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HomeMy WebLinkAboutTHERESA DRIVE~ivlITtt, TAsI{E~ ~D I~INKELSTEIN August 29, 1973 Hon. Alber~t W. Richmond Southold Town Clerk Southold, New York 11971 Re: Dedication of Highways Dear Albert: Relative to the dedication of Theresa Drive, Richard Stareet and Donna Drive shown on Map of Deephole Creek Estates which streets were accepted for dedication by the Town Board at its August 28, 1973 meeting, I enclose here- with the application of Frank S. Zaleski, the order of the Superintendent of Highways, the consent of the Town Board, the Certificate of Title of Equity Abstract, Inc, and the Certification of Title of John F. Fryer, Esq. The above ment'~ned instruments should be filed irk your office. The original Dedication and Release and deeds have this day been sent to the County Clerk's Office for recording and when they are returned to me will be transmitted to you. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures TO' NEY LD 425 MAIN ST. [~REENPORT, L. ~., N.Y. 11944 October 15, 1973 Hon. Albert W. Richmond Soulhold Town Clerk Southold, New York 11971 Re: Dedication of Town Highways at Deephole Creek Estates Dear Albert: Enclosed herewith is the original dedication of Theresa Drive, Richard Street and Donna Drive emecuted by Frank S. Zaleski on August 28, 1973 and recorded in the Suffolk County Clerk's Office on September 6, 1973 in Liber 7481 of dedications and releases at page 502. Also enclosed are the following two deeds with respect to the same dedication of highways. Deed dated August 24, 1973 from Frank S. Zaleski to the Town of Southold recorded in the Suffolk County Clerk's Office on September 6, 1973 in Liber 7481 of deeds at page 519 and deed dated August 28, 1973 from Frank S. Zaleski to the Town of Southold recorded in the Suffolk County Clerk's Office on September 6, 1973 in Liber 7481 of deeds at page 516. Will you please acknowledge receipt of the enclosures by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, RWT :MY Enclosures CERTIFICATE OF TITLE EQUITY ABSTP~CT INC., ance Company, hereby certified has examined title to the premises described herein title thereto vested in FRANK S~ ZALESKI wh'o acquired title from James A. Gildersleeve dated February 1943 and~-re~orded February 1943 in LfDer 381, subject to those mortgages, easements and agreement cord set forth herein. This certificate is made and accepted with the under- standing that the liability of this Company is limited and in no event is said liability to exceed the sum of ONE THOUS~YD A~D 00/100 ($1,000.00) Dollars. an agenn for Chicago Title Insur- to the Town of Southold that it and finds and another by deed 2273 cp of re- Dated: August 27, 1973 BY: EQUITY ABSTRACT INC. F~tROLD BRONFEL~D- DESCRIPTION ALL that certain plot, piece or parcel of land, situ- ate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, known and designated as Theresa Drive, Richard Street and Donna Drive, as shown and de- lineated on a certain map entitled '!Map of Deephole Creek Estates" filed in the Suffolk County Clerk's Office on January 28, 1965, as Map No. 4256. ~ -2- In the Matter : of the : Laying out of a certain town highway in the Town of Southold~ : County of S~folk and State of New York, : TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK: The u~ndersigned~ an inhabitant of the Town of Southold, liable to be assessed for highway taxes therein, hereby applies you to lay out certain highways in said To%~, namely; Theresa Driver Richard Street and Donna Drives which proposed highways pass through my lands and are shown on a certain m%D entitled "Map of Deephole Creek Estates" and filed in the Suffolk County Clerk's Office on January 28, 1965~ as Map No. 4256, a copy of said map is annexed hereto and made a part hereof° Dated: August' ~'~1973o STATE OF NEW YORK) ) COUNTY OF SUFFOLK) to On this ~ day of ~lugust, 1973, before me personally came FRANK So ZALESKI~ to me known and known to me to be the in- dividual described in and ~no executed the foregoing instrument and acP~owledged to me that he executed the same° CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THL$ IND~ENTURE, made the ~ ~ ~y of August , nineteen h~dred and Seventy-t~ee BE~KN ~ (no number), F~K S. ~ESKI~ residi~ at Deeph01e Drive~ Mattituck~ New York 11952~ party of the first part, and THE TOWN 0F SOUTHOLD: a mun£cipal eor, poratio~ being a subdivision of the County of Suffolk in the State of New York~ having a place of business at ~~~~l~~x, 16 South Street, Greenport, \ Town of Southold, SBffolk County, New York,' party of the second part, WlTNF-~$LrI~ that the parry of the iirst part, in consideration of ten dollars and o. th.er valuate consl.dem, ti.~ paid by the party of the second part, does hereby grant and. release unto tha party ot the $econa part, the heirs or successors and assigns of the party of the second part forever, ~ . ALL that certain plot, piece or parcel of land, with t~.e bui~'ldings and improvements thereon erected, $1tuat~, l~ng and b~ng~lk~ at Mattituck~ in the '£'own of South01d~ County. of Suf- folk and State of New York~ known and designated as Theresa Drive: Richard Street and Donna Drive~ as shown and delineated on a certain map entitled "Map of Deephole Creek Estates" filed in the Suffolk Cotmty Clerk's Office on January 28: 1965~ as Map Nee 4256° TOGETHER with all right, titl~ and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER wi, th 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 has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of ~the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust :[und tobe applied first for {he purpose of paying the cost of the improvement and will apply the same first to the payment of the ~ost of the improvement before using any part of the total of the same for any other purposel . The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WrrNF.,~ WHF_J~OF~ the party of the first part has duly executed this deed the day and year first above written. ~N PR~ENCE OF; FRANK S. Z~ESKI STATE OF NEW YORK, COUNTY OF SU~FOLK personally came FRANK S. ~ZgLESKI to me known to be the individual described in and who executed the foregoing instrument, aud acknowledged that he ~3~the same. No~j ~u~Hc, S~e c~ New N~. 52-8425~55 - Suffolk County STATE O~c NEW YORK. COUNTY OF ss: 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. On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and .the subscribing witness to the foregoing instrument, with 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 that he signed h name thereto by like order· whom I am personally acquainted, who, being by me dui3' sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing ~nstrument; 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. ttarga~n aah ~ale WXTH COYENANT AGAINST GRANTOR'S ACTS TITLE NO. FRANK S o Zi%LESKI SECTION BLOCK LOT COUNTY OR TOWN TO TOWN OF SOUTHOLDi SECURITY TfTLE AND GUARANTY COMPANY RETURN BY MAIL TO: Robert We Tasker~ Esq~ 425 Main Street Greenport, New York 11944 b Standard N. Y. B.T.U. Form 8006 * 10-70 -3 ¥¥~--B~argaln and Sale Deed, without Covenant against Grantor s A nddwdual or Corporation. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~ IND~ made ~e day of August , nineteen hundred and seventy thrae BE~EN FRANK So ZALESKI, residing at 3800 Deep Hole Drive, Mattituck, Town of $outhotd, Suffolk County, New York, party of the first part, and / TOWN OF SOUTHDLD,~/mthnicipat corporation in the county of Suffolk and State of New York, having its principal place of business at 16 South Street, Greenport, Town of Southold, Suffolk County, New York, party- Of the second part, WITNE..KSETH, that the party of the first part, in consideration of (TEN) $10.00 ............... .............................................................. "dollars, lawful money of the United States, and other good and 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 successors and assigns of the party of the second part forever, gl.l. that certain plot, piece or parcel of land,~1Xa~kt~__*L ' situate, lying andbeingmlXlt~ at Mattituck, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Theresa Drive as shown on Map of Deep Hole Creek Estates which point is situated North 83° 20' 40" West 352.85 feet from the concrete monument set at the intersection of the southerly side of Theresa Drive with the westerly line of Deep Hole Drive (East Section ) and from said point of beginning running along the southerly side of Theresa Drive North 83° 20' 40" West 30.00 feet to lot no. 4~ running thence along lot no. 4 as shown on ~ap of Deep Hole Creek Estates south 20° 41' 30" West along the easterly side of lot no. 4 206.16 feet to a point; running thence South 83° 20' 40" East along lands now or formerly of Frank S. Za!eski 80.00 feet to a point and lot no. 3 as shown on Map of Deep Hole Creek Estates~ running thence along the westerly line of lot no. 3 as shown on Map of Deep Hole Creek Estates and at 90~ angle to the aforementioned last course North 6° 39' 20" East 200.00 feet to the point or place of BEGIIiHiNG. Being and intended to be the parcel lying between lots number 3 and 4 as shown on Map of Deep Hole Creek Estates said parcel being labeled "To Town" TOC~'THER 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, 'ro~t~rHF_.R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, · ro HAV£ AND TO HOID 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, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- 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 same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNF_.$$ WHE. REOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: On the//ff el~,day of/AU~,UST 19 73 , befo~ me ~rson~ly ~e ~ ~ . to me ~o~ to be t~n~dual des~ed in and who ~uted~e foregoi~/i~me~ an~now~ed t~t he STATE OF NEW YORK, COUNTY OF sss On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and Bay 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 that he sig~cd h name thereto by like order. STATE OF NEW YORK, COUNTY 01: ss, 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' executecl tne-'same. STATE OF NEW YORK, COUNTY OF sss On the day o£ 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 say that he 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. ~acgain anb g~ale ~.b WITHOUT COVENANT AGAINST GP. ANTOR'$ ACTS TITLE NO. FRANK S. ZALESKI SECTION BLOCK LOT COUNTY OR TOWN TO TOWN OF SOUTHOLD Dinrlb~t~d by THE TITLE GUARANTEE COMPANY Robert W. Tasker, Esq. 425 Main Street Greenport, New York 11944 Zip No. In the Matter of the Laying out of a certain town highway in the To~ of Southold~ County of Suffolk and State of WHEREAS~ application has been duly made to the Town S~perintendent of Highways of the Town of Southold, in Suffolk County, New York, for the laying out of certain Town Highways known as Theresa Drive, Richard Street and Donna Drive and shown on ~°Map of Deephole Creek Estates~ filed in the Suffolk County Clerk's Office on January 1965~ as ~ap No. 4256, which Highway extended through the lands of Frank S. NOW~ THER~ORE~ the said Frank S. Zaleski~ residing ~t 3800 Deep ~ole Drive~ ~attituck i/in the Town of So~thotd and the owner of lands to be in- I cluded within the said highways, for the consideration here- inafter specified~ does hereby de~icate~ release and convey ! ha~}nE its principsl place of business at !8 South Street~ ©reenport, to the said T~n of Southold~ for high~ay~Durposes~ the tand~f shown as Theresa Drive, Richard Street and Donna Drive on the aforesaid map. ~ne lands hereby dedicated~ released and conveyed are specifically sho%~ and delineated on said map whiCh is annexed to the application of Frank So Zaleski to the Town Superintendent of Highways~ dated ~-, ...... tR~ 1973. AND I HERE~I CERTIFY that the ~ .... ~ ..... c ............... on paid to the underszqned for ~ ~-~ su~ of ONE $i.00) Doltar~ iN WITNESS WtIE-REOP~ I ;haj caused these presents STATE OF ~w YORK) COU~T~/OF SUFFOLK) On this ~ day of August~ 1973~ before me per- sonally came FRANK $. ZALESKI to me known and known to me to be the person described in end who instrument and he acknowledged the 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~ : Upon reading and filing the application 8m_d the dedica- tion ~nd release of Frank So Zaleski~ both dated and acknowledged the ~day of August~ 1973~ dedicating and releasing the nec- essary lands for the proposed Town Highways known as Theresa Drive~ Richard Street and Donna Drive and shown on subdivision map en- titled "Map of Deephole Creek Estates" filed in the Suffolk County Clerk's Office on January 28~ 1965~ as Map No° 4256~ RESOLVED that~ in accordance with the provisions of Sec- tion 171 of the Highway Law of the State of New York~ consent be and the same hereby is given that the Town Superintendent of High- ways of the Town of Southold make an order laying out the afore- said town highways: the said town highways to consist of the lands described in the said dedication and release and to extend as de- lineated upon the map thereto annexed~ and it is further RESOLVED~ that the Town Clerk be and 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 at- tach it he~qto. Dated: August J~:~ , 1973. TOWN BOARD OF THE TOWN OF SOUTHOLD co=TY oF suFFoL Supervisor Town Councilman -2- in the ~atter : of : : Laying out of a certain town highway in the Town of Southold~ County of Suffolk and State of New York, Application having been duly made for the laying out of certain Town Highways in the Town of Southold~ Suffolk County, New York, more particularly shown and delineated on a certain map entitled "Map of Deephote Creek Estates" filed in the Suffolk County Clerk's Office on January 28~ 1965, as Map NOo 4256, and known as Theresa Drive, Richard Street and Donna Drive, and a dedication and r~lease from the owner of lands through -which the highway is proposed to be opened having been given; NOW, THEREFORE~ I~ Raymond C. Dean~ the Town Superin- tendent of Highways of the Town of Southold~ Suffolk County, New York~ do hereby determine and order that a town highway shall be, and the same is hereby layed out in said To-wn as follows: Theresa Drives Richard Street and Donna Drive, as shown and delineated on a certain map entitled "Map of Deephole Creek Estates" filed in the Suffolk County Clerk's Office on January 282 1965, as Map Noo 4256, a copy of which may is annexed hereto° Dated: August ~ , 1973o ~Tg~h Superintendent of Highways T~wn of Southold Suffolk County~ New York STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: Based on the certification of William Wickham, Esq., dated October 11, 1965, the affidavit of Frank S. Zaleski, sworn to December 15, 1966, the certification of John R. McNulty and an examination of appropriate records as well as recent title company reports concerning the title to lands owned by Frank S. Zaleski, I DO HEREBY CERTIFY to the TOWN OF SOUTHOLD that I have continued the examination of John Ro McNulty from December 15, 1966~ to August 23, 1973~ and do further certify that in my opin- ion, the parcel to be dedicated to the Town of Southold for use as a public highway more particularly described in the Petition and dedication dated 'August ~ ~ 1973, is vested in Frank So Zaleski~ free and clear of liens and encumbrances and good title may be conveyed by him to the Town of Southoldo JOHN F. FRYER, Esq./ Sworn to before me this 23rd day of August, 1973. No,aw Pu~, State of Nee N~ ~2-120~140 Queried In SuffMk Oounty Gommi~i~ EXl~ M~mlt 30, 1975 MORTGAGE SCHEDULE None of Record. COVENANTS, RESTRICTIONS, E~SEMENTS~ ETC. EASEMENT: New York Telephone Company easement recorded in Liber 5926 cp 230. EASEMENT: Long Island Lighting Company easement recorded Liber 6163 cp 215. COVENANTS: Declaration of Protective covenants recorded in Liber 5897 cp 500. -3- LESTER H,.~LBERT$ON CLERK OF SUFFOLK COUNTY 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. Dated: August , 1973 Robert W. Tasker, Esq. 425 Main Street Greenport, New York 11944