HomeMy WebLinkAbout1000-17.-1-3November 8, 1968
Mr. Howard Terry
Building Inspector, Town of Southold
Town Clerk's Office
Southold, New York
Dear Mr. Terry:
Thank you for your letter of November 7, 1968,
the copy of the Minor Subdivision #8 owned by Joseph H.
Stern, and the official receipt for the cash fee of $40,
which accompanied it.
I should like to take this occasion to thank
you again for your assistance and to express my deep
appreciation for your kindness in arranging to have the
matter come before the Planning Board on Wednesday even-
ing, November 6th.
HWC:MW
Sincerely yours,
N~. ila~old W. Co~roy.~\Attorn®y
One wall Street, NaM Y0rk~, N.Y.
Dear Sir~ 'k
November 7, lgG8
lO00S
owned by ~ooeph Stern, Orient, Ne~ York
ThXo has boen approved and sXgned by the Planning Board.
Also please £~nd receXpt for the cash fee of $40.00
Yours truly,
Howard Terry
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Soutbold:
The undersigned applicant hereby applies for (t~,iemi~,) (final) approval of a subdivision plat in
accordance with Article 16 of the Town La~v and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of ecord of the land under application, the applicant shall state his interest in said
application.)~ Except for lot designated "X" on the attached map
land und;~ (see explanation attached thereto).
2. The name of the subdivision is to be ...................................................
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
22, 1967
follows: March ............ ;
Liber. .-~..2.9 ............... Page 103 ............ On
tiber ............ Page ................
tiber ........................ Page ......................
tiber ........................ Page ......................
tiber .................... Page ......................
.... STERN
as &evised under the Last Will and Testament of titIAN DWIGHT
"A-I") hereto annexed.
or as distributee (See Schedule
5. The area of the land is ....4o1~ ......... acres.
6. All taxes which are liens on the land at the date hereof have been paid ~ ............
7. The land is encumbered by ..... .N-9..m. 9-~.~cg'agg~ ..................................
mortgage (s) as follows:
(a) Mortgage recorded in tiber .............. Page .................. in original amount
of $ .............. unpaid amount $ ..................... held by ......................
ad'dress ................................................................
.............. in original amount
(b) Mortgage recorded in tiber ......... Page .........
of .............. unpaid amount $ ...................... held by ......................
address ...............................................................
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of .............. unpaid amount $ ...................... held by ......................
...................... address .........................................................
8. There are no other encumbrances or liens against the land ~ ........................
9. The land lies in the following zoning use districts . ~.'/['.'..Realdential..and. Ag/?i.aultural
District
10. No part of the land lies under water xvhether title water, stream, pond water or otherwise, ex-
eept ..................................................................................
11. The applicant shall at his expense install all required public improvements. (Not Applicable )
12. The land (aim~) (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if xvithin a District, is ..............................................................
13. Water mains will be laid by ....Ix[Qt...AI~P~.i¢.~.~.],~ ....................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by . No.t. Appli.cahle ....................
..................................... and (a) (no) charge will be made for installing said
lines.
15. Gas maius will be installed by ......... Nmt..ap. pllcable ..............................
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to sho~v same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
To~vn of Southold Highway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structures on the land wbich are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant xvill offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that tim cost of grading and required public improvements will be
$ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at .............. years. The Performance Bond ~vill be written by
a licensed surety company unless otherwise shown on Schedule "F". NoL lkppll, c&ble
DATE . .0¢.toher.. 28, .............. 196~ ................................................
...........
.~, ~ ,..~9.~..~7Z,..9~.~9~,.. ~..~K...i i 957
(Address)
STATE OF NEW YORK, cOUNTY OF SUFFOLK
Onthe ... .... day of... "
......... ~I.0~J~P.I-I. t{...Sri~lqjxl ............ to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that ... hO ...... executed the same.
STATE OF NEW YORK, COUNTY OF ............................ ss:
On the ................ day ............ of .............. , 19 ...... , before me personally came
...................... to me known, who being by me duly sworn did de-
pose and say that ............ resides at No .....................................................
............................. that .......................... is the ..........
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
and lhat ............ signed .............. name thereto by like order.
Notary Public
CONSULT yOUR LAWYER BEFORE SIGN~THIS iNSTRUMENT--THiS INSTRUMENT SH4~ BE USED BY LAWYERS ONLY.
THIS INDEJWI~RE, made the day of , nineteen hundred and Sixty-eight
BE1%V~-~N Joseph Hoyt Stern, residing at (no street number)
Sound Shore Road, Orient, County of Suffolk, State of New York,
party of the first part, and
party of the second part,
h t the of the first part, in consideration of ten dolors and other ~l~ble ~nside~fiou
WITNE$S~TH~ t a part~. ......... ~ --~-~o- unto t~ ~rtv of the second part, the h~rs
~'~tff~r~L~ss,gn, of ~er-~rty of the ,ecood part forever,
· . ---' ~ at orient, in ~ne ~own ox oouu~u~u,~,~ .~ _~ ,
~.ana mffgJ__ ~,~-,, d~i~nated as parcel numbered~on ~ne ?op se?
~5a~e ox m~w ~ur~, ---_~_ _ ~ ~ =~_ ~ a~ nrenared by van Tuy~
Minor Subdivision Map Ga~eG u¢oou~r ~u, ~, ~
Son, Licensed Land Surveyors.
TOGETHER WITH a right of way in common with others over the
northerly from the main road
foot, more or less, right of way running
for approximately 745.81 feet as shown on the attached diagram.
TOGETHER WITH a right of way in common with others over the 50
foot right of way shown on the attached diagram running northwesterl~
from the northerly terminus of the 33 foot right of way above men-
tioned and located along the westerly line of parcel numbered 1.
TOGETHER WITH a right of way in common with others over the 50
foot right of way shown pn the attached diagram bounding the south-
easterly part of parcelg;Rm"3 ~ ~nd subject to a similar right
of way in favor of Parcel ~ on said diagram.
SUBJECT, HOWE~R, TO a further right of way Sfeet in width
in favor of other property owned by Joseph Hoyt Stern, the seller
herein, outlined in greeu crayon on the attached diagram, and also
in favor of parcel numbered I on the attached diagram; said righ~,.~,
of way extending from the northwesterly corner of parcel numbere~
aud running in a northwesterly direction for a uniform width
feet along the southerly line of parcel numbered ~ on the attached
diagram to the waters of Long Island Sound and for the free use of
the beach adjoining the Long Island Sound and the right of way in
favor of the land owned by the Seller and parcel numbered 1.
SUBJECT, ALSO, TO the contents of Rider "A" attached hereto.
wtth all ri ht title and interest, if any. of the party of the first part in and to any streets and
TOGETHER ' g ,., , . ..... · __,~ .... r. TC~ ETHER with the a urtenances
and all the estate, g. ......... ~ +~'- o~ond r~rt the heirs or successors and assigns o~
HOLD the premises here~n sranteo unto Lne p,t. Ly ......... r- ,
the party of the second part torever.
f the first art, in compliance with Section 13 of the Lien Law, covenants that the party of
.A,N? the p=art~,%eceive thePconsideration £or this conveyance and will hold the r. ight to receive s,uch.,,consi~-
tne nrst part Wht · . ' f the lm rovement aha will apply
+'~- ~ a trust fund to be aoohed first for the purpose of paying the.cost 0 ? .....
e. rad ..... ~- 7, ,,- ...... · ;,{the cost of the improvement before using any part ct toe total ct me same
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN VqI'iONF-.$~ WHF-I{EOIe~ the party of the first part has duly executed this deed the day and year first above
written.
RIDER "A"
Zoning regulations and ordinances of the city, town
or village in which the premises l~e.
Final approval of the Planning Board, Town of
Southhold, New York, of the sub-division of the
parcels as shown on the attached diagram.
Right of Seller to grant easements for the installa-
tion of utilities within 25 feet of the boundary
lines of the several parcels shown on the attached
diagram.
Any state of facts an accurate survey may show,
provided the same does not render the title unmarketable.
The physical conditions and the contours of the
property which has been inspected by the Purchaser
who is thoroughly acquainted with the condition thereof.
The following restrictions which shall appear in
the deed of conveyance and acceptance thereof will
be evidenced by the Purchaser executing said deed
to evidence such consent:
(a) No sewage, treated or untreated, or refuse
of any kind shall be emptied or allowed to be
emptied into Long Island Sound.
(b) No building or structure of any nature or
description whatsoever shall be erected, altered,
placed or maintained thereon except a single family
dwelling containing not less than 800 square feet
of usable floor area and in no event, shall any part
of the premises conveyed be used for public amusement
or manufacturing purposes and nothing which ~bal]
constitute a nuisance, be unwholesome or offensive
to the neighborhood shall be permitted. No trailer,
tent, shack or garage shall be erected, placed or
maintained fo~ use on the property as a residence
either temporarily or permanently.
sCHEDULE "A"
The entire land under application is described
as the "FIRST PARCEL" in the attached deed dated March 9, 1967
recorded in Liber 6129 cpl03, excluding from such "FIRST PARCEL"
the land described in deed dated August 24, 1968 recorded in
Liber 6410 Page 597, a copy of which deed is also attached
hereto. Said land described in last mentioned deed is also
designated lot "X" on the proposed minor subdivision map dated
October 16, 1968, prepared by Van Tuyl & Son, Licensed Land
Surveyors.
applicant
6410 Page
Agreement
hereto.
The right of way 33 feet in width reserved by the
in the deed dated August 24, 1968 recorded in Liber
597 has been enlarged to a width of 50 feet by an
dated November 2, 1968, a copy of which is attached
THIS INDENTURE made the 9th day of March, 1967,
between JONATHAN DWIGHT STERN, residing at 422 Stanley
Avenue, Westfield, County of Union and State of New Jersey
and JOSEPH HOYT STERN, residing at (no street number) Sound
Shore Road, Orient, County of Suffolk and State of New York,
parties of the first part, and JOSEPH HOYT STERN, residing
at (no street number) Sound Shore~Road, Orient, County of
Suffolk and State of New York, party of the second part,
WITNESSETH, that the parties of the first part,
in consideration of ten dollars and other valuable consid-.
eration paid by the party of the second part, do 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 of those three certain plots, pieces or
parcels of land, situate, lying and being at Terry.s Point
near Orient in the Town of S0uthold, County of Suffolk and
State of New York, bounded and described as follows:
FIRST PARCEL:
BEGINNING at a monument set at the southwesterly
corner of land of the parties of the first part
adjoining land formerly of W. W. Stephenson, said
monument being approximately 500 feet northerly
from the Main Road measured along the easterly
line of said land formerly of Stephenson; running
thence along said land formerly of Stephenson,
north 4° 12' 00" east 245.81 feet;
thence along said land formerly of Stephenson
north 34° 30' west 428.75 feet;
thence along said land formerly of Stephenson north
54° 30' west 150.0 feet to ordinary high mark of
Long Island Sound;
thence northeasterly along said high water mark to
a point which is north 40° 30' 30" east 450.0 feet
from the last described point, being also at the
corner of land being conveyed by deed intended to
be recorded simMltaneously herewith by the parties
of the first part to Jonathan Dwight Stern; thence
along said land of Jonathan Dwight Stern the fol-
lowing courses and distances:
(1) South 28° 39' 40" east 300.0 feet; thence
(2) South 4° 12' 00" west 770.0 feet to the center
line of a certain 25 foot Right of Way;
thence along said center line north 83° 59' 40"
west 33.02 feet to the point of beginning. Con-
taining 4.12 acres.
EXCEPTING AND RESERVING, however, a right of way forever for
ingress, egress and regress, which shall be appurtenant to
and run with the other adjacent lands of the parties of the
first part which are being conveyed to Jonathan Dwight Stern
by deed intended to be recorded simultaneously herewith,
with the right at all times for the occupants or grantees
of such lands or of any part thereof, and for their servants
and any and all other person or persons whomsoever for their
use, benefit and advantage, to pass and repass on foot and
with animals and vehicles over that portion of the lands
hereby conveyed, bounded and described as follows:
BEGINNING at a monument set at the southwesterly
corner of land of the parties of the first part
adjoining land formerly of W. W. Stephenson, said
monument being approximately 500 feet northerly
from the Main Road measured along the easterly
line of said land formerly of Stephenson and run-
ning thence along said land formerly of Stephenson
north 4° 12' 00" east 150 feet; thence south 83°
59' 40" east 33.02 feet to land being conveyed 0y
deed intended to be recorded simultaneously herewith
by the parties of the first part to Jonathan Dwight
Stern; thence along said land south 4° 12' 00" west
150 feet to the center line of a certain 25 foot
Right of Way; thence along said center line 33.02
feet to the point or place of beginning.
SECOND PARCEL:
BEGINNING at a point on the southerly line of land
of the parties of the first part, 282.14 feet east-
erly along said line from a monument set at the
southwesterly corner of said land adjoining land
formerly of W. W. Stephenson, said monument being
-2-
apProximately 500 feet northerly from the Main Road
measured along the e ~
as~erly line of said land form-
erly of Stephenson; running thence along land being
conveyed simultaneously herewith by the Parties of
the first part to Jonathan Dwight Ste~n, the
following three courses:
(1) North 4° 45' 50" east 144.52 feet
(2) North 34° 38' east 48.44 feet
(3) North 71o 45' east 53.32 feet to the north-
westerly corner of other land heretofore Conveyed
by Lilian Dwight Stern to the party of the second
part;
thence along said other land of the
second part south 4° 45' 50~' party of the
west 209.03 feet to
the center line of a certain 25 foot right of way;
thence along said center line north 83° 59' 40"
west 73.22 feet to the point of begi~ming. Conl
raining 0.315 acre.
~HIRD PARCEL:
BEGINNING at the northwesterly COrner of Other
land heretofore conveyed by Lilian Dwight Stern
to the party of the second part in the vicinity
of the southwesterly COrner of the 01d Burying
Ground;
and being also the northeasterly corner
of the "Second parcel" hereinabove described;
running thence along land being conveyed by deed
intended to be recorded simultaneously herewith
by the parties of the first part to Jonathan Dwight
Stern the following six courses:
(1) North 4° 45' 50" east 158.0 feet; thence
(2) SOuth 89° 37' east 50.0 feet; thence
(3) North 4° 45' 50" east 128.0 feet; thence
(4) South 81° 10' west 51.29 feet; thence
(5) North 19° 54' 30" east 120.52 feet; thence
(6) North 7o 46, 30" west 585.21 feet to ordinary
high water mark of Long Island Sound; thence along
said high water mark, the following four courses:
(1) South 70° 52'i 50" east 138.1~ feet; thence
(2) South 49o 43,
(3) South 32° 22'
(4) South 53°
20" east 154.67 feet; thence
10" east 349.27 feet; thence
40" east 87.99 feet to land of
Stuart Dorman; thence along land of Stuart Dorman
and land of George Rowsom, south 47° 41' 30" west
369.08 feet; thence along said land of Rowsom,
the following two courses:
(1) South 31° 20' 20" east 72.85'feet; thence
(2) South 8° 15' 40" east 168.65 feet to other land.
of the party of t~e second part; thence along Said
land, south 89° 55' 50" west 280.76 feet to the
point of beginning. Containing 5.95 acres.
EXCEPTING, however, from the premises described
above the Old Burying Ground surrounded by a stone
wall together with a right of way to and from the
same as set forth in a quitclaim deed dated May
30, 1881, and recorded in the Suffolk County
Clerk's office on June 1, 1881, in Llber 255 of
Deeds at page 427. Containing one-half acre more
or less.
BEING part of the same premises conveyed to
Lilian Dwight Stern by Gerrard S. Johnson by warranty deed
dated July 25, 1906, and recorded in said Clerk's office
on July 27, 1906, in Liber 600 of Deeds at page 75, and
thereafter devised to the parties of the first part as
tenants in common by the last will and testament of Lilian
Dwight Stern, who died on November 8, 1965, and whose said
will was admitted to probate by the Surrogate's Court of
Suffolk County on November 22, 1965.
TOGETHER with the use and enjoyment
Jonathan Dwight Stern, his heirs and assigns,
rights of way, rights, privileges and easements acquired
by Lilian Dwight Stern, by the aforesaid deed, recorded in
the Suffolk County Clerk's Office on July 27, 1906, in
Liber 600 of Deeds at page 75, or otherwise, and passing
to or vesting in the parties of the first part under her
said will, which rights of way, rights, privileges and
easements shall be appurtenant to the lands hereinabove
described or to any pars of them, and shall run with the lan
in common with
of all the
TOGETHER with the land abutting on said property
and lying between the said mean high water line and the low
water line of said Long Island Sound, and any and all rights
and privileges therein belonging to said parties of the
first part.
TOGETHER with all right, title and interest, if
any, of the parties of the first part in and to any streets
and roads abutting the abo~e described premises to the
center lines thereof; TOGETHER with the appurtenances and
all the estate and rights of the parties of the first'part
in and to said premises; TO HAVE AND TO HOLD ~he'premises
herein granted unto the party of the second part, the heirs
or successors and assigns of the party of the second part
forever.
IN WITNESS WHEREOF, the parties of the first part
have duly executed this deed as of the day and year first
above written.
Execution by Jonathan Dwight
Stern witnessed by me this
~ day of March, 1967.
Charles V. Parsell .__..C.__~/~.__..~Jonathan Dwi~h~t Stern
~ J~'aeph HOyt Stern
-5-
STATE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
On this /"'-Cday of March, 1967, before me a
notary public of the State of New York, personally appeared
CHARLES V. PARSELL, 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 1527 Long Hill Road, Millington, New Jersey, and has
his office and place of business at 200 Park Avenue, New
York, N.Y.; that he knows Jonathan Dwight Stern, and knows
him to be the individual described in and who executed the
above instrument and that he, said subscribing witness,
was present and saw him execute the same and that he, said
subscribing witness, at the same time subscribed his name
as witness thereto.
STATE OF NEW YORK )
:SS.:
COUNTy OF SUffOLK
On this /~'day of March, 1967, before me per-
sonally appeared JOSEPH HOYT STERN, to me known and known
to me to be the individual described in and who executed
the foregoing instrument, and he duly acknowledged to me
that he executed the same.
-6-
CONSUI.'T YOUR LAWYER BEKORE SIGNiNCOS INSTRUMFNT--THiS ~NS?RUMEN¥ SHOUL4) USED UY' LAWYERS ONLY.
TH~INDE. NTUR~nladethe ~r"'nd~ oi ~gust,nineteenhundredandSiXty-eight
BETWEEN Joseph Hoyt Stern, residing at (no street number) Sound
Shore Road, Orient, County of Suffolk, State of New York,
partyofthefirstpart, and Harold W. Conroy and Ruth M. Conroy, his wife,
both residing at 20 Hawthorne Avenue, Port Chester, Westchester
County, State of New York,
party of the second pa~,
WITN~5$EfI-t, that the party of the first pa~, in consideration of ten dollars and other ~l~ble ~nMdemfion
paid by ~he party of the second pa~, d~s hereby grant and rel~se unto the party of the second ~, the h~rs
or succe.;~rs ~d assigns of the party of ~e second pa~ forever,
ALL ~at certain plot, pi<e or parcel of ~nd, ~ ~e b~l~ngs ~d ~provemen~ thereon erectS, situat~
lyi~and being i~l~l at Orient, in the town of Southold, County of Suffolk,
State of New York, bounded and described as follows:
BEGINNING at a monument on the Westerly boundary of land of Joseph R.
Stern, adjoining land of Lomas, 245.81 fee~ Northerly along said
boundary from the Southwesterly corner of said land of Stern;
RUNNING THENCE Along said land of Lomas and along land of Terry, North
34 degrees 30 minutes O0 seconds West 325.0 feet to a monument;
THENCE North 60 degrees 25 minutes 50 seconds East 284.15 feet to a
monumen$ and land of Jack Stern;
THENCE along said last mentioned land, South 4 degrees 12 minutes O0
seconds West 400.0 feet to a monument;
THENCE South 74 degrees 51 minutes O0 seconus West 34.98 feet to the
point of beginning.
TOGETHER with a right of way forever, for ingress, egress and regress
over the strip of land 33 feet in width from the Southwesterly corner
of the premises southerly about 745 fee$ tc 'cne Main Road.
SUBJECT to a right of way forever, for Lngres~, ee:ress and regress
over a strip of land 33 feet in width over the Wes%erly 33 feet of the
~s described herein in favor of the remaining ]and of the party
of the first part immediately to the Nortnwes~ of th,~ premises des-
scribed ' · ~
neff, in.
TOGETHER with a right of way ~5 feet in width extending from the
Northwest corner of the premises described herein in a northwesterly
direction and along land now or formerly of Horace Termy to and from
the waters of Long Island Sound and the free use of '~he beach adjoin-
ing Long Island Sound and said right of way.
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 anourtenances
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 ~ranted unto the party of the second part, the heirs or successors and assigns of
the party nf the second part mrever.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the .first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as .a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed a~ if it read "parties" whenever the sense o£ this indenture so requires.
IN' ~ WI-IERI~Oie~ the party of the first part has duly executed this deea the day and year first above
written.
/ L/ Josepb~JHoyt Stern
OF NEW YORK, COSI/Y OF ST,~F0~T~ ,,,
On the ~/[lday of~gUSg, 1968 , ~fore m~
~r~na]ly ~e
~O~EPH ~OYT ~TE~
w me known to be the individual de~ribed in and who
~uted the ioregoinR instrument, and acknowledRed that
he ~uted the ~me.
STATE OF NEW YORK, COUNTY OF sst
On the day of 19 , before me
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, ~nd that he .signed h name thereto by like order.
STATE O~EW YORK, COUNTy O1: '( . slz
O,t the~ day of 19 , before me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF ss:
On tlte day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom ! am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
;
that i 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.
WITHOUT COVENANT AGAINST GRANTOR'$ ACTS
TITL~ NO.
JOSEPH HOYT STEPhN
SECTION
BLOCK
LOT
CO. UNTY OR TOWN
HAROLD W.
M. CONROY
TO
CONROY and RUTH
THE TITLE GUARANTEE COMPA.N'~
Zip No.
SCHEDULE "A-1"
LILIAN D. STERN, mother of applicant, died a resident of
Orient, Suffolk County, New York on November 8, 1965 leaving a Last
Will and Testament which was admitted to probate in the Surrogate.s
Court of Suffolk County, Riverhead, New York on November 22, 1965.
(File No. 14~4 P 1965). The said Li~ian D. Stern under her Last
Will and Testament devised to her sons, JOSEPH H. STERN (applicant)
and JONATHAN D. STERN, her real estate at Orient consisting of 18.6
acres of land, with directions that said property be divided so that
each son would receive substantially an equal half thereof in market
value, with the further provision that the portion set off to
Jonathan D. Stern include the house erected upon said property. The
said Will further provided that in order to consummate such partition
appropriate deeds necessary or desirable to carry out the intent of
the Testatrix be executed and delivered.
Joseph H. Stern (applicant) as a devisee under the Last
Will and Testament of his mother, LILIAN D. STERN, had title to the
proposed minor subdivision described in Schedule "A" and other property
recorded in his name by deed dated March 9, 1967 recorded March 22, 1967
in the Office of the Clerk of Suffolk County, in Liber 6129 p.103.
By deed from Joseph H. Stern dated August 24, 1968, recorded
September 3, 1968 in the Office of the Clerk of Suffolk County in
Liber 6410 P.597 Harold W. Conroy and Ruth M. Conroy, his wife, became
the record owners of lot designated "X" on the proposed minor sub-
division map dated October 16, 1968 prepared by Van Tuyl & Son,
Licensed Land Surveyors.
This Agreement, made as of the 15th day of
October, 1968 between JOSEPH HOYT STERN, residing at (no
street number) Sound Shore Road, Orient, County of Suffolk,
State of ~ew York (herein called the "First Party"), and
HAROLD W. CONROY and RUTH M. CONROY, his wife, both residing
at 20 Hawthorne Avenue, Port Chester, Weetchester County,
State of New York (herein called the "Second Parties"),
Whereas, the First Pa~ty represents that he is
the owner in fee simple of all that piece or parcel of
land, situate, lying and being at Orient, in the Town of
Southold, County of Suffolk, State of New York, bounded
and described as follower
"B~GINNXNG at a monument set at the southwesterly
corner of land of the First Fatty adjoining land
formerly of W. W. Stephenson, said monument being
approximately 500 feet northerly f~om t~e Main
Road measured along the easterly line of said land
formerly of Stephenson; running thence along said
land formerly of Stephencon, north ~o 12' 00"
east 2~5.81 feet;
thence along said l~nd formerly of Stephenson
north 3~° 30' west #28.75 feet;
thence along said land formerly of Stephenson
north 5~o 30' west 1~0.00 feet to ox~tinary high
mrk of Long Island Sound;thence northeasterly
along said high watermark to a point which is
north ~0° 30' 30" east #~O.O~feet to the land
of Jonathan D~ight Stern; thence along said
land of ~onathan D~ight Stern the following
courses and dietanoes~
(1) South 28° 39' ~O" east 300.0 feet; thence
(2) South ~o 12' 00" west 770.0 feet to the
center line of a certain 25 fo~t Right of Way;
thence along said center line north 83°
west 33.02 feet to the point of beginning. Con-
taining ~.12 acres,
excepting therefrom all that certain piece or parcel of
land bounded and described as follows:
~(~l~O at a mo~uaent on the Westerly boundary
of land of Joseph H. Stern, adjoining land of
Lomas, 2~5.81 feet Northerly along said boundary
from the Southwesterly corner of said land of
Stern~
RUNNING THENCE Along said land of lomas and along
land of Terry, North 3~ degrees 30 minutes O0
seconds West ~25.0 feet to a monument~
THENCE North 60 de~rees 25 minutes ~0 seconds
F~st 28~.15 feet to a monument and land of Jack
Sterni
THENCE along said last n~ntioned land, South
degrees 12 minutes O0 seconds West ~O0.0 feet to
a monument;
TH~]~'~ South ?# degrees 51 m~nutes O0 seconds
West 3~So98 feet to the point of be~nning.
TO~IETHI~ with a right of way forever, for ingress,
e~eess and r~ess over ~he strip of land 33 feet
in width f~om the Southwesterly corner of the
pre~;~ses southerly about ?It5 feet to the l~ain
Road
BUB~CT to a r~-sht of waF forever, for ~ns~ss,
eS~ss ~d ~ss over a st~P of l~d ~ fleet
~n w~dth ove~ the ~esterl~ ~ fleet off the p~ses
descried he~n ~n favor of the ~ns l~d
off the pa~ of the
the ~th~est off the p~ses deso~bed ~n.
~R ~ith a ~t off ~a~ 2~ feet ~n ~dth
exten~
p~ses described he~n ~n a
~et~on ~d along l~d now or ffo~l~ of
~oraee
Isled ~d ~d the ~e use off the beach
adjoining
W~,
by deed da~{d A~s~
Olerk of S~folk Oo~y, S~a~e of New York on ~9~e~er 3,
1~8 in ~ber 6410 Page 597~
Whereas, the First Party and the Socond ~a~ttes
desire to modify and restate the clause in the said deed
recorded in Libor 6~10 Page 597 reading as follows.'
-2-
"SU~ECT to a right of way forever,
for ingress, egress and regress over
a strip of land 33 feet in width over
the Westerly 33 feet of the pre,lees
described herein in favor of the re-
maining land of the party of the first
part immediately to the Morthwest of
the premises described herein."
as that the same as modified and restated will provide for
a right of way 50 feet in width.
MOW, THEREFORE, IT IS M~U~T.r.y AG~WxD, A~ FOLLOWS~
That the said Subject clause set forth in the
deed dated August 2~, 1968 between the First Party and the
Second Parties recorded in the Office of the Clerk of
Suffolk County, New York in Liber 6~10 ~age ~97 be modified
and restated and as restated said clause shall read as
follows~
NSU~JECT to:,~a right of way forever,
for ingress, egress and regress over
a strip of land ~0 feet in width over
the Vaaterly ~0 feet of the premises
described herein in favor of the re-
mainins land of the party of the first
part immediately to the Morthwest of
the premises described herein."
Except as modified herein the terms of the said
deed reoorded in Libor ~10 Page ~97 is hereby ratified and
confirmed by the parties hereto.
XN WITHESS WHEREOF, the parties hereto have here-
unto set their hands and seals, the day and year first above
written.
-3-
STAT~ OF NEW YORKI
¢OU~F~ OF SUFFOLK)
On the Rnd day of November, 1968, befol~ me
personally came JOSEPH HOYTSTI~RN tome known to ba the
individual described in and who executed the fo~e~oin~
instrument, and acknowledEed that he executed the same.
STATE OF ~ YORKI
ss.
C0U~T~ O~ SIll~OLK)
On the ~nd day of November, 1968, befor~ me
personally ea~ HAROLD W. CONROY and RIITH M. CONROY to
me known to be the ~ndividuale described in and who
executed the for~go~n~ instrument, and acknowledged
that they executed the same.
¢
E/VT-