HomeMy WebLinkAboutHJS Land & Development Corp
REOINAl.D C. SMITH
ROBERT W. TASKER
PIERRE O. LUNDBERG
HOWARD M. FINKEI.STEIN
SMITH, TASKER, FINKELSTEIN AND LUNDBERG
ATTORNEYS AND COUNSELORS AT LAW
42~ MA.IN STREET
OREENPORT, N. Y.
GREENPORT 7-1400
ARTHUR H. LUNDBERG
COUNSEL
January 11, 1966
Hon. Albert W. Richmond
Southold Town Clerk
Southold, New York
Re: Eastern Shores Subdivision
Dear Albert:
I enclose herewith deed dated December 14, 1965, from H. J. S. Land and Develop-
ment Corporation to the Town of Southold which conveys a parcel containing 1. 1
acres adjacent to land of the Village of Greenport on Long Island Sound with a
frontage of 250 feet on Long Island Sound. The deed was recorded in the Suffolk
County Clerk's Office on December 24, 1965, in Liber 5883 of Deeds at page 400.
Also enclosed herewith is a release of part of mortgaged premises dated
December 14, 1965, from the North Fork Bank and Trust Company which releases
the premises described in the foregoing deed from the mortgage of the North Fork
Bank and Trust Company which release was recorded in the Suffolk County Clerk's
Office on December 24, 1965, in Liber 5883 of Mortgages at page 396. Also
enclosed herewith is agreement between Eastern Shores, Inc., J. M. S. Land and
Development Corporation, H. J. S. Land and Development Corporation, F. H. S.
Land and Development Corporation and the Planning Board of the Town of Southold
with reference to the above described premises which agreement is dated
December 14, 1965, and recorded in the Suffolk County Clerk's Office on
December 20, 1965, in Liber 5880 of Deeds at page 235.
These instruments should be filed in your office.
Will you please acknowledge receipt of the same by signing and returning to me
the blue copy of this letter enclosed for that purpose.
Yours very truly,
~~CC/ ~~
ROBERT W. TASKER V
RWT:MY
Enclosures
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. . ~ ~/. __Standard N.Y:B,T.U. Form S007-10M-9-63-Bargain and Sale Dted, with Cd'venant against Grantor's Acts.;-IndividUJ1 or Corporation.
11 ~0(~." ~ CONSULT Y~U,R LAWYER .IEFORE SIGNING THIS INSTR. UMENT. THIS INSTRUMENT SHOULIIIE USED IY LAWYERS O{
CP"~v UBf:1i 5883 f~U 400 .. yG-C '
r /. THIS INDENTURE, made the / r; clayof ,-,ember ,nineteenhundredand sixty-five
/1 . BE~&N I.
H.J.S. LAND & DEVELOPMENT CORP., a corporation organized under and
existing by virtue of the business corporation law of the State of
New York, having its principal office at Middle Road (no number) ,
Greenport, New York,
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party of the first part, and
TOWN OF SOUTHOLD, a legally constituted township located within
the County of Suffolk, State of New York, having its principal
office at 16 South Street, Greenport, New York,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
Ten ($10. 00) ------------------------------------------------- dollars,
lawful money of the United States, and other good and valuable consideration paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, Kialxb~lGX/k.lUIpt~:tbiKlfR{Mlftti, situate,
lying and being iJUbe near Greenport in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at the ordinary high water mark of Long Island
Sound at the northwesterly corner of land of the party of the
first part and running thence along said ordinary high water
mark, N. 350 33' 30" E. 250.00 feet; thence along other land
of the party of the first part, four courses as follows:
(1) S. 540 26' 30" E. 155.39 feet; thence
(2) S. 300 17' 40" W. 190.49 feet; thence
(3) S. 50 19' 50" W. 65.00 feet; thence
(4) N. 840 40 I 10" W. 175.00 feet to land of the Village
of Greenport; thence along last described land, N. 20 37' 00"
E. 100.00 feet to the point of BEGINNING. Containing i.l acre,
more or less.
TOGETHER with a right of way running from Middle Road (C.R. 27)
30 feet in width to the northeasterly corner of the premises above
described, the westerly line of which said right of way shall be
located approximately 150 feet easterly of the westerly line of
property of the grantor herein as said property is described in
deed made ~y Morgan Guaranty Trust Company of New York to H.J.S.
Land & Develo~ent Corp. dated December 19, 1963 and recorded in
the office of the Clerk of the County of Suffolk on December 27,
1963 in Liber 5474 at Page 61.
BEING AND INTENDED TO BE part of the premises conveyed by
Morgan Guaranty Trust Company of New York to H.J.S. Land &
Development Corp. by deed hereinabove mentioned.
AN AGREEMENT made between Eastern Shores, Inc., J.M.S. Land
& Development Corp., H.J.S. Land & Development Corp.,F.H.S. Land
& Development Corp. and the planning board of the Town of Southold
of even date herewith and intended to be recorded simultaneously
herewith, among other things recites circumstances under which
the above described right of way may be replaced by a different
right of way for access to the above described parcel.
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l.lllEk 588;]P,AittW
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TOGETHER with all right, title and interest, if any, ?f the party of the first part in and to any streets ana
roads abutting the above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and. rillhts of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
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: AND the party of the first part covenants that the party of the first part has not done or suffered anything
I whereby the said premises have been incumbered in any way whatever, except as afores~iid.
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:11 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-
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: eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
I the same first to the paYment of the cost of the improvement before using any part of the total of the same for
,I any other ~se.
'I The word "party" 'shall be construed as if it read "parties" whenever the sense of this indenture so requires.
'I IN. WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
, wntten.
: IN PRESENCE OP:
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STATE OF NEW YORK, COUNTY OF
19
55: STATE OF NIW YORIl, COUNTY OF
19
, before me
On the day of
personally camp.
, before me On the day of
personally came
to me !<rown to be the ;ndividual described in and who
executed the foregoing instrument, and acknowledged that
execu~ed the same.
55:
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same. .
STATE OF NEW YORIl, COUNTY OF Suffolk 55,
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On the Iii day of ~ember .19 liS, befo~.e,me
personally caine Joseph M. Sc'hneJ.der .
to me known, who, ~ by me duly sworn, did depose and
say that horesidesat~ Middle Rd. (no numbe
. Greenport; New York ;
that he IS the Pr.~lIident ".
of H.J. S. Land & DeV~W~AAt.lI~li&ribed
in and which executed the foregoing instrument; that he
knows the seal of said corporatiO!l; that the s.eaI a/lixed
to said instrument is such corporate seal"; that it was so
affixed by o1'd<:r of the board of directors of said corpora-
tion, and that he signed h i sname thereto by like order.
5.TATE OF NIW.Y~RIl, COUNTY OF
55:
()n the day of 19 ,before me
personally came
the subscribing witness to the foregoing instrument, with
)whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that . he knows
to be the individual
described in and who executed the foregoing instrument;
that he," said subscribing witness, was present .and saw
execute. the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
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NORMAN E. KliPP
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SJ.~l\t ,v.h. . F~;i,! g034-3'lf-2.63-ReI.... of Part of II_aged Premi...
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT. THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONL
THIS INDENTURE, mad" the 14th day of December nineteen hundred and sixty-five
BETWEEN
THE NORrH FORK BANK AND TRUST COMPANY, a corporation organized under
and existing by 'Tirtue of the banking law of the State of New York.
havins its principal office at Love Lane (no number). Mattituck.
New York.
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party of thelirst part, and
H.J.S. LAND & DEVELOPMENT CORP.. a corporation organized under and
existing by virt.ue of the business corporation law of the State of
New York. havins its principal office at Middle Road (no number).
Greenport. New York.
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CIl party of the second part,
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... ca WHEREAS,. the party of :he first part is the holder of the following mortgage and of the bond or note
secured thereby:
MOltgage dated the 20th day of December ,1963 ,made by
H.J.S. Land & Development Corp.
to The North Fcrk Bank and Trust Company ~
in the principal sum of $ 59.058.00 and recorded in Iiber..k78 Jd:JfX1iaD
of mortgages, page 391 in the office of the Clerk of the County of Suffolk
on December 27. 1963.
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covering certain lands and tenements, of which the lands hereinafter described are part, and
WHbEAS, the party 'of the first part, at' the request. of the' party of the' second pirt; 'has agreed to
give up and surrender the hUlds hereinafter described unto the party of the second part, and to Iiold' and
retain the residue of the mO:igaged lands as security for the money remaining due on said
mortgage
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NOW THiS' INDENTURE WITNESSETH, that the party of the first Jlllrt, \n pursWll1ce of said agree-
ment and in oonsideration of .
Ten (~10 06)--~----------------------________________________
. " Dollars,
lawful money of the United States, and .other good and valuable consideration
paid by the party ,of the'second part, does.grant, release and quitclaim unto the party of the second part, all
that part of said mortgaged lands described as follQ,Ws: ALL that certain plot. piece or
parc~l of land. ,;i1;.uate. lying and being near Greenport Village,
Town of Southold, County of Suffolk and State of New York. bounded
and described as follows:
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UBfR5883 fA{f 397
BEGINNING at the ordinary high water mark of Long Island
Sound at the northwesterly corner of land of the party of the
first part and r~nningthence along said ordinary high water
mark, N. 350 3;3' 30" E., 250.00 feet; thence along other land
of the party of the first part, fou~ courses as follows:
(1) S. 540 26' 30" E. 155.39 feet; thence
(2) S. 300 17' 40" W. 190.49 feet; thence
(3) S. 50 19' 50" W. 65.00 feet; thence
(4) N. 840 40' 10" W. 175.00 feet to land of the Village
,<( of Greenport; thence along last described land, N. 20 37' 00"
C E. 100.00 feet to the point of BEGINNING. Containing 1.1 acre
more or less.
TOGETHER WITH a right of way running from Middle Road (C.R. 27)
30 feet in width to the northeasterly corner of the premises above
described, the westerly line of which said right of way shall be
located approximately 150 feet easterly of the westerly line of
property of the grantor herein as said property is described in
deed made by Morgan Guaranty Trust Company of New York to H.J.S.
Land & Development Corp. dated December 19, 1963 and recorded in
the office of the Clerk of the County of Suffolk on December 27,
1963 in Liber 5474 at Page 61.
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uUli58B3 f~'Gt 398
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets at.
roads abutting the above described premises to the center lines thereof and in and to any fixtures and articles
of personal property which are now contained in said premises and which may be covered by said mortgage.
TOGETHER with the hereditaments and appurtenances thereunto belonging, and all right, title and interest
of the party of the first part, in and to the same, to the intent that the lands hereby released may be dis-
charged from said mortgage , and that the rest of the lands in said
mortgage specified may remain mortgaged to the party of the first part as heretofore.
TO HAVE AND TO HOLD the lands and premises hereby released and quitclaimed to the party of the
second part, and to the heirs, successors and assigns of the party of the second part forever, free, clear and
discharged of and from all lien and claim under and by virtue of said mortgage
aforesaid.
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IN WI'rilESS WHEREOF, the party of the first part has executed this release the day and year first above
written.
i IN ~>;l!flI OF:
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THE NORTH FORK BANK AND TRUST COMPANY
By ~ . -r (.,,~
Helen E. Linto~, As~nt Vice Pres.
STATE OF NEW YORK, COUNTY OF
On the day of
before me personally came
...:
, nineteen hundred and
to me known to be the individual
described in and who executed the foregoing instrument, and
acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF
On the day of
before me personally came
...:
, nineteen hundred and
to me known to be the
acknowledged that
, -. '- -'-,
individual descriJjl!4 in '- and . who executed the. foregoing instrument, and
executed the same.
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STATE OF NEW YORK, COUNTY OF Suffolk ...:
On the 14th day of December ,nineteen hundred and
before me personally came Helen E. Linton
lIBEl( 5883 fAbf:m
sixty-five
..
....'.
to me known, who, being by me duly sworn, did depose and say that
!he resides at:No. J;leckwith Ave. (no #)
Southold, New York,
that s he is the Assistant Vice President
of The North Fork Bank & Trust Company
the corporation described in and which executed the foregoing instrument; that she knows the seal of
said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by
order of the board of directors of said corporation, and that s he signed her nilme thereto by like order.
~~~
UFFERTS PAINE EDSON
MCTAR.Y PUBLIC, State of New York
No. 52-1077685 ~ Suffolk County
r ... Expira March 30, .1961
STATE OF NEW YORK, <JOUNTY OF
...:
On the day of
before me personally came
, nineteen hundred and
subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me
duly sworn, did depose and say that he resides at No.
that he knows
to be the
individual described in and who executed the foregoing instrument; that he was present and saw
execute the same, and that he, said witness, thereupon at the same time subscribed h
name as witaess thereto.
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RECORDED
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DEe 24lil6!}, ,
@ ".~ i' !T' M.
HORMAN E. KLIPP
Clerk 01 SulIolk County
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L1BER 5880 pm 235
THIS AGREEMENT
BETWEEN
EASTERN SHORES, INC.
J.M.S. LAND & DEVELOPMENT CORP.
H.J.S. LAND & DEVELOPMENT CORP.
F.H.S. LAND & DEVELOPMENT CORP., all said corporations organized
under and existing by virtue of the business corporation law of
the State of New York, having their respective principal offices
at Middle Road (no number), Greenport, New York,
parties of the first part, and
PLANNING BOARD OF THE TOWN OF SOUTHOLD, a legally constituted
township located within the County of Suffolk, State of New
York, having its principal office at 16 South Street, Green-
port, New York,
party of the second part,
WHEREAS, EASTERN SHORES, INC. is the owner of premises
near Greenport, Town of Southold, County of Suffolk and State of
New York, as more fully described in deed made by MORGAN GUARANTY
TRUST COMPANY OF NEW YORK to EASTERN SHORES, INC., dated December
19, 1963 and recorded in the
office of the ~rk of the County
in Liber 547~t Page 57, and
of
Suffolk on December 27, 1963
WHEREAS, J.M.S. LAND & DEVELOPMENT CORP. is the owner of
premises near Greenport, Town of Southold, County of Suffolk and
State of New York, as more fully described in deed made by MORGAN
GUARANTY TRUST COMPANY OF NEW YORK to J.M.S. LAND & DEVELOPMENT
CORP., dated December 19, 1963 and recorded in
the office of th/,
1963 in Liber~74
Clerk of the County of Suffolk on December 27,
at Page 59, and
WHEREAS, H.J.S. LAND & DEVELOPMENT CORP. is the owner of
premises near Greenport, Town of Southold, County of Suffolk and
State of New York, as more fully described in deed made by MORGAN
GUARANTY TRUST COMPANY OF NEW YORK to H.J.S. LAND & DEVELOPMENT
CORP., dated December 19, 1963 and recorded in the office of the
..
. .
1I8ER5880 f^Ll23B
Clerk of the County of Suffolk on December 27, 1963 in Liber
~
at Page 61, and
WHEREAS, F.H.S. LAND & DEVELOPMENT CORP. is the owner of
premises near Greenport, Town of Southold, County of Suffolk and
State of New York, as more fully described in deed made by MORGAN
GUARANTY TRUST COMPANY OF NEW YORK, to F. H. S. LAND & DEVELOPMENT
CORP., dated December 19, 1963 and recorded in
the office of the
1963 in Libe~
Clerk of the County of Suffolk on December 27,
at Page 55, and
WHEREAS, it is the intention of the four said parties
of the first part to file subdivision maps including all of the
properties described in the above mentioned deeds in accordance
with municipal regulations therefor and in compliance with the
statutes made and provided for such subdivisions, and
WHEREAS, it is necessary for the said parties of the
first part to satisfy the existing requirements as to park and
playground areas in order to obtain approval by the appropriate
municipal authorities of such subdivisions, and
WHEREAS, both the parties of the first part and the
party of the second part are desirous of coming to an agreement
on a grant of land by the said parties of the first part to the
party of the second part in full satisfaction of the park and
playground and road construction approval requirements appli-
cable in subdividing all of the premises described in the above
mentioned deeds,
NOW THEREFORE, in consideration of these premises and
of the grant of land as hereinafter described, the party of the >
second part hereby agrees that the said conveyance will fully
satisfy the park and playground and road construction approval
requirements in connection with any and all subdivisions made
- 2 -
...
um 5880 I'AGE 237
on any and all of the properties described in the above mentioned
deeds. The said grant is described as follows:
ALL that certain plot, piece or parcel of vacant land, being
near Greenport in the Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
Beginning at the ordinary high water mark of Long Island
Sound at the northwesterly corner of the land of the party of the
first part and running thence along said ordinary high water mark,
N. 350 33' 30" E. 250.00 feet; thence along other land of the
party of the first part, four courses as follows:
(1) S. 540 26' 30" E. 155.39 feet; thence
(2) S. 300 17' 40" w. 190.49 feet; thence
(3) S. 50 19' 50" W. 65.00 feet; thence
(4) N. 840 40' 10" W. 175.00 feet to land of the Vill<ige of
Greenport; thence along last described land, N. 20 37' 00" E~
100.00 feet to the point of beginning.
Together with a right of way running from Middle Road (C.R. 27)
30 feet in width to the northeasterly corner of the premises above
described, the westerly line of which said right of way shall be
located approximately 150 feet easterly of the westerly line of
property of the grantor herein as said property is described in
deed made by Morgan Guaranty Trust Company of New York to H.J.S.
Land & Development Corp. dated December 19, 1963 and recorded in
the office of the Clerk of the County of Suffolk on December 27,
1963 in Liber 5474 at Page 61, the above described parcel of land
also being part of said conveyed property.
AND IT IS FURTHER AGREED by the parties hereto that the
right of way hereinabove described for access to the said parcel
is not intended to be permanent; that it may be replaced and re-
leased by the grant of another right of way in the future by a
right of way or road created in connection with the development
of another subdivision, and that when this occurs, the said right
of way above described will cease and terminate on the granting of
a new right of way to the party of the second part, which said
right of way shall run from the premises hereinabove described to
Middle Road (C.R. 27) through lands of the parties of the first part;
if- hQ<;'Bn,~", necessary l.n *
",LatiQJ:l.il en theBe 1'.1.,,- ~~f
hND IT 10 FURTWi:R l\CRElBD Ll.n...t. if
thE1 f1::1t.l:1r~ to.... LIlt::: Lvwu Lv ";'J,.u;;JLo.ll l,.,;uJ.u[V.L L
tpj'Tes, ....h::!lt iaAiEl ggp~+-YllC!tion wi 11 "hQ eenfiflse t.e t.h~ ~uu.Ll.Lw'l;;;g~
aOE'RL....
vI Ll.l'= proper'Cy, La:at: r1...... nTher
C!nna~r~ct.ieR ~n~ll hp nnne nn
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,
tlw rrQ.mia98, LI.La.L LIH:~ present natura.l s'C.ace uI Llu::: .t-'.LVl.-"~.r'EY linil"
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Chairman:;; ,
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'(h On the / <f day of ~~mber J nineteen hundred and s:\.xtY-'f:i~~:,IH\\j\"
before me came Joseph M. Schneider, to me known, who, being by me
duly sworn, did depose and say that he resides at Middle Road (no
number), Greenport, New York; that he is the President of Eastern
Shores, Inc., J.M.S. Land & Development Corp., H.J.S. Land & Devel-
opment Corp. and F.H.S. Land & Development Corp., the corporations
described in and which executed the foregoing instrument; that he
knows the seals of said corporations; that the seals affixed to
said instrument are such corporate seals; that they were so affixed
by order of the Board of Directors of said corporations; and that
he signed his nam:F:~::A~~o~ like o~rder~. >f'C2-
LEFFERTS PAINE EDSON NOTARY PUBLIC, Stote of NIM' Yerk _'" ./
NOTARY PUBLIC,' State of New, York No. 52-.1.077685 .. Suffolk County .- ~__// --^-__" \... ,...9_ _____
,No. 52-1077685 - Suffolk County 5ommiuion bpi.... 'Marth gO. ~"" '_--==-----
CommiSsion ~plres March 30, 1'981
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lIBER5880 p^GE238
Lt::: ...uaiRt.~; np.n .=tnd that no nllQ.;......gea vo;;:;uL....I..I..O;;:; ".A...a1;$np.'\7~r 0""'::1011 r..o.
~
cuuc:1uCl:ea on these preml.st::::::s.
THIS AGREEMENT shall be binding upon and enure to the
bene*it of the successors and assigns of the parties hereto.
, "....
tNWITNESS WHEREpfthe parties
v... :0:3:::":
and sealiS on tJ'ij.s ! ,day of~ember,
"
hereto set their hands
2
",i," :,
1965.
~') ~,
,
.,
EASTERN SHORES, INC.
($EAL)
\",
J.M.S. LAND & DEVELOPMENT CORP.
H.J.S. LAND & DEVELOPMENT CORP.
F.H.S.
M. S~ hei~r, President
fOJ' corJ'orations.
, .
PLANNING BOARD OF THE TOWN OF
';',
SOUTHOLD
, (~. [(;UJiJj "
,,- " " -."".(-
~. " ,
By
STATE OF NEW YORK, COUNTY OF SUFFOLK
SS. :
J~
STATE OF NEW YORK, COUNTY OF SUFFOLK SS.:
PEe
On the / 'f day of .,.,ember, nineteen hundred and sixty-five,
before me came John Wickham, to me known, who, being by me duly
sworn, did depose and say that he resides at Main Road, (no number)
Cutchogue, New York, that he is Chairman of the Planning Board of
the Town of Southold, the municipal corporation described in and
which executed the foregoing instrument; that he knows the seal of
said municipal corporation; that the seal affixed to said instru-
\
- 4 -
>
~(80)
l1lJERtJO I'AtE239
ment is such corporation seal; that it was so affixed by order of
the Planning Board of said corporation; and that he signed his
name thereto by like order.
LEFFERTS PAINE EDSON
NOTARY PUBLIC, Stote of New York
No. 52~101168S - Suffolk County
Commission Expires March 3.0. 1961
~/1I4~j7~
RECORDE'
o-
J
DEe 20 1985
@ / tf. - ~ 7 a.....-'"
NfJRMA'I( (. KLIPP
Clerk 01 Suffolk Countr
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EA$'l ERN SHORES, INC.
J.M.S. LAND & DEVELOPMENT
CORP.
H.J.S. LAND & DEVELOPMENT
"no 0
F . H. S. LAND & DEVELOPMENT
CORP.
And
PLANNING BOARD OF THE
TOWN OF SOUTHOLD
AGREEMENT
~r(L
LEFFERTS PAINE EDSON
ATTORNEY AT LAW
MAIN ROAD
SOUTHOLD, N. Y. 11971
The Tuttle Law Print. Publishers, Rutland.. Vt.
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