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HomeMy WebLinkAbout1000-30.-2-1 i " , , I I ..._- ...\jH : '. ~\',~;: > . ,~':"" ;~;j.~E,i;;.iil:ii~~~.,,~,.. ~~~~'1'~, "~" ,,; I AMENDMENT OF DECtARATIOa This document amends the Declaration made by l'ebbl ncac.h !-(Cd II, y. .. rnc.. dated ~ay 14, 1975 and recorded in thp. .. 1975 in Liber~785S .~ t! ,<, Suffolk ('ount,:, Clerk's {)ffice on .June 11, c.t page....' .. 620 Hemost...arl Turn'l1ke. EllllQnt..tl.,V. paragraPh 1 of Art1.CJ.e '~ .' II is hereby amended 1n two r- .. respcc.~s : :-'. JI ,r.... The second sentence of the said paragraph 1 provides tbat each dwelling shall have a full basement made (:,! concret(~ hlock or po'Jred cement walls. This requirem"?nt is hercb,/ .jp le~_f'd. 1\. .;'r.e third sentence of the said Paragraph 1 provides that each dwelling shall have an attached garage wit: an asphalt or blu~stone drivpway extending therefrom to the street pilvcmer,t line. Tllc requirement that the garage .hall be att.:l.ch'_'d to t.hu t1.....elli..o'v.,J is hereby retrloved. i.e.. the wort "attaC'lH:d" ii' ;:('r.~b'.' delct('d from that sentence. IN WITNESS WHEREOF. t'he declarant hereunto sets his hand and seal this 8th day of Septemb.:lr. 197'). ,.....',. :,'j...J ..: PEBBLE BEACH REALTY. roc.. J: 'J , , " .j(~ph -]. Dono,J:\;:--:--"">-r~.;;:ler.l: STA-:': (,; 'IT ('1.t-n7Y :iifFF(;I.J:: ss ',", ')~~ ;'1 l'l "'p~l'r~~;<.!l- '~:. before ft'.e P'1-.;0..",11\ C<lm" '-.-': i'" ',' '.'lv, , t.o ;1',1' k:'lMr; '...;,0. bt-ir.q b'.' :T.: lul~' s',oIQrn. 11\: Jf i-'( ..J SI',' tI..I' [;,. r." Llt.s at 7L lIom('~ ~;tr('..!t. ~.l:l\'el' :.-:'w' ','or,,- 11 ': l:hlt 11.' 1~, to' ,. I'r<>sider,t 01 p~b.lllc ut::'i1ch Rea;' .-. !r.\.'. ~~J' l,'crpL'r..~icl~ J('scrl:!t:"J 1n .J.nd ....h1Ch eXecutt~d the [0"0, .~oir;"t ;:.!itl"'..lm'-',.t; t!:,\', e knows :!:c seal of sallj corporatiotl' that Ult-. =i,'''tl .:,1f1XNJ ~_O Sol.~j Instrument, is 6a~-.: .....orporate !-(',.; that l.t We'S :~o affixf'd L'l' ordt:1' of the board ot director!'l of .';,11<1 ("orpordtion. ,Il,d L:;.),l he tli.pjed. l~i!i name thereto by li.ke ord~l... ~/'~I ''', !," ~ '0" ' ", . \". ~~ UJ" . ;;. " ~ --I ",' "', l',~,,;,) ! '. ..~~. - . ]I~~,,'.,:' ". , ,,<i . ",,, , )~ ./R .~i5 ,f;r'" , 4' \ ~"""""~" ",~;i,":'f ~ ;~'f,,~, ~ .".,f' , f' eLl)' o.::-f Oeceaber. 1975. ,_, ,," <':' PEC"~LE~~~"';~~n. I;;C~'~'~i'~~'": . ~ ,~'~ ~ 11', ... ,- ft j/o- ;. ...~~\1Jc-^j ;"~"l--: p ~n. t::.f~, ',jl' .~~~ /~~~~~Jl:1:} " .,.'..'" i ,.:".-..,.,.. ~ :~;' ~t:11 " .'...lo:>t. ~ V-. ':" _.....~..""f! 't' . . ll!l7969 1-.1274 ", .~::ti.\ ",-,' ". ARTICLB III. lectlOft 11 thereto the fOllowing. .Unl... specifically members of the Lot Owners AS8oxi.atiOll"nferrwd to above holding lot less than 90\ of the vo~ of tb8 -..be~hip. Any amend~pr.t must be properly rec~rded to ~ effective. The ^ssociation shall have the riqht to ..11 or diapo*e of its propeyties. ~pon dissclution Gf the Asaoeiatiaa, i~ ~&l and personal asaets. including the co..oa Propert1ea. ahall be dedicated to an appropriate public ageacr ac utility to be devoted to purposes a. nearly as pr~ieabl. the .... .. those to which ~her ....ere requl rcrl t~ be devoted by the Association. In the event such ~e~ication i. refused accept- ance. such assets shall be granted. oonver-d and ...1~ any non-profit corporation. associ.t1oa, traat or ~ orqaniz<ltio!":. to be de-vote-d ~_c .....llt'"pcse. a. near-ly a. the same as those t~ whlcn they ~~re required to be de~ee4 by the Association. No such disposition of the Aaaoclatiaa properties s~all t~ effEctive to divest or dtaini&h any riqb~ or title to a~y Mc~bcr vested 1n ~im under ants ~nd eas~ents of this Declaration, or UDder aay s~.- qucntli' recorded covenants and ~eed. applicable to the Pl'O- perti('~. ,-:"llcss ma~e in accordanre with the provisions of this !),'c~.:..r-::l~iGn or said Covl'n~:'1ts and Deeds. !~ WITNESS miEREOr, t~e declarant hereunto sets its h:lnd .).;1d ~:;cal tl:1S 30"''' -,- ,%,-, , ~. 7::....,~-." . . -0('1I v!t;, hJ)J ;:;~~~Il(:;,: r-rt~~..r;: ::'-'~:'< i -~"f'~ : ~f~-~~L .,'~-~~ Member after two (2) year. followlDt ~{~l"~~':~f"'~'~"'~ to the sale of the tir.~ lot With1D~-t~"ii~~t~~~i" ' not elect a 1'lajority ~o the Board of D~-:}i~':;':U' . .:(~__:~_ -" ._'~ v.~ the number of directore are three or 4, t.bIi et.... 's'" ~,~..; \0.,':-...,-.. .'......' Member shall not be permitted to elect moTe than 1 4i~'~ " :;:;.:::-~ ,'J7'"1, I':'~ r.. .J if the numb~r of dlrectors arc 5 or 6. shall not be perMitted to elect more th&D 2 ARTICLE III. Sectlon 12 (e) is - .d to read a9 follows: -7hat t~~ Association shall have the ri9ht to susoend the vctlng riqhts .,f do lot owner for hl. failure .!.,: to pay Whf";!1 tiue any am: ~d 1 C:~cl rge~ dn-d aasessr<entG due th.e Association; that a lot owner ~hall be pErsonalll li&ble to the Association for any and all such cha~ and ......-; ments; th~t all such unpal~ ch~r1~5 and a....~nt. aball be a 11~~ ~n the ~ot of ~~ch o~ner and t~at the Association shall have the riqht to collect the .... &ad to enfor~, the lien thereof uy dny me~l~.S .lut~.c.l.;:ed by law.- -~">, AR'I'ICL,[ 111. $t'ctlon 8 ia hereby .-ended to add ,,",,/ ::,;~t,1f' 'i'l"" ' ::l;':<J'!:t\:"i""'; .-:,~;; !~ , < 'i~" , :':..(:~: ".~i'~.~;:'~ thereto the following serte~ce5: "Ever'i f'\ember or t~1~ Association J"eferred to below ! shall havE.' the nght and edSe!"lent of enjoymer.t to the opal spaces a.nd all private streets sh~ on the subdivision map .nd :In)' and all areas .she.....n on said .ubdivision sap for future hi.ghway dedicat.ion.includinq .uch e..~C. eu.l- l~'ct t.o lerT"ls of th:_S !l0claration as ."'ay be nee<!~ f(.'r ct;,rc~se' const. t-uct lCl~,. SW' ~a.sem.ent sh" ~ 1 l'e ap",urtenar~ to ar.:: (j: 1 pass W1 t:. ':.~.. ':.: t ~e to t"h.e lot suinect only to this declafdtion 3r.d tc . ".'C' :.'.--:.1,,",5 and req\:!ations of ....14 Associati0n." . '1"'\"'" f~... ~i~::;:.L~' ,~ , '."" a,:v'IJi f- ' ... l(..', ~r, .. ,<4' '~~,.':~::~~{:> ? '. ,r~J,j AMENOMEIft or DECt.ARATI~ " ,~'l",,:qtb __ ~'/_":.. _.~:'<,':t pr.u". located at _tholcl_,,"'''A''' _l:f ,I,:'; ,', This doeUllent _nd. the decl.....&I..... "', "','k" Pebble ~each Realty, Inc..~~~~~~~ ~.::r:=~~~";f\; , ""~9~/I" corderl 1n the Suffolk County Clerk" Office OR_-JuDe U'o.....,liI4 ',1 / 1.;,W "~~ 1975 in Lib('r "7aS5 at page 09, as heretofON _nded bt ';;''': I ,: ;;l : ~ d,' 101M i,,~272 <E 00 - - . . ..... the k~end~ent of Declara~ion cat~d Septeaber '. 1915 a04 recorde~ in Suffolk county Cler~'s Office on Se?tcaber -,.-, 1975 l.n I.iller 7914.lt ~i1q~.' 40. ARTICLE III. Secti0n 9 is hereby ~ to read AS follcw~: -The declarant ccvenarts a~d aqreea that on or befor~ the 1st day of Ja~ua[y. 1~16. It will at its o....n cost and expense c"t \t.ll~h a ;:ot-for-pccfit corpor..st1.:::n to be '.;r,c...."!l :1::> ''''.::L.~'-> :l(.'.l:~ Faru Lee ()wrl.er5 Associat.l0n. Ir.c.. hcn'ln.a!tt>r t"t.'terrec to ..a t:he .Aasoclatirnt$- and will convey to 9u~h 49Soci~tlOn all of the c1qbt. ti~l. ilnt~ ir:'.:.t'rest of t~,e ~~C'~.u..,,:~~ :'I~ 3M tc said open s-pa.c~. h to r., in~luSlve. ~ith ~n: ~n~ .111 private streets ;town r , . ' <,;'~.'-,~,.,.~,', ;':,Jt: ,?--':~- *~4~j~,; li~,,' . ~4k ;, n , ! 0:'1 5.11(.! .cubiivisicn ~p .l['!..:i J["", )nd: s11 u.... $.~~ on said subdivlHon 1'I1ap for futu!'"", :aqtlVay de41"t.iOll. ~kTICLt III. Section 12,a). 'I'ba~ the Asaoc:i.... tion shall have two cl~sses of r.~r.hip in~.res~. .. ".'.., " ( fOl,~:;\~::,~ ,.",' . lows: Cl.lSS A. Class A MeD\berB ..MIl be ~he cwne.rs ~f a !ct or lots. Such Membcr~ shall be eD~it~cd to votll,g r: V\ts on the bal:uoI c! anI? (l) vote per lot owned rc'tardl('sS uf th,,- number of ~erson. owniD9 the lot. 1..:1.:).50; B. Thf' :><)le Cl.'\ss B Me8lber shall b- th. Spon::.or '.no sh.J.ll h,}\'c O~'l' 11 vote for each lot o,,",ed <. by the ~?on~;Qr hprein '..i.tt\uo the S'..IbdiviliOft. The ct....' " ~ . . DECLARATION MADE this 14th day of May, 1975, Pebble Beach Realty, Inc., a domestic corporation of the State of New york having it's principal place of business at 301 Clay pitts Road, East Northport, New York 11731, here~nafter called the Declarant: 'l WHEREAS, t:>1e Declarant: is the owner in fee si:nple of a certain parcel of land situate a.t East Marion, rown of Southold, CQunty of Suffolk and StatE' r,f Ne;. York, bE ins, t.,e premises i described in. deed dated Oct:ober 31, 1972 made by Art.hur L. R. " " Fcu,cisco and Hel~n T. Francisco to Pebble Beach Realty, Inc. recorded in the Suffolk County Clerk' 8 office on November 10, 1972 in LHler 7279;11; pa'Je 489.. a metes ""d bounds dl?scrirtion of which is shown on Schedule A as attacned hereto a.!ld made a part herc:~of~ andceferred 11:.0 herein as t.he "premises". , i: WHEREAS, the Declarant. intends to subdivide said premir:es ii for residential purposes and desires t.O subject said pren,i8eL :: to certain conditions, covenants and restrictions. I NOW THEREFORE, the Declarant does 1l.eJ:eby declare that the aforesaid premises and every portion thereof is h'Jreby held i' and shall be conveyed subject to the conjitions, covenants and i restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so " , p1.1rchased shall be held su.bject to theccovenants, conditions and restrictions hereinaft:er set forth. ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "Hap" when used herein is intended to mean the subdivision map of the premises entitled "Map of Pebble Beach Farms, East Narion, Town of Southold, Suffolk County, New York" heretofore approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's Office. .. . 2. The words "lot" or "lots" when used herein mean the separate numbered parcels of land as shown on the subdivision map. 3. The word "street" when used herein means the streets or roads as shown on the subdivision map. 4. The word "open space" when used herein means the separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, corporation or partnership owning all or a portion of the premises shown on the subdivision map. :j ARTICLE II: The following Covenants and Restrictions applying to I, the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer: 1. No dwelling shall be erected having less than 1000 square feet of interior living area on the ground floor. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall have an attached to the with an asphalt street pkvement or bluestone driveway extending therefrom garage line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. 2. No building of 1the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial v.ehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises i:s to be stored along the rear line of the plot, if not garaged. 4. No more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. -2- " .. . 6. No fences, either natural or man made, shall be erected or maintained on any lot i.n excess of four (4) feet in height except that this limitation may be exceeded if required by the zoning ordinance of the Town of Southold in connection with the construction of a swimming pool or similiar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by extending the rear line of' each house to each side line of the plot. Each corner lot shall for these purposes be considered to have it's front yard on the: street of the longest dimension. 7. No title in and to the bed of the road is to be conveyed to the lot purchasers. The grantor retains the said ,. title and the righ~ to dedicate and convey the said title to the Town of Southold or to a lot owners' association, which associa- " i: I: i n tion is as hereinafter provided. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide , !, service for the lot owners, whether installed on the surface of, or above or below the ground. 8. No nuisance nor noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall any accumulation of rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- eloper signs which comply with the Southold Town sign ordinance. A lot owner may maintain a "for sale", "for rent", or "pro- fessional office" sign on his lot not larger than 12" x 24". 9. No sand, earth or sod shall be removed from the premises or excavation be allowed t:o remain open thereon, except as may be necessary during building construction periods. After -3- 'i .. . construction, lawn and landscaping shall be installed and maintained thereafter in an attractive manner. 10. An owner of a water front lot facing on the Long Island Sound shall not construct any part of the dwelling northerly i of the approximate ioo foot bluff set back line shown on the \i filed map, unless approved by the Town of Southold. 11. The individual lot owner shall be responsible for, and i ~ repair or cause to be repaired, any damage to the paved and drainage swale areas of the road in front of his lot, which may :' be caused by the operation of .vehicles or machinery during construction or otherwise. ii 12. The use of each lot shall be limited to one family " residential use. i' ARTICLE III- OPEN SPACE It is the intention of the Declarant that the premises are '. I, to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the I, purposes of natural beauty and open space; the preservation of " natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open , : spaces on the subdivision map, to wit: Unless authorized by the Southold Town Board, :i 1. No structures shall be erected or placed in or on any open space. 2. No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. 3. No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such -4- 1I .. . other removal of vegetation as may be required for the proper natural preservation thereof. 4. Subject to the foregoing provisions of this Article III, open space areas "A", "B", "e", and "D" shall be used solely for agricultural, recreational use of lot owners and their guests, and surface water drainage purposes, except that open space area "D" may also be used by the Village of Greenport for the purpose of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans therefor and the manner of construction thereof are approved by the Southold Town Board. " 5. Open space area "E" shall be used solely as a bathing beach and related uses by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant, or its successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. 8. It is the intention of this Article III to restrict the open spaces A to , inclusive, for the use, benefit and enjoyment, of lot owners, and therefor the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintain' , the same at it's expense, for such purposes. Declarant further covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision. 9. Declarant covenants and agrees that at or before fifty per cent (50",i;) of the lots have been conveyed by it, that it will, at it's own cost and expense, establish a not-for-profit corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and -5- II .. . within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to said open spaces A to , inclusive, together with any and all private streets shown on said subdivision map and any and all areas shown on said subdivision map for future highway dedication. 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 11. within sixty (60) days after the creation of said I, association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved Ii by' the Town Board of the Town of Southold. Ii I 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. I' (b) That every lot owner shall be subject to a propor- ': , tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of ele association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and impr.::>vement of it's property and to secure the same by a lien on it's property. (el That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all changes due the association; that all -6- " , .. . ,. , such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to ii " collect the same and to enforce the lien thereof by any ;, means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. ,I (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of it's property and members. (h) That the association shall use, operate, and maintain all of it's streets, bathing beaches and other property ownQd by it in a safe and proper manner and in accordance with the laws, rules and regulations, order and directions " of the Town of Southold and other governmental agencies having jurisdiction thereof. (i) That the duration of the association shall be , perpetual. 13. That all of the covenants, conditions and restrictions contained in this Article III shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, it's successors and assigns, their successors and assigns, and the Town of Southold, and it's successors and assigns. ARTICLE IV - STREETS 1. Declarant covenants and agrees to construct and main- tain at it's expense, during it's ownership thereof, all streets, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction -7- II .. . " of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the subdivision map is to be conveyed or intended to be conveyed " to the owner of any lot and the Declarant, and it's successors and assigns reserve the fee of all land lying in the bed of any 'r and all such streets, and further reserves the right to convey to any municipal authority, or to the association, all of it's rights, title and interest: in and to any part or all of such streets, should the Declarant, or it's successors and assigns at any time deem it expedient ,to do so. 3. The Declarant hereby states that the street system in , the subdivision has been designed, with the approval of the , I! Southold Town PI~ing Board, in such manner that the unpaved I !' portion thereof provides for the drainage of surface water within the subdivision and that it is imperative that the unpaved r I I, portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense make such !' j! repairs thereto as may be directed by said Board. No lot owner shall excavate, fill or in any other manner disturb the land 4. Declarant covenants and agrees that when the streets within any street without prior approval of said Board. and drainage facilities have been constructed in accordance with the requirements of the Town of Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5. The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe and proper condition. -8- e. . h !: II PEBBLE BEACH REALTY, INC., by: ~~ / ~~' ,. ./;' ." -.-- ~/;.......~/ J6seph J. D no n, President STATE OF NEW YORK, COUNTY OF SUFFOLK: ss On the I~day of May, 1975, before me personally came JOSEPH J. DONOVAN, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malvern, New York 11565: that he is the President of Pebble Beach Realty, Inc. 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 corporation, and that he signed his name thereto by like order. ~.~ ~~! ! ~~ -9- CMcaIO Title InMlQDlte Co~pany- .' . TITLE No.7 2-S-04 7 20 SCHEDULE A DESCRIPTION .......)llt ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York bounded and described as follows BEGINNING at a point on the northerly side of Main (State) Road adjoining the southeast corner of land of Rutkowski Bstate; running thence northerly along the lands of Rutkowski Estate, Village of Greenport, F.P. King the following courses and distances: (1) North 16" 2S' 30" West 272.05 feet (2) North 16" 40' 30" West 447.07 feet (3) North 16" 23' 20" West 127.47 feet (4) North IS" 28' West 102.95 feet (S) North IS" 29' 30" West 310.56 feet (6) North 16" 16' West 260.73 feet (7) North 16" 29' 20" West 29S.93 feet (8) North 16" 31' 30" West 266.33 feet (9) North 16" 29' 10" West 167.12'feet (10) South 69" 47' 10" West 542.88 feet (11) North 21" 46' 00" West 692.45 feet (12) South 66" 28' 10" West 604.90 feet (13) North 23" 22' 40" West 1365.0 feet to the Long Island Sound; thence northeasterly along the highwater mark of the Long Island Sound the fo~lowing co~rses and distances: (1) North 38. 10' 40" East 406.74 feet (2) North S2. 02' 40" East 317.06 feet (3) North S9" 16' 00" East 434.78 feet (4) North 38" 09' 30" East 623.16 feet (5) North 32. 44' 10" East 499.30 feet (6) North 260 50' 20" East 697.S9 feet t~ land of Birten; thence southerly along said land the fo'lowin courses and distances: (1) South ISO IS' 10" East 300.0 feet (2) South 13" 54' 10" East 816.76 feet (3) South 130 31' 30" Esst 416.67 feet (4) South 130 26' 40" East 55,7.97 feet (S) South 120 41' 40" ~:nst 31.4.36 feet (6) South 130 40' 10" East 446.72 feet (7) South 110 47' East 1.26.63 feet (8) South 13. 00' 20" East 1'12.76 feet (9) South 130 01' 50" East 505.25 feet (10) South 13. 56' 20" East 200.0 feet (11) South ISO 39' 30" East 200.09 f.et (12) South 130 36' 40" East 262.01 fpet (13) South 13. 56' 20" East 285.0 feet (14) South 120 37' 40" East 153.04 feet (15) South ISO 10' F.ast 213.04 feet (16) Sout h 160 14' East 90. OJ feet (17) Soutn 160 35' 20" East 239.6') feet (18) South 720 25' 10" West 144.42 fpet (1~) South 190 47' 10" East 370.11 f,'pt to t',. 'H,rtherly sl.Je of '1.ain Road; th.nep westerl" a~o!lO; the yt,ortn.I.'r: 'j AtrlP. of "1810'\ Road the following courses and distances: (1) South 560 13' 40" West 255.0 feet (2) South SS. 06' 10" West 339.0 feet (3) on a curve bearing to the ri~ht ..vlng" rarllus of 812 feet a 11stance of 120.86 feet to th<<. r:~~k..:.:;1 C0rner of land of Rutkowski F.state the point or place ,,' c,cginning.