HomeMy WebLinkAboutL 11774 P 362 0496 Excentof X Deed—Individual or Corporntlon.N.Y.B.T.U.Form NUIU. JULIO!BLUMB6fl0.INC..LAW BLANK PU/LI/NCflB
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED RY LAWYERS ONLY.
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THIS INDENTURE, made the 1st day of January nineteen hundred and ninety-four
IBETWEEN K. SERENA CARSON and JOHNSTON L. EVANS
c/o Morris & McVeigh
767 Third Avenue
New York, NY 10017
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as executor s of the last will and testament of
KATHARINE S. TOWNSEND , late of
Fishers Island, New York
who died on the 16th day of October nineteen hundred and ninety-one
party of the first part, and K. Serena Carson, 46 Hillside Avenue, Englewood, NJ 07631 ;
Johnston L. Evans, 156 Wheatley Road, Glen Head, NY 11545-2614; Paul R. Evans,
120 East 90th Street, Apt. 10D, New York, NY 10128; Robert D. Evans, Fishers
Island, NY 06390, as tenants in comnon, each having a one-fourth in est therein.
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party of the second part,
WITNESSETH,that the party of the first part, to whom letters
testamentary were issued by the Surrogate's Court, Suffolk County, New York
on January 24, 1992 and by virtue of the power and authority given in and by said last will
and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of
-------Ten ($10.00)------------------------------------------------------- dollars,
paid by the party of the second part, does hereby grant and
release unto the party of the second part, the distributees or successors and assigns of the party of the second
part forever, all right, title and interest of decedent, KATHARINE S. TOWNSEND, in
and to
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being fiedm at Fishers Island, in the Town of Southold, County of Suffolk
and State of New York, more particularly bounded and described as follows:
BEGINNING at a point on the Northeasterly side of Fox Avenue which point is
distant 3212.70 feet North of a point which is distant 2762.43 feet West of a
monument marking the U.S. Coast & Geodetic Survey Triangulation Station "pros";
running thence North 27 degrees 26 minutes 10 seconds East 172.22 feet to the
Southwesterly side of a private road, running thence along said Southwesterly
side of said private road South 61 degrees 19 minutes 56 seconds East 123.00
feet; running thence South 14 degrees 22 minutes 50 seconds West 155.01 feet to
the Northerly side of Fox Avenue and running thence along the Northerly and
Northeasterly side of Fox Avenue North 84 degrees 53 minutes 40 seconds West
60.01 feet and North 60 degrees 10 minutes 10 seconds West 102.58 feet to the
point or place of BEGINNING.
7XOGETHER with an easement for sanitary sewer, cesspools and drainage field
over the premises to the Southwest and the right to enter upon said Premises
for the purpose of maintaining, repairing and replacing such sanitary sewers,
cesspools and drainage field.
TOGETHER with a right of way in common with others over the existing
private roads situated in the premises hereinafter described:
A certain tract or parcel of land containing the Mansion House group of 24
buildings known as "Cottages #1 , 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, A, B, C,
D, E, and F, Bungalows #1 , 2, 3, 4, 5, and the Diet Kitchen" located at Fishers
Island, Town of Southland, County of Suffolk, State of New York, bounded and
described as follows:
BEGINNING at a stone monument at the intersection of the Northerly line
of Fox Avenue and the Westerly line of Equestrian Avenue, said monument being
3160.38 feet North of a point which is 2296.94 feet West of another monument
marking the U.S. Coast & Geodetic Survey Triangulation Station "PROS"; thence
running South 87 degrees 07 minutes 30 seconds West 232.01 feet to a merestone;
thence North 84 degrees 53 minutes 40 seconds West 145.36 feet to a merestone;
thence North 60 degrees 10 minutes 10 seconds West 102.58 feet to a merestone;
thence North 44 degrees 05 minutes 20 seconds West 109.04 feet to a merestone;
thence North 37 degrees 35 minutes 40 seconds West 432.84 feet to a merestone;
RECORDED MAY 16 "1 F.o�MAN
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thence North 22 degrees 22 minutes 20 seconds West 36.39 feet to a merestone;
thence North 8 degrees 57 minutes 50 seconds West 214.55 feet to a merestone;
thane NerLh 12 do�rees 05 minutes 50 seconds Fast 55.94 feet to a brass plug
set in a rock, these last eight lines abutting Southerly, Southwesterly and
Westerly on Fox Avenue; thence running South 80 degrees 30 minutes 40 seconds
East 262.48 feet to a merestone on the Northwesterly line of Sappho Road,
this last line abutting Northeasterly on land now or formerly of Eleanor M.
Ferguson; thence continuing South 80 degrees 30 minutes 40 seconds east 50.86
feet; thence running North 20 degrees 05 minutes 30 seconds East 34.04 feet
to a merestone; thence North 73 degrees 25 minutes 30 seconds East 104.89 feet,
these last three lines abutting Northeasterly and Northwesterly on Sappho Road;
thence running South 14 degrees 35 minutes East 186.94 feet; thence South 28
degrees 39 minutes 30 seconds East 105.31 feet; thence South 55 degrees 28
minutes 30 seconds East 108.91 feet; thence South 73 degrees 48 minutes 30
seconds F<:st 97.20 feet; thence South 76 degrees 28 minutes 30 seconds East
70.08 feet; thence South 70 degrees 39 minutes 24 seconds East 123.60 feet;
thence South 9 degrees 39 minutes 0 seconds West 190.02 feet to a brass plug
in the sidewalk on the Westerly line of Equestrian Avenue, these last seven
lines abutting Northeasterly and Easterly on remaining land of the Fishers
Island Farms, Inc.; thence running South 4 degrees 24 minutes 30 seconds West
179.30 feet to the point of Beginning, this last line abutting Easterly on
Equestrian Avenue.
Excepting so much of said right of way as had been conveyed by deed
recorded in Liber 3650 at page 113.
SUBJECT HOWEVER, to covenants and restrictions and road maintenance
charges provided in Libers 3007 of Deeds at Page 559 and 3002 of Deeds at
Page 287.
SOBJEST FURTHER to easement agreement with Fishers Island Electric
Company recorded in the Suffolk County Clerk's Office in Liber 2135 of
Deeds at Page 413 and with Fishers Island Telephone Corporation recorded
in the Suffolk County Clerk's Office in Liber 2135 of Deeds at Page 424.
SUBJECT to the rights of others, if any, in and to any land above
described, if any, lying within the lines of any adjoining street, road,
avenue or highway.
SUBJECT to the rights of others to use the existing sanitary sewer on
the premises and the rights of such pLrsons to repair, replace and maintain
the same.
SUBJECT to the rights of others in the existing private roads situate
in the above-described premises, and subject to all right, title and interest
of others and the use of others in, to and of that private road or way or
right of way into, upon, through or over that certain plot or parcel of land,
situate, lying and being at Fishers Island, Town of Southold, Suffolk County,
New York, and more particularly described in the deed to the party of the
first part dated December 12, 1961, and recorded on December 15, 1961, in the
Suffolk County Clerk's Ottiee in Liber 5097 of Deeds at Page 517.
'The said parties of the second part, for themselves, their heirs and
assigns hereby covenants and agree with the said party of the first part,
its successors and assigns, as follows:
(a) The parties of the second part will not use the premises for any
other purpose than a single family residence nor erect any outbuildings,
without the written consent of Hay Harbor Property Owners Association, Inc.
or its successors, referred to below as "Hay Harbor Property Owners
Association, inc.".
(b) The parties of the second part will not erect any building, out-
building or structure within five (5) feet of any boundaries of the premises
herein conveyed.
(c) The parties of the second part will not sell the premises herein
described unless the parties of the second part shall have (1) received a
written offer from a third party which is acceptable to the parties of the
second part and (2) then have offered to sell and convey the same to :he
Hay Harbor Property Owners Association, Inc. at the same price and upon
the same terms as contained in such offer and (3) 30 days shall have expired
from the date of the making of such offer by the parties of the second pat
to Hay Harbor Property Owners Association, Inc. and Hay Harbor Property
Owners Association, Inc. shall not have accepted such offer in writing.
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RIDER TO DEED
(d) The premises herein described constitute a part of
premises last above set forth. Within said last described plot,
there are cerain private roads 12 ' in width, title to which is
reserved unto Hay Harbor Property Owners Association, Inc . , which
roads are subject to mutual rights of way for ingress and egress
in favor of the premises herein conveyed and other premises
within the plot last described. The said roads will be
maintained by Hay Harbor Property Owners Association, Inc. , but
at the expense of the owners of the several dwellings within the
premises last above described, and the allocation of the cost of
such maintenance shall be made equitably by Hay Harbor Property
Owners Association, Inc. , and the parties of the second part
hereby agrees, for themselves, their legal representatives,
successors and assigns, to pay the share of such expense
allocated to them and upon their failure to do so within thirty
(30) days, the amount thereof shall constitute a lien upon the
premises herein conveyed. Hay Harbor Property Owners
Association, Inc. shall have the right to convey said roads,
subject to such rights of way, to an association or membership
corporation, which, in the event of such conveyance, it will
cause to be formed, and to consist of the owners of the several
dwellings contained within the plot last above described, and the
parties of the second part agree to become a member of Hay Harbor
Property Owners Association, Inc. and such successor.
The foregoing restrictions shall run with the land and
shall enure to the benefit of Hay Harbor Property Owners
Association, Inc.
The foregoing restriction numbered (c) shall not prevent
the parties of the second part from obtaining a mortgage loan,
and if the mortgagee shall acquire title by foreclosure or
otherwise, the mortgagee shall not be required to comply with
such restriction, but any purchaser from the mortgagee shall be
bound thereby. The parties of the second part will cause any
grantee to assume and agree to be bound by the foregoing
restrictions .
BEING the same premises conveyed to KATHARINE R. EVANS
(at her death known as KATHARINE S. TOWNSEND) by Francis G. Geer,
by deed dated February 5, 1964 and recorded in the office of the
Clerk of Suffolk County on October 10, 1966 in Liber 6047 of
conveyances at page 480 .
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RECORDED MAY 16 1996 EDS P.ROMAME
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