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HomeMy WebLinkAbout1000-9.-3-46 2 .J 3,770~ ~Jktov./~l,.l(il F~.~::cELs T'o E:,E CONVEYED !'o t,,AAT. IF_ LEEF' (DkiLt /",.~D ,_I-OHN I::::'LA, t';,.ITEN GAILLA'E"D V% ILL I ~,L/i ,I E:5. (3~1L_I ,A,.ED, ,_.T ~. FI$1-fEES ~T 15LkNID- NEW YOEK CHAHDLE'~ , F4. Lk.'{E~ fl.. KING klO Iz.W ~ C: FI ;, C O k,I 1.4 ECTI C. UT Parcel fo~: Marie bee A ce;:ta.{n ':tact oz- uarcei, of !and at bounded -" ' Beg{nn-[ng at an iz~-r.,. DJ. pa on 'the ktester!y line Hill Avenue at -~'-~ ' ~h~ No~-tns~aauerzy corner o? lano to ce c,0nvev~a Norti~ of,., ~ po~n': ;vOUCh ia 2391.10 feet ?'--~+,_.,, o~ a .~,x '~he United S~ates Coaa-a and Geodetic~=:~,_;e ........ ; T?'_ ~..~:,_.~=~?,,~:,'-40,~ ..... Staziun ..... 1 8,3° 15' 25~ i'Je~i: 102 50 :ee~ to 'Prt0S~: ella i:~ance ?unnln'~ hO~ ~_l . Seat.4 22° i9t ,44~r 'des,. ~'~ E~ c . , , i~oiTi!:i!eii~ ; ~i2eilc(~ South O° ~.9' 2o- East 104.26 feet these ~ '~- ~clll~ o ..~.- ....... .,_. ~ou%3c,~s,.c..~_) ~...a~-~,--.:~ ..... v/ 911 said !ancl t9 be conveyed to ' ',,'.,.' .-,~,,,. D. ~''~'-" Jr.,' k ....... ,,I~.=~ 352 o-, ~_eo~ ............... "'"~' ~':' >'"' ..... 29° 47' oO ...... 't5~._ 22V' ~:~.s~ 9I~29 fee~ to ~ monutuent at the l",~.,.~._..:,~-: '~.:_:e:-' of to ~'* oz b.agznn~n~. Parcel for john Pianten Gall!etd (May 17; i972) (SBP) A certain tract or parcel of land with the buildings standing '-' -~, ,.11~. ~o,. locatedcboe- pzfiners Island, Town of ~ .c.c ....... o~.ng bounded and County o]; Suzzozkr Stale of New ~o~a~ '~' described as foZlows: Beginning a~c a monument on ¢he l'iester~.¥ !ina of Bell Hill Avenue: said monument being located 2363.2I feet i',~orth of a point which is 291g.00 fee¢ West of another u~onumenl harking the United Sta¢es Coast and Geodetic Survey Triangulation S¢a~ion "PROS" and ti~ence running North 34° 17~ 46" ?/est 186.62 feet ~o a monument, abutting Noriheas-gerly on land lo be conveyed ~3o William D. Galliard.. Jr.; thence South 87° 02~ 19" Wes2 352.32 feet ~o a monu~nen¢: thence South 87° 02~ 19~ West !6.50 fee% ~o the shore of Lit~.e Hay Harbor, these ~wo lines abutting Nor'~herly on %and ~o be conveyed Marie Lee Gat!lard; ?hence following the meanders of said shore li~e South 6° 29~ !5~ West 54.35 feet and South 36° Eas~ 12t.49 feet ~o land of Wil!iam D. Gat!lard iii; thence South 83° 4.0' 30*: East 14.28 feet ~o a monunmn¢; thence South 83° 40' 30" East 390.00 feet ¢o an iron pipe at said Avenue line~ these two lines abutting Southwesterly on land of said Wi!tia~] D. Gaitlard III; thence alon~ said Avenue line North 4° 48~ 10t2 East 60.90 feet to the point ~f beginning. Co~[~lnl[lg ~.7~. acres, 5~ore or iess. Subject to the right of William D. Gaiiiard. Jr. to use and maintain ti]a water service pipe leading 9o t~e dwa!ling on his premises, sa:id pipe extending Northwesterly from Bell Hill Avenue and being located adjacent go and Southwesterly from %he first described tine in the above described tract. Being a portion of ¢i:e pr :emises conveyed by Louis i% Bowers to b~?.ric: Planten Gaillard by deed dated Septenber 29, !.912 recorded in Suffolk County Clerk's Office in Libor 856. Page 5S2. (May 17~ 1972) (SBP) Parcel for William D. Gaiilard, Jr. A certain tract or parcel of land with the buildings standing thereon located at Fishers Island, Town of Southo!d. County of Suffolk: State of Mew York~ being bounded and described as fellows: Beginning at a monument on the Westerly line of Bell Hill Avenue: said monument being located 2368.2t feet North of a point which is 29t8.00 feet West of another ~onument marking the United States Coast and Geodetic Survey Triangulation Station ~'PROS~ and thence running along said Avenue line i<orth 4° 48: i0~: East 32!.25 feet to an iron pipe at land to be cbnveyed to Marie Lee Gaii!ard; thence North 80° !5' 25:~ Wes? 102.50 feet to an iron pipe; thence South 22° 19' 44~ 1gear 85.50 feet to a monument; thence South 0° 49:26~ Eas~ t04.26 feet to a monument~ these ~hree lines abutting Nortbeasterly~ Northwesterly and Westerly on said land to be conveyed to Marie Lee Gaiiiard~ thence South ~.o i7' ~6~ East I~6.62 fee~ to ?he point of beginning, gbutting Southwesterly on !and to be conveyed to John P!an%en Gailiard. Containing 0~69 acres: ntore or !ess. Together with the right -~o use and maintain the water service pipe ieadJng to ti~e duelling on the i,,e-_.--ein conveyed tract., said pipe bein~ looM:ed on land John Pianten Gaiilard~ said pipe ex'bending ?~ertbwestarl¥ frou~ Bell Hill Avenue and being loca';~ed adjacent -go and Sou'ghv~esterly frol;] the last described line in the above described Being a port{on of the pre:.~ises conveyed by Louis W. Bowers to Marie Pian~en Gaii. lard by deed da'ted Se~)te~nb~r Z9~ t~I~ recorded _%n Suffo~t~ County Clerk's Office in Liber $56. Page 3o2. ~a.vc~_t £o:t Marz.= Cee galliara A cer%a{n z~a~ or parcel of land at Fishers ~' ' ' of Soa~no,_d, County of Suffolkr Sta~e of h~,-.~ Yo~. :-~' ~ bounded and described as follows: - ~"~ Wes%er!y of Beginning at an i~o:.~ pipe on ~n_ !Lne 3e!l Hill Aven,.~e at ~.,~= Nor~b~asteziy cozner o:,? land ~o b~ conveyed ]',o~ ~ ~ Do~n'~ Wn~cu ~s 2o9!.i0- r~.,. The un~%ed S~.a~e~, Co:~s~ and Geodetic Survey TF~a~,~',~-~o:~ Sta~zon "PROS'= and ~"~nence- - runnin~ l[orth g~o 15 ~'-"' ~'"' ..... 49' 26~ East ~ "¢ .... 1, hence Sough 0° ' ~,.;~. _.) on z~ land ?9 ~=~ conveved, to ~.,4~-~.a,,, i). Gaiiiard~ ~,T~'... ,' %ocnc3 Sc~ti~ 87' 02~ 19~ Wes-~ 302.32 ~eo a So::ti: g7° ()2~ 19" West 15.50 feet ~o ~l, cs,_ 'ti~ree l:u~eo abuttiug North~.~esi:erl~ a~t.tu hvenae lineoc.l° ..... ~n 33° 32~ .,~ ,_.. _,.. ', a_~_lg said Avenue line ¢~c . -*:'b, A°. ,,o l0r: West 14.2d.. feel: 201i,.;2z'_-'11i2~ !..75 acres: r,!ore Or Clerk's Office in b{berojo,'~-~ Page Parcel for John Pianien GailIard (May 17~ 1972) (SBP) A certain tract or parcel of land with the buildings standing thereon located at ?ishera Island, Town of Southold? County of Suffoik~ State of New York, being bounded and described as fo%lows: Beginning aC a monument on the Iqesteriy line of Bell Hill Avenue, said monument being located 2368.21 feet North of a point ~bich is 2~!g. O0 fee~ West of another monument marking ~he United States Coas~ and Geodetic Survey Triangulation Station '~PRO$*~ and thence running North 3~° 17: ~6~' West 186.62 fee~ to a monument, abutting Northeasterly on land to be conveyed Co William D. Gailiard~ Jr.; ~hence South 87° 02: 19~ West 352.32 fee~ to a monument: thence Seuth 87° 02' 19~ West 16.50 feet to the shore of Little Play Harbor~ these two lines abutting Northerly on land to be conveyed ~o ~arie Lee Gai!!ard; thence following the meanders of said shore line South 6° 29' !5~: West 5~.35 feet and South 36° 48' 00:~ Bast 121.~9 feet to land of William D. Gai!tard Iii; thence Sou~b 83° 40~ 30~? Bast 14.28 fee~ to a monument: ~hence South 83° ~0~ 30~ Bast 390.00 feet to an iron pipe at said Avenue line~ these two lines abutting Southwesterly on land of said William D. Gaitlard Iii; thence along said Avenue line Nor*h ~o ~g: i0~ East 60.90 feet to the point of beginning. Containing i.74 acres~, more or less. Subject to the right of Wi!lia~u D. Gai!lard~ Jr. to use and maintain ~he wa-~er service pipe leading to the dwelling on his premises~ said pipe e×tending Northv~es~erly fro!n Belt Hill Avenue and being located adjacen'~ ?o and Southweste-~iy from the first described llne in the above described tract. Being a portion of the pr .emises conveyed by Louis W. Bowers to Marie Planten Gaiilard by deed dated September 29: !.912 recorded in Suffolk Coun[:y Clerk's Ozz~ce in L~.bero_,o.'~ Page .~o2~ (May 17~ 1972) Parcel for W~lliam D. Galliard, jr. A certain tract or parcel of land with the buildings standing thereon located at Fishers Island, Tov;n of County of Suffoll% State of New Yeti% being bounded and described as follows: Beginning at a monument on the l{esterly tine of Bell Hill Avenue, said monument being located 2368.2i feet North of a point which is 29i8.00 feet West of another monun%ent marking the United States Coast and Geodetic Survey Triangulation Station ~PROSt~ and thence running along said Avenue Iine North 4° ~8: l0t? Bast 321.25 feet to an iron pipe a% land to be cbnveyed to Marie Lee Gaiitard; thence North 80° !5~ 25~ West 102.50 feet to an iron pipe; thence South 22° !9: 44~ West 85.50 feet to a monument; thence South 0° 49:26~ Bast 104.26 feet to a monunent? these three lines abutting Northeasterly, Northwester~.y and Westerly on said land to be conveyed to Marie Lee Gaii!ard; thence South 34° i7' 46tt East 1.86.62 feeZ to the point of beginningr abutting Southwesterly on land ~o be conveyed to John P!anten Gaiiiardo Containing 0~69 acres~ more or less. Together: with the right to use and maintain the vmter service pipe leading -So the dweiZing on ?he herein conveyed ~cract.. said pipe being- toca~:ed on land -go be conveyed to John Pta~ten Gaiilard, said pipe extending Nortb~?esteriy frown Bell Hill Avenue and being located adjacent -~o and Sou'ahwesteriy from %he last descz*ibed line in the above described tract. Being a po?lion of ~he premises conveyed by Louis to Marie Planten Gaillard by deed da~ed Septenbe~ 29. 19i2 recorded in Suffolk County Clerk's Office in Liber 856.,, Page 3t~2'=" 350 EAST 57 STRI~'T NEV,~ YOKK, N. Y. 100~ 935-014~5 I~ Mx. John Wickham Chairman,Southold Planning Board SouthoXd,L.I.,N.y. 11971 31 May 1972 350 East 57th Street New York,N.Y.lO022 Re:Minor subdivision on Fishers Island,subject of preliminary approval per your letter of 23 March Dear Mr. Wickham, In order for the Planning Boaed to complete action on the minor subdivision,I enclose ,as requested in your above-referenced letter, three copies of the final map and three copies of the metes and bounds description,aa established by Chandler and Palmer of Norwich,Corm,for the three lots in question. When I have been informed of your final action,m brother MX. William D. Gaillard,Jr.,! Chase Manhattan ~lasa, New York,N.Y. will deal with the recording of deeds in accordance with the family settlement of the trust,a draft cppy of which was furnished for the Board's information with our original subdivision application. If Board action is subject to delay for any reason,I should appreciate the information as my sister Miss Marie Lee Gaillard,the owner-to-be of one of the plots is planning to file a building permit and presumes that Board approval is a prerequisite to approval of any such application. Except for this letter,lit. H.Terry has been kept informed of our planning and might be able to fill you in on any details not already covered by the informs&ion in hand. n. P. O~llard Hr. ~ohn P. Gaillard E. 57 st New ~ork~ N.Y. 10022 ,,?une 21 1,9'72 Dear 8ir; I am sorry for the delay in forwarding the enclosed approved minor subdivision maps etc, Due to the late hour of ~he last planning board meeting the Chairman forgot to sig~ ti~em, Enclosed are tow copies of approved map signed by Chairman and your copy o£ the endorsed application and receipt for fee paid, Yours truly SURROGATE'S COURT' : COUNTY OF WESTCHESTER - x In the Matter of the Settlement of the Final Account of Proceedings of JOHN PLANTEN GAILLARD, MARIE LEE GAILLARD and WILLIAM D. GAILLARD, JR., as Trustees of the Trust created by Article SIXTH of the Last Will and Testament of WILLIAM D. GAILLARD, : Deceased. RECEIPT AND RELEASE WHEREAS, William D. Gaillard died on August 18, 1959 resident of Westchester County, New York, leaving a Last Will and Testament which was duly admitted to probate by the Surrogate's Court, Westchester County. Letters of Trusteeship of the trust under the below-mentioned Article SIXTH of said Will were duly issued to John Planten Gaillard, Marie Lee Gaillard and William D. Gaillard, Jr. on September 15, 1959; and WHEREAS, said John Planten Gaillard, Marie Lee Gaillard and William D. Gaillard, Jr. entered upon the discharge of their duties as Trustees; ~and WHEREAS, Article SIXTH of said Will read as follows: "SIXTH: I give, devise and bequeath to my Trustees hereinafter named my real property at Fishers Island, New York, together with all the furnishings thereof, and the sum of Twenty Thousand Dollars ($20,000), In Trust,'to hold the same during the lives of the two youngest of my children who shall survive me, but not for more than five years after my death; to apply during said period both principal and in- come of said Twenty Thousand Dollars ($20,000) to the maintenance of said property (including taxes, wages of necessary help, and general upkeep) as a summer home for any of my children ~who may desire to live there, and their respective children, husbands and wives. No rent shall be paid by those who occupy the property and all ex- penses, including food, shall be paid out of the trust fund. Provided, however, that any time during said term of five years this Trust may be terminated by agreement executed by my four children or such of them as shall then be living, in which event, and otherwise at the expiration of said five years, or upon the death of the survivor of my said two~ youngest children, said property and the balance, if any, of said Twenty Thousand Dollars ($20,000) shall be conveyed, transferred and paid over, in equal shares, to my then surviving children and the then surviving issue of any deceased children, such issue of a deceased child to take per stir~ and not per capita the share which the paren~ would have ta-k~f living." and WHEREAS, attached hereto as Exhibit 1 is an account of the proceedings of the Trustees covering the period from August 18, 1959 through December 31, 1961, in which are shown, among other things, the receipt by the Trustees of the real property at Fishers Island, New York, together with the furnish- ings thereof, and the receipt of cash and securities in the amount of $20,000, all as provided in the aforesaid Article SIXTH; and WHEREAS, the trust created by said Article SIXTH was .by the terms of said Will to terminate on August 19, 1963 (five ~years after the date oF death), but for convenience of adminis- 'tration of the assets constituting the trust the same were not conveyed, transferred and paid over as of that date but have con- tinued to be held and administered by the Trustees; and WHEREAS, the children of the deceased who survived him lived throughout the term of five years referred to in said Article SIXTH, and are still living; and WHEREAS, the undersigned are desirous of avoiding a ~udicial settlement of the account of the Trustees and the legal proceedings incident thereto and the expenses involved therein; WHEREAS, the undersigned are generally familiar with all the facts in connection with the administration of the property and the fund from August 18, 1959 to date, including substantially all the decisions made with respect to rental, maintenance, repair, improvement and protection of th~. property, and they have examined Exhibit i hereto and have been furnished with the schedules to all Federal income tax returns filed by the Trustees (setting forth all data relative to the tax compu- tation) required for their personal Federal income tax returns (pursuant to the Code provisions ma~ing the trust taxable to them as its beneficiaries and distributees); and WHEREAS, the checkbooks showing all receipts and ex- pendi.tures during the entire period of-administration have been ~.made available for examination by the undersigned, as have all real estate tax bills and vouchers or bills for substantially all other expenditures made; and WHEREAS, substantially all the furnishings in the ~summer cottage (called'"Weltervreden") consti6uting the ~rincipal improvement on the property have been disposed of (in the main by gift to charitable organizations) in accordance with the decisions of the undersigned, and the remaining furnish- ings in the cottage are without value; and WHEREAS, the balance of the fund remaining as of November 16, 1971, consisted of the following (market values of the stocks being taken at the closing prices on the New York Stock Exchange and November 15, 19?l): 250 shs., American Tel. & Tel. Co., Cap. Stk., ParS16 2/3* 175 shs., Union Pacific corP., Com., Par $10'* Cash 11/16/71 Market Value $10,562.50 9,318.75 2,102.90 $21,984.15 WHEREAS, there will be due and payable, in ~Wo in'stall- ' ments (payable without penalty until January 10, 1972 and May 31, 1972, respectively), certain taxes (special district, school, town and highway, state, and county) for the fiscal year December l, 1971 to November 30, 1972 in respect of the property, in an aggregate amount not yet determinable but estimated to approximate $3,000; and WHERFAS, it will be necessary for the Trustees, out of the balance of the fund remaining' in their hands, to pay their attorneys, Milbank, Tweed, Hadley & McCloy, the sum of $5,500.00 for their services rendered (particularly in the preparation of income tax returns), and $63.02 for disbursements incurred, in connection with the administration of the trust, and for their services in the preparation of this Receipt and Release; and *Of the 150 shs., American Tel. & Tel. Co., Cap. Stk. shown by the attached Exhibit i as originally received, 25 shs. were sold April 9, 1963; the remaining 125 shs. became 250 shs. by virtue of the 2-for-1 stock split effective May 28~ 1964. **The 175 shs., Union Pacific R.R. Co., Comm., shown by Exhibit i as originally received were exchanged for an equal number of shares of Union Pacific Corp. on or about June 9, '1969. 4 WHEREAS, the aforesaid cottage constituting the principal improvement on the property is, in accordance with the decision of the undersigned, to be completely demolished; and WHEREAS, the Trustees have formulated a plan for the conveyance, transfer and payment over of the property as it will exist following said demolition and of the fund as it will ~xist following payment of the aforesaid amounts, under which distribu- tions will be made to the children of the deceased in substan- tially equal shares as provided in the aforesaid Article SIXTH, and the children of the deceased by their execution o~ thig in- strument do approve said plan; NOW, THEREFORE, in consideration of the premises, the undersigned do hereby consent and agree with John Planten Gaillard, Marie Lee Gaillard and William D. Gaillard, Jr., as Trustees, and with each other individually, as follows: FIRST: The undersigned do hereby ratify, approve and confirm each and every one of the acts and proceedings of the Trustees in the administration of the property and fund from August 18, 1959 to date, and do hereby expressly waive any right to a judicial settlement of any account by them, it being the purpose and intent of the undersigned that this instrument and the releases herein contained shall be delivered as binding upon the undersigned and in'all respects as conclusive as though a final account had been rendered in the due course of a Judicial proceeding or action and had thereupon been allowed and settled by the judgment or decree of a court of competent Jurisdiction. SECOND: The undersigned hereby consent and agree to the following payments to be made by the Trustees out of the balance of the fund now held by them (as such balance may be in- creased by any receipts after November 16, 1971): 5 To the Receiver of Taxes, Town of Southold, both installments of the above-mentioned taxes for the fiscal year December l, 1971 to November 30, 1972, the same to be paid on or before December 31, 1971. To Milbank, TweeD, HaDley & McCloy, the sum of $5,500.00 for their above-mentioned services and disbursement~ together with such further sum as may be necessary to reimburse them for disbursements hereafter incurred in connec- tion with the matters set forth in this Receipt and Release. and also any additional payments that may be necessary or appro- priate in the administration of the property pending completion of the distributions contemplated hereby. THIRD: A. The madersigned hereby consent and agree that the real property held by the Trustees, being the property bounded in red on the map attached hereto and marked Exhibit 2,* shall be conveyed and transferred as follQws, and the undersigned agree to join in any and all instruments of conveyance and trans- fer which may be necessary or appropriate: (1). As to the portion of the property marked "A" on said map, a life estate therein · shall be conveyed and transferred to Marie Lee Galliard, with the remainder interest to Anne Gaillard Baldwin and her estate; (2). As to the portion of the property marked ~B" on said map, a life estate therein shall be conveyed and transferred to John Planten Gaillard, with a further life estate to his wife, Elizabeth Hitchcock Gaillard, if she survives him, and with the remainder in- terest to William D. Gaillard, Jr. and his estate; and (31.., As to the portion of the property marked C on said map, including the improve- ment thereon, the same shall be conveyed and transferred to ~illiam D. Gaillard, Jr.; it being understooD, however, (i) that the boundary lines of said portions A, B and C sho~ on the map are only approximate, and *See Exhibit 2 to Application for approval oT plat. 6 thab the precise metes and bounds of said portions will be as determined by survey to be made as soon as practicable, generally in accordance with the approximate boundary lines shown on the map; and (ii) that the conveyances and transfers as aforesaid shall be made after the demolition referred to'in one of the preambles hereto. B. The undersigned agree that the amounts determined by the Trustees and set forth below opposite the respective names listed represent the approximate present fair values of their respective interests pursuant to the above: Anne Gaillard Baldwin Marie Lee Gaillard John Planten Gaillard Elizabeth Hitchcock Gaillard - William D. Gaillard, Jr. remainder interest in portion A - - - $ 3,000 present interest, for life, in portion A - - 12,000 present interest, for their suc- cessive lives, in portion B .... 12,000 - remainder interest in portion B - 3,000 present ownership of portion C - 9~000 .... 12,000 The aforesaid amounts reflect, among other things, (a) the different values of the acreage constituting portions A and B, being waterfront acreage, as compared with the acreage con- stituting portion C, (b) the present value of the right of immediate enjoyment of portions A and B, as compared with the present value of the remainder interests only to be enjoyed at future dates, and (c) a relatively low valuation of the improve-~ ment'on portion C. FOURTH: The undersigned hereby consent end agree that the balance of the fund held by the Trustees after the payments referred to in SECOND above shall be transferred and paid over as follows: (1). As a balancing payment to equalize th~ distributions pursuant to this Receipt and Release, the sum of 99,000 shall be transferred and paid over to Anne Gaillard Baldwin in cash and/or in securities now held by the Trustees, taken at their market value at the date of transfer. (2). The remainder of the fund shall be transferred and paid over in equal shares to Anne Gaillard Baldwin, Marie Lee Gaillard, John Pl~nten Gaillard and William D. Gaillard, Jr. FIFTH: The undersigned do hereby remise, release and forever discharge John Pl~nten Galliard, Marie Lee Gaillard and William D. Gaillard, Jr., as Trustees and individually, their heirs, executors, administrators, successors and assigns of and from any and all action, suits,'debts, dues, sums of money, damages, judgments, duties, claims and demands whatsoever, whether in law or in equity, which against John Planten Galliard, Marie Lee Gaillard and William D. Gaillard, Jr., the undersigned ever had, now have, or hereafter can, shall or may have by reason of any act or omission, cause or thing whatsoever in connection with their administration referred to herein, including the distributions contemplated hereby. 8 This instrument shall be binding upon the heirs, executors, administrators and assigns oF the undersigned. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the 16th day of November, 19?l. Anne G. Baldwin (L.S.) John Planten Gaillard Marie Lee Gaillard (L.S.) (L.S.) William D. Gaillard, Jr. 9 chu¢c t City, i,. the year O,.e thous(~nd ~Jne hu~drc~l and '~'...z'". t ~ en, LOUIS~ W, ~O'i,5;RS~ widow oS }Ien~y 7$~we~ deoea,ed, o~ the ~ounty ~nd *- ~ S~,x~e of. New York, p~rty of the first par~, "q -'and- '1 '_!dkRIE PLA'!;TEH' GAILLARD,. of the same place, second part, .Z~. · oarty of .'t s~n~ of ' One hundred dollars, lazo/'uZ ~o~ey of tAe U~[lte~ States~ and other v-'~luable considerations, paid by the part y of the second part, go~hereby 2'razor azz?5 release gz~to the sagg i)az't y of tAe second P~rA-.~.. ~ ~"' Sn ' heirsalz~as~ll, Bflorev~r, Z/that certain tract of l~nd, with the im- provements thereon, situated' on Piskers Island, in the'County of folk and State of :;ew ~_o~ic,"' shown' on a map e~.l~lf''~led "Property on ~ P~.~m. ..... i~land' ' ~,ew York, to .be conveyed, by Louise W. BOWerS, ~ Planten Oaillard. Sept. 1913", to 2e filed i': the office of . ~e C!cPk inc. to .~..~.d~'q '~,ap,' as follows: ~oL,=I~,.,~G at a mere stone in the west line of Belle.Hill Avenue which stand, s '2-iXteen an2 seventy-six one-hundredths ( ~ ' 1).7o) feet northeasterly} of '~ 'u ~ po.~n~ in said avenlle~ and is a!~o at t_,~l~'~ '. ~ ,.~,~..' poln,~ ,A~e the 'center line of ?Yest Sire ~ if e~ pro- duced would intersect 17 ..... -~--" line -.~ %,.~ of sai'd ~ellc Hill Avenuej '~ ~ ' ~' thence westerly in a li~le which is ~%t an angle of one R - ._3. n.~.l a".d tkir- teen~c''"~ ~ no minutes +' '~ ~' t..~ line oJ b,~.Ld a.,,mu~, n~m~y-onc a_,(,' ,- . Sou_' "-~e~,<.-' ~,~o (91,4) f.~et~ to a ,,c.'c ~.. ~, ck .,~ ...... lo x · ,n a dcflCcticn of ex~nteen (].d) ~--] '.f-~.~U (-3) ,'',~,-~ .o ~e ..... ll~e, and in ..n.., ~,.~ to thc left from *'- ~ ' ~ line p~::~c, ile} %0 ' '~ ~ .... ~o ..... line of lca]d .... ' to.._.~_~ ~j, ~ ..... -., on o:~nk fifty (~0) f~:~ fro:x hJ.?:h ,""+ ~" ,1 oo. . .... c- llne on t-'c"c, of Little Nay ,~:°"'>,o. .........., ~:,e.,c:: "'.,itn'-" a Ceflecfi~on of ~ .......... (:.) .......,~ . .nL~,.u~ ~C' the le~ ~, forty-~c'.;c:n (.,~) ~cct for~:,' (.;,':O) a'-".-** ,., ] c~., Jn *.[ . lin(: or four bu:adred and sizty (e:.,)) ~':-'~ ,,~. ~ ....... o~. li~ie %~ a drill · ..... ( ~ .... et:fl Of ;,u. oJd x., ~l ,:~:~ .... ac /:~[1. i .':'Itc:' ].ir;e; %l,,,t(,(,'w', '" (:::s!;c:.'lv. -';,3.:,:'"', ..... ~¥-., wa. Il < "- '.:.. ,.,. .]?ud:cmd ur~d flft',--s'[," .(b:.,u)" ' feet more or loss %o %e].!e " ", ...... ~ avenue ..... aa, t ...... (j) Jcet to a f t.-~h,]t ,1,. S ( ' ' ' ,,.'/,.ql,h. ':iF.. :,::1'1',l..d',' [t:~"rC:~i.'"-:';iX. t,l~'.-]lR:' IPC~If.I'L'' (] ';. /~') i'C("; %0 ,.~' t' .... ' ';l:~ ,.',. 4 ..' '- · · , . ~, n~ "' l,t ;in;l~U::~ t,).l,~,:. 1111 :f'i'¢c :'li(l L)iJ. ~,,-C .... ~ It- .*1, : .... i11..!~ pLtrt ill :Iud to ]'.~C].lc }fill Avcll~n'3 ~ld,;olnili.C s~id ):'k ~li:~'s. A];D thc .~:,.i.d pa::'ty of thc second part, for and ineousi' '.ratzon' ' of,'~,bg~:~onvey;~.nce of t}tt: :).bov~ mentioned aud de~orib~d ].:~(ls prc gl..,~.~ ~ ,lade by these presents, }.,~h coveuauted and a,'recd, and ~Lc,,~ p~.,eut'.~ doth for herself her heirs and as~i~2l~ls~ OWnl~l~~ O~ , havin[~ at any fut~lre ti:ue any est:.%te,, r] ...... , ~ , ..... in and to tile above described l~tnds an~l.'pre~nises~ or ~.ny part thereof ~?ue. to '~nd wit~ said pa~ty oS tko first ~,a~,,~ he~ suc- e-~.(...ed, or a].!owcd {o be erected or carried on~ on the lands and pme:~i..es veyed o~' ~ny13~' _~u ~.e_eof, % ' atlLz slaughter house, tallow c]:cu~dlery, any n~anufactory'of ~unpowder, ,~.ue, varnish, vitriol, ink, p~trole~ or tu:?entine, a.,, bone, tanuing, dressing o~' ~)reoarin~ ski~ · ~ or leather; oz' any otl~e'r trade, .n~n,~.c~ory, business, emplo2n:~cnt ;o~' calling, .-~' ,l..:lcL may be in any wise dan~e:.'ous, no~ious, offensivd or disagreeable to the 111..~..~t ~%.1 ~S ~ uz~ ~ 'the covenants alld ~agreements herein con~.lm.O, on the oart of the said p~.!'ty of the second .... * her heirs and assigns, s}~nt! run with the la.nd~ and s}~all be .obl~Eatory on every person o~' persons, dorpol'attion o~' col'potations, ownin~ tl~e having any estazc, right, tltle or interest 'therein that would' er~able them. or any of *~,~,'~..~,.., to violate any of the said covenants or ments~ Pro~flded nevezltheless, that no persol~ or pe~rsons, co~po, atlon--~'r ,. · or co~)o..,~t~.~, us, shall in any wise be liable for any d~af~es for viola,~.lOn of the said covenants and them~ unless he~ l,, or they-s]~all at the tinle of suck violr~tion be the o%%'~qer~ of~ of' in the oossession or occupancy of * = ' ~he san. d lands. and premises }~.ereby conve~ed,'ok, of some part thereof; ' by me,ans of whicli any such violation shall occur, of and personally, o~' by its, her or their' servants or agents~ viola, re the stone or muy of th~m. havoc aud hold lh.e second, pa, r! Ihe above ~ranlctl, prcmiscs unlo the suid. parl Y of h, ei, rs and a, ssi~ns /Orcvcr. ~U, 1X.11;.~SClJ 'u,n. dcv this con.vcyancc reside ~ ~s follows: .... ~ ,, New,York C~Y, ~orough of At lTo, ~OJ ~'!est 77th .,~r.et, ha ~ t,in. ~.1)~£~ t;h,e, sai, d Lox~ise ~V. Bowers o~o 'e,~ ¢ov~7~aT~ w~tk t, he sa~~d pa.7'~ Z of the seconc~ part as'follows; paa;~ Y .of ~l~e firs~ paT'S, i~ Seized~ of th~ sai~ premises, in. fee simple, k~ s ~oog ri..~h~ to 6on.roy tka s~n~e. ~C~.~l~ff.--~a~ ~ke p~r~'Y of ~h~ seooT~g part sha.~} ~htVtt.~Tk(~ fke sa~id pren~ises are fre~ fro~ ~vot~mbra~oes, excep~ as quietly enjoy the said ~O1U;i}L~Th~L t, he pa~r~Y of ¢he firs¢ par¢ zvtl~ ew¢cul;e or procure: fu, ri, h, er -n,¢¢cssa, ry assu,rcnce of tke 't,i[le to sa.ic~.prcm~ses. · ~" ~,'~' part '~If~'l~.--T/~(~[,, tl~ p:~.rt3r of the ~.-~ will forever w.rrant lbo lille to sa. id prcmfs~s, ~h,c dad .and yc(~v first abot'b wrill¢~a. . to me know~, and known lo vie 'to b~ tl~e individual Cou~ o~ R~uNoxv, thirteen deso'lb~d ~,~ and wIto expo,gal lite C. L. BOST'WICK, Clerk of tho County of Richmond, aud. also Clerk of tho Supreme Court for the said County, thc ~iug a Court of R~rd, DO ItEREBY CERTIFY, that whose name i,~'sub~%d k~m Cc~titcuIe of ll{e Proof or Aokuowl~gm~i ol the auu~ed' lnslrument, anti th, an writlen, ~'as, at the llme of iaklug such Proof or ;kckuowledgmeut, a NOTARY PUBLIC iu and for Ibc County of l~icbmond, dwelling in said County, ~mmissiou~ and ~woru and duly authoriz~.d to lake the same. And furihcr, that I am well acquaiut~ wkh lhe handxrriting of such h'ola~y Public, and verily believe that the *igmdu~ to the said Certificate of Proof or Acknowledgment is gemdnd; I further certify thai said instrument is excculcd and acknowledged according to the law o[ tim State of New York. ~'IIEItE01,', I have hereunto~ my lm~and affixed Ibc Sea] of the said Court and Couniy, thc F THIS INDENTURE made tl~e ~ ~ day of September, 1965 between WILLIAM D. GAILLARD, JR., residing at 4 WaysiSe ~ne, Scarsdale, New York, JOt~ PLAN~N GAILLARD, residing at Jerusalem, Jordan (no street or number), and ~RIE ~E GAILLARD, residing at ~opard Road (no number), Berwyn, Pennsylvania, individually and as ~ustees under the ~st Will and Testament of William D. Gaillard late of the County of Westchester, and Anne G. ~ldwin, residing at 102 Triphammer Road, Ithaca, New York, parties of the first part, and WILLIAM D. GAILLARD, JR., residi~ at 4 Wayside ~ne, Scarsdal~, .New York, party of the second part, WITNESSETH: : That the parties of the first part,in consideration of Ten Dollars ($10), lawful money of the United States, an~ other valuable consi~deration paid by the party of the second. part, do hereby grant and release unto the party of the part, his heirs and assigns forever, ALL that certain tract of land situated on Fishers Island; County of Suffolk and State of New York bounded and described as follows: That portion of the real property ~hown on a map entitled "Property of Fishers Island New York, to be conveyed by Louise W. Bowers, to Marie Planten Galliard. Sept. 1913" filed in the office of the Clerk of Suffolk County on October 9, 1913 as map No. 560, and lying between Belle Hill Avenue and the high water line on the shore of Hay Harbor (also known as Little Hay Harbor) south of a line drawn parallel to and 150 feet northerly measured at right angles from the southerly l~ne of said real property shown on said map; Being a portion of the same premises conveyed to Marie Planten Gaillard by Louise W. Bowers by deed dated September 29, 1913 and recorded in the Suffolk County Clerk's office in Liber 856 of Deeds page 582 on October 9, 1913. TOGETHER with all right, title and interest of the parties of t~e'fl~st part in and to Belle Hill Avenue adjoining the above-des%rlbed premises; TOGETHER also with all rttht, title and interest of the parties of'the first part in and to the foreshore lyins below the high water line of Hay Harbor; TOGETHER with She appurtenances and all the estate ~nd rights of the parties 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. The said Marie Planten Gaillard died a resident~°f the County of New York and State of New York on March 8,. 1946 and letters testamentary o~ her Last Will and Testament were duly issued by the Surrogate of New York County on March 27, 1946. Pursuant to ~aid Last Will ~nd Testament the above£described real property was devised to william D. Gaillard. The said William D. Gaillard died a resident of Westchester County'on August 18~ 1959 and letters testamentary of, and letters of trusteeship under, his Last will and Testament were duly issued by the Surrogate of Westchester County on September 15, 1959. Pursuant to paragr~h SIXTH of said Last Will and Testament the above-described rsal property was devised to the said William D. Gaillard, Jr., John Planten Gaillard and Marie Lee Gaillard as Trustees under said Last Will and Testament in trust to hold the same during the lives of the two youngest of the testator's children who survived him, who were the said John Planten Gaillard and Marie Lee Galliard, two of the parties of the 5895 first part hereto, but not for more than five years after the death of~the said William D. Gaillard. Said paragraph SIXTH further provided that upon the expiration of said five-year period (said two youngest children having survived said )eriod) the above-described real property should be conveyed, .ransferred and paid over in equal shares to testator's then surviving children and the then surviving issu(~ of any deceased children, such issue of a deceased child to take per stirpes ind not per capita the share which the parent would have taken Lf living. Said parties of the first part in their individual capacity constituted the then surviving children of the said there being no then surviving issue of any deceased testator, child. -~ AND the parties of the first part, ~n compliance with Section 13 of the Lien Law, covenant that the parties of the First part will receive the consideration for thYs 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 payment of the cost of the improvement before using any part of ~he total of the same for any other purpose. IN WITNESS WHEREOF, the parties of the first part ~ve duly executed this deed the day and Year first above written. "2td s 'I~dividuall~ a~d as Trustees under Last Wil~ and Testament of William D. Galliard, deceased came WILLIAM D. GAILLARD, JR. described in and who executed acknowledged that he executed 3TATE OF NEW YORK .~OUNTY OF 'a~-'~'t-''~ ) : SS.: ) ) :-ss.: L,B[R5895 89 day of 8epSt~tbe~', 1965, before me personally $o me known to be the individual the fore6oi~ instrument, and the same. / ~/ No, 30.9723500 Qualified i~ Ndssau Coun~ Certificate Rled in New York Cou~' ~ommission Expires March 30, ~9~ On the Df day of September, 1965, before me personally came JO}~ PLANTEN GAILLARD, to.me known to be the individual ....... ~ *~ rn~e~oir~ instrument, and .Notary Public STATE OF PENNSYLVANIA, COUN'FY OF MONTGOMERY, SS: l. Aobert Rietbat.~ller , PROTilONOTARy, o! the Court of Common Pleas of said County of Montgomery, in the State aforesaid (said Court being a Court of Record), DO HEREBY CERTIFY, That. ...... ~.e.~..v......~:!9.q.~.-.~.eZ ................................. t,e NOT^,:y PUBLIC, before whon~ the within acknowledgment or deposition was made, was at the time of taking the same authorized by the laws of the State of Pennsylvania to take the acknowledgments and proofs of deeds or convey* ances for land, tenements and h. eredltaments situate, lying and being in said State of Pennsylvania. And further that I am well acquainted with the handwriting o~ such Notary and verily believe that the signature to said certilioate o[ proof, acknowledgment or deposition is genuine. IN TESTIMONY WllEREOF, I have h~reunto set my hand and seal of the said Court at ' s 28th Norristown. thl ..................................... day of described In and who execu~eu acknowledged that she executed the same. 3onally . WILLIAM D. GAILLARD, JR., _ JOHN PLANTEN GAILLARD, . MARIE LEE GAILLARD~ individually, and as Executors, etc.~ and · ANNE G. BALDWIN WILLIAM D. GAILLARD, JR. DEED ~ ~ " The land affected by the ~'~ ~ ~.,ithin instrument lies on ~ ~ ~ iishersew York Island, Suffolk County, .,,,~.....~I, RECORD & RETURN TO Milbank, ~:eed, Hadley & McCloy I Chase ]~nhat~-n Plaza Hew York 5, New York March 23, 1972 John P. Gaillard 350 East 57 Street New York, New York 10022 Re: Minor subdivision Dear Mr. Gaillard= Your application for a minor subdivision at Belle Hill Avenue, Fishers Island, New York, was granted preliminary approval at the Planning Board meeting held on March 21, 1972. The Plan~ing Board must have three copies of the final map with me~s and bounds description for each of the three lots by Chandler and Palmer. Yours truly, JW/ John Wickham, Chairman Southold Town Planning Board JOHN pL,kN'I'EN GAILLARD 350 EASW 57 STREET NE~t' YORK, ]~T. y. 100~ 935-0145 ~rch 1972 Office of Building Inspector Town Clerk's Office Southold,New York Dear Mr. Terry~ Enclosed is ~n Application for ~action by the Town Plannin~ Board,together with a check for $30.00 because of the three plots projected. I ha~e filled out form in accordance wi~h your kind explanations.~Y only uncertainty concerns th e first line of the Applicaticn. I have c~ossed out the word ,,tentative" because I would hope for final ~ppprov~l. If the documentation allows only ,,tentative" ~pproval pending execu.tion of three plats by a surveyor or for some other reaScn~I request you to m~ke the necessary change in this first line. As you told me the Board meets only once ~ month, I presume action c~nnot be expected before April.The sooner the better so far as we are concerne&. Pleas~ submit the enclosed two copies for action. p~S ve~ ff-~, · Gail~ard I .]OHN PLANTEN GAII,LARD 350 EAST ~7 STR]~ET NEW Y¢)IIK, N. ¥. 100~ 935-0145 Mr. Howard Terry Town Clerk's Office Southold,New York October 1971 Dear Mr. Terry, Please send me a copy of the proposed amendments to the cur rent zoning ordinance,as puSlished in one of the local papers. If possible,I should like to know the prospective date of their adoption as I am informed that at a public hearing no opposition was expressed. If the amendments do not cover the regulations relevant to demolition of an ~isting~ld ~ouse on ~ family owned property and poszib]~ propo~~ re~acement oy two cottages, I should appreciatet~e re, rant extracts or a citation of the title of the ~o~ing orxnance involved JShn P. Ga~llard ~r. Joh~ 7. Oaillard ~'0 ~. ~7st I~ew York~ l.~. Oct 18, 1971 Dear Jif; Your letter of Oct 14th received. our local Enclose~ as requested please i'lnd a section of one of ~a]er:~ with ordinance a~ endmer~ts as nublJ~h~d, t ~ ~ ' - , have noted wit red ink ,¢ sections sf~iica~le to residenti~l ~lstrlct. · ass~e you have reference to ~rorarty on =~ 1¢ Hill ~ve. Fish rs Is/and, f,,.k.. ~ 'e ~ I fl,.~ no requirement for permit to demolish any buiJd~n~s~ however a ~er-~it would be ' ~- su¢~ ct any requi?~.~nts In effect at the tl~ a clip, arian ~as ~ .~,~e fo~ any ty~e [ul?lng~ r~i~ential or other. r~ot~r.¢ the above will h~* helpful. ~c, urs truly Building Inspector APPLICATrON PORAPPROVAL OF PLAT To the Planning Board of the Town of Southold: apply The undersigned appllcant~hereby ~[~[~for (~e~) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To~w~ Planning Board, and represents and states as foilows: are 1.The applican~i~ the owner~f record of tbe land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) Prooosed division is to create 3plots-A,B,C- , for homes individually owned by 3 members of 2. The name of the sub~vlslon is to oe ............................. : ............ : ......... same family. Plot C bas old cottage thereon. Plot B bas house under constructiot (Bldg Permit 56192,10 Nov 1971).Plot A house in planning sta~e. See Exhibit 2. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.)~eed of 29 Sept 1913(Schedule A) less 150' stripon sout~ side. ~e~de~.l,4 Jan.1966 '.(Co~v ~tt~ched to .Scexiul~ A) ...... l nelana is ne tidy the appncanr ~:n(:er aeeos recoroett in DHIIOIK t~ounty ~lerK S otti~e as follows: Schedule A Liber ..?.~.6. ................. Page ...~.~.? ............... On ..~...O.q.~p.~..O.l?..~.~.~.3..; less portion deeded ~o W.D.Oaillard,Jr. by indenture of 2~ Sept 1965 Liber ........................ Page ..................... '. On ........................ ; listed in Liher . ..5..8.9..5 ................ Page ....~.~ ................ On . ..2/4:...S..e~t...1.9.6..5 ..... ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ : as devised under the Last Willsand TestamenBof Mar. i.e..Plan~e~ .Gai3.1a~d..a.n~. Jgm. D. Oaillard,la~ter deceased 18 Aug 1959.Details of devise from Marie Planten x~ib~ Oai.lla~ .to. ~qm...D~.Gail.la.~..a~d..%hon..%o .t.he..four..li. st ed applicants are described on pages 2 &3 of deed of 2& Sept 1965 attached as part of S cb edu.].e..A ...................................................................................... + 5. The area of the land is ...~.:.1./~7 ....... acres. (Original 5.38 less 1.25 deeded) 6. All taxes xvhich are liens on the land at the date hereof have been paid~ .......... 7. The land is encumbered by . .N..0. ......................................................... mortgage :~hY~::Y.~o~: (a) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recordedl in Liber ............ Page .................... in original amounl of $ ................ unpaid amount $ ................ held by ........................... .......................... address ..................................................... 8. There are no other encumbrances or liens against the land)~(c~!~( ........................ 9. The land lies in the following zoni,ng use districts .~_ .................................... 10. No part of the land lies under water whether tide water, stream, pond water or other~vise, 11. The applicant shall at his expense install all required public improvements. 12. The landl (does) (:~ReXsXa3~) li,e in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .F.i.~q.~l?.S.. ~S~aP, d..UtJ.]-;Lt y.. ~.o ........................ Connexions to existinz 13./¥Vater mains will be laid Iffy ,.. ~4.. C...Fo. yle..&..Son .................................... and (a) (~iX) charge will be made for installing said 3~0J~. connecting water pipes t 14. Electric lines and standards will be installed by ...F.~-~.}~37..s, .[[D.~&qd. flJ.-.:l-~:~tD.3f..~0 .... .................................... and (a) Ocli) charge will be made for installing said lines. 15. Gas mains will be installed by .... NI3~E .................................................. 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 show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. See Exhibit 1 for map 560(Southold Register,Book 1,Map 13)illustrating Deed of 29 Sept 191~ and Ex- 18. There are no existing buildings or struct,res on the land which are not located and shownbibit 2- on the plat. approx, plant 19. Where the plat shows proposed streets which are extensions of streets on adjoining ds~isi°n' division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions ~vith the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. See deeds attached as Schedule A 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". See pages 6 &? of attached draft Receipt and Release marked Schedule D 22. The applicant estimates that the cost of grading and required public improvements ~vill be $..7. e~.o.., as itemized in Schedule "E" hereto aunexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a licensed surety company unless otherwise showu on Schedule "F". ~ ~ ~ni ~0~,. (Name of Applicant~ ~ ........ (Name of ~plicant) E~ . .~. ~ayzide..L~e.~. ac ~s.dale.,.N,.Y. l0583 ~XN~~r e s s ) (Name of Appl~ant) .... B~O.Ea~t.~?th. St..New. York,N.y. 10022 6 ..... ............. On the 23rd day of February 19.72 before me personally came . .W.i.~-.1. i..a. ro....D......G.8, j,~],O..l?~t.s' .J.]~ ........... to me known to be the individual described in and wh6 executed the foregoing instrument, and acknowledged that . .]~.e. ......... executed the same. Notary Public DlVC LfiVTBENCE ALTSCI~B PRE New yoxk NOTABY PUBLIC, State o! No. 31.5062875 Commis~on Expires ~oxoh $0, STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. ~y .............. of ........... 19 ....... before me personally came · ' ........ ...": -- :.-~ ............ to me known, who being by me duly sworn did de- pose and say that ............ reside~at No. ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing h~strument; that ............ knows the seal of said corporation; that the seal aff~ed by or~er o~ the board of directors of said corpor- ation, and that ............ si~ned ............ name thereto by like order. Notary Public STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK ) On the ~ day of Ira~ruarM, 1972, before me personally came John P. Gaillard to me known to be the individual described in and who executed the fore- going instrument, and acknowledged that he executed the same. Notary Public ) · ' SS. ~' day of ~ ~ ~ , 1972, before me personally came Anne Gaillard Baldwin to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ~6tary Publid/ ~erm E:q~r:~ ?.l~rch 30. STATE OF ~//~//~ · ) : Ss..: on the ~/-~ day o , 1972, before me personally came Marie Lee Oaillard to me known to be the individual described in and who executed the foregoing instrmment, and acknowledged that she executed the same. ~z~/--~t ar y ~uDllc ~/ ~(..)~c,n ~(. , u~. the year ()lle Ihot~sand nh~a htu~drc~ and '~" ~gtlU~Clt LOUIS~ W. BO'.TJ~RS, widow of Henry 7~ower~, deceased, of the City, ~ounty and S~a,e Qf New York, party of the first pa~-t; .... q ' · . -'an d - i{ARI]~] PLAIiTE]k GAILLARD,. of second part, ':x the same place, party of ~' ' ~.~iht¢$$¢t[Jg~ T/&at tl&e said part> o£ tl&e first part, g,~ co,*skleratio~, of the s~n~ of ' One hundred dollars, law/tJ ~zoz~ey o/tke U~te~t States, and other' %~%luable considerations, pa~cl by the par~ :,, of the seconcl part, do~shereby ~ra~t anT~ release g~to th~ sa~g g~rt y ofl tke seceded par~ her heb's along gssiffn, s forever, ~I~ ~/that certain tract of land, with the im- provements thereon, situated on Fishers Island, in the'County of Suf- folk aud State of ~'Jew l~ork, shown on a ma'o cntit2ed "Prooart~ on ~F~on~= .... island ~,ew York, to .be conveyed by Louise W. Bowers, to iiaric Plantcn Galliard. Sept. 1913", to be filed i~ the office.~of the Clc~-k of Suffolk County, .-'~' ,,~n this de'cd, and %odndcd and described, accord- . inE to said :u~p, as foiler/s: ,~.~ a ucre stone in the west line of Belle .Hill Avenue · . an.(s s~x~een an~{ seventy-six one-hundredth~ (16.78) northe~sterlj~ of another mere stone ~' ., poln,~ .~..~=~e the center line of West ~'~-~ ' o~-eeu if prO- ~ ..... u~ v/e~te:'ly in & line which is at an angle of one ~ .... ~,--~ ..... · · ,~cun de;;rees, no :~;inutcs ~' '~ .' ..... ~, ~,~ ce ...... ~ ..... , ~,z~,;z a c, cflec.zcn of eicktcen (ld) .... uen~.~- (2~) feet ~'~', ........ ...... oa. t...u.. (3) feet tea. . "...- 'v( c:;t'-i,n"h','. '',, /"~.95') f<ct tc 't" ~" '," by means of ¥;hich any suck violation shall occur, or. shall and personally, o1' by.its, her or their' servants or agents, tl:e smn:]e or any of them. ','on",",, ',, wl,L the ~'Jcht, tJtJ;e tm,I ' · i~lJ~ part in :uld to :'~c':L.L,: Htl] Avcuue /~djoiut I,: s~uid AHD thc ," ' · · ~.ld pa::'ty of %he secolld part, fo~' and i~] of,'tbg~ ~n ,,.,.,..,,,~.,. of tho :~bo%,e ~$te~ltiolled ~tt)tl described prcmi,-'~,. ,lade by these T>rosoI1ts }.,~.h coveuantcd lind n.,'recd, for hcuself her l,el.~ a:ld ' ' ' h~vl))g ~t.any f:lt%tre tt:~le any es'. covenant and ~%~z-ee to 'and with said party of tko first ~art, her suc- · ~z.e~e sha].l not be ~. e-~c..ed~ or allowed ~o be erected or cay'oied o1~ on the lands and pme:'~i.;es he~i~y con- veyed o~' z~lly-p~lrt thereof, any slaughter house, tallow c}xu~dlery, any .,.a..ufac..o~v of gunpowdey, glue, varnish, vitriol, ink, petrole~ or tu?entine, anF bone, oil or f~s.. factory, any establis]-m~ent for. tan ~in~ di-~.~,~- ~,.- ~,-.,~.-~-~--- .. - ._ ,~ .... - . . .... zn~, naars or leather,; or any other ~z-af~ ~dct~l~ll~tO~Ol'y~ O~SllleSS~ en~plo~nucnt ~o~' calling, ,-~' · · .... 7...icl may be in any ';;lSe ~.[l~ce~:otls, l%o~.~ious, offensiv~ or disaf~reeable to ~... _ ~ ln._:.,.~i,a.l~o~ u~ ~nu covenants and.aGreements herein ,~.~ said p~,sty of the second and assz~:ns, shall run w~_ the land~ and shall be .obli~atory on every ])erson ou pel'sons, 6orpo!'[ttion oi' .... ~' ~ co-po~aulO!lo ow~in~ t~e sa.r]e~ having any ~ ' ' rzoh~ title or xn~=_es~ 'therein tna. would enable them or any of ~ ¥ ' ' +~ ' "+ . ~.m~n, to violate a. ny of the said cove11~nts or a~;ree- ments, Provided neve~:theless, that no person o!' pe%~sons, corpo_'atio!l or cor-~orati..us' shall in any wise be liable for a. ny dmuaf;es for violation of t~e said covenants and agreements, or any or either of them, unless he, it or t..e~ 'shall at the time of such violation be t~_~ owners of, or in the possession or occupancy of the said lands and premises hereby conveyed,'o? of some part thereof, whereon or wilful].y violate )lal'l y o! Ihe; /h'xl peer/, fo seetd, iw~nl[~'cs, ~. ' unlo Ihe said. p. rl y , ,~s~ II~Oe ~11(~ ~0 ~O~'t~ Ib~ above .~roldcrl. ~ ~u lh,~ sccon, d pttrl.., her b, girs and, a. ssi~l~S /orcvol', At ~to. 303 %~eut 7'?th .,~r.et, hattan. 1eh, der tlds con,veyance reside s as roi. lows: Ncw. Yo','k City, Borough of :jan- ~ ~ho said Louise ~7. Bowers do'es coval~c61~t w~tk ~he s~id p~l'~ Z of the second part as'follows: ,of tke iD'st parb. is Seized of the said premises, in. fee s~mple, good rg=6ht to ~onvey tke sc~l~e. anc~ seco~ld part sha. l~ q1~ietly enioy the said ~onrlh.--Tht~t the pa,rU:r of ¢ke first pa, rt, zvgll execute or pl.ocur~ any £u, ri. hcr u,~cess¢6ry assl~.rc'n¢e o£ the t~Jl~ to sadd..prenzl~scs. '~? -- oarty of tke fzrst e~tfll~. 37~cd., tho wfZZ /'orcvcr lcurrctn.~, ~1~ ~1i'¢ to said, premises. · ~I~¢Y.¢., ·[~ lhe said, part':' of the firs! part ~ke day .and year first abor6 wl,[llc, l~. .5: ,- / / , /%/',.~:~..- ,.. ,... ,, On this ISTATE Co~.~rv o~ II~9~oxD, ./ Il, C. L. BOS'I~,VICK, Clerk of the County o! Richmond. soil also Cl(.rk of the Supreme Court for I c smd ~ounty the sametbfing a Court of Record. DO HEREBY CERTIFY, that ' ~ ~ ~~ . whos~ name is'su~cri~c Certificate of Ihe Proof or Acknowl~gm~t of Om a~nexed" insirumcnt, and d. ~n writlcn, ~vn% at the time of taking such Proof or ~kckuowlcdgu:cnt a NOTARY PUBLIC iu and for iht County of Richmond. dwelling in said County. commission~ nnd sworn and duly authorized to lake lhc same. And furlher, that I am well acquainted with II~e hamh~rhh~g of such Notary Public, and ~erily believe that the slgmdum to ibc smd Ccrtificnic o[ Proc[ or Acknowlcdament is gcn.tndl I further certify that said instrument is ' executed and ack.owlcdicd acc)rdiug to the law of Ihe Slate of Now Yo~k. I~ T~lrt~w~Y l~;ummoi,',~ have hereuntO ~ my hnn~and affixed Ibc ScM 0f the said Court and Counly, the . . '~ .. day of ~o e~ ~ . ~ ~- ,. ~ ·. 4 ._1 One ~d q:r" q't F THIS INDENTURE made the ~ day of September, 1965 between WILLIAM D. GAILLARD, JR., residing at 4 Wayside Lane, Scarsdals, New York, JOHN PLANTEN GAILLARD, residing at Jerusalem, Jordan (no street or number), and MARIE LEE GAILLARD, residing at Leopard Road (no number), Berwyn, Pennsylvania, individually and as Trustees under the Last Will and Testament of William D. Gaillard late of the County of Westchester, and Anne G. Baldwin, residing at 102 Triphammer Road, Ithaca, New York, parties of the first part, and WILLIAM D. GAILLARD, JR., residing at 4 Wayside Lane, Scarsdal~, New York, party of the second part, WI TNESSETH : ~ That the parties of the first part.in consideration of Ten Dollars ($10), lawful money of the United States, and other valuable cons. ideration paid by the party of the second. part, do hereby grant and release unto the party of the se¢ot~() part, his heirs and assigns forever, ALL that certain tract of land situated on Fishers Island] gounty of Suffolk and State of New York bounded and described as follows: That portion of the real property ~hown on a map entitled "Property of Fishers Island New York, to be conveyed by Louise W. Bowers, to ~rie Planten Galliard. Sept. 1913" filed in the office of the Clerk of Suffolk County on October 9, 1913 as map No. 560, and lying between Belle Hill Avenue and the high water line on the shore of Hay ]~rbor (also known as Little ]~y Narbor) south of a line drawn parallel to and 150 feet northerly measured at right angles from the southerly line of said real property shown on said map; Being a portion of the same premises conveyed to Marie Planten Gaillard by Louise W. Bowers by deed dated September 29, 1913 and recorded in the Suffolk County Clerk's office in Liber 856 of Deeds page 582 on October 9, 1913. ~tl~ all rl[;hb~ title and interest of the to Belle Hill Avenue adjoining part in and with all right, title and interest of flr~t part In and to the foreshore lying ll~%e of HaY Harbor; the appurtenances and all the estate py~rtle~ of the first part in and to said 7-' :L%%E AND TO HOLD the premises herein granted unto .~.f un, ~e¢ond part, the heirs or suc6essors and forever · a=s~.~.- -.. = ;~rty of the second part ~e ~'~d {¢urle Planten Gaillard died a resident of the 1946 and County ~f .~ ;o.~ nnd State of New York on ~rch 8, letterz zc:~.~.cn.~ry of her ~st Will and Testament were duly ..... ~..~e of New York County on ~rch 27, 1946. ~suar.: ;; ~;I I/~st Will ~nd Testament the aboveddescribed ~eal pro~er:Y -~ devised to William D. Gaillard. ~ ~a~d William D. Gatllard died a resident of We~o:.~.:'~' ..... / on August 18, 1959 and letters testamentary ~r,~steeship under, his Last Will and issued by the Surrogate of Westchester ~ ~ ' 1959. Pursuant to paragraph SIXTH ar~ Testament the above-described r~al ~',:~e~! to the said William D. Galliard, Jr., l~:'d ~,r,[ ltarie Lee Gaillard as Trustees ~'~ ~,d Testament in trust to hold the same the two youngest of the testator's ~r'~ved hlm, who were the said John Planten Lee Galliard, two of the parties of the 2 first part hereto, but not for more than five years after the death of the said William D. Galliard. Said paragraph SIXTH 'rther provided that upon the expiration of said five-year )eriod (said two youngest children having survived said )eriod) the above-described real property should be conveyed, ~sferred and paid over in equal'shares to testator's then surviving children and the then surviving issue of any deceased children, such issue of a deceased child to take per stirpes and not per capita the share which the parent would have taken if living. Said parties of the first part in their individual capacity constituted the then surviving children of the said there being no then surviving issue of any deceased testator, child. - AND the parties of the first part, in compliance with Section 13 of the Lien Law, covenant that the parties of the first part will receive 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 will apply the same first to the payment of the cost of the improvement before using any part of total of the same for any other purpose. IN WITNESS WHEREOF, the parties of the first par? Pave duly executed this deed the day and Year first above (L.S.) ' 'I~dividually a~d as TrusSaeS under ~st Wil~ and Te~tament~ of William D. Gaillard, deceased ) 58!J5 8,°' :- ss.: · l On the ~ day of Bep2~,~', 1~5~, beFo~e me pemsonally' ame WILB~A~ D. ~AI~ARD, ~R., ~o me known to be the individual described in and who executed the foregoi~ instrument, and acknowledged that he executed the same. / lOUIS A. WO~ ' Notary PuMic, SlMc o~tew York STATE OF NEM YORK No, 30.9723'300 Qualified in Nc~ssau County Certilicate F~Ied in New York Count~' Commission Expires March 30, On the 3~ day of September, 1965, before me.personally came JO}R~ PLANTEN GAILLARD, to me known to be the indivmdual described S'I'ATI! OF pIT. NN,qYLVANIA, ~ .g$: couNTY OF MONTGOMEI~-Y, ~ 1, ~obert Riethm~ller , PROTIIONOTAB,¥, o! the Court of Common Pleas of said County of Montgomery, In the State aforesaid (said Court being u Court o! Record), DO HEREBY CERTIFY. Helen D. McGi.n..l..e~'. ................................. the ~OTA~Y That ................................ within acknowledgment o~ deposition was made. PUBLIC, before whom the the same authorized by the laws of the State of was.at the time of taking . Pennsylvania to take the acknowledgments and proofs o[ deeds or convey- ances for land, tenements and heredltaments situate, lying and being in said State of Pennsylvania. And further that i am well acquainted with the handwriting of such Notary and verily believe that the signature to said certificate of proof, acknowledgment or deposition is genuine. IN TESTIMONY WIIEBEOF, I have hereunto set my hand and seal of the said Court at . D e.c. emb er ............~9 65. 2 ~h ................... ~ ~1~o., ..... .' v-' '.:~ ,;',7': ~'~" '~ Norristowu, thiS ............... came A~E G~ BALD~4IN, %o me ~own to be the individual desc~ibed in and who executed ~he fome~oin~ ins~mumen~ and acknowledged ~hat she executed ~he same. -' /' ~lly WILLIAM D. GAILLARD, JR., J0~ PLANTEN GAILLARD, MARIE LEE GAILLARD~ individually, and as Executors, etc., and ANNE G. BALDWIN to WILLIAM D. G~ILLARD, JR. DEED Dated: September~, 1965 · The land affected by the ¥ithin instrument lies on Fishers,Island, Suffolk County, lew York RECORD & RETURN TO Milbank, _~zeed, Hadley & McCloy i Chase I,~nhattan P~aza New York 5, New York SURROGATE'S COURT : COUNTY OF WESTCHESTER In the Matter of the Settlement of the Final Account of Proceedings of JOHN PLANTEN GAILLARD, MARIE LEE GAILLARD and WILLIAM D. GAILLARD; JR., as Trustees of the Trust created by Article SIXTH of the Last. Will and Testament of WILLIAM D. GAILLARD, : Deceased. RECEIPT AND RELEASE WHEREAS, Wiliiam D. Gaillard died on August 18, 1959 a resident of Westchester County, New York, leaving a Last Will and Testament which was duly admitted to probate by the Surrogate,s Court, Westchester County. Letters of Trusteeship Will were duly issued to John Planten Gaillard, Marie Lee Gaillard and William D. Galliard, Jr. on September 15, 1959; and Gaillard of their WHEREAS, said John Planten Galliard, Marie Lee and William D. Gaillard~ Jr. entered upon the discharge / duties as Trustees; and W}~REAS, Article SIXTH of said Will read as follows: "SIXTH: I give~ devise and bequeath to my Trustees hereinafter nan~ed my real property at Fishers Island, New York, together with all the furnishings thereof; and the s~m of Tv~enty Thousand Dollars (~20,000)~ In Trust, to hold the same during th$ lives of the two youngest of my children who shall survive me, but not for more than five years after my death; to ~pply during said period both principal and in- come of said ~,;enty Thousand Dollars ($20,000) to the maintenance of said property (including taxes~ wages of necessary help, and general upkeep) as a s~mner home for any of my children who may desire to live there, and their respective .children, husbands and wives. No rent shall be paid by those who occupy the property and all ex- penses, including food, shall be paid out of the trust fund. Provided, however, that any time during said term of five years this Trust may be terminated by agreement executed'by my four children or such of them as shall then be living, in which event, and otherwise at 'the expiration of said five years, or Upon the death of the survivor of my said two youngest children, said property and the balance, if any, of said Twenty Thousand Dollars ($20,000) shall be conveyed, transferred and paid over, in 'equal shares, to my then surviving children and the then surviving issue of any deceased children, such issue of a deceased child to take per ~ and not per caoita the shar~ which the ~krent would haw taken if living.' and WI~EREAS, attached hereto as Exhibit 1 is an account of the proceedings of the Trustees covering the period from August 18, 1959 through December 31, 1961, in which are shown, among other things, the receipt by the Trustees of the real property at Fishers Island, New York, together with the furnish- ings thereof, and the receipt of cash and securities in the amount of $20,000, all as provided in the aforesaid Article SIXTH; and WHEREAS, the tmust created by said Article SIXTH was by the terms of said Will to terminate on August 19, 1963 (five years after the date of d~ath), but for convenience of adminis- tration of the assets constituting the trust the same were not conveyed, transferred and paid over as of that date but have con- tinued to be held and administered by the Trustees; and WHEREAS, the children of the deceased who survived him lived throughout the term of five years referred to in said Article SIXTH, and are still living; and WHEREAS, the undersigned are desirous of avoiding a Judicial settlement of the account of the Trustees and the legal proceedings incident thereto and the expenses involved therein; and. WHEREAS, the undersigned are generally familiar with all the facts in connection with the administration of the property and the fund from At~ust 18, 1959 to date, in that they have examined Exhibit 1 hereto, they h&ve participated in sub- .stantially all the decisions made with respect to rental, main- tenance, repair, improvement and protection of the property, they have been furnished with the schedules to all Federal in- come tax returns filed by the Trustees (setting forth all data relative to the tax computation) required for their personal Federal income tax returns (pursuant to the Code provisions tributees); and WHEREAS, the checkbooks showing all receipts and ex- penditurTs during the entire peri0d of administration D~%ve been made avamlable for examination by the undersigned, as have all real estate tax bills andI, vouchers or bills for substantially all other expenditures made; and WHEREAS, substaqtially all the furnishings in the ~ummer cottage (called "Weltervreden") constituting the principal improvement on the property have been disposed of (in the main by gift to charitable organizations) in accordance with the decisions of the undersigned, and the remaining furnish- ings in the cottage are wi%bout value; and WHEREAS, the balance of the fund remaining as of November 16, 1971, consisted of the following (market values the stocks being taken at the closing prices on the New York Stock Exchange November 15, 1971): of 250 shs., American Tel. & Tel. Cap. Stk., Par $16 2/B* 175 'shs., Union Pacific Corp., Com., Par $10-* Cash 11/16/71 Market ·Value $10,562.50 9,318.75 2,102.90 $21,984.15 and WHERF~S, there will be due and payable, in two knstall-- ments (payable without penalty until January 10, 1972 and. May 31, 1972, respectively), certain taxes (special district, school, town and highway, state, and county) for the fiscal year December l, 1971 to November 30, 1972 in respect of the property, in an aggregate amount not yet determinable but estimated to approximate $3,000; and · WHEREAS,'it will be necessary for the Trustees, out of the balance of the fund remaining in their hands, to pay their attorneys, Milbank, ~eed, Hadley & McCloy, the sum of $ for their services rendered (particularly in the preparation of income tax returns), and $63.02 for disbursements incurred, during the more than twelve years of administration, and for their services in the preparation of this Receipt and Release; and *Of the 150 shs., American Tel. & Tel. Co., Cap. Stk. shown by the attached Exhibit i as originally received, 25 shs. were sold April 9, 1963; the remaining 125 shs. beoame 250 shs. by virtue of the 2-for-1 stock split effective May 28, 1964. **The 175 shs., Union Pacific R.R. Co., Comm., shown by Exhibit i as originally received were exchange for an equal nttmber of shares of Union Pacific Corp. on or about June 9, 1969. WHEREAS, the aforesaid cottage constituting the principal improvement on the property is, in accordance with the decision of the undersigned, to be completely demolished; and WHEREAS, the Trustees have formulated a plan for the conveyance, transfer and payment over of the property as it will exist following said demolition and of the fund as it will exist following payment of the aforesaid amounts, under which distribu- tions will be made to the children of the deceased in substan- tially equal shares as provided in the aforesaid Article SIXTH, and the children of the deceased by their execution of this in- strument do approve said plan; NOW, THEREFORE, in consideration of the premises, the undersigned do hereby consent and agree with John Planten Galliard, Marie Lee Gaillard and William D. Galliard, Jr., as Trusteesl and with each other individually, as follows: confirm each and every one of'the acts and proceedings of the Trustees in the a~ministration of the property and fund from August 18, 1959 to date, and do hereby expressly waive any right to a judicial settlement of any account by them, it being the purpose and intent of the undersigned that this instrument and the releases herein contained shall be delivered as binding upon the undersigned and in all respectS as conclusive as though a final account had been rendered in the due course of a Judicial proceeding or action and had thereupon been allowed and settled by the judgment or decree of a court of competent jurisdiction. SECOND: The undersigned hereby consent and agree to the f611owing payments tobe made by the Trustees out of the balance of the fund now held by them (as such balance may be in- creased by any receipts after November 16, 1971): To the Receiver of Taxes, Town of Southold, both installments of the above-mentioned taxes for the fiscal year December l, 19?l to November BO, 1972, the same to be paid on or before December 31, 1971. To Milbank, Tweed, Hadley & McCloy, the sum of $ for their above-mentioned services and disbursement~ together with such further sum as may be necessary to reimburse them for disbursements hereafter incurred in connec- tion with the matters set forth in this Receipt and Release. and also any additional payments that may be necessary or appro- priate in the administration of the property pending completion of the distributions contemplated hereby. THIRD: A. The undersigned hereb~ consent and agree that the real property held by the Trustees, being the property bounded in red on the map attached hereto and marked Exhibit 2,* shall be conveyed and transferred as follows, and the undersigned agree to join in any and all instruments of conveyance and trans- fer which may be necessary or appropr~_ate: (ii. As to the portion of the property . marked ~A" on said mao, a life estate therein -shall be conveyed and~transferred to Marie Lee Galliard, with the remainder interest to Anne Gaillard Baldwin and her estate; (2). As to the portion of the property marked "B" on said map, a life estate therein shall be conveyed and t~ansferred to John Planten Galliard, with a further life estate to his wife, Elizabeth Hitchcock Gaillard, if she survives him, and with the remainder in- terest to William D. Galliard, Jr. and his estate; and (3~.,, As to the portion of the property marked C on said map, including the improve- ment thereon, the same shall be conveyed and transferred to William D. Gaillard, Jr.; it being Understood, however, (i) that the boundary lines portions A, B and C shovm, on the map are only approximate, of said and *See Exhibit 2 to Application for approval of plat. that the precise metes and bounds of said portions will be as determined by survey to be made as soon as practicable, generally in accordance with the approximate boundary lines shown on the map; and (ii) that the conveyances and transfers as aforesaid shall be made after'the demolition referred to in one of the preambles hereto. B. The parties agree that the amounts set forth below opposite the respective names listed represent the ap- proximate present fair values of their respective interests pursuant to the above: Anne Gaillard Baldwin Marie Lee Gaillard - remainder interest in portion A - - $ 3,000 - present interest, for life, in portion A - - - John Planten Gaillard Elizabeth Hitchcock Ga~llsr8 - William D. Galliard, Jr. 12,000 for their suc- cessive lives, in portion B 12,000 - remainder interest in portion B - 3,000 present o~.mership of portion C - ~i~000 -- - 12,000 The aforesaid amounts reflect, among other things, (a) the different values of the acreage constituting portions A and B, being waterfront acreage, as compared with the acreage con- stituting portion C, (b) the present value of the right of immediate enjoyment of portions 'A and B, as compared with the present value of the remainder interests only to be enjoyed at future dates, and (c) a relatively low valuation of the im- provement on portion C, in view of the fact that said improvement has been remodeled during the last three years almost entirely at the sole cost and expense of William D. Gaillard and that the only value thereof by which the interests of other parties hereto may fairly be measured is the value prior to such re- modeling. FOURTH: The ~ndersigned hereby consent a~d agree that the balance of the ruud held by the Trustees after the payments referred to in SECOND above shall be transferred and paid over as follows: (1). As a balancing payment to equalize the distributions pursuant to this Receipt and Release, the sum of 99,000 shall be transferred and paid over to Anne Gaillard Baldwin in cash ~nd/or in securities now held by the Trustees, taken at their market value at the date of transfer. (2). The remainder of the f~nd shall be transferred and paid over in equal shares to Anne Gaillard Baldwin~ Marie Lee Galliard, Jo~hn Planten Gaillard and William D. Gaillard, Jr. FIFTH: The undersigned do hereby remise, release and forever discharge John Planten Galliard, ~arie Lee Gaillard and Willi~ D. Galliard, Jr., ~s TrusteeB and individually, their heirs, executors, administrators, successors and assigns of and Ifrom any and all action, suits, debts, dues, sums of money, id~mages, judgments, duties, claims and demands whatsoever, whether in ~aw or in equity, which against John Planten Gaillard~ Marie Lee Gaillard ~nd William D. Gaillard, Jr., the undersigned ever had, now have, or hereafter can, shall or may have by reason of any act or omission, cause or thing whatsoever in connection with their administration referred to herein, includin the distributions contemplated hereby. 8 This instrument shall be binding upon the heirs, executors, administrators and assigns of the undersigned. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the 16th day of November, 19?l. · Anne G. Bs~ldwin (~,.s.) John Planten Gaillard (L.S.) (L.s.) Marie Lee Gaittard · (~,.s.) William D. Gaillard, Jr. 9 I I EXHIBIT 2 26 October 1971 350 East 57 Street New York,N.Y. 10022 Mr. Howard Terry Building Inspector Town of Southold Southold,New York Dear Mr. Terry, First,my warm thanks to you for so generously answering on Sunday some preliminary questions regarding property owned by my family on Fishers Island. After talking with my brother Wm.D.Gaillard,Jr. and Mt. Philip B.Matthews by phone,I decided to forward the attached memorandum setting forth the facts of our problem and to ask Mr. Matthews to consult with you as to whether the proposed sub-division procedure or some other method would meet the Town of Southold's requirements as well as serve our family intent. Earliest possible action is important to me in particular because my building plans w~ll soon be complete and I hopm to have the footings and the Deck~ House shell erected before the end of December. Early action,as you advised, is also desirable because of the early expected effective date of the new Zoning Ordinance. I shall appreciate very much your cooperation. 27 October 1971 MEMORANDUM ON GAILLARD FAMILY PROPERTY ON FISN~RS ISLAND The purpose of this memorandum is to ascertain whether a certain property on the Island can be divided under the current or the proposed new Zoning Ordinance into three lots,with one old house to be razed,two new cottages built,and the existing converted garage cottage,the three buildings on the three lots. The proposed su~-division arrangement is set forth below. Under the will of my father Wm.D.Gaillard my brother ~.D. Jr., myself John P. and my sister Marie Lee Gaillard are trustees~and co-owners with my other sister Anne Gaillard Baldwin of a property of 4 1/5 acresbetween Bell Hill Avenue and Hay Harbor as identi- fied on the annual tax bill (See Enclosure 1).For pu~oses of the Federal Income Tax return the trust identification number is E.I. No. 13-6091232-Fishers Island Trust,Wm.D.Gaillard Jr. et al, Trustees u/Art. Six o/w/o Wm.D.Gaillard deceased,1 Chase Manhattan Plaza,N.Y.lO005. This property,plus i 1/4 acre on the south side now belong- ing ~o my n~phew Wm.D.Ga$11ard III and his wife Katharine F.Ga%llard was oought by my mother mn 1913 and bequeathed to my father i~her ' willo(See Enclosure 2-Indenture dated 29 September 1913).The ~ sketch indicating the metes and bounds of the Indenture,reduced in size, is the source of the sketch used to indicate our intentions as explained below.(See Enclosure 3 for sketch). The intent of the four beneficiaries is to settle the trust as soon as possible and divide by deeds the 4 1/5 acres into three lots to be owned by Wm.D. Jr~,John p. and Marie Lee Gail%ard re- spectivel~.~ one acre plot with its existing cottage { a~emodelled old garage,)for W.D.G.Jr.,two new cottages on the north and south plots for J~G and M_LG respectively,each approximately 1 1/2 acre. To make way for the latter two cottages the existing 1913-built house is to be demolished,target date end of November. Although two new cottages are planned,one would simply represent replacement of t~e old house. The old house is 81· long,front and rear,with a maximum width of 32' and a minimum width of 24'(two stories plus attic an d partial cellar. The new JPG cottage will be 68'front and rear and 28' wide,~eight about 14'~one story with partial cellar of Deck House desxgn (Acton,Mass.).The MLG cottage is presently planned of about the same 2000 square foot size,one story,to be designed by Hugh Jones of Guilford,Conn. The converted garage cottage would re- main as is-two story,approximately 30' by 22' Chandler and Palmer of Norwich,Conn. made a contour survey of the property in October 1970.The approximate boundaries of the three lots and the locations of the houses are indicated on Enc- losure 3.This firm will be asked to resurvey for deed purposes in settling the trust Sproviding the necessary metes and hounds) as soon as possible if necessary to any action on the proposed sub- division by the Town of Southold-or somewhat later if the appropriate Town authority can act on the basis of the data in the memoran- -2- dum,as possibly supplemented or redrafted in the light of Mr. Matthews' consultation with Mr. Terry. Since it is unknown how soon Chandler and Palmer could do the resurvey,the suggested later survey would perhaps alone fit our ~ish to.obtain early Town approval under the existin$ Zoning Ord- inance ~not available to me) rather than the new Zoning Ordinance, effective date unknown,which as published in The Suffolk Times would appear more restrictive. Our theory,on our presently limited information,is that the Town Building Inspector or Planning Board might see fit to stamp the planned sub-division for residential purposes "Approved".Then as we understand it,J.P.Gaillard could immediately submit a Build- ing Permit application on the "approved"basis and pursue his wish to start building in December 197!. M. Lee Gaillard would also be assured of a~proval of her bul~ding permit when she is ready with ?~ Although,as the sketch shows,frontage would be approximately ~ and ~0' respectively,both plots broaden out and would seem to nave the total acreag? as we~l as depth and width to qualif under, the p~opgse Zoning Ordinance. Sec. 0~1 ~ ,z_~ · y~e~e~ predation o~ ~e PLO WTn~ ~--~! .2 ~.~., .... ~ ~nnlca~ ln~er- · r _~ ~=~nz~lon,nowever,escapes me. The existing garage converted cottage does not have a 50' Front Yard (if that means is 50' back from Bell Hill Avenue)and does not have 175' depth. However,it was built before 1920.Whether or not,under the proposed division, this cottage on one acre would qualify for approval or would require grant of a variance,under the existing or proposed Zoning Ordinance,is a problem submitted for yoqr advice. If the planned division is proper for Town approval but special Forma are required for submission of data in this memorandum,plus possibly orbed information,I request copies of those Forms be trans- mitted through Mr. Matthews so that action may be quickly taken. If you can suggest any other way,prior to the outlined sub- division,by which I could submit a BUilding erm~t application p · immediately while at the same time the prospective rights of my sister and brother could be assured,I should appreciate your so advising Mr.~atthews. Enclosures: 1.Town of S~hold tax bill 1970-71 for property under discussion 2.Indenture dated 29 September 1913 3.Sketch of property,proposed division and location of houses PAYAF~LF TO: 25,800 TOWN OF .r~.~'r.,~n ~ TOWN HALL~ ~OUTH©L,D. F' y ~1~71 583.08 1,175.80~t 687.85 520.90 DO NOT DETACH STUB 1970- 1971 2,970.61 4 YfAYSIDE LANE SCARS~^LE N Y I~-G?O FUq2,:-CA2TZR E-n~qL UiLL AVE S- t~ILLIAli UAILLARD W- l!A7 IIA~30R 6S00 25800 EST 4 1/5 AC MAY 26 "71 17~[8~-7~' UF, 9,046 DFC ~t NOTICE TO ME ON THE FIRST DAY OF DECEMBER, 1970. RECEIVER OF TAXES THE OFFICE OF THE COUNTy TREASURER AT RIVER- HEAD, NEW YORK. NO TJC_E THESE TAXES ARE PAYABLE DEC. 15t, fg?0. FIRST HALF PAYABLE TO JAN ]0, ]97] WITHOUT PENALTy. SCHEDULE OF PENALTY . ON FIRST HALF TAX ONLY DECEMBER Ist TO JANUARy 10th - NO PENALTY AFTER JANUARy ]0th - 1% FEBRUARy loth - 2% MARCH 10th - 3% C~_OUNTy TREASURER'S NO~T. ICE "WHENEVER ANy TAX OR ASSESSMENT SHALL RE~AIN UNPAID FOR SIX MONTHS FROM FEBRUARy FIRST, THE TAX LIEN WILL BE SOLD TO SATISFy SUCH ARREARS OF TAXES OR ASSESSMENTS, AND ALL TAXES AND ASSESSMENTS UP TOA DAy TO BE NAMED IN THE AD- VERTISEMENT OF SALE, THE AMOUNT OF ARREARS MAy BE OBTAINED FROM AND PAID TO THE COUNTy TREASURER, RIVERHEAD, N. y." City, County and and ... the ~ec~r O~e thous(cnd ~zD~e ht~;~dred t~,~ rte widow of Henry rowers, New York, ps. ri7 of t~ - all d - dceeaaed, of first ....' pal. ~, z°LA, ~ .... GAIIJ,AId), of the sr~me place, party of ~',e second p'mrt, ittxesseth, T/~a¢ tAe said party~ of tl~e firs~ pc~r6 ir~ ooasideratior~ o/ S~ Of One hundred dol' lazoftJ ~r~o~ey of rice Ur~i~ed States, and ~' -~ ' o ~n~r valua'ole ¢onsldePations, paict by the par¢ ,, of the sec part, d~ ?],ereby ~ra~t ancg release unto the said par~ y of tAe seeo~,d p~r& heirs and assigns forever, - ~ ~ * ~ ~ha~ certain tr~ct of laud, witk .... pro',~,~h:en~,s +"~-~c,~.~.~ :.ch) situated on i'is]:crs Isle, nd, in the Couch,o,' '~" of folk ,3.~2:l ..... , ' ~' ~ - ~ - o~ . ~.,, on o ,~.,~ O~ ;.'ev4 lrOFk) S]'lOW~ Olq ~ z~l&]3 e;!bl~!~C~ 't:~l' -Der+" ;~ Fis}:2l';' islrt!d~,u,~"' Yo~<,-*' to be conveyed lDy Louise V,'. 3ewers, Lo P!,~:,u~en "~' ~' ~d o ~* the of C] ..... ll~l ..... ~ep,,. 191j", to he filed J office, the Of :kffoix Count[/, with t}iis deed., and bourld,3d and dcscrihed~ &ccc inc to sa~d ,*x[ as follows: }3tXflifNING at a mere stone in the west line of folio.Hill '"'~' '~' " ~->',''~ =~*~'q (16.76) feet ~..1¢,,~ st~.;ld~ slx%ee!] nzild seve~lt3r-six on.. _~u,,l~,ruu .... a,%=e po~'_.~ in said a~ld J.t~ fz!~o ~t t%c '' ~ "~''~'* ,~.o, pomn,, .¢..u=e the 'center line of ..... ~ ¢' = if d'dccd .... ~,e " - .,-,¢-,- - ' ,.Or intersect~_~,'- ~., , z~n~e of said. Belle Hill Avenue; 'r':,~ .... t',~,'cc ,,,..: ~. ,t~ in a, ~1(~ w~ictl is at an an~!e of one N~ndred a t,e~:L ~ ...... ~"~'+ '~ turned from the nort}: ~ ~'' 'tl:e ' :s* a ic.'~ at ..... ~ ......... ~ ...... 1,~ ~1 .... a d,~flec~cn of elC~i~t;etl (].<~ ...... ~r+-~-ei,' ( j) minutes to the left fro:~ the !~ ].' ...... ~ .... . ...... ~ t,o and *" *~-¢~"6 (25) feet r:'~*,. ~ '* .... -i~'~t ~rO:~ ~" so~Ztl: line of l~nd ' '' to ..... ' ' ' .. d.~ ,:.l Cif{ ':-*~ ..... .. 4:'; , e ,.(. D.Dd t~'rec;-t;~lths ( p.~. 5) fief ~o a :-:iel,'e , to:lo i:%r o:; 't':'i'¢ lo', 'k' aT. out fifty. (50) feet fro:,: hiqh v,,ater liue on '~...u'"- ,q'c; 'c ¢'¢' ~ '~*~" ' +~"~ ....' ':,'itl! " ~'~' +"-m 0<' ' ...... ~" ~ . (., ,,/ in a ri, kt lin~; or leu7 l:undred au(~ ,:~>- .5 (.,-..,.,,. end c-:' ;,,~ old wail a)i¢,,~'"-,, ~.1'~'~"-, ~ ,.:ate:' li)2e; ~'('','~(, t: '~*u;'!-,~,, . '.,it!: v.,xll t;,v.--c, :::ndr~d and fiftv-six, (55;,~) f*:ct ..... ..o~t'. or less to · c¢ '~'-, .t-..¢' ~*el'l-'~ ~!onl so. id' ~*,%~rdo ~z.ow.,'% + ~'u, 'c,'~ (~)' ,¢',.",; ..... t,)~u- ~,:,)~u. .;~ (1.:.7 A.,J; the " p'~.r't?r ~'c . , , of ,, · :;eeond pact, fo:, au ] iu eon:. t':,.tJon ~a~ ,~,. of thc /'z2rst ?..ch, her sue- ' 'i ..... l,~.~ t5~2'.' ~>ode, 0 ..... OZ' fis~: fatctOl'y, LtYlV e=+, ~- ,,' - ~ ....... ~ ~0~ cont~ine(] o17 ~!:e oart of :i:e said pa~.uty of the second .,-,,- her sn..~lJ, run with the la.nd, and sDall be ,¢oliff~,~,or:, on . n uo~ 'tkez'eln t~4~ v:ould er:able t/':o~.'i Of .')ny OF tkc:~, to violate any of t~,e said C07'O!i}LI/~S O~ n;cnts, ~ro'/J:icd nevef.'tkeless, t!!o.t no poi*soil o? ?e!ysoils~ co'¢r~' '.:,+' . ~s, shall in any wise be liable for ony ,' .... ¢ ~ !rloJ-Et~lOl] Of .,zle said COV~ll~%llt8 alld a.~l~,ee2!e~l%s ~ or LtllL, Or Ol-,,eI of umtu~,s he~ or thev'sn~ll at the flhtC of slzo]:, vio - utl{.i~ lol~l.=lOll skall occur~ ~ ~,~1~ wilful]y and pez, sonallzz~ or by its, tier or their servants or o. oen.z, the same or tiny of tkem. ~Itg ~lllJi;hitSglf an, der this conveyance reslde s as follows: At ]~o. JOj West 7'~tt~ ~* ~ ,e,~ Yo:'k~i~,,r,~'~., '~c~':.ou~,-" of L~an- ~IIII the said Louise W. :~owe:m do es co,,e~aT~t ,vith the said part of the second part as'follows: ~iW~.--T/~a~ the sa~d part y o/ the first part, is seized of the said pre~,ises i~. fee simple, ha s good ri, ght to convey tI~e same. aTtd ~e~;*ll.d.--27~at the part pren*ises. of the seco7~d part shall quietly enioy the said ~hivtl.--That the said premises are free from ir~cambrances, '~¥ .... c,A~ :- + a~ ~*nvilL--That the party of ~he first part will execute or proca, re any fumthcr ~,ecessar~J ass~r(;nce of the tltle to said premises. will forever ?t,'ctrralz~ the t, il~:e to said pt'emises. tihI¢ss luIim:eof, the said part:, of the first part ha: hereanto set the day and year first abor,b writleT,. 0., lh/s thousaml idne hundred a,d the ~atr to me know., and b~own to me to be the individual d6ecrihed i, and who cw4¢ttfed t]~e /bregoivy STJTE OF ~EIV 1[, C. L. BOSTWICK, Clerk of the County of Ftichmond, and also Clerk of the Supreme Court for tile said Comity, thc s~ing a Court of Record, DO ItEREBY CERTIFY, that instrument, ami tit, m written, was, at the time of taking such Proof or Acknowledgment, a NOTAllY PUBLIG in ami for lbo County of Richmond, dwelling in said County, commissioned and sworn and duly autborized to take the same. And furfl~er, that I am well acquainted will] Ihe handwriting of sncb Notary Public, nnd verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine. I further certify that said instrument is executed and acknowledged aeeording to the law of lbe State of New York. IN T£STIMONY WIIEI/EOI,', I have hercunto~,l my lml:nL_aud affixed the Seal of thc said Court and Counly, ibc _i I '_ p_~__ I I I I - ~'~'~ ' / /