HomeMy WebLinkAboutL 11554 P 166 10656480
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DEE � a
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THIS INDENTURE, made the SIXrti- day of October,
nineteen hundred and ninety-two, between JOHN TEMPLE SWING,
residing at 61 East 86th Street, New York, New York 10028 party
of the first part, and JOHN TEMPLE SWING and L. GEORGE RIEGER as
0o TRUSTEES of the JOHN A14D DEVEREUX SWING CHARITABLE UNITRUST
673 under Agreement dated October .6,, 1992 having an address as RRH
Capital Management, Inc. , 1270 Avenue of the Americas, New York,
New York 10020, Attention: L. George Rieger, Trustee, party of
us�,elyo�,'
the second part,
WITNESSETH, that the party of the first part, for no
- 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 those certain plots, pieces or parcels of land
described as follows:
PARCEL A
/000
ALL that certain lot or parcel of land in the Town of
00700 Southold, Suffolk County, State of New York, being a part of
that portion of Fishers Island formerly belonging to Fishers
j9/00 Island Estates, Inc. ("FIEI") (which portion hereinafter called
p p �O 00 the "Park") lying easterly of the following line, viz :
BEGINNING at the southeasterly corner of land now or
formerly owned by the United States, known as the Fort H. G.
Wright Military Reservation, Mount Prospect Tract, on the shore
DOO of Block Island Sound or the Atlantic Ocean (as said Tract was
constituted prior to the extension thereof by the acquisition of
o O 70a additional lands in condemnation proceedings instituted in 1942)
and running thence northerly following the East boundary of the
620200 said tract of land now or formerly of the United States (as same
O O(p DO O was constituted prior to such extension thereof) to the
southerly line of East End Road (sometimes called Oriental
Avenue) and which point is the northeasterly corner of said
tract of land now or formerly of the United States (as same was. .
constituted prior to such extension thereof) , thence crossing
that East End Road and following the same course as the last to
the shore of West Harbor or Fishers Island Sound;
Said lot or parcel of land being bounded and described as
follows:
kEC VED
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j OCT 14 1992
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RcCORDED OCT 14 1992 am Of
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11554PG16'7
• BEGINNING at a point on the Westerly side of a private
road formerly of FIEI, said point being three thousand eight
and eighty hundredths feet South of a point which is eight
thousand three hundred seventy-six and twenty-nine hundredths
feet West of a monument marking the U. S. Coast and Geodetic
Survey Triangulation Station "Chocomount 2" (which said
"Chocomount 2" monument is located on the highest hill on
Fishers Island, N.Y. , about two and one-quarter miles West of
the Eastern end of Fishers Island and lies South 79 degrees 29
minutes 45 seconds East of North Dumpling Light in Fishers
Island Sound) ; and thence running North 82 degrees 30 minutes 20
seconds West one hundred forty-five and eighty hundredths feet
to a post at the shore of West Harbor; thence with the meanders
of said shore line on the following two courses; North 30
degrees 37 minutes 00 seconds East one hundred forty-one and
thirty-six hundredths feet and North 14 degrees 22 minutes 40
seconds East two hundred fifty-one and seventy-eight hundredths
feet; thence South 69 degrees 01 minute 50 seconds East thirty-
eight feet to said road line; thence along said road line South
20 degrees 58 minutes 10 seconds West sixteen feet to a point
of curve to the left, whose radius is five hundred sixty-nine
and sixty-five hundredths feet and the direction of whose radius
at that point is South 69 degrees 01 minute 50 seconds East;
thence Southwardly along said road line on the arc of said curve
three hundred forty-nine and eight hundredths feet to the point
of beginning; containing 0. 50 of an acre, more or less.
TOGETHER with an easement to the grantee, his heirs and
assigns, for ingress to and egress from said lot above
described, over and along such private roads as now or may
hereafter exist connecting the premises hereby conveyed with the
public highway; provided, however, that FIEI hereby reserved the
right 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 premises hereby conveyed.
RESERVING to FIEI, its successors and assigns, from the
grant of the premises hereby conveyed, an easement and right of
way within a strip of land five feet wide along the fifth and
sixth courses of the boundaries of the premises hereby conveyed,
as above described, 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 reservation for any lawful purpose whatsoever,
but FIEI 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
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be disturbed by FIEI, its successors or meal ns, for the purpose
of constructing or repairing any such pole I1jne, pips lima or
conduit, it shall become the duty of FIEI or its successors or
assigns, forthwith, At its or their own expense, to repair and
restore the surface of the ground so disturbed to substantially N
the sere condition as shall have existed before the time of such
disturbance.
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PROVIDED, NONEVER, that this conveyance is made subject to
the following covenants and agreements which are hereby entered
nto ti.;. ass! ns,tas Warty of the second part for himself, his heirs and
g part of the consideration therefor:
That the land hereby conveyed does not constitute a a
i
,u. operate homuite but is granted and conveyed only as an
addition to the homesite heretofore granted and conveyed by sr'.
Fishers Island Corporation to Annette P. Dederick by deedc dated August 28, 1'128 and August 8, 1910 both recorded in the office
of the Clerk of the County of Suffolk on November 11, 1910 - .�
Deed ctively in Liber 2111 of Deeds, Page 1 and Liber 2111 of .
and the page
omesits to it which itdAttaehesashallrconnstitute butonehomesite and are hereinafter sometimes referred to as •said
homesite",
That said homesite shell be occupied and used by the
grantee, his heirs and assigns for private residential purposes
only and not otherwise, and there shall be erected and used
thereon only one private residence for the use of one family .
ohentoogether(which With the necessary outbuildings appurtenant '.
f'.. land hereby conveeadock Andsmallnt houode upon the
eyed,
That said homasits shall not be divided or subdivided for r
any Purpose whatsoever.
M That no building
the prestos constituting
other structure shall be erected on s.
:. � ng said homesits, no alterations shall be
made in the exterior of any building or other structure
heretofore or hereafter erected thereon, and nothing
be done materially affecting the appearance of theelse shall
.& constituting said homesite exceptpremises
r „ exterior color scheme, according to plain (including
Plan) Mich shell have b9erin19 plan, Plant l.n7g plan and location
successors or assigns. approved in writing by FIEI, its
s That no stable for livestock shall be erected or
maintained on the premises constituting said booesite by the
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110-54P6169
grantee, his heirs or assigns, and no livestock shall be kept on
any part of the property constituting said homesite, without the
written consent of FIEZ, its successors or assigns.
That said hosssite 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
st
vegetation in said neighborhood.
t :«{ That the grantee, his heirs or assigns, covenant and agree
to pay to FIEI, its successors or assigns, from and after
January 1, 1965, an annual maintenance charge, as fixed by FIEI, + r'y
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 promises
t„= constituting said homesite, such charge to be applied to the
maintenance and repair of roads, sidewalks, sewers and gutters,
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provided, however, that FIEI, its successors or assigns, shall '
not be obligated to maintain or repair roads, sidewalks, sewers • "°
(except main trunk line sewers) and gutters on the promises
hereby conveyed; provided, further, that in no event shall FIEI "
` be liable for any performance hereunder in excess of the amount
collected by it pursuant to this paragraph.
w x The grantee covenants and agrees to install upon the
premises constituting said homesite, at grantee's own expense,
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 FIEZ, 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
s„ been brought to the property line of said premises. The grantee
further covenants and agrees at all Lias 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 „V +
septic tanks, facilities and/or lateral sewer connection shall
first be approved in writing by FIEI.
F `
The grantee hereby covenants, for himself, his heirs and
assigns, that they will not knowingly permit the promises
ri`. constituting said homesite to be so used that the water in any x,<,
AV fresh water ponds and/or streams crossing, contiguous or
' adjacent to said premises say be in any way polluted or rendered
`. s unfit for potable purposes.
All the covenants and agreements herein expressed shall be `�
y.F binding upon the grantee, his heirs and assigns, and shall be
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1155411"WO
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n; held to run with and bind the land and promises constituting
said homea/te and all subsequent ownersandoccupants thereof, '3
" serail April 15, 1985, and thereafter from ten to ten of twenty
years upon the consent of the owners of a majority in acreage of ai
all land within the "Park." The covenants and agreements
;v herein set forth shall supplement and extend the term of the
covenants and agreements heretofore imposed by said deeds, above
-- mentioned, recorded in said Clerk's Office in Liber 2114 of ,4vw •' '`
w.; Deeds, page 1 and Liber 7177 of Deedspage 594.
All rights and •asiuments of access to the property
constituting said homesito shall be limited by and subject to • '�� b
(F ' such rules, regulations and restrictions governing the manner of
use thereof, or the persons licensed or permitted to use the
tFtF , f same, as shall from time to time be adopted or prescribed by
' 1 FIEI, its successors or assigns.
i
The rights reserved herein to FIEI, or to FIEI, its ` ,
successors or assigns, and the consent or approval of FIEI, its
successors or assigns herein referred to, shall enure to, mean
or require only the right or act of the said Fishers Island f
Estates, Inc., or its corporate successor, or its &*sign** of `r
such rights and shall not rotor to or include a person or
corporation holding only as grant** of land from said &
i corporation.
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PROVIDED, HOWEVER, that any of the aforesaid covenants and _
w< agrees*nts contained in this deed of conveyance may be at any
' time and in any manner waived or changed with the consent of
�. ' FIEI, or its corporate successor or its assign** of the rights y'ti
herein reserved to FIEI or to FIEI, its successors or assigns,
and the owner or owners for the time being of the premises
constituting said homesite and the owners of a majority in y. -", . _
t _ acreage of all the property within the "Park." +
The provision last preceding shall apply to cases where x
�^ the change contemplated is to apply to less than all the land in
s•' ` the "Park" which has been conveyed by FIEI or by Fishers Island
�
Corporation to purchaser, but where such waivers or change
shall apply to and affect all the land within the "Park" which
has been conveyed by FIEI or Fishers Island Corporation subject
to the covi and agreements herein set forth, said covenants "
' - and agreements heroin set forth may be waived or changed with
the consent of FIEI or its corporate successor or its assignee
of the rights reserved herein to FIEI or to FIEI, its successors
or assigns, and the consent of the owners (other than FIEI) of a
majority in acreage of all the land within the "►ark.• { "
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11554PO6171
PROVIDED, HOWEVER, that nothing in this deed contained
shall limit the right of FIEI, 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 or 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
or property owners any rights or interests to said lands.
No appurtenant or other interests in other real property
of FIEI 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 in or connected
with said other real property of FIEI, not herein expressed, run
with or are attached to the land conveyed.
It is expressly understood and agreed by the parties
hereto that nothing herein contained is intended or shall be
construed to create or impose upon the remaining lands of FIEI
any equitable covenants, restrictions or reservations or to
impose any obligations on FIEI, its successors or assigns, to
similarly bind and restrict homesites or additions to homesites
or any other lands now owned by FIEI upon the sale and
conveyance thereof by FIEI, its successors or assigns.
Being a portion of the premises conveyed to JOHN TEMPLE
SWING by Deed, dated February 7, 1991, and recorded with the
Clerk of Suffolk County on March 14 , 1991 in Deed Liber 11231 at
page 430.
PARCEL B
BEGINNING at the southeasterly corner of land owned by the
United States, known as the Fort H. G. Wright Military
Reservation, Mount Prospect Tract on the shore of Block Island
Sound or the Atlantic Ocean and running thence northerly
following the East boundary of the said land of the United
States to the southerly line of East End Road (sometimes called
Oriental Avenue) and which point is the northeasterly corner of
land of the United States, thence crossing the East End Road and
following the same course as the last to the shore of West
Harbor or Fishers Island Sound; said lot or parcel of land being
bounded and described as follows:
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OCT 14 1992 F
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11554PC172
Beginning at a stone monument set on the easterly side of
a road forty feet wide, said monument being eleven hundred and
sixty-one and ninety-one hundredths feet west of a point which
is twenty-seven hundred and twelve and forty-one hundredths feet
North of another monument marking the U. S. Coast and Geodetic
Survey Triangulation Station "Nin" (which said "Nin" monument is
located near the Western end of a ridge overlooking the South
shore of Fishers Island and on the highest point between
Chocomount and Mount Prospect and lies South forty-five degrees
seventeen minutes and twenty-six seconds East of North Dumpling
Light in Fishers Island Sound) ; and running thence South
seventy-three degrees and forty-one minutes East one hundred and
seventy-one and twenty hundredths feet to a stake; thence South
forty-four degrees forty-six minutes and fifty seconds East one
hundred and fifty-four and eighty-eight hundredths feet to a
stake; thence South fifty-three degrees forty-three minutes and
twenty seconds West two hundred and twenty and nineteen
hundredths feet to a stake; thence South seventy-eight degrees
forty-five minutes and twenty seconds West one hundred and
twenty-seven and four hundredths feet to a stake set on the
Easterly side of said road; thence Northwardly, along the
Easterly side of said road (and following the arc of a curve to
the right whose radius is five hundred and twenty-four and
sixty-five hundredths feet and the direction of whose radius at
that point is North seventy-seven degrees fifty-one minutes and
twenty seconds East) , three hundred and three and twenty-one
hundredths feet to a stake; and thence, still along the Easterly
side of said road, North twenty degrees fifty-eight minutes and
ten seconds East sixteen feet to the place of beginning,
containing one and forty-three hundredths acres, more or less.
Being the same premises conveyed to Annette P. Dederick by
Fishers Island Corporation by deed dated August 28, 1928, and
recorded in the Suffolk County Clerk's Office November 14, 1940,
in Liber 2134 of Deeds at Page 1, and said parcel of land is
conveyed subject to the reservations, covenants and agreements
contained in said deed, as extended by agreement recorded in the
Suffolk County Clerk's Office in Book 2437 at Page 468, and is
also subject to utility company easements granted to Fishers
Island Telephone Corporation and Fishers Island Electric
corporation.
Being a portion of the premises conveyed to JOHN TEMPLE
SWING by Deed dated February 7, 1991 and recorded with the
Clerk of the County of Suffolk on March 14, 1991 in Deed Liber
11231 at page 430.
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OCT 1992RECORDEDOOWFY
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11554P473
PARCEL C
ALSO, ALL that lot or parcel of land, with the buildings
and improvements thereon in the Town of Southold, Suffolk
County, State of New York, being a part of that portion of
Fishers Island belonging to Fishers Island Corporation (which
portion is hereinafter called the "Park") lying Easterly of the
following line, viz:
BEGINNING at the southeasterly corner of land owned by the
United States, known as the Fort H. G. Wright Military
Reservation, Mount Prospect Tract, on the shore of Block Island
Sound or the Atlantic Ocean and running thence northerly
following the East boundary of the said land of the United
States to the southerly line of East End Road (sometimes called
Oriental Avenue) and which point is the northeasterly corner of
land of the United States, thence crossing the East End Road and
following the same course as the last to the shore of West
Harbor or Fishers Island Sound; said lot or parcel of land
being bounded and described as follows:
Beginning at a stone monument set on the Easterly side of
a road forty feet wide, said monument being twenty-three hundred
and forty-seven and ninety-two hundredths feet North of a point
which is eleven hundred and seventy-seven and seventy hundredths
feet West of another monument marking the U. S. Coast and
Geodetic Survey Triangulation Station "Nin" (which said "Nin"
monument is located near the Western end of a ridge overlooking
the South shore of Fishers Island and on the highest point
between Chocomount and Mount Prospect and lies South forty-five
degrees seventeen minutes and twenty-six seconds East of North
Dumpling Light in Fishers Island Sound) ; and running thence,
along the Easterly side of said road, North fourteen degrees
thirty-nine minutes and twenty seconds West thirty and three-
hundredths feet to a stake marking a point of curve to the right
whose radius is five hundred and twenty-four and sixty-five
hundredths feet and the direction of whose radius at that point
is North seventy-five degrees twenty minutes and forty seconds
East; thence Northwardly, along the Easterly side of said road
(and following the arc of said curve) , twenty-three feet to a
stake; thence North seventy-eight degrees forty-five minutes and
twenty seconds East one hundred and twenty-seven and four
hundredths feet to a stake; thence South thirty-seven degrees
eighteen minutes and fifty seconds West forty-five and thirty-
one hundredths feet to a stake; and thence South sixty-four
degrees and thirty-one minutes West ninety-three and twenty-
seven hundredths feet to the place of beginning; containing ten
hundredths of an acre, more or less.
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OCT 14 tDYMARD P ROWthE
ECORDED
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Ming the same premises conveyed to Annette P. Dederick by q 'I
Fishers Island Corporation by deed dated August 8, 1910, anda1*
j S3 recorded in the Suffolk County Clerk's office November 16, 1910, y
in Liber 2111 of Deeds at Page 594, and said parcel of land is -� <<
conveyed subject to the reservations, covenants and agreements
contained in said deed, 9s extended by agreement recorded in the '"• ,'
+ Suffolk County Clerk's Office In Book 2617 at Page 668, and is X
also subject to utility company easements granted to Fishers
Island Telephone Corporation and fishers Island Electric
Corporation.
Ming a portion of the premises conveyed to JOHN TEMPLE
SWING by Deed, dated February 7, 1991 and recorded with the
Clerk of the County of Suffolk on March 16, 1991 in Deed Liber N1 �'r, ••:
11211 at page 610.
TOGETHER with all right, title and interest, if arty, of
the party of the first part in and to any streets and roads
abutting the above described premises to the center lines u ,
thereof) TOGETHER with the appurtenances and all the estate and
` rights of the party of the first part in and to said promises;
+t TO HAVE AND TO HOLD the premises herein granted unto the party
p
of the second part, the heirs or successors and assigns of the r" +
party of the second part forever. &a
' AND the party of the first part covenants that the party !i
, ., of the first part has not done or suffered anything whereby the �' `•
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+ • said premises have been encumbered in any way whatever, except ,
� as aforesaid.
,i AND the party of the first part, in compliance withY"
Section 13 of the Lien Law, covenants that the party of the
first part will receive the consideration for this conveyance 3w
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 '-
I, the cost of the improvement before using any part of the total,,
of the same for any other purpose.
The word spartyw shall be construed as if it meant
•parties• whenever the sense of the indenture so requires. '
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