HomeMy WebLinkAboutL 11585 P 500 11 Z 85MOO 132;v
_ . U. Standard N.Y.II,T.U, Form sae$—I OM Executors Dad—Indlrlduel or Corporation(single,here)
CONIULT YOUR LAWYER SIrORF SIGNING THIS INSTRUMENT — THIS INSTRUMENT SHOUW N USED By LAW►US ONLT
8 THIS INDENTURE, made the ZOT"day of We'To13ER , nineteen hundred and MAtsyr---Two
BETWEEN'• Thomas McCance, Jr. , residing at 3200 New Mexico Avenue,
+ A N.W. , Washington D.C. , 20016 , Henry F. McCance, residing
at 10 Mill Street, Dover, Massachusetts, 02030 and Maarten
vanHengel, residing at 350 River Road, Scarborough,
New York, 10510
as executors Of---------------------------------------the last will and testament of
Elizabeth Ferguson McCance (a/k/a Elizabeth F. McCancelr,ffoIR-�tl�ta Italy
lr Hay Harbor Hill Road, Fishers Island, Town of Southold,? Ceased,
party of the first part, and Ellen McCance Parker, residing at 171 San Marcos
Street, San Francisco, California, 94117
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pasty of the second part,
raO" WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last
+: will and testament, and in idrYffdM accordance with Article Twelfth C of
7,a4�n said last will and testament-----------------------------------1tolmu
m �p pytt�g�pi9DpEq(7[I}gip�=jjV= 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 that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate.
�(0p lying and being in the Town of Southold, County of Suffolk and State of New
York, being more particularly bounded and described on Schedule "A1l
p56-V attached hereto and made a part hereof.
0050Q3 Said premises are also known as District 1,000, Section 6, Block 5,
Lot 5. 3 on the tax assessment maps of the town of Southold.
All i
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ae DEC 8 ia92
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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 also all the estate which the sold decedent had at the time of decedent's death in said premixes. and also
the estate therein, which the party of the first part has or has power to convey or dispose of. whether individ•
ually, or by virtue of said will or otherwise; 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,taid remises have been incumbered in any way whatever, except as aforesaid
1' AND the. party of the first part, in compliance with Section 1S of the Lien Law, covenants that the park of
1 the first part will retrive the consideration for this comr)ance.md will hold the right al wevne such consid•
eration as a trust fund to be applied first for the purlsose of pa%mg the cost of the illmraveme•nt •md will apply
the same first to the payment of the cost of the improvement bi-lore using am• part of the.total'ul the same for
any other purpose. 1
The word party" shall be construed as if it rend "parties' whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has de ly executed this der le dad .wd dear first
abovd written. C_s ,
IN raESENa or.
T om s MccC^ance
_ I `
' Hen . • Mc a
/ '
'V RECORDED DEC 8 1"2 erMOF&WW00�mf Henget
11585M
1 McCance: Estate to Ellen McCance Parker
4 SCHEDULE "A" _�. ;
ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying
and being in the Town of Southold, County of Soffolk and
State of New York, being Lot 2 on a certain map entitled
"Minor Subdivision Plan made for Elizabeth McCance, Fox
Avenue and Cottage Place, Fishers Island, New York" prepared
by Chandler, Palmer & King dated March 3, 1986 and revised
and filed in the Suffolk County Clerk's Office on December
26, 1990 (File No. 9043 ABS #11713) .
Subject to a right of way 10 feet in width for the
installation and maintenance of telephone and electric lines
as described in Liber 5705 of Deeds at page 194 recorded in
the Suffolk County Clerk's Office.
Subject to a pole line right of way, 10 feet in width,
running southeasterly from the former road (Cottage Place)
across the above described tract, the center line of said
right of way being described as follows: Beginning at a
point on the southwesterly line of a former road (Cottage
Place) , said point being located 4256. 32 feet North of a
point which is 2432 .03 feet West of the monument marking the
United States Coast and Geodetic Survey Triangulation
Station "PROS" and running thence South 49 degrees, 23' and
40" East about 35 feet.
A portion of the above described tract is a restricted area
which is described as follows: Beginning at a monument on
the southeasterly line of Fox Avenue, said monument being
located 4179.90 feet North of a point which is 2895.90 feet
West of the monument marking the United States Coast and
Geodetic Survey Triangulation Station "PROS" and running
thence South 15 degrees 28' 19" East 83.00 feet to a point;
thence North 62 degrees, 58' 56" East 136.00 feet to a
point; thence North 82 degrees, 45' 26" West 144.45 feet to
the monument on the said southeasterly line of Fox Avenue at
the point of beginning. In this restricted area, by
acceptance of a devise or deed of conveyance of said "Lot
211, the devisee or grantee covenants that he or she will not
construct any building or improvement of any nature and will
keep all trees and plantings trimmed to a height not
exceeding fifteen (15) feet. This covenant shall be to the
benefit of "Lot 3" on said filed map and shall run with the _
land in perpetuity.
Subject to the rights of the owner of "Lot 3" on said filed
map to repair and maintain the water services which cross
the above described tract in a general southeasterly
direction from Fox Avenue to said "Lot 311 .
Said premises being known on the tax assessment maps of the
Town of Southold as District 1, 000, Section 6, Block 5, Lot
5.3.
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