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Rafferty, Gerald (2)
o��gpfFO(,�-�O Albert J. Krupski, President �� oy Town Hall John Holz iplel, Vice President o= < 53095 Main Road William G. Albertson 0 T P.O. Box 1179 Mai-tin H. Garre❑ y �� Southold, New York 11971 Peter Wenczel �4j # �`�� Telephone (516)765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 9, 1995 Mar aret F. Mc Coy 655 Third Avenue New York, NY 10017 Re: Gerald P. Rafferty SCTM 4104-3-16. 1 Title No. 953-048S Dear, Ms. Mc Coy, This letter is in response to your letter requesting additional inf rmation on the Gerald P. Rafferty matter. In he 1960 ' s Suffolk County dredged a number of creeks in Sou hold Town to provide increased boater access. one of the res lts of this poorly planned venture was to make every channel deal. straight. The problem with a dead straight channel is that it totally disregards the natural flow of ebb of the tide which has kept these waterways open to the bay since the glaciers rec ded. Natural forces begin acting immediately after dredging to recreate the original flow of the tide. In the course of straightening these channels, the old channel bed was frequently filled and a new one created. As 'n any real property, if a change of elevation occurs this does not equal a change in title on the property. Und r the Andros Patent, of 1676, Southold Town owns all and rwater lands within the boundaries of Southold Town. There hava been numerous cases during the dredging of the 160 's that the Southold Town Board of Trustees granted quit claim deeds to adj cent upland owners to provide their continued access to the Towi owned creeks over dredge filled land, land which was Town own d wetlands but filled by the dredge spoil. The a are also areas in the Town that Suffolk County on a pri ate interest filled in Southold Town underwater lands where the Town Trustees still hold undisputed title. 0 • 0 • I believe this to be the case on Little Creek, next to Mr. Raf erty' s property, where the County filled in the original cre k bed. The surveys provided will show the old channel with the new channel superimposed on them. I believe that unless Mr. Rafferty can produce a quit claim or other title transfer from the Southold Town Trustees, than this old channel bed, filled and unfilled still remains the property of Southold Town. If you have any additional questions, please don't hesitate to cali or contact me. Sincerely, 9. g' Albert J. Krupski, Jr. president, Board of Trustees AJK djh Encl. 6 , [bird Avenue Ne" 1'nrk. N1 IW.l _I'_.91v.nlbu • 0 F.i 'I_."n 3.1131i NOV 21w "�1E Commonwealth® TOWN OF SOUTHOLD Land Title Insurance Company November 16, 1994 Board of Town Trustees Town of Southold Town Hall 53 95 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Albert J. Krupski, Jr. Re Gerald P. Rafferty SCTM 1104-3-16. 1 Title No. 953-048S Dear Mr. Krupski: Your letter of October 4, 1994, addressed to Cron & Cron, Esqs. , with regard to the above matter has been referred to my attention. Z have compared the Raffertys' survey to the map which you furnished to Richard Cron, and I am unable from the two maps to determine how you reached the conclusion that the piece of Mr. Ra ferty's property on which he wishes to place the fence was once land under water. I would therefore appreciate your furnishing me with whatever documentation you have to support your position. Th nk you for your assistance. Very truly yours, COMMONWEALTH LAND TITLE INSURANCE COMPANY By: �Zct c c z c mil' Margaret F. McCoy Assistant Vice President and Assistant New York State Claims Counsel MM hs ® Reliance a Reli.n.r Gnnip Hnldin,..Com pam CONINIONWF&I IH LAND TITLE INSLIRAM L CONIP.ANP 177 Old Coun[r)• Roma I Riverhead, NS' 11901-0203 1516-727 7760 I Jax 516J27 8IS Commonwealth November 7, 1996 Town of Southold - Town Attorney' s Office Town Hall - 53095 Main Road - P .O. Box 1179 Southold, New York 11971 Attention: Laury Dowd, Esq. Re : Special Search SS 20 205 96 Rafferty Premises : 9205 Skunk Lane, Cutchogue, N.Y. Dear Ms . Dowd: Pursuant to your request we have prepared a Chain of Title from 1960 to 10/21/ 6 for the above captioned premises . DEEDS : 1 . The Trustees of the Proprietors of Dated: 2/l/68 the Common & Undivided Lands of Rec' d: 2/8/68 the Town of Southold Liber: 6301 page 309 to Frei J. Sprauer 2 . The Board of Trustees of the Dated: 1/15/68 Towa of Southold Rec'd: 2/8/68 to Liber: 6301 page 314 Frei J. Sprauer 3 . The Trustees of the Proprietors of Dated: 5/6/68 the Common & Undivided Lands of Rec' d: 5/10/68 the Town of Southold Liber: 6346 page 193 to Fred J. Sprauer 4 . The Board of Trustees of the Dated: 5/6/68 Towa of Southold Rec' d: 5/10/68 to Liber: 6346 page 196 Frei J. Sprauer 5 . Frei J. Sprauer Dated: 5/2/68 to Rec' d: 5/10/68 Joha Scheel & Liber: 6346 page 186 Pau La Camargo Scheel, ux 6 . Joha Scheel & Dated: 1/30/73 Pau a Camargo Scheel, ux Rec' d: 2/7/73 to Liber: 7340 page 47 Jan t T. Swanson (Con inued) (continued) 7 . Janet T. Swanson Dated: 7/27/89 to Rec' d: 8/22/89 Gerald P. Rafferty & Liber: 10915 page 036 Louise G. Rafferty, ux (copies herein) The search is not intended to be used as due diligence for environmental purposes . No policy of Insurance is to be issued, and the information contained herein is for information only. No liability is assumed by the Company herein. We thank you for this opportunity to be of service to you and look forward to being of service to you in all your further title insurance needs . Very truly yours, COMMONWEALTH LAND TITLE INSURANCE COMPANY CATHARINE KING Title Officer CS019 THIS INDENTURE, made the day of f F,Ra,9K Y 196F, between THE TRUSTEES OF THE PROPRIETORS OF THE COMMON AND UNDIVID LANDS OF THE TOWN OF SOUTHOLD, a corporation organized under the laws of the State of New York, and having its principal place of business in the Town of Southold, Suffolk County, New York, party of the first part, and FRED J. SPRAUER, residing at 35 Dickinson Avenue, East Northport, Suffolk County, New York, party of the second part, WITNESSETH, that the party of the first part in con- sideration of One Dollar, lawful money of the United States, and 1 other valuable consideration paid by the party of the second part, 't does hereby remise, release and quitclaim unto the party of the 4 second part, his heirs, successors and assigns forever ALL of their right, title and interest in and to any and all meadow land owned by them, or in which they claim any interest, near Nassau Point, Cutchogue, Town of Southold, Suffolk County, New York, which lies south of the southerly line of a proposed channel as described in a map entitled "Map Showing Proposed Dredging in Little Creek and Peconic Bay, Town of Southold, Suffolk County , New York, Scale 1" = 200 feet", and approved by Lester M. Albertson, Supervisor, Town of Southold, on September 12, 1966, and filed inthe Office of the Commissioner of Public Works of Suffolk County, New York, and as said map was modified and amended by the terms of a dredging easement executed by Fred Sprauer on July 15, 1967, a copy of same being annexed hereto and made a part hereof. TOGETHER with all right, title and interest of the party of the first part in and to the land lying in the streets y i LEER GEU and roads in front of and adjoining said premises. TOGETHER with the appurtenances and all thei ' rights of the party of the first part in and to said } . TO HAVE AND TO HOLD the premises herein .4-o u— .. the party of the second part, his heirs, successors ;vT-EtrTT-.- forever. The party of the first part covenants that i'�.. . . receive the consideration for this conveyance and will iIt right to receive such consideration as a first for the purpose of paying the cost of the M that it will apply the same first to the payment of the -Y-m- the improvement before using any part of the total of the for any other purpose. UIER�1 �t�l EASEMENT THIS INDENTURE made this 15th day of July, 1967 between Fred Sprauer of Cutchogue, N. Y. party of the first part. and the TOWN OF Southold, party of the second part. W I T N E S S E T H: WHEREAS, the TOWN OF Southold is desirous of having Little Creek situate in the Town of Southold improved through the undertaking of certain dredging operation to be conducted by the COUNTY OF SUFFOLK, and WHEREAS, said improvements to Little Creek would be mutually beneficial to the undersigned, NOW, THEREFORE, in consideration of the premises herein mentioned, the party of the first part does hereby grant unto the party of the second part and the COUNTY OF SUFFOLK, the right, license, easement and privilege to enter upon the premises of the parlay of the first part for the purpose of dredging the channel as shown on a map entitled "Map showing Proposed Dredging in Little Creek & Peconic Bay, Town of Southold. Suffolk County, New York, Scale =1" = 200' ", and approved by Lester M. Albertson Supervisor, Town of Southold, on Sept. 12, 1966 and filed in the Office of the Commissioner of Public Works of Suffolk County, New York, upon the terms and conditions as set forth on the reverse side hereof. IN WITNESS WHEREOF, the party of the first part has set his hand and seal the day and year firstabove written. If s// FredSprauer STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK) On the 15th day of July, 1967, before me came „- FRED SPRAUER to me known to be the individual -M-MART who executed the foregoing instrument, and :1.1MT•1'7iM-iK�•�• that he executed the same. s// Richard J. Cron atctJnV,oOta �0'�pl\Sa;Ull The following are the terms and •[•�rr•iRR! � s,•• this easement is granted, all of which terms and H•Irl41 W, made a part of this Easement Agreement and are VqT4-T7= herein, and which modify and amend the "Map Showing ' Dredging in Little Creek and Peconic Bay”: 1. The southerly line of the proposed yT,{T,:� . described in the "Map Showing Proposed Dredging in M4 and Peconic Bay" shall be moved in a northerly 4F%7:RQi_ tance of 50 feet. At that point the southerly line of =h proposed channel will be distant 425 feet along said 4-ulk: line of Sprauer northerly from the intersection of itT�'• - line of Bay Avenue with the easterly line of said �� said southerly line of the proposed channel, as v7-3 ''�!,; and modified, shall run in a straight line in a rl•)�lr direction to a point on the westerly line of lands of Sprauer distant 650 feet northerly from the 49IT4W westerly line with the northerly line of Bay .7117o-! 2. The Proprietors of the Common and iITi._ . . . _ of the Town of Southold, New York, shall by quitclaim W. executed in form for recording convey all of their 4R_ _ and interest in and to any and all meadow land owned by--- in which they claim any interest thereto lying south of southerly line of the proposed channel as described in paragraph numbered 1. 3. The Board of Trustees of the Town of by quitclaim deed duly executed in form for recording of their right, title and interest in and to any and all ^!mm rights, riparian rights, claims, easements, appurtenances, =i;p any and all lands under water in Little Creek Channel lying -Te of the southerly line -of the proposed channel as described RM above in paragraph numbered- 1. _ I E"ERM01 PA%313 deposed and said they resided in the Town of Southold, aforesaid, and were the Trustees of the Proprietors of the Common and Un- divided Lands of the Town of Southold, the corporation described in and which executed the foregoing instrument; that the said corporation has no corporate seal ; and that they signed their names to the foregoing instrument and affixed their seals thereto) as such Trustees of such corporation by order of the Board of Trustees of said corporation. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed and these presents to be signed by its duly authorized officers the day and year first above written. �6� Harold E. Goldsmith l'N,'r _ (13n A _tE A— fohn Bauer Rosalind C. Newell STATE OF NEW YORK as. : COUNTY OF SUFFOLK On the Ur day of !7-41�7 , 196t; before me personally came HAROLD E. GOLDSMITH, JOHN BAUER and ROSALIND C. NEWELL, all of the Town of Southold, County of Suffolk, State of New York, personally known to me and who being by me severally duly sworn, RECORDED FEB R 1968 - 2 - m/0- 376L• M. NORMAN E. HLIPP Clerk of Suffolk County i ' i+ Rg01 PW3151 ,and roads in front of and adjoining said premises. 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, his heirs, successors and assigns forever. The party of the first part covenants that it will re- ceive the consideration for this conveyance and will hold the I right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that it 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. ►rcRfi301 IPAGETrI THIS INDENTURE, made the 15 day of •11W11 ..�.J HIW JNK�•1•�.JN�dd11.Sf•{�iY•SiL Jf!•ly - between THE BOARD �7�t;rrr�-rn::rs:ua��-•.••�•--•-•---•�-• _tea. ... corporation, and a corporation organized under the laws •� State of New York, and having its principal place of 1M- 1rvc+-- Main Road, •^•;;6!±���3 ��'reertsr�arru� rlae�t37[ part, and FRED J. SPRAUER, residing at 35 Dickinson Avenue, Northport, Suffolk County, New York, party of the second *s'l' WITNESSETH, that the party of the first part R� �� Cr sideration of One Dollar, lawful money of the United iTl% U. other valuable consideration paid by the party of the :f4g-1,t- LL does hereby remise, release and quitclaim unto the ,•rsa�T�:l: second part, his heirs, successors and assigns 447M ATT nF irc rinht hi,-la anti inrPYaCt in A.T.- all water rights, reparian rights, claims, easements, :s;._ ances, and any and all lands under water in Little *P•1 !_ ...-..... near Nassau Point, Cutchogue, Town of Southold, :M;I;r. . New York, which lies so u t h of the southerly line of channel as described in a r-i•��s=rs _ .:- i _ Dredging in Little Creek and Peconic Bay, Town of --Y=_ Suffolk County, New York, Scale 1" = 200 feet", and Lester M. Albertson, Supervisor, Town of Southold, on r�jg 1966, and filed in the Office of the Commissioner of 0.191 of Suffolk County, New York, and as said map was .hf•i�#� amended by the terms of a dredging easement executed MA. ___. Sprauer on July 15, 1967, a copy of same being annexed M- and made a part hereof.. TOGETHER-with all right, title =s',�• party of the first part in and to the land _.-,....... -_ EASEMENT THIS INDENTURE made this 15th day-of •AN"t-i'' between Fred Sprauer of Cutchogue, N. Y. party of the first part, and the TOWN OF Southold, party of the second part, W I T N E S S E T H: 17HEREAS, the TOWN OF Southold is -RFC:•. _. �.._...W Little Creek situate in the Town of Southold improved M-71i_g the undertaking of certain dredging operation to be 4.w-M TT the COU14TY OF SUFFOLK, and WHEREAS, said improvements to Little Creek would T mutually beneficial to the undersigned, NOW, THEREFORE, in consideration of the •�{a � T`!"s. . mentioned, the party of the first part does hereby, the party of the second part and the COUNTY OF SUFFOLK, -ITF license, easement and privilege to enter upon the r1„EyTT � t party of the first part for the purpose of dredgi%g the :•h ,. as shown on a map entitled "Map showing Proposed Dredging R Little Creek & Peconic Bay, Town of Southold, Suffolk oRRR New York, Scale ml" - 200' ", and approved by Lester M. Supervisor, Town of Southold, on Sept. 12, 1966 and filed C the Office of the Commissioner of Public Works of Suffolk i New York, upon the terms and conditions as set forth •huaT reverse side hereof. IN WITNESS WHEREOF, the party of the first •r•:'+", . his hand and seal the day and year firatabove written. (over) s// STATE OF NEW YORK) as. . COUNTY OF SUFFOLK) On the 15th day of July, 1967, before me came FRED SPRAU R to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged to me that he executed the same. s// Richard J. Cron The following are the terms and conditions upon which this easement is granted, all of which terms and conditions are made a part of this Easement Agreement and are incorporated herein, and which modify and amend the "Map Showing Proposed Dredging in Little Creek and Peconic Bay"- 1. The southerly line of the proposed channel as described in the "Map Showing Proposed Dredging in Little Creek mind Peconic Bay" shall be moved inla northerly direction a dis- tance of 50 feet. At that point toe southerly line of said proposed channel will be distant 425 feet along said easterly line of Sprauer northerly from the intersection of the northerly line of Bay Avenue with the easterly line of said Sprauer. The said southerly line of the proposed„ghannel, as herein amended and modified, shall run in a straight line in a northwesterly direction toa point on the w estarly line of lands of said Sprauer distant 650 feet northerly- from the intersection of said westerly line with the northerly line of Bay Avenue. 2. The Proprietors of the Common and Undivided Land of the Town of Southold, New York, shall by quitclaim deed duly executed in form for recording convey all of their right, title and interest in and to any and all meadow land owned by them or in which they claim any interest thereto lying south of the squtherly line of the proposed channel as described hereinabove in paragraph numbered 1. 3. The Board of Trustees of the Town of Southold shall by quitclaim deed duly executed in form for recording convey all of their right, title and interest in and to any and all water rights, riparian rights, claims, easements, appurtenances, and any and all lands under eater in Little Creek Channel lying south of the southerly line of the proposed channel as described herein above in paragraph numbered 1. ��ER�301 P�cr�i8 IN WITNESS WHEREOF, the party of the first •• • caused its corporate seal to be hereunto affixed and presents to be signed by its duly authorized officer and year first above written. V �'_ � eorge Simpson ;,:? .., ,,��,..,.:•`. / •��� �� . it Frank Dawson f I 2 - i L�:R6301 ► a319 i STATE OF NEW YORK ss. : COUNTY OF SUFFOLK 'f r On the day of 196 N before me per- f chE'rT5< l � sonally appeared ALVAH GOLDSMITH, DOUGLAS GEORGE SIMPSON. JOHN MCNULTY and FRANK IIAWSON, to me known. who, being by me duly sworn. did depose and say that each resides in the I Town of Southold. Suffolk County, New York; that they comprise the members of the BOARD OFTRUSTEES OF THE TOWN OF SOUTHOLD. i the municipal corporation described in and which executed the foregoing instrument; that they know 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 TRUSTEES of said j and Corporation, /that they signed their names thereto by like order. Ck I I tlGTaS� � I I I •n . RECORDED FES 8 1969 a 10 . 37a M. ` NORMAN F. KLIPP Clerk of SOON County 3 - 4AFa 6346 PACE 193 THIS INDENTURE. made the i� � day of 1968. t t between THE TRUSTEES OF THE PROPRIETORS OF THE COMMON AND UNDIVIDE LANDS OF THE TOWN OF SOUTHOLD. a corporation organized under the laws of the State of New York. and having its principal place of business in the Town of Southold, Suffolk County, New York. party of the first part, and FRED J. SPRAUER. residing at 35 Dickinson Avenue. East Northport. Suffolk County. New York. party of the second part. WITNESSETH. that the party of the first part in con- sideration of One Dollar. law ful money of the United States, and other valuable consideration paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, his heirs. successors and assigns forever ALL of their right. title and interest in and to any and all meadow land owned bs them. or in t,hich they- claim anc County, New York, in the following described parcel of land: ALL that certain plot, piece or parcel of land situate, lying and being near Nassau Point. at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a concrete monument in the northerly line of Bay Avenue, where the division line of the p em- ises being described and the land of Standley intersects the north erly line of Bay Avenue; running thence along said division line North 40 07' 00" West through two concrete monuments 680.36 feet h.... ..-�a.w rJ'�H,�.+iglwOM•lR..��RRrt„ �.w..w. �.. .. n.n...�.n tin:46346 P.u:194 to the southerly line of a dredLled channel of 41 c amn nn,a nrictc• rn m�i nrt Yh nnrn alnnm rhn cam said dredged channel as the same now exists 1) South East 303. 52 feet; 2) South 73' 09' 50" East 300 in said southerly line of said dredged channel A=19- inter sected by a tie line; running thence along -*1 through and along the ordinary high water mark *-:W, South 5" 18 ' 40" West 441.23 feet to the .:.)aaQ Avenue; running thence along thesaid northerly l South 87' 01' 20" West 473.43 feet to the a�.►.up�3ee•_ _--..._ or place of beginning. TOGETHER with all right, title and XvITi-%r4: party of the first part in and to the °MMMM L'�- and roads in front of and adjoining said 1; TOGETHER with the appurtenances •� rights of the party of the first part in TO HAVE AND TO HOLD the .�.raerRT ■T77S1 the party of the second part. his heirs, yu.r•raw.vcs:r__ forever. This deed is given for the .oMg2jdE ice:_ - _ description in the deed to Fred J. Sprauer from 'f the Proprietors of the Common and Undivided IMP Southold dated February 1, 1968 , recorded aras79IFL• _ Liber 6301, page 309. -,J IN WITNESS WHEREOF, the party of the • _ _ caused its corporate seal to be hereunto affixed .ar. 2 - l�9ER 6346 PACE 195 presents to be signed by its duly avthor,-zed officers the day and year first above written. Zit Harold E. Goldsmith Johri Bauer 1 f J Rosalind C. Newell STATE OF NEW YORK ss. : COUNTY OF SUFFOLK On the tf� day of Ap=Lt, 1968. before me personally came HAROLD E. GOLDSMITH. JOHN BAUER and ROSALIND C. NEWELL. all of the Town of Southold. County of Suffolk, State of New York, per- sonally known to me and who being by me severally duly sworn. deposed and said they resided in the Town of Southold, aforesaid. and were the Trustees of the Proprietors of the Common and Undi- vided Lands of the Torrm of Southold, the corporation described in and which executed the foregoi.nn instrument; that the said cor- poration has no corporate seal; and that they signed their names to the foregoing instrument and affixed their seals thereto as such Trustees of such corporation by order of the Board of Trustees of said corporation. MARION A RL';LNI (� NOTARY PUBLIC. Sieve of New York No. 523Z33120 Suff0k Countyy reffn E>fpuek &%rch 30, 19214 RE�DRo �o� MAY 10 19M NORMAN E. KLIPP Dft a SutfWA CW1* - 3 - i IAFR 6346 PAGE 196 THIS INDENTURE, made the l ' r'-day of Zpsa—' between THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, corporation, and a corporation organized 1191MM31-MMzET'"M - State of New York, and having its principal place of 7 Plain Road, Southold, Suffolk County, New York, party *j part, and FRED J. SPRAUER, residing at 35 Dickinson :' Northport, Suffolk County, New York, .-s4=1-3�T�77. --.. WITNESSETH, that the party of the first ,ntaMC sideration of One Dollar, lawful pr other valuable consideration paid by the party of the y= part, does hereby remise, release and quitclaim unto a; of the second part, his heirs, successors and assigns ALL of its right, title and interest in -iplr- all water rights, riparian rights, claims, =rtitanra;r nances, and any and all lands under water in RMI near Nassau Point, Cutchogue, Town of Southold, IT New York, in the following described parcel of FTi ALL that certain plot, piece or paw•r=MNre-_- lying and being near Nassau Point at Peconic, Southold, County of Suffolk and State of New described as follows: BEGINNING at a point marked by a .rw; the northerly line of Bay Avenue, where the :N _ . . . ..— . ... premises being described and the land of Standley WMIM r northerly line of Bay Avenue; running thence along said • line North 4° 07' 00" West through two concrete woomiacuVP JIBER6346 PAcE197. feet to the southerly line of a dredged channel of Little Creek as the same now exists; running thence along the said southerly line of said dredged channel as the same now exists 1) South 65� 06' 40" East 303. 52 feet; 2) South 730 09' 50" East 300 feet to a point in said southerly line of said dredged channel where same is intersected by a tie line; running thence along said tie line through and along the ordinary hi,,h water mark of Hog Neck Bav South 5° 18, 40" West 441.23 feet to the northerly line of Bay Avenue; running thence along the said northerly line of Bay Avenue South 87' 01' 20" West 473.43 feet to the monument at the point or place of beginning. TOGETHER with all right, title and interest of the party of the first part in and to the land lving in the streets and roads in front of and adjoining said premises. 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, his heirs, successors and assigns forever. ' This deed is given for the purpose of correcting the description in the deed to Fred J. Sprauer from the Board of Trustees of the Town of Southold dated January 15, 1968, recorded February 8. 1968. in Liber 6301, page 314. J/ IN WITNESS WHEREOF. the party of the first part has caused its corporate seal to be hereunto affixed and these 2 - :N,R 6346 PA0 98 presents to be signed by its duly -tit and year first above written. AlvahsGoldsmith y ` MM ;I ' •' �John McNulty Frank • e STATE OF NEW YORK COUNTY OF SUFFOLK ss. : A ,, OAT the o day of , 1968, before me •• 104. GOLDSMITH, DOUGLAS ROBERTSON, GEORGE SIMPSON, and FRANK DAWSON, to me known, who, being by me duly depose and say that each resides in the ' • County, New York; that they comprise" tie . • TRUSTEES OF THE TOWN OF SOUTHOLD, the im , •'.: • .• scribed in and which executed the foregoing know LhP sPal of said corporation instriunent is such corporate seal; that it was so ill order of the BOARD OF. TRUSTEES of said signed their names thereto by like order. MANION A RL66flf NOTARY YUU:IC. >Ipla of flea Nn 5' i[f Il:l SOlulk , Tel LaPJ•_ 41.nn !U, lY i�-tillIif,��) MAY 10 NORMAN - 3 6Ndt � ?TIt"Izv ...4 I........ . .. ....... ............. [I�• ��/�•� COONSULLTT VOUR LAWVIR I rou SIGNING 0I;IF1CNf 19�.IL:Y8i'INI'F5Y PI'L{'If{'L•Pltd lIDS1!•1 IIr\"ttlli•1'H IS INDEN-WRE made tha'•.,r(" day of May uiuetc.hundred mod Sixty h {y BETWEEN FRED J. SPRAUER, residing at 35 Dickinson Avenue, AFT=!!;L•1+i,{ " 13 ; New York, '- party of the first part,and JOHN SCHEEL and PAULA CAMARGO SCHEEL, at 37 East 64th Street, New York, New York, party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten (V5011F818) lawful money of the United States, and other good and valuable a•ttt--1`'�•<' S? •• by the party of the second part,does hereby grant and release unto the party of successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with )R•V.•"•ii'nlll" RMUW ^'-�t ??*�'— - .. lying and beingmcthtt near Nassau Point at Peconic, in the Town of -M* •,a�. .etes_ _�3ar_Bealtal.��T_SSt!T_R_•�7T_�sRTSS County of .yfi#��,�rrt•ara•rvs-a-i,lcea:a>rr_.�.�.._.•..._.,__-... _ as follows: BEGINNING at a point marked by a concrete monument in aiT line of Bay Avenue, where the division line of the described and the land of Standley intersects the ,`f•T•i={��,•,. Bay Avenue; RUNNING THENCE along said division line North 40 07' 00" "MM through two concrete monuments 680.36 feet to the Southerly -Fri of a dredged channel of Little Creek as the same now exists; RUNNING THENCE along the said Southerly line of said dredged channel as the same now exists. 1) South 65' 06' 40" *- ---MErioN. feet; 2) South 73` 09' 50" East 300 feet to a point in said -, line of said dredged channel where the same is intersected by tie line; RUNNING THENCE along said tie line through and along the high water mark of Hog Neck Bay South 5° 18' 40" West -►M to the northerly line of Bay Avenue; RUNNING THENCE along the said Northerly line of Bay 4 rS,T1 87" 01' 20" West 473.43 feet to the monument at the point of BEGINNING. mnrnmrrc•n ; a-L. -,ll l-Y.n ..h�- +itln anri into.-c of nF +hu -a_ and to 'land below high water mark and under the waters of Bay, dredged channel and Little Creek adjacent thereto. LUMSULT YOUR L.LWY1R11RORR SIOIIIMi YNIS IM97RUMENT-TMIS INSTRUMIM 111OULO 11 U511 BY LAWY1114MLY -- -- tioth 7340 Itr.: 47 i THIS INDENTURE,wuh,if,c '.I dav'd •7 ,nmrp'rn h'In....m.l and .. . -':'c•:r RF1'LYEEN ' r ;iF(! Of M llr- ([r.N 4lV YORM " party of the tinl part,and M I `y IW ItY f,f the Sefond part, WfTNESSE:Tll,lhal the pang;.f thr firxtearl.mnuls:drracinn of ______________I 1.,1-(o11l1ney of the Lip iled Slalrs, yoi_ Ot.l",C:' r „ Lo.11 n:asCa i'G[IV 1 de L'aI IJr: pa1,1 be the party of the second pare,dpcj,hereby grant and rdcau untu the part-of the veond part,the helev or vrassurs and assigns of the part of the srnn.d part forcmr, ALL that eertnin plot,piece or pared of land, with the bndding; and improvea:ents thereon erected, sit"te, 1,log au•I being KYPhii e'. i- ,.....I _ . _ .,.. o` .,.:fr o:.k, ';tw4e .,.,.. .. ....� . [� 1-'.� :.. - . _ .:.o ' .. . .iv:ti::, .:rlh i �I' _ ,. , .. Y,_, .. o .. I• : . a:n•1;a.,•u'. ' t.ite:c:,. .:.ill Ncr:.r. fey :rsr T1 .c••'t:nerly ;4<,.'J.: Yrt'. ;r t ; 1.1.• : ,v'.h11? !�v _idc of a Dredged :.it s,:.ne.i � ' . � ,�. : ;._ ':�: • , : , .,. .-. .: � .,... L;r Ke:3 Cl 'u:nel . !, _... :.o tf •li c',,. 1-r , ,rV. - . , _, t:,r„ 1'u; el:err: alone; the i--f:h ral.c . TI:, , . .. ;t:'rt F.csri•.e South- ' ,_ 'x'.::-,l , . �.. .::•te ewe to _ i ur.: of iO;L,aj I:, , a...n,' , . ,, . :uLiOwing three (3) i! OOlIr rr Dad ,31;1.1?rr e. "L... .. . . . _ . -cane; (- ) South i82ti C. :'V... ,� . ,.. : h'1' r, � 'de.st. 1°9.9%, I1., r:ot La 1'1_i s1de 10 i:i a ' ri i a I I �F 1a .1 STATE Of wIw TORL COuIITY Of :Illf'tll.l< Sh 9TAT3 Of "WIN YO ill. COUNTY Of 391 n the �iI L .t., Inl, ;J „.) .of',mr I I!u the ,rl i'1 iK( re :++e l arrd I idr:.a ,Ir r l lI L I I � tl1 (A! LIARha A 0,NFSI 'AIi SRA C IIONCk 11II flotnrr putm Soto nl Nnw Yn,k Nn Sl Ii10 tO p) Our:Par.S.dLrtr .ny r, n � � nq fAmmr�emn I"�' r 19B'1 t 3 TTATE Of NEW YORE. COUNTY OF 33; STATI Of HIM YOM t IUNTY Of ss. 14r .1 ..1 1'' tx inn ntT ILr the r : +.r a:. L•i,.un �•L••, I�,•:g L, nl ,Ells Sumn,,L.I Jrp:..r and thr .uLs(l iimtp w❑nr. b: the Isar g.nng Ir.+:nne,l:l ss rtL • I �,•�•_• l .'•, wh..m I am ycncnall, auprai nt:.d, uhc. Ixrinl Iq mr liuh� ,Ld dclIrs..an,l that h, rev it s a h, I. ovl lIm IIr Jrstr;hrd I II rar% in.tr nII II , Iha1 Lc qi Lo u:r maps i.lr.al roll rminn. that h, «al nfli%rd ,hrn{Ln1 q+ w,r:l xilJ rxr,Nnl Il:r i:.:,G n :nlII: II Innnll; .u11 , re —Ill Ilk 111 rm p.telc •..al, 1"lk, Itwas sr that hr, .n ld AULxnhnrG wo rase. na. prrsrnt eud .. IM,r1 Lr lain .•f for Ix,., d d ceHns p( .a cprpunr ummtc till same;alul tl+at h, sald x'iine.a, L. t r.rn. and Ilm' .ram eip+tJ h n+me shaslo Ly LL< unlrr. a tht Same un:r stt Lscrih,d h "al, a: wnn... th,,.,, 6' �ar��nin un2t f�utc $�rrd aL�� ,00� \F'nN C.n,. .1 Arrk.11/1 (Ie '+I'll'1 4cu 1c. SECTION /r`Y 0 I No .IANIJ 1. Sir A I 1SU11 LOT ID; i_ - 00, Y3/ _ t,OUNT3'OR ;OWN SV is nl.l" I:I'k Al D P. !:A1 1 HZ.Y ,nul RrceNPd n R.runl N (!l'I SF. G. I:AI I'L'.I'.I�Y , till 4I.0 9111� INaVitANCE GOMt'ANY Y,IYIIANr Im:UJIYt x Y9Pr•(i+,:�l 111:,ukti1NF4:+(NY ) u. Rr:,n,Lr will t , ,. 401111CA190-vx'Irl6z 1 + %w n' . C�tNirr.(t r3v. anrtAfvaawx3c3e ca33e�leFasluv ,r Zip No I s 0 u z i ^t• � P r'T Lr 01 X n y7w.rrer �t a l i i s : MIA, SUPERVISOR TRUSTEES ����. OG^ John N1. Bredeme^er, 111, President ? y� SCOTT L. HARRiS Albert J. Krupski, Jr., Vice President y Henn P. Smith ,. T, Town Hall John B. Tuthill y ��.J 53095 Main Road Wiloiam G. Albertson �3d YY P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-IS23 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 18 , 1992 (I Pa ricia J. Woll eber. 16�0 Sterling Road P.�. Box 307 Cu chogue, NY 11933 Red Riparian Rights Dear Ms. Wolleben confirming our conversation in the office of the Town Trustees onlAugust 3 , 1992 in the afternoon_: Th right of you, your progeny or anyone for that matter to move al ng the foreshore freely below the mean high water line _ge-1 and lawful activities In said area, is kn wn as a riparian right. There rights extend to all residents of t::e Town moving -below mean high Water, a veritable ri ht-of-Wray to freely navigate the area by foot, beat or any la ful manner. For those waters fronting Peconic Bay a similar right exists for all residents of the State who wish to move on foot below mean high water. Alghough this office can not speak for New Fork State, for those wa ers and underwater lards under our direct control ( ie the creks ) a person would of necessity have had to secure un erwater riparian rights pre-dating the Andros Patent of 16 6 or a deed from the Town Trustees subsequent to that date for them to assert a right contrary to this common. law heritage welall share . Kildly use this letter in any positive/friendly forum to educate ot, ers as to your (our) common rights. A cord of caution is that it is often prudent to exercise ones ri arian rights in a peaceful and directed manner. Absent your ch ldren directly engaging in discernible recreational ac ivities or traveling from point "a" to point "b" they should not; "dawdle" in front of the property of a potentially hostile per)scn( s ) . If this office can be of further assistance in this matter, please do not hesitate to call. Sincerely, Jo M. Bredemeyer, III President, Board of Trustees JiKB:ijd cc: Town Attorney �gOFF0J/(e )ert J. Krupski, President O Town Hall t Holzapfel, Vice President y`„ 53095 Main Road William G. Albertson H x 4 P.O. Box 1179 Martin H. Garrell tl O `y Southold. New York 11971 Peter Wenzel 'y�ol �a0� Telephone (5l6) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 10, 1994 Cr n and Cron P. . Box 953 Cu chogue, NY 11935 REI: Gerald P. Rafferty SCTM #1000-104-3-16 Dear Mr. Cron: Th Southold Town Board of Trustees find that the fence it egally erected on the above referenced parcel will require an ap lication for a wetland permit under the standards set forth in Chapter 97 of the Town Code. We will review this project upon receipt of a complete ap lication. You will find an application enclosed. Th�nk you for your cooperation in this matter. Si cerel(y,,, Al ert J. Krupski �• Pr sident, Board of Trustees AJ : jmd cc� Gerald Rafferty Bldg. Dept. Albert J. Krupski, PresidentOG Town Hall John Holzapfel, Vice President = yt„ 53095 Main Road William G. Albertson y x P.O. Box 1179 Martin H. Garrell O A� Southold, New York 11971 Peter Wenzel �0• �a0 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 4 , 1994 Cro' & Cron Esgs . P.O Box 953 Cut�hogue NY 11935 Re: , Gerald P. Rafferty SCTM #104-3-16. 1 Dear Mr. Cron, Ater reviewing the application of Mr. Rafferty, SCTM #10�1-3-16. 1, the Southold Town Board of Trustees believe that the, applicants proposal is located on Trustee Patent lands. I h ve enclosed a copy of a survey that shows the original configuration of the channel. By ,Virtue of the Andros Patent, the creek bottom is owned by thelSouthold Town Trustees and not by any private individual. This includes former underwater lands that were filled in by County dredging operations. Anyllclaims to such Patent Lands would need clear title that predates the Andros Patent of 1676 to be valid. If ou have any questions, please feel free to contact me or the Tow Attorney. Sincerely, a,44-i 9. /44.70a� �• Alb rt J. Krupski, Jr. Pre ident, Board of Trustees AJK/djh �gUFFOLKC ELIZABETH A. NEI]LLE �� �G� 'Down Hall, 63095 Main Road TOWN CLERK �f p " P.O. Box 1179 i N 2 I doutlkold, New York 11971 REGISTRAR OF VITAL STATISTICS G1 p ® y Fax (516) 765-1823 MARRIAGE OFFICER � y,I �� r Telephone (5161 '165-1800 RECORDS MANAGEMENT OFFICER FREED,-d.f i_ip' INFCi P.i.1AT V,,4 OFFIC'EP. OFFICE OF THE TOWN CLERK TOWN OF S01ITHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS : Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy vrill be returnecl to ou In response to your request, or as an interim response. --------------- SECTION 1. T (Department qrYtticer, if known, that has the information you are requesting. ) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information. ) FtI > � Si§nature of Applicant: Pr Inted Name: F)'6 l 4/1 l L ' ( e / Address: ' ) cf-. / �— MaIling Address (if different from above) : Telephone Number: Z�-/N — S 5 Date: I — / 1 [ , ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* RECEIVED '�..141W 6 2:�P JAN 1 3 2003 Ellz�beth A, Neville Date Freedom of Information Officer Southold Town Clerk * If delayed or denied see reverse side for explanation. NOTICE Police Dept . - Bay Constable Town of Southold (. � - Peconic, Now York 11958 NOTICE OF VIOLATION SEP� 3, 1993. Date : ------ -—----- -- ---- r GERALD RAFFERTY To: -------- ----------------------------------------------------------- (Owner or authorized agent of owner) 9205 SKUNK LAM, CUTCHOGUE. Address : - --, --------7----------------------------------------------- tAddre_ss of owner or luthorizcd agent of owner) Please take notice there exisLS a violation of the Code of the II 97-20 Town of Southold, Chapter 97 Article---- ------- Section---- ------- q'HAT A FENCE HAS BEEN PLACED at premises hereinafter described in Lhat----------------------------- WITITIN 75 ' OF A TIDAL WETLAND WITHOUT A VALID TRUSTEE"S PER:4IT ------- ----------------------------------------------------------- _- ---+--------------------------------------------------------------- Yow are therefore directed and otch?rc.J to copply with the APPLY TO THE HOARD OF 'rRUS'rb:ES FOR A PERMIT TO LEAVE Fo11oL�it�g :-------------------------- --- --------------------------------- - THB-FEN 'E AS PLACED OP RMOVE AS PEE TUIR DT7tECT10N. --------------------------------------------------------------- -------I----------------.---------`-------------------------------- ----- ----".. ----------------------------------------------------- -- -' nn ar bFb[r,rc --------=Yauav of _______OCT The premises to which this Notice of Violation refers are situated at : )250 SkUM LAN6_CUTCHOGUE --- _ ------- ____Down nr Southold, Suffolk County, 14'. y . (Suff . County i'a:: i;ap Designation : Dist .` S,ection Block: ----C/ff_Lot : --F [t -t Failure Tito comply with the applicable provisions of the law may constitute an offense punishLjbie by fine or in'prlson�nent or both_ NOTICE : 'You have the right to apply for a hearing before the Board of Ti:ustices of the Town of Southoll , provided that you file a written request ,with the Clerk of the Trustees within 10 days after service of the Notiice of Violation. Such request shall have annexed thereto a copy of Ithe Notice of Violation upon whjc)z a Hearing is requested and shall sett forth the reasons why such Cr6tice of violati should be modi-fiedi or rescinded.. ay Constable, Tow f Southold, NY O��gpFFO(Ir Albert J. Krupski, President may, Gy Town Hall John Holzapfel, Vice President o 53095 Main Road ,,Tim King `n Z P.O. Box 1179 Martin H. Garrell Gy �'F Southold, New York 11971 Peter Wenczel ��j # ��O Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 7, 1997 Ger 1d Rafferty 920 Skunk Lane Cut hogue, NY 11935 RE: , SCTM 104-3-16. 1 Dear Mr . Rafferty: T* Board asks that you meet with them on Wed. , January 22, 1997 at 2 : 30 in the conference room to discuss the situation at the abo a referenced property. Please contact the office to confirm this appointment. Thank you. Sin erely, � �r Al rt J. Krupski, Jr. Boa d of Trustees AJK 7md cc: Town Attorney JEAN W. COCHRAN Super i,or LAURY L. DOWD �� ?; Town Hall. 53095 Main Road TOWN ATTORNEY y T ' P.O Roc 1179 W Southold, Ne%k York 11951 Telephone (516, 765-1,M9 Fac 5L6) 765-1823 OFFICE. OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM 0 TO: AI Krupski, Jr., Trustees NOV 19iJ�(6 D� FROM: Laury L. Dowd, Town Attorney DATE: November 19, 1996 S��THOLD RE: Rafferty Here is the title search, which I believe shows that both the Trustees and the Commoners deeded their property south of the dredged channel. Rafferty owns halfway into the old channel, but does not own lands north of the southerly channel line or the high water mark of Hog Neck Bay. Let's meet to discuss. I have enclosed the bill of $100 for the search for your Department to pay as we agreed. i Albert J. Krupski. President C�Gy Town Hall John Holzapfel, Vice President o= -4 53095 Main Road Jim King y r? „ P.O. Box 1179 Marlin H. Garreli y � r7 Southold. New York 11971 Peer Wenczel 41091 # �a�ti Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD D Chief Conwav FRO)}f: Al Krupski , President Board of Trustees RE: Gerald Rafferty Property 9205 Skunk Lane, Cutchogue DATE: August 23, 1996 Please note that the Board is working on the situation at the above reference property. We will keep in touch with you as things progress. If you wish to look at the file, please do so. ���FFOL�co C Town Hall. 58095 Main Road Telephone P.O. Box 1179 (516) 765-1801 .f/io� ��0� Southold, New York 11971 SOUTHOLD TOWN D �� . CONSERVATION ADVISORY COUNCIL 2 3 TO: Southold Town Board of Trustees ---TOWN OF SOUTHC' FROM: Southold Town Conservation Advisory Council DATED : September 22, 1994 RE: Recommendations A meeting of the Southold Town Conservation Advisory Council was held Thursday, September 22, 1994 at 4:00 P.M. Present were CAC members S�ephen Angell, Robert Keith, Jack Hagerty, Patricia Isaksen, Allan Connell and Betty Wells. The following recommendations were made: DISCUSSION AND RECOMMENDATION OF WETLAND APPLICATIONS N . 1183 M ved by Robert Keith, seconded by Stephen Angell, it was R SOLVED to recommend to the Southold Town Board of Trustees APPROVAL W TH CONDITIONS of the Wetland Application of MATTI TUC K-SALTAIRE A SOC. INC. 94-1-5 to replace existing stairs to beach (top flight only) after storm damage by erosion, 40' x 4' . Repair balance of stairs to beach in kind a7�d in place being careful of existing growth on hillside, with a 6' x 4' pllatform at top of stairs. Council recommends approval provided the stairs are 4' above ground level a d the area beneath is planted with beach grass. Also, the dumping of vegetative debris over the edge of the bluff should stop. The debris is smothering the vegetation on the bluff. 1 30 Saltaire Way, Mattituck Zo of Council : Ayes: All ion carried. N . 1184 M ved by Stephen Angell, seconded by Patricia Isaksen, it was R SOLVED to recommend to the Southold Town Board of Trustees D SAPPROVAL of the Wetland Application of GERALD P. RAFFERTY 1 4-3-16.1 to erect a snow fence 30' in length as shown on survey and post signs . • Meeting of 9/22/94 0 • The Council recommends disapproval of the snow fence because no need is shown. The Council does recommend the Board of Trustees allow the applicant to post a sign. 9265 Skunk Lane, Cutchogue Vote of Council : Ayes: All Motion carried. No. 1185 Mo�y Stephen Angell, seconded by Allan Connell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH STIPULATIONS of the Wetland Application of BETH BLEVINS 104-5-23 to relocate existing house to parallel property lines, 24 x 24 garage on east si e, 12 x 33 deck on west side. Enlarge existing second floor, enclose ex sting screened porch, full concrete foundation below raised house (e cavation only for footings, area inside foundation to be a crawl space above gr de) . Existing cesspool on west side to remain. The Council recommends approval provided the following stipulations are followed: 1 Move the cesspools to the front yard near test hole No. 2, as far away from the wetlands as possible. 2. Restore natural vegetative buffer. NOTE: Violation - land clearing should be stopped immediately! Northwest corner of Haywaters Drive and Mason Drive, Cutchogue Vote of Council : Ayes: All Motion carried. No. 1186 Moved by Allan Connell, seconded by Stephen Angell, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH CONDITIONS of the Wetland Application of THOMAS BOYLE 59-1-7 to construct 170 +/- I .f. of stone revetment and backfill with 2500 +/- c.y. of clean sand to be trucked in form an upland source. Purpose of structure is to prevent further erosion to property and concrete wall which is collapsing. Letter of Non-Jurisdiction requested for construction of one-family dwelling, sa itary system, driveway, as shown on submitted site plan. The Council recommends approval provided the property owner maintain 50' eat of his revetment (equal to the 50' currently eroded on east side of 07 ner's property) . This will protect his property from northeast storms and will avoid damage to the Southold Town Beach. The Council recommends disapproval of the request for a Letter of N n-Jursidiction for the single family dwelling. Project needs to go through tha application process. L eton Drive, Southold Vote of Council : Ayes: All Motion carried. N . 1187 M ved by Allan Connell, seconded by Jack Hagerty, it was RESOLVED to recommend to the Southold Town Board of Trustees D SAPPROVAL of the Wetland Application of EDCAR DEBANY 88-5-58 to construct 100 I .f. of timber retaining wall in line with and attached to a jacent wall to west. A 12' return will be constructed on east side. Eroded b nk up to 12' landward of proposed wall location will be regraded and 75 c.y. Page 2 TRUSTEES �,. SUPERVISOR John M. Bredemeeer, Ill, President f SCOTT L. HARMS Albert J. Krupski, Jr., Vice President Henry P. Smith " 1. Town Hall John B. Tuthill '' ' 53095 Main Road William G. Albertson �� P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only: DATE REC. : Coastal Erosion Permit Application Coastal Erosion Variance Application r2. r gwetland Permit Application , waiver from Chapter 97 (Application/per I Trustee Lands Permit Application Grandfather Permit Application ' Completed Apps . Dates -/E• f'y ) Inspection date: _ I �. AC comments-Date: SentRec.a_3 t4 Variance Required: (YIN) Neighbors notified-Date: SEQRA Type Q Q Cooed. : Date sent S ZY EQRA Determin. /date: 4-,-Y > Y s Public Hearing/date: i0 ,t7 9Y Findings : Approved (YIN) Special Conditions: ( P/N) ( see file) Permit( s) issued-date: Application Number;SCTM#1000- 104-03-016 .001 Dat�94 Applicant : Gerald P. Rafferty Address: _ c/o Cron and Cron, Esgs. ,P.O.Box 953, Cutchoaue,N.Y. 11935 Phone (516 ) 734-5100 Interest: (owner, consultant, lessee,etc. ) Owner Owner of Property: Gerald P. and Louise Rafferty Address 9205 Skunk Lane, Cutchoolue, N.Y. 11935 Phone (516 ) 734-7110 Suibject Property Location: Same as above address ( Provide LILCO Pole #, Distance to cross Streets if not on lopation map) THIS IS NOT A PERMIT Page 1 ?ds. to be excavated: to/A Yds . to be Eilled: Manner in which material will be removed or deposited: N/A 300+ ' Bay Front Width of canal creek or bayfronting g property: 1271 ' nra.lgar7 rnannel Depth at low tide: 8 ' t Aver. rise in tide: DK Distance to nearest channel: R.,, ors p,.p Distance project e;ctends beyond similar projects in area: N/A Akea zoning: Resid. Land area in acres: 3. 1063 Is project for private or business use: Private Intended use of property: Re�id�ntial Describe known prior operations conducted on premises : Suffolk County permitted to place pipes to dredge channel Has any prior license or permit been issued to erect structures, d#edge, or deposit fill on said premises: Same as above Has any license or permit ever been revoked or suspended by a Governmental Agency: DK Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures ( i.e. , pipeline and septic system; make additional attachments if necessary) . Wrest snow fence 30 ' in length as shown on survey I-- Pc,,( i iAl6 r VS THIS IS NOT A PERMIT Page 2 County of Suffolk ) Stage of New York ) raralrl P_ Rafferty1 BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/ IS THE APPLICANT FOR THE ABOVE DESCRIBED PIERMIT( S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HNRIIILESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING DER OR BY VIRTUE OF SAID PERMIT( S) , IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT( s) OR REPRESENTATIVE( s) , TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SIGNATUR SWORN TO BEFORE ME THIS DAY OF J , 19 ' NOTARY PUBLI RICHARD J.CRON watery Public,State of New Ymk 12 CkubbfW In Suffolk B Cou` CO"Ininlon F.gMree March 90, 19 . Suggested space for location Map THIS IS NOT A PERMIT -S �.�. �....... ten... .�... �.. , ..��. . -.n 4 - •: � ram. - pp OlD CHANNEL 1 e P / 50 b = W - 9.•. AREA 3.t063 ACren 8 ILL W Z °1 I 6 �.. , .• z -L' a SURVEY Of PROPERTY - I s.eT-ot'z o'w. AT 25.00 BAY AVENUE PECONIC . TOWN OF SOUTHOLD _ - SUFFOLK COUNTY , N.Y. SCALE I'I 5C• . _.L. �"e�'•' MAY 24, 19e9 LIC ETOn3, LC_ •0.e0% 909 r . NOTICE D 0 j Police Dept. - Bay Constable Town of Southold _ 8 Peconic, N,2w York 11958 NOTICE OF VIOLATION TOWN OF SOUTHOLD T Date : ------ ------- --- 19--_-- To: -------------------------------------------------------- (Owner or authorized agent of owner) Addrss: -------------------------------------------------------------- iAddress or owner or authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article------------ Section-------------- at premises hereinafter described in that----------------------------- -------------------------------------------------------------------------- ----4----------------------------------- ------------------------------- You are therefore directed and ordered to comply with the follwing:-------------------------- --- --------------------------------- ---- ------------------------------------------------------------------ ------------------------------------------------------------------------- ----- -------------------------------------------------------------------- ---- --------- ------------------------------------------------ on or before -----------dati of ---------------- , 19------- The premises to which this Notice of Violation refers are situated at : _ _ _ ________________._______________rown of Southold, Suffolk County, N. � - (Surf . Count_: TZ:; r1ap DesiSnation: D-st. Section: ----L0 4----Block: --a----Lot : -lam=---) Fail re to comply with the applicable provi.; ions of the law may constitute an offense punishable by fine or imprisonpent or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and shall set forth the reasons why such ice of vio tion should be modified or rescinded: / Bay Constable own of Southold, NY 1!"ty.4.2'97'—T„v1 12 F�7 BEA �17.21 SSEOi Appendix C State Environmental Ouality Review ` SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR PROJECT NAME Same J. PROJECT LOCATION: Municipality Cutchogue County Suffolk J. PRECISE LOCATION (Street address and road intersections, prominent landmarks, e(c., or provide map) - 9205 Skunk Lane, Cutchogue,N.Y.11935 785 ' from intersection of Pine Tree Road and Skunk Lane„ formerly Bay Avenue 5. IS PROPOSED ACTION: ®New ❑Exoanswn ❑Moddicabon/alteration 6. DESCRIBE PROJECT BRIEFLY: - �' Erect snow fence 30 ' in length as shown on survey-!-- ii cS i,UF S Y6.rroS a 7. AMOUNT OF LAND AFFECTED: lmlianY 30 ' X 3" acres Ultimately 30 'X 3" acres 8. WILL PROPOSEIDI�A. CTIGN CO..MPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? M Yes LJ No It No,describe briefly 9, WHAT IS PRESENT LAND U9E IN VICINITY OF PROJECT' �Pesidential ❑'nowlnal ❑Commercial ❑Agriculture 0Fa,K1Foresf+0pen space ❑Olner Desuwe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE GR LOCAL)? Yes ❑No If yes. list agency(s)and Permit/approvals Building Dept. " DEC _ 1t. DOES ANY A�SJPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El Yes Lnrlo If yes, list agency name and permit/approval 12. AFFSS'77A RESULT OFF PROPOSED ACTION WILL LXISTING PERMI r+APPROVAL REQUIRE MODIFICATION? C1 Yes Uno I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE \ Applicant/sponsor name: Gerald P. Rafferty Dale: r. \I Q If the action is in the Coastal Area, and you are a state agency, completo the Coastal Assessmen! form before proceeding With this assessment OVER Per C. SCKEEVER `�yUy� Commonwealth Apphcant \\ I Altornay to,B ye,Borrower �AIANIONWI %t I I.A\ D h t t.l. INsu R:w( I. Cunt PAN) Town of Suthold - Town Attorneys Office ' I` Ul;i Cnunur Hold Rirrrhead, NY U90I-020iI ,; „ ,t Town Hall- 53095 Main Road - P.O. Box 1179 ,)c I I<L til , , Southold, New York 11971 Att: La Dowd, Esq. (516) 765 1889 TITLE No SS2020596 DATE: 10/30/96 I2 Atlorcey for Lbnoer RECORD OWNER: Gerald P. Rafferty and Louise Rafferty INSURE AS MTGEE: ,it Attorney IO, Ier. INSURE AS PURCH PREMISES: 9205 Skunk Lane, Cutchogue ;ii AdAinonal R$port Dist: 1000 Sect: 104.00 Blk: 03.00 Lot: 016.001 T/O: Southold (Add'l Lots: ) SURVEY INSTRUCTIONS. FEE INSURANCE $ TITLE CLOSEDON _ _ .. 19 MORTGAGE INS. S G'1 Remarks — MORTGAGE ENDORSEMENT Frnri m _ DEPARTMENTAL AND C OF O SEARCH _ RECEIPTS SURVEYIINSPECTION cHECI<s iDIRECT) Extra Costs in Conjunction w/Ins . TRANSFER AX IMUNICIPALITYI Nv.s GAIN TAX Chain of title 1960 100 . C 0 RECORD DEED N.Y.S.TRANSFER TAX RECORD MORTGAGE MORTGAGE TAX)MORTGAGOR) CHECKS IC TIC; MORTGAGE TAX(MORTGAGEE) RECORDING SATISFACTION Sewer Search ESCROW ESCROW SERVICE CHARGE TOTAL TOTAL CONFIRMATION INVOICE CHICAGO TITLE AND TRUST FAMILY OF TITLE INSURERS TICOR TITLE INSURANCE CO. *CHICAGO TITLE INSURANCE CO. 185 Route 58, P.O. Box 218, Riverhead, New York 11901-0206 (516) 727-4455,(800) 248-CTIC, Fax(516) 727-4455 WOULD YOU TAKE A FEW MINUTES TO ANSWER THE FOLLONXTNG QUESTIONS? PLEASE FAX BACK TO SUSAN LEWIS'S ATTENTION. 1. DO YOU RECEIVE THE GUARANTOR? YES NO 2. DO YOU FIND IT USEFUL? YES NO 3. DO YOU FIND FOCUS USEFUL? YES NO FIRM NAME: COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company 177 Old Country Road - P.O. Box 419 Phone : (516) 727-7760 Riv�rhead, New York 11901- 0203 Fax: (516) 727-7818 I N V O I C E - - -- - - - - - -------------- - - - - - ----------- --- - - - - - - - - - - - - DATE : 11 /07/96 TO : i Town of Southold - Town Attorney' s Office Town Hall - 53095 Main Road - P .O. Box 1179 Southold, New York 11971 RE : Our File No. SS2020596 (Ordered: 10/30/96) (Mailed: 11/07 /96) Gerald P . Rafferty and Louise Rafferty Premises : 9205 Skunk Lane, Cutchogue 1000-104 . 00-03 . 00-016 . 001 SEA CH CHARGES : Chain of title 1960 S 100 . 00 OTHER CHARGES : II TOTAL AMOUNT DUE : S 100 . 00 (KEEP THIS PART FOR YOUR RECORDS) (PLEASE RETURN THIS PORTION WITH PAYMENT) COMMONWEALTH LAND TITLE INSURANCE COMPANY 177 Old Country Road - P.O. Box 419 Phone : ( 516) 727-7760 Riverhead, New York 11901-0203 Fax: (516) 727-7818 I N V O I C E - - - - - - ---- - - - - --- - - ---- - - - - ---------- -- --- - - -- - ---- - - - - - DATE : 11/07/96 TO : Town of Southold - Town Attorney' s Office Town Hall - 53095 Main Road - P.O. Box 1179 Southold, New York 11971 RE : Our File No . SS2020596 (Ordered: 10/30/96) (Mailed: 11/07/96 ) Gerald P. Rafferty and Louise Rafferty Premises : 9205 Skunk Lane, Cutchogue 1000-104 . 00-03 . 00-016 . 001 SEA CH CHARGES : Chan of title 1960 $ 100 . 00 OTHER CHARGES : S TOTAL AMOUNT DUE : $ 100 . 00 AMOUNT ENCLOSED : r r TEL YAPNANN 4 3451 3632 COUNTY OF SUFFOLK DEPARTMENT OF_'P_UBLIC WORKS R M. KAMMERER. COMMISSIONER YAPHANK. NEW PORK. 11980 LESTER 0. ECKART WILLIAM S. MATSUNAYE. JR. DEPUTY COM MISSIONER CHIEF ENGINEER dtay 10, 1967, Lester i, Albertson, Supervisor Town of Southold South Street Greenoort. Re: Little :reek Dredgin? - Cutc o *ue Dear "r. Albertson : This office is oreDarini to advertise for the dredgir._- of Little Creek. The Town has agreed to ootain the necessary easements . The following ease-eats are necessary : Commoners Shares c/o Rosalind :. aeiven - dredg' ng through their --)roRerty and placing sand aloe; their shore . Fred Sorauer - Dred.--.n'- through his 3roperty and placing dredge pipeline :-)on his ?r^mises . Cutchogue - :yew Suffolk ?ark District - for placing dredge pipeline and sand upon their beach . This oltfice has one release signed by Leon H. Stardley and one by Rene Le Creu that have not 'ceen notar- ized. .',.ese .eleases should be not_--:zed. I an e-closing --or r ise. 7! 7ee _Dr_ is the -)r000sed lrc a Lester .•i. All"ertson, Suoervisor `•;ar 10, : -,o7 Re : Little .:reek Dred7in; Cutc'lo,ue - (continued) Please forward copies of the executed ease-ments to this office. Ver.: =ruly yours, t;ammerer Commissioner Of ?ubli c Works ncls . r ' !THIS IL)ENTuRE made this �,s' day .of, betty en Fred'Sprauer of dutchogue, N.Y. part r of the- first part, and , •he TOWN OFF, Southp.ld +. party of the second party " W ITNESSET•H i WHEREAS, the -TOWN OF - Sout hold is, desirous of having Little reek situate, in, the Town of Southold improve:1 through the undertak:ir_g of :ertain dredging operation: 1-r5 be corZut.:ed b*yr ,the COUNrY OF SUFFOLK# ' and WHEREAS; said, improvements to Little Creek mutually benefi :ial' t,-, the,.undeisigned+ I4UI THEREFCAZE, i'Ti consideration of ' the Men ioricc2{ the party of the first part do�!s hrr.ert'Y part y of the second. •part and the COUNTY OF SUFFOLK, 1:ht; Xi gilt, license,, eafepen.t and .privilege to enter party of"tlie' first psiit for the plxrpose of dn-vfg ,_g ttre ci c.rirs' 1 --as--- hown on a map entitled "Map showing Proposed Br.ecilging in Little Creek &r. Peconic Bay , Town of Southold Suffolk County, New York, Scale =1" = 2001 tt. and approved by Lester M. Albertson Supervisor, Town of Southold + on Sept . 12, 146 6 and fi.L�" in the office of. the Commissioner of Public Works .if Suffolk Count.', New York., upon the terms and conditions as set forth on the reverse: side hereof. IN WITNESS WHEREOF, the party of the first part ha:; ss!t h/•s hand and seal the day and year first above writter_. V Q ('L STA E OF NEW YOR.K) ss : COUNTY OF SUFFOLK) On the ISY4 day of JAL Y 1967 before me came fICE 4j;RR.91'e.K to me known to be the ind-v-lual described in, and who executed the foregoing instrument, a.c . . wledged that e executed the same. I. l0 �j\c517 Ai�O The following are the terms and conditions upon which this Base- men is granted, all of which terms and conditions are made a part of this Easement Agreement and are incorporated herein, and which modify and amend the "Map Showing Proposed Dredging in Little Creek and Pec nic Bay" : 1. The southerly line of the proposed channel as described in the "Ma Showing Proposed Dredging in Little Creek and Peconic Bay" shall be oved in a northerly direction a distance of 50 feet. At that point the southerly line of said proposed channel will be distant 425 feet alo g said easterly line of Sprauer northerly from the intersection of the nortterly line of Bay Avenue with the easterly line of said Sprauer. The said southerly line of the proposed channel, as herein amended and mod fied, shall run in a straight line in a northwesterly direction to a p int on the westerly line of lands of said Sprauer distant 650 feet nor herly from the intersection of said westerly line with the north- erl line of Bay Avenue. 2. The Proprietors of the Common and Undivided Land of the Town of New York, shall by quitclaim deed duly executed in form forjouthold, recording convey all of their right, title and interest in and to anyand all meadow land owned by them or in which they claim any in- terlescribed st thereto lying south of the southerly line of the proposed channel as hereinabove in paragraph numbered 1. 3. The Board of Trustees of the Town of Southold shall by quit- cla deed duly executed in form for recording convey all of their rig t, title and interest in and to any and all water rights, riparian rig ts, claims, easements, appurtenances, and any and all lands under wat r in Little Creek Channel lying south of the southerly line of the pro osed channel as described hereinabove in paragraph numbered 1. u u.en Sccndacd N.Y.B.T.U.F..8002 Buynn and Sale Deed.rich Cc vemgr yain.,Gr .&W,Ac."ndrviLul cc C.rpee"tee(single Sheet) CONSULT�YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. �yp�kA Lim f 7 151 PACE 416 LS INDENTURE,made the 21st day of April , nineteen hundred and seventy—two TWEEN JOHN SCHEEL And PAULA CAMARGO SCHEEL, his wife, residing at (Io number) Bay Avenue, Cutchogue, New York, p rty of the first part, and ROBERT MARTIN and ALVINA MARTIN, his wife, residing ai 95 Paper Mill Road, Manhasset, New York 11030, n � party of the second part, ",� WITNESSETH, that the party of the first part, in consideration of ten dollars ind other valuable consideration I9 aid by the party of the second part, does hereby grant and release unto the party of the Second part, the heirs qr successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, 1 ;ng and IxinQlipcffaE at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a � 1 point on the northerly line of Bay Avenue, 685.00 f et e asterly along said northerly line from Pine Tree Road, said point o� beginning being the southeasterly corner of land of Standley; from s id point of beginning running along said land of Standley, North 4° 0 ' 00" West, 635 feet, more or less, to ordinary high water mark of a c annel; thence easterly and then southerly and then--eoutheasterly along staid high water mark of said channel 455 feet, more or less; thence long other land of John Scheel and Paula Camargo Scheel, his wife, the afollowin two (2) courses: (1) South 110 24' 30" West, 180 feet more or less; (2� South 40 07' 00" East, 200.0 feet to said northerly line of ay Avenue ; thence along said northerly line of Bay Avenue, South 870 Ol ' 20" West, 100.0 feet to the point of beginning. TOGETHER WITH all right, title and interest of the parties of the Hirst part over, in and to land below high water mark and under the aters of the dredged channel and the old channel adjacent thereto to t e center lines thereof; subject, however, to the use of said channels the grantors herein, their heirs and assigns. KIM SUBJECT to the following covenant and restriction: 6 .. .':. 4 THAT no building or structure, or any part thereof, shall be :_ e ected easterly of the extension of the easterly line which runs North O' ° 07' 00" West from Bay Avenue. C7 L•, OGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and Dads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances nd all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO OLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of he party of the second part forever. itV PND the party of the first part covenants that the party of the first part has not done or suffered anything hereby the said premises have been encumbered in any way whatever, except as aforesaid. SAND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of he first part will receive the consideration for this conveyance and will hold the right to receive such consid- tion as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply �eera2 same first to the payment of the cost of the improvement before using any part of the total of the same for pny other purpose. el rr The word "party' shall be construed as if it read "parties" wh ever the sense of this indenture so requires. m v' IN WITNESS WHEREOF, the party of the first s du x uted this deed the day and year first above 0 R (written. Ix esexca OF: r 1") � J Scheel 40'I C Paula amargo Sc eel __� — THIS INDENTURE, made the me day of April, 1968, i between THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, a municipal corporation, and a corporation organized under the laws of the State of New York, and having its principal place of business at Main Road, Southold, Suffolk County, New York, party of the first pert, and FM J. SPRAUER, residing at 33 Dickinson Avenue, East Northport, Suffolk County, New York, party of 'the second part, WITNESSETH, that the party of the fist part in con- sideration of One Dollar, lawful money of the United States, and other valuable consideration paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, his heirs, successors and sssigns forever, ALL of ita right, title and interest in and to eny and all water rights, riparian rights, claims, easements, appurte- nances, and any and all lands under water in Little Creek Channel near Nassau Point, Cutchogue, Town of Southold, Suffolk County, New York, in the following described parcel of landt ALL that certain plot, piece or parcel of land situate, ] lying and being near Nassau Point at Peeonic, in theTown of Southold, County of Suffolk and State of New York, bounded and described as follower BEGINNING at a point marked by a concrete monument In the northerly line of Bay Avenue, where the division line of the premises being described and the land of Standley intersects the northerly line of Bay Avenue; running thence along said division line North 4° 07' 00" West through two concrete monuments 680.36 feet to the southerly line of a dredged channel of Little Creek as the some now exists; running thence along the said southerly line of said dredged channel as the same now exists 1) South 65' 06' 40" Beat 303.52 feet; 2) South 73" 09' 50" Bast 300 feet to a point in said southerly line of said dredged channel. where same is intersected by a tie line; running thence along said tie line through and along the ordinary high water mark of Hog Neck Bay South S° 18' 40" West 441.23 feet to the northerly line of Bay Avenue; running thence along the said northerly .line of Bay Avenue South 870 01' 20" West 473.43 feet to the monument at the point or place of. beginning. TOGETHER with all right, title and interest of the party' of the first part in and to the land lying in the streets and roads in front of and adjoining said premises . TOGETHER with the appurtenances and all the estate and nights of the party of the first part in and to said premised : . TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs, successors and assigns forever. This deed is given for the purpose of correcting the description in the deed to bred J. Spreuer .from the Board of Trustees of the Town of Southold dated January 15, 1.968, recorded February 8, 1968, in Liber 63010 page 314. IN WITNESS WHEREOF, the party of the first part has caused iti corporate seal to be hereunto affixed and these 2 - presents to be signed by its duly authorized officers the day and year first above written. Alvah Goldsmith� Douglas Robertson G. orge 9 mpso John McNulty Frank Dawson STATE OF NEW YORK COUNTY OF SUFFOLK as. 1 n the 64 day of 1968, before me personally eppeere . GOLDSMITH, DOUGLAS kOBERTSON, GEORGE SIMPSON, JOHN MC NULT and FRANK DAWSON, to me known, who, being by 'me ,duly sworn, did depose and say that each resides in the Town bf Southold, Suffolk County, New York; that they comprise the members of THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, the munidpol corporation de- scribed in and which executed the foregoing instrument; that they know 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 TRUSTEES of said corporation, and that they signed their names thereto by like order, MARION A. RECENT NOTARY P1IULIC, State or New Tort No. 52 3233120 Suffolk Cuunly Term Expires Merril 30. 19(.? 3 c n 1 _ = 3 � zo c m c, A > " j 0 A � w 0 VI Z ° �Q i THIS INDENTURE, made the day of 19w between FRED J. SPRAUER, residing at 35 Dickinson Avenue, East Northport, Suffolk County, New York, party of the first part, andl THE BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD, a municipal cor- poration, and a corporation organized under the laws of the State of New York, and having its principal place of business at Main Road, Southold, Suffolk County, New York, party of the second part, WITNESSETH, that the party of the first part in con- sideration of One Dollar, lawful money of the United States, and I other valuable consideration paid by the party of the second part does hereby remise, release and quitclaim unto the party of the second part, its successors or assigns forever, ALL of his right, title and interest in and to any and all water rights, reparian rights, claims, easements, appurten- ances, and any and all lands under water in Little Creek Channel, near Nassau Point, Cutchogue, Town of Southold, Suffolk County, New York, which lies north of the northerly line of a proposed channel as described in a map entitled "Map Showing Proposed Dredging in Little Creek and Peconic Bay, Town of Southold, Suffolk County, New York, Scale 1" = 200 feet", and approved by Lester M. Albertsonj Supervisor. , Town of Southold, on September I?, 1966, and filed in the Office of the Commissioner of Public Works of Suffolk County, New York, and as said map was modified and amended by the terms of a dredging easement executed by Fred Sprauer on July 15, 1967, a copy of same being annexed hereto and made a part hereof. TOGETHER with all right, title and interest of the party of the first part in and to the land lying in the streets and roads in front of and adjoining said premises . 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, its successors and assigns forever. , The party of the first part covenants that he will re- ceive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that he 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. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. f0d J prauer STATE OF NEW YORK as. : COUNTY OF SUFFOLK / On the S X day of y, 196t, before me per- sonally came FRED J. 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ML"(.. �[ 1^S^�"99 •r r1 1 �, °i u , cTny I, t� �• t " �'` � ` in�-�t� - ���1 a �1,� a n tr , I • r r �r ,� �,14 t t r t 1, f ' t r rY)Sr t49st t • r r �"C 1Y T�r��-4��• r� r�j4�. i.lr�. • i� �� I i °, �Jr.-F.Y-'t1J Fr'af• . : � . i t �.7.��" • r��-,..� - �y"' S t 9r� X 141 i. t , • r�l�l�.': � s { "{1� �If7E``. �l^�.7�+�� ,�,rr z Q t � R �•k' t�+L t k•�! i4r gall+i ah!AiXr t•�f� a � 4 ,.ti .`. �5 �4db{ S3f�ut14JIa� �d+y M,r r,__ k 1 It ISr i r t J t p �}Nr��i t r l q(Jy+G t EYS i� i )a1 n�T t , v) -�Ja tY t A4111�F� x tJa 7 T 11�� T } a SSS Ili 1 y 1.J tt�4tPi.. ips 6,ra, ` r THIS INDSNTURB, made the /5r_f, day of QcW� , 196y, between THS MOM OF TRUSTSSS OF THS TOWN OF S vvOUTHOLD# A munietpa coiposttion, and a corporation organised under the laws of the State of Now foe€k; and having its pZincipal place of business at Main Road, Southold, Suffolk County, New York, party of the first part,, and FRED J. SPAAUBR, residing at 39 Dickinson Avenue, Fast Northport, Suffolk County, New York, party of the second part, WITNSSS=it, that the party oQ the first part in con- aideration of One Dollar, lawful money of the United States, and other valuable consideration paid by the party of the second part does hereby remise, release and quitclaim unto the party of the second part, his hair#, successors and assigns forever ALL of its right, title and interest in and to any and all water righta' reparian rights, claims, easements, appurten� ances, and any and all lands under water in Little Creek Channel, near Nassau Point, Cutchogue, Town of Southold, Suffolk County, Now York, which lies s o uth of the southerly line of a proposed channel as described in a map entitled "Mop Showing Proposed Dredging in Little Creek and Peconic Bay, Town of Southold, Suffolk County, How York, Scale 1" a 200 fast", and approved by Lester M. Alberteon, Supervisor, Town of Southold, on September 12, 1966, and filed in the Office of the Casmissioner of Public Works of Suffolk .County; New York, and as said map was modified and amaaded by the terms of a dredging eaoeiMeot executed by Fred SprAUer on July 15, 1967, a copy of same being annexed hereto and evade a part heroof. TOOSTHSR with all right, title and interest of the pagty 'of the first part in and to the land 1ying in she streets and roads in front of and- adjoining said premises. Too with the appurtenancas and all the estate and rights of the piety of the first part in and to said premises. To RAV9 AND TO WW the premises herein granted unto the party of the second part, his heirs, successors and essigne forever. The party ,of the first part covenants that it will re- aelv* the consideration for this eonveyands the will hold the right to receive tubb eanoideration as d trust fund to be Applied first for the purpose of paying the cost of the improvement and that it will apply the same "first to the payment of the cost of the improvement before using any part of the total of the came for any other purpose. ni WITOSS WKMOr, the party of the first part has caused its corporate seal to be hereunto affUed and these presents to be signed by its duly authorized officers the day and year first above written. Alvah o sm t Douglas Ro noon or, e 's peon John McNulty Irrank Dawson _ 2 _ STATE OW NEW YORK gs. s COUar or SUFFOLK 1 On the IS4day of 1965�, before me per- t RD6 erTS or1 sonally appeared ALVAH GOLDSMITH, DOt! US POMM i, (;Z=g SIMPSON,. JOHN MoNMTY and FRANC DAWSON, to me known, who, being by me duly sworn, did depose and say that each resides in the Town of Southold, Suffolk County, New York{ that they comprise the members of the BOARD OF7RUSTRES OF TIM TOWN OF SouTEiwLD, the municipal corporation described in and which executed the foregoing; instrument; that they know 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 TRUSTEES of said Nnd Corporation,/that they signed their names thereto by like order. 523233120 S'. .; L.unly farm FXR449 6lwrch 30, 1W No. 57 TI;Vile " vl Lt.l ir,i U1111 Lrynles M1lv Surlolk r,,v.1, ch 3rr, Jn�y - 3 - f f I �� �., � _ .::.t t`! Vn�Y„'vt! {j'.;•.L} t ,f':e I ..Ntirr, a� . '-.fir. '.rt.. ` S I . f11 1 j , a�hT tiY Il i t ' 1 +{ Jay dl.� IY j. * X.a If r " ,y Fk(- tf t a i! 1� 1 1 r I 1tt yy f 1 1 r ! 1 II '. 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Y '1 •i .l ".y�.. 'Ci`7 i t r: , + r u . . i 4 `PtR�1�t��i51! t pp� :f' �•�ir •'r*i nr�gy�� �.fiam.c T',,,.,,•:^ p� .iitf i, hh ! 4' r"� , ^.` _ ,1 ::�� cj'r..:':r C'.:•FS ii^!-� .i. �:t.°`fd`;Nn'! 1 ] 'Y r ny� R It a kf` L,a iL '1 l 5 rm 9 t` L lY _• ::. . Yi 1 If [CG✓✓'J t IL .�' N. z s r .1. '.o+nYrarFd✓ > s >y I1 s � i rt 55 r�`•• at 3 .i�l 1z � '�It a t� Crn'r sfiz� ,ry�t utvv( �x� < i a-yL .3f�-F ✓t ' T� 'L Y A p�� } l yf ✓ YY :`� y I.. ••" 1 .- - ...._ ...�r.v_s.u ..�._a',w.F��-�-+.-;)� 1i �J�.i.v�T.4� ... .--.�•.I'_'+-r+�'�eiliia.=sar'�rr� 4 )r° yR• y .v s"1 r„ wt 1 J d � '4N ties re + -'r %� �v _ if 1 �` h 1 .- 1 a h ]C• d wn- r RECEIM --__------ /• ?-2 IN THE MATTER OF THE LAIM OF JAN 1995 G RALD P. RAFFER" and LOUISE RAFFERTY, rom Gefl( SJ� -against- NOTICE OF CLAIM r E TOWN OF SOUTHOLD, NEW YORK ---------- ---------x ,MN 9 1995 CLERK OF THE TOWN OF SOUTHOLD, NEW YORK T®�pI�1 0�F 00ITr- 1 PLEASE TAKE NOTICE that Gerald P. Rafferty and Louise Rafferty, do hereby make claim against the Town of Southold, New York, and in support of such Iclaim do hereby state as follows: 1. The post office address of Gerald P. Rafferty and Louise Rafferty is: 31 Devon Road, Rockville Centre, New York 11570. 2. The name of the claimants' attorney is: Richard J. Cron, Cron and Cron, Main Road, P.O.Box 953, Cutchogue, New York 11935. 3. This claim is against the Town of Southold for injury to real propert} violation of rights secured to claimants by New York State and United States Constitutions, and State and Federal Law, and, upon information and belief, conspiracy to deprive claimants of their lawful right to the full use, benef and peace and enjoyment of their property. 1 I, 4. The nature of claim: between August, 1992 and October 8, 1994, t thereafter, the Town of Southold through its employees and its elected tl officials, to wit: the Board of Trustees, Town of Southold, has acted cc: Tov To CY S+ W J or - • • • • and in concert with certain Town residents to wrongfully, knowingly and with malice deprive claimants' of the benefit and peaceful use and enjoyment of properlh`y located at 9205 Skunk Lane, Cutchogue, New York, and to harass and intimi{ ate claimants from the exercise of their rights secured by the New York State and United States Constitutions. The claim has arisen by the Town off ici s, upon information and belief, secret and illegal meetings and private meetin�s with individual citizens concerning the claimants' property, and the deliberate conspiracy among Town officials and employees to violate the claims ts' property rights by illegally and unlawfully claiming a superior right �nd title to undefined areas of the property of the claimants. 5. The items of damage or injuries claimed are: deprivation of claima ts' rights to the peaceful use and enjoyment of their property, the cost a�d expense of defending the illegal, unlawful and improper actions of the Bo d of Trustees, Town of Southold, and its individual members, the taking of claimants' property without just compensation and punitive damages for th violation of the claimants' civil and constitutional rights. 6. By reason of the foregoing acts and misconduct of the Town of Southold, claimants have sustained damages in an amount to be determined upon tqe trial of this action. Dated: Cutchogue, New York January 4, 1995 , rald P. Rafferty and Louise Rafferty by Richard J. Cron -2- Pr • • • • X IN TH MATTER OF THE CLAIM OF GERALrl P. RAFFERTY and LOUISE RAFFERTY -against- VERIFICATION THE TOWN OF SOUTHOLD, NEW YORK X RICHARD J. CRON, being duly sworn, deposes and says: I am t e sole member of the firm of Cron and Cron, attorney of record for GERALD P. RAFFERTY and LOUISE RAFFERTY, the claimants in the within action. I have read the foregoing Notice of Claim, and know the contents thereof; the same i true to my own knowledge, except as to the matters therein states to be alted on information and belief, and as to those matters, I believe them to be rue. The reason this verification is made by me and not by GERALD P. RAFFERTY and LOUISERAFFERTY is that neither party is within the County where I maintain my off.ce at the time this verification is made. The grounds of my belief as to all matters not stated upon my own knowledge are aslfollows: documents in my possession and investigation of the matter. Richa on Sworn $o before me this 5th da I}� of January, 1995. tary ubli JAMESJ.CRON Public,State of New YorL No.4739255 Ilfied in Suffolk CountyComm lon Expires February 28,1996 65: Third \\.nue •• . • F 0 ll R 1nd.. N} 1001r3F SONHOLD Commonwealth, Land Title Insurance Company November 16, 1994 Bo rd of Town Trustees To m of Southold Tom Hall 53 95 Main Road P. . Box 1179 So thold, New York 11971 At ention: Albert J. Krupski, Jr. Re Gerald P. Rafferty SCTM 1104-3-16. 1 Title No. 953-048S De r Mr. Krupski: Yo r letter of October 4, 1994, addressed to Cron & Cron, Esqs. , wi h regard to the above matter has been referred to my attention. I have compared the Raffertys' survey to the map which you fu nished to Richard Cron, and I am unable from the two maps to de ermine how you reached the conclusion that the piece of Mr. Ra ferty's property on which he wishes to place the fence was once laid under water. I would therefore appreciate your furnishing me with whatever do umentation you have to support your position. Thank you for your assistance. Very truly yours, COIU40NWEALTH LAND TITLE INSURANCE COMPANY BY A--ow[aF� Marg ret F. McCoy Assistant Vice President and Assistant New York State Claims Counsel MM hs ® Reliance 4 kal.nw I nriy Holdl m_.Gm'p.vi� Albert . Krupski, President Oka G Town Hall John Ho zapfel, Vice President y` 53095 Main Road Wil 'am G. Albertson H x P.O. Box 1179 M1 in H. Garrell Oy �.je Southold, New York 11971 Peter Wenczel �ljOl �a0 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Oc ober 4, 1994 Cr n & Cron Esqs. P.P. Box 953 Cu chogue NY 11935 Re: Gerald P. Rafferty SCTM #104-3-16. 1 Dear Mr. Cron, Afller reviewing the application of Mr. Rafferty, SCTM #1 4-3-16. 1, the Southold Town Board of Trustees believe that th applicants proposal is located on Trustee Patent lands. I ave enclosed a copy of a survey that shows the original co figuration of the channel. By virtue of the Andros Patent, the creek bottom is owned by th Southold Town Trustees and not by any private individual. This includes former underwater lands that were filled in by Co ty dredging operations. An claims to such Patent Lands would need clear title that pre dates the Andros Patent of 1676 to be valid. If you have any questions, please feel free to contact me or the To Attorney. Sin erely, Alb rt J. Krupski, Jr. Pre ident, Board of Trustees AJK/djh r .. a, ov L11, j STATE OF NEW YORK DEPARTMENT OF STATE '. ALBANY. NY 12231-0001 AIL S. SHAFFER _ SE RETARY OF STATE Mr. Albert J. Krupski, Jr., Trustee September 7, 1994 Board of Town Trustees To xn Hall P.O. Box 1179 Southold, New York 11971 Re: Lead Agency Coordination Request for Proposal by Gerald P. Rafferty, 9205 Skunk Laae, Cutchogue, N.Y. 11935. Dear Mr. Krupski: With regards to the above mentioned Lead Agency Coordination Request, please note that the New York State Department of State (DOS) does not object to Southold Town Trustees assuming Lead Agency. However, if a Federal permit or Federal funding would be required for the above mentioned project, the Department of State (DOS) must review the action for consistency with the New York State Coastal Management Program. If a Federal permit or Federal Funding is required for this project, please instruct the applicant to submit a Federal Consistency Assessment Form (FCAF) and supporting i rmation to Ms. Diana Boos at the Department of State. If you have any questions, do not hesitate to call me at (518) 474-6000. Sincerely. Walter V'Mey6 Coastal Resources Specialist c. U.S. ACOE/NY - Sophie Ettinger file �,printed on recycled paper Albert J� Krupski, President • • c�0 • Town Hall John Holapfel, Vice President �� S` 53095 Main Road Wil Iam G. Albertson P.O. Box 1179 M n H. Gazrell O Southold, New York 11971 ter Wenczel 'y�j01 �a0� Telephone (516)765-1892 4 Fax (516)765-1823 BOARD OF TOWN TRUSTEES f! TOWN OF SOUTHOLD /r LEAD AGENCY COORDINATION REQUEST TO: Whom It May Concern DATE: 8-22-94 En losed is a permit application and a completed part I of the Environmental Assessment Form. So�thold Town Trustees are interested in your ageny' s comments in acting as SEQRA Lead Agency for: N E: Gerald P. Rafferty LO ATION: 9205 Skunk La. Cutchogue T MAP: 1000-104-3-16.1 PERMIT # Pending DE CRPTN: Snow fence & posting signs PERMIT REQUIRED: (� TOWN WETLAND ( ) OTHER SERA CLASSIFICATION: (X) Type I ( ) Type II ( ) UNLISTED (X) CEA Phase contact .Albert J. Krupski, Jr. , _Trustee within 30 days and be advised that the Southold Town Trustees (WANT) /(DO NOT WANT) to assume lead agency. SEN TO: DOS ()( ) DEC ()X) DOH ( ) PB ( ) ZBA ( ) BLD ( ) ACE (X) It Hayek CAC (x) Ple se complete, detach and return this form to expedite pro essing. Inv plved. Agency: Probect Name: Loc tion: SC TI: We t (Have/No) objection to Southold Town AGENCY Tru tees assuming Lead Agency. Comments/Reasons: Signature of Authorized Representative f W N 0 NECK N� 'C W°' t O G/ HOO Fd SG�j�Q� /3N�13tlON� ��oi o, i l• mo c N a ill J p 0 � MUl - °• O a m. � O W `i e I •O�c, � O o a � la_ W rm Z u" ill O MN Y O J p P O OOP '. a s•r - o°`° )3 cj It xj Sn �� o ^.° \ \r J• �0' •pt 5 _ N �— O moo• W a l J V so•p• m o_ _ N y) CA e • �CA•' a i � • :O m �� N Leo pp\ N M °. yg 9 c+ � • _• e• ,i _ i�g !c•y� T .O° H•GwpP'� '•y°��. n � „' � � Q ' ' ss•\ dot yty N \ �� ¢e . .w i N Cal o I e" $ 8•NL NECK W� Z O off/ N0G of .. /3Wn3tlON� ji I � Oa � o •a r o, m = N a 41 J "' = � v r y 3 zo ul R� N• a 7 3 0 0 i, w Mcy Opp A ^ .n. U N / 3 Z WLL O e Q o 0) CIO u_x �rq GO Nw�tw OOc- w su oc. N 2TS d �R \r •v. �Q. cov UL N N N G CA ^ N ee N ;, t, .° v " �• ,p o \ Hip`t, `., '` x,s O c•y n 's+° \ f \N ° � osx mN CL S�`pL ���.• tia /tAFF�Q�Y F l `v• x ''MRYWRTEAS � i C � 5 \9<i. ' r .P x•: a� i Fa • O ss � .i S• x � � s � I � I � �Ia - ips+.rr , 6i: '\• 5 �\y it IIIII z'•a - iY '\ t -\ 1 - �) Fi� III ): � ! \• 9 +p✓'' `[ rs 2 f kk qRq� �1 o C w.w � E � _ s•Ft F rr F{ .r,F i � Y' S � c f / ¢�x� -F� J �• , �il� J I 1 � oe Vq Mj3N s AV9 n A © a e ec -q o 0 ' MO Z�'N ma D jc ill a a w �Eiitl o 1— s 1 I . i I ' i 1 1 � C u ar-;?nr'�^c ar:wi'r?eCp/ T f/e, D�•4/j�s:at7- +� -•..�� n� .sir'✓cy�C�` r ;_':- ; i ' �.�, l �"��,::' _ v..�' qq�� � i"/ 1 � � /i' :%I'i.fi v�:I r�.C1/^:�/J/./("✓\."�V.JI�::. i I , h l ( N. . J Is ( S r c +r (Yj , IS _ t U w 58A -1 3 - z l 7, \ f \ j \ �•"� CC �= Gr k t 1 C / 101, 1 • i d �IV shifal ` V � I i ,^�+�*:\ _A .�• '� ��,� r. , � yam'. s i) ♦ y x �•.* �• w ,'fir', r ,, r TT r y .Rr yM 4Fa�ia.?(�.�, ���e.7� ! .`'y. ��Y .J ~'> c } S+`nY• � C'T(' f✓a` �w7{ r f ;o• Wit\ -R % 4\\ m;? ,►'/fa�Ay/, r ey x r\ s 4 Y - AW loom 17 .. wr Ir ' ` 1 • r itv 4r j/ gAF r'• "� _ f.� yt �'. � •,�N�. ...4 � 1 .'f r it 4 ar Albert . Krupski, President• • �p�Og�FFO�,�-BOG • Town Hall John Ho pfel, Vice President 53095 Main Road William G. Albertson y x P.O. Box 1179 Martin H. Gairell Oy �.F Southold, New York 11971 eter Wenczel �JI�l �.a0 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Aucust 12, 1994 Brice Loucka Southold Town Conservation Advisory Council So thold Town Hall Ma n Road So thold, NY 11971 De r Loucka, Tr nsmitted herewith are the following applications for a we land permit: GERALD P. RAFFERTY SCTM #104-3-16.1 BETH BLEVINS SCTM #104-5-23 Please prepare a written report of findings and re ommendations with respect to these applications. Ve y truly yours, Al ert J. Krupski, Jr. President, Board of Trustees AJ /djh n �r�-sioo an a.�xd tan �� s/6 TOWN OF SOU ITHOI.'0 A ,I"`p�w` bul�eo�ae, �`Y //9JS-OOJp •.7 ./Y� �.r.�a.+rd.J�� .:l7ac _��.�a y�ro�n�v.�l+n..rG orr�,�. Sept�mber 28, 1993 JAR7 .& is-0*0 Boar of Trustees of t e Town of Southold Sout old Town Hall 5309 Main Road Sout old, NY 11971 Re: Gerald P. Rafferty 9205 Skunk Lane, Cutchogue, NY Dear Sirs: In behalf of the above-named, Gerald P. Rafferty, to whom the annexed Noti a of Violation was issued, we do hereby make application pursuant to A title II, Section 97-20(B) , of the Code of the Town of Southold for resolution of the Board of Trustees waiving the requirement of a permit for an existing snow fence on the ground that the erection ther of does not constitute "operations" within the intent and meaning of this Chapter, or, in the alternative, if it is determined that said existing snow fence constitutes "operations" under this Chapter, the Boar shall find compliance with the standards set forth in Section 97-2 , items A through I , inclusive. We shall await the advice of the Board of Trustees. Very truly yours, Cron and Cron - ( < &ar . C rb ' RJC:afw Enclo ure cc: (Gerald P. Rafferty Hand pelivered October 1 , 1993 SCHEDULE A A� L that certain plot,piece or parcel of land with the buildings and i provements, thereon erected,situate,lying and being at Peconic TZ of Southold, County of Suffolk and State of New York, bounded a�d described as follows; B�GINNING at a point marked by a concrete monument in the northerly line of Bay Avenue, where the division line of the premises being described and the land of Martin intersectes said northerly line of Bly Avenue; RfNNING THENCE along said land of Martin, north 4 degrees 07 minutes 0 seconds west 200. 00 feet to a concrete monument; T ENCE still along said land of Martin north 11 degrees 24 minutes 3 seconds east 202.00 feet more or less to the general canter line o "Old Channel"; THENCE along said general center line of ' Old Channel" , as same runs we terly and northerly 240. 00 feet more or less to the southerly side of Dredged Channel; THENCE along the southerly side of said Dredged Channel ,south 65 degrees 06 minutes 40 seconds east 100.00 feet and south 73 degrees 091minutes 50 seconds east 227_18 feet to the ordinary high water mafk of Hog Neck Bay; TH:NCE along the ordinary high water mark of Hog Neck Bay on tielines th following 2 courses and distances; l. lsouth 8 degrees 15 minutes 55 seconds east 156. 60 feet 2. south 3 degrees 32 minutes 14 seconds east 14-4.93 feet to the land no or formerly of Ball; THENCE along said land the following three (3) courses and distances of th northerly side of Bay Avenue; 1. south 84 degrees 13 minutes 50 seconds west 211 . 21 feet; 2. north 81 degrees 49 minutes 40 seconds west 154. 93 feet; 3. south 4 degrees 07 minutes 00 seconds east 180. 00 feet; THEINCE along the north,-rly side of Bay Avenue south 37 degrees 01 minutes 20 seconds 25. 00 feet to the point or place of BEGINNING. For co�veyancinc only Together with all right, title and interest of, in if int nded to be and to in any streets and roads abutting the above o�OgUFFO(�-C 00 O Scott A. Russell, Chairman Southold Town Hall o P.O. Box 1179,53095 Main Road Darline . Duffy, Assessor W ,? Southold, New York 11971 Robert [ Scott Jr.. Assessor Gy • �� Fax (516) 765-1823 Telephone (516) 765-1937 BOARD OF ASSESSORS =!E TOWN OF SOUTHOLDTO: Town Trustee' sFR M: Board of Assessors RE: Underwater land Gerald Rafferty SCTM# 1000-104-3-16 DA E: July 2, 1993 En losed please find a copy of a metes and bounds description and a copy of a survey that Mr. Rafferty asked that we forward a copy to your office. He mentioned that he had spoken to your office previously about this matter. 0 '.° � 1uy15P�0�36 31.ndard N.Y.B.T.U. form M—"w —Bar"aln and Sale R•N.rhM1 Coananu aRalm,Lnn,nr i An.—IndhtJual ur Lu,pnu,iun. PinFle rM1eeq j•�v CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD It USED BY LAWYERS ONLY 7M J e " THIS INDENTURE, made the 27A day of ✓� nineteen hundred andaighty—nine cr BETWEEN JANET T. SWANSON, residing at 1995 Ryder Farm sane, Orient, New York party of the first part,and GERALD P. RAFFERTY and LOUISE G. RAFFERTY, his wife, both residing at 31 Devon Road, Rockville Center, New York / party of the second part, WITNESSETH, 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 successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Peconic, Town of Southold, Countv of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point marked ,by a concrete monument in the northerly line of Bay Avenue where the division line of the premises being described and the land now or formerly of Martin intersects said northerly line of Bay Avenue; RUNNING THENCE along said land now or formerly of Martin, North 40 07 ' 00" West 200.00 feet to a concrete monument; THENCE still along said land now or formerly of Martin,. North 11° 24 ' 30" East 202 .00 feet more or less to the general center line of "Old Channel" ; THENCE along said general center line of "Old Channel" , as same runs westerly and northerly 240 .00 feet more or less to the �7S� dygrip southerly side of a Dredged Channel; vd�v,-/,. THENCE along the southerly side of. said Drcdgcd Channel , SuuLh 65" 06 ' 40" East 100 .00 feet and South 73° 09 ' 50" East AB)IBA feet to the ordinary high water mark of Hog Neck Bay; D !� THENCE along the ordinary high water mark of Hog Neck Bay on Vlsi, f�" tielines the following two (2 ) courses and distances ; �d(o (1) South 80 15 ' 55" East 156 .80 feet; (2 ) South 30 32 ' 14" East 144.93 feet to land now or formerly of 7t �3 Ball; THENCE along said land the following three (3) courses and ply distances to the northerly side of Bay Avenue; ( 1) South 840 13' 50" West 211.21 feet; (2 ) North 81°. 49 ' 40" West 154.93 feet; 5�eylr (3 ) South 40 07' 00" East 180.00 feet; THENCE along the northerly side of Bay Avenue, South 870 01 ' 2011 •e•.r, West 25.00 feet to the point or place of BEGINNING a• 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; 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 O HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of Q the party of the second part forever. lMN) / 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 (told 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 J any other purpose. •-..,e��` _ :The word 'party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. 6"11 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above . , written. IN PRESENCE OF RECEIVED t: �'-" "'•"� R�E1Cg ` REAL LSfATE W1LLW}A G.11tiLbT R E C O R DO AUG 22 1189 CLEw(OFsI MXWJNly i • # _ • June 14, 1993 Gerald & Louise Rafferty THY - 7G s6 7 Y - -7 RE: TITLE NO: 953-0485 PREMIISES. 9205 Skunk Lane, Cutchogue , PARTIES: Rafferty In connection with the above-captioned title,, enclosed please find the following: A) XCEPTION SHEET (SCHEDULE B) B) ESCRIPTION (SCHEDULE A) C) xAX SEARCH D) rORTGAGE SCHEDULE ( IF APPLICABLE) V iRY (TRULY YOURS, r �' mac✓ CLIFFORD GELBARD PRESIJDENT KB 110 JQRICHO TPKE• FLORAL PARK. N.Y. 11001 • (516)358-0505•(718) 4286622• FAX (516) 358-0394 y Typed D 6/14/93 Title No. 953-0485 Proposed Insured: Effective Date: 3/1/93 Redated: Purchas$r: Mortgage: Emigrant Savings Bank AMOUNT �F INSURANCE Fee Mortgage $645,000. 00 THIS CtANY CERTIFIES that a good and marketable title to the premises describ d in Schedule A, subject to the liens, encumbrances and- other matters if any, set forth in this certificate may be conveyed and/or mortgag d by: Gerald P. Rafferty and Louise G. Rafferty, his wife Source f Title: Deed from Janet T. Swanson dated 7/27/89 recorded 8122189 in liber 10915 page 36. Premise described in Schedule •A• are known as: Address 9205 Skunk Lane, Cutchogue City: County: Suffolk Tows: Southold Distric : 1000 Section 104 Block: 03 Lot: 016. 001 SCHEDULE A ALI, that certain plot,piece or parcel of land with the buildings and improvements , thereon erected,situate,lying and being at Peconic Town of Southold, County of Suffolk and State of New York, bounded and described as follows; BEGINNING at a point marked by a concrete monument in the northerly line of Bay Avenue, where the division line of the premises being described and the land of Martin intersectes said northerly line of Bay Avenue; RU14NING THENCE along said land of Martin, north 4 degrees 07 minutes 00 seconds west 200.00 feet to a concrete monument; THENCE still along said land of Martin north 11 degrees 24 minutes 30 seconds east 202.00 feet more or less to the general enter line of "Old Channel"; THENCE along said general center line of "Old Channel" , as same runs westerly and northerly 240 . 00 feet more or less to the southerly side of Dredged Channel; THENCE along the southerly side of said Dredged Channel ,south 65 degrees 06 minutes 40 seconds east 100.00 feet and south 73 degrees 09 minutes 50 seconds east 227.18 feet to the ordinary high water mark of Hog Neck Bay; THENCE along the ordinary high water mark of Hog Neck Bay on tielines the following 2 courses and distances; 1. south 8 degrees 15 minutes 55 seconds east 156. 8,0 feet 2. south 3 degrees 32 minutes 14 sesonds east 144.9�3 feet to the land now or formerly of Ball; THENCE along said land the following three (3) courses and distances of the northerly side of Bay Avenue; 1 . south 84 degrees 13 minutes 50 seconds west 211. 21 feet; 2. north 81 degrees 49 minutes 40 seconds west 154.%3 feet; 3 . south 4 degrees 07 minutes 00 seconds east 180 .00 feet; THENCE along the norti�erly side of Bay Avenue south 37 degrees 01 minutes 20 seconds 25 . 00 feet to the point or place of BEGINNING. For c nvevancinc only Together with all right, title and interest of, in if intended to be ind to in any streets an6 roads abutting the above N Title No. 953-0485 TBZS CCOPANY CERTIFIES that a good and marketable title to the premises , described in Schedule A, subject to liens, incimbrances and other matters, if any, set forth in this certificate may be conveyed/mortgaged by Gerald P. Rafferty and Louise G. Rafferty, his wife Source oE Title: Deed from Janet T. Swanson dated 7127189 recorded 8122189 in liber 10915 page 36. CBRaDLE B in which are set forth the additional matters which will appear in the policy as exceptions from coverage, unless disposed of to the Company's satisfaction prior to the closing or delivery of the policy: DISPOSITI 7H 1. Taxes, tax liens, tax sales, water rates, sewer rents and assessments set forth herein. 2. Mortgages returned herein (1) . Detailed statement within. 3. Any state of facts which an accurate survey might show. or Survey exceptions set forth herein. 4. Rights of tenants or persons in possession. 5. Covenants, conditions, easements, leases, agreements of record, etc. , more fully set forth in Schedule herein: - NONE. 6. Proof is required that Louise G. Rafferty has been known by no other, name for the past ten years. Any other name to be submitted to this company prior to closing. 7. Mortgages herein to be considered and disposed of. 8. Water not searched private Company. 9. Any departmental searches reported herein are furnished "for information only". They are not insured and. the Company assumes no liability for the accuracy thereof. v 10. Proof, by affidavit, is required to show that the seller herein has not received medical assistance from New York State, is not currently receiving medical assistance from New York State and has not and does not reside in a nursing facility, facility for mentally retarded or medical institution. 11. If the insured adjustable rate loan contains a fixed rate conversion option, the company will insure that the first lien priority of the mortgage will not be impaired upon the conversion to fixed rate of interest. If the insured loan does not contain a fixed rate conversion option this exception may be omitted. 12. Company will only accept certified, Bank or attoruey's check for title charge. 13. For Information Only: If a POWER OF ATTORNEY or PRE- SIGNED DOCUMENT is to be used in connection with this transaction, an affidavit attesting to the fact that the donor of said Power of the signor of said document is alive and consents to the transaction WILL NOT (Under any Circumstance) be taken from a party to said transaction or from the attoraey-in-fact. 14. Except riparian rights and easements of others over Hog Neck Bay Policy will not insure such rights in favor of the owner. 15. No title is insured to any part of the premises lying below the present or former high water line of Hog Neck Bay. 16. Hxcept the right of any governmental authority to change the harbor, bulkhead and pierhead lines without compensation to the owner. 17. The Certified Owner(s) Gerald P. Rafferty and Louise G. Rafferty, have been run for judgments and federal tax liens - SHE MECHANICS LIEN FILED 1115192 HEREIN. 18. Survey made by John T. Metzger dated 5124189 shows a 2 story building with a patio, concrete slab, shed, a detached garage, a log shed and a wood deck. A. Shed of adjoining owner to the west encroaches up to 0. 3 feet east of westerly line. B. Fence up to 3. feet east of westerly line. C. Bulkhead along part of the westerly line and northerly lines. D. Two docks. No other variations or encroachments. Inspection dated 612193 shows no changes. NOTE: Skunk Lane and Bay Avenue are maintained by the Local Municipality. NOTE: Closing instruments to recite the Proper Suffolk County Tax Map Designation. NOTE: Bank requirements for impending taxes must be submitted at or prior to closing. NOTE: If deed delivered at closing pre dates RPT or Equalization form, an affidavit will be required stating reason for same. NOTE: Photo indentification must be submitted at closing. NOTE: Closing dates must be called in 48 hours in advance this will avoid delays and inconveniences at the time of closing. q 361- =Zb NOTHT l NDE9 MUMANICS LJOW LAW At h.Cklk of the(..M, y1f f 0 1 k rglt lUa Please tyke .Wader, Tirkot-.y Coffey ,z, rh,.ma,mj 'im". y Coffey !tjr.ery1LjndSC&pe Contr#ctDrs. Route 25. �w.. .rk :i?l- .... ... (-Ik 1071 M,,..- ....... A:Wl:. :4-4 f)rx ::,77 lhL ,tmeand u.if,.,i:. r! R. Esc.. Tuu ON Country W". Po;: Office cn..r ;?C' O the llme.11!h. :r..l III I he .. ..... Nan,be 1 e 61 'nCTI.IM'd.11 , Y. I he 4, !A I he, I'd T S,a 4!eej DO he I he III n, the„me c::me R,rrl rK )f as r" 036 w 7 • - 0 _ • 0 ABSTRACTERS' A R E INC. 138-72 QUEENS BOULEVARD BRIAR(000, N.Y. 11435 (718) 291-5900 (516) 742-2290 (914) 761-4451 FAX (718) 291-6681 SUFFOLK COUNTY TAX SEARCH DATE: 05 17/93 TITLE NUMBER: 0315-953048 N PREMISES: 9205 SKUNK LANE, CUTCHOGUE VILLAGE: NONE TOWN: SOU XOLD TAX CLASSIFICATION: 210 DISTRICT: 1000 SD: 473809 MATTI TUCK-CUTC80GUE SECTION: 104.00 BLOCK: 03.00 LOT: 016.000 ASSESSED ro. RAFFERTY, GERALD P. 8 LOUISE G. ASSESSED VALUE: (TOWN) 8,100/12,900 ACREAGE: 2.40 RETURNS TOWN OF SOUTHOLD REAL ESTATE TAX GENERAL AND SCHOOL DUE: DECEMBER 1 AND MAY 10 PERIOD COVERED: DECEMBER 1 TO NOVEMBER 30 DIST: 1000 SEC: 104.00 BLK: 03.00 LOT: 016.000 1992/93 GENERAL & SCHOOL TAX 1 1/2 TAX $3,883.39 PAID 2 1/2 TAX $3,883.39 OPEN WATER - PRIVATE AFFIDAVIT SHOULD BE TAKEN AT CLOSING THAT OWNER RAS NOT RECEIVED NOTICE OF SPECIAL ASSESSMENTS (I.E., SIDEWALK REPAIRS, LOT CLEARANCE, OR EMERGENCY REPAIRS). TAX SEARCH DOES NOT GUARANTEE AGAINST EXISTENCE OF SUCH NOTICES. Search does net guarantee against items not a lien tip to the date shown. Soae of the iteas returned my have been paid but not officially Posted. Receipts of such iteMs should be produced at closing. Exemptions if shown herean are net applicable to school taxes. Search does not guarantee against wry claim resulting of levies of restored tax. The returns are guaranteed to District, Section, Bieck and Lot. This search is prepared exclusively for INTRACOASTAL ABSTRACT on 05/17/93. P N �1_ • A i I J� r � W , N 1/ ,J N 1 T •• C '• � flyr / � ' � /Na N ~1 ' " � ' 1' •, 1, a 19 �+ 1 ^ice X0 tn ol AmN I le ,OQ 1{� •lo O Win• ,0 O7cto I NN r wwrf y P H •{ Y ..{. y� 1 ......U L O/• r0 �4 'y- ' ` N _ �0 ^ 1 s a 3N Title No. 953-0485 MORTGBG= DISPOSITION 1) Mortgagor: Gerald P. Rafferty and Louise G. Rafferty Due, Mortgagee: The Chase Manhattan Bank, N.A. Interest $, Payable Clauses: days interest days taxes and assessments Amount: $660,000. 00 Dated: 7128189 Recorded: 8122189 Liber/Reel: 15359 Page: 348 These m rtgage returns, unless the mortgage is to be Insured, will appear as exception from coverage. The information set forth herein Is obtained from the reco ed instrument. Sometimes, the provisions of a mortgage are modified y agreements which are not recorded. We suggest that you communicate with the mortgagee, If you desire any additional information. If there as been a change In the owners and holders of the mortgage, such informat3 n should be furnished to us promptly to enable further searches to be made. N ASSIGNMENT OF MORTGAGE 1) ASSicynox The Chase Manhattan Bank, N.A. Assitmee Citibank, N.A. , as trustee Dated: 9118191 Reco ded: 11126191 liber 17189 page 235 AB TRACTER ' AORMATION SERVIR. INC 138-72 QUEENS BOULEVARD BRIARW000, N.Y. 11435 (718) 291-5900 (516) 742-2290 (914) 761-4451 FAX (718) 291-6681 CERTIFICATE OF OCCUPANCY REPORT DATE: 0 /17/93 " TITLE NUMBER: 0315-953048 PREMISES 9205 SKUNK LANE, CUTCHOGUE TOWN OF 5OUTHOLD COUNTY OF SUFFOLK DISTRICT: 1000 SECTION: 104.00 BLOCK: 03 .00 LOT: 016. 000 DST: 1000 SEC: 104.00 BLK: 03 . 00 LOT: 016.000 A SEARCH OF THE RECORDS CONDUCTED BY THE DEPARTMENT OF BUILDINGS R EALS THE FOLLOWING INFORMATION: C I SUEDED 07 07/11/69 P IT# 4187Z PRIVATE ACCESSORY BUILDING (SAUNA AND BATHOUSE) PSE COS ISSUED 06/16/86/16/89 1 FAMILY DWELLING AND 2 ACCESSORIES The purpose of his report is to provide the legal occupancy as per latest c/o on file. A complete history of all filings and copies of same or the above parcel is available upon request for an additional fee. ' The search is p epared exclusively for INTRACOASTAL ABSTRACT on 05/17/93. ' • FORM NO. 4 % • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy =:. . . . . . Date . . . . .Jatly. . . . . .11... . . . . . . . .. 19 G.Q` THIS CERTIFIES that the building located at . . lAag.Ayenue. . . . . . . . . . . . . Street Ma� No. . . . . . . . . . . . . Block No. . . . . . . . . . .Lot No. . . .Cutchogue, . �?eW. o;k. . , . . . conforms substantially to the Application for Building Permit heretofore filed in this office dat Id . . . . Febryary, . _ .19.,., 1965. . pursuant to which Building Permit No. 4.9.87. 3 . dat@d . . . . .Fe.ruazy . . .19.,. ., 1963. ., was issued, and conforms to all of the require- menIts of the applicable provisions of the law. The occupancy for which this certificate is issu is . . . . . .Pritr3te. .acce� ory. 34� ] djrig. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . The certificate is issued to . .Sohn .u. Paula. Scheel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suft lk County Department of Health Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector ` ouse 9205 Bay Avenue FORM NO. E TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ti BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N�- 4187 Z Date .............................. ... ...., 19.e Pe ission is hereby granted to: 71 p ? �� �/� �>`Y✓! / n ...............................................................1.... ....................................................:! ✓.....I......... to ( �+� a ..... .........................................f......�..y..ce..Z................ 1........... ...................................I............... ............ ........................................................... at premises located at .......................................�....... ........................................................................................fil...!!.. rGs ...:........................ ........ ................................................................................:................................................................. ey pursunt to application dated ................... / ....................... 19...../, and approved by the . Buildi�g Inspector. Oj Fee $J....................... y%P .�O. LGi►.............. Building Inspector ^ . . ___ • FORM No.4 % • TOWN OFSOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. w PRE ' Certificate Of Occupancy NY 1 z 18 1 I9 Date . . . . Amoe. . .14 .. .1989. . . . . . . . . . . I THIS CERTIFIES that the building . . One, family duelling and accessories Lg cation ofProperty . . . . . o.9205 SKUNK LANE (Bay Avenue) CUTCHOGUE House N . . • • • * * • - • " • ' * . . . * ' • Sireet • . . . * . . . . . . . * . . . * ' - *Ham/er County Tax Map No. 1000 Section . ... ]04_ . _ , , .Block . . .03. . . . . . . . . .Lot :. . . 1 6. . . . . . . . . . . Su Ibdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . REQUIREMENTS FOR A PRIVATE ONE—FAMILY DWELLING BUILT PRIOR TO conforms substantially to the 7ErSD7D%fBYz BR StSSFER&&giA&aSiF�Flti3�8 t8� CERTIFICATE OF OCCUPANCY APRIL 9 , 1957 pursuant to which BROIHiES X1XffYSNo. Z 18.1.1.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . datedJU . . . . . .NE. 16, 1989 was issued, and conforms to all of the requirements of JJ . .qhe applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . ONE. FAMILY DWELLING AND 2 ACCESSORIES. *** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tli�certificate is issued to . . . . . AANET T. SWANSON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner,19d03XXf7RU of the aforesaid building. Sufgolk County Department of Health Approval . . . . . . . V#. . . . . . . . . . . . . . . . . . . . . . . . .. . ... . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . p(A. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLtlMBERS CERTIFICATION DATED: N/A ( ALSO B.P. 4187Z S C.O. #Z3543 FOR BATHOUSE WITH SAUNA *** SEE INSPECTION REPORT Butldmg Inspector .� _.. •' BUILDING DZ�'3T=T* - - - - TON OF SCUTSOLD, N. Y. . F.OUSEM COD.:. I-SPECTION R__rORT Location 9205 SKUNK LANE CUTCHOGUE �n=oer a street) kfaun-cipa"ty) Subdivision Hap No. Lot(s) - •_-- Name of Owner(s) JANET I. SWANSON Occupancy 1-1~ TENANT (type) owner-tenant) Admitted by: MR- BEEBE Accompanied by: MR- BEEBE Key available Suffolk Co. Tax No. 104-3-16 Source of request wM- M. BEEBE Data 6/13/89 - ' Tyne Of construction WOOD FRAMED, STUCCO FINISH fStoYi25 2 Foundation POURED CEMENT Cellar PARTIALCrwdl space xx - - - Total rooms, 1st. F1 3 2nd. Fl 3 3rd. Fl Bathroom(s) 2 Toilet room(s) ._ Porch, type Deck, type Patio, type SLATE Breezeway Garage Utility room -: - - - -_ Tyne Heat OIL FIRED "Warm Air Hot•.rater ax - Fireplace(s) 1 No. F-cits 3 Ai.rconditicninp -� - - Domestic hotwater YES Type heater TANKLEss - - Other OUTSIDE SHOWER. HAS A SMOKE DETECTOR. ACCESSORY STRUL. Garage, type const. 2 oar wood Storage, type corst. SMALL WOODEN Swi ming pool Guest, type canst. Other BATH HOUSE WITH SAUNA--B.P-/4187Z with C.O.03543 VIOLATIONS: Housing Code, Chapter 45 N.Y. Statg niform Fire Prevention _ - - 6 B +ld'na Cod - - Lncation I Description IArt. I Sec. NO VIOLATIONS CH 45 N.Y. STATE UNIFORM FIRE PREVENTION A BUILDING CODE I I I I I I I I .r Remarks: =_: Insnected by: ? Date of Insp. 1DNE 13, 1989 CURTIS W. HORTON -Time start 2:3o end 3:30 CE K Go 9 01\ } a \�� _ . _.. ..,.....��1 OLD CHANNEL ` ,.•• °I -O . . _ i ••, M.Ir•JD•40•M. iE�•1S 50 W. Tom.. I1�91• .... XJD/[ • 0. CC �.. AREA 3.1063 ADrea LLI W W b a. .p p [u[• 4[•u ~ Gw O Z O 0_ SURVEY OF PROPERTY '� - I •oJ'zo•W. AT PECONIC BAY AVENUE TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. - •_••••J a ry.JD v rAr 1000 - 10• 03 fi r LL1Ls.r w,••[�J.J.Dr SCALE 1•• SC' h••i r L.9.1Y..PW![�Yr - - O[•/.��•r� MAY 24, 198? W x ,[Lf{��-WAksiaq .lf EYOl15, M1 C. I.O.EOI 909 /( i I' 1 -1- 36*3 10G�a1 $d{v)GCS i.•"' lJlaa IaI�-C.1 d.. l �• .....a>a-. J.�po::c( :: l .. ., c:-)y< :: 1 : I/uC aa-a` c.l.a: =Cllcrf 9) 3 y Zfwc arc cu CCently residinq' ei the premises herein and have 1 , not at any time been a patient in a nursing facility- facility 4 for mentally retarded- or medical institution. •+bile reeeivinc medical aid Crom the Oepartrent Of social services_ 1 I/We make this Affidavit to ir_duce Intracoastal AbSEca=C - Conapany to -issue its policy if title insurance_ - sae hereby, agree co indemnify Znttacoasrzl Absceect Company for all loss, cosy or damage which it. may sustain as ai zesivlt of any sbremgnts_;n rtsis Affidavtn4 f3�S�-iar:' f 1 ,vor# to before me this day ;3992 - _ � 1 _ 1 . f : - 1 ---- -----------------------------------x RECEIVED IN THE MATTER OF THE CLAIM OF JAN 4 J995 clot GERA D P. RAFEERTY and LOUISE RAFFERTY, fpWll Clefll wowd -against- NOTICE OF CLAIM THE OWN OF SOUTHOLD, NEW YORK D V -r'- .!N 9 1995 TO: ERK OF THE TOWN OF SOUTHOLD, NEW YORK •- - EASE TAKE NOTICE that Gerald P. Rafferty and Louise Rafferty, do hereby make laim against the Town of Southold, New York, and in support of such clai do herebv state as follows: 1. The post office address of Gerald P. Rafferty and Louise Rafferty is: 3 Devon Road, Rockville Centre, New York 11570. 2. The name of the claimants' attorney is: Richard J. Cron, Cron and Cron, Main Road, P.O.Box 953, Cutchogue, New York 11935. 3. This claim is against the Town of Southold for injury to real property, viola ion of rights secured to claimants by New York State and United States Const tutions, and State and Federal Law, and, upon information and belief, consp racy to deprive claimants of their lawful right to the full use, benefit and ace and enjoyment of their property. 4. The nature of claim: between August, 1992 and October 8, 1994, and therefter, the Town of Southold through its employees and its elected officals, to wit: the Board of Trustees, Town of Southold, has acted separately cc: Town Board Town Attorney Chief of Police Stype Agency , TZW9�. F. Mullen,Jr. L stees • • and in concert with certain Town residents to wrongfully, knowingly and with malice deprive claimants' of the benefit and peaceful use and enjoyment of property located at 9205 Skunk Lane, Cutchogue, New York, and to harass and intimidate claimants from the exercise of their rights secured by the New York State and United States Constitutions. The claim has arisen by the Town offic als, upon information and belief, secret and illegal meetings and private meeti gs with individual citizens concerning the claimants' property, and the deli rate conspiracy among Town officials and employees to violate the clai nts' property rights by illegally and unlawfully claiming a superior right and title to undefined areas of the property of the claimants. 5. The items of damage or injuries claimed are: deprivation of clai nts' rights to the peaceful use and enjoyment of their property, the cost nd expense of defending the illegal, unlawful and improper actions of the B and of Trustees, Town of Southold, and its individual members, the taki of claimants' property without just compensation and punitive damages for t e violation of the claimants' civil and constitutional rights. 6. By reason of the foregoing acts and misconduct of the Town of South ld, claimants have sustained damages in an amount to be determined upon he trial of this action. Dated: Cutchogue, New York January 4, 1995 rald P. Rafferty and Louise Rafferty by Richard J. Cron -2- x IN THE' MATTER OF THE CLAIM OF GERALD P. RAFFERTY and LOUISE RAFFERTY -against- VERIFICATION THE TOWN OF SOUTHOLD, NEW YORK X RICHARD J. CRON, being duly sworn, deposes and says: I am he sole member of the firm of Cron and Cron, attorney of record for GERAL P. RAFFERTY and LOUISE RAFFERTY, the claimants in the within action. I hava read the foregoing Notice of Claim, and know the contents thereof; the same Ls true to my own knowledge, except as to the matters therein states to be al eged on information and belief, and as to those matters, I believe them to be true. The reason this verification is made by me and not by GERALD P. RAFFERTY and LOUISE RAFFERTY is that neither party is within the County where I maintain my office at the time this verification is made. The g ounds of my belief as to all matters not stated upon my own knowledge are a3 follows: documents in my possession and investigation of the matter. Richa . ron Sworn to before me this 5th day of January, 1995. tart' ubli JAMES J.CRON Public,State of New YarL No.4739256 QualiFed in Suffolk County Com fission Expires February 28.JW lunched N.Y.a.T.V.Fenn !!@_d"M —aarpin and Ale need,r11F G.mmu apimr"nn,., Am—IndLFI°al nr Grpn„Fm. "Ingle Shen, CONSULT YOUR LAWYER E[FORE'SIONINO THIS INSTRUMENT-THIS INSTRUMENT SHOULD[[USED[T LAWYERS ONLY 7Myy " THIS INDENTURE, made the 27A day of ✓� nineteen hundred an�ighty—nine Fie BETWEEN JANET T. SWANSON, residing at 1995 Ryder Farm bane, Orient, New York party of the first part,and GERALD P. RAFFERTY and LOUISE G. RAFFERTY, his wife, both residing at 31 Devon Road, Rockville. Center, New York i I party of the second part, WITNESSETH, 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 successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows - BEGINNING at a point marked ,by a concrete monument in the northerly line of Bay Avenue where the division line of the premises being described and the land now or formerly of Martin intersects said northerly line of Bay Avenue; RUNNING THENCE along said land now or formerly of Martin, North 4" 07' 00" West 200.00 feet to a concrete monument; THENCE still along said land now or formerly of Martinr_ North 110 24 ' 30" East 202 .00 feet more or less to the general center line of "Old Channel" ; THENCE along said general center line of "Old Channel" , as same runs westerly and northerly 240 .00 feet more .or less to the by am" southerly side of a Dredged Channel; THENCE along the southerly side of said Dredged Channel , South 65 " 06' 40" East 100 .00 feet and South 73" 09' 50" East Efle feet to the ordinary high water mark of Hog Neck Bay; fouo THENCE along the ordinary high water mark of Hog Neck Bay on tielines the following two (2 ) courses and distances ; �dro (1) South 8° 15 ' 55" East 156.80 feet; (2 ) South 3° 32 ' 14" East 144 .93 feet to land now or formerly of Ball; THENCE along said land the following three (3) courses and Dl/6 distances to the northerly side of Bay Avenue; ( 1) South 84" 13' 50" West 211.21 feet; (2 ) North 81° 49 ' 40" West 154 .93 feet; %twit - ( 3) South 4" 07' 00" East 180.00 feet; THENCE along the northerly side of Bay Avenue, South 87" 01 ' 2011 West 25.00 feet to the point or place of BEGINNING 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; 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 O HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of Q 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 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 an any other purpose. B y part of the total of the same for ;The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. 1 IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. r IN PRESENCE OF RECEIVED ? $ FIEAL ESTATE ; L.— W1LLI/L'A�a.1101-.f R E C O R YO AUG 22 1989 u-- I Pun 33J • • 1 Peconic„ WY 11958 1995 �• �" "y+S copies of the enclosed shoilld go to the Trustees Town Attorney, mown Police , Southo onstable , Southold Town Board c/o Southold Town Clerk Southold Town ]fall Main Road Southold, NY 11971 JUL 1 0 19�5 TOWN OF SOUTHOLD RECEIVED JUL 1 0 1995 July 7, 1995 $oulhold Town Clerk TO : Southold Trustees , Southold Police , Southold Bay Constable , Southold Town Board �n re Gerald Rafferty I enclose a copy of a letter sent to Mr and Mrs Rafferty and their attorney of records in re a Notice filed against Southold Tpwn in January of 1995 (available in Town Hall) . Mr. Rafferty's property is not disimilar from where I used t live with many of the same problems . His conduct is very similar to mine and I should have sympathy with him, but really d n ' t. T ere is a complex series of facts and events in relation to h' s claimsand desires of keeping the public off ' his ' property s me of which are noted in my letter to him. His property also involvs commoner 's - dredging - and other t ings . He was denied permission to put up a fence - and I am n�t sure that to denial may have been a poor decisin and in fact a wrong one . However, my main complaint was/is that Mr . Rafferty was h rrassing, threatening - and most importantly not honest. I ask that this letter be given to the named persons and the Town Attorney in relation to any possible lawsuit. Obviously, with differing opinions , his having peole arrested a d the problemful ' facts ' of this case, it would be helpful t clarify some of these matters . P B 33, Peconic , NY 11958 y A s 5 6 765-3229 ' O 4,� July 7, t995 and Mrs. Gerald Rafferty 9 .05 ;skunk Lane Ct tchorue , NY 11935 °' cc�P yi a.ttorneY Kron , Southold Todrn iT On .hily It, 1995 someone I presume was Mr. Raf harressed 711 (m.;, term, ) when i i+-.s sittinr; on a bc.�oh and drying my cleths 7ar the mouth of Little Creek , Ciitchopiie I believe that subject -to hie actions and also , of course, t e truth of his personal allegattas , Mr. Rafferty could and p rhaps should be charged with harrassment. mi .l mote especially that he intenti_onalli, male a variety of sstatements including stating that the Jouthold Town board 0fTrustees agreed with him that he owned to the midpoint, bottom, of the mouth of the chafAne.l at Little ^.r. eek . fie .oleo stated that he had full insurance 1.iahi.l.iL•r in that r. eai rd -h 1e the Town had limited liability - and , therefore , that i_s whII tie would have me arrested if I did not leave . fie also St ted that he had arrested nrid <sr,ccr.—sfull,y prosecuted s venal people ". In checking; the truth of hiq statements I find that the current Tristees have taken the opposite position from that stated by Mr. Rafferty and have expressly told him that. I have found tw different deeds , the newer one certainly being less clear in this regard. I sturgest that until his position is confirmed in court, that Mrl Rafferty refrain from harrassing people who stay below the Sins . Re could perhaps create a document that he could give p ople stating his and the Town' s position. I have reviewed h' s Notice of Claim dated January 1995• I am serving notice on him and the Town thatthere is a problem and that if there is a repeat o this incident, I will seriously consider charging Mr . Rafferty with harrassment. Jody Adams P�J8 33, Peconic , NY 11958 765 - 3229 ? I r � r F i� ell m Cal- S it NECK HOG _ S. 3.3214' 8�j5.55• E. ��' S. VI tA- lb / qe� 1 �a I1 �' C d N 4i / I g� O / ' � 1 I e�� c O 0 4v7 I = �° L I JmGG O�� I I � •• / Ae ;y , 36.0o 2 L V w Ji IJ 1-7 r 0 ' , r _____ _,.�•- y^- ,�� � � �1 ., a � i P1 T,Tn T L 1 fe:ice - .. .,.-•- . • ' __,_ - � �' r1 �°`� �ri z^law_T39 /"Cr r m\ 1�^..,:e,1'� wr f.0it I m U1 C i\A or9 t M o !,r^ 1 µr+ ,i ILI 3 / 5 f} We46 N S• C F co U N T Y Of 5af FQL K. - r DE PART NE Al Of Pad L./C wdAr A;i 5 . A a � a N N N N f{. H. H /9 AA A? ERER ' LOHA41YS/0N ER YAPN R At , AJEW YdRK . 0 p o p t o p o � a °y ry ti a a k t MAP SHOWING TABLE OF /$ E N CH MA RK5 - �a �„ B- MAF/ SNAILS g STA , ${OO OFF 36 Rr. IN P/LE /N �, y a Ex/SJINq SDRFAfE PROPOSED DREDGING IN o� o° ° " f NORTH EAST LeRNER Of STA/R LANO/N!, 30-2 ' PP � I LCREEK NORTH OF 50uTH E,d 5r e"NER 'e BLKO° d9 ' `e T T SOUTH Of NOR JH EAST CORNER R BLKD, /0 ' G NOR rON / ` } _ SDurH EA5r Of /$" OAK TREE, /Ar LAWN -T' BACK Tom_ o`•"• •e 2 o AN10N Ru«� '49E4 10 dE/ 5<OPc / AND Of BLKD., ELEV. 16.721 M.L. W, �9 v Y / Ou3 //. - I cdNC NON. s a —� LITTLE PECO B.M Z 3 N4115 RE STA. 7{4a t OFF 33. 7 ' RT s `✓ HEAD N I C BAY ( IN /3[K D� // EAST OF CONO• W444 , 391 NORTH Of e "!''$ Sd ' T4 75 ' 'a . ' A5 SHOWN. 3M. R /. bb.d / SOUTH OF STA/R ENTRANCE AA}��A'fL ' __�_�I. "tr;.�' \ y c `' rYPIeAL CHANNEL 5ECT / ON, TOWN Of SOUTHOLD ELEV 9. 5Z 5-' M-L• P(/. P D$° m+ - -,xg . — . B.M. STAFF 3 NAILS SrA F/ON $ { /S-rOFF ZSLL /bD5 PUPNIf 0 '�p � STAT/ ON I+J{OO TD STAT/ON /Z {00 SUFFOLK COUNTY IN 50D TH £AST CORNER OF DdcK } b/.Q'EAST Of /P NO JE+ NO SPOIL MA7ER/AG SLAT/ON OiOOr TO r 1•" � PERM/JrED ON MEADOWS STAT/ON /6 { QQ_ 7g ' N. E. Of Sou7H EAST CORNER OF 81XD.J �. c4MM4NER5 !MARE S NEW YOR K Z4.4' EAST Of SHdRE L/NE. q r - o e ROSAL IND C Ppi� 16. C� ' O -` 's-+ - - a .y \ SPOIL AREA TO 9E FILLED N SCALE 1 ". 2. 00 / E 4E V, b. ZO ' ,0 /^\ v •+ NE NEL L. /\ / ^ •, P + o , _ v FJftsr qs OJR EC TEO BY B.M PONC. MON. zF / $ 5rAr10N Z30Zy6 ON p ELEV. LOO'M.LW THE EN6INEER. �5AN0 ONLY r C / \ °AR P 6 5 + + O '•,�+ � 151 v" ana j y5, O00 B„y, CONC. A1ou. ri R 37AT/ON. /6{/Y-S ONJ ELEKryd'.uL•w 'O CPA61;pL5 Rp• a %� / 1 29i, Dad B. MdN. BROADWATE RS A1. "$.' � STAT/ON QZ J'BS EONC. p pA ' ;,•' II v .^ s.A , 60NC. MOH• W 3/4 AROD 6/.b' SOUTH EAST dF END POST OF ti �R6 °,r5 W6E / �5 ;�v: Jz d r3-s 1T I -,. 0.7 ,,g 1 f i' A' cD�,{f�P. P.O / .. .a_ J-4 1.8 ROW Of 8 POST$ ON EAST 5/OE OF IfJA50N OR/YE AT bc, % A M ,± + r/ o'•uc Ai fZ.l ar.9 + Ja f, -,d Ao I , a'/ / L� \ /. 5PAD{ 9;t � I - +3 ] T !.E RELOMMENED 9Y : 96GG ENO Of 5rREEr. 5LFY, 3, 95' M.L. w yt JD y �gi ® ONAG aq !x-9 rz,9 '' . 6. >L6 rx T / LS .# Ad , O.r JT f 3' GATE O AR NEY EYA N5 PR IN C/ PAL ENO IN EA A E E W f! 1 11.3 - 3.3 f.S tl �AqA A„AMO ', s r _J. rY9 rr./ ` r Ix.9 / ' JJ OOi = D ✓ ISON dF WA r ER NAY 5. cAA CylEc� wr _ ' 18 �ENL dAAv z:4 fLt + ..I 1615 RIC + e•• ._�. - f1.8 fJJ r°'/ rJ-/ .l l *a./ Z.O IDD D Io0 AP PR OVE. O 9Y : pA TE rz.S " • Y ''O 1J'9 4p Ly i Fey—� l✓ S. MATS ON A''YE \i+• �a r 1 1g +/ y z- y I, / 1 !3 f.4 - _ S C A L E IN ,7R L N/E F E N G / NEER. FEE/. it SPEW a \ MLR pdW %.n _ x.G 6M1'e, m'•rTA. rr.1 N.d Ad +sq rod h•' f, stf-g fAf �I r �,'r "1., APPROVED BY:- �• //[ • L� / TAB L E OF COO R D /NATES ANO TR/AN6ULAT/ON STA7/ONS. \� — _ L is « IA : n.- s / 1T'1 4 s rE,g /f 3 r4•6 fj Z DATE �' b6 R, •J,O rJ.O { R- M. KAMM E R £ R STAT/ON (FJ GOORD/NATES (N� DES6RLPTIONS PI,6L \O�PMD a O , '_ r r . x.• ':.> r4.4 •f.3 '43 7 p, r'c A'3 _ LdMM/ 55IWdRK S _ Of Puxzuo Q Iz. u4 rc./ .4.0 c.z '7 zs NEL /{ Z, 416,/1,6d/ Z9/, ➢18.6/ 5r4NO49D D/SX IN -dN0. 1N5LK/8E0 NECK 6PA,0 GE e' .r.0 © f.J PO ! 1933, Z" 64LOW 'ROUND 73' SO UTN OF NORTH RSA tf �/ a _ '4t RDAD LINE t SD. / ' NORTH EAST Of L. AL. CO 06E, p Lµ AN MAN0 a 8N `• d•N AICN I E ❑ ® c� N LEE DENN, SON CODNrY E M ,DATE day Pd LE. d 8.5. , /Z.¢ ' SdulN OF 4" CEDAR, YPPP4L p FR IW Fg. ��� ?• ,. :. /41Ilf /d.2 ' NORYN E P z3rry,f �y ' xEeu rr vE . 8.2 ' SOu7N E.45r of S" CEDAR, .p d/ R LD /b y EAST of 4" TRIPLE OAK ZO. 50 ' SOUTH T LR /G R ` I S 83' S4'03.6"E / ' �l _ Q } 1 FREP �I �f� Da�'� 9 t EAST OF SDUrH WEST CORNER OF BEADJ' Lj R"OAfAO / S/RAOER '^ ,--��,r��J s 9 °4 m LAVATORY 9L06.J Z6-SS' SourN WEST OF °0f 0 �ov koo'8A LEAN \ /F' AD q9 ti APPRO VEO 8Y :- ' ?92,000 SOUTH EASF CORNER SAME BLOC, • Ufcx DATE 9 /Li(• G ` STANO <Ey. V // STE RM. ALdER rSDN SUPER ✓ /SCR 29Z, 000 MAP OF NASSAU FARMS . '� PP �' b \LF /' 1I },1 a $OFOOdO z,4z6,i6a 7B zy3,480. 20 CONd NON 43•/9' SOu rN EAST OF 5OurN EAST FILED 45 MAP No 1179 5SP THE,DARe Isr � ,W,I �� o rdwN dF EDurrJOLD. PO L CORNER OF FLOWER ROx Ar Sdu rH EAST MARCH Z8. 193s. ANNA �f. A. '• ^Y.. .1 a M a O 'L CARR EIWJEG AND - I`L LOR N E A - , 95. 34 ' SOUTH EAST Of NORTH EAST CORNER FLOWER BOX} 37 ' WEST OF yae .._� WATER ON /Z, /' EAST OF K FENCE POG r, A 'YP 3_ �}• i ,= t, MATER /A < TO 5E OREOG ED CONS / STS Of A MIXTURE OF SANG , • N GRAVEL , SI < T , CLAY AND MUD/ W/TN AN OCC ASJ / ONAL EAST OF L I. L. Co. POLE N /6 L.A ' NOTE D/KE TO dE` / eft/sJ/ NG SURfACE AND SOME DE$ R /5 - SOUL DER ,.� Ir 80/LT AWAY FRO s C fY / D ? BD<RNEAD _ brt$.3 1,4Z6,70B•62 L'JZr 956.30 LONG. MOH. 36.06 'E ASJ Of NORTH EAST CORNE \ - N f COdRD /NArE Y x C [[" ` n '•` }�„q/rv,,,,i I} \ S ARE BASED ON THE LON / GgND SYSTE OF R $LKO•, Hb. 4B' EA57 Of NORTH EAST LO I 0 1 / \ " G 5 AN6L Ag1G i J + 3• ., CORNEA OF Ndd56 , 65. 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L1 LITTLE CREEK . p �- rd A' N Of 5011 rN 0L 0 . s DiQ I FD . ss' yqN p_ r�-, GFD C ,• p �� a NE 4YPIX��a N r s N IN A)'(40 _ ri ., •- O mop. � {nd IN a 3,7" 1731J _ _ - - - - K h1 ot�, / �e e Z dnveW�y' { ti zo�ry Q� �� , f°d SURVEY OF PROPERTY Qe M apse na. 211.21' AT S. 8413'50' W. PECONIC TOWN OF SOUTHOLD r`� shE g N/O/F DONA�O J. BA« ELLEN B. BALL SUFFOLK COUNTY, NY Z 4 n.A e x WO - 104 - 09- 16 m Scale: 1"= 40' m MA Y d. AUG. 24, �994 (scale revised) � � I AREA = a 10M Acres to tie lines A � 6 1994 pUG n ' CERTIFIED O p CHASE MANNNHATTAN BANK NA `sf� -��LU INTRA COASTAL ABSTRACT COMPANY INCORPORATED 785.00' moo {,.e- /N1.MFf G,fl S. 87'01'20' W 25.00' AVENUE ANY ALTERATION OR ADDITION TO TFMS SURVEY IS A VIOLATION BAY OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW tid N.Y.S. LIC. N0. 496/8 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTM7CA'T70N5 HEREON ARE VALO FOR THIS MAP AND COPIES THEREOF W E ' SAID MAP OR COPIES BEAR THE MAFRESSED SEAL OF THE SURVEYOR EC VEYORS, P.C. WHOSE SRWATURE APPEARS HEREON (516) 765 - 5020 ADDITIONALLY TO COAFLY WITH SAID LAW THE TERM 'ALTERED BY' P. 0. BOX 909 MUST BE USED BY ANY AND ALL SURVEYORS UT/LIZW6 A COPY MAIN ROAD OF AND TWA S VE OM MAP. TERM � WITH���'A� SOUTHOLD, N.Y. 11971 • 89 - 270