HomeMy WebLinkAboutL 8555 P 441 iBfX� u�tf�i r_
Tzi:+ iND"WRD wade the .:9th day of
Novrmt,e:r , ninet,•en hundred and seventy-eight tietwea„
riskiLki o,,AND D64L1.OpMbNT COAPUM,'10N, a corporation
organizes .nde, u:^ laws of the State of New York, with
its principal place of business C/o Morgan Stanley 6 Co.,
1251 Avenue ,.,f the Anel icas, in the -City, County ano Y
State of New tock, hetetaaftor called the grantor, partyy
of the first parte and hVAUU D NXjj* end AUX B0f(I1Yt( hgs
wife, as saint tenants with right of Survivorship Q not ``
as tenants in common, both of 23 Jaffe Terrace, Colchester, - I
connecticute h,�reinafter called the grantee, party of the
second part:
w ITNiS58*.N that the patty of the first part,. y`'
in con side tion of Four Thousand live Hundred Pit ,<<Y
Dollars 1$4,550.001 , lawful money of the United State
paid by the patty of the second part, 4Dea hereby gran
and release unto the party of the 0e00lil part, and unto .;:
tiie survivor of them and unto such se0tivor's heirs and '
assigns forever , - -
ALL that lot ar °`
parcel of land, aith the
mulldlogs ar.•.; improvements thereon, 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 calledthe Park") lying to , `
Dist. 1000 time east of Peninsula ]toad, said lot or parcel. of lantrl�,
Sec. IO
being mounded and described as follwrss ��'
clock Beginning at on it"' pipe on the
. t pt 5 Northwesterly line of the slain fwoad to the Bast
Frio, said iron pipe being le@ated 1356.52 feet
So ith of a point which is 2837.20 feet west of
a r:K+nument sariing the United States Coast and
Geonetie Survey Triangulation Station *NINO
and thence running South 15. 251 15" Nest 80.68
feet to a point of curve to the right having a
radius of 1.2.07 feet and the direction of
whose radius at that joint is North 74e 341 450
West: thence running Southwestwardly following-
the ar-_ of said Curve 58.59 feet; thence South .
70° 38' S Mest"J.00 feet to a point of curve
to the r:ght having a radius of 19.8:1 feet and
the direction of whose radius at that point is
North live 211 gr• crest, the last three lines
running along the Southwesterly line of sa+d
Na-n Road to the East find; thence running
SOY[r,westwardly following the arc of said curve
31.J3 test to a point on the Northeasterly line
Of another road; thence North 68e 54' i0" West
52.41 feet to a point of curve to the right
having a radius of J51.62 feet anti the
direction of whose radius at that point is
Hord-. IV US, 10" Fast; thence running
Northwestwardly following the arc of said curve
1$8.12 feet to a point; thence North 36e 371
50" west 54.00 foot to an iron pipe, the las%.:. ;T-
Ore 2 B fa
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t t.iirlas k iu y
t5ree lines running $lang the northeaster
If" of said road; thence North 60. 11'
East 196,5@ feet to an iron.PiPlf tMncs ;..
7V 14' 45" Bast 169.91 felt to the iron
at tht point of beginning.
Containing 1.10 acres, more or less. "
tog^cher wit- the appurtenances, and all the estate and
rigbta of the party of the first part in and toSaidpre! sesr
.;UdJECT to any state of facts an accurate
survey say Showa and
SUBJWT to Covenants, restrictions, easements,
rights, grants, and declarations of record, if any, and
easement= for use of public utilities; and
T to
laws and
'f Federal,state andall locaplpgovefrriMental authorities;
RcSERVLNG to the grantor herein from the -
ant
of the land 4r," premises hereby conveyed easements rand
rights of wai within a strip of land approximately five
feet aide for ti;v erection thereon of poles to support
wires 'or the transw anion of electricity for light,
heat, telephone and other purposes, and for the
construction, OW;&tion and isintenance of pipe lines or
conduits under the surface of said reservation for any
lawful purpose rbatsoever, but the grantor shall have the
.' '"r
right to :release the premises above described from these
particular easements and rights of way;
PWrv1D®. RO11EVILR, that whenever the surface of
t::e ground shall oe disturbed by the grantor, its
successors cr assigns. Lor the putpose of constructingor
repairing any such pole line, pipe line or conduit, it
shall becrwe the duty of the grantor, its successors or '
assigns, /o. thwith, at its or their own expense, to
repair and restore the surface of the ground so disturbed
to substantially the same condition Me shall have existed
before the trm- of such disturbance.
The grat,tor bereoy giants and conveys to the
Party of the second part, their heirs and assigns, an
easement Lot ;ngre:s to and egress from the premises
at,uue described over and along such private roads as now
.ir say ".•reaftex exist connecting the said premises-with
tn�' puil.c ' igiiway. The grantor reserves the right to
change th._ location, route or grade of said roads from
time to time, provided that such change shall not prow"
raaxonably cQmvcnier,t and adequate access to the prei
herein conveyed nor unreasonably lengthen the dlstaneerto
be traveled to ream suc: public highway.
TO SAVE AM) M HOLD the premiaaa her in.�.
unto the party of the second part, MOMato tiN
of them and unto such survivor's heirs and ass
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%UiVIDw, Ix„tCVER, it,,, this conveyance In m+de
::ni )est t,+ in,, following covenants and agreements wL,ch
ore hetby entered into by the party of the second part
oy the acucptanee hereof, thalr heirs and assigns, ss a
part of the consideration therefore
That the aforesaid premises shall be occupied
and used by the grantee, their heity and axsigns, for
Private residential purpos.•s only, and not otherwise, and
i there shall be erected thereon only a 'private residence
11 tot the use of oil@ family only, together with the
necahsary outbuildings appurtenant thereto, Pf1DVID®
j that it more than one homesite is hereby conveyed, only
i one such residence shall be erected or maintained on each
of such homesites, which are hereinbefore respectively
designated as Romesites Ron.
'that no building or other structure shall be
erect,„ on the aforesaid premises, no alterations shall
be made in the exterior of any building or other
structure erected thereon, and nothing else shall Do done
materially affecting the appearance of the aforesaid
premises except according to plans (including exterior
color scheme, grading plan, planting plan and location
sh
,plan) which all 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,
their heirs or assigns, and no live stock shall be kept
on any part of the property hereby conveyed, without the
written concent of the grantor, its surcessors or
assigns.
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 ne•ilth u[ treen or )that vegetation in said
neigh..orh)od.
That from and after the date herself, the
irantee, tlmir heirs, or annigns, Ly the acceptance of
t,iir decd, c,-venantn and agrees to pay to the grantor,
its : uccernoir. or assigns., an annual maintenance charge,
as laxed by thi• grantor, fir, nuccessots or asnigns, which
riiar•p , except with the consent of the owners of a
majority of the acreage in ' e "park," shall not exceed
In any one year $15. per acre of the premises hereby
come/,•d, uuch charge to be applied to the maintenance
and ePiiif roads, sidewalks, hewers, and gutters, and
r,1I ', •'nl i• rt von and ,llrpnral of yatbage and other
fu; PRUVIutU, IIUWP.V1,R, that the grantor, it
s u; c•: n)ia )r assigns, shall nuc be obligated to maintain
of rcpa a roads, sidewalks, sewers (except main trunk
lin- sew,•rs) and gutters on the premiacn herein conveyedt
PROVIMX, FURTHER, that In no event shall the gtantor be
Mable f ✓r any performance hereunder In excess or the
amol.nt collected by it pursuant to this paragraph.
,
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fl. 444
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Aril rr I' Iur Ther covenanted and agreed that ,n
r . lht r Ih� Innd r•-,Voted by the waters of Any pend on
W1.r1'h olI I,r oTrseA abut, of to the control thereof, or
t" rho cr r,•1 It the land Covered by the waters of any
stn,amn, .,I to the banks there,.!, running through the
above do s,:r lbeA premratsr or to any of said waters, or to
the aa•• or control of any of as lA waters, shill pans by
fill'; grantl that the party of the first part shall have
the I rght to raise or lower the vote, It of said ponds
and:or ntroams an may Irom time to dare us found
r•■ped iontI and that the r.ghta of the party of the Second
Part in and to the premises hereby Conveyed, shall be
limit-'d and bounded by the shore or margin of said ponds
abd. ar streams, as the same may very from ties to t.am 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 tilt regulations of the
party of the first part; and the party of the first part
hereby reserves to Itself and ft.^, assigns all the wate.
rights upon the premises hereby conveyed.
The
upon the premisesgrantee
hereby con conveyedsepticsepticetanksnd agrees o or nothel
facilities for adequately disposing of all sewage
originating on sai, premien and further to install at
the irantee I own expense, when so requested by the
grantor, a lateral sewer connection with a main trunk
line sewe, , if there shall be one on said premises, or It
u:h 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
tans, facilities and/or lateral sewer connection in good
repair and proper operating condition. The plans and
specifications for the construction and/or Installation
A - of r.uch septic tanks, facilities and/or lateral sewer
coni,ection shall first be aPproved in writing by the
Y grantor.
The grantee hereby covenants and agrees that they
will not knowingly pe,mit the prvmiseo herein conveyed to
b,� :ui used that, the water in any fresh water ponds and/or
,tr,-ams contiguous or adjacent to said promises may be in p
any way poilut+•d or rendered unfit for Potable pu,pones.
All th,• vuvenarrts and agreements herein
�xpres,;.•d shall be binding upon the grantee, their heirs
and "signs, And nhall be held to run with and bind the
lent end Premises hereby conveyed and all subsequent
owners and occupants thereon, 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•.
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tie1J�1 tt 1445
All right, And iagPmvntm of acresa, Implied of
eapt� n,� J, tri the J,10 ,etly herein conveyed shall be
limited by and subject tit such talon, regulations and
rentrictinns governing the manner of use thereof, of the
Persons licensed or permitted to use the same, as shall
from time to time be adopted or preacrihed by the
grantor , Its nucceanurn or anaigns,
The rlghtA reserved herein to the grantor, or
to the ptantnr'n suceannorn or assigns, and the consent
or approval of the grantor, Its successors or assigns
herein referred to, shall enure to, groan or require only
the right of act of the said fishers Island Developsent
Corporation, or its corporate successor, and shad not
refer to or include a person or corporation holding only
as grantee of land from said corporation.
PROVIDED, HOWEVER, that any of the covenants
and agreemestn contained in this deed of conveyance may
be at any time and in any manner waived or changed with
the concent 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 in 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
covrnantn 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 in this deed
.:ontafned shall limit the right of the grantor, its
suceee,sorrs or annignrt, to set apart such part of Its
lands, situated within the aforesaid "Park," as it or
they mdy dram arltahle lot golf courses, club houses,
bathing .,eachen or other attractions, and necessary
buildings appurtenant thhteto, and also the right to set
apart in the "Park" other premisen deemed suitable for
the cony-nience of the renidenta of the 'Park" to be used
or operated for store or boniness purposesp but the
netting apart of any such lands and their use shall not
,,.pernte to vonler or vent In purchasers or property
owners any rights or interests in said lands,
No appurtenant or other interests In the real
property of the grsntor not expressly net forth in this
instrument are hereby conveyed or transferred to the
tir)rtr) I,,r446
.ir Int. 1.,r in, And It in expressly covenanted my the
plitrr•. err, t- Chet no tights, appurtenances, prlvile•les
Lr + n..l 'civ int ape r. not heroin expressed, rur, with of
Al" at',101^1 to the land ronveyed.
0'
1'ih,, Grantor covenants that the cunveyanre made
' ••r r•. I is ldr In the .o d,n try vomAe of If an tnf -n bunI-
IN WITNESS WIIERrAF, the party of the first part
has canard its corporate seal to he hereunto affixed, and
t ursr In rsrnl r. to he signed Dy its duly authorized
off rc, ehr .lay and yesr first above written,
Ai ,e..i': FISHERS 191.ANU UEVGLUPNLN'r
CORPORATION �k�i
Secretary President i � (
j
44
:•in T'E rNtw YrLNk 1
iINIU' NTA Yr1Nk I
Un the qday of 1978,
.rn mr p,., nonally came JANNLN NOYES, JN. to me known,
wa brim by me duly sworn, did depnne and qiy that he
^ nd, , al M1. 794 Hollow Tree Nidge !orad, Darien,
:,ninectlrut: that he In the President of ►Inhern island
uevelopmant Corporation, the COLporation deacrlhed in and
which exwauted the foregoing instruments that he knows
the seal of said corporations that the seal affixed to
Ndld instrument is such corporate sea L 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.
notary Publi
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