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HomeMy WebLinkAboutL 11878 P 237 -Bargaiq and Sale Deed with Covenant again Grantor's Avis Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLI' THIS INDENTURE,made.the '4716' day,of 'January I nineteen hundred and ninety-eight BETWEEN EDITH DILLON EDSON, 2076 Maidstone Farm Road, Annapolis, Maryland 21401, formerly known as Edith Gibb Dillon, as surviving tenant by the entirety of Thomas P. Dillon, deceased, late of Washington, D.C. , party of the first part,and JOSEPHINE W. GRAY, 139 Oenoke Ridge, New Canaan, Connecticut 06840, _ 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 or successors and assigns of the party of the second part forever, those ALL lh*ccrtain ploe pied or parcefof land,with the buildings and improvements thereon erected,situate, lying and beinginihe at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE a portion of the same premises conveyed to the party of the first part and Thomas P. Dillon by deed, dated November 28, 1966 and recorded in the Office of the Suffolk County Clerk on December 6, 1966 in Liber 6080 page 376. SUBJECT TO Declarations recorded in the Office of the Suffolk County Clerk in Tax Map Liber 11717 page 622, Libpage Litter 11725 a e 659 and Liber 11735 page 484, respectively, Designation and to any other covenants, restrictions, easements and agreements of record. Dist. SUBJECT TO easement in favor of Lot 2 on Map No. 9741 as described on Schedule A hereto and in deed recorded in the Office of the Suffolk County Clerk in Liber seo. 11858 page 765. SUBJECT TO easement in favor of Lot 1 on Map No. 9741 as described on Schedule A lilt hereto. TOGETHER WITH utility easement over a portion of Lot 1 on Map No. 9741 as described on Schedule A hereto. La(s) TOGETHER with all right, title and interest,if any,of the party of the first part of, 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 pan forever. AND the party of the first pan 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 fust 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"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the fust pan has duly executed this deed the day and year first above written. IN PRESENCE OF: Edith Dillon Edson Ala, �dt�<n �,�� D�I1011l SCHEDULE A TO DEED Party of the First Part:• Edith Dillon Edson Party of the Second Part: Josephine W. Gray Deed Dated: January 27 , 1998 ALL those certain plots, pieces or parcels of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, known, shown and designated as Lot No. 3A and Lot No. 3B on a certain map, entitled "Minor Subdivision Plan - Property, of Edith Dillon Edson, Central Avenue, Fishers Island, New York", prepared by Chandler, Palmer & King, Norwich, Connecticut, which said map was filed in the Office of the Suffolk County Clerk on September 19, 1995 as Map No. 9741 and which said Lot No. 3A and Lot No. 3B are more particularly bounded and described as follows: MAIN PARCEL (LOT NO. 3A) BEGINNING at a monument on the northwesterly line of Central Avenue at the intersection with the northeasterly line of Munnatawket Avenue, said monument being located 4570.33 feet North of a point which is 139.01 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS'; and RUNNING THENCE North 44 degrees 19 minutes 45 seconds West, 182.78 feet to a point; THENCE North 48 degrees 12 minutes 22 seconds East, 251.28 feet to a point; THENCE North 72 degrees 59 minutes 48 seconds East, 210.00 feet to a point; THENCE South 65 degrees 17 minutes 01 seconds East, 153.07 feet to a point on the westerly line of said Central Avenue; THENCE South 04 degrees 11 minutes 20 seconds West, 47.06 feet to a monument; 1J THENCE South 40 degrees 36 minutes 00 seconds West, 64.54 feet to a point, THENCE South 69 degrees 55 minutes 10 seconds West, 253.44 feet to a point; THENCE South 45 degrees 50 minutes 15 seconds West, 161.72 feet to the monument at the point of BEGINNING, the last four lines running along the westerly and northwesterly line of Central Avenue. TOGETHER WITH an easement ten feet in width for the installation and maintenance of a water line and other utilities over a portion of Lot No. 1A on said Map No. 9741, the southwesterly line of said easement being described as follows: BEGINNING at a point located at the northeasterly corner of Lot No. 2 as shown on said Map No. 9741, said point being located 5055.57 feet North of a point which is 151.57 feet West of a monument marking the U. S. Coast and Geodetic Survey Triangulation Station "PROS" and RUNNING THENCE South 21 degrees 05 minutes 34 seconds East, 163.58 feet to a point; THENCE South 81 degrees 58 minutes 36 seconds East, 79.90 feet to the northerly line of the above-described Main Parcel (Lot No. 3A). WATERFRONT PARCEL (LOT NO. 3B) BEGINNING at a point located on the easterly line of Central Avenue, said point being located 4848.11 feet North of a point which is 299.24 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS; and RUNNING THENCE South 04 degrees 11 minutes 20 seconds West, 45.27 feet to a point, THENCE South 40 degrees 36 minutes 00 seconds West, 88.16 feet to a point; THENCE South 69 degrees 55 minutes 10 seconds West, 255.33 feet to a point; THENCE South 45 degrees 50 minutes 15 seconds West, 187.43 feet to a monument, the last four lines running along the easterly and southeasterly line of Central Avenue; THENCE South 75 degrees 00 minutes 00 seconds East, about 45 feet to the shore of West Harbor; THENCE northeasterly along the meanders of said shore, about 565 feet to a point; THENCE North 65 degrees 17 minutes 01 seconds West, about 55 feet to the point of BEGINNING. SUBJECT TO an easement in favor of the owners and occupants of Lot No. 2 on said Map No. 9741 for ingress and egress by pedestrians only to and from West Harbor over a portion of the above-described Waterfront Parcel (Lot No. 3B), said easement area being more particularly bounded as described as follows: BEGINNING at a monument located on the southeasterly line of Central Avenue, said monument being located 4517.78 feet North of a point which is 135.70 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station 'PROS; and RUNNING THENCE South 75 degrees 00 minutes 00 seconds East, about 45 feet to the shore of West Harbor; THENCE northeasterly along the meanders of said shore, about 214 feet to a point; THENCE North 20 degrees 04 minutes 50 seconds West, about 69 feet to a point on the southeasterly line of Central Avenue; THENCE along the easterly and southeasterly line of Central Avenue South 69 degrees 55 minutes 10 seconds West, 62.00 feet to a point; THENCE still along said Avenue line South 45 degrees 50 minutes 15 seconds West, 187.43 feet to the monument set at the point or place of BEGINNING. - SUBJECT TO an easement in favor of the owners and occupants of Lot No. 1A and Lot No. 113 on said Map No. 9741 (collectively, "Lot No. 1") for ingress and egress by pedestrians only to and from West Harbor hereby reserved by the party of the first part over a portion of the above- described Waterfront Parcel (Lot No. 3B), said easement area being more particularly bounded and described as follows: BEGINNING at a point located on the easterly line of Central Avenue, said point being located 4848.11 feet North of a point which is 299.24 feet East of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS; and RUNNING THENCE South 04 degrees 11 minutes 20 seconds West, 45.27 feet, THENCE South 40 degrees 36 minutes 00 seconds West, 54.73 feet, the last two lines running along the easterly and southeasterly lines of Central Avenue; THENCE South 49 degrees 24 minutes 00 seconds East, 20 feet more or less to the shore of West Harbor; THENCE northeasterly along said shore, 107 feet more or less to a point on the boundary line between the above-described Waterfront Parcel (Lot No. 3B) and the waterfront parcel of Lot No. 1; THENCE North 65 degrees 17 minutes 01 seconds West, 55 feet more or less to the point of BEGINNING. The following provisions shall apply to the foregoing easement reserved by the party of the first part: 1. It shall include the right to keep not more than one boat at any one time within the easement area, such boat not to exceed twenty feet in length. 2. It shall cease and terminate upon the first to occur of the following events: (a) further subdivision of the said Lot No. 1; (b) transfer of an interest in the fee simple title to the said Lot No. 1 to an owner who is not an individual unless the transferee is (i) a personal residence trust created for the benefit of the party of the first part and/or any one or more of her direct descendants only or (ii) a family partnership of which the general partner(s) shall be the party of the first part and/or any one or more of her direct descendants only; or (c) transfer of an interest in the fee simple title to the said Lot No. 1 to an individual who is not a direct descendant of the party of the first part unless, upon such transfer, the ownership interests of the individuals who are not such direct descendants do not exceed fifty percent in the aggregate. -- ;eb;d4b _ Ii 2 JOECORDED 11878PC2 7 _ 7E-- 1998 Number ofpages FEB 13 96 FEB 13 Ali 9: 29 TORRENS 'IT41K.":t9 TAXi 'J;',,1RD P RGI1 ',;IiE Siy';CV,K Serial# CLD,;', ur SUFFOLK COUt,TY Certificate a 5246 Prior Ctf.# Deed/Mortgage Instrument Decd/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee (J / Mortgage Amt. _ Handling 1. Basic Tax TP-584 2. Additional Tax _— Notation Sub Total _ EA-5217(County) Sub Total !_ SpccJAssit. — EA-5217(State) '' or Spec./Add. R.P.T.S.A. ,pe TOT. MTG.TAX Comm.of Ed. 5 . 00 Dual Town Dual County Held for Apportion mc Affidavit • Transfer Tax Certified Copy Mansion Tax _ The property covered by Otis mortgage is or Reg.Copy / will be improved by a one or two family Sub Total ,— dwelling only. Other YES or NO GRAND TOTAL If NO, see appropriate tax clause on page # of this instrument. 1403h, Real Property Tax Service Agency Verification 6• Title Company Information utx Dist. Section Block Lot couwn -'of ,C�.3scrio F.-s� q 1000 006.00 03.00 008.003 Company Name 1000 006.00 04.00 007.002 Ini Title Number fi FEE PAID BY: J. Bruce McGuirk, Esq. Cash Check Charge Skadden, Arps, Slate, Meagher 8 Flan Payer same as R & R__ 919 Third Avenue (or if different) New York, NY 10022 NAME: ADDRESS: RECORD& RETURN TO 7 (ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed _made by: (SPECIFY TYPE OF INSTRUMENT) EDITH DILLON EDSON The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD JOSEPHINE W. GRAY In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.