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HomeMy WebLinkAboutL 11791 P 451 i BARGAIN AND SALE DEED with Covenant against Grantor's Acts THIS INDENTURE, made the 9th day of May, nineteen hundred and ninety-six BETWEEN CAROLYN JULEEN DOHERTY and A. JOHN GADA, JR. GENERAL PARTNERS OF THE GADA FAMILY PARTNEI J%jurg� a panne hi rpe_ dated October 26, 1981, a E sir a partnership�°p y off the irsttliartland"Z Y� JULEEN DOHERTY, of is ers Island, own of Southhold, County of Suffolk and State of New York,party of the second part, WITNESSETH, that the party of the fist part, in consideration of Ten and 00/100 Dollars ($10.00) and other valuable Consideration paid b the party of the cond part, the heirs or successors and assigns of party of TIOrrN�� 0C'KK� r-7—T-1LOT Lwa W 9 l_t_l I ! I I ( 1—r�171 ALL those certain *ts, pieces oYj)ar of land, wtM a buildings 2dd improveme thereon erected, situated, lying and being on Fishers Island, in th6 Town of Southold, County uffolk and State of New York, commonly referred to as "the Duke House, the Tank Farm, and the Ordnance/Motel," respectively, as Parcel One, Parcel Three and Parcel Seven, respectively, and being more particularly bounded and described in Schedule A attached hereto and made a part hereof. 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. TAX MAP AND the party of the first part covenants that the party of the first part has not done or suffered i DESIGNATION anything whereby the said premises have been encumbered in any way whatever, except as )TST' 1000 aforesaid. 4C. 010.00 IK. 07.00 1 GP 004,000 AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the )ISP 1000 party of the first part will receive the consideration for this conveyance and will hold the right to ;h_C. 09,00 receive such consideration as a trust fund to be applied first for the purposes of paying the cost of IK. 08.00 the improvement and will apply the same first to the payment of the cost of the improvement fJP 002.000 before using any part of the total of the same for any other purpose. )ISP. 1000 The word"party" shall be construed as if it read "parties" whenever the sense of this indenture so ;FC. 012.00 1K. 01.00 requires. [TP 002.000 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF The Gada Family Partnership \\\ CONWAY � rJ & LONDREGAN, P.C. '�2�N ; �Q ' —lr—=j—�, By' ATTORNEYS AT LAW 1" / Carolyn Juleen Doherty 36 NUNTINGTON 6T its General Partner b �- P.O.Box 1351 NEW LONDON,GT C&32"170 / By: A. o2hn ada,Jr�. 49 WHITEHALL AVENUE _! -'j� /�` - its General Partner P.O. Box 396 MYSTIC,CT f!G 06355-0386 R E C 4 R DED9 EDWARD P.ROMAINE SEP roVM OF SUFFOLK COUMV t ti 1 •Ii a SCHEDULE A PARCEL ONE: r,li that certain plot , piece or parcel of land, with the buildings and improvements thereon erected , situate , lying and being on Fishers Island in the Town of Southold, County of Suffolk and State of New York, known and designated as Plot D on a certain map entitled "Plan of Property on Fishers Island, New York, formerly owned by Mrs. Martha E. tloffort, now belonging to Southold Savings Dank" , surveyed and drawn by Daboll 6 Crandall , C.E. , New London, Connecticut, July, 1914, and filed in the office of the Clerk of the County of Suffolk on the 2nd day of July, 1915 , as Map number 242, said Plot D, according to survey made by Chandler & Palmer, Engineers, dated January, 1958, is more particularly bounded and described as follows : BEGINNING at a concrete monument set in the easterly line of Montauk Avenue at the northwesterly corner of the premises herein described; thence running South 28 degrees 06 minutes 20 seconds East along said easterly line of Montauk Avenue 114. 3 feet to a concrete monument at a point distant 2063. 90 feet north and 922. 68 feet west of U.S. Coast and Geodetic 1. Survey Triangulation Station "PROS" ; thence running North 38 degrees 38 minutes 40 seconds East 182. 45 feet to a monument set: in the southwesterly line of a driveway; thence running North 51 degrees 21 minutes 20 seconds West along said last mentioned driveway 105. 1 feet to a concrete monument; thence running South 39 degrees 03 minutes 00 seconds West 135.03 feet to the monument set in the easterly line of Montauk Avenue at the point and place of beginning. Together with all right , title and interest of the party of LE4i81LV POOR the first part in, to and over the driveway adjacent to the FOR MICRUMM above described premises. PARCEL"I'IIREP, Al t at certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows : Beginning at a brass plate on the Westerly side of the roadway extending Northerly from Whistler Avenue, said point being on the dividing line between the herein conveyed tract and land of the United States Coast Guard known as the / family quarters tract and thence running along the Westerly line of said roadway North 37" 06 ' West 82. 70 feet ; thence along said road line North 16" 14 ' West 80. 11 feet; thence along said road line North 1" 29 ' East 125.,3 feet; thence Northeasterly along said road line to land of the United States Coast Guard known as the communications antenna site; thence Northwesterly in a straight line to the shore of Fishers Island Sound, abutting Northeasterly on said Coast Guard land; thence in a general Southwesterly direction along said shore line about 450 feet to the entrance to Silver Eel Cove;Tthence along said Cove line in a Southeasterly, Northeasterly and Southeasterly direction about 700 feet to said land known as the family quarters tract ; thence North 54 ° East about 125 feet to the point of beginning. Containinq 2. 2 acres, more or less; Together with the right to use in common with others, for roadway and highway purposes, Whistler Avenue and said roadway extending northerly from Whistler Avenue to and along the premises hereby conveyed; The premises hereby conveyed are conveyed subject to reservations, easements, covenants and restrictions of record and to the following covenants and restrictions; The party of the second part hereby covenants and agrees with the party of the first part; 1 . That the party of the second part shall not use the premises hereby conveyed or permit them to be used for the retail sale of oil, gasoline or other petroleum products; and 2. That the party of the second part shall not construct , or permit to be constructed, upon said premises or upon the lands in Silver Eel Cove immediately adjacent hereto, any wharf. dockioe,pier other such as may be necessary for tucE1A. or pCCDWARDOweRGCORDFD >M CLW OF SUFFOLK COUNTY ; 10, _ PARCEL SEVEN: `THS_ certain tract or par(-,,I of land with the buildings standing thereon located at Fishers Island, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: Beginning at a monument at the northwesterly end of Fox Lane, said monument being located 151. 20 feet South of a point which is 6909. 83 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 10" 14 ' {Vest 84 . 28 . feet; thence North 62" 08 ' West 210. 67 feet to the shore of Fishers Island Sound; thence following the meanders of said shore line North 210 47' East 10. 05 feet, North 46" 01 ' East 207. 3 feet; North 59" 42' East 206. 2 feet; North 690 07 ' -\ East 85. 19 feet and South 65" 45' East 74 . 21 feet to an iron / UX pipe and land now or formerly of U. S. Coast Guard, Fishers Island Life Boat Station; thence along the last mentioned land South 28" 46' West 317. 2 feet; thence South 25" 33' West 214. 3 feet to the northeasterly line of Fox Lane; \ � thence along said Fox Lane line North 39°, 12' West 45. 0 feet to the point of beginning Together with 'a right of way for ingress and egress and for public utility easements over Fox Lane from Whistler Avenue to the above described tract , said easement being over those premises bounded and described as follows: Q Beginning at a monument at the northwesterly end of Fox L ¢pjC Lane, said monument being located 186. 07 feet South of a point which is 6881 . 39 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 39" 12 ' West 45 . 0 feet to a monument and other land of Fishers Island Development Corp. ; thence along other land of said Fishers Island Development Corp. the following courses and distances : (11) South 50" 48 ' West 100 feet to a monument; (2) South 390 12 ' East 100. 0 feet to a monument ,- ( 3) North 50" 48' East 50. 0 feet to a monument ; (4) South 390 12 ' East 126 . 12 feet to a monument , (5) Along the arc of a curve bearing to the right having a radius of 248. 24 feet , a distance along said arc of 108. 31 feet to a monument; (6) Along the arc of a curve bearing to the left having a radius of 170. 60 feet, a distance along said arc of 127. 38 feet to a monument; (7) South 56" 57 ' East 160. 91 feet to a monument and Whistler Avenue; thence North 67° 13' Fast 9501 feet along Whistler Avenue; thence North 86" 33' West 49. 59 feet; thence North 600 46 ' West 56 . 90 feet; thence North 56° 57' West 117. 8 feet to a monument; thence along the arc of a curve bearing to the right having a radius of 120. 60 feet, a distance along said arc of 90 .0 feet; thence along khe -arc of a curve bearing to the left having a radius of 298. 24 feet, a distance along said arc of 130. 13 feet to a monument; thence North 390 12 ' West 181 . 12 feet, more or less, to the point or place of beginning. Toq_ cther with all the right, title -and interest of the party of the first, part in and to the proposed road fifty feet- in width, known as Fox Lane, to the center line thereof , as said right of way .is hereinabove described and as said right of way is shown upon a ' Preliminary Plan - Minor Subdivision" , approved by the Planning Board of. the Town of Southold in August, 1970, leading westerly from Whistler Avenue, to the extent that the northerly line of Fox Lane coincides with the southerly boundary of the property heretofore described land conveyed . Subject to the right of others, their heirs, assigns and invitees foi ingress and egress and to lay public utilities over said private right of way known as Fox Lane to and from Whistler Avenue. This conveyance is made in the regular course of business of the party of the first part. Subject to the right of the party of the first part, its successors and assigns, for ingress and egress and to lay public utilities over said right of way known as Fox Lane to and from Whistler Avenue. Together with a right-of-way for ingress and egress to and from Greenwood Road over a proposed road" extending from the westerly terminus of Greenwood Road southwesterly about 670 feet to the northerly side of Fox Lane. T• •E C 0 R D RD - `SE^P h 10! � CLERK EDWARD P.ROMAINE OF SUFFOLK COUNTY