HomeMy WebLinkAboutL 11417 P 316 •T 691 .1 mdard N.1:9.T.C.Form 8002:anryuin&tlale deed, JULIUS BLUMBERG.INC..LAAbLANK PUBLISHERS
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CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the 29th day of January nineteen hundred and ninety-two,
BETWEEN
BETSEY CUSHING WHITNEY, having an address at 110 West 51st Street,
�a D " Room 4600, New York, New York 10020,
l party of the first part, and
JOHN G. BRIM and MARIA ELENA A. BRIM, husband and wife, as tenants in
common, having an address at 120 East End Avenue, New York, New York
10128,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars 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
i1 aor successors and assigns of the art of the second
art forever,
ALL that certain plot, piece or parcel of land. with the buildings and improvements thereon erected, situate,
8 lying and being in the described on Schedule A attached hereto and hereby made a part
hereof, subject to such liens, agreements, covenants, easements, restrictions,
consents and other matters of record as pertain to such land, buildings and
Irl improvements.Oao
0044
300 I 12=�! 1 ( 1=1�1 " LD1,0
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TOGETHER with all right, title and interest, if any. of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD
the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of
the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby
the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part,in compliance with Section 13 of the Lien Law, covenants that the party of the first
part will receive the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to
the payment of the cost of the improvement before using any part of the total of the same for any other purpose.
The word "party" ghall be construed as if it read "parties" whenever the sense of this indenture so requires.
(� IN WITNESS WHEREOF, the part}' of the first part has duly executed this deed the day and year first above
written.
i:we ` IN PRESENCE OF: - - - _
nit liy �Q � CJ.A,Sf'I'I(�1(i �.J l'1-ti�L
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RECOApL"`rIFEB 14 1992 W-&WP.110uA1FE Lng Whit ey, by W. Scott
__ _ _ �tMXRMXONNN her attorney in fact.
4446U 11417K318
Schedule A
Parcel 1
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 (which portion is sometimes
referred to as the "Park" ) more particularly described and
bounded as follows :
BEGINNING at a concrete monument set on the
Northeasterly side of a road forty feet wide, said monument
being 781 .39 feet North of a point which is 383 . 62 feet East
of another monument marking the U. S. Coast and Geodetic
Survey Triangulation Station "Chocomount 2 (which said
"Chocomount 2" monument is located on the summit of the
highest hill on Fishers Island, New York, about 2 . 25 miles
West of the Eastern end of Fishers Island and South 79
degrees 29 minutes and 46 seconds East of North Dumpling
Light in Fishers Island Sound) ; and running thence North 19
degrees 52 minutes and 30 seconds East 249..34 feet to the
shore of Fishers Island Sound; thence, with the meanders of
said sound, South 76 degrees 50 minutes and 40 seconds East
51 feet and North 76 degrees 9 minutes and 30 seconds East
79 . 39 feet to .a stake; thence South 32 degrees 40 minutes and
30 seconds East 241 . 56 feet to a stake marking a point of
curve to the right whose radius is 84 . 89 feet and the
direction of whose radius at that point is South 57 degrees
19 minutes and 30 seconds West;. thence Southwardly ( and
following the arc of said curve) 74 . 76 feet to a stake;
thence South 17 degrees and 47 minutes West 63 .33 feet to a
stake set on the Northeasterly side of said road; thence,
along the Northeasterly side of said road, North 76 degrees
40 minutes and 30 seconds West 235 . 51 feet to a stake marking
a point of curve to the right whose radius is 417 . 11 feet and
the direction of whose radius at that point is North 13
degrees 19 minutes and 30 seconds East; and thence
Northwestwardly, along the Northeasterly side of said road
(and following an arc of said curve) , 110 .33 feet to the
place of beginning; containing 1 . 75 acres , more or less .
TOGETHER with all the right, title and interest of
Seller in and to any land which may lie between the meander
lines set forth above and the actual high water mark, and in
and to all land under the waters of Fishers Island Sound in
front of and adjoining said premises .
ECOR
FEB 14 1992 am- r M)MY
1141�PC319
A-2
TOGETHER with all the right, title and interest of
Seller in and to the land in the street or road adjacent to
and in front of the described property, to the center line
thereof .
TOGETHER with such easement of record as Seller may
have for ingress to and egress from the described premises ,
over and along the existing private roads connecting said
premises with the public highway; provided, however , that
this easement is subject to the right of Fishers Island
Estates , Inc. to change the location, route or grade of said
roads from time to time, provided that such change shall not
prevent adequate access to the aforementioned premises .
SUBJECT also to such additional covenants and
agreements as remain in effect appearing in a deed dated
October 28, 1948, to John Hay Whitney by Fred J. Castonguay,
and recorded as hereinafter described.
BEING the same premises that was conveyed to John
Hay Whitney by Fred J. Castonguay, by deed dated October 2$,
1948, and recorded in the Suffolk County Clerk ' s Office,
State of New York, on November 8, 1948, in Liber 2892, Page
397, and subsequently conveyed to Seller by Frank S . Streeter
and United States Trust Company of New York as executors of
the will of John Hay Whitney.
Parcel 2
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 (which portion is sometimes
referred to as the "Park" ) lying easterly of the following
line, viz . :
BEGINNING at a merestone set on the Northeasterly
side of a private road, belonging now or formerly to Fishers
Island Estates, Inc . , said merestone being 781 . 39 feet North
of a point which is 383 . 62 feet East of a monument marking
the U. S. Coast and Geodetic Survey Triangulation Station
"Chocomount 2" (which said "Chocomount 2" monument is located
on the summit of the highest hill on Fishers Island, New
York, and lies South 79 degrees 29 minutes 46 seconds East of
North Dumpling Light in Fishers Island Sound) ; and running
thence from said beginning point Northwestwardly along the
Northeasterly side of said road, and following the arc of a
curve to the right whose radius is 417 . 11 feet and the
direction of whose radius from the point at the end of said
curve is North 45 degrees 00 minutes 00 seconds East, a
distance of 120 . 26 feet to a point; thence Northwestwardly
continuing along the Northeasterly side of said road North 45
-
t,.Jptu"jily
RECORAE�
. - __ FEB 141992 �Wavbmmn�Y
1141�P� �,O
A-3
degrees 00 minutes 00 seconds West 268 . 60 feet to a point;
thence along lands now or formerly of Elisha H. Cooper and
Margaret M. Cooper North 35 degrees 44 minutes 10 seconds
East 271 . 34 feet to the point at the high water mark on the
shore of Fishers Island Sound; thence with the meanders of
said Sound (a) South 47 degrees 13 minutes 50 seconds East
54 . 49 feet; (b) South 12 degrees 35 minutes 20 seconds West
105 . 54 feet; (c) South 55 degrees 44 minutes 20 seconds East
166 . 97 feet; and (d) South 76 degrees 50 minutes 40 seconds
East 58 . 80 feet; and thence along lands now or formerly of
Fred J. Castonguay South 19 degrees 52 minutes 30 seconds
West 249 .34 feet to the point or place of beginning;
containing 1 . 80 acres , more or less .
TOGETHER with all right, title and interest of
Seller in and to all land which may lie between the meander
lines set forth above and the actual high water mark and in
and to all land under the waters of Fishers Island Sound in
front of and adjoining said premises .
TOGETHER with all the right, title and interest of
Seller in and to the land in the street or road adjacent to
and in front of the described property, to the centerline
thereof .
TOGETHER with such easement of record as Seller may
have for ingress to and egress from the described premises ,
over and along the existing private roads connecting said
premises with the public highway; provided, however , that
this easement is subject to the right of Fishers Island
Estates, Inc . to change the location, route or grade of said
roads from time to time, provided that such change shall not
prevent adequate access to the aforementioned premises .
SUBJECT to an easement and right of way of Fishers
Island Estates, Inc . , its successors and assigns, within a
strip of land five feet wide along the first and second
courses of the boundaries of said premises for the erection
thereon of poles to support wires for the transmission of
electricity for light, heat , telephone and other purposes ,
and for the construction, operation and maintenance of pipe
lines or conduits under the surface of said easement and
right of way for any lawful purpose whatsoever , but Fishers
Island Estates , Inc . shall have the right to release the
premises hereby conveyed from these particular easements and
rights of way; provided, however, that whenever the surface
of the ground shall be disturbed by Fishers Island Estates ,
Inc . , its successors or assigns , for the purpose of
construction or repairing any such pole line, pipeline or
conduit, it shall become the duty of Fishers Island Estates ,
Inc . , 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.
R �FEB 14 1992 Q�1D110K At
CO'ADE.
Y
1141'7H321
A-4
SUBJECT also to such additional covenants and
agreements as remain in effect appearing in a deed dated
October 29 , 1948 , to John Hay Whitney by Fishers Island
Estates, Inc . , and recorded as hereinafter described.
BEING the same premises that was conveyed to John
Hay Whitney by Fishers Island Estates , Inc . , by deed dated
October 29 , 1948 , and recorded in the Suffolk County Clerk ' s
Office, State of New York, on November 8 , 1948 , in Liber
2892 , Page 401 , and subsequently conveyed to Seller by Frank
S. Streeter and United States Trust Company of New York, as
executors of the will of John Hay Whitney.
Said Parcel 1 and Parcel 2 being described
collectively as follows :
ALL that certain plot , piece or parcel of land,
situate, lying and being in the Town of Southold, Suffolk
County, State of New York, bounded and described as follows :
BEGINNING at a concrete monument set on the
northeasterly side of a road, 40 feet wide, said monument
being 781 .39 feet north of a point which is 383 . 62 feet east
of another monument marking the U.S. Coast and Geodetic
Survey Triangulation Station "Chocomount 1" (which said
"Chocomount 2" monument is located on the summit of the
highest hill on Fishers Island, New York about 2 1/4 miles
west of the eastern end of Fishers Island and lies South 79
degrees 29 minutes 46 seconds East of North Dumpling Light in
Fishers Island Sound;
RUNNING THENCE along the northerly side of said road
(40 feet wide) , the following courses and distances :
a) On a curve bearing to the right having a radius of
417 , 11 feet, an arc length of 120 ..26 feet;
b) North 45 degrees 00 minutes 00 seconds West, 268 . 60
feet to lands now or formerly of Alice Carey Brown
and W. L . Lyons and formerly of Elisha H. Cooper and
Margaret M. Cooper;
THENCE along said last mentioned lands North 35
degrees 44 minutes 10 seconds East , 271 .34 feet to the shore
of Fishers Island Sound;
WX
GCORAEIFEB 14 1992 MWOv.WANE
- Cr#1AgM COL11M
11417P'6322
A-5
THENCE along Fishers Island Sound, the following
courses and distances :
a) South 47 degrees 13 minutes 50 seconds East, 54 . 49
feet;
b) South 12 degrees 35 minutes 20 seconds West, 105 . 54
feet;
c) South. 55 degrees 44 minutes 20 seconds East , 166 . 97
feet;
d) South 76 degrees 50 minutes 40 seconds East , 58 . 80
feet;
e) South 76 degrees 50 minutes 40 seconds East, 51 . 00
feet;
f) North 76 degrees 09 minutes 30 seconds East, 79 . 39
feet to land now or formerly of Betsey Cushing
Whitney;
THENCE along lands now or formerly of Betsey Cushing
Whitney, the following courses and distances;
a) South 32 degrees 40 minutes 30 seconds East, 241 . 56
feet to a point of curve;
b) . On a curve bearing to .the right having a radius of
84 . 89 feet, an arc length of 74 . 76 feet;
THENCE South 17 degrees 47 minutes 00 seconds West
63 .33 feet to the northerly side of the aforesaid road;
THENCE along the northeasterly side of the aforesaid
road, the following courses and distances :
a) North 76 degrees 40 minutes 30 seconds West 235 . 51
feet to a point of curve;
b) On a curve bearing to the right having a radius of
417 . 11 feet, an arc length of 110 . 33 feet to the
point or place of BEGINNING.
TOGETHER with all the right, title and interest of
the party of the first part, of , in and to the land lying in
the street in front and adjoining said premises .
%)w'!
'R L C O R A G FEB 14 1992 Cr V P. 1pOx COUNTY