liber 232  pp 160 - 165

Helen R Russell to New York West Shore and Buffalo Railway Company

This indenture made this Sixteenth day of November in the year of Our Lord One thousand eight hundred and eighty one between Helen R Russell, widow of Archibald Russell of the City County and state of New York, party of the first part, and the New York West Shore and Buffalo Railway Company party of the second part..

Witnesseth that the said parties of the first part in consideration of Seven Thousand Dollars to her in hand paid by the said party of the second part the receipt whereof is hereby acknowledged has granted bargained sold aliened and conveyed and by these presents does grant bargain sell alien and convey to the said party of the second part its successors and assigns forever in fee simple,

All that parcel of land situate in the Town of Esopus in the County of Ulster and state of New York beginning at a point in the Northerly line of the lands of the Estate of Calvin Adams deceased and in the center line of the proposed railway of the party of the second part as shown on a map of the same filed in the office of the Clerk of Ulster Coun5ty at the city of Kingston NY said point being location station 723 + 83 of said center line. Thence running westerly along the line of the estate of said Calvin Adams deceased to a point in said line distant thirty three feet measured at right angles from said center line thence northerly parallel to said center line and distant thirty three fee therefrom to the lands of Solomon Dumont and to a point opposite location station 742 + 30 of said center line. Thence easterly along the lands of said Dumont crossing said center line at the station last above mentioned to a point distant thirty three feet easterly from said center line measured at right angles therefrom.. Thence southerly parallel to said center line and distant thirty three feet therefrom to the lands of the estate of said Calvin Adams deceased.. Thence westerly to the point or place of beginning as the same is shown on a diagram hereto annexed marked diagram A. to which reference is hereby made and which forms a part of the description herein contained.

Also all that parcel of land situate in the Town County and state aforesaid bounded and described as follows

Beginning at a point in the Northerly line of the land of the estate of William Dean deceased, and in the center line of the proposed railway of the party of the second part as shown on a map of the same as aforesaid said point being location station 824. + 91 of said Center line. Thence running westerly along said Deans line to a point in said line distant fifty feet measured at right angles from said line. Thence Northerly parallel to said Centre line and distant fifty feet therefrom to the lands now or formerly owned by the Dunning Estate and to a point opposite location station 843 + 25 of said center line. Thence Easterly crossing said Center line at the station last above mentioned to a point distant fifty feed Easterly from said center line measured at right angles therefrom. Thence southerly parallel to said center line and distant fifty feet therefrom. To the lands of said Dean deceased. Thence Westerly to the point or place of Beginning as the same is shown on a diagram hereto annexed marked diagram B. to which reference is hereby made and which forms a part of the description herein contained.

Reserving nevertheless to the party of the first part her heirs and assigns all the trees now standing on the premises hereinbefore mentioned and described with the privilege of cutting and removing the same..

It is hereby agreed and understood by and between the parties hereto that the party of the second part is to construct and maintain an open culvert of passage way under its roadway and of sufficient size to enable the party of the first part to maintain a drain pipe leading from her dwe3lling house to the Hudson River. The party of the second part further agrees to change the foot path located about two hundred and twenty two feet easterly of the dwelling house of the party of the first part and in the same lot in which the dwelling is enclosed where the surveyed line of the party of the second part above described runs upon and over the present path so that the same shall be east of the said line and free and clear of the same. The said pathway to be of the same width as the present one.

The party of the second part also agrees to change the present wagon road of the party of the first part leading from her dwelling north east to said River where the said surveyed line runs upon and over said road from the point where the said road crosses the said surveyed line .. and on the east side of said line so that the said wagon road shall be east of the said surveyed line and free and clear of it. The said road to be of the same width as the present one there located.

Together with all and singular the tenements hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof . Also all the estate right, title and interest, property possession claim and demand whatsoever as well in law as in equity of the said parties of the first part of in or to the same and every part and parcel thereof with the appurtenances. To have and to hold all and singular the above mentioned and described premises together with the appurtenances unto the said party of the second part and its successors and assigns forever. And the said party of the second part covenants and agrees that said party of the second part its successors and assigns may build maintain rebuild and operate a railroad thereon together with all structures connected therewith. And it is hereby understood and agreed by and between the parties hereto that the premises hereinbefore mentioned and described are to be used by the party of the second part its successors and assigns for Rail Road purposes only.

And the said Helen R Russell does hereby covenant and agree to and with the said party of the second part that at the time of making this conveyance she is the lawful owner of the premises above granted and is seized or a good indefeasible estate of inheritance in fee Simple therein and that they are free and clear inchoate dower rights and of all encumbrances whatsoever and that the premises thus conveyed in the quiet and peaceable possession of the said party of the second part its successors and assigns she will forever warrant and defend against any person whomsoever lawfully claiming the same or any part thereof

In witness whereof the parties of the first part has hereunto set her hand and seal the day and year first above written

Sealed and delivered                               }
In the presence of                                      }    Helen R. Russell   (seal)
John W Russell }

State of New York                                 }
City and County of New York               }

On this sixteenth day of November in the year one thousand eight hundred and eighty one before me the subscriber personally came Helen R Russell to me known to be the individually described in and who executed the foregoing instrument and she acknowledged that she executed the same

(seal) John W Russell
Notary Public
69 New York County


State of New York                              }
City and County of New York            }

I, William A Butler, Clerk of the city and County of New York and also Clerk of the Supreme Court for the said City and County the same being a court of Record do hereby certify that John W Russell whose name is subscribed to the certificate of the proof or acknowledgement of the annexed instrument and thereon written was at the time of taking such proof or acknowledgement of the annexed a Notary Public in and for the city and county of New York dwelling in the said county commissioned and sworn and duly authorized to take the same .. and further that I am well acquainted with the handwriting of such Notary and verily believe that the signature to the said Certificate of proof or acknowledgement is genuine.. I further certify that said Instrument is executed and acknowledged according to the Law of the State of New York

In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court and County the 16th day of November 1881.

                                             William A Butler,              Clerk


True record entered Nov 17th 1881 at 10 a.m.
D B Castine
Clerk

This is a typed transcription of a photo of a handwritten document on file with the Ulster County Clerk's Office in the Vault Room, Fair and Main Streets, Kingston, New York
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