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HomeMy WebLinkAboutOLD HARBOR RD ALTERATION 1944 In the Matter of Altering : a Highway at New Suffolk in the : Town of Southold, County of : Suffolk, and State of New York : known as : : : : OLD HARBOR ROAD Written application having been made to me, as Town Superintendent of Highways for the Town of Southold, in the County of Suffolk, and State of New York, by Adela F. Shekter, Harrington H. 'Puthill, W. Cou~tland Case, and the Southold Savings Bank, persons, and a corporation, respectively, liable to be assessed for highway taxes in said town, and the written consent of the Town Board of said town having been given as prescribed by law, and releases from damages having been executed by the owners of the land, through which the highway, hereinafter described, passes, with releases of any and all holders of any known liens, affecting said land, copies of which are hereto annexed, ,~ IT IS ~EREBY ORDERED AND DETERMINED that the high- way leading from New Suffolk Lane, otherwise known as ~'ifth Street, to the Waters of Cutchogue Harbor, in said Town of Southold, be altered, and as altered, defined as follows: The Southwesterly line to begin at a point on the easterly line of New Suffolk Lane, otherwise known as Fifth Street, said point being 108.47 feet northerly along said easterly line of New Suffolk Lane from the northwester- ly corner of land of of beginning feet; thence Sarah Acker, First Course: S. Second Course: S. and to run from said point 82° 46' 30" E. 87.88 28° 15' 20" E.- 667.66 feet; thence Third Course: S. 46° 18' 30" E. - 660 feet, more or less; thence less, Fourth Course: S. 67° 39~ 10" E, 197 feet, to the waters of Cutchogue Harbor. more The NOrtheasterly line to begin at a granite !monument set on the easterly line of New Suf~°lk Lane, other- wise known as Fifth Street, at a point 157.95 feet northerly along said easterly line of New Suffolk Lane from the north- westerly corner of land of Sarah Acker, and to run from said granite monument First Course: S. 82° 46' 30" E. 115.55 feet to a granite monument; thence Second.Course: S. 28° 15' 20" E~- 685.28 feet to a point formerly marked by a granite ~onument, now moved; thence Third Course: S. 46° 18~ 30" E..(Magnetic 1923)-(passing through a granite monument about 74.47 feet from the terminus of this course) a distance of 642.85 feet; thence ~r less, O Fourth Course: S. 67 39' 10" E, 67 feet, more to the Waters of Cutchogue Harbor. iA-Ii courses along the Northeasterly and Southwesterly lines to be parallel, and ~aid highway to have a uniform width'of 49.Sj~eet throughout Lts entire length. IT IS FURTHER ORDERED, that upom~the filing of ~his order, and the application and releases ~erein referred $o, in the office of the Clerk of the Town o~'~outhold, that ~he order heretofore made by the Town Superintendent of High- ways defining said Old Harbor Road, and datedi~ithe 21st day of March, 1941, and filed on or about said d~te in the office of the Clerk of the Town of Southold,~be amended, so that from the date of the filing of this order, the said Old Harbor Road shall be as herein defined. Dated this ! ~ day of ~i one thousand nine hundred and forty-four. TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. WE, the undersigned, constitutingthe Town Board of the Town of Southold, in the County of S~ffolk, New York, do hereby consent to the alteration of the highway in said town, kno~ as Old Harbor Road, as set fort~ in the annexed order, and that any and all orders heretofore made defining said Old Harbor Road be deemed vacated and abandoned in so far as they define any areas not within the boum~s of the high- way as defined in the annexed order. IN WITNESS WHEREOF, we have hereun%o set our hands on the / ~ day of ~ , one thousand nine hundred and forty-four. SUPERVIS~ JUSTICE OF ~ PgA~E JUSTICE OFi:~HE PEACE In the Matter of Altertng · a Highway at New Suffolk in the : Town of Southold, County of : Suffolk, and State of New York : known as : OLD HARBOR ROAD : ******************************* TO The Town Superintendent of Highways of the Town of Southold, in the County of Suffolk, New York: The undersigned persons, and a corporation, liable to be assessed for highway taxes in the Town of Southold, County of Suffolk, and State of New York, hereby apply to you to alter the highway leading f~em New Suffolk Lane, otherwise known as Fifth Street, to the Waters of Cutchogue Harbor, in said town as follows:-- The Southwesterly line to begin at a point on the easterly line of New Suffolk Lane, otherwise known as Fifth Street, said point being 108.47 feeS northerly along said easterly line of New Suffolk Lanel.from the north- westerly corner of land of Sarah Acker, and to run from said i point of beginning feet,' thence ;~ feet, thence First Course: S. Second Course: S. Third Course: .:more or less; thence Fourth Course: 82° 46' 30" E. ~ 87.88 28° 15' 20. E. - 667.66 S. 46° 18' 30" E. - 660 feet,i S. 67° 39' LO" E. 97 feet, more or less, to the Waters of Cutchogue Har~r. The northeasterly line to ~gin at a granite monument set on the easterly line of New SuffOlk Lane, other- wise known as Fifth Street, at a point i57.98~feet northerly said easterly line of New Suffolk Lane~rom the north- Westerly corner of land of Sarah Acker, and to run from 30" E. - 113.55 said granite monument First Course: S. 82° 46' feet to a granite monument; thence Second Course: S. 28° 15' 20t E. - 685.28 feet to a point formerly marked by a graui$m monument, now removed; thence Third Course: S. 46° 18' 30# E. (~a~netic 1923) (Passing through a granite monument about 7~47 feet from the terminus of this course) a distance of 642.85 feet; thence Fourth Course: S. 67° 39' 1O" E. 67 feet, more or less, to the Waters of Cutchogue HArbor. Ail courses along the Northeasterly and SouthwaSterly lines to be parallel, and said highway to have a uniform width of 49.5 feet ~hroughout its entire length. Dated this .. day o£ one thousand, nine hundred and forty-four. £NOWALLMEN BY THEeE PRESENTS that I, ADELA F. SHEXTER, residing at 8?-?8-1§Otb Street, Jamaica, ~ueens County, New York, for and in consideration of the sum of ONE DOLLAR ($1.00), and other good and valuable considera- tion, to me in hand paid, do hereby consent that the high- way at New Suffolk, in the Town of Southold, leading from New Suffolk Lane, also known as Fifth Street, to the Waters of Cutohogue Harbor, and boundingpremlses owned by me on the ~outhwest be altered as to the eQ~therly portion of said highway, and ae so altered, define~f record as follows: The Southwesterly line to begin at a point on the easterly line of New Suffolk Lane, otherwise known as Fifth Street, said point being 108.47 feet mortherly along said easterly line of New Suffolk Lane from ~he northwester- ly corner of land of Sarah Aoker, and to run from said point of beginning First Course: thence thenCe Second Course: or less; or less, monument 0 82 46t 30# E. - 8?.88 feet; 0 S. 28 1§~ 20" E. *, 66?.66 feet; 0 Third Oourse: S. 46 18t 30" E. - 660 feet, more thence 0 Fourth Course: S. 67 39t 10# E. 9? feet, more to the Waters of Cutohogue Harbor. The Northeasterly line to begin at a granite set on the easterly line of New S~ffolk Lane, other- wise known as Fifth Street, at a point 157.98 feet northerly along said easterly line of New Suffolk Lane from the north- westerly corner of lan~ of Sarah Aoker, an~ to run from said granite munument 0 First Course: 8. 82 46~ ~0# E. - 11~,~5 feet to agranite monument; thence Second Course: $. 28 151 20# E. - 685,28 feet to a point formerly marked by a granite momu~ent, now re-. moved; rhonee 0 Third Course; S. 46 18t 30" E. (Magnetic 1923) - (passing through a granite monument about 74.47 feet from the terminus of this course) a distance of 642.85 feet; thence 0 Fourth Course: S. 67 ~9t 10" E. 67 feet, more or less, to the Waters of Cutchogue HArbor. All courses along the Northeasterly and Southwesterly lines to be parallel, and said highway to have a unifor~ width of 49.8 feet throughout its entire length. AND I DO HEREBY RELEASE the Town of Southold, in the County of Suffolk, and State of New York, and the Town Superintendent of Highways of enid Town, and all successors, or agents, from any and all claims or demands whatsoever, by reason of altering and defining of record, and maintaining the said highway known aa Old Harbor Road as above defined. I do hereby specifically state that the said premises owned by me, are free and clear from all mortgage liens, or other liens whatsoever, known to me. IN WITNESS WH~EOF, Ih ave hereunto set my hand thousand nine hundr~l, andfor ADELAF. SHEKTER STATE OF NEW,,, YORK l On this day of , in the year one thousand nine hundred and forty-four, before me personal- ly appeared ADELA F. SHEKTE~ to me known, and known to me to be the ~n described in, and who executed the foregoing inet~/~t, ~s_h, duly aoknowledg.d to me that ,he ~..~ KNOW ALL NEN BY THESE PRESENTS that I, HAItP~NGTON H. TUTHILL, residing at Greenport, in the Town of Sou~hold, County of Suffolk, and State of New York, fol, and in con- sideration of the sum of ONE DOLI~ ($1.O0),and other good and valuable consideration, to me in hand paid, do hereby consent that ~he highway at New Suffolk, in ~he Town of Southold, leading from New Suffolk I~ne, also known as' Fifth Street, to the Waters of Cutchogue Harbor, and bounding premises owned by me on the No~heas~ be altered as to the southerly portion of said highway, and as so alter- ed, defined of record, as follows: The Southwesterly line to begin a~ a point on the easterly line of New Suffolk Lane, otherwise known as Fifth Street, said point being 108.47 feet northerly along said easterly line of New Suffolk Lane from the northwester- ]y corner of land cf Sarah Acker, and to run from said point of beginning o First Course: 5. 82 46t 30" E. -87.88 feet ; thence o Second Course: S. 2S 15~ 20# E. - 6eT.S6 feet; thence o Third Course: S. 46 lSt 30# E. - S60 feet, more or less; thence 0 Fourth Course: S. 67 39t 10# E. $? feet, more or less, to the Waters of Cutchogue Harbor. The Northeasterly line to begin a~ a granite monument set on the easterly line of New Suffolk Lane, other- wise known ae Fifth Street, at a point 187.98 feet norther- ly along said easterly line of New Suffolk Lane from the north- westerly corner of land of Sarah Acker, and to run from said granite monument First Course: 8. 82° 46t 30# E. - 113.55 feet to a granite monument; thence o Second Course: S, 28 15~ 20# E. - 685.28 feet to a point formerly marked by a granite monument, now re- moved; thence Third Course: S. 46 0 lS~ ~0# E' (Magnetic 1923). (passing through a granite monument about 74.47 feet from the terminus of this course) a distance of 642.85 feet; ~hence o Fourth Course: 5. 67 39t 10# E. 67 feet, more or lees, to the Waters of Outchogue Harbor. Ail courses along the Northeasterly and Southwesterly lines to be parallel, and said highway to have a uniform width of 49.~ feet through- out its entire length. AND I DO HEREBY RELEASE the Town of Southold, in the County of Suffolk, and State of New York, and the Town Superintendent of Highways of said Town, and all successors or agents, from any and all claims or demands whatsoever, by reason of altering and defining of record, and maintain- ing the said highway known as Old Harbor Road, as above de- fined. And I do hereby represent ~hat the said premises, owned by me, and bounded on the northeast by the aforesaid highway, are free and clear of all mortgage liens, or other liens known to me, except a mortgage held by the Southold Savings Bank of Southold, New York, and two certain mort- ~ages held by W. Courtland Case of Greenport, Suffolk County, New York. IN WITMESS W~E~EOF, I have hereunto set my hand and seal this .~L ~ day of ~/~*y": .~'~'-- , in the year one thousand nine hundred and forty-four. ' HARRI~GTON H, TUTHILL ' STATE OF NEW YORE COUNTY OF ~ On this .~ ~' day of ~u .~-~ ~ , in the year one thousand nine hundred and forty-f6ur, before me personally appeared HARRINGTON H. TUTHILL to me known, and known to me to be the person described in, and who executed the. foregoing instrument, and he duly acknowle~ed to me that he executed the same. Notary Publi.e County of KNOW ALL MEN BY THESE PHESENT8 that wa, the $outhold Savings Bank, a banking corporation, duly organized and existing under the banking law. of the State of New York, and having its principal office and place of business at Southold, County of Suffolk, and the State of New York, and W. Courtland Case, residing at Oreenport, in the Town of Southold, County of Suffolk, and State of New York, as mortgagees named in, and holders of certain mortgages covering /lands of one Harrington H. Tuthill, situate at New Suffolk in the said Town of Southold, through whieh the highway, hereinafter described, passes, for and in consideration of the sum of ONE DOLLAR ($1.00), and other good and valuable consideration, in hand paid, the receipt whereof, is hereby acknowledged, do hereby consent that the highway at New Suffolk, in the Town of Southold, leading from New Suffolk Lane, also known as Fifth Street, to the Waters of Cutchogue Harbor, which said highway is known as Old Harbor Road, be altered aa to the Southerly portion of said highway, and as so altered, defined of record, as follows: The Southwesterly line to begin at a point on the easterly line of New Suffolk Lane, otherwise known as Fifth Street, said point being 108.47 feet northerly along said easterly line of New Suffolk Lane from the northwesterly corner of land of Sarah Acker, and to run from said point of beginning o First Course: S. 82 46' 30a E. - 87.88 feet; thence 0 Second Course: S. 28 1§' 20~ E. - S67.66 feet; thence more or 1ese; more or lees, to the Waters of Cutchogue ~arbor. o Third Course: S. 46 18~ ,30# E. - 660 feet, thence o Fourth Course: S. 67 39~ 10# E. 97 feet, The Northeasterly line to begin at a granite monument set on the easterly line of New Suffolk Lame, other- wise known as Fifth Street, at a poiht lS7.98 feet north- erly along said easterly line of New Suffolk Lane from the northwesterly corner of land of ~arah Acker, and to run from said granite monument o First Course: S. 82 4S' 30# E. - 11~.~5 feet to a granite monument; thence o Second Course: S. 28 151 20# E. - 68S.28 feet to a point formerly marked by a granite monument, now removed; thence o Third Course: S. 46 18t 30# E. (Magnetic 1923) - (Pass- ing through a granite monument about ?4.47 feet from the terminus of this course) a distance of 642.85 feet; thence 0 Fourth Course: S. S? 39' 10' E. 67 feet, more or lees, to the Waters of Cutchogue Harbor. Ail courses along the Northeasterly and Southwesterly lines to be parallel, and said highway to have a uniform w~dth of 49.5 feet through- out its entire length. AND WE DO HEB~Y RELEASE the Town of $outhold, in the. County of Suffolk, and State of New York, and the Town Superintendent of H4ghways of said Town, and all successors or agents, from any and all claims or demands whatsoever, by reason of altering and defining of record, and maintaining the said highway known as ~Old Harbor Road~ as above defined. IN WITNESS WHEREOF, the said Southold Savings Bank has caused its corporate seal to be hereunto affixed, and this instrument to be signed by its duly authorized officer; and the said W. Courtland Case has hereunto subscribed his name and affixed hie seal this 30 day of August , in the year, one thousand nine hundred and forty-four. SOUTHOLD SAVING8 BANi Fre sident W. Oourtland Oase ~ STATE OF NEW ¥ORX I sa.: On this ~O day of ~~-- , in me per $Ohally W. -COURTLAND CASE to me known, and known to me to be f~he person described in, STATE OF NEW YORK COUNTY OF SUFFOLK ~ota~-y Publi~ oun,y o~ '--~_~~ On this 3© of August , in the year, ~pe thousandn~ne hundred and forty-four, before me persona~y oame DANIEL H. HORTON o me per onall ow who lng_by me mw d 0ounty, New York ~ngsh~a~l~ ~ President oorpor.,lon d..orlbed e~eouted, ~he foregoing Xnstru~ent; ~hat he knows the zeal ?rsal? corporation; that the sea/ affixed to Said 1~ ~on_eor~or~t§.seal; ~ha~ i~.vas so affixed by order o~ ~ne ~oarc or~s_or saxu corporation; and that sxgned h is name ~nere~o by like order. he Notary Public _ .~_= ~ounty of Suffolk, New York WHEREAS, as appears from the retorts of this Town of Southold, a public highway, three rods in width, was duly lai~, in the year 1836, at New Suffolk in this Town, from the Post Road, leading through Cutchogue, through the lands then of David Tuthill ~d Sons, and lands of Josiah Albertson, to Cutchogue Harbor, which road has been known for many years as "01d Harbor Road, and WHEREAS, in ~arch of 19~l, pursuant to a resolution, duly adopted by this Town Board on the 21st day of ~arch, 19~l, the Town Superintendent of Highways, of this Town of Southold, duly made an order relating to s~id Old Harbor Road, so as to define an~ locate the bounds of said road, as said original laying out, and subsequent public use, determined said bounds to be, and WHEREAS, one Adela F. Shekter and Harry H. Tuthill, also known as Harrington H. Tuthill, the owners on the East and West, have made conflicting claims to lanas within the bounds of the Southerly portion of said highway, as so recorded, and have instituted actions in the Supreme Court, Suffolk County, in which actions the Town of Southola has been named as a party- defendant, and WHEREAS, after the trial of said actions was commenced on the 16th day of ~ay, 19&A, the said plaintiffs in said pending actions, reached an agreement as to the location of the boundary line between their said lanes, which would resolve all differences between them, and which settlement could be effected, provided the Southerly portion of said Old Harbor Road, which affords immediate access to the Waters of said Cutchogue Harbor, was altered, so as to relocate said portion of said road somewhat Westerly as might result from parallel lines bisecting the Northerly angle of the several triangular pieces, claimed by the respective plaintiffs, in said actions; Fifth Street, at a point 157.98 feet northerly along said easterly line of New Suffolk Lane from the northwesterly corner of land of 8arch Acker, and to run from said granite ~.on~ent o First Oourse= ~. ~ 4~~ ~0~ E. - 11~.~ fee~ ~an~e ~on~en~ ~henoe 0 8eoond Oourse~ ~. ~ 15~ 20" E. - 68~.~8 feet to a polnt fo~erly m~ked by a sran~te mon~ent, now m~ed; ~hence 0 ~rd Co~ee~ 8. 46 18~ 30~ E. (~ne~o l~3)- (passins t~Sh a SPrite ~on~en~ about 74.47 feet fro~ ~e tetanus off ~his course) a distanoe of 642.85 fleet;thence 0 Fourth Course~ 8. 67 39~ 10~ E. 67 feet, ~ore oP less, to the Waters of Cutoho~e ~rbor. ~1 oourses the Northeasterly a~ Bou~hwesterly l~nes ~o be p~lel, and sa~d h~hway to ~ve a unifo~ width of 49.5 fee~ thPou~- out its entire length. WHEREAS, it appears that the public convenience will not be qualified by so sltering or re-locating said portion of said Old Harbor Road; NOW, THEREFOBE, be it and it hereby is duly RESOLVED, that conditioned upon the due execution of an application for such alteration by said plaintiffs, or either of them, and a release of damages, by said plaintiffs, and all persons, or lienors, having any interest in any lands affected thereby, and upon a discontinuance of said pending ~ctions, without costs, that the Town Superintendent of Highways of this Town of Southold, be and he hereby is authorized to alter said Old ~arbor Road, at New Suffolk in this Town of Southold, so that the lines of the last course, effecting access to the Waters of Cutchogue Hsrbor, shall be parallel and bisectors of the Northerly angles of the several triangular parcels, the subject of said pend- ing actions, end which alteration or relocstion shall be as more particularly described, according to the survey of Otto W. Van Tuyl, ~ surveyor of Greenport, N. Y., ss follows:-- The Southwesterly line to begin at a point on the easterly line of New Suffolk Lane, otherwise known as Fifth Street, said point being 108.47 feet northerly along said easterly line of New Suffolk Lane from the northwesterly and to run from said point of corner of land of Sarah Acker, beginning o First Course: S. 82 46' 30" E. - 8?.88 feet; thence o Second Course: S. 28 15' 20# E.-667.66 feet; thence o Third Course: 8. 46 18t 30" E. - 660 feet, more or less; thence o Fourth Course: ~. 67 ~' 10" Eo 97 feet, more or lees, to the laters of Cutchogue Harbor. The Northeasterly line to begin at a granite monument set on the easterly line of Mew Suffolk Lane, otherwise known set on the easterly line of New Suffolk Lane, otherwise known aa Fifth Street, at a point 1§?.98 feet northerly along said easterly line of New ~uffolk Lane from the north- westerly corner of land of ~arah Acker, and to run from said granite monument First Oourss: ~. 82 46' 30" E. feet to a granite monument; Second Course: 5. thence o 28 15' 20" E. feet to removed; - 685.28 a:~ formerly marked by a granite monument, now thence o Third Course: ~. 46 18' 30~ E. (Magnetic 1923)- (?~selng. through a granite monument about 74.4? feet from the terminus of th~s course) a distance of 642.85 feet; thence o Fourth Course: ~. 67 59' 10" E. 6? feet, more or less, to the Waters of Cutchogue Harbor. Ail courses along the Northeasterly and ~outhwesterly lines to be parallel, and said highway to have a uniform width of 49.5 feet through- out its entire length. APPLICATIONS, CONSENTS ALTERIN$ AND AS ALTEBED DEFINING OLD HARBOR ROAD a publ~.e hi~,hway ~.n the Town of ~outhold. Oounl~y of 5uffolk New Yo~'k GEORGE W. PERCY ATTORNEY AND COUNREI.LOR-AT.~.AW SOUTHAMPTON, N. Y.