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HomeMy WebLinkAboutPebble Beach Realty Inc . , . . 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. "'-. (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. . . (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. -2- . . . 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 -3- . . 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. -4- . . 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 -5- . . 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: -6- . . 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. -7- . . 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. , (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. -8- . . (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 -9- . . 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 -10- . . 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. -11- . . 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 -12- . . 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. -13- . . 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. -14- ,-.- ....==, 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. . . . . 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 . . 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. -3-