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HomeMy WebLinkAboutL 8263 P 454 Svndasd N.Y.B.T U Form 8007.12-73-20M-15.pi.and Sale Dmd with C....,against Ga..*,A.s IadividtW u Colpotuion. CONSULT YOUR LAWYER BEFORE SIGNING THIS iNSTWOMENT PHIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 01 '13EMM PACE 454 1000 THIS INDENTURE, made the 1st day of July nineteen hundred and seventy—seven )1st. a BETWEEN JOHN E. RATH, residing at 120 Cambridge Avenue, Garden 70 City, New York 11530, as tenant in entirety, `sec. CMOCK LOT =3 L1 sT � `C ( O alk. ¢ a Q s l2 ;7 Ea s0 Jot party of the first part, and WILLIAM F. LA MORTE, residing at 15 Hillcrest di Drive, Pelham Manor, New York 10803, 35' �F�r _-- REAM 37635' BZ 0 'A77 ZRANSFER t AX ,party of the second part, { WITNESSETK that the party of the first part, in consideration-e&�..- Ten----------------------------------------------------------dollars 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Pine Neck Road with the easterly side of North Bayview Road; RUNNING THENCE North 86 degrees 06 minutes 50 seconds East, along the southerly side of Pine Neck Road, 442.87 feet to a point; THENCE South 1 degree 11 minutes 10 seconds East, 8. 26 feet; THENCE North 86 degrees 06 minutes 50 seconds .East, still along the southerly side of Pine Neck Road, 281.98 feet to a wood bulkhead along Jockey Creek; THENCE South 16 degrees 27 minutes 50 seconds West, along said wood bulkhead, 5. 45 feet; \ y THENCE South 73 degrees 06 minutes East, 312.08 feet to the average high water mark of Southold Bay; N THENCE in a general southerly direction along the average high water mark of Southold Bay, the following thirteen courses and distances: (1) South 6 degrees 16 minutes 50 seconds West, 283. 15 feet; (2) South 30 degrees 28 minutes 15 seconds West, 244.33 feet; (3) South 42 degrees 58 minutes 05 seconds West, 75.35 feet; (4) South 73 degrees 16 minutes 35 seconds West,, 57.35 feet; (5) South 17 degrees 10 minutes 30 seconds" West, 101.95 feet; (6) South 4 degrees 06 minutes 55 seconds East, 150.03 feet; (7) South 16 degrees 44 minutes 40 seconds East, 169. 18 feet; (8) South 22 degrees 26 minutes 55 seconds East, 141.92 feet; (9) South 4 degrees 58 minutes 50 seconds West, 155. 12 feet; (10) South 20 degrees 33 minutes 25 seconds West, 125.66 feet; (11) South 9 degrees 18 minutes 40 seconds West, 129. 23 feet; (12) South37 degrees 43 minutes lb seconds East, 75. 28 feet; (13) South 7 degrees 30 minutes 50 seconds East, 31.77 feet to a point on the northerly side of North Bayview Road; RECORDED JUL 8 1977 LESTER M.ALBERTSON CClerk of Suffolk County LIB R,8263 PAGE 45rj y THENCE in a general westerly direction the following four (4) courses and distances: (1) North 79 degrees 35 minutes 20 seconds West, 155.91 feet; (2) South 70 degrees 24 minutes 40 seconds West, 24. 00 feet; (3) North 79 degrees 35 minutes 20 seconds West, 140. 00 feet; (4) 'North 67 degrees 20 minutes 10 seconds West, 340. 00 feet ;to the extreme southeasterly end of the arc of the curve connecting the northerly side of North Bayview Road with the easterly side of North Bayview Road; THENCE Northerly, along the arc of a curve bearing to the right having a radius of 83. 69 feet, a distance along said curve of 90. 14 feet to a ;point on the easterly side of North Bayview Road THENCE in a general northerly direction along the easterly side of North Bayview Road, ,the following three courses and distances: (1) North 5 degrees 37 minutes 20 seconds West, 383. 27 feet; (2) North' 5 degrees 37 'minutes 40 seconds West, 329. 13 feet; (3) North 5 degrees 26 minutes 40 seconds West, 698. 47 feet to the point or place of -beginning. Said premises also known as " of ra i e b the Ba " and fl-led-in the Suffolk County Clerk's Office on hl 4 76 as Ma 646 PROVIDED, HOWEVER, no conveyance, transfer and assignment or covenants and representations are made with respect to so much of the foregoing described property as follows, and the party of the first part hereby QUITCLAIMS any right, title and interest, he may have to the same, if any: (1) as lies east of the line drawn as follows: BEGINNING at a point on the southerly side of Rine Beck Road at the .average high water line of the Creek, which point is located the following 3 courses and distances from a stone monument set at the corner formed by the intersection of the easterly side of the Public Road and the southerly side of Pine Neck Road: (a) North 86 degrees 34 minutes East along the southerly side of Pine Neck Road 442.87 feet to a monument (b) South 0 degrees 44 minutes East, 8.26 feet to a monument; (c,) North 86 degrees 34 minutes East along ;the southerly side of Pine Neck Road, 280 feet; and RUNNING THENCE from said point of beginning along the average high water ,line of the Creek the fol- lowing 3 tie line courses and distances: (al South 20 degrees 14 minutes 50 seconds East, 69.64-feet; (b) South 15 degrees 48 minutes 10 seconds west, 275. 41 feet; CO South 2 degrees 43 minutes 30 seconds East, 210.24 feet; RUNNING THENCE southerly in a straight line to the southerly terminus of the course on the survey of Otto W. Van Tuyl, dated 8/11/32 reading "South 40 degrees 06 minutes West, 248.39 feet". (2)- lying below the present or any former high water line of Goose Creek, ,jockey Creek, Southold Bay and Peconic Bay or any arm or tributary thereof, or so Much of the same as is beach. (3) as lies south of the northerly and northeasterly side of North Bayview Road (siutated generally on the south boundary of the premises). (4) lying within the lines of any state road or highway passing along or by the premises, including Pine Neck Road and North Bayview Road. It being intended that the premises conveyed herein shall be the same premises (except as stated herein) as conveyed to the party of `the first part herein by two Deeds, by: See Rider attached RECORDED JUL a I977 !ESTER M. ALBERTSON_1 CClerk of Suffolk County g LzER8263 Pw' 45 RIDER TO BARGAIN AND SALE DEED DATED THE 1ST DAY OF JULY, 1977 BETWEEN JOHN E. 'RATS AND WILLIAM F. LA MORTE (1) Lillian M. Healing:, individually and as executrix. of the Last Will and Testament of George ,J. Healing, deceased, and Ethel B. Healing, individually and as guardian of Kenneth E. Healing and Gene Joh Healing, minors, dated 7/16/57 and recorded 11/8/57 and (2) Kenneth E. Healing and Gene Joh Healing, infants ,by Ethel B. Healing dated 11/1/57 and recorded 11/8/57. This Deed is made subject to: (1) the right of the United States government or any other: appropriateauthority to establish harbor, bulkhead or ;pierhead lanes or to change or alter any such existing lanes and to remove or compel removal of any fill and improvements thereon (including build- ings, docks, uildings, ldocks, bulkheadings, bridges or other structures) from land now or formerly lying below the high water mark of Goose Creek, Jockey Creek, Southold Bay and Peconic Bay ', ar any armor tributary thereof, or so much of the same as is beach. (2) the rights of the United States government, the State of New York, the Town of Southold and any other appro- priate authority or any of their departments or agencies, to regulate and control the use of the piers, docks, bulkheads, bridges, land under water and adjacent thereto. (3) the easement for a well and water service contained in the Deed of January 7, 1977 by John E. Rath to Peter A. Bogovic and Lucy B. Bogovic, his wife, recorded in Liber 8176 page 317 in the " office of the Clerk of Suffolk County on '1/18/77. The Grantor herein is the same person as the Grantee' in the Deed dated 7/16/57 recorded 11/8/57 in Liber 4389 cp' 260 and Deed dated 11/1/57, recorded 11/7/57, in Liber 4389 c 265. RECORDED JUL 1977 LESTER M. ALBERTSON 1 Clerk of Suffolk County 4 LIBER 8263 FADE 45 ASSIGNMENT OF DECLARATION t KNOW ALL MEN BY THESE PRESENTS, that John. E. Rath, residing at 120 Cambridge Avenue, Garden City, New York 11530, hereinafter described as. the Assignor, for and in consideration of the sum of Ten Dollars ($10:00) , lawful money of the United States, to `him in hand paid by William F La Morte, residing at 15 Hill- crest Drives, Pelham Manor, New York' 10803, '"herein de- scribed as the Assignee, the receipt of which is here- by acknowledged, has sold, assigned, transferred, and - - set over and by these presents does sell, assign, trans- fer, and ransfer, , and set over unto said Assignee any and all of the rights and powers of the Assignor arising out of that certain Declarat-ionfiled in the Office of the Clerk of the County of Suffolk on the 4th day of November, 1976 in Liber 8135, cp 246; The said Declaration is assigned pursuant to Section 34 of an Agreement dated the 10th day of June, 1977 between said Assignor and said Assignee re- garding the; conveyance of certain property,in the Town of Southold, County of Suffolk" and State of New York, more particularly described therein and pursuant to Section 8 of Article II of said Declaration. IN WITNESS WHEREOF,' this Agreement has been duly executed by the parties hereto: In the presence of: STATE OF NEW YORK ss. - . COUNTY OF NASSAU ) On this I S� day of 1977,1977, before me per- sonally came JOHN E. RATH, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. t,10TARY PUBLIC.. S cf, . , ,w Y,,k --. 5 No. 30.453viau - 4 Qua:[tr °+ kecsxn RECORDED JUL a 1977 LESTERR M. ALBERTSON Clerk of Suffolk County