HomeMy WebLinkAboutRath, John E
'"
TELEPHONE
477-1400
ROBERT W. TASKER
TOWN ATTDRNEY
425 MAIN ST.
GREENPDRT, L. I.. N. Y. 11944
June 17. 1976
Hon. Judith T. Terry
Southold Town Clerk
Main Street
Southold. New York 11971
Re: Rath v. Town of Southold
Dear Judy:
As you know the above action was compromised in accordance with a resolution of the
Town Board adopted March 9. 1976.
Relative to such settlement. I am enclosing herewith the following three deeds. to wit:
(1) Deed dated and acknowledged February 28. 1976 from John E. Rath
to the Town of Southold and recorded in the Suffolk County Clerk's Office
on June 8. 1976 in Liber 8046 of deeds at page 165.
(2) Deed dated and acknowledged February 28. 1976 from John E. Rath to
the Town of Southold and recorded in the Suffolk County Clerk's Office on
June 8. 1976 in Liber 8046 of deeds at page 167.
(3) Deed dated and acknowledged February 28. 1976 from John E. Rath
to the Town of Southold and recorded in the Suffolk County Clerk's Office
on June 8. 1976 in Liber 8046 of deeds at page 169.
I am also enclosing herewith a copy of the map prepared by Young & Young dated
February 11. 1976 and revised March 12. 1976 which shows the property contained in
the three deeds. These deeds and survey should be filed in your office.
I am also sending copies of these deeds and the map to the Superintendent of Highways
in order that he may use them to relocate the chain link fence at the corner (Parcell)
shown on the map.
II
Hon. Judith T. Terry
-2-
June 17, 1976
In order that I may have a record for my files, will you please acknowledge receipt of
the enclosures by signing and returning to me the copy of this letter enclosed for that
purpose.
Yours very truly,
~
...-~.r-
ROBERT W. TASKER
. RWT:MY
Enclosures
P. S. I am also enclosing herewith a copy of the Supreme Court Justice's order
approving this settlement.
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PF-29 (4{7BJ SfaJldud N.Y.B.T.U. FOral 8002 Busam .ad Sale DeN- .tth eoYaaDt....... GraDlor'. Aett-IDdhidaal or CorporatloD (Single Sheet)
COHSULT YOUI LAWYIIIIPoU $I.HIH. THIS IHSTlUMINT-THIS IHSTlUMINT SHOULD II USID IY LAWYID ONLY.
L1BEF.8046 L\fE165
This Indenture, made the
Be_
28th davof FEBRUARY,nlneteenhundredend seventy-six,
JOHN E. RATH, residing at (No Number) North Bayview Road,
Southold, New York 11971,
party of the first part, and
THE TOWN OF SOUTHOLD, a New York municipal corporation
having its principal place of business at 16 South Street,
Greenport, New York 11944,
party of the second part,
Witnesseth. that the party of the first part, in consideration of Ten Dollers and other velueble consideretion paid by
the party of the second part, does hereby grent 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, Ivlng end
~i~lnthe Town of Southold, County of Suffolk, State of New York,
being more particularly bounded and described as follows:
BEGINNING at a point located on the northeasterly line of
North Bayview Road, the following seven courses and distances
from the intersection of the easterly line of North Bayview Road
and the southerly line of pine Neck Road: (1) South 050 26' 40"
East, 698.47 feet (2) South 050 37' 40" East, 329.13 feet
(3) South 050 37' 20" East, 383.27 feet (4) South 050 37' 20"
East, 50.00 feet (5) South 670 20' 10" East, 50.00 feet (6)
South 670 20' 10" East, 340.00 feet (7) South 790 35' 20" East,
140.00 feetl
RUNNING THENCE from said point of beginning North 700 24'
40" East, 24.00 feetl
RUNNING THENCE South 790 35' 20" East, 155.91 feetl
1>7.
RUNNING THENCE Southll'jA30' 50" East, 12.61 feetl
RUNNING THENCE North 790 35' 20" West, 180.57 feet to the
POINT OR PLACE OF BEGINNING.
BEING & INTENDED TO BE the same premises shown as parcel
#2 on a certain survey made by Young & Young, L.S., 400 Ostrander
Avenue, Riverhead, New York 11901, dated February 11, 1976, and
revised March 12, 1976.
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 appurtenanCfls and all the estate and
rights of the party of the first part in and to said premises; To Have And To Hold the premises herein granted unto the
party of the second part, the heirs or successors and assigns of the party of the second part forever.
And the party of the first part covenants that the party of the first-part has not done or suffered anything wherebv 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 con5iderati~n 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 wiWapply the same first to the pay-
ment of the cost of the improvement before using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
In Witnea Whereof, the party of the first part has duly executed this deed the day and year first above written.
In Presence Of:
~~-.-
J~E .~Wf!i/'
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/C,,-H:.r
LiBER8046 p,\I:E16B
STATEOFNEWYORK,COUNTYOF SUFFOLK: ss:
On the day of FEBRUARY, 19 76 ,before me
personally came
JOHN E. RATH
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
he executed the same.
Notary Public
STATE OF NEW YORK, COUNTY OF
55:
19
, before me
On the day of
personally came
to me known, who, being by me duly sworn, did depose
and say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
ilargain auh hit Irth
With COVeD8Ilt Against Grantor'a Acta
TIlle No.
JOHN E. RAT!!
TO
THE TOWN OF SOUTH OLD
Stllndard Fo,m of New York
Board of Title Underwriters
Distributed bV
U:lIF1! TITLE INSURANCE
Company of New '\brk
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STATE OF NEW YORK, COUNTY OF Nassau
ss:
On the 28th day of February 1976, before me
personally came
John E. Rath
to me known to be the individual described in and who
executed the foregoing instru,rnent,and acknowledged that
he executed the same.
DCW'.)THY M. VISCO
NOTARY ""u....:'JC, State of New York
No. 30.4500947 ';) - ) , /
Qualified in Nassau County ,,;,fI E?o-4(..v/ /Y} , f/ t.P cOf
Commission Expi~lo/l bile I
STATE OF NEW YORK, COUNTY OF
ss:
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, before me
REAL ESTATE '6' ' STATE OF * vith
::~~SFfR TAX; '-'" f~EOW YORK; july
Tox.Dlion JUN-e'7~ :: O. 00 * ;
& flflome p.&. ID936 *
, " ' iual
described in and who executea the toregolt'l!l tr,s\llJllJent;
that he, said subscribing witness, was present and saw
executed the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
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SECTION
:survey
BLOCK
Parcel #2
LOT
dated 2/11/76
COUNTY liR TOWN of Southold
of Suffolk
Recorded at Request of
U.-UFE TITLE INSURANCE
CompaoyofNew'\brk
RETURN BY MAIL TO
ROBERT W. TASKER, ESQ.
425 MAIN STREET
GREENPORT, NEW YORK 11944
(516) 477-1400
ZIp No.
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PFM291-4/7S1 SIaDdud N.Y.B.T.U. rona 8002 Bargain and ~e Deed-, wllh CoY.aDl ....... Graator'. Aet...lacUridaal 01' Corporation (Slagle Sbee')
CONSULT YOUI LAWYII .IPOII SleNINe THIS INSTaUMINT-THIS INSTaUMINT SHOULD .1 USID 'Y LAWYIU ONLY.
IBER 80 46 i~Gi 1GB
This In.nture, made the 28 th dey of FEBRUARY ,nineteen hundred end
IletMM
seventy-six,
JOHN E. RATH, residing at (No Number) North Bayview Road,
Southold, New York 11971,
party of the first part, end
THE TOWN OF SOUTHOLD, a New York municipal corporation
having its principal place of business at 16 South Street,
Greenport, New York 11944,
party of the second part,
Witnesseth, that the party of the first part, in consideretion 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 cartain plot, pieca or parcal of land, with the buildings and improvements thereon erected, situate,lying and
~i~inthe Town of Southold, County of Suffolk, State of New York, being
more particularly bounded and described as follows:
BEGINNING at a point located on the southwesterly line of
North Bayview Road, the following nine courses and distances from the
intersection of the easterly line of North Bayview Road and the
southerly line of Pine Neck Road: (1) South 050 26' 40" East,
698.47 feet (2) South 050 37' 40" East, 329.13 feet (3) South
050 37' 20" East, 383.27 feet (4) South 050 37' 20" East, 50.00
feet (5) South 670 20' 10" East, 50.00 feet (6) South 670
20' 10" East, 340.00 feet (7) South 790 35' 20" East, 140.00 feet
(8) South 790 35' 20" East, l80.57.f~c.""(9) South 070 30' 50" East,
52.03 feet;
RUNNING THENCE from said point of beginning South 070
30' 50" East, 18.92 feet;
RUNNING THENCE North 790 35' 20" West, 196.54 feet;
RUNNING THENCE North 490 35' 20" West, 36.00 feet;
RUNNING THENCE South 790 35' 20" East, 221. 89 feet to
the POINT OR PLACE OF BEGINNING.
BEING & INTENDED TO BE the same premises shown as parcel
#3 on a certain survey made by Young & Young, L.S., 400 Ostrander
Avenue, Riverhead, New York 11901, dated February 11, 1976. and
revised March 12, 1976.
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 appurtenanClls and all the estate and
rights of the party of the first part in and to said premises; To Have And To Hold the premises herein granted unto the
party of the second part, the heirs or sucoassors and assigns of the party of the second part forever.
And the party of the first part covenants thet 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 considerati!=ln 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 will apply the same first to the pay.
ment of the cost of the improvement before using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever tha sense of this indenture so requires.
In Witneu Whereof, the party of the first part has duly executed this deed the day and year first above written.
In Presenca Of:
JfL- , /G~_
E. RAT
LlBFF. 8046 f,\r,F 170
STATEOFNEWYORK,COUNTYOF SUFFOLK: ss:
On the day of FEBRUARY, 1976 ,before me
personally came
JOHN E. RATH
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
he executed the seme.
Notary Pub11C
STATE OF NEW YORK, COUNTY OF
ss:
19
, before me
On the day of
personally came
to me known, who, being by me duly sworn, did depose
and say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of seid corporation; that the seal affixed to
seid instrument is such corporate seal; that it was so
affixed by order of the board of directors of seid corpora-
tion, and that he signed h name thereto by like order.
~argabt auh &alt .tb
With Cov_t Agabut Grantor'. Acto
Title No.
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JOHN E. RATH
TO
THE TOWN OF SOUTHOLD
Stlndllrd Form of New York
BOIrd of Title Underwrit.rs
Diltribut.d by
U.-UFE TITLE INSURANCE
Company of New 'lbrk
STATEOFNEWYORK,COUNTYOF Nassau
ss:
On the 28thday of February
personally came
1976 ,before me
John E. Rath
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
he executed the same.
0080THY M. VISCO
IIOTARY PLJl.IG, Stale 01 New Yorl<
No. 30.4500941
Qualified in Nassau County 1 ~ _. ) J/
Commlssloo Expires March 30. 1974 ct5Itf7~7 /h ' Y ~~r
Notary Publ ic
,SP,'':' TI'QF NEW YORK. COUNTY OF ss:
0/ ""' REAL ESTATE .'" STATE Of *.e
~~ : TRA, NSfER TAX!.:..",~. NEW YORK * 'h
~o '" Dep!. of . f _ * :
~u ""' Taxatioft JUN 'B'I~ :: 0 O. 0 0 * .y
= & FiAlI1lle P.8.10939 *
tha ( tie "'f'W1I~
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
executed the same; and that he, said witness,
at the seme time subscribed h name as witness thereto.
SECTION
Survey
.BLOCK
,l'.prcel
LOT
COUNTYMTOWNof Southold
of Suffolk
dated 2-11-76
#3
Recorded at Request of
U.-UFE TITLE INSURANCE
Company of New York
RETURN BY MAIL TO
ROBERT W. TASKER, ESQ.
425 MAIN STREET
GREENPORT, NEW YORK 11944
(516) 477-1400
Zip No.
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PF-29 (4/75) Standard N.Y..B.T.U. FOral 8002 DugalD and Sale Deed:A with Co.aot .,..... Graolor'. Aet..r.dJridaal or Corporation (SiDgle Sbeet)
, ,
CONSULT TOU. LAWYI.llPOU II.NIN. THIS INlnU"INT-THIS INlnU..INT SHOULD II USID IT LAWYIU ONLY.
ER8046 [,\I:E167
This Indenture, made the 28 th
deyot FEBRUARy,nlnet"nhundredand seventy-six,
Bet\valft
JOHN E. RATH, residing at (No Number) North Bayview Road,
Southold, New York 11971,
party of the first part, and
THE TOWN OF SOUTHOLD, a New York municipal corporation
having its principal place of business at 16 South Street,
Greenport, New York 11944,
party of the second part,
Witnesseth, that the party of the first part, in consideration of Ten Dollars and other valueble consideration paid by
the party of the second part, does hereby grant end release unto the party of the second part, the hairs 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
~i~inthe Town of Southold, County of Suffolk, State of New York,
being more particularly bounded and described as follows:
BEGINNING at a point located on the northeasterly line of
North Bayview Road, the following three courses and distances from
the intersection of the easterly line of North Bayview Road and
the southerly line of pine Neck Road: (1) South 050 26' 40" East,
698.47 feet (2) South 050 37' 40" East, 329.13 feet (3)
South 050 37' 20" East, 383.27 feet;
RUNNING THENCE from said point of beginning on an arc to
the right having the radius of 83.69 feet, a distance of 90.14
feet;
RUNNING THENCE North 670 20' 10" West, 50.00 feet;
RUNNING THENCE North 050 37' 20" West, 50.00 feet to the
POINT OR PLACE OF BEGINNING.
BEING & INTENDED TO BE the same premises shown as parcel
#1 on a certain survey made by Young & Young, L.S., 400 Ostrander
Avenue, Riverhead, New York 11901, dated February 11, 1976, and
revised March 12, 1976.
w
'" REAL ESTATE i!"' STATE OF *
: TRANSFER TAX~ o~~ NEW YORK *
= Depl. of l~ i _ *
'"' Taxation JUN-B'7. :;: 0 O. 0 0 *
= & Finance -"a. 10936 *
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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 appurtenanCl!s and all the estate and
rights of the party of the first part in and to said premises; To Have And To Hold the premises herein granted unto the
party of the second part, the heirs or successors and assigns of the party of the second part forever.
And the party of the first part covenants that the party of the first.part has not done or suffered anything whereby the
said premises have been encumbered in any way whatever, except as aforesaid.
And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party ofthe first
part will receive the considerati~n 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 .livilTapply the same first to the pay.
ment of the cost of the improvement before using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
In Witness Whereof, the party of the first part has duly executed this deed the dey and year first above written.
In Presence Of:
(~ )
~. . f: /~~
JO E. ~TH
L1BER8046 iNf168
STATEOFNEWYORK,COUNTYOF SUFFOLK: 55:
On the day of FEBRUARY, 1976 ,before me
personelly came
JOHN E. RATH
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
he executed the same.
Notary Public
STATE OF NEW YORK, COUNTY OF
ss:
19
, before me
On the day of
personelly came
to me known, who, being by me duly sworn, did depose
and say that he resides at No.
thet he is the
of
, the corporation described
in and which executed the foregoing instrllment; that he
knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
~argatn aub hit .tb
With CoveDUlt Against Grantor'a Acts
Title No.
JOHN E. RATH
TO
THE TOWN OF SOUTHOLD
Standlird Form of New York
8o.rd of Title Underwriters
Distributed by
u."UFE TITLE INSURANCE
Company of New York
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STATE OF NEW YORK, COUNTY OF Nas sau
ss:
On the28th deyof February 1976 ,before me
personally came
John E. Rath
to me known to be the individual described in and who
executed the foregoing instruTnent, .and acknowledged that
he executed the same.
n')i"~.--HV ~~. VISCO
NOTARY -,~' !C, SIIte of N.., J'orf!' \ _
No. 30.4500947 o:;9I.n,...c..{"
Qualified in Nassau Wau publ i)1!'
Commiision Expires Marc . 1'41'
h, //!-; ~~-
STATE OF NEW YORK. COUNTY OF
3S:
On 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 presant and saw
executed the same; and that he, said witness,
at the same time subscribed h 'name as witness thereto.
~nl}~lh 2-11-76
BLOCK
Parcel #1
LOT
COUNTY OIl TOWN of Southold
of Suffolk '
Recorded at Request of
u."UFE TITLE INSURANCE
Company of New York
RETURN BY MAl L TO
ROBERT W. TASKER, ESQ.
425 MAIN STREET
GREENPORT, NEW YORK 11944
(516) 477-1400
Zip No.
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1
At a Special Term, Part I, of the
Supreme Court of the State of New York,
held in and for the County of Suffolk at
the County Courthouse, Griffing Avenue,
Riverhead, New York on the .2711t.- day
of May, 1976.
PRESENT:
HON. LAWRENCE J. BRACKEN,
Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JOHN E. RATH,
Index No. 74-1858
Plaintiff,
-against-
. ORDER
TOWN OF SOUTHOLD and COUNTY OF SUFFOLK,:
Defendants.
A motion having been duly made by the Defendant, Town of Southold, for an
order approving the settlement of the within action pursuant to Section 68 of the Town
Law,
Now, on reading and filing the notice of motion of the Defendant, Town of
Southold, dated April sa 1976, with proof of due service thereof, the affidavit of
Robert W. Tasker, attorney for the Defendant, Town of Southold sworn to on
April 29, 1976, the resolution of the Town Board of the Town of Southold adopted on
March 9, 1976, all in support of the motion, and there being no affidavits submitted
in opposition to the motion and due deliberation having been had thereon, and upon
the Court's written memorandum decision dated May 19, 1976,
,.
1
Now, on motion of Robert W. Tasker, attorney for the Defendant, Town of
Southold, it is hereby
ORDERED, that the settlement of this action pursuant to the terms and
conditions of the resolution of the Town Board of the Town of Southold adopted on
March 9, 1976 is hereby approved as just, reasonable and to the interest of the
Defendant, Town of Southold.
Enter
Fr~'~' , .,
:1 GR~,~! lED
','1
.,
MA Y 27 1976
;1
~ li......I.." ,..1. ,..u;..:.,~:S....N
-
I: By Cor.
lr.:~i"""':'&'~.t[~~~":;;'::%
LAWRENCE T BRACKm
Hon. Lawrence J. Bracken, J. S. C.
.~~
!1
,
........,.
. .
Plt!D
,
f @ NAY 28 1976 '"' ,.
~ lESTl'R M. AlB M.
;.J.C!er/c of SVffolkERTSON '.
Covnty _
1
COUNTY CLERK'S OFFICE }
STATE OF NEW YORK SS.:
COUNTY OF SUFFOLK
I, LESTER M. ALBERTSON, Clerk of the County of Suffolk and
:~:e~:~r~::h R::r:rit~:a7f,..~~~tnIn~~~e ~o;~~: :;
office ~~n",2.~nm/Y.2'<;;;;:mn_nn.n.. and, that the same is a true
copy thereo~nd of the whole of such original.
In ""'~ny Wh,~f, 1 h>We hS;~' nd a. affixed
the seal of said County and Court this /.mnnn___n.mm_ n.. nn n... n n m /7;;>-&
J.e.""";n^ - --
Fo,m No 236'-f::::i - -.. - n ._.nnnmm.l~::::
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