HomeMy WebLinkAboutL 9932 P 385 I. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD REUSED BY LAWYERS ONLY
Li�,r 9932 PACE 385
THIS INDENTURE,made the V q!! day of November , nineteen hundred and eighty-five
BETWEEN GRACE E. BURR, now residing at 22 Deerhill Drive , Ho-Ho-Kus ,
NYTT New Jersey 07423 , as custodian for FRANK W. BURR, JR. , and as custod-
$260 . 00 ian for ANDREW E. BURR, and as custodian for MATTHEW P . BURR, and as
custodian for ALLISON J. BURR, under the New York Uniform Gifts to
Minors Act ,
DISTRICTSECTION BLOCK LOT
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e 1? 21 26
jparty of the first part,and PETER K . BURR, now residing at 38 North Pleasant
Avenue , Ridgewood , New Jersey 07450 ,
party of the second part,
j WITNESSETH, that the party of the first part, in consideration of TEN ($10 . 00) - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dollars,
lawful money of the United States, and other good and valuable consideration paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
An undivided one-half interest in
that certain pot, piece or parcel lan'cd with the buildings and improvements thereon erected, situate,
Lying and beingiG,C$w at Fishers Island , town of Southold , County of Suffolk
and State of New York , more specifically described in "Schedule A"
annexed hereto and made a part hereof .
17259
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MIME A. KINSELLA
DEC 10 1985
RECORDED G" Or Suffolk County
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L18ER973�„ PAGE386
SCHEDULE
Beginning at a point in the walk located Northerly of
Whistler Avenue , said point being 105 .08 feet South of a point
which is 5319 . 98 feet West of a monument marking the United
States Coast and Geodetic Survey Triangulation Station "PROS"
and thence running north 670 13 ' East 100 . 0 feet ; thence North
240 40 ' West 171.4 feet to a point ; thence South 670 46 ' West
94 . 50 feet to a point ; thence South 220 47 ' East 172 . 9 feet
to the point of beginning.
Containing 0 . 38 acres more or less ,
TOGETHER WITH the appurtenances and all the estate and rights
of the RACE POINT CORPORATION , its successors or assigns , in and
to the Premises :
TOGETHER WITH the right to use a strip of land 20 feet wide
and 100 feet long located between the Northwesterly side of Whist
Avenue (as it now exists) and the Southeasterly line of the Prem-
ises for ingress to and egress from the Premises until such time
as said strip is accepted by the Town of Southold as part of the
public road known as Whistler Avenue ; and
TOGETHER WITH the right to use for purposes of ingress to
and egress from the Premises the following described roadways
or strips of land , in common with RACE POINT CORPORATION, its
successors or assigns , owners of said roadways or strips of land ,
or parts thereof , and owners ' of property whose land is situated
on the Southeasterly side of Winthrop Drive and which was form-
erly owned by RACE POINT CORPORATION , its successors or assigns :
1 . A roadway 15 feet in width , the centerline of which is
described as follows :
Beginning at a point on the proposed Northeasterly line of
Trumbull Drive, said point being located 87 . 19 feet South of a
point which is 5535 . 35 feet West of said "PROS" monument and the
running North 670 13 ' East 606 feet ; thence North 610 43 ' East
about 97 feet ; thence North 670 13 ' East about 431 feet to the
Southwesterly line of land of the Board of Education , Fishers
Island Union Free School District No. 4 .
2 . A roadway 12 feet in width , the centerline of which is
described as follows :
Beginning at a point on the Northeasterly line of Winthrop
Drive, said point being located 26 . 01 feet South of a point whic
is 5564 . 10 feet West of said "PROS" monument and thence running
North 670 46 ' East 380 feet to the centerline , described as the
last course, of the roadway described in paragraph 3 , below.
3 . A roadway 12 feet in width, the centerline of which is
described as follows :
Beginning at a point on the Westerly line of land of the Boa
of Education, Fishers Island Union Free School District No . 4 sa
WORM" 0EC 10 1985 6
of swff IkNCN114
LIBER 9932 PAGE 387
dArZS�" located 439 . 20 feet North of a point which is 4690 . 16
211 feet West of said "PROS" mout 609nument an t encs runnfeeng
feet Wtotthe ocenterlinetoftthehencroadwae S h 27� 39 ' East about 105
page 1 , y described in paragraph 1 ,
SUBJECT TO the right of RACE POINT CORPORATION, its successors
Of assigns owners owners of said roadways and strips of land and owners
Winthrop whose land is situated on the Southeasterly
p Drive and which was formerly owned b side of
its successors or assigns , to use said roadways and strips
comprisinga p Y RACE POINT CORPORAT
portion of the Premises for purposes of Ingress
land
to and egress from their respective properties , as aforesaid .
TO HAVE AND TO HOLD the Premises herein granted unto the
Grantee, the heirs or successors and assigns of the Grantee for-
ever.
The Premises are conveyed subject to the following conditions ,
restrictions and covenants :
(a) The Premises shall be used for single or multiple
family residential purposes only and no building,
or structure shall be erected within five (5) feet ut any
boundary of the Premises ; eoutbuilding
any ding
(b) Easements for existing water pipes , sewer drains
and pipes, electrical lines and facilities and telephone
lines and facilities and the rights of third parties
maintain, repair and replace (as the case may
drains , lines and facilities which the RACE POINTCORPORATION,
its successors or assigns , Y be) said pipes ,
g , hereby reserves ;
(c) State of facts an accurate survey would show;
(d) Agreements , covenants , conditions , consents , restric-
tions , reservations and rights of way, if any, of record ;
(e) Grantee within 18 months from the date hereof
ousting and rehabilitating the Premises suitable for
dwelling use, or (i) rep-
and clearing Is (ii) demolishing the existingprivate
the land of all refuse so that thePremises
will be left in a clean and orderly condition; and
(f) Grantee covenants and agrees with RACE POINT CORPORA-
TION, its successors or assigns , that :
(1) Prior to any transfer of the Premises or any
Portion thereof by Grantee for a consideration, Grantee
shall notify RACE POINT CORPORATION, its successors or
propoassigns , of Grantee ' s intention to do so, identifying the
sed purchaser, s ecif in
the transfer and offering to cconveyhe tthesPremisesand doripor pof
ortion
thereof to be sold to RACE POINT CORPORATION, its successor
or assigns , portion
g , on the same terms and conditions . Within 30
J a days after recelPt by RACE POINT CORPORATION, its successor
or assigns , of said notice, RACE POINT CORPORATION, its
successors or assigns , may elect to purchase the Premises
or portion thereof to be sold on said terms and conditions ,
and upon receipt of. notice of such election , Grantee shall
convey the Premises or portion the r
after provided . eof to be sold to RACE
POINT CORPORATION, its successors or assigns , as herein-
or assigns , If RACE POINT CORPORATION, its successors
shall not elect so to purchase the Premises
or portion thereof to be sold , Grantee shall be free to
convey the same to the proposed purchaser identified in
RECORDED 0EC 10 1185 Qark of SuffolkNCounq
LIBER 9932 PACE 388
---�.. terms and conditions specified therei
88 nOt Ce On�Yhe"'88mC--�eauie"euar"'a:v....+r+r+v..
provided that such conveyance shall take place within 90
days after the earlier of (1) the expiration of the above-
mentioned 30-day period or (2) the date Grantee receives
notice from RACE POINT CORPORATION, its successors or assign
that it does not elect to purchase the Premises or portion
thereof to be sold .
(2) The provision of paragraph (f) (1) shall apply
to any transfer by Grantee without consideration , except
that the purchase price at which RACE POINT CORPORATION ,
its successors or assigns , may exercise its option shall
be an amount equal to the then fair market value of the
Premises or portion thereof .
(3) Within 30 days after Grantee has received notice
that RACE POINT CORPORATION , its successors or assigns ,
has exercised any of the foregoing options , Grantee shall
deliver or cause to be delivered to RACE POINT CORPORATION ,
its successors or assigns , a Bargain and Sale Deed , in re-
cordable form and in all respects satisfactory to RACE POIN
CORPORATION , its successors or assigns . Upon the delivery
of such Deed , Grantee shall vacate and surrender possession
of the Premises or portion thereof to RACE POINT CORPORATIO
its successors or assigns .
(4) Any transfer or conveyance of the Premises or por-
tion thereof by Grantee in violation of the foregoing pro-
visions shall be void .
(5) The foregoing covenants and agreements shall run
with the land , shall bind the heirs , distributees , personal
representatives and assigns of Grantee, and shall inure
to the benefit of the successors and assigns of RACE POINT
CORPORATION . RACE POINT CORPORATION, its successors or
assigns , •shall have the same options to purchase the Premis
or any portion thereof against all subsequent owners of
the Premises , it being understood that the word "Grantee."
when used in this paragraph (f) shall include the heirs ,
J distributees , personal representatives and assigns of Grant
In the event Grantee fails to comply with the conditions
set forth in paragraphs (a) or (e) , RACE POINT CORPORATION , its
successors or assigns , may enter upon the Premises and terminate
the estate hereby conveyed .
BEING AND INTENDED TO BE the same premises conveyed to the
Grantor herein by four separate deeds dated the 31st day of
July 1985 and recorded in Suffolk County Clerk ' s Office in
Liber 9845 of deeds at page 292 and at page 298 and at page
304 and at page 310 , on the 6th day of August 1985 .
RECORDED DEC 10 1985 JULIETTE A. KINSELLA
Clark of swffolk County
u