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HomeMy WebLinkAboutLEEWARD DRIVERICHARD J. CRON In the Matter of the Laying Out of Certain Town Highways in the Town of Southold~ County of Suffolk and State of New York. ORDER LAYING OUT HIGHWAYS Application ~ving been duly made for the laying out of certain town highways°in the Town of Southold, Suffolk County, New York, as shown on a survey of proposed highways to be known as Leeward Drive and Topsail Lane, pmepared by Young & Young, Licensed Land Surveyors~ dated May ll~ 1973, with revisions as of June 15, 1973, annexed hereto and made a part hereof, said proposed highways being as shown on a certain map entitled "Map of Leeward Acres at Bayview" which map was filed ~ the Office of the Clerk of the County of Suffolk as ~p No. 5599~ and a dedication and release from the owners of the lands through which the highways would be open, having been given; NOW, THER~ORE) I~ the TOWN S~ERINTEND~T OF HIGHWAYS OF THE TOWN ~ SOUTHOLD, SUFFOLK COUNTY~ NEW YORK~ do hereby determ~e and order that town highways s~ll be and the same are hereby laid out in said Town in accordance with the said afore- said maR and survey of proposed highways~ annexed hereto and made a part hereof. Dated: ~~~,''y TOWN OF SO~HO~, COUNTY OF S~FOLK STA~NEW YORK V~n Superintendent o~ ~ghways RICRARD J. CRON COURSEU.ORATLAW CUTCHOGUE, NEW YORK In the Matter of the Laying Out of Certain Town Highways in the Town of Southold, County of Suffolk and State of New York. Application to Lay Out Town Highways Pursuant to Section 171 of the Highway Law of the State of New York TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF IN THE COUNTY OF SUFFOLK AND STATE OF NEW YORK: SOUTHOLD, The undersigned, a domestic corporation with its prin- cipal offices at 1408 Montauk Highway, Mastic, Suffolk County, New York, liable to be assessed for highway taxes therein, hereby applies to you to lay out certain highways in said Town, which proposed highways will pass through the lands of the applicant herein, LEEWARD ACRES AT BAYVIEW, INC. Hereto annexed and made a part hereof, is a survey of the proposed highways to be known as Leeward Drive and Topsail Lane, which survey is prepared by Young & Young, Licensed Land Surveyors, dated May 11, 1973, with revisions as of June 15, 1973, showing the course of the said proposed highways. The said high- ways are the same as the highways set forth on the Map of Sub- division of Leeward Acres at Bayview, filed in the Office of the Clerk of the County of Suffolk on June 4, 1971, as Map No. 5599. DATED: Cutchogue, New York JulyS5, 1973 STATE OF NEW YORK, LEEWARD ACRES AT BAYVIE]~D INC. I" 'Pre~ / / ~' COUNTY OF S~FOLK ss.: On theg~5th day of July, 1973, before me personally came RICHARD J. CRON COUNSELLOR AT LAW CUTCHOGU£, SEW YORK FRANKLYN J. depose and say, New York; that BORN, to me known, who, being by me duly sworn, did that he resides at Leeward Drive, Southold, he is President of LEEWARD ACRES AT BAYVIEW, INC. the corporation described in and which executed the above instru- ment; 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 corporation and that he signed his name thereto by like order. ~" Not~r~ ~blic ~c ~.~ ;'c~°~ otaCY pubic ~ the~iio~tate ~ty°~ ~'~' TO: RAYMOND C. DEAN Superintendent of Highways Town of Southold, Suffolk County~ New York Peconic Lane, Peconic, New York RICHARD J. CRON, ESQ. Attorney for Applicant Office & P. O. Address Main Road Cutchogue, N.Y. 11935 734-5100 - 2 - RICHARD J. CROR COUNSELLOR AT LAW CU¥CHOGUE. NEW YORK THIS INDENTURE, made the 15th day of October, nineteen hundred and seventy-three, between LEEWARD ACRES AT BAYVIEW~ INC. a New York corporation, with its principal office at 1408 Montauk Highway, Mastic, Suffolk County, New York, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office at 18 South Street, Greenport, Suffolk County, New York, party of the second part, W IT NE S S ET H: That the party of the first part, in consideration of Ten and 00/100 Dollars ($10.00), and other valuable consideration paid by the party of the second part~ does hereby grant and re- lease unto the party of the second part, the heirs or successors and assigns of the second part forever, an easement and right of way for the maintenance of a certain Drainage Pond situate on those lands described as a Park, Recreation and Drainage Area lying between Lots 51 and Lots 52 and 53 on Map of Leeward Acres at Bayview, which map is filed in the Office of~he Clerk of the County of Suffolk as Map No. 5599, ///~C~// TOGETHER with the right to enter upon the foregoing described area, and construct, maintain and repair a storm sewer pipe line running from a manhole situate in a highway designated as Leeward Drive through~ under or across the Park, Recreation and Drainage Area into the foregoing described Drainage Pond, TOGETHER with the right to excavate and refill ditches and trenches for the location of such pipe line, and the further right to remove trees, bushes, undergrowth and other obstructions RICHARD J. CRON COUNSELLOR AT LAW CUTCROGUE, NEW YORK interfering with the said pipe line. IN WITNESS WHEREOF, duly executed this written. /~'~'-pr ~ s~nc 9/o ~'''~ · f /'~ / / / / location, construction and maintenance of the party of the instrument the day and year first part has firs t above LEEWARD ACRES AT BAYVIEW, By: INC. STATE OF NEW YORK SS.: COUNTY OF SUFFOLK On the 15th day of October, 1973, before me t came FRANKLYN J. BORN, to me known, who, by me being duly sworn, did depose and say that he resides at No. Leeward Drive, Southold, New York; that he is the President of LEEWARD ACRES AT BAYVIEW, INC., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corpora- that the seal affixed to said instrument is such corporate that it was so affixed by order of the Board of Directors corporation, and tion; seal; of said order. that he d hisname thereto b like RICHARD J. CRON COUNSELLOR AT LAW CUTCHOGUE, NEW YORK In the Matter of the Laying Out of Certain Town Highways in the Town of Southold, County of Suffolk and State of New York. DEDICATION and RELEASE OF LANDS WHEREAS, application has been made to the TOWN SUPER- INTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, for the laying out of certain town highways to be known as LEEWARD DRIVE and TOPSAIL lANE, said proposed highways being as shown on a certain map entitled "Map of Leeward Acres at Bayview~' which map was filed in the Office of the Clerk of the County of Suffolk as Map No. 5599; NOW~ THEREFORE, LEEWARD ACRES AT BAYVIEW, INC., a New York corporation, with its principal office at 1408 Montauk Highway, Mastic, Suffolk County, New York, the owners of lands to be included within the said highways~ does hereby dedicate, release and convey to the Town of Southold, for highway purposes, the lands so shown as highways on map of Leeward Acres at filed in the Office of the Clerk of the County of Suffolk as Map No. 5599; RICHARD J. CRON COUNSELLOR AT LAW CUTCHOGUE. NEW YORK AND· it is certifie~ that the the undersigned for this dedication and of One and 00/100 Dollar ($1.00). IN WITNESS WHEREOF· ~have caused these presents be executed and sealed thzs~ day of 0~ CY · 1973. consideration paid to conveyance was the sum to LEEWARD ACRES AT BAYVIEW, By: STATE OF NEW YORK SS.: COUNTY OF SUFFOLKs3 On the ~f ~Z~ay of ~u-~-~ , 1973, before me ~ came FRANKLYN J. BORN· to me known, who, being by me duly sworn~ did depose and say, that he resides at Leeward D~ive, Southold· New York; that he is President of LEEWARD ACRES AT BAYVIEW· INC.· the corporation described in and which executed the above instru- ment; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was affixed by order of the Board of Directors of said corporation a~d that he signed his name thereto/b~ke order. /; Notar~ Pub~iic ~UC~m!~ ~ ).C~ON the State o{ 1'/'~' RICHARD J. CRON COUNSELLOR AT LAW CUTCHOGUE, NEW YORK In the Matter of the Laying Out of Certain Town Highways in the Town of Southold, County of Suffolk and State of New York. CONSENT OF TOWN BOARD TO PROPOSED TOWN HIGHWAYS Upon reading and filing the application of LEEWARD ACRES AT BAYVIEW, INC., dated and acknowledged July 5, 1973, and the setting said proposed dedicati~o~ and release of LEEWARD ACRES AT BAYVIEW, INC., dated the ~-~Say of July, 1973, and duly acknowledged, dedicating and releasing the necessary lands for certain proposed town highways to extend from Jacob's Lane, a town road, through the lands of said LEEWARD ACRES AT BAYVIEW, INC. to North Bayview Road, a town highway, as is shown on a survey of the proposed highways known as Leeward Drive and Topsail Lane~ which survey is prepared by Young & Young, Licensed Land Surveyors, dated May 11, 1973, with revisions as of June 15, 1973, showing the course of the said proposed highways. The said highways are the same as the highways set forth on the Map of Subdivision of Leeward Acrea at Bayview, filed in the Office of the Clerk of the County of Suffolk on June 4, 1971, as Map No. 5599. 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 letter of the Board of Assessors of the Town of Southold forth that sufficient assessed valuation exists along town highways for purpomes of dedication, and the RICHARD J. CRON Highways of the Town of Southold, make an order laying out the aforeaaid town highways, the said town highways to consist of the lands described in the said dedication and release, and to extend as delineated upon the map thereto annexed, and it is further RESOLVED~ that the Town Clerk be and he is hereby directed to forthwith cause such releaSe to be recorded in the Office of the Clerk of the County of Suffolk ands upon its return, to attach it hereto. Dated: ~ ~/7~/ TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YOR~ c Supervisor . - ~ / Town Jcs t'ice -' ~'o~n ~buhc i~man Town Councilman ' ~ - 2 - 07-74315 CERTIFICATE FOR DEDICATION OF STREETS GUARANTEED TITLE DIVISION, AMERICAN TITLE INSURANCE COMPANY hereby certifies to the Town of Southold, County of Suffolk, that it has searched the title to the premises herein described and finds that title thereto is vested in and can be conveyed by: LEEWARD ACRES AT BAYVIEW INC., Subject to such mortgages as appear in the annexed schedules, all of which are part of this certificate. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to such interests in fee or easement as may be acquired by the Town of Southold, County of Suffolk, and the Company's liability is not to exceed the sum of One Thousand ($1,000.00) Dated: June 30th, 1973 Dollars. GUARANTEED TITLE DIVISION AMERICAN TITLE INSURANCE CO. Will~-a~s. Parsons Vice-President DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Leeward Drive and Topsail Lane as shown on a certain map entitled, "Map of Leeward Acres at Bayview" filed ink,he Office of the Clerk of the County of Suffolk on June 4th, 1971 as Map ~5599. MORTGAGE SCHEDULE MORTGAGE Bayview Southold Co. to Andrew J. Shipule and Jeanette R. Shipule, his wife ~SSIGN. OF MORTGAGE Andrew J. Shipule and Jeanette R. Shipule, his wife to Robert F. Casola MORTGAGE Bayview Southold Co. to Lawrence Kiumenacker ASSIGN. OF MORTGAGE Milton B. Klumenackel Jane Klumenacker Charles Klumenacker to Robert F. Casola Dated: May 17th, 1966 Rec: May 23rd, 1966 Liber 4943 mp 423 Amt. $32,000.00 Dated: Feb. 17th, 1971 Rec: July 12th, 1971 Liber 6080 mp 348 Dated: Jan. 19th, 1967 Rec: Jan. 23rd, 1967 Liber 5100 mp 552 Dated: Jan. 19th, 1972 Rec: Jan. 31st, 1972 Liber 6269 mp 595 OFFIP.~RN EY TFI~LD 425 M~IN ~T. GREENPORT, L. 1., N.Y. 11944 April 4, 1974 Hon. Albert W. Richmond Southold Town Clerk Southold, New York 11971 Re: Dedication of Highways - Leeward Acres at Bayview Dear Albert: Relative to the above captioned matter, I enclose herewith the following documents for filing in your office. (1) Easement agreement dated October 15, 1973 between Leeward Acres at Bayview, Inc. and the Town of Southold recorded in the Suffolk County Clerk's Office on February 27, 1974 in Liber 7595 of deeds at page 317. (2) Dedication and Release dated July 25, 1973 and recorded in the Suffolk County Clerk's Office on February 27, 1974 in Liber7595 of deeds at page 314. (3) Application to Lay Out Town Highways dated July 25, 1973. (4) Consent of Town Board to Proposed Town Highways dated February 8, 1974. (5) Order of Superintendent of Highways dated February 8, 1974. (6) Certificate No. 07-74315 of American Title Insurance Company dated June 30, 1973. In order that I may have a record for my files, will you please acknowledge receipt of the above documents by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, ~ ROIgERT W. TASKER RWT :MY Enclosures LEEWARD ACRES AT BAYVIEW, INC. tO - TOWN OF SOUTHOLD EASEMENT and RIGHT OF WAY CRON CERTIFICATE FOR DEDICATION OF STREETS GUARANTEED TITLE DIVISION ~4ERICAN TITLE I:~SURANCE COMPANY 201 HOWELL AVENUE RIVERHEAD, NEW YORK / / / / /' YOUNG & YOUNG 400 OSTRANDER AV£NU£, RIVERHEAD, HEW YOEK SURVEY OF LEEWARD DRIVE 8~ TOPSAIL LAN~ ~-~Yv,E,, I'ut~'~[''