HomeMy WebLinkAboutPebble Beach Realty Inc
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BY-LAWS
of
PEBBLE BEACH FARMS LOT OWNERS ASSOCIATION, INC.
A New York Not-for-Profit Corporation
ARTICLE I. NAME, LOCATION AND PRINCIPAL OFFICE
The Corporation shall be known as Pebble Beach
Farms Lot Owners Association, Inc. Its principal office
shall be located at 620 Hempstead Turnpike, Elmont, New
York.
ARTICLE II. DEFINITIONS
The following words when used in these By-Laws
shall, unless the context otherwise prohibits, have the
meanings set forth below:
(a) "ASSOCIATION" shall mean and refer to
PEBBLE BEACH FARMS LOT OWt,ERS ASSOCIATION, INC., a New
York Not-for-Profit Corporation.
(b) "SPONSOR" shall mean and refer to PEBBLE
BEACH REALTY, INC., a New York Corporation, and its suc-
cessors and assigns.
(c) "DEC'LARATION" shall mean and refer to
the Declaration applicable to The Properties recorded
in the Office of the Clerk of Suffolk County, New York,
on June 11, 1975, in Liber 7855 beginning at p. 9.
(d). "THE PROPERTIES" shall mean and refer to
all those areas of land described on Schedule A to the
Declaration.
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(e) "COMMON PROPERTIES" shall mean and refer
to those open space areas of land, including the facili-
ties constructed thereon, if any, described as open space
areas "A", liB" I lie", "D", ."E", "F" and "G" on the sub-
division map entitled "Map of Pebble Beach Farms, East
Marion, Town of Southold, Suffolk County, New York", and
the private roads and streets shown thereon, said map
having been filed in the Suffolk County Clerk's Office
on September 11, 1975 as Map No. 6266.
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(f) "MEMBER" shall mean and refer to each
holder of either of the two classes of Membership In-
terests in the Association, as such interests are set
forth in Article VI.
(g)
as separately
Map of Pebble
"LOT" shall mean and refer to lots shown
numbered parcels of land on the Subdivision
Beach Farms.
(h) "OWNER" shall mean and refer to thE" owner
of fee simple title to any lot in the Properties. Where
such ownership is joint, in common, or tenancy by the
entirety, majority vote of such owners shall be necessary
to cast any vote to which the owners are entitled.
ARTICLE III. PURPOSE
This Association is formed to own, operate,
manage and control the Common Properties as a Homeowners'
Association for the benefit of its Members as herein de-
fined.
ARTICLE IV. APPLICABILITY
All present and future Members, Lessees, Tenants,
their families, guests, licensees, agents, employees and
any other person or persons that shall be permitted to
use the Common Areas shall be subject to these By-Laws and
to the Rules and Regulations issued by the Association to
govern the conduct of its Members.
ARTICLE V. USE OF FACILITIES
The Common Properties shall be limited to the
use of the Members and their guests. In the event that
a Member shall lease or permit another to occupy his lot,
however, the lessee or occupant shall at the option of
the Member, be permitted to enjoy the use of the Common
Properties in lieu of and subject to the same restrictions
and limitations as said Member. Any Member, lessee or
occupant entitled to the use of the Association facilities
may extend such privileges to members of his family re-
siding in his household by notifying the Secretary in
writing of the names of any such persons and of the rela-
tionship of such Member, lessee or occupant to such persons.
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ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. The Association shall
have two (2) Classes of Membership interests as follows:
Class A. Class A Members shall be the Owners
of a lot or lots. Such Members shall be entitled to voting
rights on the basis of one (1) vote per lot owned regardless
of the number of persons owning the lot.
Class B. The sole Class B Member shall be the
Sponsor who shall have one (1) vote for each lot owned
by the Sponsor herein within the Subdivision. The Class B
Member after two (2) years following the closing of title
to the sale of the first lot within the Subdivision shall
not elect a majority to the Board of Directors, i.e., if
the number of Directors are 3 or 4, the Class B Member
shall not be permitted to elect more than 1 Director;
if the number of Directors are 5 or 6, the Class B Member
shall not be permitted to elect more than 2 Directors.
Section 2. Suspension of Membership. The rights
of Membership are subject to the payment of periodic assess-
ments levied by the Board of Directors, the obligation of
which assessments is imposed against each Member and becomes
a lien upon the property of any Owner against which such
assessments are made as provided for by the Declaration.
During any period in which a Member shall be in default
in the payment of any assessment levied by the Association,
the voting rights, if any, of such Member and the Member's
right to the use of the Common Properties may be suspended
by the Board of Directors until such assessment has been
paid. Such rights of a Class A Member may also be suspended,
after notice and a hearing, for a period not to exceed thirty
(30) days, for violation of any rules and regulations estab-
lished by the Board of Directors governing the use of the
Common Areas.
ARTICLE VII. QUORUM, PROXIES AND WAIVERS
Section 1. Quorum. So many Members as shall
represent at least fifty-one (51%) percent of the total
authorized votes of all Members present in person or rep-
resented by written proxy shall be requisite to and shall
constitute a quorum at all meetings of the Association for
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the transaction of business, except as otherwise provided
by Statute, by the Declaration, the Certificate of Incor-
poration of the Association or by these By-Laws. If, how-
ever, such quorum,shall not be present or represented at
any Meeting of the Association, the Members entitled to
vote thereat, present in person or represented by written
proxy, shall have the power to adjourn the meeting from
time to time, without notice other than announcement at
the meeting, until a quorum shall be present or represented.
At such adjourned meeting at which a quorum shall be present
or represented, any business may be transacted which might
have been transacted at the meeting originally called.
Section 2. Vote Required to Transact ~usiness.
- When a quorum is present at any meeting, the vote
of a majority of the votes entitled to be cast by Members
present in person or represented by written proxy shall de-
cide any question brought before such meeting and such vote
shall be binding upon all Members, unless the question is
one upon which, by express provision of law, Declaration,
Certificate of Incorporation or of these By-Laws, a different
vote is required.
Section 3. Right to Vote. Members shall be en-
titled to vote either in person or by proxy at any meeting
of the Association. Any such proxy shall only be valid for
such meeting or subsequent adjourned meetings thereof.
Section 4.
writing and shall be
meeting at which the
Proxies. All proxies shall be in
filed wlth the Secretary prior to the
same are to be used.
Section 5. Waiver and Consent. Wherever the
vote of the Membership at a meeting is required or permitted
by statute or by any provision of the Declaration, Certificate
of Incorporation or of these By-Laws to be taken in connection
with any action of the Association, the meeting and vote of
the membership may be dispensed with if all Members who would
have been entitled to vote upon the action if such meeting
were held, shall consent in writing to such action being taken.
Section 6. Place of Meeting. Meetings shall be
held at such place as may be designated by the Board of Direc-
tors and designated in the notices of such meetings.
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Section 7. Annual Meetings. The annual meeting
of the membersh~p of the Association shall be held on such
date as is fixed by the Board of Directors. At such meet-
ings there shall be elected by ballot of the membership a
Board of Directors in accordance with the requirements of
these By-Laws. The Members may also transact such other
business as may properly come before the meeting.
Section 8. Special Meetin9s. It shall be the
duty of the President to call a spec~al meeting of the
Association, if so directed by the Board of Directors, or
upon the presentation to the Secretary of a petition signed
by a majority of the Members.
Section 9. Notice of Meetings. It shall be
the duty of the Secretary to mail a notice of each annual
or special meeting, stating the purpose thereof as well as
the time and place where it is to be held, to each Member
at least ten (10) but not more than fifty (50) days prior
to such meeting.
> Section 10. Order of Business. The order of
business at all meetings shall be as follows:
(a) Roll Call.
(b) Proof of notice of meeting or waiver of notice.
(c) Reading of minutes of preceding meeting.
(d) Report of officers.
(e) Report of committees.
(f) Appointment of inspectors of election (in the
event there is an election) .
(g) Election of Directors (in the event there is
an election).
(h) Unfinished business.
(i) New business.
ARTICLE VIII. BOARD OF DIRECTORS
Section 1. Number and Term. The number of
Directors which shall constitute the whole Board shall be
fixed from time to time by vote of the members but shall
not be less than three (3). An initial Board consisting
of three (3) Directors shall be designated by the Sponsor
to serve until the first annual meeting of the Association.
At the first annual meeting and at all subsequent annual
meetings the Members shall vote for and elect Directors
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to serve for one (1) year terms and until their successors
have been duly elected and qualified. All Directors other
than those the Sponsor shall have nominated must be Members
of the Association. Each Director shall be at least nine-
teen (19) years of age.
Section 2. Voting. In any election of Directors,
each Member shall be entitled to one vote for each lot
owned by said Member. However, after two (2) years from
the date of closing of title to the first lot within the Sub-
division, Class B Members shall not be entitled to elect
more than a majority to the Board of Directors as set forth
in Article VI Section 1 hereof.
Section 3. Vacancy and Replacement. If the
office of any Director becomes vacant by reason of death,
resignation, retirement, disqualification, removal from
office or otherwise, a majority of the remaining Directors
though less than a quorum, at a special meeting of Directors
duly called for this purpose, shall choose a successor,
who shall hold office for the unexpired term in respect
of which such vacancy occurred and until his successor is
duly elected and qualified.
Section 4. Removal. Directors may be removed
for cause by an affirmative vote of a majority of the Members.
No Directors, other than a designee of the Sponsor, shall
continue to serve on the Board if, during his term of office,
he shall cease to be a Member.
Section 5. Powers.
(a) The property and business of the Association
shall be managed by its Board of Directors, which may exer-
cise all such powers of the Association and do all such
lawful acts and things as are not by Statute, Declaration,
Certificate of Incorporation or by these By-Laws, directed
or required to be exercised or done by the Members person-
ly. However, no extraordinary expenditures or expenditures
for capital improvements shall be made without the approval
of the Members. Directors powers shall specifically include,
but not be limited to the following:
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1. To determine and levy annual assessments
("Association assessments") to cover the cost of
operating and maintaining the Common Properties
payable ,in advance. The Board of Directors may
increase the monthly assessments or vote a special
assessment in excess of that amount, if required,
to meet any additional ordinary and necessary
expenses.
2. To collect, use and expend the assess-
ments collected to maintain, care for and pre-
serve the Common Properties.
3. To open bank accounts on behalf of
the Association and to designate the signa-
tories to such bank accounts.
4. To insure and keep insured the Common
Properties in accordance with Article XII of
these By-Laws.
5. To collect delinquent assessments
by suit or otherwise, to abate nuisances and
to enjoin or seek damages from Members for
violations of the rules and regulations herein
referred to.
6. To make reasonable rules and regulations
and to amend the same from time to time. Such
rules and regulations and amendments thereto
shall be binding upon the Members. Such rules
and regulations may, without limiting the fore-
going, include reasonable 1imiations on the use
of the Common Properties by quests of the Members.
7. To employ workmen, gardeners and a
bookkeeper, and to purchase supplies and equip-
ment, to enter into contracts, to provide main-
tenance and other service to said property and
generally to have the powers of Directors in
connection with the matters hereinabove set
forth.
8. To bring and defend actions by or
against more than one (1) Member and pertinent
to the operation of the Association.
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9. To acquire and maintain adequate
fire, public liability and such other in-
surance as it deems necessary for the protec-
tion of its property and Members.
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(b) The Board of Directors may, by Resolution
or Resolutions, passed by a majority of the whole Board,
designate one or more committees, each of such committees
to consist of at least three (3) Directors or Members, one
of whom shall be a Director, which, to the extent provided
in said Resolution or Resolutions, shall have and may exer-
cise the powers of the Board of Directors in the manage-
ment of the business and affairs of the Association and
may have power to sign all papers which may be required,
provided the said Resolution or Resolutions shall speci-
fically so provide. Such committee or committees shall
have such name or names as may be determined from time to
time by Resolution adopted by the Board of Directors. Com-
mittees established by Resolution of the Board of Directors
shall keep regular minutes of their proceedings and shall
report the same to the Board as required.
Section 6. Compensation. Directors and
officers, as such, shall receive no compensation for their
services.
Section 7. Meetings.
(a) The first meeting of each Board newly
elected by the Members shall be held immediately upon
adjournment of the meeting at which they were elected,
provided a quorum shall then be present, or as soon there-
after as may be practicable. The annual meeting of the
Board of Directors shall be held at the same place as the
annual meeting of Association Members and immediately after
the adjournment of same, at which time the dates, places
and times of regularly scheduled meetings of the Board
shall be set.
(b) Regularly scheduled meetings of the Board
may be held without special ~otice.
(c) Special meetings of the Board may be called
by the President on two (2) days' notice to each Director
either personally or by mail or telegram. Special meetings
shall be called by the President or Secretary in a like
manner and on like notice on the written request of at least
two (2) Directors.
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(d) At all meetings of the Board, a majority
of the Directors shall be necessary and sufficient to
constitute a quorum for the transaction of business, and
an act of a two-thirds majority of the Directors present
at any meeting at-which there is a quorum shall be the act
of the Board of Directors, except as may be otherwise
specifically provided by statute or by the Declaration or
by these By-Laws. If a quorum shall not be present at any
meeting of Directors, the Directors present thereat may
adjourn the meeting from time to time, without notice
other than announcement at the meeting until a quorum
shall be present.
(e) At or prior to any meeting of the Board
of Directors, any Director may, in writing, waive notice
of such meeting and such waiver shall be deemed equivalent
to the giving of such notice. Attendance by a Director
at any meeting of the Board shall be a waiver of notice
by him of the time and place thereof. If all the Directors
are present at any meeting of the Board, no notice shall be
required and any business may be transacted at such meet-
ing.
Section 8. Annual Statement. The Board of
Directors shall furnish to all Members and shall present
annually (at the annual meeting) and when called for by
a vote of the Members at any special meeting of the Members,
a full and clear statement of the business conditions and
affairs of the Association, including a balance sheet and
profit and loss statement verified by an independent public
accountant and a statement regarding any taxable income
attributable to the Members.
Section 9. Fidelity Bonds. The Board of Directors
may require that all officers and employees of the Associ-
ation handling or responsible for Association funds shall
furnish adequate fidelity bonds. The premiums on such bonds
shall be an expense of the Association.
ARTICLE IX. OFFICERS
Section 1. Elective Officers. The Officers of
the Associatlon shall oe-chosen by the Board of Directors
and shall be a President, a Vice President, a Secretary and
a Treasurer. The Board of Directors may also choose one or
more Assistant Secretaries and Assistant Treasurers and such
other officers as in their judgment may be necessary. All
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officers must be either members of
or members of the Association. No
than one office at anyone time.
the Board of Directors
person shall hold more
Sectionc2. Election. The Board of Directors,
at its first meeting after each annual meeting of Associa-
tion Members, shall elect a President, a Vice President,
a Secretary and a Treasurer. Only the President must be
a member of the Board.
Section 3. Appointive Offices. The Board may
appoint such other officers and agents as it shall deem
necessary who shall hold their offices for such terms and
shall exercise such powers and perform such duties as shall
be determined from time to time by the Board.
Section 4. Term. The officers shall hold office
for the term to which they are elected and appointed and
until their successors are chosen and qualify in their stead.
Any officer elected or appointed by the Board of Directors
may be removed with or without cause, at any time, by the
affirmative vote of a majority of the whole Board of Direc-
tors. If the office of any officer becomes vacant for any
reason, the vacancy shall be filled by the Board of Directors.
Section 5. The President. The President shall
be the chief executive officer of the Association; he shall
preside at all meetings of the Association Members and the
Board of Directors, shall be an ex-officio member of all
standing committees, shall have general and active manage-
ment of the business of the Association, shall see that all
orders and Resolutions of the Board are carried into effect
and shall have such other powers and duties as are usually
vested in the Office of President of a corporation organized
under the Not-for-Profit Corporation Law of the State of New
York. .
Section 6. The Vice President. The Vice President
shall take the place of the President and perform his duties
whenever the President shall be absent or unable to act and
shall have such other powers and duties as are usually vested
in the office of Vice President of a corporation organized
under the Not-for-Profit Corporation Law of the State of
New York.
Section 7. The Secretary. The Secretary and/or
Assistant Secretary shall attend all sessions of the Board
and all meetings of Association Members and record all votes
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and the minutes of all proceedings in a book to be kept
for that purpose and shall perform like duties for the
standing committees when required. He shall give, or
cause to be given,' notice of all meetings of Association
Members and special meetings of the Board of Directors,
and shall perform such other duties as may be prescribed
by the Board of Directors or by the President, under whose
supervision he shall be.
Section 8. The Treasurer. The Treasurer shall
have the custody of the Association funds and securities
and shall keep full and accurate accounts of receipts and
disbursements in books belonging to the Association in-
cluding the vouchers for such disbursements, and shall
deposit all monies, and other valuable effects in the name
and to the credit of the Association in such depositories
as may be designated by the Board of Directors.
He shall disburse the funds of
the Association as he may be ordered by the Board, making
proper vouchers for such disbursements and shall render
to the President and Directors, at the regular meeting of
the Board, or whenever they may require it, an account of
all his transactions as Treasurer and of the financial
condition of the Association.
He shall keep detailed financial
records and books of account of the Association, including
a separate account for each Member, which, among other
things, shall contain the amount of each assessment, the
date when due, the amount paid thereon and the balance re-
maining unpaid.
Section 9. Agreements, etc. All Agreements
and other instruments shall be executed by the President
or such other person as may be designated by the Board of
Directors.
Section 10. Checks. All checks or demands for
money and notes of the Association shall be signed by the
President and Treasurer, or by such other officer or officers
or such other person or persons as the Board of Directors
may from time to time designate.
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ARTICLE X. NOTICES.
Section 1. Definition. Whenever under the pro-
visions of the Declaration or of these By-Laws, notice is
required to be given to the Board of Directors or to any
Director or Association Member, it shall not be construed
to mean personal notice; but such notice may be given in
writing, by mail, by depositing the same in a post office
or letter box in a postpaid sealed wrapper, addressed to
the Board of Directors, such Director or Member at such
address as appears on the books of the Association.
Section 2. Service of Notice - Waiver. When-
ever any notice is required to be given under the provisions
of the Declaration, or of these By-Laws, a waiver thereof,
in writing, signed by the person or persons entitled to such
notice, whether before or after the time stated therein, shall
be deemed the equivalent thereof.
ARTICLE XI. ASSESSMENTS AND FINANCES
Section 1. The Board of Directors shall have
the right to proceed in accordance with the law for col-
lection of any unpaid dues and assessments and for the
foreclosure and enforcement of liens in the association's
favor. The association shall have a lien on the lot of
any member for unpaid dues and assessments, all as more
particularly described in the Declaration of Covenants,
dated June 11, 1975, affecting the lots.
ARTICLE XII. SELLING, LEASING AND GIFTS OF LOTS
Section 1. Selling and Leasing Lots. Any
lot, and the improvements thereon, may be conveyed or
leased by a Member, except that no Member shall convey,
mortgage, pledge, hypothecate, sell or lease his lot
unless and until all unpaid Association expenses as-
sessed against the lot shall have been paid as directed
by the Board of Directors. Such unpaid-Association ex-
penses, however, may be paid out of the proceeds from the
sale of a lot, or by the Grantee. Any sale or lease of
a lot in violation of this section shall be voidable at
the election of the Board of Directors. Upon the written
request of a Member or his Mortgagee, the Board or its
designee shall furnish a written statement of the unpaid
charges due from such Member which shall be conclusive
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evidence of the payment of amounts assessed prior to the
date of the statement, but unlisted thereon. A reasonable
charge may be made by the Board for the issuance of such
statements.
The provisions of this section shall not
apply to the acquisition or sale of a lot by a Mortgagee
who shall acquire title to such lot by foreclosure or by
deed in lieu of foreclosure. Such provisions shall, how-
ever, apply to any purchaser from such mortgagee.
Section 2. Gifts, etc. Any Member may convey
or transfer his lot by gift during his lifetime or devise
his lot by will or pass the same by intestacy without re-
striction.
ARTICLE XIII. GENERAL PROVISIONS
Section 1.
the Associat~on shall
of Directors.
Fiscal year. The fiscal year of
be f~xed by Resolution of the Board
Section 2. Seal. The Association seal shall
have inscribed thereon the name of the Association and the
year of its incorporation under the laws of the State of
New York. The seal may be used by causing it or a facsimile
thereof to be impressed or affixed or in any manner reproduced.
Section 3. Examination of Books and Records. Each
Member, or the~r respective representatives, shall be en-
titled to a reasonable examination of the books and records
of the Association at any time upon reasonable notice to its
Board of Directors. The Declaration, Certificate of Incor-
poration and the By-Laws of the Association shall be avail-
able for inspection by any Member at the principal office
of the Association.
Section 4. Construction. Whenever the masculine
singular form of the pronoun is used in these By-Laws, it
shall be construed to mean the masculine, feminine or neuter,
singular or plural; whenever the context so requires.
In the case of any conflict between
the Certificate of Incorporation and these By-Laws, the Cer-
tificate shall control; and in the case of any conflict be-
tween the Declaration and these By-Laws, the Declaration
shall control.
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Section 5. Severability. Should any of the
covenants, terms or provisions herein imposed be void or
be or become unenforceable at law or in equity, the remain-
ing provisions of 'these By-Laws shall, nevertheless, be
and remain in full force and effect.
ARTICLE XIV. AMENDMENTS
These By-Laws may be altered, amended, or added
to at any meeting of the Association's Members. Amend-
ments to the By-Laws are subject, however, to the approval
of the Town Attorney and Town Board of the Town of Southold.
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WlillRE!\S. I)"bble Beaeh Healty, Inc. is the owner of certain real property
situate on the north side of Route 25 at East lVIarion in the Town of Southold being
more fully described in a certain deed dated October 31, 1972 and recorded in the
Suffolk County Clerk's Office on November 10, 1972 in Libel' 7279 of deeds at page
489, and
WHEREAS, Pebble Beach Realty, Inc. has heretofore filed a subdivision
map with respect to said real property in the Suffolk County Clerk's Office on
September 11, 1975, being Map No. 6266, and
WHEREAS, the Southold Town Planning Board heretofore approved the
development of said real property as a cluster development pursuant to the provisions
of Chapter 100, Article XIII, Section 100-136 of the Southold Town Code, and
WHEREAS, said provisions of the Southold Town Code require that a
cluster development be organized as a homes association or any other arrangements
approved by the Town Attorney and the Town Board, and
WHEREAS, Pebble Beach Realty, Inc. has submitted to the Town Attorney
a copy of a Certificate of Incorporation of Pebble Beach Farms Lots Owners
Association, Inc., a not for profit corporation, which said certificate was filed in
the Office of the Secretary of State on November 25, 1975 and also submitted to the
Town Attorney a copy of the proposed By-Laws of said not for profit corporation, and
WHEREAS, the Town Attorney has reviewed said Certificate of Incorporation
and By-Laws with this Board,
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby
approve the aforesaid Certificate of Incorporation of Pebble Beach Farms Lot
Owners Association, Inc. and the By-Laws of said corporation and directs that the
same be filed with the Town Clerk.
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WHEREAS, the Planning Board of the Town of Southold has requested
that it be authorized to modify the applicable zoning regulations of the Code of
the Town of Southold pursuant to the provisions of Section 281 of the Town Law
with respect to the premises owned by Pebble Beach Realty, Inc. and located
at East Marion in the Town of Southold and shown on a proposed subdivision
map entitled "Pebble Beach Farms" and more particularly bounded and
described hereafter,
NOW, THEREFORE, IT IS RESOLVED, that this Board does
hereby authorize the Planning Board of the Town of Southold simultaneously
with the approval of the above named subdivision map entitled "Pebble Beach
Farms" to modify the applicable provisions of Chapter 1 00 of the Southold
Town Code subject, however, to the following conditions:
1. That said modification shall be subject to and in full compliance
with the provisions of Section 281 of the Town Law.
2. That such modification shall comply in all respects with the
provisions of Section 100-136 of Chapter 100 of the Code of the Town of
Southold.
3. That the land effected by such modification is described as
follows:
All that certain plot, piece or parcel of land situate
lying and being at East Marion, in the Town of Southold,
County of Suffolk and State of New York bounded and des-
cribed as follows:
BEGINNING at a monument set at the intersection of
the northerly line of Main Road with the westerly line of
land of Andre K. Birten and others, which monument is
the following courses and distances from the point of
intersection of the northerly line of Main Road with the
westerly line of Rocky Point Road: (1) South 52 degrees
55 minutes 20 seconds West 206.08 feet; (2) South 56
degrees 13 minutes 40 seconds West 745.33 feet, and
running thence from said point of beginning westerly
along the northerly line of Main Road the following
courses and distances: (1) South 56 degrees 13 minutes
40 seconds West 255.00 feet; (2) South 58 degrees
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06 minutes 10 seconds West 339.00 feet; (3) on a curve
to the right having a radius of 812.00 feet, a distance of
120.26 feet to a monument and land of the Estate of
Rutkowski; thence northerly along said land of the Estate
of Rutkowski the following courses and distances: (1)
North 16 degrees 24 minutes 30 seconds West 270.68
feet; (2) North 16 degrees 39 minutes 30 seconds West
447.07 feet; (3) North 16 degrees 22 minutes 20
seconds West 127.47 feet; (4) North 15 degrees 27
minutes 00 seconds West 102.95 feet to a monument and
land of the Village of Greenport; thence northerly and
westerly along the land of the Village of Greenport the
following courses and distances: (1) North 15 degrees
26 minutes 40 seconds West 310.78 feet to a monument;
(2) North 16 degrees 13 minutes 10 seconds West 260.73
feet; (3) North 16 degrees 26 minutes 30 seconds West
295.93 feet to a monument; (4) North 16 degrees 28
minutes 50 seconds West 266.16 feet to a monument;
(5) North 16 degrees 22 minutes 20 seconds West 166.90
feet to a monument; (6) South 69 degrees 48 minutes
40 seconds West 542.30 feet to a monument and land of
F. F. King; thence northerly, westerly and again
northerly along the land of F. F. King the following
courses and distances: (1) North 21 degrees 39 minutes
20 seconds West 692.75 feet to a monument; (2) South
66 degrees 36 minutes 15 seconds West 604.55 feet to
a monument; (3) North 23 degrees 23 minutes 25 seconds
West 1,366.97 feet to the ordinary high water mark of
Long Island South; thence easterly along said ordinary
high water mark of Long Island South the following tie line
courses and distances: (1) North 38 degrees 10 minutes
40 seconds East 402.34 feet; (2) North 52 degrees 02
minut es 40 seconds East 317.06 feet; (3) North 59 degrees
36 minutes 00 seconds East 434.78 feet; (4) North 38
degrees 09 minutes 30 seconds East 623.16 feet; (5)
North 32 degrees 44 minutes 10 seconds East 499.30
feet; (6) North 26 degrees 50 minutes 21 seconds East
697. 59 feet; thence southerly, westerly and again southerly
along the land of Andre K. Birten and others, the following
courses and distances: (1) South 15 degrees 18 minutes
10 seconds East 300.00 feet to a monument; (2) South 13
degrees 54 minutes 10 seconds East 816.76 feet; (3)
South 13 degrees 31 minutes 30 seconds East 436.67 feet;
(4) South 13 degrees 26 minutes 40 seconds East 557.97
feet; (5) South 12 degrees 41 minutes 40 seconds East
314.36 feet; (6) South 13 degrees 40 minutes 10 seconds
East 446.72 feet; (7) South 11 degrees 47 minutes 00
seconds East 126.63 feet; (8) South 13 degrees 00 minutes
20 seconds East 132.76 feet; (9) South 13 degrees 01
minutes 50 seconds East 505.25 feet; (10) South 13 degrees
56 minutes 20 seconds East 200.00 feet; (11) South 15
degrees 39 minutes 30 seconds East 200.09 feet; (12)
South 13 degrees 36 minutes 40 seconds East 262.01 feet;
(13) South 13 degrees 56 minutes 20 seconds East 285.00
feet; (14) South 12 degrees 37 minutes 40 seconds East
153.04 feet; (15) South 15 degrees 10 minutes 00 seconds
-2-
.
.
. .
East 213.04 feet; (16) South 16 degrees 14 minutes
00 seconds East 90.07 feet; (17) South 16 degrees
35 minutes 20 seconds East 239.60 feet to a monument;
(18) South 72 degrees 25 minutes 10 seconds West
144. 42 feet to a monument; (19) South 19 degrees 47
minutes 10 seconds East 370.39 feet to the point or
place of beginning. Containing 164.04 acres, more or
less.
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