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HomeMy WebLinkAboutJOCKEY CREEK DRIVEX In the Matter of the Laying out of a certain town highway in the Town of Southold, County of Suffolk and State of New York. X CONSENT OF TOWN BOARD. TO PROPOSED TOWN HIGHWAY MULLEN, edged, UPON READING AND FILING the application of KATHRYN K. formerly known as EATHRYN K. CLASING, dated and acknowl- May'~ , 1965, and the dedication and release of said Kathryn K. Mullen, formerly known as Kathryn K. Clasing, dated May~, 1965, and duly acknowledged, dedicating and releasing the necessary lands for a proposed town highway to extend from Jockey Creek ~ at the Westerly boundary of land of Kathryn K. Mullen, formerly known as Kathryn K. Clasing, through said lands Easterly to the West side of 0akl~w~L Avenue. RESOLVED that, in accordance with the provisions of Section ltl of the Highway Law of the State of New York, consent be and the same hereby is given that the Town Superintendents of Highways of the Town of Southold make an order laying out the aforesaid town highway, the said town highway to consist of the lands described in the said dedication and release and to ex- tend as delineated upon the map thereto annexed, and it is further RESOLVED, that the Town Clerk be and he hereby is directed to forthwith cause such release to be recorded in the Office of the Clerk of the County of Suffolk and, upon its return, to attach it hereto. Dated~ ~ 7 1965. T01~NBOARD OF THE TOWN OF SOUTHOLD By COUNTY~UFFOLK, NEW YORK. Supervisor J Jus~i6e of the F6ace. rJu~tice~f tho Peace Justice of the Peace Town Codncilmah Town C'o unc ilman © X In the Matter of the ~aying out of a certain town highway in the Town of Southold, County of Suffolk and State of New York. X ORDER LAYING OUT HIGHWAY ON RET~ASE FROM OWNER Application having been duly made for the laying out of a town highway in the Town of Southold, Suffolk County, New York, extending from Jockey Creek~.~ at the Westerly boundary of ~and of KATHRYN K. MUT~r~EN, formerly known as Kathryn K. Clasing, through said lands Easterly to the West side of Oak- Lawn Avenue, and a dedication and release from the owner of and other persons interested in the lands through which the highway is proposed to be opened, having been given; NOW, THEREFORE, I, the Town Superintend of Highways of the Town of Southold, County of Suffolk, New York, do hereby determine and order that a town highway shall be, and the same is hereby laid out in said Town as follows: Situate, lying and being at Southold in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: Beginning at an iron pipe in the direct extension easterly of the northerly line'of Jockey Creek Drive, S. 77 46~ 50" E. - 100.O feet along said easterly ex- tension, from the easterly terminus of said northerly line, said point of beginning being also N. 9© 35' 30" E. - 75.07 feet from a monument at the southeasterly corner of the "turnaround" at the easterly end of said Jockey Creek Drive, from said point of beginning running in said direct extension easterly of said northerly line, S. 77© 46, 50" E. - 150.0 feet; thence N. 84© 27' 50" E. 191.75 feet to the westerly line of Oaklawn Avenue; thence along said westerly line S. 25° 03~ 00" E.- 53.05 feet; thence S. 84° 2?' 50" W. - 217.28 feet; thence in a direct extension easterly of the southerly line of said Jockey Creek Drive,N.~7° 46' 50" N. ~ 155.51 feet; thence N. 9° 35' 30" E. - 50.05 feet to the point of beginning. The above described proposed highway being 50.0 feet in width. T~own ~upe~i~t~ndent of Highways O O In the Matter of the Laying out of a certain town highway in the Town of Southo~d, County of Suffolk and State or_New York. APPLICATION TO LAY OUT A TOWN HIGHWAY TO THE TOWN SUPERINT~L~EmT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, IN THE coU~T~ OF SUFFOLK: ' The undersigned, an inhabitant of the Town of Southold, liable to be assessed for highway taxes therein, hereby applies to you to lay out a highway in said Town, commencing at an iron pipe in the direct extension easterly of the northerly line of Jockey Creek Drive, S. 77° 46' 50" E. - lO0.O feet along said.easterly extension,_from the easterly terminus of said northerlYollne, said point of beginning being also N. 9 35' 30" E. - 75.07 feet from a monu- ment at the southeasterly corner of the "turna- round" at the easterly end of said Jockey Creek Drive, from said point of beginning running in said direct extension easterly of said northerly line,S. 77e_ 46'_50" E. - 150.0 feet; thence N. 84° 27' 50" E. 191.75 feet to the westerly line of SaklawnAvenue; thence along said westerly line S. 25° 03' 00" E. - 53.05 feet; thence S~. 84° 27' 50" W. - 217.28 feet; thence in a direct extension easterly of the southerly line of said Jockey Creek Drive, N. 77° 46' 50" W. - 155.51 feet; thence N. 9v 35' 30" E. - 50.05 feetto the point of beginning. The above described proposed highway being 50.0 feet in width, which proposed highway will pass through the lands of the under- signed. Hereto annexed and made a part hereof, is a certain map showLng the course of the said proposed highway. Dated, this~day of May, 1965. STATE OF NEWYORK) COUNTY OF SUFFOLK) OU this ~ q day of May, 1965, before me personally came EATERYNK. MULr.k~, formerly kmcwn as EATHRYNK. CLASING, to me kn0Wnamd kno~ to me to be the individual described in, and who executed the foregeing Application~Lay Out a Town Highway, WALTER G. KAPP ~ARY PUBLIC, State of New No. 52-2034700 Residing in Suffolk AFFIDAVIT STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) KATHRYN K. MULLEN, formerly known as Kath~yn K. Clasin~, bein~ duly sworn deposes and says: That there are no judgments against me and I am not the same Katherine Mullen against whom a judg- ment was entered by Sears Roebuck and Company in the amount of $334.05 on February 21, 1964· Sworn to before me this ~/~d~f June, 196~. WALTER O. KAPp NOTARY PUBLIC, State of N~W In the Matter of the Laying out of a certain town highway in the Town of Southold, County of Suffolk and State of New York. X X DEDICATION AND RET~SE OF L~NDS FOR TOWN HIGHWAY WHEREAS, application has been duly made to the Town Superintendent of Highways of the Town of Southold, in Suffolk County, New York, for the laying out of a certain town highway to extend from Jockey Creek ~ki~at the Westerly boundary of land of Kath~yn K. Mullen, formerly known as Kath~yn K. Clasing, ttLvough said lands Easterly to the West side of 0aklawn Avenue. NOW THEREFORE, the said Kathryn K. Mullen, formerly known as Kathryn K. Clasing, residing in the aforesaid town, does hereby dedicate, release and convey to the said Town of Southold, for highway purposes, the following lands, towit: Situate, lying and being at Southold in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: Beginning at an iron pipe in the direct extension easterly of the northerly line of Jockey Creek Drive, S.77° 46~ 50" E. - 100.0 feet along said easterly ex- tension, from the easterly terminus of said northerly line, said point of beginning being also N. 9° 35~ 30" E. - ?5.0? feet from a monument at the southeasterly corner of the "turnaround" at the easterly end of said Jockey Creek Drive, from said point of beginning run- hung in said direct extension easterly of said northerly line, S. 77° 46, ~0" E. - 150.0 feet; thence N. 84° 27' 50" E. 191.?~ feet to the westerly line of 0aklawn Avenue; thence along said westerly line S. 25° 03t 00" E. - ~3.0~ feet; thence S. 84° 27' 50" W. - 217.28 feet; thence in a direct extension easterly of the southerly line of said Jockey Creek Drive, N. 77° 46, ~0" W. - 155.51 feet; thence N. 9° 35' 30" E. - 50.05 feet to the point of be- ginning. The above described proposed highway being 50.0 feet in width. The lands hereby dedicated, released and conveyed are specifically shown and delineated upon the certain map which is hereto annexed .and made a part hereof. AND ~ DO CERTIFY that the considerations paid to me, the undersigned, for this dedication and conveyance is the sum of One I)olla~nd other valuable considerations. IN WIT~ESS I~EREOF, I have caused these presents to be executed and sealed this ~-~ day of ~/~ 1965. STATE OF NEW YORK COUNTY OF SUFFOLK SS.: On this ~ day of May, 1965, before me personally came KATHRYN K. MULLEN, formerly known as EATERYN K. CLASING, to me known and known to me to be the individual described in, and who executed the foregoing Dedication and Release of Lands for Town Highway, and acknowledged tha~he executed the same. ~HALTER G. KAPP RECORDED AUG, 10 196~ NORMAN £. KLIPP Clerk of Suffolk County " O0 I F"F"FB~q"$ PAINE I~D'~ON November 25, 1963 Mr. Albert Richmond Town Clerk of Southold Town Main Road Southold, New York Re: Dedication of Jockey Creek Drive Dear Albert: We enclose herein deed made by the Terry family to the Town of Southold, dated March 8, 1963 and recorded November 14, 1963 in Liber 5450 at page 534. This deed conveys the highway. We also enclose deed made by the Terry family to the Town of $outhold, dated October 22, 1963 and recorded November 14, 1963 in Liber 5450 at page 531. This deed conveys the 10 foot easement from Jockey Creek Drive to the creek. throughout Enc. Thank you very much for y~Mr kind cooperation this matter. , ~ ....~ : S~i'~co ~e ly'i' ~e~s P. Edson ' ' O0 O0 LEFFERTS PAINE EDSON October 24, 1963 The Hon. Lester M. Albertson Supervisor, Town of Southold Greenport, New York Re: Dedication of Jockey Creek Drive Dear Let: In accordance with the request of the Board, we su~it herewith in behalf of the Terry Estate a conveyance to the Town of an easement 10 feet wide running from the road to the creek adjoining land of Clasing. We also enclose check in the amount of $5.50 for the recording fee. I think that this document completes the obligation of the Terry Estate in the matter of the dedication. We thank you and the Board very much for your kind and courteous cooperation. O0 O0 L.EFFERT8 PAINE ED$ON TO: Hon. Lester M. Albertson, Supervisor Town of Southold. Revised improvement assessment report. Re: Jockey Creek Drive Land Ray Terry 1300 Ellis Terry 1000 Roger DeMott 1200 G W Smith & Sone 1000 4900 Terry Estate (Sue Terry's) 10200 12200 Land and Bldgs Bldgs only 5100 3800 4500 3500 5900 4700 3900 2000 Total ...... 17900 Need 15880 to comply with requirements. Simmons is about to build on Creek front. Plans in the Southold Savings Bank indicate building assessment of at least 5000 Have .another lot about to go to contract with party who has expressed intent to build in immediate future. Dated: October 22, 1963 O0 O0 L.E:~ P~It4E: ~D~ON ATTOgN~ AT ~ December 2, 1963 Mr. Albert Richmond Town Clerk Town of Southold Main Road $outhold, New York Re: Jockey Creek Drive Dear Mr. Richmond: We enclose herein the Dedication and Release in connection with the release of Jockey Creek Drive, which was recorded in the Suffolk County Clerk's office on Nov- ember 21, 1963 in Liber 5455 at page 297. I guess this completes the matter. Many thanks. Enc. Southold Town Planning Board SOUTHOLO, L. I., N.Y. PLANNING BOARD MEMBERS John ~/icl~hem, Chairmen 1-tenry Moise Alfred Grebe Archibald Young ',X/il lie m U nJcelbach Repor~ to: Southold Town Board South Street Greenport, New York March 20, 1963 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board on March 19, 1963: In the matter of the application to lay out a town highway to be known as Jockey Creek Drive by Edith M. Terry, Ellis M. Terry, Raymond W. Terry, Jr. and Susan H. Terry, the Planning Board favorably recommends to the Town Board the acceptance of this road by the Town of Southold as shown on map by Otto W. Van Tuyl & Son dated February 12, 1963 and bounded and described as follows: Beginning at a point on the easterly line of the Main (State) Road at the southwesterly corner of land of Susan H. Terry, running thence along said land of Susan H. Terry, S. 79° 00' 50" E. 90.27 feet; thence along said land of Susan H. Terry and land of the Christian Science Society, Southold, N.Y., N. 78° 57' 50" E. 184.38 feet; thence along the last described land and then along land of Susan H. Terry and Raymond W. Terry Estate, three courses as follows: (1) S. 77° 46' 50" E. 1452.43 feet; thence (2) N. 9° 35' 30" E. 25.02 feet; thence (3) S. 77° 46' 50"E. 100.0 feet to land formerly of Leicht, thence along the last described land, S. 9° 35' 30" W. 100.10 feet to a monument; thence along land of said Susan H. Terry and Raymond W. Terry Estate and land of M. Glover, R. DeMott, R. W. Terry, Jr. and land of Ellis Terry three courses as follows: (1) N. 77° 46' 50" W. 100.0 feet; thence (2) N. 9° 35' 30" E. 25.02 feet; thence (3) N. 77° 46' 50" W. 1444.43 feet to a monument; thence along land of said Ellis Terry and land of G. W. Smith & Sons, S. 78° 57' 50" W. 183.81 feet to a monument; thence along said land of George W. Smith & Sons, N. 79° 00' 50" W. 100.0 feet to a monument on said easterly line of the Main (State~ Road; thence along the last described line, N. 10° 59' 10" E. 50.0 Page 2 - Report to: Southold Town Boar feet to the point of beginning. Together with an easement for drainage over the following described parcel of land: Beginning at a concrete monument set on the southerly line of Jockey Creek Drive as above described, $. 77° 46' 50"E. 789.58 feet from the monument on said southerly line of Jockey Creek Drive at the northerly end of land of Ellis Terry; running from said point of beginning along the southerly line of Jockey Creek Drive, S. 77° 46' 50" E. 50.00 feet to a monument; thence S. 12° 13' 10" E. and passing through a monument near its southerly end, 310 feet, more or less, to the ordinary high water mark of Jockey Creek; thence northwesterly along said ordinary high water mark 115 feet, more or less, to a point 100 feet westerly from the last described course, measured at right angles thereto; thence N. 12° 13' 10" W. 100.0 feet; thence S. 77° 46' 50" E. 50.0 feet to a monument; thence N. 12° 13' 10" W. 150.0 feet to the point of beginning. Said easement passing through land of Susan H. Terry and R. W. Terry Estate, which proposed highway will pass through the lands of Edith M. Terry, Individually and Edith M. Terry and Ellis M. Terry and Raymond W. Terry, Jr., as Executors of Last will and Testament of Raymond W. Terry. Dr., deceased, and Susan H. Terry, who consent to the laying out of the highway. RespectfulLy submitted, John Wickham, Chairman Southold Town Planning Board O Title No. 12~8~F Examined by: A~.~[u App,~ved by: t title under the W~ll n~ hn~ mn~her~ Subiect however to: 1. Mortgages: NoDe 2. Taxes: 3. Covenants and Restrictions: No~le 4. Judgment: One ret~Arned herein vs Katherine Mullen- T=ke affidavit from Kathryn K. Mullen that it is not against her, 5. Transfer mx: None 6. Deb~ ofdecedent: None T. Any state of facts shown by an accurate survey. 8. Any state of facts shown by a personal inspection. 9. Rights of tenants and persons in possession. 10. Building restrictions and zoning ordinances. Sea objection #15 Except Except No violations 11. Any and all returns shown by a search of Federal Court record and any loss or damage occasioned by such returns, if any s~ch there be. (See reverse side for other objections.) Objections co~ntinued ' 12. Water rates, if any? Except $ 1 .~. ( For information only.) No search has been made in any Town Clerk's Office for conditional bills of sale and chattel mortgages. l~. Premises are shown on map drawn March 29~ lg6~ by Va~ TuyI & Son entitled "Mao of Prooosed Highway to be know~ ss Jockey Creek Drive "E×tension" at Southold. The undersigned: nn attorne_V-at-law: residing and having his office at.R_!verhead~. N..~. DOES HEREBY CERTIFy to the Town Board of the Town n~ 20UthO!d from_ ~ that th~ t~t]~ tn the premi~e~ described in Schedule vested as shown b~ the foregoing r~ort and subject ~1~? ~'r'v ~ ~ nn "A" hereof is found to be only as shown by said At tor ney-a t-law Dated: Riverheadt N,Y, May 25, 1965 $_ JUDG~IENT8 V~. Ka~her£ne Mtttlen 15 Lockwood l~ Bay l~hor®, N.Y. ADS ~ear~ Roebuok an~ Lav~eno® Ave. ~mi~h~own, ~sa-18-6~ voo~. z/aS/~ ~h Diet. Suffolk 0o. Bernard 8aohar 1~1 8ml~h~ovn-By-Pass Hauppa~ue, TAX REPORT Premises are assessed on the 1963-65 tax rolls as follows:- Southold~ Town of Southold (Uninc) - School District Assessed to Kathryn K~ Clasing 196~-65 Town 1963-6~ Town N x John Charnews E x 0aklawn Ave S x Creek W x G.H.Terry - Charnews $.9 acres Valuation $19OO/$19OO. and School taxes possibly unpaid? and School taxes amounting to $1~2.38 paid No unpaid taxes. O SCHEDULE "~" DESCRIPTION OF PI~EMISES ALL that certain strip of land situate, lying and being at Southold, in the Town of Southold. County of Suffolk and State of New York~ being a continuation easterly of Jockey Creek Drive through the land of Kathryn K. Mullen, formerly known es Kathryn K. Clasing, to 0aklawn Avenue and to be known as Jockey Creek Drive "Extension"~ bounded and described as follows:- BEGINNING at an iron pipe in the direct extension easterly of the northerly line of Jockey Creek Drive, S. 77· ~6' 50" E. lO0.O feet along said easterly extension, from the easterly terminus of said netherly line, said point of beginning being also N. 9· 35' 30" E. 75.07 feet from a monument at the southeasterly corner of the "turnaround" at the easterly end of said Jockey Creek Drive~ from said point of beginning running in said direct extension easterly of said northerly line, S. 77· ~6' 50" E. 150.0 feet; thence N. 8~ 27' 50" E. 191.75 feet to the westerly line of Oaklawn Avenue; thence along said westerly line S. 25~ 03' 00" E. 53.05 feet;thence S.8~· 27' 50" W. 217.28 feet; thence in a direct extension easterly of the southerly line of said Jockey Creek Drive, N. 77· ~6' 50" W. 155.51 feet; thence N. 9· 35' 30" E. 50.05 feet to the point of beginning. The above described proposed highway being 50.0 feet in width throughout. HISTORY One Israel Peck was in possession of a tract, including the premises under examination,at the time of his death on Oct. 13~ 1881. The deed next following herein Liber 3166 cp 103 describes said tract as being triangular in shape. This is not correct~ its shape and location is shown on excerpt returned herein from the 1909 Atlas and a more correct description of said tract is contained in the deed returned herein from Christopher Leicht to Caroline L. Eom recorded in Liber 3335 cp 381. File No.9177 ISRAEL PECK died intestate on Oct. 13, 1881 leaving him surviving: iT.LucY A. Nancy H. Peck - widow Emma L.P. Huntting - dau. Sarah E. Wheeler - dau. Annie M. Huntting - dau. Caroline M. Lowerre -dau. Isabelle G. Terry - dau. Peck - dau. The above appears from the petition of (1) sworn to Oct. 17 1 881 requesting that Letters be issued to (1) and William H. Terry H. Howard Huntting. Letters of Administration issued to (1) and to William H. Terry and H. Howard Huntting. A~NIE M. HU~TTING, a da.ughter and heir of Israel Peck, died intestate sometime prior te May 20, 192~ leaving her surviving as her only heirs at law and next of kin~ 1. Isabel P. Terry sister 2. Carrie M. Lowerre sister Sarah Wheeler sister Lue~ Conklin, formerly L~oy t. Peck - sister There is no record of her death in S~ffolk County Surrogate's Office. The above appears from the petition for the probate of the Will of her sister, Eima L. H~ntting next following herein. File ~26972 EIOfA L. HU~TTI~G died testate on May 30, 192~ leaving her survivin~ as her on~y heirs'at law and next of kin:- 21: Isabel MP: Terry Carrie Lawerre ~.Z Sarah ~heeler Lucy Conklin ~. H.Howard Huntting R1 of full age and sister- Southold, sister - do sister - de sister - do b~brothe~ and execut or sound mind. The above a~pears f~om the petition of (~) verified ~une 11, 1~2~. Letters Testamentary issued to (%) on June 18, 192~ - Liber 6 1~ ' NOTE BY EX~IN~ H.~oward Huntting, named as a brother of decadent in ~ above petition and in decedent's Will was not in fact a brother. If he w- he would have been named as a surviving son of Israel Peck and in that event his last name would have been Peck and not Huntting. He was most 1 a brother-in-law of decedent, probably the husband of Annie M. Huntting~ deceased. H. Howard Huntting died testate on March 27, 1931 (see l~3-P~-~ 19 It also appears from the petition for probate of his Will that (~) (2) (~ and (~) were not his sisters. LtST WILL ~ND TEST t~ENT Dated: Jan-.22~1920 Probated: June 18, 192~ Liber~ 78 wp 119 ~t L. HU~TTING I, EMMA L. RU~TTING of Southold, etc. First: I give and devise to uy sisters, Isabel P. Terry, Carrie M. Le~erre, 8arahWheeler and Lucy Conklin~yundivided interest ins- ill that tract or parcel of land situate, lying and being on the westerly side of Oak. lawn tvennue in the Town of Southold, County of ~8~.ffolk and State of New York~ bounded as foll~ws~ Easterly by Oaklawn tvenue, southerly by Jockey Creek, ~ortherly and westerly by lands of Gilbert H. Terry and ethers~ being triangular in shape and formrly a part of the lands of the late Israel Peck. Second: In the event of the death of any of my sisters before my decease, I give and devise the real property described in the first paragraph hereof to such of my sisters as survive me. Third~ To Mildred G. Dauch the su~ of $2%0.00 as a tiny remembrance of her love, devotion and care for Uncle Johnny and Aunt Em~y. Fourth: tll the rest, residue and remainder I give, unto ~y~rothe~ H H r H + . Lastly appoints H. Howard Huntting~Executor. In Witness Whereof etc. devise and bequeath /, - -2- L.~66 cp %0~ ~a~t ies ~eek. Together with all the right, title and interest of the of the first part of, in and to lands under water of Jockey EASEMENT RELEASE FOR TOWN DEED HIGHWAY CONSTRUOTION' MAPNo.5 O 0t~I~TOPHEa LEICHT 'Ack ~ s 0h~lstopher Leight to TOWN OF SOUTHOLD a municipal corporation of the State of New York s.s.a.* Dared May 12, 1936  Ack'd do /~/,~,0,/ ./'; Rec'd May 16, 1936 '~,~ .I/ . tiber 1862 Page 153 GRANTS unto the party of the second part, its legal representatives, together with the State Department of Public Works, County of Suffolk and the contractor to whom the contract may be awarded for the improvement of said highway, together with his workmen and employees, the right,license and privilege to enter upon the premises described herein for the purpose of the construction or reconstruction of said highway without becoming or being held liable for trespass or for any damages whatsoever to them and they do hereby waive any and all claims for damages for such entry or occupation. The land to which this license shall apply ares Ail those pieces or parcels of land situate in the Town of Southold, County of Suffolk, State of New York, described aa followe~- BEGINNING at a point on the existing westerly boundary of 0aklawn Avenue, said point bein~ 2~.?5 feet distant westerly, measured at right angles from Station'~52.16 of the center line of a roadway to be CONSTRUCTED as shown on a map on file in the Office of the 01erk of the Town of Southold; runntm~ thence southerly on a curve to the right having a radius of 558.21 feet a distance of 97~ feet to a point on the existing northerly mean highwa~er line of Jockey Creek; running thence westerly -2- L.1862 c,p along the last mentioned mean high water line a distance of 38~ feet to a point 60 feet distant westerly.measured at right angles from $~ation 6~60~_/ OF THe said center line, running ~hence northerly through lands of CYxristopher Leight, a distance of 6~ feet to. a~oint 60 feet distant. westerly measured at right angles from Station ?~0~ of sal~ center line, xn~nni~ thence still northerly through lands of 0hr~stopher Leight, a distance of 67~ feet to a point 30 feet distant westerly measured at right angles from ~tatlon 8~00 of said center line; running thence still north- ER~X THROUgH lands of Christopher Leight along a line parallel to said center line a distance of 300 feet to a point 30 feet distant westerly measured at right angles froaStatlon 11~00 of eal~ cen~e~ line; running thence northerly still through lands of Christopher Leight a distance of ~0.55 feet to a point on the first ~entioned existing westerly boundary of OaklawnAvenue, amid point being 2~.75 fee~ distant westerly measured at right a~gles from ~tation 11.%0 of said center line; running thence southerly along the sal~ existing wSsterly boundary of Oak. lawn Avenue a ~lstanoe of~?.85 feet to ~he poln~ of beginning, bel~ 5,825 square feet or 0.13~ acres more or less. ALB0 that area lying in the waters of Jockey 0reek adjacent to the above ~escrlbed parcel ~hich ~tght be necessary for the construction of the roadway. , Y.0 .WAR. DEED Southold, to CAROLINE L. of Bouthold, Surf. Oo.N.Y. Dated Ack'd Rec'd Uber Cons. $ Max'. 28, 19.52 do May 31, 1952 Page .381 1.00 & Og&VO All that tract, parcel or piece of woodland together with the buildings and ~provemente thereon, lying, being and situate on Oak- lawn Avenue, in the Village sad Town'of ~outhold,Oounty of Suffolk and State of New York, bouml~% and ~escribed as follower Easterly by 0aklawn Avenue; southerly by Jockey Creek; Nesterly and Northwesterly by the several lands now or foEmerly of Gilbert H. Terry Estate; now or formerly of the Estate of Eva Belle Baker and land of John 0harnews. Containing about five (5) acres be-the same more or lees. Together with all the right, title and interest of the party of the first part of, in and to Oaklawn Avenue lying in front of and adjacent to said premises. AL~O, together with all the ~lght, title and interest of the party of the first part of, in and to Jockey Creek and lands under the waters of Jockey Oreek in front of and adjacent to said premise,. Trust fund clause recited. surviving: C~ROLINE L. File ~283~P-19 58 Frederick P. Eich, Atty Southold~ N.Y. KORN died testate on March 16, 1958 leaving her (1) Kathryn K. Clasing daughter- W&C (2) Edgar F. Smith - son - W&C of full age end sound mind. The above appears from the petition of Frederick P. Rich verified March 22, 1958. Letters Testamentary issued Merch 2~, 1958 to Frederick P.Rich and Kathryn K. Clasing - Liber 68 ltp 229. 19~8 July 3 - Estate tax proceedings show decedent owned premises described in Liber 3335 cp 381 and other property. 1959 May ~ - Decree dated May ~, 1959 fixing tax at $2,989.18. Above decree shows gross estete to be $252,375.~$ - net ewtate $231.763.15. ~ccounting proceedings show payment of Federal Inheritance taxi~ the sum of $38,609.06. Receipt filed August 6, 1959 showing pay~ent~ ~ ~'~ LAST WILL AND TEST ~J4ENT OF C~ROLINE L. K(RN Dated: Fe~~. 23,' 1957 Probated: Mar. 2~ 1958 Liber: 217 wp 521 I, Caroline L. Korn~ etc. 1. Directs payments'of debts. X X x X 6. I give and bequeath to my daughter, Kathryn K. Clasing, all of the real property which I shall own at the time of my death including the premises known as the "home place", together with qll other buildings and improvements thereon with the entire contents and f~rnlshings thereof, and all of my personal effects which I have not otherwise disposed o$. X X X X 17. Appoints daughter, Ksthryn K. Cia sing, and my friend and O attorney, Frederick P. Rich as executors and trustees. $5.50 U.$.I.R.S.0AN. · B&5. with OGA DEED XATHRIN K. GLASING e.e.ao DafedDee. 5, 1964 Pine Nook Road, Town of ~ou~hold AcFd do ~o Rec'd Dee. 10, 1964 Libor 566~ P~e 276 JOHN H. ~S Cons.~ 10. b og~o ~JORIE K. G~ hi~ wife Hob~ R~, To~ of ~ou~hol& ~NOE 00N~Y~- Ail ~ oer~ain plo~, an~ ~l~ a~ ~ou~hol~, in ~e Town of ~ou~hola, 0o. of ~uff. ~ ~a~e of N.Y. mere p~io~ly bo~ ~ ~aorX~ ~ followa=- IGINNING at the lntereeotion of the wea~erly line of Oak_lawn Avenue with the northerly line of a propoae~ 50 foot highway to be known aa mJoekey Oreek Drive', fremaaid point of beginning running along aaid w-=*,northerly line of 'Joeke2 0reek Drive~ ~outh 8~e 2?' 50~ Weet 191.75 feet, thenoe along other lan~ of ~he party of the ~lret part two ooureee aa followel (1) North 13# 171 30" Wear 110.12 feet, thenoe (2) No~th 65e 57~ 00" Eaat 158.30 feet to cai= weeterly line of Oaklawn Avenue, thence along eal~weaterly line ~outh 25® 03~ 00" Eaat 171.85 feet to the point or plaee of beginning. TOGETHER vl~h ~he right to the uae (in oommon with othera) of the aaid h~ghway to be known a~ #Joekey Oree~ Drive~, reserving, nevemtheleae, the right of de~loation of aaid highway to the Town of 2outhold. ~UBJE~T to the following oovenanta and reetriotiona~ 1. Only one single family dwelling house, for private residential purposes, and & private garage for family use shall be erected or permitted on the premises. 2. ~o dwelling shall be erected or permitted on the premises with what is commonly known aa a flat roof, and all dwellings ,hall be erected and maintained on closed foundations of poured concrete or con- crete blocks and no dwelling on po,~e shall be permitted. 3. ~o dwelling, exclusive of garage, shall be erected or permitted on the premises unless it contain a minimum of twelve hundred square feet of living area. $. ~o public or private nuisance shall be ma&ntained on the premllO,. ~. The grass on the premises shall be kept cut and the appearance of the premises maintained in accorAance with the standard of the community. 6. No tractor,, trailers, closed trucks of any type or open truckl larger tBan three-quarter ton capacity shall be parked on the premises overnight. These covenants and restrictions shall run with the land and shall bind the prop~y above described and all other lots upon which the party of the first part shall impose similar covenants and re,trictions; but shall not bind any other property of the party of the fLret part.Said covenants and restrictions_ may,~owev~ party of the fir,~ par~ a~ any_~xme wx~n ~n.e_cor~en~ ~n__w~x~x.ng or ~ne owner of thepremi at that time. zn any even~ ~ne came sna~A expxre on January 1, l~.Trust fund clause recite~. F.O.WAR. DEED $5.00 Dec. 16, 1925 Dec. 20, ~ 3166 Page 103 1.00 C~RXSTOPU~n%LEIOHT of ~he same place OONVEYSI- All tha~ ~ract or parcel of land with the build/ngs and im- provements thereon situate in the Village and Town of Southold,0oun~y of Suffolk and State of New ~ork, bounded and described as follows~- 0ommenolng at the southeasterly corner thereof at the inter- section of high wa~er mark of Jockey Creek with the westerly side of Oak LawnAvenue and running thence westerly along high water mark of Jockey Creek to land of Gilbert H.Terry; thence northeasterly along land of Gilbert H.Terry and o~hers to ~he westerly side of Oak Lawn Avenue;thenoe southerly along the westerly side of Oak Lawn Avenue ko the polnt or place of beginning. I ir1 ular In aha e and belng and intended to be a pa~ of the real proper~yo~wh~lB~Xsrael Peck, late of the ~own of 8outhold, dle~ selze~and possesse~ on October 30th, 1881. ~ogether with all the right, title an& lnterest of ~he partles of the first part of, tnand to the highway a~Jotni~g said premises. O0 CERTIFICATE OF TITLE DESCRIPTION ALL those certain plots, pieces or parcels of land, for highway purposes, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Parcel I, "Jockey Creek Drive" BEGINNING at a point on the easterly line of the Main (State) Road at the southwesterly corner of land of Susan H. Terry, running thence along said land of Susan H. Terry, S. 79° 00' 50" E. 90.27 feet; thence along said land of Susan H. Terry and land of the Christian Science Society, Southold, N.Y., N. 78° 57' 50" E. - 184.38 feet; thence along the last described land and then along land of Susan H. Terry and Raymond W. Terry Estate, three courses as follows: (1) S. 77° 46' 50" E. - 1452.43 feet; thence (2) N. 9° 35' 30" E. - 25.02 feet; thence (3) S. 77~ 46' 50" E. - 100.0 feet to land formerly of Leicht, thence along the last described land, S. 9° 35' 30" W. - 100.10 feet to a monument; thence along land of said Susan H. Terry and Raymond W. Terry Estate and land of M. Glover, R. DeMott, R. W. Terry, Jr. and land of Ellis Terry three courses as follows: (1) N. 77° 46' 50" W. - 100.0 feet; thence (2) N. 9° 35' 30" E. - 25.02 feet; thence (3) N. 77° 46' 50" W. - I444.43 feet to a monument; thence along land of said Ellis Terry and land of George W. Smith & Sons, S. 78° 57' 50" W. - 183.81 feet to a monu- ment; thence along said land of George W. Smith & Sons, N. 79° 00' 50" W. - 100.0 feet to a monument on said easterly line of the Main (State) Road; thenee along the last described line, N. 10° 59' 10" E. - 50.0 feet to the point of beginning. Parcel II, "Gilbert Street" BEGINNING at a concrete monument set on the southerly line of Jockey Creek Drive as above described, S. 77° 46' 50" E. 789.58 feet from the monument on said southerly line of Jockey Creek Drive at the northerly end of land of Ellis Terry; running from said point of be- ginning along the southerly line of Jockey Creek Drive, S. 77° 46' 50" E. - 50.00 feet to a monument; thence S. 12° 13' 10" E. and passing through a monument near its southerly end, 310 feet, more or less, to the ordinary high water mark of Jockey Creek; thence northwesterly along said ordinary high water mark 115 feet, more or less, to a point 100 feet westerly from the last described course, measured at right angles thereto; thence North 12° 13' 10" W. 100.0 feet; thence S. 77° 46' 50" E. - 50.0 feet to a monument, thence N. 12° 13' 10" W. 150.0 feet to the point of beginning. I do hereby certify that I have caused the title of the land hereinabove described to be searched. An abstract of the title herein is attached hereto and hereby made a part hereof. That the title to ©0 0o the said described parcels is vested in fee simple in Edith M. Terry, Individually,and Edith M. Terry, Ellis M. Terry and Ray- mond W. Terry, Jr. as Executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased, recorded in Liber 238 will page 557 and Susan H. Terry as devisee under the Last Will and Testament of Gilbert H. Terry who died testate on March 30, 1929 a resident of Suffolk County. There are no liens of record against the said parcels. The said grantors are able to convey the said parcels to the Town of Southold clear of all encumbrances and defects, subject however to utility easements of record and subject to rights of way for ingress and egress over kh~ above described property granted in the following deeds: (1) Deed made by Raymond W. Terry and Edith M. Terry, his wife, and Susan H. Terry, to Ellis M. Terry and Margaret R. Terry, his wife, recorded March 1, 1957 in Liber 4266 at page 265. (2) Same to Raymond W. Terry, Jr. and Barbara C. Terry, his wife, recorded June 5, 1957 in Liber 4310 at page 236. (3) Same to same recorded June 10, 1958 in Liber 4470 at page 198. (4) Same to same recorded Jan. 16, 1961 in Liber 4935 at page 399. (5) Same to Christian Science Society of Southold recorded April 13, 1959 in Liber 4611 at page 166. (6) Grantors herein to Roger DeMott and Theresa DeMott, his wife, recorded September 10, 1962 in Liber 5228 at page 285. (7) Grantors herein to Minnie B. Glover, recorded October 15, 1962 in Liber 5246 at Page 409. All of the above deeds from 1 to 7 are subject to the right of dedication of the respective said rights of way to the Town of c~O O0 Southold as a public highway and the respective grantees in said deeds therein consented to such dedication. Dated March 15, 1963 Mr. ~cuOn B, r~pp ILVerheid, L.Z., After :eeordLug ~heoo J.~;m, v&~ you kLnd~¥ re~urn ~o ~ho Town O LEFFERT$ PAINE ED$ON 0ctoher 15, 1963 0 The Hon. Lester Alhertson Supervisor, Town of Southold Greenport, New York Re: Dedication of Jockey Creek Drive and Gilbert Street Dear Mr. Alhertson: Mr. Raymond W. Terry, Jr. as representative of the Terry estate has asked me to acquaint you with the present assessments on improved property fronting on Jockey Creek Drive and Gilbert Street. The assessments are as follows: Ellis M. Terry - $4500.00 Raymond W. Terry,Jr. 5100.00 Roger DeMott - 5900.00 $15,500. 00 The length of the roads for which application for dedication is herein made totals 2100 feet. Therefore, the present assessments more than comply with the town require- ments of $40,000 per mile, since proportionately 2100 feet of road would require a minimum of $15,200 in assessed value, whereas there exists $15,500 in assessed value. This figure..doeS no~ include, although it might, assessed value of the George W. Smith & Sons' property. Sinc~~ Lefferts P. Edson any Jockey Creek Drive & Gilbert Street are approximately2100 feet in length this is 39,7% of smile. 39,7% of $40,000, is $15,88o.oo · ~e assessed value of the property on these roads are~ Ellis Terr.y $ Ray Terry Jr. Roger DeMott Est. of R.W. & Susan Te~y total 4,500.00 5,100.00 5,900.00 1,00Os00 Th Found In: John ,~. ~,lng Jr. T~b No.. {7~~2-A Edith ~,',. ~erry, Indlvl6un!ly, and Edith Il. Terry, Ellis M. Terry, and Raymond .,. Terry, Jr. ,~s Exec,;tors of the L .:~. & T. of Raymond L'. Terry Sr., deceased, an~ Susan H. Terry DATED: I. TAXES -~'~o See Tax Meport Herein 2. MORTGAGES ~one o£ ~ecord 3. COVENANTS, RESTRICTIONS & EASEMENTS Easements over propcs~d rosa as shown herein 4. JUDGEMENTS None of Record Reeulre oroof that Edith L. ,erry & Susan H. no other name durln~ ~h... 10 years last ,~st. Terry have been '~ x-own by i963 L. E. Baker Caro%ine Korn Jockey Creek, G. ::ain Road & Terry Smith TAX REPORT 19~-63 Town & School Taxes Possibly Unpaid. 1961-6~ To%-~n & School Taxes ~87.1~ are Paid. Assessed to: Gilbert H. Terry Est. Assessed Value: 8400/10400. All other taxes paid. Water charges not included. School District (~1.09 Acres) To %e fu~nished %y Description Ap~licant. ii; HISTORM ~ 1 Title to a tract of land ~nc udlng prenises and more ve~ted in one ltlram Terry by warranty deed from ~rsnces M. Smith dated '1~ 0 V' 30, 1870 and recorded April 25, 1871 in Liber 178 cp 54 shown herein next following. 7~-A ~8.00 USI~S CAN. '~'~AR. DEED FRANCES M. SMITH, ssa, widow of Sylvester P. Smith, deceased of the Town of S~uthold in the County of Suffolk and State of New York HIR~ TERMY, of the same place Dated Nov. 30, 1870 Ack'd Nov. 30, 1870 Rec'd April 20, 1871 Liber 178 P~,ge Cons. $ 8,000.00 54 PMEMISES: ALL that certain piece oarcel or tract of land situate and being in the Town of Southold and County ~f Suffolk aforesaid and bounded ~ by the highway or Main Street leading through the Village of Southold. Northerlv by land formerly of Fredrick K. Terry, deceased and now belonging to his daughter Henrietta A. Conklln the wife of Gilder Conklin. EASTERLY by the lan~ of Israel Peck and S~PARTLY BY Jockey Creek and partly by the land of ueorge Phillips and C2I~ by estimation TtLI~ Acres be the same more or less. Hlran Terry ~te~ te~t~te on Jan. 30, 1894 d='Tlslng subject pr=nlses to Gilbert H. Terry. Gilbert H. Terry ~le~ testate on March 50, 19~9 d~vistn~ subject pre~l~es to ~on, Raynon~ ~, Terry and daughter Susan ~. Terry ( Life Estate of Annie ~. Terry, wife of Gilbert H. Terry terminated at her death in 1944) File 630 P 196~ Maymond bf. Terry Sr. died testate on 5/~9/1962 a ~esldent of $outhold leaving the following distributors: 1. Edith M. Terry Widow 9. Ellis M. Terry Son 3. Raymond ~. Terry Jr. Son 4. Anne Terry Dixon Daughter All of full age and S. Petitioner, ~aiver & consent 6~4~1962, ~ffaiv~v & consent 6/4/196~. Waiver ~ consent"--o/3/1962. M. The above appears from Petition for Letters T-stamentary ve~ifled 6/4/1962 by widow (1). Letter Testsmentory issued to (1) as Executrix 8/8/1962. New York State Transfer Tax of ~557.82 paid 9/20/1962. County of ~ffo!k, r~al ?nd !~r~r, nal and mtx~d, of ~¢ha~ ns~ an~ wh~~ ~l~ate~, of whlch I may dl~ ~,lz~d or ~esecsed, I ~ive, ~evl~e aha becueath to my wife, EDI~ ~:. TE~Y' If she su~lv~s me, ~md if ~b~ do.a not ~u~!ve ~e ~'_~r tc~ ~ thee ~hlldren ELLIS 14. T~MY, ANNE ~Y DIXON, and NA~ND w. ~Y, J~., In ~ual THI~D~ I d~.rect that ny Exeo-tor~ her.!nnft=~ rimmed .hall not be ~oulred ft;rn1~h any bond o~ other se~i%y fo~ th~ f~tthful ~rform~noe of LASTLY I h~reby aDs. iht my wife, EDI~ M, TE~, an my two sons. ELLIS M. TE~RY ~nd ~A~3D ,..~., ~., e~eoutors of thi~ ~ last *~l!! and Te~t~ent full ~wer ~d au~horl~y to sell an~ convey !e~ o~ ~Ttga~ ~1 IN '~ITNESS WHE~F, I bays hereunto ~ub~r~b~ my nom~ th~ 2nd Xn the ~ ~A~O~ ~*. ~Y Filed: June 4, 1962 proposed hi~hway' (Subject The following deeds are abstrscted to show premises herein) rights to use 50 foot 7~-A F. C. ~'~ar. DEED RA~4OND 7. TEMRY, ssa, and EDITH M. TERWY, ssa, his~wife, and SUSAN H. TERRY, ssa, all residing at Oouthold, kSuffolk County, New York -to- ELLIS M. TERRY and MARGARET B. TEMWY, hih wife, as tenants b~ the entirety, both residing at Southold, Suffolk County, New York Dared Feb. 18, 1957 Ac~'d Feb. 18, 1957 Rec'd March 1, 1957 Uber 4286 Cons.$10.O0 OGVO Page ~65 PRE~GSES: ALL that tract or parcel of land situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: u~'G"~NNING at the northeasterly corner of land conveyed or intended to be conveyed by the parties of the first part to George Y. S~Ith & Sons, Inc. ( which point of beginning is South 79 degrees O0 minutes 50 seconds East a distance of 900.0 fe~t from the easterly line of Main Road at a point which is North l0 degrees 59 minutes l0 seconds East a distance of lO0.O feet along the easterly line of Main Road from a point marked by an iron pipe at the. northwesterly corner of land heretofore conveyed by the parties of the first part to George W. Smith & Sons, Inc.); running thence North l0 degrees 59 minutes l0 seconds East a distance of 40.~5 feet to the southerly line of a proposed highway 50 feet in width; running thence along said southerly line of said proposed highway 2 courses as follows: (1) North 78 degrees 57 minutes 50 seconds East a distance of 75.94 feet; thence (2) So~th 77 degrees 4G minutes 50 seconds East a distance of 29.58 feet; running thence along other land of the parties of the first part, at right angles to said southerly llne of said proposed highway, South 12 degrees 13 minutes l0 seconds West a distance of 240 feet, more or ~ess, to the northerly edge of a gutter, 722-A -2- Liber 4266 cp 265 being the edge of the upland along the northerly shore of Jockey Creek; running thence westerly along said edge a distance of 95 feet, more or less, to said land conveyed or about to be conveyed to George ~. Smith & Sons, Inc.; running thence along said land North 10 degrees 59 minutes l0 sedonde East a distance of 180 feet, more or lees, to the point or place of beginning. TOGETHER with the right to the use of a right of way (in common with ~there) over said 50 foot proposed highway from the northeasterly corner of the premises and extending westerly a distance of about 318 feet to the Main Poad, for the purpose of inzress and egress to and from the premises above described and to and from Main ~oad, and for the purpose of installation, maintenance, repair and replacement of public utilities on the surface, above the surface and below t~ie surface of said right of wa y. RESERVING, however, to the parties of the first part, their heirs, legal ~eprese~tativesz distributees and assigns, the right to dedicate said right of way ~o the ~own of ~outhold as a public highway, and the party of the second part, by the acceptance of this deed, does hereb~ consent to such dedication and does here- by release the said Town of Southold from any liability for damages occasioned by reason of said dedication and acceptance of said right of way as a public highway. TOGETHER with all the right, title and interest, if any, of the parties of the first part in and to the gutter, meadow, waters and lands under water of Jockey Creek in front of and abutting said premises on the south to the center line thereof. TOGETHEM with all right, title and interest, ~f an~ of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TRUST FUND CLAU~E~ 722-A F C War. DEED RAYMOND ?~. TE?,wY, ssa, and EDITH M. TERRY, ssa, Dated his wife, and SU~J~N H TEMRY, ssa, all residing Ack'd a~ Southold, Suffolk County, New York Rec'd -to- /iber RAY~DND Y. TERRY, JR. and BARBARA C. TERRY, Cons.$10.O0 his wife, as tenants by the entirety, both residing at Southold, Suffolk County, New York March 22, 1957 March 98, 1957 June 5, 1957 4310 Page 236 OGVC PREMISES: ALL that tract or parcel cf land situate, lying and being ~t Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of a proposed highway 50 feet in width ( which point is the northwesterly corne~ of the premises herein described, and which point is South 77 degrees 46 minutes 50 seconds East a distance of ~00.0 fe~t from the northeasterly corner of pr~misec heretofore ccnv,~y- 16, 1957, and recorded in uffolk ounty C~erk s Office on ~arch l, 1957, in Liber 4266 of Deeds at page 965); running thence in an easterly direction along said ~ou~thsrly line of said proposed highway South ?? degrees ~6 ninutes 80 seconds East a distance of lO0.O feet; running thence along other land of the parties of the part on a line at right angles to said southerly line of said proposed high- way, South 12 degrees 13 minutes l0 seconds h'est a distance of 150 feet, more or less, to ordinary high water mark of Jockey Creek; running thence in a westerly direction along said ordinary high water mark of Jockey Creek a distance of 100 feet, or more, to a point which is South l0 degrees 59 minutes l0 seconds %~'est Liber 4310 cp 236 from the point or place of beginning; running thence North 10 degrees 59 minutes l0 seconds East a distance of 1~:5 feet, more or less, tc the point or place of beginning. TOGETHER with the right to the use of a right of way (in common with others) over said 50 foot proposed highway from the northeasterly corner of the premises and extending westerly a distance of about ?15 feet to the Main Road, for the purpose ~f in~ress and egress to and from the premises above described and to and from ~.~ain ~oad, and for the purpose of installation, maintenance, repair and replace- merit of public utilities on the surface, s~ove the m~rface and below the surface of said right of way. RESERVING, however, to the parties of the first part, their heirs, legal representatives, di~trlbute~s and assigns, the right to dedicate said right of way to the Town of outhold as a public highway, and the parties of the second part,' by the acceptance of this deed, do hereby consent to such dedication and do hereby release the said Town of Southold from any liability for damages occasioned by reason of said dedication and acceptance of said right of way as a public highway. TOGETHER with all first part in and Creek in front of of. the right, title and interest, if any, of the parties of the to the gutter, meadow, waters and lands under water of Jockey and abutting said premises on the south to the center line ~aA SUBJECT to the following covenants and restrictions: 1. No building or other structure shall be erected or maintained within 15 fe~t of either side llne of the premises above described. 2. Bald premises shall be used solely for residential purposes. 3. The aforesaid covenants and restrictions shall cease and expire on ,~.n..~, ~978 722-A -3- Llber 4310 cp 236 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttin? the above described premises to the center lines thereof. TRUST FUND CLAUSE. .. 72o_A Quitclaim ~ DEED RAY~ZOND h~. TEMoY, ssa, and EDITH M. TE~.-~Y, Dafecl ,YUaI~ 2, 19~B ssa, his wife, and SUS~ H, TEMMY, ssa, all Ac~'~ June S, 1958 residing ~t Southold, Suffo~ County, New York Eec'~ June lO, 1958 -to~ Liber 4~70 Pa~e 198 RA~OND ~. TE~Y, J~. end BALBOA C. TE~, Cons.$ 10.00 OGVC him wife,~as tenants by the entirety, both residing o.t Southold, ~ffolk County, New York PRE~,~ISES: ALL that tract or parcel of land situate, lyin~ and being at ~outhold, in the Town of Southold, County of Suffolk ~nd State of Ne~ York, bounded and described as follows: BEGIN?ING at ~ point on the southerly line of a p-oposed highway 50 feet in width (which point iv the northwesterly corner of the premises herein described, and which point is South 77 degrees 48 minutes $0 seconds EAst ~ distance of 300.0 feet from the northeasterly corner of premises heretofore conveyed by Raymond ~. Terry et al. to Ellis M. Terry and ,~ife ~y deed d~ted February 18, 1987, and recorded in Suffolk County Clerk's Office on March l, 1987, in Liber ~28~ of De~as at pegs ~8§); running thence in an easterly direction along said southerly line of s~id proposed highway South 7~ degrees 48 minutes 80 seconds East a distance of lO0.O feet; running thence along othe~ l~nd of th~ p~rttes of th~ £1rst ~art on a line st right angles to s~id south,fly line of s~id proposed highway, outh l~ degrees 13 minutes l0 seconds ?~est ~ distance of 102 feet, more or lees, to ordinary high w~ter m~rk of Jockey Creek; running thence in a westerly direction alon~ s~id ordinary high water mark of Jockey Creek ~ distance of 100 fe~t~ or =ore, to a point which is South 12 degrees 13 minutes l0 seconds 72~-A -2- Liber 4~70 cp 198 from the point or place of beginning; running thence North 1~ degrees 13 minutes l0 seconds East a distance of~148 feet, ~ore or less, to the point or place of beginning. TOGETHEM with the right to the use of a right of way (in common with others) e~er said 50 foot proposed highway from the northeasterly corner of the premises and extending westerly a distance of about 715 feet to the Main Road, for the purpose of ingress and egress to and from the premises above described and to and from Main Road, and for the purpose of installation, maintenance, repair and replacement of public utilities on the surface, above the surface and below the surface of said right of way. 'RESEFgrING & TOGETHER CLAUSE- S~ AS IN LIBE~ C & R~s $~.~ AS IN LIBER 4310 cp 236. THIS DEED is given to correct the description contained in a certain deed dated Itarch 28, 1957, recorded in Buffolk Courty Clerk's office on June 5, 1957, in Llber 4310 of Deeds at page 236. TRUST FUND CLAUSE. '. 7o~2_A Quitclaim DEED RAYMOND l?. TERRY, ssa, and EDITH M. TERRY, ssa, Deled 'Dec. 30, 1960 his wife, and SUSAN H. TERRY, ssa, a!l residing ick'd Dec. 30, 1960 at Southold, New York Rec'd Jan. 16, 1961 -to- Liber 4935 Page 399 RAYMOND ~. TE~RY, J~. and BARBARA C~ TE~RY, Cons.$ 10.00 OGVC his wife, both residing ct Southold, New York PREMISES: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of a proposed highway 80 feet in which point is the northeasterly corner of the premises herein described, and which point is ~outh 77 degrees 46 minutes 50 seconds East a distance of 410 feet from th~ northeasterl~ corner of premises heretofore conveyed by the parties of the first p~rt herein to Ellis M. Terry and wife by deed dated February 16th, 1957 and recorded in the office of the Olerk of the County of Suffolk on March l, 1987 in Liber 4268 cp 28§; from eald point of beginning running thence along other land of the p~rties of the first part herein on a line at right angles to said southerly line of said proposed highway, South 12 degrees l~ minutes l0 seconds West a distance of lO~ feet, more or less, to the ordinary high water mark of Jockey Cre~k; running~thence in a westerly direction along said ordinary high water mark of Jockey~reek s dlstsnce of ten feet or more to other land of the party of the second part herein; running thence along s~id other land of the party of the second part herein, North 12 degree~ 13 minutes l0 seconds East a distance of 182 feet more or less to the southerly line of said proposed highway; ?fl2-A -2- Liber 4935 cp 399 and running thence in an easterly direction along said southerly line of said proposed highway, South 77 degrees 48 minutes 50 seo~nds East a distance of ten feet to the point or place of beginning. TOGETHER with a right of way over said 50 feet proposed highway from the premises herein described to and from the Main Road for all reserving however ToweDurp°ses, the right to dedicate said right of way to the of Southold as a public highway. TOGETHER with all the right title and interest of the party of the first part in and to the land under water of Jockey Creek, but subject to covenants and restrictions as set forth in deed recorded in the Suffolk County Clerk's Office in Liber 4470 cp 199. TOGETHE? with all right, title and part of, in and to any streets and to the center lines thereof. interest, if any, of the party of the first rosds abutting the above described premises TRUST FUND CLAUSE, '- 722-A U.S.I.R.S. $4.40 B & S DEED EDITH M. TERRY, ssa, individually, EDITH M. Dat'ed Sept. 1, 1982 TERRY, ssa, ELLIS M. TERRY, ssa, and RAYMOND Ac~'d Sept. 6, 1962 W. TEMRY, JR., ssa, as Executors of the Last Will and Testament of Raymond %~. Terry, Sr., Re¢'d Sept. 10, 1962 deceased, and SUSAN H. TERRY, ssa, all residing Liber 5228 Page at Southold, Suffolk County, New York Cons. $ 10.00 OGVC -to- 285 ROGEM Dei,'DTT and THERESA DeliOTT, his wife, as tenants by ~he entirety, both residing at 1065 Stanton Avenue, %~oodmore, Nassau County, New York P~EI~SES: ALL that tract or Parcel of vacant land sltu~te, lying and being at 'Southold, in the Town of South~ld, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of a 50 foot private road at the northeasterly corne~ of land of Maymond Terry, Jr., and being about ~5 feet east- erly from Main Moad, running thence slong said souther~ line of said~private road, South 77 degrees 46 minutes 50 seconds East a distsnce of lO0.O feet; thence along other land of the party of the first part on a line at right angles to said private road, South l~ degrees l~ minutes l0 seconds ~est a distance of 175 feet, more or less, to ordinary high water mark of Jockey Creek; thence northwesterly along said high water.mark of Jockey Creek lO~ feet, more or less, to said land of Msymond Terry, Jr., thence along s~id land of Maymond Terry, Jr., North 1£ degrees 13 minutes 10 seconds East a distance of 153 feet, more or less, to the point of beginning. Liber 5928 cp 985 TOGETHER with the right to the use of a right of way (in common with others) over said 50 foot proposed highway from the northeasterly corner of the p~emises and extending westerly a ~istance of about 895 feet to the Main Road, for the purpose o~ ingress and egress to and from the premises above described and to and-from Lain Road, and for the purpose of installation, maintenance, repair and replacement of public utilities on the surface, above the surface and below the surface of said right of way. RESERUtNG, however, to the parties of the first part, their heirs, legal respresentRtives, distributees and assigns, the right to dedicate said right of way to the Town of Southold as a public highway, and the parties of the second part, by the acceptance of the deed. do hereby consent to such dedication and do hereby release the said Town of Southold from'any liability for damages occasioned by reason of said dedication a~d acceptance of said right of way as a public highway. TOGETHEM with all the right, title and interest, if any, of the parties of the first part in and to the gutter, meadow, waters s. nd lands under water of Jockey Creek in front of and abutting said premises on th~ south to the center line thereof. O & R's Same as in Liber 4310 cp 236. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TRUST Fb~D CLAUSE. 722-A -2- Liber 5246 cp 409 over said 50 foot proposed highway from the northeasterly corner of the premises and extending westerly a distance ~f about 995 feet to the Main Moad, for the purpose of ingress and egress to ~nd from the prenises~above described and to and from Lain Road, and for the purpose of installation, m~intenance, repair and replacement of public utilities ~n the surface, above the surface and below the surface of said right of way. MESEWVING, however, to th. p~rtle~ of the first o~rt, their heirs, legal representatives, distribute=s and assigns, the right to dedicate said right of way to the Town of Southold as a oub~ic highway, and t~e partie~ of the second part, by the acceptance of the deed, dn hereby consent to such dedication and do hereby release the sai~ Town of ~outhold from ~ny liability for damages occasioned by reason of s~id dedication and accectance of s~id right of way as a public highway. TOGETHEM with all the ~i~ht, title ~nd interest, if any, of the parties of the first part in ~nd to the gutter, ~eadow, waters and lands under water of Jockey Cre=k in front of and abutting said pr~mlses on the south to the center line thereof. C & M's S~E AS IN LIBER 4310 cp ~38. TCGETHEW with al! right title ~nd interest, if ~ny, of the p~rty of the first part in ~nd to any streets and roads abutting the above described premises to the center lines thereof; TMUST FUND CLAUSE. 722-A U.S.I.R.S. ~4.40 DEED EDITH M. TE~Y, ssa, individually, EDI,.T,H M. TE-~RY, ssa, ELLIS M. TERRY, ssa, and RA~.iOND :f. TERRY, JR, ssa, as Executors of the last ~ill and Testament , ssa, all residing at Southold, Suffolk County, New York -to- Datecl 0~$~. 9, 1962 Ack'cl Oct. 9, 1962 R~ec,cl Oct. 15, 1962 Liber 5246 Cons. $ 10.00 OGVC Page 409 i.iINNIE B. GLOVEM, residing at Cutchogue, Suffolk County, New York PREMISES: ALL that tract or par?el of vacant land situate, lying and being at Southold, in the Wown of Southola, County of Suffolk and State of New York, bounded and descrlbe~ as follows: BEGINNING at a point on the southerly line of a 50 foot private read at the northeasterly corner of !and of Roger Dehott and wife and being about 625 feet easterly from Main Road; running thence alon~ said southerly line of said private road South 77 degrees 46 minutes 50 seconds EaSt a dlstsnce of 100 feet; running thence along other land of the party of the first part on a line at right angles to said private road, South 12 degrees 13 minutes l0 seconds West a distance of 190 feet, more or less, to ordinary high water mark of Jockey Creek; runnin~ thence northwesterly along said high ~.mter mmkk of Jockey Creek 102 feet,~more or ~ess, t ~ · ~o..ssid ~and of Roger DeMott and wife, running thence along said land of ~Roger ~eMott and wife, North 12 degrees 13 minutes l0 seconds East a distance of 175 feet, more or less, to the point or place of beginning. TOGETHER with the right to the use efa right of way (in common with others) \ $7.15 U.S.I.R.S. B&S DEED RAY~iOND ,f. TERRY, ssa, end EDITH M. TERRY, ssa, his wife, and SUS~.T H. TERRY, sss, all residing at Southold, Suffolk County, New York -to- CHRISTIAN SCIENCE SOCIETY, SOUTHOLD, N~T YOHK, a religious corporation or~anlzed and e~istlng under and by virtue of the laws of the Stets ~f New York~ ~svln~ its princips! office at outhold, Suffolk County, Ne~? York PRE}&ISES: ALL t%et tract or osrcal in the Town of Southold, described as follows: of land Dared A~ril 9, 1959 Aclc'd April 9, 1959 Rec'd A~ril 13, 1959 Liber 4611 Page Cons. $ 10.00 OGVC 166 sltu.~te, lyin~ end being st Southold Count?of Suffolk end S~ate of N~w York, bounded and BEGINNING at an iron pipe set on the easterly line of Mein Mosd at the southwesterly corner of land of Mm. ~. Rusch and runnin~ thence elong said land of ~'h. W. Rusch, two courses, ss follows: (1) South 77 degrees 48 minutes $0 seconds East a distance of ~00 feet; thance (~) North l~ degrees 4~ mlnute~ ~.0 seconds East a distence of 80 feet to lend of Beker; thence along said !and of Baker, South 77 degrees 46 ~inutes ~0 seconds East a distance of 97.15 feet; thence elong other land of the ~artiee of the first part, South 12 degrees 1~ minutes l0 seconds ~est a distence of ~0.0 feet to the northerly line of s 50 foot privets road over lend of the parties of the first p~rt; thence s!ong the northarly line of said 50 foot private road, two c~urses, ~s follow (1) North 77 degre=s 46 minutes 50 seconds West a distance of 38.4~ fo=t; thence (?) South 78 degrees 57 minutes 50 seconds We~t a distence of 67.29 fe~t; thence along other !and of the parties of the first part, two courses, as follows: .'~ (1) e~ ~.te' North of bet TOGET: the B( RESEM~ to the the ~c rele~s resson e~ B~JEC 1. ourpo on Ja TOGET in an lines -2- Libor 4811 co 166 (It North IT de,roes 43 minutes 50 seonds East a distsnce of 106.57 feet; thence (~, North 79 de~re~s 48 ~Inutes 50 seconds West a distance of ~O0.OO feet to the easterly line of seid Main Road; thence along the easterly line of Said M~in Road, North 12 degrees 43 minutes 50 seconds Esst s dlstsnce of 160.O feet to the point of beginning. Contsining about One an~ One-hslf acres. TOGETHER with a right of way over the above mentioned 50 foot private road, from the Southeasterly ~orner of the premises westerly ~bout ~O0 f~Zt to s~id M~in Ro~d. RESERVING, however, to the p~rties of the first part, their heirs, legal representatives, distributees,and assigns, the right tn dedicate s~id right of way Town of Southold ss ~ public highway, and the party of the ~econd part, by acceptsnce of this deed, does hereby consent to such dedicstion end does here%y relesse the ssld Town of Southold from any liability for d~nages occssioned by resson of said dedlc~t~on ~nd acceptsnce of said right of way as a public highway. SUBJECT, however, to the following covenant end restriction: ssld premises shell be used only for re!Igiou~, educstlon~l ~r reeld=ntisl purposes. This covensnt end restriction sh~ll run with th~ l~nd ~n.f she!! c~s~ .~nd ~×uir~ on January 1, !980. TOGETHER with all right, title and interest, if any, of the o~rty of the in and to any streets end roads abutting the ebove ~escribed~premi~es to thereof; first p~rt the center TRUST FUND CLAUSE. VAN TUYL & SON Jume 9, 1966 RODERICK VA~I~ TUYL DESCRIPTION: Town of Southold to Raymond Terry & others Jockey Creek Drive, Southold Parcel I Beginning at a point on the southerly line of Jockey Creek Drive, 572.79 feet westerly along said southerly line from O~lawn Avenue, said point of begi--t-E the northwesterly corner of land of Clasing; from said point of beginning r,,=ning along said land of Clasing, S. 9° 55~ 50" W. - 25.02 feet to a monument; thence along land of the party of the second part, two courses: (1) N. 77° 46' 50" W. - lO0.O feet; thence (2) N. 9° 55! 50" E. - 25.02 feet to a monument on said ~sautherly line of Jockey Creek Drive; thence S. 77° $6~,50" E:- lO0.0 feet to the point of beginning. Subject to/a 10 foot %as~nt across the eas~er±y ena of the premises,%said easement .=~7~.bo described as follows: Beginning at the point of beginning of the premises as hereinabove described and ~,nntng along said land of Clasing, S. 9" 55~ 50"W.- 25.02 feet; thence N. 77" $6~ 50" W. - lO.01 feet; thence N. 9° 55' 50" E. - 25.02 feet; thence S. 77" 46! 50" E. - lO.01 feet to the point of beginning. Parcel II Begdnning at a point on the northerly line of Jockey Creek Drive, 5~1.75 feet westerly along said northerly line from Oak- lawn Avenue, said po~t of begd~ing being the southwesterly corner of land of~ ; from said point of beginning ~ r~nnmng N. 77° $6~ 50" W. - 100.O feet; thence along land om the party of the second part, two courses: (1) N. 9° 55' 50" E. - 25.02 feet; thence (2) S. 77° ~6' 50" E. - 100.0 feet to said land of thence along said land, S. 9° 55! 50" W. - 25.02 feet to e~; point of beginning. VAN TUYL & SON JSS/ m . _ To: RoDer~ Tasker APPLICATION TO LAY OUT TOWN HIGHWAYS X In the Matter of the Laying out of certain town highways in the Town of Southold, County of Suffolk and State of New York. X TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK: The undersigned, inhabitants of the Town of Southold, liable to be assessed for highway taxes therein, hereby apply to you to lay out highways to be known as Jockey Creek Drive and as Gilbert Street in said Town, commencing at a point on the easterly line of the Main (State) Road at the southwesterly corner of land of Susan H. Terry to a point on land formerly of Leicht as follows: Highway I, "Jockey Creek Drive" ALL that certain plot, piece or parcel of land being at Southold, Town of Southold, County~ of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of the Main (State) Road at the southwesterly corner of land of Susan H. Terry, running thence along said land of Susan H. Terry, S. 79° 00' 50" E. - 90.27 feet; thence along said land of Susan H. Terry and land of the Christian Science Society, Southold, N.Y., N. 78° 57' 50" E. - 184.38 feet; thence along the last described land and then along land of Susan H. Terry and Raymond W. Terry Estate, three courses as follows: · 0 0 0 (1) S. 77° 46' 50" E. - 1452.43 feet; thence (2) N. 9° 35' 30" E. - 25.02 feet; thence (3) S. 77° 46' 50" E. - 100.0 feet to land formerly of Leicht, thence along the last described land, S. 9° 35' 30" W. - 100.10 feet to a monument; thence along land of said Susan H. Terry and Raymond W. Terry Estate and land of M. Glover, R. DeMott, R. W. Terry, Jr. and land of Ellis Terry three courses as follows: (1) N. 77° 46' 50" W. - 100.0 feet; thence (2) N. 9° 35' 30" E. - 25.02 feet; thence (3) N. 77° 46' 50" W. - 1444. 43 feet to a monument; thence along land of said Ellis Terry and land of George W. S. 78° 57" 50" W. - 183.81 feet to a monument; land of George W. Smith & Sons, N. 79° 00' 50" W. monument on said easterly line of the Main (State) along the last described line, N. 10° 59' 10" E. the point of beginning. Highway II, "Gilbert Street" ALL that certain plot, piece or parcel Smith & Sons, thence along said 100.0 feet to a Road; thence - 50.0 feet to of land being at Southold, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly line of Jockey Creek Drive as above described, S. 77° 46' 50" E. - 789.58 feet from the monument on said southerly line of Jockey Creek Drive at the northerly end of land of Ellis Terry; running from said point of beginning along the southerly line of Jockey Creek Drive, S. 77° 46' 50" E. - 50.00 feet to a monument; thence S. 12° 13' 10" E. and passing through a monument near its southerly end, 310 feet, more or less, to the ordinary high water mark of 0 "" 0 O- ,- 0 Jockey Creek; thence northwesterly along said ordinary high water mark 115 feet, more or less, to a point 100 feet westerly from the last described course, measured at right angles thereto; thence N. 12° 13' 10" W. - 100.0 feet; thence S. 77° 46' 50" - 50.0 feet to a monument, thence N. 12° 13' 10" W. - 150.0 feet to the point of beginning; which proposed highways will pass through the lands of Edith M. Terry, Individually and Edith M. Terry and Ellis M. Terry and Raymond W. Terry, Jr., as Executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased, and Susan H. Terry, who consent to the laying out of the highways. Hereto annexed and made a part hereof, is a certain map showing the course of the said proposed highways. Dated, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) this 8th day of March, 1963. Edith M. Terry Ellis M. Terry / 1Ra~y~o~ W: Terry, Jr. //!' Susan H. Terry ~ SS.: On the 8th day of March, 1963, before me personally came Edith M. Terry, Individually, and Edith M. Terry and Ellis M. Terry and Raymond W. Terry, Jr., as Executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased, and Susan H. Terry, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. LEFFERTS PAINE EDSON NOTARY PUBLIC, State of New York No. 52-1077685 - Suffolk County DEDICATION AND RELEASE OF LANDS FOR TOWN HIGHWAYS In the Matter of the Laying out of certain t~n highways in the Town of South- old, County of Suffolk and State of New York. WHEREAS, application has been duly made to the Town Superin- tendent of Highways of the Town of Southold, in Suffolk County, New York, for the laying out of certain town highways to extend from Main (State) Road through lands of Edith M. Terry, Individually, and Edith M. Terry and Ellis M. Terry and Raymond W. Terry, Jr., as executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased and Susan H. Terry, to a point thereln,~il · NOW, THEREFORE, and Edith M. Terry and Ellis M. as Executors of the Last Will Sr., deceased, and Susan H. Terry, and owners of the land to De hereby dedicate, release and convey to the said Town of Southold for highway purposes, the following land, to w~t: HIGHWAY I - JOCKEY CREEK DRIVE:- the said Edith M. Terry, Individually, Terry and Raymond W. Terry, Jr., and Testament of Raymond W. Terry, all residing in the Town aforesaid included within the said highways do ALL that certain plot, piece or parcel of land being at South- Town of Southold, County of Suffolk, State of New York, hounded of .~he Main (st.at4e~) running old, and described as follows: BEGINNING at a point on the easterly line Ro~d at the,southwesterly corner of land of Susan H. Terry, - 0 0 , 5455 ,, 298 thence along said land of Susan H. Terry, R. DeMott, R. W. as follows: (1) N. 77° 46' 50" W. (2) N. 9° 35' 30" E. (3) N. 77° 46' 50" W. S. 79~ 00' 50" E. - 90.27 feet; thence'along sa~d land of Susan H. Terry and land of the Christian Science Society, Southold, N.Y., N. 78° 57' 50" E. - 184.38 feet; thence along the last described land and then along land of Susan H. Terry and Raymond W. Terry Estate, three courses as follows: (1)~77' 46' 50" E.- 1452.43 feet; thence (2) N.9u 35' 30" E.- 25.02 feet; thence (3) S. 77u 46' 50" E.- 100.0 feet to land formerly of Leicht, thence along the last described land, S. 9° 35' 30" W. - 100.10 feet to a monument; thence along land of said Susan H. Terry and Raymond W. Terry Estate and land of M. Glover, Terry, Jr. and land of Ellis Terry three courses - 100.0 feet; thence - 25.02 feet; thence - 1444.43 feet to a monument; thence along land of said Ellis Terry and land of George W. Smith & Sons, S. 78° 57' 50" W. - 183.81 feet to a monu- ment; thence along said land of George W. Smith & Sons, N. 79° 00' 50" W. - 100.0 feet to a monument on said easterly line of the Main (State) Road; thence along the last described line, N. 10° 59' 10" E. - 50.0 feet to the point of beginning. HIGHWAY II - "GILBERT STREET":- ALL that certain plot, piece or parcel of land being at Southold, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly line of Jockey Creek Drive as above described, S. 77° 46' 50" E. - 789.58 feet from the monument on said southerly line of Jockey Creek DriVe at the northerly end of land of Ellis Terry; running from said point of beginning along the southerly line of Jockey Creek Drive, S. 77° "" · © ' 0 CD 5455 , 299 46° 50" E. - 50.00 feet to a monument; thence S. 12u 13' 10" E. and passing through a monument near its southerly end, 310 feet, more or less, to the ordinary high water mark of Jockey Creek; thence northwesterly along said ordinary high water mark 115 feet, more or less, to a point 100 feet westerly from the course, measured at right angles thereto; thence N. W. - 100.0 feet; thence ment, thence N. 12° 13' ginning. .......... ~ ..... = ........ c:r_zin mx7 ;z.i:.. ~- ha AND WE DO CERTIFY that the considerations paid to the under- signed for this dedication and conveyance, are the following, to wit: To Edith M. Terry, Individually, the sum of One Dollar; to Edith M. Terry and Ellis M. Terry and Raymond W. Terry, Jr., as Executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased, the sum of One Dollar each; and to Susan H. Terry the sum of One Dollar, receipt of which is hereby acknowledged. IN WITNESS W~EREOF, we have cuased these presents to be executed and sealed this 8th day of March, 1963. last described 12° 13' 10" S. 77° 46' 50" E. - 50.0 feet to a monu- 10" W. - 150.0 feet to the point of be- Edith M. Terry Ellis ~. Terry R~ond W. Terry,/~/~' (L'S') Susan H. Ter~ J - STATE OF NEW YORK ) .ss: COUNTY OF SUFFOLK ) On the 8th day of March, Edith Mi Terry, Individually, Terry and Raymond W. Terry, and Testament of Raymond W. 1963, before me personally came and Edith M. Terry and Ellis M. Jr., as Executors of the Last Will Terry, Sr., deceased, and Susan H. Terry, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. IIECORDE9 N.OV~ 21 1963 NORMAN E. KLIPP Clerk of Suffolk County Clerk of Suffolk Count~ , CONSENT OF TOWN BOARD TO PROPOSED TOWN HIGHWAYS X In the Matter of the Laying out of certain town highways in the Town of Southold, County of Suffolk and State of New York. X UPON READING AND FILING the application of Edith M. Terry, Individually, and Edith M. Terry, Ellis M. Terry and Raymond W. Terry, Jr., as Executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased and Susan H. Terry, dated and acknowledged, March 8, 1963, and the dedication and release of Edith M. Terry, Individually, and Edith M. Terry, Ellis M. Terry and Raymond W. Terry, Jr., as Executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased, and Susan H. Terry, dated March 8, 1963, and duly acknowledged, dedicating and releasing the necessary lands for proposed town highways to extend from Main (State) Road, through lands of Edith M. Terry, Individually, and Edith M. Terry and Ellis M. l:Terry and Raymond W. Terry, Jr., as Executors of the Last Will and Testament of Raymond W. Terry, Sr., deceased, and Susan H. Terry, to a point therein, all as shown on a map attached hereto; RESOLVED that, in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent be and the same hereby is given that the Town Superintendent of IHighways of the Town of Southold make an order laying out the aforesaid town highways, the said town highways to consist of the lands described in the said dedication and release and to extend l'as delineated upon the map thereto annexed, and it is further RESOLVED, that the Town Clerk be and he hereby is directed to forthwith cause such release to be recorded in the office of the clerk of the County of Suffolk and, upon its return, to attach it hereto. Dated, ~'~==~h, 1963. TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK, NEW YORK Supervisor ~J~tice~f the Peace Justice of the Peace Town Councilman T6wn CoUncilman 0 ORDER LAYING OUT HIGHWAYS ON RELEASE FROM OWNERS In the Matter of the Laying out of certain town highways in the Town of Southold, County of Suffolk and State of New York. X X Application having been duly made for the laying out of town highways in the Town of Southold, Suffolk County, New York, extending from a point on the easterly line of the Main Road at the southwesterly corner of land of Susan H. Terry to a point on land formerly of Leicht and a dedication and release from the owners of the lands through which the highway is proposed to be opened, having Peen given; NOW THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, County of Suffolk, New York, do hereby determine and order that town highways shall be, and the same are hereby laid out in said Town as follows: Highway I, "Jockey Creek Drive" ALL that certain plot, piece or parcel of land being at Southold, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of the Main (State) Road at the southwesterly corner of land of Susan H. Terry, running thence along said land of Susan H. Terry, S. 79° 00' 50" E. - 90.27 feet; thence along said land of Susan H. Terry and land of the Christian Science Society, Southold, N.Y., N. 78° 57' 50" E. - 184.38 feet; thence along the last described land and then along Terry and Raymond W. Terry Estate, three courses land of Susan H. as follows: (1) S. 77° 46' 50" E. - 1452.43 feet; thence (2) N. 9° 35' 30" E. - 25.02 feet; thence (3) S. 77° 46' 50" E. - 100.0 feet to land formerly of Leicht, thence along the last described land, S. 9° 35' 30" W. - 100.10 feet to a monument; thence along land of said Susan H. Terry and Raymond W. Terry Estate and land of Terry, Jr. and land of Ellis Terry M. Glover, R. DeMott, R. W. three courses as follows: (1) N. 77° 46' 50" W. - 100.0 feet; thence (2) N. 9° 35' 30" E. - 25.02 feet; thence (3) N. 77° 46' 50" W. - 1444.43 feet to a monument; thence along land of said Ellis Terry and land of George W. Smith & Sons, S. 78° 57' 50" W. - 183.81 feet to a monument; thence along said land of George W. Smith & Sons, N. 79° 00' 50" W. - 100.0 feet to a monument on said easterly line of the Main (State) Road; thence along the last described line, N. 10° 59' 10" E. - 50.0lfeet to the point of beginning. Highway II, "Gilbert Street? ALL that certain plot, piece or parcel of land being at Southold, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly line of Jockey Creek Drive as above described, S. 77° 46' 50" E. - 789.58 feet from the monument onssaid southerly line of Jockey Creek Drive at the northerly end of land of Ellis Terry; running · . © ' 0 0 from said point of beginning along the southerly line of Jockey Creek Drive, S. 77° 46' 50" E. - 50.00 feet to a monument; thence S. 12° 13' 10" E. - and passing through a monument near its south- erly end, 310 feet, more or less, to the ordinary high water mark of Jockey Creek; thence northwesterly along said ordinary high water mark 115 feet, more or less, to a point 100 feet westerly from the last described course, measured at right angles thereto; thence N. 12© 13' 10" W. - 100.0 feet; thence S. 77° 46' 50" E. - 50.0 feet to a monument, thence N. 12© 13' 10" W. - 150.0 feet to the point of beginning. Said road passing through~nd of Susan H. Terry and R. W. Terry Estate. The above described highways being 50 feet in width at all points and the turn-around area at the end of each highway being at lease 100 feet square, all in compliance with the regulations of the Town of Southold in such matters. Dated, this ~3~h day of~h, 1963. /Town of Southold, Superintendent of Highways O O " FREDERIC P. RICH June 28, 1965 The Honorable Lester H. Albertson, 16 South Street Greenport, L.I., New York Supervis or Dea~ Let, Please find enclosed all of the papers required in connection with the dedication of Jockey Creek~ Extension by Katb_vyn Clasing Mullen. We trust you will find the within papers in order, There is also enclosed check to the orde~ of the Town of Southold for payment of the record- lng fees for the dedication and release and the deed. Walter George Eapp Enclosure $ O FREDERIC P. RICH ATTORNEY AT LAW April 15, 1965 Mr. Lester S. Albertson, Supervisor Town of Southold South Street Greenport, L.I., New York Re: Property of Kathryn K. Clasing Dedication of Jockey Creek Drive Extension Town of Southold Dear Let, Pursuant to our telephone conversation of this date, I would like to supply you with the following information in connection with the proposed dedication about which I know you have some knowledge. There is a county easement that runs along the westerly line of Oaklawn Avenue and a very few feet into the property of Mrs. Clastng. It runs from a point approximately 170 feet north of the inter- section of the northerly line of the proposed road and southerly from that point on down to the stone bridge of Jockey Creek. It is my understanding that before the town will ac- cept dedication it will be necessary that the Suffolk County Department of Public Works either release this easement or at least consent to thei dedication. Any- ~ thing that you can do towards expediting this matter for us will be appreciated. Wal~er George Kapp FREDERIC P. RICH ATTORNEY AT LAW April 16, 1965 Mr. Lester Albertson, Supervisor Town of Southold South Street Greenport, L.I., New York Dear Let, Enclosed please find a map of the Clasing property togethe~ with an additional map showing the p~oposed highway. I understand that you will take the matter up with the~own Board. /Gordially Walte~ George Kapp Enclosures ARTHUR H. I.UNOBE:RG RIVE:RHI~AD. N. 'Y. · T~ly 6, 196~ Saith, Tasker, Finkelstein & Lundberg, Esqs. Main Street Greenport, N.Y. Res Title No. 1238~ Premises of Xathryn K.Mullen at $outhold ~ttention of Mr. Robert Tasker Dear In the abstract under the above number follwing the record of the death ef Israel Peck, please insert the enclosed records of deaths of Annie M. Huntting and ~,a L. Huntting. The reoords of these two deaths disposesof the interest of tnnie M. Huntting and E~wa L.P. Huntting, daughters and heirs nf Israel Peck who died in- testate seized of a tract, including the premises covered in the above transaction. Very t?ly yours, encle THl-q INDF~ITL~F~ made the '¥Q' ''~ day of I~ty , nineteen hundred and si~ty-five, B£TWr. KATI~YN K. MULT.W.N, formerly known as KATHRYN K. CLASING, residing at Pine Neck Road in the Town of Southold, County of Suffolk, and State of New York, party of the first pan, and the TOWN OF SOUTHOLD, COrINTY O?' SD- FOLK, STATE 0F ~.'M YORK, party of the second part, wrr~y~q~l.l~ that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or ~uccessors and assigns of the party ef the second part forever, ~!.1. that certain plot, piece or parccq of land, with the buildings and improvements thereon erected, situate, lying and being in the at $outhold, in the Town of Southold, County oi' Su~Tolk, and State of New York, more part~cularlv bounded and described as follows: Beginnin~q at an iron pipe in the direct extension easterly of the northerly llne of Jockey Creek Drive, S. ??o 46' 50" E.- 100.0 feet alon~ said easterly extension, from ~.e ~'~soerly terminus of said northerly line, said point of beginnir~, being also ~[. 9° 35' ~30" E. - 75.07 feet from a monument at the southeasterly corner of the "turnaround" at the easterly end of said Jockey Creek Drive, from said point of beginning running, in said direct extension easterly of said northerly line, S. 77° 46, 50" E. - 150.0 feet; thence i.,~. 84° 27t 50n E. 191.~5 feet to the westerly llne of 0aklawn Avenue; thence along0said westerly line S. 25° 03' 00" E. - 93.05 feet; thence S. 84 27' 50" W. - 217.28 feet; thence in a direct extension easterly of the southerly line of said ~ockey Creek Drive, ?~. ?7° 46t 50" W. - 155.51 feet; thence N. 9° 35' 30" E. - 50.05 feet Do the point of beginning. The above described highway bein~ 50.0 feet in width. 'FOGETIIER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part Covenants that the party of the first part Ires not done or suffered anything whereby the said premises have been encumbered in any way whatever, exc as af AND the party of the first part, in comnliance with c~.:~- , ~ .~ .,_ · . ? oresaM ' the first part will receive the consideration for this conveyance and will hold the right to receive such cofi.4d- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the ~ne any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so reqmre~ IN ~ WHi~W..OIV~ the party of the first p~rt has duly executed this deed the day and year first above written. \ , II~' PILK~EI~CE 01~.* STATE O~ NEW YOiEK, COUNTY O1~ sm On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by. order of the board of directors of said corpora- tion, and tlmt he signed h name thereto by like order. STATE Ol~ NIW YOLK. CQ4RITY Oil -* #~ On the day of 19 . before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that. executed the same. STATE OIt NEW YORK, CO4JNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and aay that be resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. EATHRYN K. ~TULL~N, fermerly as KATHR_~ %. CLASIN.G . TO TOWN OF SOUTHOLD kTlowrl ~0 Ui~TY OF SU:~'FOLK, S~A~ OP ~d YORK RETURN BY MAIL TO: THE TITLE GU.4RA.NTEE COMP.4.NY Z,p No. Jockey Creek Drive and Gilbert Street In the Matter of The Laying Out Of Certain Town Highways in the Town of Southold, County of Suffolk and State of New York, to be Known as Jockey Creek Drive and Gilb~rt Street LEFF'ERT$ PAINE £DSON In the h, avter of' the Laying ou% of a certain Toe-in High- way in the To~in of Southold, County of Suffolk, and State oi' New YoPk DEDiCATi0}[ A}~D RELEASi£, C0ISE~, 0RDV~R, S~VL~Z CENTZFICATE OF TITLE, BARGAIL: A~',rD SALE DE~ FREDERIC P. RICH A'rrORNEY AT LAW MAIN STREET SOUTHOLD, NEW YORK ~ 'E'x ?dr~s t°~ .~T J o CKE'Y · /'1-/t