargeant
and Elizabeth F. Whelan, North 23" 23' 00" East, 286. 58 feet to land
-of Lockwood;' thence along land of Lockwood, North 66° 37' 00" West
10 feet to a monument located on the northeasterly corner of the
premises herein described; thence along the easterly boundary of . the
premises herein described, South 23° 23' 00" West, 142. 65 feet to
the point or place of BEGINNING. Subject to a like easement and
right-of-way over the easterly 10 feet of the premises herein
L described in favor of the successors and assigns of James C. Whelan
C� and Elizabeth F. Whelan, his wife.
\r\ TOGETHER WITH an exclusive easement and right—of—way to the
-\� parties of the cnrnnA narf . f-hair c::r rncs:nr - and assigns , from the
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i13ER8169 PAGE331 .
premises being conveyed herein over other land of the party of the
first part hereinafter described to Cutchogue Harbor for the purposes
of bathing, boating and recreation, with the right to construct and
maintain a cabana or beach house together with installation and
maintenance of electric and water lines over the following described
premises:
BEGINNING at a monument which is located on the easterly
boundary of premises being conveyed to the parties of the second
part which monument is located, North 23° 23 ' 00" East 186. 58 feet
from a monument located on the northerly side of Old Harbor Road
where the westerly line of land now or formerly of Berman intersects
same; running thence along land now or formerly of Sargeant the
following two courses and distances: (1) South 79° 31' 00" East
10. 26 feet; (2) South 54° 59 ' 00" East 197. 30 feet to the ordinary
high water mark of Cutchogue Harbor; thence along the ordinary
high water mark of Cutchogue Harbor in a northerly direction for
a distance of 30 feet more or less to a point; thence through other
land of the party of the first part the following five courses and
distances as follows: (1) North 54° 59 ' 00" West 48 feet; (2) South
18° 01 ' West 25 feet; (3) North 54° 59 ' 00" West 148. 8 feet; (4)
North 79° 31' 00" West 10. 26 feet; (5) South 230 23 ' West 5 . 13 feet
to the point or place of BEGINNING.
The party of the first part also covenants and agrees with the
parties of the second part to grant the parties of the second part,
their successors and assigns, a perpetual easement over the following
described property: ALL that parcel of land on property of the first
part which is, southerly from a line described as follows:
BEGINNING at a monument which is on the northwesterly corner
of the premises of the party of the first part which monument is
North 23° 23 ' 00" East 186. 58 feet from a monument located on the
northerly side of Old Harbor Road where the westerly line of land
now or formerly of Berman intersects same; running thence from said
point of beginning on a course of South 79° 31' 00" East across the
land of the party of the first part approximately 200 feet to the
high water mark of Cutchogue Harbor for the purpose of receiving
light, air and an unobstructed view over that portion of the real
property of the party of the first part southerly of the above-
described line to the extent that said light, air and view will be
received and enjoyed, by limiting any structure, fence, trees or
shrubs on said property or any part thereof to a height not exceeding
3 feet.
,A TVxr a/- j
BEING AND INTENDED TO BE the same premises conveyed by deed
dated April 28, 1955 and recorded in the Suffolk County Clerk' s
Office on May 25, 1955 in Liber 3892 at Page 468, of which -the'
party of the first part is the surviving spouse of James C. Whelan
who died a resident of Nassau County on September 16 , 1964.
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