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This Indenture made the 13th day of December, one thousand eight hundred and fifth one between
Archibald Russell Gentleman of Esopus Ulster County and State of New York and
Helen R Russell his wife, parties of the first part and John Jacob Astor Junior of the City County and State of New York of the second part.
Witnesseth that the said parties of the first part for and in consideration of the sum of twenty seven thousand five hundred dollars lawful money of the United States of America, to them 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, his heirs executors, and administrators for ever released and discharged from the same by these presents have granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part and to his heirs and assigns forever
All that, certain tract of land at Esopus aforesaid being a portion of Lot Number (11) Eleven of the three mile or River Lots in the North Division of the Patent of New Paltz lying and situate within the Township of Esopus County of Ulster and State of New York which said tract of land hereby conveyed is bounded and contains as follows
Beginning on the Hudson River at a Pitch Pine tree on the Division line between Lots numbers (11) and (12) eleven and twelve in said Patent, thence running along said division line North Seventy four degrees West forty two chains and sixty eight links to the centre of the public highway leading from Newbergh to Kingston thence [2] along said highway South four degrees East, thirteen chains more or less to the entrance Gate thence [3] still along said highway South twenty seven degrees East thirteen chains and fifty five links more or less to the South line of the said tract or lot hereby conveyed thence [4] along said line as the fence now stands South Seventy two degrees East, thirty one chains and thirty links to the Hudson River thence [5] along said River in a Northerly direction about twenty four chains to the place of beginning Containing as Surveyed by Mark W Powell in December 1851 eighty four acres and six tenths of an acre. Be the said several dimension or contents more or less.
And also the right, title interest, estate and advantages which the said Archibald Russell acquired and now has or might hereafter have by virtue of a certain Act of the Legislature of the State of New York entitled “An act to authorize Archibald Russell to erect a dock or wharf in the Hudson River in the Town of Esopus adjoining his lands” passed May 14th 1845
Together with all and singular the tenements heredi5taments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof. And also all the estate right, title interest, dower & right of dower 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 his heirs and assigns to his & their own proper use benefit and behoof forever.
And the said Archibald Russell for himself, his heirs executors and administrators doth covenant, grant and agree to and with the said party of the second part his heirs and assigns that the said Archibald Russell at the time of the sealing and delivery of these presents is lawfully seized in his 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 right, aforesaid and hath good right, has full power and lawful authority to grant, bargain sell and convey the same in manner and from aforesaid. And that, the said party of the second part, his heirs and assigns shall and may at all times hereafter peaceable 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 parties of the first part their heirs or assigns or of any other person or persons lawfully claiming or to claim the same. And that the same now are freee clear discharges and unencumbered of and from all former and other grants to the charges estates judgments taxes assessments and encumbrances of what nature or kind soever. And also that the said parties of the first part and heirs and all and every other person or persons whatsoever lawfully or equitable deriving any estate right title or interest of in or the hereinbefore granted premises by from under or in trust for 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 his 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 f the second part his heirs and assigns for ever as by the said party of the second part his heirs or assigns or his or counsel learned in the law shall be reasonable devised advised or required.
And the said Archibald Russell and his heirs the above described and here granted and releases premises and every part and parcel thereof with the appurtenances unto the said party of the second part his heirs and assigns against the said parties of the first part and their heirs and against all and every person and persons whomsoever lawfully claiming or to claim the same shall and will warranty and by these presents defend ---
In witness whereof the parties to these presents have herein
interchangeably set their hands and seals the day and year first above written.
Sealed and delivered in the presents of }
Arch Russell (seal)
D Hobart
} Helen R Russell (seal)
City and County of New York }
On the thirteenth day of December one thousand eight hundred & fifty one before me came Archibald Russell and Helen R his wife known to me respectively to be the individuals described in & who executed the within conveyance and acknowledged that they executed the same and the said Helen R being privated, examined by me apart from her husband further acknowledged to me that she executed the said conveyance freely & without any fear or compulsion or or from her said husband.
D Hobart Commissioner of Deeds
State of New York
}
City and County of New York }
I George W Riblet, Clerk of the City and County of New York do hereby certify that D Hobart whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument and thereon written was at the time of taking such proof or acknowledgement a Commissioner of Deeds for said city and county dwelling in the said city commissioned and sworn and duly authorized to take the same. And further that I am well acquainted with the handwriting of such Commissioner and verily believe that the signature to the said certificate of proof or acknowledgment is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said county the 30th day of December 1851
Geo W Riblet, Clerk
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