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March 22, 1976
George Stankevich, Esq.
Main Road
Southold, New York 11971
Re: Beaujolais Acres
Dear Mr. Stankevich:
The following action was taken by the Southold Town
Planning Board at a regular meeting held March 15, 1976.
RESOLVED that approval be given the final map of
property owned by Charles DeVoe known as "Beaujolais Acres"
at Orient, New: York, subject to the clarification of the
covenants and restrictions excluding reference to the Town
of Southold and Section 247 of the General Municipal Law,
but providing for the permanent setting aside of the restricted
area shown on the map.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
THIS DECLARATION, made the X, day of March,
1976 , by CHARLES DEVOE, residing at 3630 Orchard Street, Orient,
.i
' New York 11957 , hereinafter called the "declarant, " and THIS
v �IINDENTURE and grant of scenic and conservation easement from
the "DECLARANT," to the TOWN OF SOUTHOLD, a municipal corporationan
I
I�
j of the State of New York having its office at 16 South Street,
u , Greenport, New York 11944 ,
i'
W I T N E S S E T H
WHEREAS, the "declarant" is now the owner in fee
\�J ;, simple absolute of all that certain parcel of land as shown on
' a certain map entitled, "Beaujolais Acres, " Town of Southold,
ij
ii County of Suffolk, State of New York, made by Roderick Van Tuyl,
P.C. , to be filed in the Office of the Clerk of the County of
I' Suffolk on ,/P fAzl 1441976 as Map # 6393, and
I � v
ii
WHEREAS, the "declarant" intends to develop the
s
; aforesaid premises as a planned community, subdividing, granting
'hand conveying same or portions thereof to various purchasers , and
fe
II WHEREAS, the "declarant" is desirous of subjecting
I�
`! the whole of said premises and every portion thereof to certain
' conditions , covenants, restrictions, reservations , exceptions
;: and easements for the purpose of promoting the general welfare
1
the environment, produc-
1jof the residents of the area, protecting
I
ling harmonious neighborhoods, preserving p;/�
fopertty values and
i,lperpetuating the aesthetic amenities pre-/ailing in the community,
!� 1
it
i
tisER8018 ,,f. 16:3
i� NOW, THEREFORE, the "declarant" declares that the
jI aforesaid premises and the whole and every portion thereof be
i
End the same hereby are held and shall be conveyed subject to j
the conditions, covenants, restrictions, reservations, exceptions
N and easements hereinafter set forth, and each and every prospec-
i
iltive purchaser of said premises or a portion, lot or plot thereof
ijby the acceptance of a deed thereto, covenants and agrees that
I
1 M
�lthe premises so purchased shall be held subject to and together
11
1Iwith the following conditions , covenants , restrictions, reserva i
I1tions, exceptions and easements, to wit:
I,
I ARTICLE I
�i
DEFINITIONS
i
SECTION 1. DECLARANT. The word "declarant" as �
i
�II, used herein is defined as meaning Mr. Charles DeVoe, residing at
f I
3630 Orchard Street, Orient, New York 11957 , his heirs , legal i
I �
�irepresentatives , successors and assigns.
II SECTION 2. PREMISES. The word "premises" as ;
Fused herein is defined as meaning all that certain parcel of land
as shown on a certain map entitled, "Beaujolais Acres," Town of i
I
Southold, County of Suffolk, State of New York, made by Roderick
Van Tuyl, P.C. , filed in the Office of the Clerk of the County of
Vl1(4tL" jM
!� Suffolk on � 1976 as Map #
� I
I
I'
SECTION 3. SUBDIVISION MAP. The words "subdivision`
I�
map" as used herein are defined as meaning Map Number
I
2
ii
I
�- ' I!gE�8�18 r;r164
SECTION 4 . LOT & PLOT. The words "lot" and
I
"plot" as used herein are defined as meaning the separate
numbered parcels of land into which the premises has and will be
i
fdivided as shown on the subdivision map.
�I SECTION 5. OWNER. The word "owner" as
jlused herein is defined as meaning any individual, corporation !
V
1lor partnership owning any of the lots and plots as shown on
jithe subdivision map and his heirs, legal representatives , i
I! I
11successors and assigns. '
I '
fI SECTION 6. USAGE. Wherever necessary or
appropriate, the use herein of any gender shall be deemed to 0
I !
include the other genders, and the use herein of either the
singular or the plural shall be deemed to include the other.
ARTICLE II !
II OPERATION AND EFFECT
I!
SECTION 1. REAL COVENANTS. All of the conditions,
I covenants and restrictions created herein shall be construed as f
I
i
( real covenants running with the land.
I
SECTION 2. ENFORCEMENT. This declaration shall
be binding upon, inure to the benefit of, and be enforceable by j
I
I1the "declarant" and any owner of any lot and plot. i
I,!I SECTION 3. WAIVER. The failure to enforce i
Jany of the conditions, covenants and restrictions created herein
If
I1 3
I�
,
lb • ! •
J
LIaEr8018 +,nl_465
shall not constitute a waiver or estoppel of the right to do so
1ithereafter.
SECTION 4. DURATION. The covenants, conditions
(; and restrictions created herein shall be perpetual in nature
except as otherwise herein provided.
I!
SECTION 5, INVALIDATION. The invalidation of any
ij
! section or portion of this declaration by a court of competent
jurisdiction shall not affect any of the remaining provisions
l i
, hereof which shall remain in full force and effect.
ARTICLE III
i
J! RESTRICTED AREA jI
I i
SECTION 1. DESIGNATION, That portion of each lot
if
located within the "restricted area" as shown on the map of
Ji "Beaujolais Acres" shall be limited to the uses herein provided.
w
SECTION 2. RESTRICTIONS. The "restricted area
"
shall be limited only to open space and/or recreational and/or i
1
; agricultural uses and only to agricultural structures and barns , I
( sheds and the like, which are appurtenant to such uses, shall be
J� constructed therein. Land located within the "restricted area" I
Ii i
ijshall not be split off and/or separated from any lot, nor shall
I
lJthe lots shown on the subdivision map of "Beaujolais Acres" be
further subdivided.
Ir IN WITNESS WHEREOF, I have hereunto set my hand and
jIl
I�
li 4 !
i'
I� i
-
'I -
I�
seal the day and year first written above.
i
,i Attest:
(l
7;
II CHARLES DEVOE
I
ii
COUNTY OF SUFFOLK)
ss. :
II STATE OF NEW YORK)
i 1 j
On the al day of March 1976 , before me per- i
�isonally came CHARLES DEVOE to me known to be the individual I
described in and who executed the within declaration and
� ' who acknowledged to me that he executed the same.
I�
I� . I
i
li ceo re c alpRenCH A a'f
Alornry r n_
'w York otary P 1C
i Clrtifiad -.
nirty
New lou 6.nRs• Bronx,
II �Dmmission Ex _ _,""d Counties
i per"s ;arch 30, 19]17
,
i
it
I i
I. t
�� Y
I t
IiI I
l
I I
ii
II '
II
1 I
5 I
I '
�I �
ARTHUR A. FELICE, CHIEF DEPUTY PHONE: 727-4700
SUFFOLK COUNTY CLERK'S OFFICE
LESTER M. ALBERTSON, COUNTY CLERK
RIVERHEAD, NEW YORK 11901
April 15, 1976
F•1r. General Lee Rains , Deputy Treasurer
Southold Planning `l*ard
Southold 'hoard of '�:33(.3sors
Nmer: Charles Dcvoe
tittle No. 76-11_01193
To Whom This May Concern:
The subdivision Map of:
"3LAUJOLAIS 1%Cl.F.S
Was Filed, 4/14/76 -3 :15 ' .M.
Filed Number, 6373
Abstract Number, 11033
Township, Southold
Book, 14
Page, 15
Very truly yours,
County Clerk
Map partment
Form
M.
No. 49
iNotice of Hen
NOTICE IS HEREBT GIVEN
that pursuant to Section 276 of the
Town Law, Public HeVings will
be held by the Souti*d Town
Planning Board at the Town
Clerk's Office, Maia Road,
Southold,New York,in said town,
on the 23rd day of February, 1976 COUNTY OF SUFFOLK,
on the question of the following,. STATE OF NEW YORK, h es:
7:30 P.M. Approval of the map
of the minor subdivision of
property of which John and Linda Stuart C. Dorman
Vardy arg.the contra art. vendees, ' • • ' ' • ' ' ' • • • • • • • • • • • • • • • • • . . . . . being duly Sworn,
consisting of a pare# of land says that . . .h1 . . , is Printer and Publisher of the SUFFOLK
situate, lying and,--,being at
Southold in the Town OY Southold, WEEKLY TIMES, a news
County of Suffolk and State of Paper published at Greenport, in said
New York, bounded and county; and that the notice, of which the annexed is a printed
described as follows:
BEGINNING at a point on the - COPY, has been published in the said Suffolk Weekly Times
northwesterly side of Soundview
Avenue which point ofbeginning once in each week, for . . . . , , , , , , •One (1•) • . , • weeks
is =.a feet nortlw4y„along the 4t. . Lf th
(continued ditnexrPage) successively ooIa on the . . . . . . . . . . . . . . . . . . . . . . . .
northwesterly sidllf Soundview day of . . . .FebrSSC
Avenue from the-Ytersectim of 9" "
the northwesterly side of said • --�.--
Soundview Avenue with the 7 . . . . . . . . . . `-
northerly side of Dogwood Lane; Sworn to before me this . . . (. . . .
which point of beginning is also
the northeasterly corner of lands day Of • • .�f•`."'• •'�-�• .�• • 19.74. J
now or formerly of Bowes and the j
southerly point of the property • • • • • • • • • • • • • • • • • • . /J
. . . . . . . . . . . .
about to be described herein;
running thence from said point of ' '� '•' ' '��` g'�'�'T•
beginning N. 42 degrees 03' 10"
W. along said northeasterly side NANCY g. BOUGUSS
of lands of Bowes 353.93 feet to NOT.A.'r`Y "",3R.A S'•:'a of New Ye$
land now or formerly of Gilbride; .,.a u. ' - ','xnty
running thence along land of .i';• ,< l tx v'S
Gilbride and lands of Siebert, r,zu." ,au» exi e.;c:•S 90.le
Green, Tattle and Briamonte N.
32 degrees 55'20"E.430.28 feet to
the southerly side of lands now or
formerly of Carhegie; running
thence along said lands of
Carhegie the following two
courses and distances: (1) S. 63
degrees 04'30"E.144.28 feet; (2)
S.59 degrees 29'20"E.144.07 feet
to the northwesterly side of
Soundview Avenue; running a
thence along the northwesterly
side of Soundview Avenue S. 27
degrees 12' 10" W. 545.87 feet to
the place or point of BEGIN-
NING.
8:00 p.m. Approval of final
map of property owned by
Charles DeVoe known as
"Beaujolais Acres",consLdng of
a parcel of land situate,lying and
being at Orient in the Town of
Southold, County of Suffolk and
State of New York, bounded and
described as follows:
BEGINNING at a monument
on the southwesterly side of
Orchard Street distant 617.73 feet
northwesterly, when measured
along the southwesterly side of
Orchard Street, from the corner
formed by the intersection of the
southwesterly side of Orchard
Street with the northerly side of
King Street, said point of
beginning also being where the
division line between the ,
premises herein described and
land now or formerly of J. Wit
zenburg intersects the south-
westerly side of Orchard Street;
running thence S 70 degrees 13'j
50"W.along said last mentioned J
division line between the
premises herein described and
land now or formerly of J. Wit-
zenburg intersects the south-
westerly side of Orchard Street;
running thence S 70 degrees 13'
5o"W.along said last mentioned -
division line 692.77 feet to a
monument and land now or
formerly of Vilna Estates, Inc.;,-
thence along said last mentioned
land the following two courses .
and distances: (1) N. 29 degrees
55' to,, W. 546.91 feet to a_.
monument: (2) N. 64 degrees 09' .
10"W.241.47 feet to a monument
and land now or formerly of T.
Rohloff; thence N.22 degrees 56'
30"E. along said last mentioned
land 431.16 feet to a monument
and the- southwesterly side of
Orchard Street; thence along the
southwesterly side of Orchard'',
Street the following two courses
and distances: (1) S. 65 degrees
40' 40" E. 570.31 feet to a point;:;.:
(2)S.41 degrees 51' 10"E.680.94,,
feet to the monument at the point„.;.
or place of BEGINNING. `-
Any person desiring to be heard-
on the above matters should.'
appear at the time and place;
above specified.
Dated: January 26, 1976
BY ORDER OF
THE souTHoLDTOWN'
.
PLANNING BOARD
JOHN WICKHAM,CHAIRMAN
ITF12-2313
LEGALNOTICE COUNTY OF SUFFOLK
Notice of Hearing STATE OF ,NEW YORK }
NOTICE IS HEREBY GIVEN
that pursuant to Section 276 of the
Town Law,Public Hearings will be
hind by the Southold Town
4lerk's lan-
ning Board at the Town cleSherley Katz, being duly sworn, says that she is an
Office,Main Road,Southold,New Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
York,in said town on the 23rd day
of February,1976,on the question o public newspaper printed at Southold, in Suffolk County;
of the following: and that the notice of which the annexed is a printed copy,
7:30 p.m. Approval of the map
of the minor subdivision of pro- _.as been published in said Long Island Traveler-Watch-
perty of which John and Linda man once each week for ..........
/............................ weeks
Vardy are the contract vendees,
consisting of a parcel of land
situate, lying and being at South- successively, commencing on the ..... ..''.`.............................
old in the Town of Southold, '-
County ofSuffolk and State ofNew day of ....;1..•%
York, bounded and described as
follows: t
BEGINNING at a point on the ......... ....................................... ..............
northwesterly side of Soundview
Avenue which point of beginning
is 120.66 feet northerly along the
northwesterly side of Soundview
Avenue from the intersection of Sworn to before me this ......... .
the northwesterly side of said • •••••••••.... day of
Soundview Avenue with the north-
erly side of Dogwood Lane; which '""""""""""'4"111-11111 19.•t•la.
point of beginning is also the $/
northeasterly corner of lands now
or formerly of Bowles and the
southerly point of the property '
G.Q.��/ .i .......
about to be described herein; • .
running thence from said point of Nota�..ry.Public
beginning N.42°03'10"W.along
said northeasterly side of lands of
Bowes 353.93 feet to land now or"
formerly of Gilbride; running
thence along land of Gilbride and
lands of Siebert,Green,Tuttle„„.yyi�dd
Briamonte N. 32° 55' 20LN`L. sU- N r e R,ylp6
430.28 feet to the southerly side of NOIF ti vYork
lands now or formerly of Carhegie;
runningthence C"�
g_ aid lands of Cc
Carhegie the following two cours-
es and distances:(1)S.63°04'30”
E. 144.28 feet; (2) S. 59° 29' 20"
E. 144.07 feet to the north-
westerly side of Soundview Ave-
nue; running thence along the
northwesterly side of Soundview
Avenue S. 27° 12' 10" W. 545.87
feet to the place or point of
BJ:GINNING.
8:00 p.m.Approval of final map
of property owned by Charles
Devoeknown as- "Beaujolais
Acres' , consisting of a parcel of
land situate, lying and being at
Orient in the Town of Southold,
County of Suffolk and State of New
York, bounded and described as
follows:
BEGINNING at a monument on
the southwesterly side of Orchard
Street distant 617.73 feet north-
westerly, when measured along
the southwesterly side of Orchard
Street,from the corner formed by
the intersection of the southwest-
erly side of Orchard Street with
the northerly side of King Street,
said point of beginning also being
where the division line between
the premises herein described and
land now or formerly of J.Witzen-
burg intersects the southwesterly
side of Orchard Street; running
thence S. 70° 13' 50 W. along
said last mentioned division line
692.77 feet to a monument and
land now or formerly of Vilna
Estates, Inc.; thence along said
last mentioned land the following
two courses and distances: (1) N.
290 55' 10" W. 546.97 feet to a
monument;(2)N. 64° 09' 10" W.
241.47 feet to a monument and
land now or formerly of T.Rohloff;
thence N. 22° 56' 30" E. along
said last mentioned land 431.16
feet to a monument and the
southwesterly side of Orchard
Street; thence along the_south-
westerly side of Orchard.Street the
following two courses and dis-
tances:(1)S.650 40'40"E.570.31
feet to a point;(2)S.41'51'10"E.
680.91 feet to the monument at the
point or place of BEGINNING.
Any person desiring to be heard
on the above matters should
appear at the time and place above
specified.
Dated: January 26, 1976
BYORDEROFTHE
SOUTHOLDTOWN
PLANNING BOARD:'
JOHN WICKHAM,`
o . 'CHAIRMAN'.
m`0 - 1T-2/12
THIS DECLARATION, made the a-7 day of March,
1976 , by CHARLES DEVOE, residing at 3630 Orchard Street, Orient,
New York 11957 , hereinafter called the "declarant," and THIS
INDENTURE and grant of scenic and conservation easement from
the "DECLARANT, " to the TOWN OF SOUTHOLD, a municipal corporation
of the State of New York having its office at 16 South Street,
Greenport, New York 11944 ,
W I T N E S S E T H :
WHEREAS, the "declarant" is now the owner in fee
simple absolute of all that certain parcel of land as shown on
a certain map entitled, "Beaujolais Acres , " Town of Southold,
County of Suffolk, State of New York, made by Roderick Van Tuyl,
P.C. , to be filed in the Office of the Clerk of the County of
Suffolk on 1976 as Map # , and
WHEREAS, the "declarant" intends to develop the
aforesaid premises as a planned community, subdividing, granting
and conveying same or portions thereof to various purchasers , and
WHEREAS , the "declarant" is desirous of subjecting
the whole of said premises and every portion thereof to certain
conditions , covenants, restrictions, reservations, exceptions
and easements for the purpose of promoting the general welfare
of the residents of the area, protecting the environment, produc-
ing harmonious neighborhoods, preserving property values and
perpetuating the aesthetic amenities prevailing in the community,
1
NOW, THEREFORE, the "declarant" declares that the
aforesaid premises and the whole and every portion thereof be
and the same hereby are held and shall he conveyed subject to
the conditions, covenants , restrictions , reservations, exceptions
and easements hereinafter set forth, and each and every prospec-
tive purchaser of said premises or a portion, lot or plot thereof
by the acceptance of a deed thereto, covenants and agrees that
the premises so purchased shall be held subject to and together
. With the following conditions, covenants, restrictions, reserva-
tions, exceptions and easements, to wit:
ARTICLE I
DEFINITIONS
SECTION 1. DECLARANT. The word "declarant" as
used herein is defined as meaning Mr. Charles DeVoe, residing at
3630 Orchard Street, Orient, New York 11957 , his heirs , legal
representatives, successors and assigns.
SECTION 2. PREMISES. The word "premises" as
used herein is defined as meaning all that certain parcel of land
, as shown on a certain map entitled, "Beaujolais Acres ," Town. of
Southold, County of Suffolk, State of New York, made by Roderick
Van Tuyl, P.C. , filed in the Office of the Clerk of the County of
Suffolk on 1976 as Map #
SECTION 3. SUBDIVISION MAP. The words "subdivision
map" as used herein are defined as meaning Map Number
2
i.
SECTION 4 . LOT & PLOT. The words "lot" and
"plot" as used herein are defined as meaning the separate
numbered parcels of land into which the premises has and will be
divided as shown on the subdivision map.
SECTION 5. OWNER. The word "owner" as
, used herein is defined as meaning any individual, corporation
. or partnership owning any of the lots and plots as shown on
the subdivision map and his heirs, legal representatives,
successors and assigns.
SECTION 6. USAGE. Wherever necessary or
appropriate, the use herein of any gender shall be deemed to
include the other genders , and the use herein of either the
singular or the plural shall be deemed to include the other.
ARTICLE II
OPERATION AND EFFECT
SECTION 1. REAL COVENANTS. All of the conditions ,
;' covenants and restrictions created herein shall be construed as
real covenants running with the land.
SECTION 2. ENFORCEMENT. This declaration shall
be binding upon, . inure to the benefit of, and be enforceable by
+ the "declarant" and any owner of any lot and plot.
SECTION 3. WAIVER. The failure to enforce
i
any of the conditions, covenants and restrictions created herein
i;
3
i�
! shall not constitute a waiver or estoppel of the right to do so
thereafter.
SECTION 4. DURATION. The covenants, conditions
and restrictions created herein shall be perpetual in nature
except as otherwise herein provided.
SECTION 5. INVALIDATION. The invalidation of any
section or portion of this declaration by a court of competent
jurisdiction shall not affect any of the remaining provisions
hereof which shall remain in full force and effect.
ARTICLE III
RESTRICTED AREA
SECTION 1. DESIGNATION. That portion of each lot
located within the "restricted area" as shown on the map of
"Beaujolais Acres" shall be limited to the uses herein provided.
SECTION 2. RESTRICTIONS. The "restricted area"
, shall be limited only to open space and/or recreational and/or
N agricultural uses and only to agricultural structures and barns,
q , sheds and the like, which are appurtenant to such uses, shall be
constructed therein. Land located within the "restricted area"
shall not be split off and/or separated from any lot, nor shall
' the lots shown on the subdivision map of " "Beaujolais Acres" be
" further subdivided.
IN WITNESS WHEREOF, I have hereunto set my hand and
i
4
II
seal the day and year first written above.
Attest:
CHARLES DEVOOEE
COUNTY OF SUFFOLK)
ss. .
STATE OF NEW YORK)
On the �l day of March , 1976 , before me per-
sonally came CHARLES DEVOE to me known to be the individual
described in and who executed the within declaration and
who acknowledged to me that he executed the same.
cEor> r /
Yolk Notary P lic
r
Catr<�ec ^'ry
Bronx
Eom�nssioo Ezi ,; ,-rf i .c_ai.s
5
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD WEST NEC[ ROAD
SOUTHOLD, N. T. 11971 SHELTER ISLAND, N. Y. 11984
(518) 785.3838 (518) 719-1348
June 10, 1976
Mrs. Muriel Brush; Secretary
Southold Town Planning Board
Town Clerk' s Building
Southold, New York 11971
Re: Beaujolais Acres
Dear Mrs. Brush:
Please find enclosed an additional set of
the recorded covenants and restrictions regarding Beaujo-
lais Acres.
Sincerely yours,
�C ti
George C. Stankevich
GCS:lfk
Enclosure
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD WEST NECK ROAD
SOUTHOLD, N. T. 11971 SHELTER ISLAND, N. T. 11864
(516) 765.9858 (516) 749-1528
April 6 , 1976
Southold Town Planning Board
Town Clerk's Building
Main Road
Southold, New York 11971
Re: "Beaujolais Acres"
Dear Sirs:
I submit herewith an original and one (1)
copy of the executed covenants and restrictions regarding
the above entitled matter for your perusal. Please
return the original signed subdivision map, with appro-
priate copies and the original covenants and restrictions,
and I shall take the originals to the Suffolk County
Clerk's Office for recording.
Thank you for your prompt cooperation
regarding this matter.
Sincerely yours,
Vj)
Georg C. Stankevic
GCS:lfk
Enclosures
Form San. RS-2
SCDH
I SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
DIVISION OF PUBLIC HEALTH
HAUPPAUGE, NEW YORK
iBUREAU OF ENVIRONMENTAL HEALTH SERVICES
CERTIFICATION OF APPROVAL OF REALTY SUBDIVISION PLANS
Mr. Charles DeVoe
TO: Orchard Street
Orient, flew York 11957
This certificate is issued under the provisions of the Suffolk County Sanitary Code in connection
December 16, 1975 • for your realty subdivision known as .
with the approval of plans on . . . . . . . . . . . . . . . . . . . . . . . . .
BEAUJOLAIS.ACRES• . , . • . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following data was furnished in connection with the submission of the plans.
Location . .Town of•Southold, •Suffolk •County, ,New•York. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acres (approx.)
.12,5 . . . No. of Lots . . . . . .$. . . Size (approx.) . . .4Z.000.sgvare.feet. . .
sell lots only.
. . . . . . . . . . . . .
Owner intends to . . . . . . . . . . . . . . . . . . . . .
Topography . . . .flat .and .very.gentle.slope.to.southwest. . . . . . . . . . . . . . . . . . . . . . . . . . .
Depth to Ground Water - Max: . . .1 D 1 . Min: . . .0. . . . When 1974. . . . . . . . . . . . . . . . . . . . . . . .
p. . . . . . . . . . . . . . . . . . . .
ligh* Loam and sand. Test. . . . . . . hole•infgrmatien.has been rovided to the
Sui•folk County Health Department.
Grading(cutorfill)Not .to •affect•design •of•sewage•disnOsal •facilities' . . . . . . . . . . . . .
Drainage .As .approved ,by •the JQVy .Qf.$QUthQld. . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . .
Sg On each lot individual wells constructed in manner approved by the• ,
S'UffolkupCo�inty bepar'tinent '0 Wealth Services and minimum of 100 feet horizontal
distance .from .nearest .sewage .disposal .system. . • • • • • • • • • • • • • • • •
Sewage. , •900-gallon _minimum•liquid•capacity,approyed.type,septic•
On each lotonest or block cesspools each developing a
tank connected to three approved type preca
minimum .of. .loo .square •feet•of•leaching •area•below•the•inlet•pipe•in-natwral .Or.wn-
disturbed medium-coarse sand and/or gravel , or in the case of unusual soil , the
excavation •is •to 'be ,carried •to 'a 'depth 'ontil 'a'6-,foot•strata'of'virgin'Long' Island
sand and gravel is encountered and_the •pool •is .proyided•with•a .mini . .m.3-fggt.sand
ax0P{��jy�fcfi431s�i�fi9i5ra ��1Yo{l@4t£�A,?s specified on approved plans,
1. That the proposed facilities for water supply and sewage disposal are installed in conformity with
said plans.
2. That private sewage disposal systems shall no longer be constructed or used after public sewerage
facilities become available.
cc goldg. De Van ouch P.C. DU44�&
V81dg. Dept. Southold Town
Dept. of State-Subdivided Land Un
Federal Housing Administration H. W. Davids, P. E.
Riv. Ofe. - Gen. Engr. Assistant Director of Public Health -
Environmental Health
November 10, 1975
Stankevich, Esq.
toad
)ld, New York 11971
Re: "Beaujolais Acres"
Mr. Stankevichs
The following action was taken by the Southold
Planning Board at a regular meeting held October
975.
RESOLVED to approve the preliminary map of the
.vision known as "BeauJolais Acres" owned by
Les DeVoe and located in Orient, New York.
The Planning.Hoard will require for the final
the original tracing, 2 cloth printa,`3 paper
is and application in duplicate for final approval.
rsement by the proper agencies will be required
he map, When you have this ready, present to the
Clerk and I will make you an appointment for our
_ meeting to make your official presentation.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
r.<
L*AL NOTICE
Notice9fHearings COUNTY OF SUFFOLK
NOTICE,IS HEREBY GIVEN STATE OF NEW YORK }
tltaf A61164 SIR[jan 276 of the
Town Law,Public hearings will be
held:by*a Southold Town Plan.`
hinggBOW,a< the-Town Clerk's
f)ffWhiainl�;Slouthold,,New Sherley Katz, being duly sworn, says that she is an
York,in said town on the 6th day of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
October, 1975 on the question of
the following: a public newspaper printed at Southold, in Suffolk County;
7.30 .m Aproval of tit"nal I and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
consisting of irr .paeEf,'a7'land man once each week for ...... ............................... weeks
situate,lying andbe'ng at Cutch..
ague in the Town of,Southold, successively, commencing on the ........................................
County of SuffWk and Stateof New
York, bounded and;described as day of ...... :........................
........r . ' ................ ...............
t! , vttE , the i)orth-
easterly line of the land of T.
Faszews1d and running thence
from -said point of beginning: . /
no thwesterly, southwesterly, a-. Sworn to before me this ....61................ day of
g oethwesterly along the land
cou`fs i° R "
following :....................
(l 19..7.x..
deRreea 3T 36" W. 273.92 feet;
(Z)a.04111,41)"W. 35.00 feet;
WN.-4545',""W.151.16 feet;
(4)Sl land
R. W,57A0 feet thence
.
the land tit' R. Asselta: thence .... . . 2............... .. .. .......L..
ndrthwesterly aloiig"ihe lands of Notary Public
R. Asselta and of Lefferts P.
Edsmr4e following courses and uc!Ty eo i
I!^x- Pvbllc, State of New Yak
distance! (1)N. 460 51' 30"'W. A4963 Suffolk Count
etb 7�,N.45'15' 50"W. �,,n.»ion Expires March 30, 19�
loski;, thence i"mrtliiweatet�'•'..
'eyong the Iands;,°f Paul Kaloski
and of AIYah`Fartn Company the
followin and distances:
—(2)14.46",411 311 W:359.36 feet
a�� e efly
g+f6ala J! msglstandVine-
yards,lne,,tlie followingleeu"Iss
and distance:(1)N.370 57'03".h.
-
&44.24 feet to the land of Roman
Catholic Church of ,theLSacred
Heart of Cutchogue;thence south-
easterly along the land of Roman
Catholic Church of the Sacred
Heart of Cutchogue the following.
coursesand distances:.(1) S. 49°
37'25"E.3,078.43 feet;(2)S.490
51'35"E..236.56 feet to the land
of the Presbyterian Church;
thence southwesterly and..south=
easterly along the land of the
Presbyterian Chntch the following
courses and distances: (1) S. 440
56' 10''W. 109.13 feet; (2)S.44'
39'.10"E.255.78feet,to the north-
westerly line of the Mahi Road,
N.Y.S. Rte.'25, thence south-
-westerly along the northwesterly.
line of,the said Rem.the
foRoain tis ai' d+;tinCRsf
(11 s.92 I'lSO"W 1961,
the.point or,,place of beginning.
Containing 46.450 acfes, more or
less. ,
$:15 p.m. Approval,of the pre-
iimiitary map of property owned
by Charles,`j;cVoe;known as
"BeaujoIsis Acres,, consisting of
a ys 1e1oE laadaituate,lying,and.
6®ipB,,.at.>�ent by the T'awa of
SputhiltC•.Clluit{J';oftSuHalk-:and
State of New York, bounded and
described as follows:
BEGINNING at a monument on
the southwesterlyside of Orchard
Street d"nt.617.73 feet north-
westerly, when measured along
ttie'soudirWetterly side of orchard
Street;fronrthe corner formed by '
the intersection of the southwest_
erly side of Orchard Street with
.the northerly side of King Street,
said point of beginning also being
—where file pivipion fine between.
the prenalssess herein described and
land now or formerly of J,Witaea- ,
burg'intersects the southwesterly
`side of,orchard Street; running..:,:
thence S.30' 13' 50" W. along
said last'mentioned division line
692.77 feet to 'a monument and
land now or formerly„of Vilna
Estates,Inc.; thence along said
last mentioned land the following
two courses and,distances: (1)N.
29° 55' 10" W. 546.97/feet to a
momtmeut;(2)N.640 99' 10"W-
241'
:
241:47'feet to a; monument and
landho>,uFformerly of T.Rohloff;
thence &'22* 56' 30" E..along
"hind 41116
doy of ......(1l"tx .............. 19..7.
. ...............
BEGINNING at a point formed
by the intersection of the north-
westerly line of Main Road,
`-,`
N.Y.S. rte. 25, with the north- '••••""'
'
••••••••••••••••••
...............
easterly line of the land of J. /�
Faszewski and running thence
from said point of beginning
northwesterly; southwesterly, a-
gain northwesterly along the land Sworn to before me this
of J. Faszewski the following "•" "'••'••••••• day of
courses and distances: (1) N. 47 ..... .
19. l..
degrees 37' 30" W. 273.92 feet;
(2) S. 57° 58' 40" W. 35.00 feet;
(3)N.450 27'S0" W. 151.16 feet;
(4)S.570 58'40"W. 57.00 feet to
the land of R. Asselta; thence '
northwesterly along the lands of •••L// s? -'--"--"'L� 7`..��///�/
R. Asselta and of Lefferts P.
Notary Ptbltc.. ...........""^`• �... .
Edson the following courses and JUDITH T. EOKEN
distances: (1) N. 46° 51' 30" W. •-ry Fubl,c, Sate of New Ywk
18.94 feet; (2) N. 45° 15' 50" W. I -c_ 40/53 Suffolk Coun
400.34 feet)(3)N. 48° 45'S0" W. < , ion Expires March 30, 19Ir �
1398.68 feet;(4)5..38°59'00"W.
436.30 feet to the land of Paul
Kaloski; thence northwesterly
along the lands of Paul Kaloski
and of Alvah Farm Company the
following courses and distances:
.. (1)N.490 00'30"W. 439.27 feet;
•'('2)N.460 41'37" W. 359.36 feet;
(3)N.470 57' 17" W. 394.92 feet
W to the land of Long Island Vine-
yards, Inc.; thence northeasterly
along the land of Long Island Vine-
. yards, Inc. the following courses
and distance:(1)N.370 57'03"E.
' 834.24 feet to the land of Roman
Catholic Church of the Sacred
Hearfof Cutchogue;thence south-
easterly along the land of Roman
Catholic Church of the Sacred
Heart of Cutchogue the following
courses and distances: (1) S. 490
37'25"E.3,078.43 feet;(2)S.49-
51' 35" E.236.56 feet to the land
of the Presbyterian Church;
thence southwesterly and south-
easterly along the land of the
Presbyterian Church the following
courses and distances: (1) S. 44-
S6' 10" W. 109.13 feet; (2) S. 44-
39'10"
4°39'10"E.255.78feettothe north-
westerly line of the Main Road,
N.Y.S. Rte. 25, thence south-
westerly along the northwesterly
i line of the said Main Road the
following courses and distances:
(1)S. 520 1P 50" W. 156.06 feet;
(2)5.57°58'40"W.140.95 feet to
the point or, place of beginning.
Containing 46.450 acres, more or
less.
8:15 p.m. Approval of the pre-
liminary map of property owned
by Charles DeVoe known as
"Beaujolais Acres" consisting of
a parcel of land situate, lying and
being at Orient. in the Town of
Southold, County of Suffolk and
State of New York, bounded and
described as follows:
BEGINNING at a monument on
the southwesterly side of Orchard
Street distant 617.73 feet north.
westerly, when measured along ,
the southwesterly side of Orchard
Street,from the corner formed by
the intersection of the southwest.
„erly side of Orchard Street with
.the northerly side of King Street,
said point of beginning also being
where the division line between
the premises herein described and
land now or formerly of J. Witzen-
burg intersects the southwesterly
side of Orchard Street; running
thence S. 70° 13' 50" W. along
said last mentioned division line
692.77 feet to a monument and
'land now or formerly of Vilna
Estates, Inc.; thence along said
last mentioned land the following
two courses and distances: (1) N.
290 55' 10" W. 546.97 feet to a
monument;(2)N. 640 09' 10" W.
241.47 feet to a monument and
land now or formerly of T.Rohloff;
thence N. 22° 56' 30" E. along
said last mentioned land 431.16
feet to a monument and the south-
westerly side of Orchard Street;
thence along the southwesterly
side of Orchard Street the follow-
ing two courses and distances: (1)
S. 650 40' 40" E. 570.31 feet to a
point;(2)S.41°51' 10" E. 680.91
feet to the monument at the point
or place of BEGINNING. Contain-
ing 12.471 acres, more or less.
Any person desiring to be heard
on the above matters should
appear at the time and place above
specified.
Dated: September 24, 1975
BY ORDER OF THE
SOUTHOLD TOWN
PLANNING BOARD
JOHN WICKHAM,CHAIRMAN
1T-10/2
Vineyards, -Inc.; thence nor- COUNTY OF SUFFOLK, I
d theaste� ,long the land of Long
Island .ineyards, Inc. the STATE OF NEW YORK, has:
following course and ,distance:
(1) N.37 degrees 57'03"E. 834.24 S'tllart CDorman
,r feet to the land of Roman • • . • • C •,• • • o • • • a • • • • • • . . . . . . . . being duly Sworn,
Catholic Church of the Sacred
7 Heart of Cutchogue; thence says that . . .he . , is Printer and Publisher of the SUFFOLK
southeasterly along the land of WEEKLY TIMES, a newspaper published at Greenport, in said
Roman Catholic Church of the
Sacred Heart of Cutchogue the county; and that the notice, of which the annexed is a printed
following courses and distances:
(1) S. 49 degrees 37' 25" E.
3,078.43 feet; (2)S.49 degrees 51' copy, has been published in the said Suffolk Weekly Times
35"E.236.56 feet to the land of the once in each week, forO ne (1 ) . . . . . . . . . . . . . weeks
Presbyterian Church; thence
southwesterly and southeasterly successively commencing on the . . .Second. . . . . . . . . . . . . . . .
along the land of the ����,
Presbyterian Church the day of . .Ocie I9-. .75
following courses and distances:
(1)S.44 degrees 56'10"W. 109.13
feet; (2) S. 44 degrees 39' 10" E.
255.78 feet to the northwesterly Sworn to bef re me Ois . . . . . .
line of the Main Road, N.Y.S.
Rte. 25, thence southwesterly day of
along the northwesterly line of
the said Main Road the following ' ' ' ' ' ' ' • ' •
courses and distances: (1) S. 52J�
degrees 11'50"W.156.06 feet; (2)
S.57 degrees 58'40"W. 140.95 feet
to the point or place of beginning. M;ti ti.r
Containing 46:450 acres, more or
less.
8:15 p.m. Approval of the - -
- preliminary map of property "- � '-•+ '�- ' Jw
owned by Charles DeVoe known
• as"Beaujolais Acres"consisting
of a parcel of land situate, lying
and being at Orient in the Town of
1 Southold, County of Suffolk and
t State of New York, bounded and
described as follows:
BEGINNING at a monument
1 on the southwesterly side of
Orchard Street distant 617.73 feet
t northwesterly, when measured
along the southwesterly side of
Orchard Street from the corner
f formed b the in
1 southwesterly side of Orchard
Street with the northerly side of
d King Street, said point of begin-
ning also being where the division
line between the premises herein
1 described and land now or for-
merly of J.Witzenburg intersects
LEGAL NOTICE the southerwesterly side of Or-
Notice of Hearings chard Street; running thence S.
NOTICE IS HEREBY GIVEN 70 degrees 13' 50" W. along said
that pursuant to Section 276 of the last mentioned division line 692.77
Town law,public hearings will be feet to a monument and land now
held by the Southold Town or formerly of Vilna Estates,
Planning Board at the Town Inc.; thence along said last
Clerk's Office, Main Road, mentioned land the following two
Southold,New York,in said town courses and distances: :1) N. 29
on the 6th day of October, 1975 on degrees 55' lo" W. 546.97 feet to
the question of the following: a monument:(2) N. 64 degrees 09'
7:30 p.m. Approval of the final 10' W.241.47 feet to a monument
map of property owned by 75 and land now or formerly of T.
Highland Road Corporation Rohloff; thence N.22 degrees 56'
known as "Highland Estates" 30" E. along said last mentioned
consisting of a parcel of land land 431.16 feet to a monument
situate, lying and beingat Cut- and the southwesterly side of
chogue in the Town of Southold, Orchard Street; thence along the '
County o Suffolk and State of southwesterly side of Orchard
New York, bounded and Street the following two courses
described as follows: and distances: (1) S. 65 degrees
BEGINNING at a point formed 40 40" E. 570.31 feet to a point;
by the intersection of the nor- (2)S.41 degrees 51' 10"E.680.91
thwesterly line of Main Road, feet to the monument at the point
N.Y.S. Rte. 25, with the nor- or place of BEGINNING. Con-
theasterly line of the land of J. tainmg 12.471 acres,more or less.
Faszewsld .and running thence Any Person desiring to be heard
from said point of beginning O° above mallets should
northwesterly, southwesterly, app,at the ed.time and place
again northwesterly and again Dated: September 24, 1975
southwesterly along the land of J.
Faszewski the following courses BYORDEROF
and distance: (1) N. 47 degrees THESOUTHOLDTOWN
37' 30" W. 273.92 feet; (2) S. 57 PLANNINGBOARD
degrees 58'40"W.35.00 feet; (3) JOHN WICKHAM,CHAIRMAN
N. 45 degrees 27' 5o" W. 151.16 1T02
feet; (4) S.57 degrees 58' 40" W.
57.00 feet to the land of R.
Asselta; thence northwesterly
along the lands of R.Asselta and
of Lefferts P.Edson the following
courses and distances: (1) N. 46
degrees 51'30"W. 18.94 feet; (2)
N. 45 degrees 15' 50" W. 400.34
feet; (3) N.48 degrees 45'50"W.
1398.68 feet; (4) S. 38 degrees 59'
00" W. 436.30 feet to the land of.
Paul Kaloski; thence nor-
thwesterly along the lands of
Paul Kaloski and of Alvah Farm
Company the following courses
and distances: (1) N. 49 degrees
00' 30" W. 439.27 feet; (2) N. 46
degrees 41'37"W.359.36 feet; (3)
N. 47 degrees 57' 17" W. 394:92
feet to the Land of Long Island
s
September 23, 1975
George C. Stankevich, ;
Main Road Esq.
Southold, New -York 11971
Re: Beaujolais Acres
Dear Mr. Stankcvich: `
TownThe following action was taken by the
thold
1., I-Pl nnng Board
at a regular meet ng held uSeptember
RESOLVED
i hold a public hearin
known as
subdivision of Property owned 9 On the Preliminary
as Beauy�olais Acres° located
map dated May R, 1975. at Orient eVoe and
, New York, -
and 1This Public hearing will be
8 `TVtice will besentto held on October 6
You in a day or two.
I keel 1975
am enclosing the notes f
etralg in the office which shouldmsete index book
this. subdas toi whose 1 the record which =
act of action delayed action on
Yours truly,
Vuriel Brush, Secretary
Enclosure Southold Town planning Board
The following is from my index book of subdivisions.
7/15/7ircReceived 6 copies sketch plan. .`
Sent to members
Lot # 4 presently being built upon
8/5/74 p.231 Discussion, asked for sample restrictions,
maps with 2 foot contours
4/21/75 Mrs. D$Voe called and wanted to know what
the holdup was. Told her 3 had heard
nothing from her attorney
4/25/75 Mr. Stankevich called. Will send in maps
next week
5/19/75 Mrs. Devoe called re progress.
..
5/30/75 Received application. fee, 12 maps,
description, covenants & restrictions, etc.
6/12/75 , . Sen$ maps to Dean, Tuthill, Planning Board
members, Town"Attorney, Justice Demarest
6/23/75 p.74 Resolution rejecting map as preliminary'
accepting it as sketch map
6/26/75 Wrote Mr. Stankevich of action
6/30/75 Mr. Stankevich called
7/ 8/70E-� Mrs. Devoe called. ».,.
-= 8/18/7ft# 18 Resolution approving sketch map --�»�.•
9/ 8/75 Received Dean's recommendations
9/ 5/75 Received 6 copies of preliminary map V*th
request for hearing
9/18/75 p.136 Resolution for public hearing
i
i A
y
THIS DECLARATION, made this day of , 1975
4
f by CHARLES DEVOE, residing at 3630 Orchard Street, Orient, New
York 11957, hereinafter called the "Declarant, " and THIS INDENTURE
and grant of scenic and conservation easement from the "DECLARANT;"
to the TOWN OF SOUTHOLD, a municipal corporation of the State of
New York having its office at 16 South Street, Greenport, New
York 11944,
W I T N E S S E T H
WHEREAS the "Declarant" is now the owner in fee simple
absolute of all of that certain parcel of land as shown on a
certain map entitled, "Beaujolais Acres," Town of Southold, County
of Suffolk, State of New York, made by Roderick Van Tuyl, P. C. ,
filed in the Office of the Clerk of the County of Suffolk on
, 1975 , as Map # , and
WHEREAS the "Declarant" intends to develop the aforesaid
premises as a planned community, subdividing, granting and con-
veying same or portions thereof to various purchasers, and
WHEREAS the "Declarant" is desirous of subjecting the
whole of said premises and every portion thereof to certain
conditions, covenants , restrictions, reservations, exceptions and
easements for the purpose of promoting the general welfare of the
residents of the area, protecting the environment, producing
harmonious neighborhoods, preserving property values and perpetu-
ating the aesthetic amenities prevailing in the community, and
WHEREAS the "Declarant" wishes to preserve the scenic
and conservation aspects of the land located within the "restricted
area" as shown on the map of "Beaujolais Acres" by granting a
scenic and conservation easement to the Town of Southold pursuant
to New York General Municipal Law §247,
NOW, THEREFORE, the "Declarant" declares that the afore-
said premises and the whole and every portion thereof be and the
same hereby are held and shall be conveyed subject to the condi-
tions, covenants, restrictions, reservations, exceptions and
easements hereinafter set forth, and each and every prospective
purchaser of said premises or a portion, lot or plot thereof by
the acceptance of a deed thereto, covenants and agrees that the
premises so purchased shall be held subject to and together with
the following conditions, covenants , restrictions, reservations,
exceptions and easements , to wit:
ARTICLE I
DEFINITIONS
SECTION 1. DECLARANT. The word "Declarant; as used
herein, is defined as meaning Mr. Charles DeVoe, residing at
3630 Orchard Street, Orient, New York 11957 , his heirs, legal
representatives, successors and assigns.
SECTION 2. PREMISES. The word premises, as used
herein, is defined as meaning all that certain parcel of land
as shown on a certain map entitled, "Beajolais Acres, " Town of
Southold, County of Suffolk, State of New York, made by Roderick
Van Tuyl, P.C. , filed in the Office of the Clerk of the County
of Suffolk on , 1975, as Map #
SECTION 3. SUBDIVISION MAP. The words subdivision map,
as used herein, are defined as meaning Map Number
SECTION 4. LOT AND PLOT. The words lot and plot, as
used herein, are defined as meaning the separate numbered parcels
of land into which the premises has and will be divided as shown
on the subdivision map.
SECTION 5. OWNER. The word owner, as used herein, is
defined as meaning any individual, corporation or partnership
owning any of the lots and plots as shown on the subdivision map,
and his heirs , legal representatives, successors and assigns .
SECTION 6 . USAGE, Wherever necessary or appropriate,
the use herein of any gender shall be deemed to include the other
genders and the use herein of either the singular or the plural
shall be deemed to include the other.
ARTICLE II
OPERATION AND EFFECT
SECTION 1. REAL COVENANTS. All of the conditions ,
covenants and restrictions created herein shall be construed as
real covenants running with the land.
SECTION 2. ENFORCEMENT. This declaration shall be
binding upon, inure to the benefit of and be enforceable by the
"Declarant" and any owner of any lot and plot.
SECTION 3. WAIVER. The failure to enforce any of the
conditions, covenants and restrictions created herein shall not
constitute a waiver or estoppel of the right to do so thereafter.
SECTION 4. DURATION. The covenants, conditions and
restrictions created herein shall be perpetual in nature except
as otherwise herein provided.
SECTION 5 . INVALIDATION. The invalidation of any
section or portion of this declaration by a court of competent
jurisdiction shall not affect any of the remaining provisions
hereof which shall remain in full force and effect.
ARTICLE III
RESTRICTED AREA
SECTION 1. DESIGNATION. That portion of each lot
0
located within the "restricted area" as shown on the map of
"Beaujolais Acres" shall be limited to the uses herein provided.
SECTION 2. RESTRICTIONS. The "restricted area" shall
be limited only to open space and/or recreational and/or agricul-
tural uses and only to agricultural structures and barns , sheds
and the like, which are appurtenant to such uses , shall be con-
structed therein. Land located within the "restricted area"
shall not be split off and/or separated from any lot nor shall
the lots shown on the subdivision map of "Beaujolais Acres" be
further subdivided.
ARTICLE IV
SCENIC AND CONSERVATIONS EASEMENT
SECTION 1. GRANT. The "Declarant," as owner of the
land located within the subdivision map entitled, "Beaujolais
Acres ," does hereby donate, grant, transfer and convey to the
Town of Southold, pursuant to New York General Municipal Law
6247, a scenic and conservation easement in gross, of the nature,
character and to the extent hereinafter set forth over and upon
the land located within the "restricted area" as shown on the
subdivision map of "Beaujolais Acres. "
SECTION 2. NATURE OF THE EASEMENT. The nature,
character and extent of the easement hereby granted is as
follows : (a) no excavating or land-fill operations shall
be authorized or permitted in or on the premises, except as
required for agricultural purposes (b) except as provided
in Article III, no development of any kind shall be permitted
nor shall any commercial use except agricultural and fishing
uses be made of the premises (c) no gravel, sand, peat or
other material shall be removed from the premises nor shall
any sand, gravel or other materials be placed upon the premises
(d) no roadways or driveways shall be constructed on the
0
premises except unimproved farm roads (e) the grantee and its
authorized agents shall have the right of inspection of the
premises at any and all times during the term hereof.
SECTION 3. LIMITATIONS OF THE EASEMENT. The nature,
character and extent of limitations . on the within grant of
easement are as follows; (a) notwithstanding the provisions
hereof, the premises shall remain at all times the exclusive
possession of the "Declarant" and his succeeding lot owners,
(b) all rights, interests and privileges of the "Declarant"
and his succeeding lot owners in the premises not herein
specifically donated, granted, transferred and conveyed shall
remain with them.
SECTION 4. DURATION. All the covenants, conditions,
reservations , restrictions, easements and provisions of this
Article IV shall continue and remain in effect until the
day of , 1985 , at which time all the provisions hereof
shall be automatically extended for successive periods of one
(1) year unless on or before said date or sixty (60) days prior
to any such extension period the "Declarant; a majority of the
lot owners or the Town of Southold hereto shall by written
instrument duly recorded in the Suffolk County Clerk' s Office
terminate the same. Notwithstanding the aforesaid, the "Declar-
ant" or a majority of the lot owners may cancel this Article IV
and easement created thereby upon sixty (60) days written notice
to the grantee and upon payment to the grantee of a sum equal to
three times the difference between the amount of real-estate
taxes paid or assessed against the premises in the year of such
cancellation and the amount of real-estate taxes that would be
assessed against the premises in the year of such cancellation
had the premises not been burdened with the provisions of this
instrument, both computed in the tax year in which the cancella-
tion shall take place. Upon the payment of such sum, the grantee
shall execute and deliver to the "Declarant" or the lot owners
a release of easement instrument in recordable form.
SECTION 5. TAXATION. The Town of Southold covenants
that to the extent legally permissible, the valuation placed
upon the land located within the "restricted area" as shown on
the subdivision map of "Beaujolais Acres" for the purposes of
real-estate taxation will be limited by the restriction of this
scenic easement in accordance with New York General Municipal
Law ®247.
IN WITNESS WHEREOF, the parties have set their hands
and seals the day and year first above written.
Attest:
CHARLES DEVOE
Attest:
TOWN OF SOUTHOLD
S
E
A
L
COUNTY OF SUFFOLK)
ss. •
STATE OF NEW YORK)
On the day of , 1975 , before me person-
ally came CHARLES DEVOE to me known to be the individual des-
cribed in and who executed the foregoing instrument, and ack-
nowledged that he executed the same.
NOTARY PUBLIC
COUNTY OF SUFFOLK)
ss. •
STATE OF NEW YORK)
On the day of , 1975 , before me person-
ally came , to me known, who, being by me
duly sworn, did depose and say that he resides at
that he is the
of the Town of Southold, a municipal corporation of the State of
New York, 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 cor-
poration, and that he signed his name thereto by like order.
NOTARY PUBLIC
P011uttg pQpaIMM
Ceftin of'Siant4Dlii
�ecaxtic, �_ �. 1195$
RAYMOND C. DEAN Tel. 755-3140
Superintendent 734-5211
September 5, 1975
The Planning Board
Town of Southold
Southold, New York 11971
Re: Beaujolais Acres
Gentlemen:
I have inspected the map and approve the lay-out of
the BEAUJOLAIS ACRES subdivision located at Orchard Street,
Orient, New York.
Ve—r y yours,
RCD:esg YMONMD C. DEAN
Sup't of Highways
cc: Mr. Charles De Voe
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD WEST NECK ROAD
SOUTHOLD, N. Y. 11671 SHELTER ISLAND, N. Y. 11664
(516) 765-6666 (516) 746-1326
September 5, 1975
Southold Town Planning Board
Town Clerk' s Building
Main Road
Southold, New York 11971
Re: "Beaujolais Acres"
Dear Sirs:
Pursuant to discussions with your secretary,
I enclose herewith an additional six (6) copies of the
proposed preliminary plat and request that you set this
matter down at your next meeting for a fixing of the date
of hearing on said preliminary plat.
Thank you for your cooperation regarding this
matter.
erely yours,
Si5
t
4wo
George C. Stankevich
GCS:lfk
Enclosures
cc: Mr. Charles DeVoe
i
June 26, 1975
_ George Stankevich, Esq.
Main Road
Southold, New York 11971
Res Beaujolais Acres
F
Dear Mr, Stankevichs
The following action was taken on the above-captioned
subdivision at a regular meeting of the Southold Town
Planning Board held June 23, 1975.
'RESOLVED to reject the map presented as a preliminary
map of the subdivision known as Beaujolais Acres owned by
Mr. and Mrs. Devoe and accept it as a sketch map. '
I have sent this map to the appropriate agencies in
the Town for their recommendations and when I have
received same will forward them on to you.
Yours truly,
5
Muriel Brush, Secretary
Southold Town Planning Board
it.
R
wf
a
x June 12 , 1975
Mr. Raymond C. Dean, Hway Supt
Town Highway Department
Peconic Lane
P' Peconic, New York 11.958
r.
IT-bear Mr. Dean:
Enclosed please find what the Planning hoard will
probably consider a Oketch map regardless of how the
map is labkbdd. The area designated as "Restricted
Area" is intended to be used only for agriculture by
filed covenants and .restrictions. As you can see
there is no drainage provided.
.Y May we please have your comments .or recommendations
on this map. Mr.` Stankevich will be at the Planning
7 Board meeting on June 23rd if you're able to give us
anything by that time. If not, let me know.
R
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
E;nlosure
Copy to Larry Tuthill
4
June 12, 1975
Southold Town Planning Board
Gentlemen:
I am enclosing map of subdivision of property in
Orient owned by Mr. DeVoe and represented by Mr. George
Stankevich. An outline of the division of this property
was originally presented on July 15, 1974 and Mr.
Stankevich met with the Planning Board on August 5,
1974. At that time he was told to present the map -with
two foot contours because the land was low and because
we would under our regulations have to submit this to
the Town Engineer and Highway Superintendent. As you
can see there is no drainage provided.
I am sending a copy of the sample covenants to the
Town Attorney for his perusal
Mr. Stankevich has an appointment for our next
meeting an June 23rd. I think you should reject this
map by resolution as being a preliminary map, but
accept it as a sketch map as he has never gotten sketch
plan approval.
Yours truly,
Muriel Brush, Secretary
Southold Town Planning Board
Enclosure
i
e 12, 1975
A
U R'bbert Tasker, Esq.
Main Road `.
Greenport, New York '1944
Re: Baanjo is Acres
Dear Mr. Tasker
Enclosed please find sketch pl of subdivision
owned by Mr. Charles DeVoe Inrie ' .
I am also enclosing his decl ion as to granting
a scenic and conservation easemen ' n the property
marked "Restricted Area" , for yo comments.
Yours t 14
Muriel B Secretary
Southold Planning Board
Enclosures 2
r
I TOWN OF SOUTHOdt
OFFICE OF BUILDING INSPECTOR
Town Clerks Office
Southold, N. Y.
Receipt NV 9972 Date. . ..................7.5...
Receivedof(..onw.�n..... ....... .......................................................................................
..... ^(r��..Ike`^^.Rpt.4 �. Q ........................•................................................../100 Dollars
1 ?.a?h . Sµ^'Va
For .... .. .............. ....... ................... .. .......�:�..3........................................................................
Fee for F for Fee for Fee for Fee for Fee for
Zoning Change Appeal to Multiple Zoning ""cation
Ordinance p Of Zone El Bd. of Appeals p Residence Permit p Building Permit To Planning Bd. p Misc.
�• / . � Cash
. ................ `.k1 Check
�r\ CA..
................................... .. ................................ .........
Building Inspector
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD WEST NECK ROAD
SOUTHOLD, N. Y. 11971 SHELTER ISLAND, N. Y. 11964
15161 7659639 (510) 749-1348
April 25, 1975
Mr. Raymond C. Dean
Superintendent of highways
Town of Southold
Peconic Lane
Poconic, New York 11958
Res "Beaujolais Acres"
Dear biro Deans
The above is a small eight (8) lot subdivi-
sion at Orchard Street, orient, Nee; York. for which a sketch
plan :is enclosed,
In view of the oversize lots, the need for
subdivision roads has 1;eer. eliminated. In view of the sandy
soil and the gentle southwesterly pitch of the topography,
it would not appear that any substantial (Irninaue would flow
from, these lots on to Orchard Street, therefore, eliminating
the necessity for any drainage installations or public im-
provements which would lave to be honde3.
I would appreciate your review, consultation
and advice on this matter with the Toon: Eighway Cor,rittee
and Engineer. Thank you for your cooperation regarding this
matter.
Sincerely yours ,
GCSslfk George C. Stankevich
Enclonure
cot 11r. Charles De Voe
�� ,.
� � �
< .
� ��,' /
,,� .-' �%
�ti.
-.
;.
� °�' . ,�3�' ,���
,C I,; `
f.,. ,�
,:
-..:�'
��
z
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD WEST NECC ROAD
SOUTHOLD, H. Y. 11871 SHELTER ISLAND, 14. Y. IIn64
(516) 7653838 (516) 749-1328
April 25, 1975
Mr. August Hansen
Area Supervisor New I'usiness
Long Island Lighting Company
Doctor's Path
Riverhead, New York 11901 Li
Re: "Beaujolais Acres"
i
Dear t1r. Hansens
Please find enclosed the sketch plan for theOWN
above subdivision located at Orchard Street, Orient, Town of
i
Southold, County of Suffolk, State of New York.
i
As you see, the eight (8) proposed oversize
lots greatly exceed the 40,000 square foot requirement of
the Southold Town Zoning Ordinance and therefore they all
abut an existina road, to wit, Orchard Street, Orient, New
York, thus eliminating the need for installing subdivision
roads. In view of all of the above and the small size of
this subdivision and the existence ofLII,CO lines on Orchard
Street, Orient, New York, I would like to know whether each
of the lots can be fed by overhead service.
I
this matter. Thank you for your cooperation regarding
�
j
jSincerely yours,
GCSslfk George C. Stankevich
Enclosure
cc: Mfr. Charles De Voe
A�
r
LONG ISLAND LIGHTING COMPANY_.
DOCTORS PATH, RIVERHEAD, N.Y. 11901 TEL. 727-8420
April 29, 1975
Mr. George C. Stankevich
Main Road
Southold, New York
Re: Your letter of April 25, 1975
"Beaujolais Acres", Orchard Street, Orient, N. Y.
Dear Mr. Stankevich:
Referring to your request for overhead electric service to
8 plots on Orchard Street, we can supply overhead service
to these plots where each property is adjacent to an exist-
ing overhead electric distribution line.
Because of the depth of the plots , it may be necessary in
some instances to extend the overhead line on the property
to reach the residence. In that case, a charge will be
applicable in relation to the distance from our existing
facilities to the point of service at the residence.
Please advise me if additional information is desirable.
Yours truly,
A. E. Hansen
New Business Department
AEH/ekt
,Wwo,
IV Al(1COMPAN(
IV A6 GMPNJI'
_ _. 7 _._
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'Alm PHONE: PARK 7-4700
RSUFFOLK„COUNTY CLERK'S OFFICE
LESTFR ALBERiS�^,tvott�.ECet . COUNTY CLERK
RIVERHEAD. NEW YORK 11901
April 25, 1975«
Mr. George C. Stankevich, Esquire
Main Road
Southoldl New York 11971.
i
i
i
To Whom This May Concern:
We hereby approve your application
for the proposed subdivision name of,
BEAUJOLAIS ACRES ”
.i Approval is granted for the usual
90 days ; after 90 days this approval is
cancelled .
Approval is granted the owner and
y
title shall be in the name of the owner on
1 the map and the abstract submitted.
Very truly yours ,
E3oa4ity Clerk
Map Department
VM
B
vo /
r �_a 3J i
r
i FY �• r � r
SUFFOLK COUNTY
DEPARTMENT OF HEALTH
RIVERREAD, NEW YORK
APPLICATION FOR APPROVAL OF SANITARY FACILITIES FOR REALTY SUBDIVISIONS
NOTE: (Low requires that no subdivision or portion thereof in Suffolk County
shall be sold, leased or rented or any permanent building erected
thereon until plans are approved by the Suffolk County Department
of Health.)
Application is hereby made for the approval of plans for a realty subdivision as required by the
provisions of the Suffolk County Sanitary Code.
GENERAL INFORMATION
Beau'olais Acres ,,, Location ...Southold
1. Nome of subdivision ............a......................... . ................
(Village or Town)
2. Owner .Mr•...B a ia.9..AltV.R�....IxlR...#)... ...ftw... nlr. `;...11,957
(state name of person,company, corporation or association, owning subdivision)
3. Business address .................................................................................................................
(street, town or village, state)
4. Officers ................NLA............................................................................................................... .
. .........
OS organised,glue names of officers)
5. Total area of entire property....12.471 ,,,,,,,,,..Area of this section ,.12.471
Total number of lots......$........................Number of lots in this section ......8....................................
Will plans for additional sections be submitted?...N/A..........................................................................
6. Do you intend to build houses on this subdivision? ..N°'..... Do you intend to sell lots only?..Yea.
Do you Intend to build on some lots and sell others without buildings? W.Fr....................................
7. Is this subdivision or any part thereof in an area under the control of local planning, zoning, or
other officials?...Ye-P... If so, have these plans been submitted to such authorities?..Yes,,,,,,,,,,,,,,
Have these plans been approved or disapproved by such governing authority? $A A. (j...processgd
B. Nature of soil ...licrht-,loam„and„s, r)d.,,,,.Test..hole information has been
.........................................................
(Describe to a depth of 10 feet if the fields are to be used for sewage disposal or 20 feet
provided to the Suffolk County Health Department
1f ceeeDoob era DroWeed,giving thklamass of various strata such as topsoil,loam,ciaY,sand (fine,medium,coarse),gravel,
........................................................................................................................................................................
turepm, etc.)
By whom determined? .Buff .Cnty. Health Degii determined? ..Inspection
on...................
9. Topography Flt nd vtis sloe...t...o. . .s..o..u...t..h..w...e...s..t.....
.........................................
(state whether ground Is flat, rolling, ateeD. Gentle elope, etc.)
N/A ne
10. Grading: state depth of maximum cut .............. maximum fill , as ......eded.....................
11. Depth to water table: Max.....10................ Min......§..................... Date determined ..1974.................
(Give maximum and minimum if there 1s any variation)
How was depth determined? .Test wellsf results in Suffolk County Health
file.
WATER SERVICE Department
12. Prosposed method of supplyin water ..individual wells.....................If ....Lt,...lOt.....or......o...pa....,Y-)- ..,...
while suDpiY, glue name of the munlclpalltY, writer dr , cmny)
13. State approximate distance to nearest public water supply main of municipal system ........................
10 miles
, .................................
H. RS I
! i
SEWERAGE SERVICE
tic tank and
14. Proposed method of collection and disposal of sewage ................................individual septic
(Give name of the municipality or sewer district, if public sewers are to be used)
.....ces,<.>000.ls.......................................................... ........................................................................ ...........
15. State approximate distance to nearest public sewer main of municipal system ................................
10 riles
.................................................................................... ....................................................................................
(Give name of municipality or sewer district)
DRAINAGE
16. State arrangements for disposing of surface water from streets and other areas ................................
None (all lots front on existing„streete,),,,,,,,,,,,,,,„.,,,,,,,,,,,,,,,,,,„ ,,,,,,,,,,.,,,,,,,,,,,,,,,.,_
17. Hove the plans for the collection and disposal of such drainage been approved by the governing town
or village authorities? .Bei.ng...prgcessed......................................................................................
SUBDIVISION OWNERS WHO INTEND TO BUILD HOMES MUST SUBMIT THE FOLLOWING
ADDITIONAL INFORMATION:
18. Laundry Wastes: Are laundry tubs to be located in basement? N/A
If so, show on plans how waste will be disposed of.
19. Will garbage grinders be installed? .NZA....................................................................................
20. Cellar drainage: Are cellar or footing drains to be installed? ....N/A................................................
If so, show on plans how wastes will be disposed of.
IT IS HEREBY AGREED that if the attached plans dated ........................................................ or any
amendment or revision thereof are approved by the Suffolk County Department of Health, installation of
water supply and sewage disposal facilities will be made in accordance with the details thereof as shown
on such approved plans. If the subdivided lands, shown on such plans, are sold before such installations
are mace, it is agreed that all purchasers of lots will be furnished with a legible reproduction of the ap-
proved plans and they will be notified of the necessity of making s h installations in accordance with such
approved plans. A /
Date ...April U..1975 . f....f..s..�..
L
.................... ..................... Signature .. L .. .
CA ES DEVOE .... .. .. ...............................,..
OfficialTitle ............................................................
This statement must be signed by the owner of the land
platted for subdivision or the responsible official of the
company or corporation offering the same for sale.
TO BE FILLED IN BY PROFESSIONAL ENGINEER AND LAND SURVEYOR:
The plans submitted with this application were prepared by me or under my supervision and di.
rection, Water supply and/or sewage disposal facilities shown on the plans were designed after a careful
and thorough study was made including local soil and ground water conditions,
Nome (Give firm, if any) „Roderick Van Tuxl, P.C, gddressFront .St, GreenQort� NY 11944
/��
License and number s . ./.S".Q.T,.. Signature ...a4w 7 ...
IMPORTANT NOTES
(1) The plans must show all information required in applicable bulletinsofthe Suffolk County Department of Health
and such other information as may be required because of special local features or conditions.
(2) PlEms must be prepared so as to be completely legible.
(3) This form must be submitted in duplicate.
(4) Three (3) white prints (on paper) must be submitted for filing with the Department together with two (2) white prints
(on cloth) which will be returned, it approved, for filing with the County Clerk and such additional tracings or prInts
as may be required by other official agencies. (Sine of plans 38” x 20" or 18" x 2011)
(5) Inasmuch as stamp of approval must be placed on face of plans, a space 3" x 5" must be reserved for this purpose.
H. RS • 1
1�A,
R �
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD WEST NECK ROAD
SOUTHOLD, N. Y. 11971 SHELTER ISLAND, N. Y. 11964
(516) 765-3838 (516) 749-1328
April 29, 1975
Southold Town Planning Board
Town Clerk' s Building
Main Road
Southold, New York 11971
Re: "Beaujolais Acres"
Dear Sirs :
Regarding the above entitled matter, please
find enclosed:
(a) an original and one copy of the "appli-
cation for approval of plat, "
(b) $115 . 00 filing-fee check representing
the requirements of Code of Town of Southold ®A106-23 (a) (2),
note that no provision has been made for the percentage fee
on the performance bond inasmuch as I do not believe there
will be any necessary public improvements which will have
to be bonded,
(c) twelve prints of the plats,
(d) affidavit of ownership,
(e) a copy of the owner's title insurance
policy which will be replaced with a certified abstract as
provided for by New York Real Property Law ®335,
(f) a copy of the proposed deed form,
(g) a copy of the proposed covenants and
restrictions ,
(h) copies of the Suffolk County Health
Department application, Suffolk County Clerk reservation
Southold Town Planning Board Page 2
Re: "Beaujolais Acres" April 29 , 1975
of name, request to LILCO for overhead service, and request
to Southold Town Highway Department for waiver of public
improvement.
Please inform my office of any additional
requirements to be complied with and also the earliest
possible date for public hearing on this matter.
incerely yours,
r
George C. Stankevich
GCS :lfk
Enclosures
cc: Mr. Charles DeVoe
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NEW YORK BOARD OF TITLE UNDERWRITERS FORM 100D
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CHICAGO TITLE INSURANCE COMPANY
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in consideration of the payment of its charges for the examination of title and its premium for
insurance, insures the within named insured against all loss or damage not exceeding the amount
of insurance stated herein and in addition the costs and expenses of defending the title, estate or
interest insured, which the insured shall sustain by reason of any defect or defects of title affecting
the premises described in Schedule A or affecting the interest of the insured therein as herein set
forth, or by reason of unrnarketability of the title of the insured to or in the premises, or by reason
+$ of liens or encumbrances affecting title at the date hereof, or by reason of any statutory lien for
it q;
labor or material furnished prior to the date hereof which has now gained or which may hereafter
gain priority over the interest insured hereby, or by reason of a lack of access to and from the
W premises, excepting all loss and damage by reason of the estates, interests, defects, objections,
liens, encumbrances and other matters set forth in Schedule B, or by the conditions of this policy
hereby incorporated into this contract, the loss and the amount to be ascertained in the manner
provided in said conditions and to be payable upon compliance by the insured with the stipulations
of said conditions, and not otherwise.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to
be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory.
'^,,i'i
CHICAGO TITLE INSURANCE COMPAN
,a By;
miIssued by:
CHICAGO TITLE INSURANCE
d COMPANY Pre d t.
117 East Main Street � \NSURq.. ATTEST:
Riverhead,New York 11901 .�� F
Secretary.
i �� i� �� �✓ J I J
N.V.B.T.U. FORM `
ti.
FORM 240
Number Date of Issue Amount of Insurance
74—S-00192 June 1, 1974 $65 ,000 .00
Name of Insured:
CHARLES DE VOE
The estate or interest insured by this policy is PEE SIMPLE vested in the insured by means of
DEED made by JOHN N. GROENEVELD, JEAN II. GRDENEVELD, REGINALD N. GROENLVELD,
DAVID W. GROENEVELD AND WILLIAI4 M. GRDENEVELD, to the INSURED, dated May 29 ,
1974 .
SCHEDULE A
The premises in which the insured has the estate or interest covered by this policy is described on the description sheet
annexed.
SCHEDULE B
The following estates, interests, defects, objections to title, liens, and 5. Tile to oily properly beyond the lines of the premises, or title to
incumbrances and other matters are excepted front the roveragc of this areas within or rights or easements in any abutting streets, roads, avenues,
policy. lanes, ways to waterways, or the right to maintain therein vaults, tunnels,
1. Defects and incumbrances arising or heeoming alien after the dale ramps or any other structure or improvement, unless this policy sperifi. -
of this polity,except as herein provided, rally provides that such titles, rights, or easements are insured. Notwith.
' standing any provisions in this paragraph to the contrary, this policy,
2. Consequences of the exercise and enforcement or attempted enforce.. tnle.ss otherwise excepted, insures the ordinary rights of access and egress
helot in to abultin g owners. s`
nu'nt of any governmental war or police powers over the, premises. g g {. '
fi Compliance by the buildings or other erections uponthe premises or
a. 'Zoning restrictions or ordinances imposed by any governmental body. their use with Federal, State and Municipal laws, regulations and
i 4. Judgments against the insured or estates, Interests, defect lY, objections, ordlnam es.
j liras or incumbrances rr,ated, suffered, assumed or agreed to by or with . 7. Tile to any personal property, whether the same he attached to or -
the privity of the insured, used in connection with said premises or otherwise.
B. Mortgage for $18,000 .00 and interest.
Mortgage for $19,200 .00 and interest as reduced.
9. Subject to any state of facts an accurate survey may show. No title
is insured to any land lying in the bed of any street, roaddor avenue
abutting, adjoining, passing through or crossing the premises herein.
The exact distances, dimension and locations of the boundary lines of
the premises herein, described cannot be guarnateed without a survey
acceptable and approved by the Law Department of this Company.
No personal inspection having been made by this Company, policy will
! except any state of facts an inspection would disclose.
10 . Water charges, if any.
Rights of present tenants, if any.
� C nl reipncd �l
NOTE: ATTACHED HERETO ADDED PAGES. `
p Authorized Signatory
p
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(Imago'Title lmuranee Com Pa"Y-
1; 1 1,;'. No.
74-S-00192
i)FS HIx1'11IN
All that certain plot, piece or parcel of land, situate, lying
and beingat Orient, in the Town of Southold, County of Suffolk
and State of New York, bounded and described as follows :
BEGINNING at a monument on the Southwesterly side of Orchard
Street distant 617. 73 feet Northwesterly, when measured along the
Southwesterly side of Orchard Street, from the corner formed by
the intersection of the Southwesterly side of Orchard Street with
the Northerly side of King Street; said point of beginning also
being where the division line between the premises herein des-
cribed and land now or formerly of J. Witzenburg, intersects the
Southwesterly side of Orchard Street; running thence South 700 13 '
50" West along said last mentioned division line, 692. 77 feet to
a monument and landnow or formerly of Vilna Estates, Inc. ; thence
along said last mnetioned land the following two courses and dis-
tances; (1) North 29° 55 ' 10" West 546 . 97 feet to a monument ;
(2) North 640 09 ' 10" Went 241 . 47 feet to a monument and land now
or formerly of T. Rohloff ; thence North 22° 56 ' 30" East along
said last mentioned land 431. 16 feet to a monument and the South-
westerly side of Orchard Street; thence along the Southwesterly
Side of Orchard Street the following two courses and distances;
(1) South 650 40 ' 40° East 570 . 31 feet to a point; (2) South
41° 51 ' 10 " East 680. 91 feet to the monument at the point or place
of BEGINNING.
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CONDITIONS OF THIS POLICY
1. Deanhlau lender and it shall have been finally determined that the rejection
(a) Wherever the term "insured" is used in this policy it of the title was justified because of a defect or encumbrance not ,
includes those who succeed to the interest of the insured by opera- excepted in this policy.
tion of law including,without limitation,heirs,distributees,devisees, (f) Where the insured shall have transferred the title insured
survivors, personal representatives, next of kin or corporate suc- by an instrument containing covenants in regard to title or warranty
cessors, as the case may be, and those to whom the insured has thereof and there shall have been a final determination on any of
assigned this policy where such assignment is permitted by the such covenants or warranty, against the insured, because of a defect
terms hereof, and whenever the term "insured" is used in the con- or encumbrance not excepted in this policy.
ditlons of this policy it also includes the attorneys and agents of (g) Where the insured estate or interest or a part thereof has
the "insured." been taken by condemnation and it has been finally determined that
(b) Wherever the term "this company" is used in this policy the insured is not entitled to a full award for the estate or Interest
it means Chicago Title Insurance Company. taken because of a defect or encumbrance not excepted in this policy.
(c) Wherever the term "final determination" or "finally deter- No claim for damages shall arise or be maintainable under this
mined" is used in this policy, it means the final determination of policy (1) if this company, after having received notice of an
a court of competent jurisdiction after disposition of all appeals or alleged defect or encumbrance, removes such defect or encumbrance
after the time to appeal has expired. within thirty days after receipt of such notice; or (2) for liability
(d) Wherever the term "the premises" is used in this policy, voluntarily assumed by the insured in settling any claim or suit
it means the property insured herein as described in Schedule A without the written consent of this company.
of this policy, including such buildings and improvements thereon 4. Notice of claim
which by law constitute real property.
(c) Wherever the term "recorded" is used in this policy it means, In case a purchaser or proposed mortgage lender raises any
unless otherwise indicated, recorded in the office of the recording question as to the sufficiency of the title hereby insured, or in can
officer of the county in which property insured herein lies. actual knowledge shall come to the insured of any claim adverse
to the title insured hereby, or in case of the service on or receipt
2. Defense and Prosecution of suits by the insured of any paper, or of any notice, summons, process
of pleading in any action or proceeding, the object or effect of
(a) This company will, at its own cost, defend the insured in all which shall or may be to impugn, attack or call in question the
actions or proceedings founded on a claim of title or encumbrances validity of the title hereby insured, the insured shall promptly
not excepted in this policy. notify this company thereof in writing at its New York office and
(b) This company shall have the right and may, at its own cost, forward to this company such paper or such notice, summons,
maintain or defend any action or proceeding relating to the title process or pleading. Delay in giving this notice and delay in for-
_ or interest hereby insured, or upon or under any convenant or warding such paper or such notice, summons, process or pleading
contract relating thereto which it considers desirable to prevent or shall not affect this company's liability if such failure has not
reduce loss hereunder. prejudiced and cannot in the future prejudice this company.
(c) In all cases where this policy requires or permits this com-
pany to prosecute or defend, the insured shall secure to it the right 3. Payment of Lou
end opportunity to maintain or defend the action or proceeding, (a) This company will pay, in addition to the loss, all statutory
and all appeals from any determination therein, and give it all costs and allowances imposed on the insured in litigation carried
j reasonable aid therein, and hereby permits it to use therein, at its on by this company for the insured under the terms of this policy. -
+I option, its own name or the name of the insured. This company shall not be liable for and will not pay the fees of
(d) The provisions of this section shall survive payment by any counsel or attorney employed by the insured.
this company of any specific loss or payment of the entire amount (b) In every case where claim is made for loss or damage this
of this policy to the extent that this company shall deem it neces; company (1) reserves the right to settle, at its own cost, any claim
sary in recovering the loss from those who may be liable therefor or suit which may involve liability under this policy; or (2) may
to the insured or to this company. terminate its liability hereunder by paying or tendering the full
amount of this policy; or (3) may, without conceding liability,
a. Cases where Liability Arises demand a valuation of the insured estate or interest, to be made
No claim for damages shall arise or be maintainable under this by three arbitrators or any two of them, one to be chosen by the
i policy except in the following cases: insured and one by this company, and the two thus chosen selecting
(a) Where there has been a final determination under which an umpire. Such valuation, less the amount of any encumbrances on
the insured re be dispossessed,senevicted et ejected from the rem- said insured estate and interest not hereby insured against, shall be
Y1 P the extent of this company's liability for such claim and no right
ises or from some part or undivided share or interest therein. of action shall accrue hereunder for the recovery thereof until
(b) Where there has been a final determination adverse to the thirty days after notice of such valuation shall have been served
title upon a lien or encumbrance not excepted in this policy. upon this company, and the insured shall have tendered a con-
(c) Where the insured shall have contracted in good faith in veyance or assignment of the insured estate or interest to this
writing to sell the insured estate or interest, or where the insured company or its designee at such valuation, diminished as aforesaid.
estate has been sold for the benefit of the insured pursuant to the The foregoing option to fix a valuation by arbitration shall not
judgment or order of a court and the title has been rejected because apply to a policy insuring a mortgage or leasehold interest.
of a defect or encumbrance not excepted in this policy and there (c) Liability to any collateral holder of this policy shall not
has been a final determination sustaining the objection to the title. exceed the amount of the pecuniary interest of such collateral
(d) Where the insurance is upon the interest of a mortgagee and holder in the premises.
the mortgage has been adjudged by a final determination to he (d) All payments made by this company under this policy shall
invalid or ineffectual to charge the insured's estate or interest in reduce the amount hereof pro tanto except (I) payments made for
the premises, or subject to a prior lien or encumbrance not excepted counsel fees and disbursements in defending or prosecuting actions
in this policy; or where a recording officer has refused to accept or proccedings,in behalf of the insured and for statutory costs and
from the insured a satisfaction of the insured mortgage and there allowances imposed on the insured in such actions and proceedings,
has been a final determination sustaining the refusal because of a and (2) it the insured is a mortgagee, payments made to satisfy or
defect in the title to the said mortgage. subordinate prior liens or encumbrances not set forth in Schedule B.
(e) Where the insured shall have negotiated a loan to be made (e) When liability has been definitely fixed in accordance with
on the security of a mortgage on the insured's estate or interest in the conditions of this policy, the loss or damage shall be payable
the premises and the title shall have been rejected by the proposed within thirty days thereafter.
F",m 3328 CONDITIONS (Continued on Reverse Side)
. CONDITIONS OF THIS POLICY.ICON 0)ED)
s. te-Iesaranee and Apportionment intendent of Insurance of the State of New York on behalf of this
and other member companies for continuation of liability to grantees;
(a) In the event that a partial loss occurs after the insured of the insured in certain specific circumstances only. In no ciretun- `
nakes an improvement subsequent to the date of this policy, and stance provided for in this section shall this company be deemed to
)nly in that event, the insured becomes a co-insurer to the extent have insured the sufficiency of the form of the assignment or other,
iereinafter set forth. I
instrument of transfer or conveyance or to have assumed any lia-
If the cost of the improvement exceeds twenty per centum of bility for the sufficiency of any proceedings after date of this policy.
he amount of this policy, such proportion only of any partial loss
established shall be borne by the company as one hundred twenty S. subrogation
Ser centum of the amount of this policy bears to the sum of the (a) This company shall, to the extent of any payment by it of `
+mount of this policy and the amount expended for the improve- loss under this policy, be subrogated to all rights of the insured with
nent. The foregoing provisions shall not apply to costs and attor- respect thereto. The insured shall execute such instruments as may
,eys' fees incurred by the company in prosecuting or providing be requested to transfer such rights to this company. The rights so
or the defense of actions or proceedings in behalf of the insured transferred shall be subordinate to any remaining interest of the
,ursuant to the terms of this policy or to costs imposed on the insured.
nsured in such actions or proceedings, and shall apply only to that
)ortion of losses which exceed in the aggregate ten per cent of (b) If the insured is a mortgagee,this company's right of subro-
he face of the policy. gation shall not prevent the insured from releasing the personal
Provided; however, that the foregoing co-insurance provisions liability of the obligor or guarantor or from releasing a portion
of the premises from the lien of the mortgage or from increasing
hall not a ply to any loss arising; out of a lien or encumbrance or otherwise modifying the insured mortgage provided such acts
or a liquidated amount which existed on the date of this policy do not affect the validity or priority of the lien of the mortgage
nd was not shown in Schedule B; and provided further, such co- insured. However, the lability of this company under this policy
isurance provisions shall not apply to any loss if, at the time of shall in no event be increased by any such act of the insured.
to occurrence of such loss, the then value of the premises, as so
nproved, does not exceed one hundred twenty per centum of the 9. Misrepresentation
mount of this policy.
(b) If the premises are divisible.into separate, independent Any untrue statement made by the insured with respect to any
azcels, and a loss is established affecting one or more but not all material fact, or any suppression of or failure to disclose any mate- ++
f said parcels, the loss shall be computed and settled on a pro rata real fact, or any untrue answer by the insured to material inquiries
asis as if this policy were divided pro rata as to value of said before the issuance of this policy shall void this policy.
parate, independent parcels, exclusive of improvements made sub- 10. No waiver of conditions
.quent to the date of this policy.
(c) Clauses "(a)" and "(b)" of this section apply to mortgage This company may take any appropriate action under the terms
olicies only after the insured shall have acquired the interest of of this policy whether or not it shall be liable hereunder and shall .
to mortgagor. not thereby concede liability or waive any provision of this policy.
(d) If, at the time liability for any loss shall have been fixed 11. Policy entire contract
ursuant to the conditions of this policy, the insured holds another
olicy of insurance covering the same loss issued by another com- All actions or proceedings against this company must be based
any, this company shall not be liable to the insured for a greater on the provisions of this policy. Any other action or actions of
roportion of the loss than the amount 'that this policy bears to rights of action that the insured may have or may bring against
to whole amount of insurance held by the insured, unless another this company in respect of other services rendered in connection
tethod of apportioning the loss shall have been provided by agree- with the issuance of this policy, shall be deemed to have merged `N
_lent between this company and the other insurer or insurers, in and be restricted to its terms and conditions.
12. Validation and Modification -
Assignment of Polity This policy is valid only when duly signed by a validating officer
If the interest insured by this policy is that of mortgagee, this or agent. Changes may be effected only by written endorsement.
licy may be assigned to and shall enure to the benefit of succes- If the recording date of the instruments creating the insured inter-
eve assignees of the mortgage without consent of this company or est is later than the policy date, such policy shall also cover '
s endorsement of this policy. Provision is made in the rate manual intervening liens or encumbrances, except real estate taxes, assess-
New York Board of Title Underwriters filed with the Super- ments,water charges and sewer rents.
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a NEW YORK BOARD OF TITLE UNDERWRITERS FORM 100D
I+
A,
CHICAGO TITLE INSURANCE COMPANY
1,
a
in consideration of the payment of its charges for the examination of title and its premium for
insurance, insures the within named insured against all loss or damage not exceeding the amount
of insurance stated herein and in addition the costs and expenses of defending the title, estate or
interest insured, which the insured shall sustain by reason of any defect or defects of title affecting
the premises described in Schedule A or affecting the interest of the insured therein as herein set
+3
forth, or by reason of untnarketability of the title of the insured to or in the premises, or by reason
+$ of liens or encumbrances affecting title at the date hereof, or by reason of any statutory lien for
labor or material furnished prior to the date hereof which has now gained or which may hereafter
gain priority over the interest insured hereby, or by reason of a lack of access to and from the
V premises, excepting all loss and damage by reason of the estates, interests, defects, objections,
r,.,. liens, encumbrances and other matters set forth in Schedule B, or by the conditions of this policy
hereby incorporated into this contract, the loss and the amount to be ascertained in the manner
' provided in said conditions and to be payable upon compliance by the insured with the stipulations
of said conditions, and not otherwise.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to
be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory.
a CHICAGO TITLE INSURANCE COM AN
V a
By:
Issued by:
CHICAGO TITLE INSURANCE
IIS COMPANY TN Pre t.
117 East Main Street \NSU#
A
Riverhead, New York 11901 C� ATTEST:
ORA
Z �•.� , Secretary.
, 7
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t ,.
N.Y.B.T.U. FORM
FORM a.ra
t
Number Date of Issue Amount of Insurance `
74—S-00192 .Tune 1, 1974 $65 ,000 .00
Name of Insured:
CHARLES DE VOE
t
The estate or Interest insured by this policy is P171P SIMPLE vested in the insured by means of
DEED made by JOHN N. GROENEVELD, JEAN 11. GRDENEVELD, REGINALD N. GROEIILVELD,
DAVID W. GROENEVELD AND WILLIA14 M. GRDENEVELD, to the INSURED, dated May 29, .
1974.
SCHEDULE A
The premises in which the insured has the estate or interest covered by this policy is described on the description sheet
annexed:
M
SCHEDULE B
The following estates, interests, defeats, objections to title, liens, nod S. Title to ally property beyond the lines of the premises, or title to
tarumbrances and other matters are rxrrpted from the roverngi, of this areas within or rights or easements in any abutting streets, roads, avenues,
policy. hales, ways or waterways, or the right to maintain therein volts, tunnels,
1. Defects and incumbrances arising or bcrmning a lien after thu date ramps or any other strnrture or improvement, unless this policy specifi.
' of this policy,except as herein provided. rally provides that Such titles. rights, or easements are insured. Notwilh•
stn..ding any provisions in this paragraph to the contrary, this policy,
' 2. Conselturnces of the exercise and enforcement or attempted enforce. unless otherwise excepted, insures the ordinary rights of access and egress
ment of any governmental war or police powers over the premises. belonging to abutting owners. i
[ 6. Compliance by the buildings or other erections upon the premises or
9t[ 3. Zoning restrictions or ordinances imposed by any governmental Lady. their use with Federal, State and Municipal laws, regulations and
4. Judgments against the insured or estates, interests, defects, objections, ordinances.
liens or incumbrances created, suffered, assumed or agreed to by or with , 7. Title to any personal properly, whether the same he attached to or
the privity of the insured. used in connection with said premises or otherwise.
8. Mortgage for $18,000.00 and interest.
Mortgage for $19,200.00 and interest as reduced.
9 . Subject to any state of facts an accurate survey may show. No title
is insured to any land lying in the bed of any street, roaddor avenue
abutting, adjoining, passing through or crossing the premises herein.
The exact distances, dimension and locations of the boundary lines of
the premises herein, described cannot be guarnateed without a survey
acceptable and approved by the Law Department of this Company.
No personal inspection having been made by this Company, policy will
except any state of facts an inspection would disclose.
10 . Water charges, if any.
Rights of present tenants, if any.
C ni reigned
(, NOTE.: ATTACHED HERETO ADDED PAGES. -
Authorized Signatory
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('hi.aeo title Insurance<'ompapy—
TITLE No.
74-S-00192
I)FS(TIPT]( IN
All that certain plot, piece or parcel of land, situate, lying
and beingat Orient, in the Town of Southold, County of Suffolk
and State of New York, bounded and described as follows :
BEGINNING at a monument on the Southwesterly side of Orchard
Street distant 617. 73 feet Northwesterly, when measured along the
Southwesterly side of Orchard Street, from the corner formed by
the intersection of the Southwesterly side of Orchard Street with
the Northerly side of King Street; said point of beginning also
being where the division line between the premises herein des-
cribed and land now or formerly of J. Witzenburg, intersects the
Southwesterly side of orchard Street; running thence South 700 131
50" West along said last mentioned division line, 692. 77 feet to
a monument and landnow or formerly of Vilna Estates, Inc. ; thence
along said last mnetioned land the following two courses and dis-
tances; (1) North 29° 551 10" West 546. 97 feet to a monument ;
(2) North 64° 091 10" West 241 . 47 feet to a monument and land now
or formerly of T. Rohloff ; thence North 220 561 30" East along R
said last mentioned land 431 . 16 feet to a monument and the South-
westerly side of Orchard Street; thence along the Southwesterly
side of Orchard Street the following two courses and distances;
(1) South 650 401 40° Fast 570. 31 feet to a point; (2) South
41° 511 10" East 680.91 feet to the monument at the point or place
Of BEGINNING.
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CONDITIONS OF THIS POLICY
1. Dennitlons lender and it shall have been finally determined that the rejection
(a) Wherever the term "insured" is used in this policy it of the title was justified because of a defect or encumbrance not
includes those who succeed to the interest of the insured by opera- excepted in this policy.
tion of law including,without limitation,heirs,distributees,devisees, (f) Where the insured shall have transferred the title insured
survivors, personal representatives, next of kin or corporate suc- by an instrument containing covenants in regard to title or warranty
cessors, as the case may be, and those to whom the insured has thereof and there shall have been a final determination on any of
assigned this policy where such assignment is permitted by the such covenants or warranty, against the insured, because of a defect
terms hereof, and whenever the term "insured" is used in the con- or encumbrance not excepted in this policy.
ditions of this policy it also includes the attorneys and agents of (g) Where the insured estate or interest or a part thereof has
the "insured." been taken by condemnation and it has been finally determined that
(b) Wherever the term "this company" is used in this policy the insured is not entitled to a full awnrd for the estate or interest
it means Chicago Title Insurance Company. taken because of a defect or encumbrance not excepted in this policy.
(c) Wherever the term "final determination" or "finally deter- No claim for damages shall arise or be maintainable under this
mined" is used in this policy, it means the final determination of policy (1) if this company, after having received notice of an
a court of competent jurisdiction after disposition of all appeals or alleged defect or encumbrance, removes such defect or encumbrance
after the time to appeal has expired, within thirty days after receipt of such notice; or (2) for liability
(d) Wherever the term "the premises" is used in this policy, voluntarily assumed by the insured in settling any claim or suit
it means the property insured herein as described in Schedule A without the written consent of this company.
of this policy, including such buildings and improvements thereon 4. Notice of claim
which by law constitute real property.
(e) Wherever the term "recorded" is used in this policy it means, In case a purchaser or proposed mortgage lender raises any
unlegs otherwise indicated, recorded in the otlice of the recording question as to the sufficiency of the title hereby insured, or in can
officer of the county in which property insured herein lies. actual knowledge shall come to the insured of any claim adverse
to the title insured hereby, or in case of the service on or receipt
2. Defense and Prosecution of suits by the insured of any paper, or of any notice, summons, process
of pleading in any action or proceeding, the object or effect of
(a) This company will, at its own cost, defend the insured in all which shall or may be to impugn, attack or call in question the
actions or proceedings founded on a claim of title or encumbrances validity of the title hereby insured, the insured shall promptly
not excepted in this policy. notify this company thereof in writing at its New York office and
(b) This company shall have the right and may, at its own cost, forward to this company such paper or such notice, summons,
maintain or defend any action or proceeding relating to the title process or pleading. Delay in giving this notice and delay in for.
or interest hereby insured, or upon or under any convenant or warding such paper or such notice, summons, process or pleading
contract relating thereto which it considers desirable to prevent or shall not affect this company's liability if such failure has not
reduce loss hereunder. prejudiced and cannot in the future prejudice this company.
(c) In all cases where this policy requires or permits this com-
pany to prosecute or defend, the insured shall secure to it the right s. Payment of toss
and opportunity to maintain or defend the action or proceeding, (a) This company will pay, in addition to the loss, all statutory
and all appeals from any determination therein, and give it all costs and allowances imposed on the insured in litigation carried
reasonable aid therein, and hereby permits it to use therein, at its on by this company for the insured under the terms of this policy.
option, its own name or the name of the insured. This company shalt not be liable for and will not pay the fees of
(d) The provisions of this section shall survive payment by any counsel or attorney employed by the insured.
this company of any specific loss or payment of the entire amount (b) In every case where claim is made for loss or damage this
of this policy to the extent that this company shall deem it neces: company (I) reserves the right to settle, at its own cost, any claim
sary in recovering the loss from those who may be liable therefor or suit which may involve liability under this policy; of (2) may
to the insured or to this company. terminate its liability hereunder by paying or tendering the full
t
amount of this policy; or (3) may, without conceding liability,
a. eases Where Liability Arises demand a valuation of the insured estate or interest, to be made
by three arbitrators or any two of them, one to be chosen by the
No claim for damages shall arise or be maintainable under this insured and one by this company, and the two thus chosen selecting
policy except in the following cases: an umpire. Such valuation, less the amount of any encumbrances on -
r (a) Where there has been a final determination under which said insured estate and interest not hereby insured against, shall be
the insured may be dispossessed, evicted or ejected from the prem- the extent of this company's liability for such claim and no right
! ises or from some part or undivided share or interest therein. of action shall accrue hereunder for the recovery thereof until
(b) Where there has been a final determination adverse to the thirty days after notice of such valuation shall have been served
title upon a lien or encumbrance not excepted in this policy. upon this company, and the insured shall have tendered a con-
(c) Where the insured shall have contracted in good faith in veyance or assignment of the insured estate or interest to this
writing to sell the insured estate or interest, or where the insured company or its designee at such valuation, diminished as aforesaid.
estate has been sold for the benefit of the insured pursuant to the The foregoing option to fix a valuation by arbitration shall not
judgment or order of a court and the title has been rejected because apply to a policy insuring a mortgage or leasehold interest.
of a defect or encumbrance not excepted in this policy and there (c) Liability to any collateral holder of this policy shall not
has been a final determination sustaining the objection to the title. exceed the amount of the pecuniary interest of such collateral
(d) Where the insurance is upon the interest of a mortgagee and holder in the premises.
the mortgage has been adjudged by a final determination to be (d) All payments made by this company under this policy shall
invalid or ineffectual to charge the insured's estate or interest in reduce the amount hereof pro tanto except (1) payments made for
the premises, or subject to a prior lien or encumbrance not excepted counsel fees and disbursements in defending or prosecuting actions
in this policy; or where a recording officer has refused to accept or proceedings in behalf of the insured and for statutory costs and
from the insured a bati8faction of the insured mortgage and there allowances imposed on the insured in such actions and proceedings,
has been a final determination sustaining the refusal because of a and (2) if the insured is a mortgagee, payments made to satisfy or
defect in the title to the said mortgage. subordinate prior liens or encumbrances not set forth in Schedule B.
(e) Where the insured shall have negotiated a loan to be made (e) When liability has been definitely fixed in accordance with
on the securityof a mortgage o
n the insured's estate or interest in the conditions of this otic the loss or damage shall be payable
policy, g PY
the premises and the title shall have been rejected by the proposed within thirty days thereafter.
Form 3.328 CONDITIONS (Continued on Reverse Side)
CONDITIONS OF THIS POLICY, (CONED)
S. Co-Insurance and Apportlomnont intendent of Insurance of the State of New York on behalf of this
(a) In the event that a partial loss occurs after the insured and other member companies for continuation of liability to grantees
Hakes an improvement subsequent to the date of this policy, and of the insured in certain specific circumstances only. In no circum-
,al In that event, the insured becomes a co-insurer to the extent stance provided for in this section shall this company be deemed to
Y have insured the sufficiency of the form of the assignment or other
hereinafter set forth. instrument of transfer or conveyance or to have assumed any lia-
If the cost of the improvement exceeds twenty per centum of bility for the sufficiency of any proceedings after date of this policy.
he amount of this policy, such proportion only of any partial loss
_stablished shall be borne by the company as one hundred twenty e. Subrogation
ier centum of the amount of this policy bears to the sum of the (a) This company shall, to the extent of an
imount of this policy and the amount expended for the improve- p Y Y payment ed it of
,tent. The foregoing provisions shall not apply to costs and attor- Toss under this policy, be subrogated to all rights of the insured with
rays' fees incurred by the company in prosecuting or providing respect thereto. The insured shall execute such instruments as may
or the defense of actions or proceedings in behalf of the insured transferred
requested to lestransfer such rights to this company. The rights e
,ursuant to the terms of this policy or to costs imposed on the transferred shall be subordinate to any remaining interest of the
insured.
nsured in such actions or proceedings, and shall apply only to that
,ortion of losses which exceed in the aggregate ten per cent of (b) If the insured is a mortgagee, this company's right of
he face of the policy. g cion shall not prevent the insured from releasing the personal
liability of the obligor or guarantor or from releasing a portion
Provided, however, that the foregoing co-insurance provisions of the premises from the lien of the mortgage or from increasing
hall not apply to any loss arising out of a lien or encumbrance or otherwise modifying the insured mortgage provided such acts
or a liquidated amount which existed on the date of this policy do not affect the validity or priority of the lien of the mortgage
nd was not shown in Schedule B; and provided further, such co- insured. However, the liability of this company under this policy
osurance provisions shall not apply to any loss if, at the time of shall in no event be increased by any such act of the insured.
he occurrence of such loss, the then value of the premises, as so
mproved, does not exceed one hundred twenty per centum of the q• Micropresentatlon
mount of this policy.
Any untrue statement made by the insured with respect to any
(b) If the premises are divisible•into separate, independent material fact, or any suppression of or failure to disclose any mate-
arcels, and a loss is established affecting one or more but not all rial fact, or any untrue answer by the insured to material inquiries
-f said parcels, the loss shall be computed and settled on a pro rata before the issuance of this policy shall void this policy.
asis as if this policy were divided pro rata as to value of said
eparate, independent parcels, exclusive of improvements made sub- to. No walvor of conditions
equent to the date of this policy.
(c) Clauses "(a)" and "(b)" of this section apply to mortgageThis company may take any appropriate action under the terms
,olicies only after the insured shall have acquired the interest of of this policy whether or not it shall be liable hereunder and shag
he mortgagor. not thereby concede liability or waive any provision of this policy.
j (d) If, at the time liability for any loss shall have been fixed 1t, Paucy Snfire contract
'•ursuant to the conditions of this policy, the insured holds another
'oliey of Insurance covering the same loss issued by another com- All actions or proceedings against this company must be based
;any, this company shall not be liable to the insured for a greater on the provisions of this policy. Any other action or actions or
roportion of the loss than the amount that this policy beaus to rights of action that the insured may have or may bring against
,re whole amount of insurance held by the insured, unless another this company in respect of other services rendered in connection
'tethod of apportioning the loss shall have been provided by agree- with the issuance of this policy, shall be deemed to have merged
ient between this company and the other insurer or insurers. in and be restricted to its terms and conditions.
19. Validation and Modification
Aulsnmant of Policy This policy is valid only when duly signed by a validating officer
If the interest insured by this policy is that of mortgagee, this or agent. Changes may be effected only by written endorsement.
4olicy may be assigned to and shall enure to the benefit of succes- If the recording date of the instruments creating the insured inter-
ive assignees of the mortgage without consent of this company or est is later than the policy date, such policy shall also cover
s endorsement of this policy. Provision is made in the rate manual intervening liens or encumbrances, except real estate taxes, assess-
'f New York Board of Title Underwriters filed with the Super- ments,water charges and sewer rents.
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f APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat
in accordance with Article 16 of the Town Law 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 record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be . . .��Beaujolais Acres
• n
. . .. .... .... .. .. .. .. . . . . . ... . .. .. . . .
. . . . . .. . . ... . . .... .. .. .. .. .. .... ........ .. .. . . .. . . . . . ... .. . . . . . . .. .. . . .. .. .. .. .. .. .. . . .. .. .. .. ..
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
follows:
Liber . .. .. . 7650. . . .. .. .... . Page ... . 354. . . . . .. .. .. .. . On . June6 1974
1.... .. . . . .. .. :
Liber . .. .. ...... .. . ... . . . . .. . Page . .. . . . . . . . . . . .. .. .. .. . On . ...... .. .. .. .. ... .... .. ;
Liber . .. . . .... .. .. .. .. .. . . . . . Page . .. . . .. .. . . . . . . . . . . . . . On . ... . ... . .. .. .. .. . . . .. . . ;
Liber . .... .. .. .. . . . . .. .. .. .. . Page . .. . . . . . . .. . . .. .. .. .. . On . ... . .. .... .. .. ......... ;
Liber . .... .... .... .. .. . . .. . . . Page . .. . . . . . . . . . . .. .. .. .. . On . .... ... ... .. .. ... ...... ;
as devised under the Last Will and Testament of .. . .. .... .. .. .... . . .. . . .. .. .. .. . . . .... . .
or as distributee Sa copy..of the deed. is. .anXWxeq.hereto, as, 4Khibit ,A. )
. . . . . . . . .. .. .. .. . . .. .. . . .. .. .. . . . . . . ... .. .. . . . . . .. . . . . . . . . .. .. .. .... .. .. .. .. . . .. . ...... . . . . .. . . .
5. The area of the land is , ,12. 4 71. ,. ; ,. acres.
6. All taxes which are liens on the land at the date hereof have been paid except .second
bol f..19.7&-197S. a0uthQ14.Town. Taxes .-. .$23R.7.2.... .. . . .. ..... .. . . ....... ... .. .
7. The land is encumbered by . . . .tW9. .S?.).
.. . . . . . . .. .... .. .. .. . . . . .. .. . . . . . . . . . . . . ..... .. .
mortgage (s) as follows:
(a) Mortgage recorded in Liber . ..6.32Q. . . . Page . 223 . .. . . .. .. . . .. . in original amount
of $.32,,000. 00 , , unpaid amount $,12x$00.00. . held by Ernest E., .and Harold W.
Wilsberg . . ... address .(NF ,. ), . Ole Jule Street Matti tuck NY 11952
�. .. .. . . . . . .....r.. . . .
(b) Mortgage recorded in Liber . . . . . .. . . . . . Page . . . . . .. .. . . . . .. . . . . . in original amount
of $ 18,000.00 unpaid amount $.18,000,O.Q. . held by Joh1z. . ,. . &. .Jean.#.. & Regin-
ald N. &
A.dVJ,d. .W...GxOeUeVe.ldaddress . .99. .N.etz .P.lace.,. .Albertson,,. .N.ew. .Yark .11507.
(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 except .MD.4P..ft . .. . . . . . . . . . . . . .
. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . .
9. The land lies in the following zoning use districts .".A.". . Residential—Agricultural
.Dis.trict. . . . . . .. . . . . . . . . . . . . .. . .. . . .. . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . .. . . . . . . . . . . . . . . .
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
cept none
11. The applicant shall at his expense install all required public improvements.
12. The land ( MDg (does not) lie in a Water District or Water Supply District. flame of Dis-
trict, if within a District, is . . N/A. . . . . . ... . . . . . . . . . . „ . „
13. Water mains will be laid by . , N/A
. . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . .. . . . . .. . . . . . . . . . . . . . . . .
and (a) (no) charge will be made for installing said mains.
{' 14. Electric lines and standards will be installed by , ppr, e}¢'). .1gt)
and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by , ,N/A
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 show same. N/A
I` 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. (Annexed
preliminary plot)
18. There are no existing buildings or structures on the land which 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. N/A
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Lay. (Annexed)
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D". (Blanket covenants and restrictions)
�I
22. The applicant estimates that the cost of grading and required public improvements will be
N/A , as itemized in Schedule "E" hereto annexed 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 shown on Schedule "F".
qq // fieri
DATE . . . . April . . . Oak?. .. .. . . .. ., 19.75. . . .. ... .... .... ...... .. . . .
(dame of Applicant) CHARLES DEVOE
By . . . .. . . .. . . . . .. . .. . . .. .. .. . . . . . . . .. . .. .. . . .
(Signature and Title)
3630 Orchard Street
Orient., .New York 11957.
:. . . .. . . . .. . . . . ... . .. . .. . . .
(Address)
STATE OF NEW YORK, COUNTY OF . . SUFFOLK ss:
On the . . . .." (?. . ... . . . day of . .. .. .,April 1975 before me personally came
CHARLES DEVOE
. . . .. .. .. .. . . . . . . . . .. .. .. . ... .. . . .... . . . ... . to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that . . . he .. . . .. . executed the same.
GEORGE C. STANKEVICN
NOTARY PUBLIC, State of New York
No. 303807858 .. .. . . . . .. . . . . .. . . . . .. .. . . . . . C/,(!t/`^
Qualified in Suffolk County Notary Public
Certified in Nassau, Queens, Kings, Bronx,
New York and Richmond Counti^s
Commission Eyw,, h^,arch 30, in77
STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . 4 . .. .. . . .. . . .. . . . . . . . . . ss:
On the . .. .. .. .. . . .. . . . . . day . . . . . .. .. . . .. . of . . . . . .. .. .. 19. . . .4 ., 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 . . . . . . . .. .
" . . . . . .. . . .. .. . . . of . .. . . .. . . .. .. .. .. . . . . .. . . . .. . . . . . . . . .. .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
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 corpor-
ation, and that . . . .. .. . . .. . signed . .. . . . . . . . . .name thereto by like order.
.. .. .. .. .. .... .. .. .. .. . . .. . . . . .. . . .. . . . . ..... .. .
Notary Public
Standard N.Y.B.T U F BOW-10M Bargain and Sale Decd,with covenant against Grantor's Act,—Individual orCogorstion.
CONSULT YOU YER BEFORE SIGNING THIS INSTRUMENT-*
INSTRUMENT SHOULD EE USED BY LAWYERS ONLY
•,, . ' 18fR 7653 PACE 354
61 BETWEEN
! THIS INDENTURE,made the j 9 day of M� nineteen hundred and seventy—four
�' yJ BETWEEN
JOHN N. GROENEVELD, JEAN H. GROENEVELD, REGINALD N. GROENEVELD, DAVID
4 ! W. GROENEVELD and WILLIAM M. GROENEVELD, all residing at 99 Netz Place,
Albertson, New York 11507
party of the first part,and
CHARLES DE VOE, residing at 117 Lee Avenue, Hawthorne, New Jersey
07507
i
I
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
Ten ($10. 00) ------------------------------------------------- dollars,
lawful money of the United States, paid
�L by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
vacant
ALL that certain plot, piece or parcel o0and, sciEhcthx�[>fdamgtc axd ianitr�aem�ttscttBere�ctmeotaslic�1tR10e,
�i situate,
r lying and being imAhe at Orient, in the Town of Southold, County of Suffolk
<� ! ) and State of New York, bounded and described as follows :
BEGINNING at a monument on the southwesterly side of Orchard Street
distant 617 .73 feet northwesterly, when measured along the southwester-
ly side of Orchard Street, from the corner formed by the intersection
of the southwesterly side of Orchard Street with the northerly side of
King Street, said point of beginning also being where the division line
between the premises herein described and land now or formerly of J.
Witzenburg intersects the southwesterly side of Orchard Street;
running thence South 70 degrees 13 minutes 50 seconds West along said
last mentioned division line, 692 .77 feet to a monument and land now
or formerly of Vilna Estates, Inc;
thence along said last mentioned land the following two courses and
distances : 1) North 29 degrees 55 minutes 10 seconds West 546. 97 feet
to a monument; 2 ) North 64 degrees 09 minutes 10 seconds West 241.47
feet to a monument and land now or formerly of T. Rohloff;
thence North 22 degrees 56 minutes 30 seconds East along said last
mentioned land, 431. 16 feet to a monument and the southwesterly side
of Orchard Street;
thence along the southwesterly side of Orchard Street the following
two courses and distances : 1) South 65 degrees 40 minutes 40 seconds
East 570. 31 feet to a point; 2 ) South 41 degrees 51 minutes 10 seconds
East 680. 91 feet to the monument at the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the grantors
herein by deed made by Ernest E. Wilsberg and Harold W. Wilsberg,
dated March 22 , 1972 and recorded in the Suffolk County Clerk ' s Office
on March 29, 1972 in Liber 7131 at page 555.
as REAL ESTATESTATE OF *
TRANSFER TAX �. NEIAR WRK *
w Dept.of F `• ; Bit
sr legation 'j".674 : 5 a 6 o
EXHI� I lr Fla.It.9..�..�*_ .
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• LIBER 7650 PACE 355
r
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
r roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
it
successors and assigns of the party of the second part forever.
I'
li
I
The grantee herein, Charles DeVoe, herebelow affixes his signature
i' to this instrument evidencing his agreement to assume and pay the
existing mortgage on the premises described herein which was made
to Ernest E. Wilsberg and Harold W. Wilsberg by John N. Groeneveld,
Jean H. Groeneveld, Reginald N. Groeneveld, David W. Groeneveld
�j and William M. Groeneveld the grantors herein, dated March 22 ,
3
1972 and recorded /sg/ 1972 in Liber of mortgages
p es at page
'L13 in the Suffolk County Clerk ' s office, on which the present
remaining principal balance is $ 00,
ii
h
I�
i
uaER 7650 PACE 355
r TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
I'.
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
I' said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
�I successors and assigns of the party of the second part forever.
I
j The grantee herein, Charles DeVoe, herebelow affixes his signature
to this instrument evidencing his agreement to assume and pay the
existing mortgage on the premises described herein which was made
to Ernest E. Wilsberg and Harold W. Wilsberg by John N. Groeneveld,
Jean H. Groeneveld, Reginald N. Groeneveld, David W. Groeneveld
and William M. Groeneveld the grantors he ein, dated March 22,
1972 and recorded 3 �,24/ 1972 in Liber (320 of mortgages at page
in the Suffolk County Clerk ' s Office, on which the present
remaining principal balance is $ /Y�X00,
it
I
it
I
I
III
I
AND the party of the first part covenants that the party of the first part has not done or suffered anything
i
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
f
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
it 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
j, the same first to the payment of the cost of the improvement before using any part of the total of the same for
I'
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
�I written.
II IN FEESENCE OF: ( LS
�{ 4ohn N. G e
LSLS
Charles DeVoe f( `an�H. Groeneveld
7
j� ' "4 LS
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Regin:arr. Groeneveld
Ls
William M. G eneveld tj LS
SI David W, roeneveld
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Standard N.Y.B.T.U. Form 8002-20M —Bargain and Sale Deed,with Covenants against Granmr s Am—Individual tar Corpmatiun. (single sheer)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-TRIS INSTRUMENT SNOULD RE USED BY LAWYERS ONLY
THIS INDENTURE, made the day of June nineteen hundred and Seventy-five,
BETWEEN
CHARLES S. DE VOE
residing at
3630 Orchard Street
Orient, New York 11957,
party of the first part,and
JOHN DOE
Main Road
Southold, New York 11971,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the Hamlet of Orient, Town of Southold, County of Suffolk,
State of New York, more particularly bounded and described as
Lot # as shown on the Subdivision Map of "Beaujolais Acres,"
filed in the Suffolk County Clerk's Office on June , 1975 as
Map #
SUBJECT TO covenants, restrictions and easements of record.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party 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 as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
CHARLES S. DE VOE
EXHIBIT
STATE OF NEW YORK, COUNTY OF SUFFOLK SS: STATE OF NEW YORK, COUNTY OF SS:
On the day of June r 1975 , before me On the day of 19 before me
personally came personally came
CHARLES S. DE VOE
to me known to be the individual described in and who to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that
he executed the same. executed the same.
Notary Public
STATE OR NEW YORK, COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS:
On the day of 19 before me On the day of 19 before me
personally came personally came
to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with
say that he resides at No. whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he is the
of that he'knows
the corporation described
in and which executed the foregoing instrument; that he to be the individual
knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors of said corpora- execute the same; and that he, said witness,
tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto.
Wargi in ind Oak Orrd
WITH COVENANT AGAINST GRANToves ACTS SECTION
TITLE NO. BLOCK
LOT
CHARLES S. DE VOE
TO COUNTY OR TOWN
JOHN DOE Reowded at Rgrst of
CHICAGO TITLE INSURANCR COMPANY
SUKMM m • IIII TME EEME W TIRE MEMIMTMS Rema by Mal Be
Distributed by GEORGE C. STANKEVICHr ESQ.
CMICASO rrlirli a MAIN ROAD
INESWIt"CE COMPANY SOUTHOLDr NEW YORK 11971
(516) 765-3838
(516) 749-1328 zip Na.
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Standard N.Y.B.T.U.Form 8802-20M —Bargain and Sale Deed.with Covenants against Grantor's Acts—Individual or Corporation. (single sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the day of June nineteen hundred and sawnty-five,
BETWEEN
CHARLES S. DE VOE
residing at
3630 Orchard Street
Orient, New York 11957,
party of the first part,and
JOHN DOE
Main Road
Southold, New York 11971,
party of the second part,
WITNESSETH,that the party of the first part, in consideration of ten dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the Hamlet of Orient, Town of Southold, County of Suffolk,
State of New York, more particularly bounded and described as
Lot # as shown on the Subdivision Map of "Beaujolais Acres,"
filed in the Suffolk County Clerk's Office on June , 1975 as
Map #
SUBJECT TO covenants, restrictions and easements of record.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party 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 as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
CHARLES So E VOE
E�
STATE OF NEW YORK, COUNTY OF SUFFOLK SS: STATE OF NEW YORK, COUNTY OF SS:
On the day of June• 19 75 , before me On the day of 19 before me
personally came personally came
CHARLES S. DE VOE
to me known to be the individual described in and who to me known to be the individual described in and who
exg,uuted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledges that
executed the same. executed the same.
otary Public
STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS:
On the day of 19 before me On the day of 19 before me
personally came personally came
to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with
say that he resides at No. whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he is the ,
of that he'knows
the corporation described
in and which executed the foregoing instrument; that he to be the individual
knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors of said corpora- execute the same: and that he, said witness,
tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto.
Nargain anal Ode Deet
WITH COVENANT AGAINST GRANTOR's ALTS SECTION
TITLE NO. BLOCK
CHARLES S. DE VOE LOT
TO COUNTY OR TOWN
JOHN DOE Recorded at Rgrat of
CHICAGO TITLE INSUTANCE COMPANY
SiEREEEE FIRE • RE\TISK SEAN Rf TALE MEEMMiBS ACME by no W
Distributed by GEORGE C. STANKEVICHs ESQ.
MAIN ROAD
CHICAOO TITL= SOUTHOLDs NEW YORK 11971
IxaUJI&A TCZ COMPANY (516) 765-3838
(516) 749-1328 Zip r..
21
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APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat
in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as foilows:
1. The applicant is the owner of record of the 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.)
2. The name of the subdivision is to be . . . .".B.eau '. . . . J. .olais .Acres ... ............ . . . . . .. . . .
. . . ...... ......... .. .. .. .. .. .. . . . . . . .. .. .. .. .. .. . . . . . . .. . . . .. .. . . . .. . . .. . . . . . . .. . ... .. .. .. . . . . ..
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
follows:
Liber 7650 354 On June 6� 1974
Page . .. .. . . . .
Liber . .. . . .. . . .... .. .. .. .. .. . Page . .. . . . . . . .. . . .. .. .. . . . On . .. .. .. . . .. .. .. .... . .. . . ;
Liber '. ... . .. .. .. . . .. .. .. .. . . . Page . . . . . . . .. .. . . .. .. . . . . . On . .. . . ... . .. .. .. .. . . . .. .. ;
Liber . .... .. .. ... . . . .. . . .. . . . Page . . . . . . . . . . . . . .. . . . . . . . On . ... . ... . ...... .. . ...... ;
Liber . .. . . .... .... . . .. .. .. . . . Page . . . . . .. .. .. . . .. .. .. .. . On . . . . . . . . ... . . .. .. . .. .. .. ;
as devised under the Last Will and Testament of . . . . . . . . . . . .. .... . . .. . . .. . . .. .. .. ... .. . .
or as distributee (a, copy,of', the deed, is. •annexed, hereto•A$, ] xKhibit ,A. )
.. .. . . .. .. .. .. . . . . . . .. . . .. .. . . .... . . .. . ...... . . . .. .. .. . . .. .. .. . . .... .. .. .. ..... . . .. ... . . ..... .. .
5. The area. of the land is . .17. 4 71, ., , acres.
6. All taxes which are liens on the land at the date hereof have been pdid except .second
.hal£.1.9.74-].97.5. Southold.T.o ' .Taxea .7..$23&.7.2.
7. The land is encumbered by . .. .twe. . . . . . . . . .. . . . . .. . . .. . . .. .. ...I.. . . . . . . . . . .. . . .
mortgage (s) as follows:
(a) Mortgage recorded in Liber , ,6320 Page 223 . .. . . . . . . .. .. . in original amount
of $.32, 000. 00 unpaid amount $.12x800.00 held by Ernest. E. and. Harold W.
Wilsberg . . . . address .ANO. .#,),• Ole Jule Street, Mattituckx NY 11952 ,
(b) Mortgage recorded in Liber . . . . . .. . . . . . Page . . . . . .. .. .. . . .. .. .. . in original amount
of $.1f3 , 000.00.. , unpaid amount $.1$rQQA., O.Q. . held by Regin—
ald N. &
D.avi,d..W...Gxoeuaveldaddress . .99. .N.etz . P.lace., .Alhertson,..New. .York .11507.
(c) Mort.-age recorded, in Liber . .. .. . . . . . . . Page . . . . . . . . . . . . . .. .. . . . in original amount
of $. .. . . . . . . .. .. . . . unpaid amount $. . . . . . . . . . . . . . . . held by . . . . . .. .. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .. . . . . . . . . . . . . . address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . .
8. There are no other encumbrances or liens against the land except -nQnp., . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .
The land lies in the following zoning use districts . A.". . Residential—Agricultural
District. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
,,pt nqnp�., . . . . . .. .. .. . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . .
11. The applicant shall at his expense install all required public improvements.
12. The land (&Alp (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is . . .N/A. . . . . . .. . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Water mains will be laid by . . N/A
. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by LTAQQ . .(.QYP7;he?kd. Pq-x. g4LO). AQA)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I . . . . and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by N/A
. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. .. . . . .. . .. .. . ... . .. . . .
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed 1)), the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same. N/A
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of .5outhold Highay system, annex Schedule "C" hereto to show same. (Annexed
preliminary plot)
18. There are no existing buildings or structures on the land which 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. N/A
20. In the course of these proceedings, the applicant will offer proof of title as required by See.
335 of the Real Property Law. (Annexed)
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D". (Blanket covenants and restrictions)
22. The applicant estimates that the cost of grading and required public improvements will be
N/A as itemized in Schedule "E" hereto annexed 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 other%�ise shown on Schedule "F".
DATE . . . . April . . . . . . .. . . .. .. 19.75. . . . . . .. . . . . . . .. . . . ..... . . ... . . . . .
(Name of Applicant) CHARLES DEVOE
liy . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . .. . .. .. . . .
(Signature and Title)
3630 Orchard Street
Orient, .New York 11957, , , , ,,, , , , , , , , , ,
(Address)
STATE OF NEW YORK, COUNTY OF . . . . . . .SUFFOLK. . . . . . . . . . . . . . . .... . . .. .. . . .. ss:
On the . . . . . . .... .. . day of . .. . . .. April 1975.. ., before me personally came
. CHARLES DEVOE. . .. . . .. . . . . . .. . . . . . . . . to me known to be the individual described in and whr,
executed the foregoing instrument, and acknowledged that . . . he .. . . .. . executed the same.
GEORGE C. STAMKEVICH
NOTARY PUBLIC, State of Mew York
No. 30-a807II53 . . . . . . . . . . . �.. . . .. . . . . . . . . . . . . . . . . .
Qualified in Ssf`.edk County Votary Public
Certified in Nassau, Qocoos, Kings, Bronx,
New York and PI.C"mcnd Camtics
Commission Ern',,,, tilarch 30, 1097
STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ss:
On the . . . . . .. . . . . . . .. . . . day . . . . . . . . . . . .. . of . . . . . . . . . .1 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 . .. . . . . .. .
. . . . . . . . . . . . . . . . of . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . .
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 corpor-
ation, and that . .. . . . . .. .. . signed . . . . . . . .. . . .name thereto by like order.
. . . . .. . . .. . . . . . . . . . . .. . . .. . . .. . . . . ... . . . . . . . . . . .
.Notary Public
Standard N.Y.D:r.u. Ftonn snot/—IoM Wrg.t.and Sale IkM with Covenant against Grantors Aar—Individual or Corjwratlun. -
CONSULT YO1*,WYER BEFORE SIGNING THIS INSTRUMENTS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
C . mER 7650 PAGE 354
�
16.(1 THIS INDENTURE,made the z 9 day of IV5y r nineteen hundred and seventy—four
7 BETWEEN Q
"D JOHN JOHN N. GROENEVELD, JEAN H. GROENEVELD, REGINALD N. GROENEVELD, DAVID
W. GROENEVELD and WILLIAM M. GROENEVELD, all residing at 99 Netz Place,
Albertson, New York 11507
party of the first part,and
i
CHARLES DE VOE, residing at 117 Lee Avenue, Hawthorne, New Jersey
07507
i
i party of the second part,
WITNESSETH, that the party of the first part,in consideration of
.n Ten ($10. 00)------------------------------------------------- dollars,
I wti
\!
lawful money of the United States, paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
vacant
ALL that certain plot, piece or parcel of,/land, At�ltctlD[a6E[iitlmgx acrd is[Et@e1DEntxf#n[aemxxi�ootadt mhsbe,
situate,
f lying and being ixxhe at Orient, in the Town of Southold, County of Suffolk
and State of New York, bounded and described as follows :
BEGINNING at a monument on the southwesterly side of Orchard Street
distant 617 . 73 feet northwesterly, when measured along the southwester-
ly side of Orchard Street, from the corner formed by the intersection
of the southwesterly side of Orchard Street with the northerly side of
King Street, said point of beginning also being where the division line
between the premises herein described and land now or formerly of J.
Witzenburg intersects the southwesterly side of Orchard Street;
running thence South 70 degrees 13 minutes 50 seconds West along said
last mentioned division line, 692 .77 feet to a monument and land now
or formerly of Vilna Estates , Inc;
thence along said last mentioned land the following two courses and
distances: 1) North 29 degrees 55 minutes 10 seconds West 546. 97 feet
to a monument; 2) North 64 degrees 09 minutes 10 seconds West 241 .47
feet to a monument and land now or formerly of. T. Rohloff;
thence North 22 degrees 56 minutes 30 seconds East along said last
mentioned land, 431. 16 feet to a monument and the southwesterly side
of Orchard Street;
thence along the southwesterly side of Orchard Street the following
two courses and distances : 1) South 65 degrees 40 minutes 40 seconds
East 570.31 feet to a point; 2 ) South 41 degrees 51 minutes 10 seconds
East 680. 91 feet to the monument at the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the grantors
herein by deed made by Ernest E. Wilsberg and Harold W. Wilsberg,
dated March 22 , 1972 and recorded in the Suffolk County Clerk ' s Office
on March 29, 1972 in Liber 7131 at page 555.
'e'4XI REAL ESTATE SiAtE bF *
TRANSFER TAX NE�AF-.1'pI
g$ a Dept. of
a .. iorehsn ;ml•rr� � 5 0. 6 0 *
E \, H I B I T 7�f,4inonte
11
0, 0LIBER7650 PAGE x355
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO 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.
I
The grantee herein, Charles Devoe, herebelow affixes his signature
to this instrument evidencing his agreement to assume and pay the
existing mortgage on the premises described herein which was made
to Ernest E. Wilsberg and Harold W. Wilsberg by John N. Groeneveld,
Jean H. Groeneveld, Reginald N. Groeneveld, David W. Groeneveld
and William M. Groeneveld the grantors herein, dated March 22 ,
1972 and recorded 3 /1g 1972 in Liber 63'X4 of mortgages at page
in the Suffolk County Clerk ' s Office, on which the present
remaining principal balance is $ /Y�X00,
Ali
it
I'
i.
i'
II
9
II
ii
VIII
�i AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
I
I �I AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
jthe 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
S
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 as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above
written.
fI l I
i� IN FRESEr7CE OF: / t i' LS
ohn N.
LS LS
Charles Devoe f( `an ,H. Groeneveld
/l?
LS
Reginal - Groeneveld
LS
L William M. G eneveld t — LS
p S
David W roeneveld
i
i
1181HX3
SOUTHOLD TOWN PLANNING BOARD
-----------------------------------x
In the Matter of the Application of
CHARLES DEVOE
For the Approval of a Subdivision
of Land Pursuant to Code of the
Town of Southold, County of Suffolk,
State of New York, 9§106-10 , et seq.
-----------------------------------x
COUNTY OF SUFFOLK)
ss. .
STATE OF NEW YORK)
CHARLES DEVOE, being duly sworn, deposes and
says:
FIRST - OWNERSHIP. By virtue of deed dated
May 29, 1974 from John N. Groeneveld, Joan H. Groeneveld, Regin-
ald N. Groeneveld, David W. Groeneveld and William M. Groeneveld
to Charles DeVoe recorded at the Suffolk County Clerk' s Office
on June 6, 1974 at Liber 7650 cp 354 , I am the record owner of
the real property described on said deed, a copy of which is
annexed hereto, which is generally located on the southwesterly
side of Orchard Street, Hamlet of Orient, Town of Southold,
County of Suffolk, State of New York 11957, and for which I
have applied to the Southold Town Planning Board and the Suffolk
County Health Department for approval of a subdivision map to
be known as "Beaujolais Acres. "
SECOND - LIENS AND ENCUMBRANCES. The liens
and encumbrances, of record, against the aforesaid property are
as follows:
(a) mortgage recorded at Liber 6320 mp 223 in
the original amount of $32 ,000. 00 on which the unpaid amount
is $12 , 800 . 00 held by Ernest E. Wilsberg and Harold W. Wilsberg,
(No Number) Ole Jule Street, Mattituck, New York 11952 , and
originally given by John N. Groeneveld, Joan H. Groeneveld,
0
Reginald N. Groeneveld, David W. Groeneveld and William M. Groen-
eveld, 99 Netz Place, Albertson, New York 11507, and assumed by
Charles DeVoe by deed dated May 29, 1974 recorded at the Suffolk
County Clerk' s Office on June 6, 1974 at Liber 7650 cp 354,
(b) mortgage recorded at Liber mp in
the original amount of $18,000. 00 on which the present unpaid
amount is $18,000.00 held by John N. Groeneveld, Joan H. Groen-
eveld, Reginald N. Groeneveld, David W. Groeneveld and William M.
Groeneveld, 99 Netz Place, Albertson, New York 11507 , originally
given by Charles DeVoe.
Dated: Apri1Z�, 1975 .
�
CHARLES DEVOE
Sworn to before me this
zb day of April, 1975. GEORGE C. STANKEVICH
NOTARY PUBLIC, State of New York
No. 30-3807858
Qualified in Suffolk County
certified in Nassau, Queens, Kings, Bronx,
,OA A&a "01ai New York and Richmond Counties
Commission Expires March 30, 1977
NotEty Mblic
SOUTHOLD TOWN PLANNING BOARD
--------------------- --- ----X
In the Matter of the Application of
CHARLES DEVOE
For the Approval of h, Subdivision
of Land Pursuant to Code -of_ the
Town of Southold, County: of Suffolk,
State of 'New York, 461106-1;0, at seg.
------ ------x
COUNTY OF SUFFOLK)
I slat'
STATE OF NEW YORK)
CHARLES DEVOE, being duly sworn, deposes and
says:
FIRST OWNERSHIP. By virtue of deed dated
May 29, 1974 from John N Groeneveld, Joan .H. Groeneveld, Regin-
ald N. Groeneveld, David. W Groenevald and William.M. Groeneveld'
to Charles DeVoe, recorded at the Suffolk County Clark's Office
on June 60, 1974 at Liber 765.0 cp 354, I: am the record' owher of
the real property described on said Seed,=a copy of which is
annexed hereto, which is generally -located on the southwesterly
side of Orchard Street, Hamlet of Orient, Town of Southold,
County of Suffolk, State of New 'York =119571 and for- which I
have applied to the Southold' Town Plannng .Board, and the Suffolk
County Health Department for approval of a subdivision map, to
be known as "Beaujolais_Acres.'
SECOND - LIENS AND ENCUMBRANCES. The liens
and encumbrances, of record, against the aforesaid property are
as follows: -
(a) mortgage recorded it Liber 6320. -mp 223 in
the originalamountof $32,000.00 on which "the unpaid amount '
in $120800000 held by Ernest E. Wiisberg and Harold W. Wilsberg,
(No Number) Ole Jule Street, Mattituck, New York 11952, and
originally given by John N. Groeneveld, Joan H. Groeneveld,
L.
Reginald N. Groeneveld, David W. Groeneveld and William M. Groen-
eveld, 99 Netz Place, Albertson, New York 11507, and assumed by
Charles DeVoe by deed dated May 29, 1974 recorded at the Suffolk
County Clerk's Office on June 6, 1974 at Liber 7650 cp 354,
(b) mortgage recorded at Liber mp in
the original amount of $18,000.00 on which the present unpaid
amount is $18,000,00 held by John N. Groeneveld, Joan H. Groen-
eveld, Reginald N. Groeneveld, David W. Groeneveld and. William M.
Groeneveld, 99 Nets Place, Albertson, New York 11507, originally
given by Charles DeVoe.
Dated: April .1L 1975.
/CMRLES DEVOZ
Sworn to before me this GEORGE C. STANKEVICH
NOTARY PUBLIC, Stale of Ne
No wYp2k1024 da of April, 1975 so sao7ssR
Y Pr I No,
in Suffolk
.. - .Certified in Nassau, County
Mew York and Richmond Cous" Bronx,
- Commission Expires March g nuns
- 0. 2977.
Notary c
GEORGE C. STANKEVICH
ATTORNEY AT LAW
MAIN ROAD HOZ 1878
SOUTHOLD, N. T. 11971 SHELTER ISLAND, N. T. 11984
(518) 785-8998 (818) 749-1929
July 8, 1974
Southold Town Planning Board
Main Road
Southold, New York 11971
Re: DeVoe Property
Orehard Street, Orient, New York
Dear Sirs:
Please find enclosed six copies of the sketch
map of the proposed division of the above property. I
would appreciate being placed upon your calendar during
the first two weeks of August, 1974, for a preliminary
conference.
Thank you for your cooperation regarding this
matter.
S'ncerely yours,
C 43PW*ACk---'
George C. Stankeuich
Enclosures
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