Doris Ogden's Deed of Oakdene to her Daughters
This Indenture
Made
the ___ day of August, Nineteen Hundred and Eighty-three
between
DORIS A. OGDEN, residing at 416 A Valley Hi Circle, Colorado Springs, Colorado
80910,party of the first part,
and
ELIZABETH
WAHLER, residing at Route 1, Box 457B, Sumner, Washington 98390, KATHERINE
GATELEY, residing at 3201 West Platte Avenue, Colorado Springs, Colorado 80904,
HELEN A. OGDEN, residing at 5135 Shoup Road, Colorado Springs, Colorado 80908,
POLLY 0. SPITAL, residing at 1200
Dunning Way, San Dimas, California 91773, and VIRGINIA MURRAY, residing at
Delling Road, Wolcott, New York as tenants in common, parties of the second
part,
Witnesseth
that the party of the first part, in consideration of One Dollar ($1.00) lawful
money of the United States, and other good and valuable consideration paid by
the parties of the second part, does hereby grant and release unto the parties
of the second part their distributes and assigns forever, all THAT TRACT OR
PARCEL OF LAND, situate in the Town of Wolcott, County of Wayne and State of
New York, including but not limited to Lots Numbers 269 and 270 in Williamson’s
Patent surveyed together as one lot, and bounded as follows: On the north by
the low water line of Lake Ontario; on the south by the center line of what is
or was a public highway, three rods wide as originally laid out and accepted,
which said highway is contiguous to said town lots 269 and 270 and town lot 268
on the south; on the east by certain premises conveyed in a deed recorded in
Wayne County Clerk’s Office in Liber 248 of Deeds at page 37; and on the west
by premises lying on the west side of Blind Creek, so-called, conveyed in a
deed recorded at Wayne County Clerk’s Office in Liber 105 of Deeds at page 334.
The party of the first part intends to
include in this conveyance and does so include and convey all of the lands and
interests conveyed to the said Howard C. Spencer by deeds recorded in the Wayne
County Clerk’s Office in Liber 297 of Deeds at page 121 and Liber 299 at page
230.
This conveyance is made subject to
restrictions, and together with rights contained in a deed from Howard C.
Spencer and Gladys S. Spencer, which deed is recorded in Wayne County Clerk’s
Office in Liber 439 of Deeds at page 117, and which deed ran to party of the
first part and her husband, Edward M. Ogden, now deceased, he having died in
Rochester. New York, November 28, 1959.
EXCEPTING AND RESERVING from the above
described premises parcels conveyed to Virginia 0. Murray and Katherine Gateley
in 1982.
This conveyance is subject to three options
this day given to Elizabeth Wahler, Helen A. Ogden and Polly 0. Spital.
This conveyance is made subject to the rights
of others to the use of a private road running in a general north-south
direction near the west line of the parcel heretofore conveyed to Gately, and
grants unto the parties of the second part the right to the use of said private
road or right—of—way.
There is further granted to the grantees,
Elizabeth Wahler, Helen A. Ogden and Polly 0. Spital, the following option,
which option is subject to the following conditions:
1. Each of these individuals may elect on a
first come, first served basis, to have conveyed to them a 15 acre parcel of
land on the above described premises, subject to the following conditions:
A. Any parcel selected must have, as one of
its boundaries, the north-south right-of-way and, in the case of those choosing
the east side of the right-of-way, must be bounded by the east line of
property hereinabove described; in the case
of anyone choosing the west side of the right-of-way, the west line must be
bounded by the west line of the property hereinabove described.
B. Any parcel selected must be adjacent to
and abut upon the parcel heretofore conveyed to either Gateley or Murray, or
upon one of the two parcels previously selected by either of the three persons
to whom this option is given.
C. In no event shall any of the parcels to be
selected abut on the Lake.
D. The option shall be exercised by serving
written notice upon grantor of intention to so exercise option, and as stated
above, such option shall be granted on a first come-first served basis as above
set forth.
Party of the first part reserves the right to the use of the above described premises for and during her lifetime.