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HomeMy WebLinkAboutVICTORIA, WILLIAMWILLIAM WICKHAM RICHARD F. LARK LAW OFFICES WILLIAM WICKHAM MAtTItUCK, lONG ISLAND NEW YORK 119S2 516-298-8353 November !8~ 1968 Board of Trustees Do~% o£ Southold Hain Road Southold~ New York bear A!Vah: Attn: Hr. Atvah Goldsmith Chairman Re: William and Regina Victoria Pursu~et to our recemt phone conversation~ i am enclosing two copies of the proposed agreement: both o£ which have been executed by the Victorias. If everything is in order please date and sign the agreement and return one copy to me. Iv in turn~ will infform Victoria that everything is accept- able and have him commence work so that it might be completed within the sixty day period. I want to thsm_kyou personalty~ and the other Tmustees~ for the courtesies extended me in this matter. RFZ/as encls. Very truly yours~ Richard F. T,ark AGREF~tENT made this - day o£ ~~ i968~ between the BOARD O~ TRUSTEES of the TO~N 0~ SOUTHOLD~ party of the first part~ and ~YZ~LI~M VICTORZA aud REGZNA VICTORIA~ his wi£e~ residing at Bayview Road~ Southoid~ New York~ parties of the second part: W I TNESS~TH: WHEREA$~ the parties o£ the second part are the o~ers of a parcel of land with improvements thereon~ bordering on Corey Creek~ situate at Bayview~ Southold~ Tow~ of Southold~ Su~£olk Coumty~ New York:~ amd ~Z~EREAS~ the parties of the second part have heretofore made appiicatiom to the part~ o£ the first part for a grant of a tract of land bordering on the southerly boundary of the land o£ the ~arties oS the second par¢~ which such tract was the result oS the Lumping oS spoil from the dredging oS Corey Creek by the Cou~t-y oS Su~£o!k and the dumping oS bog amd loam from the dredging of a boat ~asim by the parties of the second part on their property~ and 'W-~LEREAS~ a dispute between the parties hereto has arisen as to the location at the present time of the high water mark of Corey ~reek in this area; aud WHEREAS~ the parties hereto desire to fix a~d de£initely .~stabtish the high water mark of Corey Creek along property of the ~arties oS the second part~ NOW~ r~zERE~OR~ in consideration of One (~1.00) ~oltar and ~ther good a~d valuable consideration amd the mutual covenants here- in~ the parties mutually covenamt a~.d agree for themselves~ their heirs~ successors amd assigns as follows: ~IRST: The parties of the second part~ within sixty (60) days from the date of this agreement~ agree to remove the bog amd ioam~ ~ud then grade on a 1:3 slope back from the proposed high water ~ark oS Corey Creek as shown on a survey £or William and Regina ~ictoria dated October 3!~ 1968~ prepared by Robert Ac Kart~ Land Surveyor~ N~Y~S. Lic. No. 28725~ Riverhead, New York~ which is attached hereto and made a part hereof as "Exhibit A.~' Said bog and loam to be removed is on land bounded and described as follows: BEGINNING at a point on the boundary line between the land of the parties of the second part amd land now or formerly of the Koke Estate~ said point being t~i09.95 feet on a course South 25° 53' West along said boundary line from the southwesterly line of Main Bayview Road; r~uming thence along the b~gh water mark of Corey Creek as of 0ct~oer 30, 1968 in an easterly direction 306~0 feet more or less to a pipe; thence along the high water mark of Corsy Creek as of October 30, 1968 in au easterly and north- easterly direction 218.0 feet more or less to a point; thence South 50° 25' 40" West 200.07 feet to a pipe placed at the high water mark of Corey Creek as of October 30~ 1968; thence North 72° 547 20~'' West 292.77 feet to the boundary line between the parties of the second part and land now or formerly of the Koke Estate; running thence along said boundary line South 25° 53' West 40.~7 feet to the point or place of BEGINNING. SECOND: ~en the bog and loam are removed, as depicted by the survey marked '~E~mhibit A," the party of the first part agrees to give a grant in the form Of which is attached hereto as "Exhibit B," to the parties of the second part of the area between the tie lines as shown on the survey marked "Exhibit A~~' and more particu- iariy described as follows: BEGINNING at a point on the boundary line between the land of the parties of the second part and land now or formerly of the Koke Estate, said point being 1022.0 feet on a course South 25° 53~ West along said boundary line from the southwesterly line of Main Bayview Road; running thence along said land of the parties of the second part seven (7) courses and distances on t±e lines on the approxi- mate high water mark as of August 29~ 1962 as follows: (1) South 88° 00' East 2~0.0 feet; (2) North 8° 00' East 80~0 feet; (3) North 60° 45' East 140~0 feet; (4) South 86~ 00' East 48.0 feet; (5) North i9~ 15' East 48.0 feet; (6) North 46~ 30' East i00.0 feet; and (7) South 6a° 00' East 1i0.0 feet to the high water mark of Corey Creek; running thence five (5) courses and distances on the tie lines on the average high water mark of Corey Creek as follows: (i) South i9~ 45' 40" West 63.71 feet; (2) South 82° 06' ~0" West 72.79 feet; (3) South 62° 36' i0'~ West 47.72 feet; (~) South 36~ 30' ~0" West 58.30 feet; and (5) South 20° 36' 50" West $8.79 feet to a point along the high water mark formed by the intersection of a line entit!ed~ "Proposed High Water Mark" as shown on a survey for William and Regina Victoria dated October 31, 1968, prepared by Robert A. Kart; thence along the proposed high water mark the following two (2) co~arses and distances: (i) South 50° 25' ~0" Wes~ 200.07 feet to a pipe placed on the high water mark of CoreY Creek as of October 30~ t968~ amd (2) North 72° 5~~ 207' West 292.77 feet to the said boundary line between the parties of the second part and land now or formerly of the Koke Estate~ ru~ning thence along said bo~udary line North 25° 53' East ~?.~8 feet to the point or place of BEGINNING. THIRD: It is mutuaily'covenamted amd agreed by and between the parties to these presents that this agreement shall run with the land amd be binding upon a~d enure to the benefit of the respective heirs, executors~ administrators, successors and assigns of each of the parties hereto. IN WITNESS ~WEEEiEEOF, the parties have hereunto set their hands and seals the day amd year first above written~ BOARD OF TRUSTEES of the TOWN OF SOUTHOL ~Llvah Goldsmith~ Chairman THIS INDENTURE MADE IN DUPLICATE the ~-~ day of ~~ between the TOWN OF SOUTHOLD, in the County of SuffOlk and ~tate of New York, by a majority of its duly elected Trustees, and Ln pursuance of Chapter 615 of the Laws of New York~ passed in 1895 · nd in pursuance of a written resolution adopted by a majority of the Board of Trustees of said Town of Southold at a meetiz~ held )ursuant to notice duly giv~mbers thereof on the .ay of ~ p~tyxof the first part and WILLIAM VIOTORIJ ~e /at Bayview Road, Southold, · ud REGINA VICTORIA, his wife, siding part; \ That the par~of t~ firg$ part in consideration of the sum ~f One ($1.00)Do~l~--~ [ \to s~id Town duly paid before ~the delivery,~ xereo~f doth hereb~ gr~argain~ sell and release Unto the said parties of t~se~ond part, their heirs and assigns forever', ALL that t~or parcel of land, situate at Bayview, Southold~ ~Oll wsP°Wno°f:S°uth°ld~, S~folk County, New York, boUnded and described as BEGINNING at a point on the boundary line between the land of the parties of the second part and the land now or formerly of the Koke Estate, said point being 1022.0 feet on a course South 25° 55~ West along said boundary line from the southwesterly line of Main Bayview Road; r~nning thence along said land of the parties of the second part seven (7) courses and distances on tie lines on the approxi- mate high water mark as of August 29, 1962 as follows: (1) South 88° 00' East 2Au0.O feet; (2) North 8~ 00' East 80.O'feet; (5) North 60° $5' East l#O.O feet; (#) South 86* .00' East ~8.0 feet; (5) North 19~ 15' East #8.0 feet; (.6) North #6° 50' East lO0.0 feet; and (7) South 6~~ 00' East llO.0 feet to the high water mark of Corey Creek; running thence seven (7) courses and distances on~ the tie lines on the average high water mark of Corey Creek as follows: (1) South 19~ ~5' ~0" West 65.71 feet; (2) South 82~ 06' #0" West 72.79 feet; (5) South 62~ 56' 10" West ~7.72 feet; (4) South 36~ 50' 40" West 58.50 feet; (5) South 20° 56' 50" West 68.79 feet; (6) South 50° 25' ~0" West 200~07 feet; and (7) North 72° 54' 20" West 292.77 feet to the said boundary line between the parties of the second part and the land now or formerly of the Koke Estate; running thence along said boUndary line North 25~ 55' East ~7.~8 feet to the point or place of BEGINNING. TO ~L~VE AND TO HOLD the above mentioned and described premises with the appurtenances unto the said parties of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, the said Town of Southold, party of the first part, has by a majority of the Board of Trustees of said Town, caused i~s corporate seal to be hereunto affixed, and these presents to be subscribed by a majority of the said Board of Trustees, the day and year above written. STATE OF NEW YORK: : ;OUNTY OF SUFFOLK: o= )ersonally came ~v~ I"~. before me all personall~own to me who, being by me duly sworn, severally said that they each reside in the Town of Southold, County of Suffolk and State of New York, and were members of the Board of Trustees of said Town of Southold and constituted a majority of the same; that they know the corporate seal of said Town of Southold; that the seal affixed to the foregoing instrument was such corporat~ seal; that it was thereunto by order of the Board of Trustees of said Town of Southold, and that each one signed his name thereto as a Trustee and by like order. Notary P~ic ~-~r Of March~ 1970 ~, ' e~d ~A ViO~DA~A~ his ~¢~fe~ ......... W I T ~'E ~f One (e~ r~ .~..~ to s~ Town 8z~ p~d before ¢~,e delivez~y To~ of $out!~el.d~ Suffolk Co~y~ ~{ew York~ bo-~ed ~ desoribe.~ a~ fo!lows.; from ~e s sCerly line of }L~ ew Roae~ ~i~ 80~0 fee~, (23 ;o~th_~ ~5 ~t0.0 feet to the high water (~¢ 40 ~¢es~ G~.7~ fee~, ~2) Soutl~ 06 bo~d~ &zne be~e.en the l~ti.es of t~ po..=~ oz p!~e o. On ~his 2nd ~$~ of ~rch~ 19'70 ~ ~fome me pez~s~l~~' o~ Alvah B. Goldsmith~ Frank Dawson~ George Simpson and Douglas Robertson, 9rus'teea of s~id ~o~ of Sou~oli ~%i oons~it:i~ea a ma~Jo~it? of She ~hat ~e se~ ~fixed to ~!le foPe~o~ iuseP~.~'t was such coiT~ora~:~ ~A~ PUBUC, State oi ~'mw 'fodk ..... ~A S¢~olk Count~. TYPICAL 5~= CTION TABLE OF EARTHWORK(~.~o×) GRAND TOTAL 12t,706c7. ~r Itt' C ,I C,~ E. E: MAP SHOWI klG P~OPOS F_[3 DREDGING IN COREY CREEK TOWN OF $OUTHOLD,SU~FOLK COUNTY, N.~'. SCALE.: 1":200' RECOMMENDED BY: kPPROVED BY _ APPROVED APPRgVE~ ~Y ~ Z/' ~.~ ~ /~ ~, 'DATE 1~ TI E.,$ CHECKED By TRACED ST: COMPARED B'(. ~,,~ 75 I TAIDULATION OF COORDINATES P'" TRIANGULATION ~,TATION3 r ~9~00 2,43g,~gG77 ~ Z~,022~3 RO,L z97,~o