HomeMy WebLinkAboutL 12392 P 789 i
-5
Osie o� C'OA JGL�(fM LC 4'�-OS
THIS INDENTURE, made the �- day of
nineteen hundred and seventy-eight between
�) FIS EISLAND DEVELOPMENT CORPORATION, a corporation
9 organized under the laws of the State of New York, with
its principal place of business c/o Morgan Stanley s Co. ,
)L251 Avenue of the Americas, in the City, County and
State of New York, hereinafter called the grantor, party
of the first part, and ALEXANDER GASTON of 101J Lewis
Street, Greenwich, Connecticut hereinafter called the
grantee, party of the second part:
WITNESSETH, that the party of the first part,
in consideration of Seventy-six Dollars ($76.00) , lawful
money of the United' States paid by the party of' the
second part, does hereby grant and release unto the party
of the second part, his heirs and assigns forever,
Sae. OcNcrip�-ton A4cVeca
ALL that lot or parcel of land, with the
Xeasto
nd improvements thereon, in the Town of
Sou Suffolk County, State of New York, being part
oion of Fishers Island belongincl toantor
Dist. 1000 n is hereinafter called the "Park")lying to
tPeninsula Road, said lot, or parcel of land
Sec. 11 b and described as follows:
Block 1 Beginning at an on pipe on the So herly side of an
existing roadway, d iron pipe b ng located 1508.83
feet South of a poin which is 6.63 feet West of a
Lot pt. 7.00 monument marking the Un ed S tea Coast and Geodetic
Survey Triangulation Stat* NIN" , said iron pipe also
being located at a point o rve to the right having a
radius of 251.00 feet a the rection of whose radi.o�s
at_t at point is No 390 46 00" West and Cthe_nc'
�
(cunni. Southwest war y following t arc of said curve a
d-i-stance of 147.5 feet to a drill le at a point of
curve to the ri having a radius of 1 67 feet and the
direction of ose radius at that point r South 6" 04 '
410" East an hence running Southeastwardly lowing the
arc of s d curve a distance of 94.12 feet an iron
pipe; ence South 48" 13' 00" East 152.69 feet o the
shor of Block Island Sound; thence North 30" 30 55".
Ea 86.95 feet along said shore to a point; thence No h
S 52' 40" West 157.36 feet to the point of beginning.
Cant—a4*4 ng_0..38-acx es.,-mora•-esner� er—less.
together with the appurtenances, and all the estate and
rights of the party of the first part in and to said
premises;
SUBJECT to any state of facts an accurate
survey may show; and
SUBJECT to covenants, restrictions, easements,
rights, grants, and declarations of record, if any, and
easements for use of public utilities; and
SUBJECT to all applicable laws and regulations
of Federal., state and local governmental authorities;
RESERVING to the grantor herein from the grant
of the land and premises hereby conveyed easements and
rights of way within a strip of land approximately five
feet wide for the erection thereon of poles to support
wires for the transmission of electricity for light,
heat, telephone and other purposes, and for the con-
struction, operation and maintenance of pipe lines or
conduits under the surface of said reservation for any
lawful purpose whatsoever, but the grantor shall have the
right to release the premises above described from these
particular easements and rights of way;
PROVIDED, HOWEVER, that whenever the surface of
the ground shall be disturbed by the grantor, its
successors or assigns, for the purpose of constructing or
repairing any such pole line, pipe line or conduit, it
shall become the duty of the grantor, its successors or
assigns, forthwith, at its or their own expense, to
repair and restore the surface of the ground so disturbed
to substantially the same condition as shall have existed
before the time of such disturbance.
The grantor hereby grants and conveys to the
party of the second part, his heirs and assigns, an
easement for ingress to and egress from the premises
above described over and along such private roads as now
or may hereafter exist connecting the said premises with
the public highway. The grantor reserves the right to
change the location, route or grade of said roads from
time to time, provided that such change shall riot prevent
reasonably convenient and adequate access to the premises
herein conveyed nor unreasonably lengthen the distance to
be traveled to reach such public highway.
TO HAVE AND TO HOLD the premises herein granted
unto the party of the second part, his heirs and assigns
forever.
PROVIDED, HOWEVER, that this conveyance is made
subject to the following covenants and agreements which
are hereby entered into by the party of the second part
by the acceptance hereof, his heirs and assigns, as a
part of the consideration therefor:
That the aforesaid premises shall be occupied
and used by the grantee, his heirs and assigns, for
private residential purposes only, and not otherwise, and
there shall be erected thereon only a private residence
for the use of one family- only, together with the
necessary outbuildings appurtenant thereto, PROVIDED
that if more than one homesite is hereby conveyed, only
one such residence shall be erected or maintained on each
of such homesites, which are hereinbefore respectively
designated as Homesites Nos.
2
That no building or other structure shall be
erected on the aforesaid premises, no alterations shall
be made in the exterior of any building or other
structure erected thereon, and nothing else shall be done
materially affecting the appearance of the aforesaid
premises except according to plans (including exterior
color scheme, grading plan, planting plan and location
plan) which shall have been approved in writing by the
grantor, its successors or assigns.
That no stable for live stock shall be erected
or maintained on the aforesaid premises by the grantee, i
his heirs or assigns, and no live stock shall be kept on
any part of the property hereby conveyed, without the
written consent of the grantor, its successors or
assigns.
I
That the premises herein conveyed shall be kept
free from any nuisance, and from any object or condition
otherwise offensive to the neighborhood, or dangerous to
the health of trees or other vegetation in said neighbor-
hood.
That from and after the date hereof, the
grantee, his heirs, or assigns, by the acceptance of this
deed, covenants and agrees to pay to the grantor, its
successors or assigns, an annual maintenance charge, as
fixed by the grantor, its successors or assigns, which
charge, except with the consent of the owners of a
majority of the acreage in the "Park," shall not exceed
in any one year $25. per acre of the premises hereby
conveyed, such charge to be applied to the :maintenance
and repair of roads, sidewalks, sewers, and gutters, and
to the collection and disposal of garbage and other
refuse, PROVIDED, HOWEVER, that the grantor, its
successors or assigns, shall not be obligated to maintain
or repair roads, sidewalks, sewers (except main trunk
lime sewers) and gutters on the premises herein conveyed;
PROVIDED, FURTHER, that in no event shall the grantor be
liable for any performance hereunder in excess of the
amount collected by it pursuant to this paragraph.
And it is further covenanted and agreed that no
right to the land covered by the waters of any pond on
which said premises abut, or to the control thereof, or
to the control of the land covered by the wagers of any
streams, or to the banks thereof, running through the
above described premises, or to any of said .waters, or to
the use or control of any of said waters, shall pass by
this grant; that the party of the first part shall have
the right to raise or lower the waters of said ponds
and/or streams as may from time to time be found expe-
dient; and that the rights of the party of the second
part in and to the premises hereby conveyed, shall be
3
limited and bounded by the shore or margin of said ponds
and/or streams, as the same may vary from time to time or
be regulated by the party of the first part, and that the
use of said waters at all seasons, and of the land under
the same, shall be subject to the regulations of the
party of the first part= and the party of the first part
hereby reserves to itself and its assigns a7.1 the water
rights upon the premises hereby conveyed.
The grantee covenants and agrees to install
upon the premises hereby conveyed septic tanks or other
facilities for adequately disposing of all sewage
originating on said premises and further to install at
the grantee's own expense, when so requested by the
grantor, a lateral sewer connection with a main trunk
line sewer, if there shall be one on said premises, or if
such trunk line sewer shall have been brought to the
property line of said premises. The grantee further'
covenants and agrees at all times to maintain such septic
tank, facilities and/or lateral sewer connection in good
repair and proper operating condition. The plans and
specifications for the construction and/or installation
of such septic tanks, facilities and/or lateral sewer
connection shall first be approved in writing by the
grantor.
The grantee hereby covenants and agrees that he
will not knowingly permit the premises herein conveyed to
be so used that the water in any fresh water ponds and/or
streams contiguous or adjacent to said premises may to in
any way polluted or rendered unfit for potable purposes.
All the covenants and agreements herein
expressed shall be binding upon the grantee, theirheirs
and assigns, and shall be held to run with and bind the
land and premises hereby conveyed and all subsequent
owners and occupants thereof, until April 15th, 1985, 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".
All rights and easements of access, implied or
expressed, to the property herein conveyed shall. be
limited by and subject to such rules, regulations and
restrictions governing the manner of use thereof, or the
persons licensed or permitted to use the same, as shall
from time to time be adopted or prescribed by the
grantor, its successors or assigns.
The rights reserved herein to the grantor, or
to the grantor 's successors or assigns, and the consent
or approval of the grantor, its successors or assigns
herein referred to, shall enure to, mean or require only
the right or act; of the said Fishers Island !Development
Corporation, or its corporate successor, and shall not
refer to or include a person or corporation holding only
as grantee of land from said corporation.
4
PROVIDED, HOWEVER, that any of the covenants
and agreements contained in this deed of conveyance! may
be at any time and in any manner waived or changed with
the consent of the grantor, its successors or assigns,
and the owner or owners for the time being of the land
hereby conveyed, and the owners of a majority in acreage
of all the property within the "Park. "
The provision last preceding shall apply to
cases where the change contemplated is to affect less
than all the land in the "Park" which has been conveyed
by the grantor to purchasers, but where such waiver or
change shall apply to and affect all the land within the
"Park" which has been conveyed by the grantor subject to
the covenants and agreements herein set forth, said
covenants and agreements may be waived or changed with
the consent of the grantor or its successors and the
consent of the owners (other than the grantor) of a
majority in acreage of all the land within the "Park" .
PROVIDED, HOWEVER, that nothing irk this deed
contained shall limit the right of the grantor, its
successors or assigns, to set apart such part of its
lands, situated within the aforesaid "Park," as it or
they may deem suitable for golf courses, club houses,
bathing beaches or other attractions, and necessary
buildings appurtenant thereto, and also the right to set
apart in the "Park" other premises deemed suitable for
the convenience of the residents of the "Park"' to be used
w° operated for store or business purposes; but the
setting apart of any such lands and their use shall not
operate to confer or vest in purchasers air property
owners any rights or interests in said lands.
No appurtenant or other interests in the .real
property of the grantor not expressly set forth in this
instrument are hereby conveyed or transferred to the
grantee herein, and it is expressly covenanted by the
parties hereto that no rights, appurtenances, privileges
or, personal advantages not herein expressed, run with or
are attached to the land conveyed.
IN WITNESS WHEREOF, the party of the first part
has caused its corporate seal to be hereunto affixed, and
these presents to be signed by its duly authorized
officer the day and year first above written.
AT'TES FISHERS ISLAND DEVELOPMENT
CORPORA ION
H =112T4 4y
Secretary Pres de" t /
�7en gan (� aY eS/i 7r.
This deed is being re-executed by the grantor, party of the first part,
as of January Zb , 2005.
FISHERS ISLAND DEVELOPMENT
CORPORATION
By &
President
Pt-�C/ Q . GrCSP
Title No.CLC 311485
SCHEDULE A
DISTRICT: 1000 SECTION: 01 1.00 BLOCK: 01.00 LOT: p/o 007.200
PARCEL 111
All that lot or parcel of land,in the Town of Southold,Suffolk County, State of New York,being a part of that
portion of Fishers Island belonging to grantor(which portion is hereinafter called the"Park") lying to the cast of
Peninsula Road,said lot or parcel of land being bounded and described as follows:
BEGINNING at a point on the southerly side of a road 40.00 feet wide,said point being distant: 1508.83 feet
south of a point which is 996.63 west of a monument marking the United States Coast.and Geodetic Survey
Triangulation Station"NIN",said point being marked by an iron pipe on the southerly side of an existing
roadway,said iron pipe also being located at a point of a curve to the right having a radius of 251.00 feet and the
direction of whose radius at that point is North 39 degrees 46 minutes 00 seconds West: and
RUNING THENCE southwesterly following the arc of said curve it distance of 147.58 to a drill hole at a point
of curve to the right having a radius of 112.67 feet and the direction of whose radius at that point is South 06
degrees 04 minutes 40 seconds East;
THENCE southeasterly following the arc of said curve,a distance of 94.12 feet to an iron pipe;
THENCE South 48 degrees, 13 minutes 00 seconds East, 152.69 feet to the shore of Block Island Sound;
THENCE North 30 degrees 30 minutes 55 seconds East, 86.95 feet along said shore to a point;
THENCE North 44 degrees 52 minutes 40 seconds West, 157.36 feet to the point or place of BEGINNING.
i
STATE OF NEW YORK )
as. :
COUNTY OF NEW YORK )
On the ;2.'—< day of , 1978, before
me personally came JANSEN NO S, R. to me known, who,
being by me duly sworn, did depose and say that he
resides at No. 299 Hollow Tree Ridge Road, Darien,
Connecticut; that he is the President of Fishers island
Development Corporation, the corporation described in and
which executed the foregoing instrument; that he knows
the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said
corporation, and that he signed his name thereto by like
order.
Not y Pub UFA�- .
E. PEM
Notary Public. $ran of New Pork
No. 31-3076523
gwllned In Pb, York County
Cammif,im Expire, March 30, 1979
State of Florida ss:
On the 24 day of January in the year 2005 before me:, the
undersigned, personally appeared :Peter O. Crisp personally known to
me or proved to me on the basis of satisfactory evidence to be the
individual whose :name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the
instrument, and that su h >ndividur�1 made su�'�yh �appearance before
the undersigned in the p u/yl, 6 �, Q l b?:je�`/A.Y.d1nw�
(ireert t_e �'_y r other political subdivision)
in the State of State of
Florida. y�
r-. 0%t'+f P.BRAMMEa �..wc.uivl�.('.+ �• V rJ
1' MYE k'Ip JW1 2 Notary Public
9edraleolfosr,Pltleleie..nrr
Commission Expires QA J44V ►O $'
t ,
1 2
r
Number of pages RECORDED
2005 Jun 15 04:37104 PN
TORRENS Edward P.Romaine
_ CLERK OF
Serial #
SUFFOLK COUNTY
L D00012392
Certificate# P 789
DT# 04-450$6
Prior Ctf. #
Deed/ Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
FEES
Page I Filing Fee _ Mortgage Amt. _..
1. Basic Tax
Handling _—_ 5. 00 2
-- _. Additional Tax _
TP-584 Sub Totall
Notation Spec./Assit.
or
EA-52 17 (County) — Sub Total
— Spec./Add. _.
EA-52 17 (State) _ TOT. MT•G. TAX
R.P.T.S.A. _-11V __ Dual Town _Dual County t,(
r Held for Appointment •.
Comm. of Ed. 5. 00 Transl'er'rax
Affidavit ----_----_ —_— ,• : � Mansion'Tax _—
Certified Copy _ �� The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only
Sub Total YES___ or NO
Other
-- Grand Total If NO,ser.appropriate tax clause on
page#—`of this instrument.
y
100(1 011.00 01.00 /o 007.002
4 Dist_ Section Block LOR 5 Community Preservation Fuad
Real Property rt � 05019850 1000 01100 0100 007005
Consideration Amount $ -0-
Tax Service S
Agency %WH A CPF Tax Dne S -0-
Verification "AY-0
Improved
Vacant Land
6 Satisl'actitms/Discharges/Releases, List Property Owners Mailing Address
RECORD g: RETURN TO: TI) _Z10—
Stephen L. Ham, III, Esq. TD
Matthews At Item
:38 Nugent Street 'rD
Southampton„ NY 11968 --
7 Title Companj Information
Co. Name
Title# CC C ?V/ j
8 Suffolk County Recording & Endorsement Page
This page Corms part of the attached _ Dead made by:
(SPECIFY TYPE OF INSTRUMENT)
FISHERS ISLAND DEVELOPMENT LORPORATION The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the Township of — SOUTHOLD
ALEXANDER GASTON_ In the VILLAGE
--_ or HAMLET of_ FISHERS ISLAND
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD Recorded: 06/15/2005
Number of Pages: 9 At: 04:37:04 PN
Receipt Number : 05-0063796
TRANSFER TAX NUMBER: 04-45086 LIBER: D00012392
PAGEI: 789
District: Section: Block: Lot:
1000 011.00 01.00 007 .005
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $76.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $27.00 NO Handling $5 .00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $165.00 NO
TP•-584 $5.00 NO Cert.Copiea $0.00 NO
RPT $30.00 NO SCTM
$0.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $257.00
TRANSFER TAX NUMBER: 04-45086
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http://www.orps.statemy.us or PHONE (518) 473-7222
FOR COUNTY USE ONLY
C1.SWIS Code I , /),3, A Q 91 REAL PROPERTY TRANSFER REPORT
'� STATE OF NEW YORK
C2.Daft Deed Recorded I rf/la' /Q..S� I STATE BOARD OF REAL PROPERTY SERVICES
Da, Yesr *- 0
RP - 5217
C3.Book I �.� 9 I G. Peee I r � V.% I
eRSllr an ywr
PROPERTY INFORMATION
ltprwdacaem cm L(no /) _ private road off East End Road
rmnTwuwn Ines nest ._ I
LSouthold I Fishers Island 06390
D wuwat _ I
ar mos
2.Buyer LOaston I Alexander
Name wusmuiwr — uses xuu ...
L ua nay— ,ePM.
T.Tax Indicate where fulwe Tex Bills ars to he esnt
eaing it other wen buyer address(at bottom of loml L_ 1
Address caller r �' �t��earswe ..
.. L sTmn wwcra aeD srws�Twae I cm m rem --L-sA I m co"
I
4.Indium the number of Aseeaernmw IOnfy B Pert of e forest)Clmta as they epphr.
Roll Parcels transferred on the deed L✓ a of Parcels OR M Pert of a Parcel
M.Planning Board vdlh Suhdivialon Authairy Exna
5.Deed aL Subdivision Approval was Repuiued for Transfor
Property I �x L I oR l 6 .0 .6*I ac Parcel
Sim FAoeT SEE:' erne 'Kyex Approvwl foot Subdrvieim wiw Map Provided
: *entire parcel
a selrer ( FISHERS ISLAND DEVELOPMENT CORPORATION
Nems lover ruuErawmwI I
w rover rout ___
Lwt u Tmur.u. - I _..
Aral NnMC
7.Cheek the box below which mow a miaiy describes the tow of the property an The time of axis, Check tel bona below n they apply.
L Ownership Type is Condominium E
A Om Family Residential fi Agricultural I Community Service L New Construction on Vacant land E]R 2 or 3 Family Residential F Commercial 7 IrWustrial 10A.Property Iempd within an Agricultural District
C Residential Vacant Land G Apartment K Public Service IOL Buyer rwskmd a disdostro novice indicating ❑
0 Non-Rogidersial Vacant Lend H Enterm
leir art I Amusement L5 Forest that the Property is in an Agricultural District
SALE INFORMATION I 1L Check on•or mon of them mndrlera n appal"be tnnA:
11.Sete Contra"Dab I / NI / I A Sale Between Reletim cur Former Romuves
Nrwh goy Yeat B Salo Bohma n Related Compania or Farmers in Bueiness
r-lq- '1"-1 C One of the Buyers is W=a Seller
12.Data deem/TransferL'J /.-.- 1 / 05 I D Buyer or Seller is Govamrrrnt Agmaya Lending Instuoul
Nanta Def Yes, E Dood Typo not Warranty m Bargain and Sale(Specify Below)
F Sale of Fractional or Use than Fee Intense ISpecify Below)
13.Full Salo Price7 ,6 G Signifaent Change In Property Between Taxable Status and Sale Deter
f
0 D I H Sem e of Brainis included in Sale Rice
, f
(Full Sale Prim is the total amount paid cur the Property including Personal property. Itqrl
OthUnFactorsl Factors Affecting Sole Prip(Specify Below)
This payment may be in the form of meh,other property or goods,a Ihe gumption of J o se
None
mortgages or ower obligations.) Piseee round to the nserest weds dollar arrWnt.
Ice mdicabthe eem• Ldp.nanal _previously unrecorded deed
0
Property included in eel els _�� 0 0I from 1978
f f
ASSESSMENT INFORMATION-Date should reflect the latest Final Assesement Roil and Tax Bill
16 Year at Aesermant Rol from -
which Irdermalon taken I D L J 17.Taal Assessed Value(d all Portals in pension �._. �4 0 0
f f
18.Property Qsa I��,1 - -L_J 1a.sahnd Di aict num. I Fishers Island
20.Tax map Id•mMw(sl I Roil Idenstllarls)(N more than tour,attach base witlr additional idente'rrls)I
11000-011-00-01 -00-p/0. 007.002
I I I 1
CERTIFICATION
1 cenk) that W of the Ilene of Inrunmatkm enured m Ihit fl n my Due std tensest Ice Use foal or my kwmbdyf and be"and 1 understand that tbv o eking
of my Maud false wweraad or onterint fact herein%in soh ed me m the 2mvklmw Of Ihe Pend law reWhe to the anWng and n14Rf ar fabs frtwmnersa,
11--II-- � BUYER BUVER'S ATTORNEY
AISAm+aLB'l 64>41fir—
ST ••Lc-{�r� �LF01/-20/05 Ham I Stephen L., III
Alexander Gaston Frco , J-10-05 137/ PAY FAST ruses
1260 I ALARli e0ut_el/Aab $10 (631) 1 283-2400
BTNUTIMMwM - Irewr wove urrr+ser we•ma -.--
i rusn'ora wrora
ftow LV
we -- amens mala
SELLERn FLCO--]
X STATEI
FISHE� ISLAND DEVELOPMENT CORPORATION PY
B sNwerues — 1OL/3.0 /05
Peter 0. Crisp