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This Indenture
made the seventh day of December in the year one thousand eight hundred
and eighty five Between Helen R Russell of the City of New York in the
County and state of New York party of the first part and Cynthia Helen
Durkee wife of Eugene R Durkee of the city of Brooklyn County of Kings
and state of New York party of the second part
Witnesseth that the said party of the first part for and in
consideration of the sum of Sixteen thousand (16,000) dollars lawful
money of the United States of America to her in hand paid by the said
party of the second part at or before the ensealing and delivery of
these presents the receipt whereof is hereby acknowledged and the said
party of the second part her heirs executors and administrators forever
released and discharged from the same by these presents has granted
bargained sold aliened remised released conveyed and confirmed and by
these presents does grant bargain sell alien remise release convey and
confirm unto the said party of the second part and to her heirs and
assigns forever
All that certain piece or parcel of land situate lying and being in the
Town of Esopus County of Ulster and state of New York lying on the
Easterly side of the highway leading from Newburgh to Kingston and
bounded and described as follows
Beginning at a Rock marked R C on the bank of the Hudson River adjoining
the lands now or formerly of John Dumont and running thence north sixty
one degrees and ten minutes west along said Dumont’s lands six hundred
and fifty three feet more or less to the public highway leading from
Newburgh to Kingston thence along said highway south six degrees and
thirty minutes west one thousand and eighty feet. Thence continuing
along said highway south fifteen degrees and thirty minutes west five
hundred feet to the line of lands of the estate of Adams thence along
the line of said Adams’ estate south eighty two degrees east three
hundred and fifty five feet thence south one degree east two hundred and
fifty three feet thence south fifty nine degrees and twenty minutes east
five hundred and seventy feet more or less to the Hudson River thence
along the bank or shore of said River northerly about eighteen hundred
and twenty five feet to the place of beginning.
Excepting the lands conveyed by the party of the first part to the New
York West Shore and Buffalo Railway Co by deed dated November 11, 1881
and recorded in the Office of the Clerk of Ulster County at Kingston on
November 17, 1881 in Book of Deeds No 232 page 160 and containing after
deducting said railway lands twenty five 59/100 acres be the same more
or less
Being the same premises conveyed to Archibald Russell by Herman C Adams
and wife by deed dated March 8th 1852 and recorded in the office of the
Clerk of Ulster County in Book of Deeds No 81 page 398 and by Eleazer W
Gidney by deed dated April 26th 1852 and recorded in said office in Book
of Deeds No 82 page 245. Except certain premises conveyed by said
Archibald Russell to said Eleazer W Gidney by deed dated April 26th 1852
and recorded in said office in Book of Deeds No 82 page 244 and also
said lands conveyed to said Railway company as aforesaid
And also all property granted to Archibald Russell by the People of the
state of New York by letters patent dated December 9, 1869 which is
described as follows:
All that certain piece or parcel of land under the water of the Hudson
River in front of and adjacent to lands of Archibald Russell in the Town
of Esopus County of Ulster described as follows to wit
Beginning at a rock marked R C on the bank of the Hudson River adjoining
the lands of S. Warring Dumont and running from thence south sixty three
degrees east one chain and fifty links thence south one degree and
thirty minutes east twenty seven chains and eighty seven links thence
north sixty degrees and fifteen minutes west one chain and fifty links
to the south easterly corner of any said premises thence north three
degrees east one chain and twenty links thence north seven degrees east
three chains and ten links thence north seven degrees west two chains
and fifty links thence north three degrees east thirteen chains and
twenty links thence seventy nine degrees east one chain and ten links
thence north three degrees east one chain thence north sixty seven
degrees east one chain and ten links thence north three degrees east six
chains to the place of beginning – containing within said bounds three
acres and six tenths of an acre subject to the conditions and
reservations contained in said letters patent.
Also all that other part or parcel of
land bounded and described as follows
Beginning at a point in the highway leading from Newburgh to Kingston
where the division line between lot eleven (11) and lot twelve (12) of
the three mile or river lots in the North division of New Paltz crosses
said highway at or near the southerly boundary of a cemetery running
thence along said line North 71º 30’ West 6589 feet more or less
thence South 46º West 664 feet more or less thence South 17º 15’
West 752 feet to the highway known as the West Park road thence in a
southeasterly direction along said highway as it winds and turns to a
stake and stones being the corner of the lands now or late of M. W.
Powell thence North 13 ¾ º East 400 feet thence North 12º East 400
feet thence North 5 ½º East 200 feet, thence North 14º30’ East 230
feet thence South 69º30’ East 1915 feet to the end of a stone wall
thence south 70º10’ East 3720 feet to said highway leading from
Newburgh to Kingston and thence northerly along said highway as it winds
and turns 1753 feet to the point or place of beginning.
Excepting therefrom the land conveyed by the party of the first part to
the New York West Shore and Buffalo Railway company by deed dated
November 11, 1881 and recorded in the office of the Clerk of Ulster
County in Book of Deeds No 232 at page 160 containing after deducting
the lands of said Railway co 211 19/100 acres be the same more or less.
Being the same premises
conveyed to Archibald Russell by Thomas R Appleby by deed dated November
2nd 1846 and recorded in the office of the clerk of Ulster County in
Book of Deeds No 66 page 482 November 4, 1846 and by James D Pell and
wife by deed dated September 8th 1840 and recorded in said office in
Book of Deeds No 55 page 309 & except such part of the premises
mentioned in said deed from James D Pell as were conveyed by said
Archibald Russell to John Jacob Astor by deed dated December 1851 and
recorded in the office of the clerk of Ulster County in Book of Deeds No
80 page 672 and also said lands conveyed to said Railway as aforesaid.
It being understood that the courses given in the foregoing description
except the description of the land under water are taken from surveys
made by A Grant Childs November 1885 and the courses given in the
description of the lands under water are taken from surveys made in the
year 1869.
And all right title and interest to one half in width of the roads or
highways lying opposite and adjacent to said premises.
Together with all and singular the tenements hereditaments thereunto
belonging or in any wise appertaining and the reversion and reversions
remainder and remainders rents issues and profits thereof. And also all
the estate right title interest property possession claim and demand
whatsoever as well in law as in equity of the said party of the first
part of in and to the same and every part and parcel thereof with the
appurtenances.
To have and to hold the above granted bargained and described premises
with the appurtenances unto the said party of the second part her heirs
and assigns to her and their own proper use benefit and behoof forever.
And the said Helen R Russell for herself her heirs executors and
administrators does covenant grant and agree to and with the said party
of the second part her heirs and assigns that the said Helen R Russell
at the time of the sealing and delivery of these presents is lawfully
seized in her own right of a good absolute and indefeasible estate of
inheritance in fee simple of and in all and singular the above granted
bargained and described premises with the appurtenances and has good
right full power and lawful authority to grant bargain sell and convey
the same in manner and form aforesaid. And that the said party of the
second part her heirs or assigns shall and may at all times hereafter
peaceably and quietly have hold use occupy possess and enjoy the above
granted premises and every part and parcel thereof with the
appurtenances without any let suit trouble molestation eviction or
disturbance of the said party of the first part her heirs or assigns or
of any other person or persons lawfully claiming or to claim the same.
And that the same are now free clear discharged and unencumbered of and
from all former and other grants titles charges estates judgments taxes
assessments and encumbrances of what nature of kind soever.
And also that the said party of the first part and her heirs and all and
every other person or persons whomsoever lawfully or equitably deriving
any estate right title or interest of in or to the herein before granted
premises by from under or in trust for her or them shall and will at any
time or times hereafter upon the reasonable request and at the proper
costs and charges in the law of the said party of the second part her
heirs and assigns make do and execute or cause or procure to be made
done and executed all and every such further and other lawful and
reasonable acts conveyances and assurances in the law for the better and
more effectually vesting and confirming the premises hereby intended to
be granted in and to the said party of the second par her heirs and
assigns forever as by the said party of the second part her heirs or
assigns or her or their counsel learned in the law shall be reasonably
devised advised or required.
And the said Helen R Russell her heirs the above described and hereby
granted and released premises and every part and parcel thereof with the
appurtenances unto the said party of the second part her heirs and
assigns against the said party of the first part her heirs and against
all and every person or persons whomsoever lawfully claiming or to claim
the same shall and will warrant and by these presents forever defend.
In witness whereof the said party of the first part has hereunto set her
hand and seal the day and year first above written
Sealed and delivered
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In the presence of
} Helen R Russell
(seal)
Arch D Russell
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State of New York
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City and County of New York
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On this seventh day of December in the year one thousand eight hundred
and eighty five before me personally came Archibald D Russell
subscribing witness to the within conveyance with whom I am personally
acquainted who being by me duly sworn said that he resided in the City
of New York that he was acquainted with Helen R Russell and knew her to
be the person described in and who executed the said conveyance and that
he saw her execute and deliver the same and that she acknowledged to him
the said Archibald D Russell that she executed and delivered the same
and that the said Archibald D Russell thereupon subscribed his name as a
witness thereto
Arthur Simonson
Notary Public Kings Co
Certificate filed in N.Y.Co.
State of New York
}
City and County of New York
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I, Patrick Keenan 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 Arthur Simonson has filed in the
Clerks Office of the County of New York a certified copy of his
appointment as Notary Public for the County of Kings with his autograph
signature and was at the time of taking the proof or acknowledgment of
the annexed instrument duly authorized to take the same and further that
I am well acquainted with the handwriting of such Notary and verily
believe the signature to the said certificate of proof or acknowledgment
to be 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 hereinto set my hand and affixed the seal of
the said court and county the 7th day of Dec. 1885
Patrick Keenan,
Clerk
A true record entered on December 8th 1885 at 2:25 p.m.
J D Wurts,
Clerk
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