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HomeMy WebLinkAboutL 11662 P 762 Jnd f V.II. I, Fr.rn Allll) 14 pf ,..,I S,1, Ilr<d. W h Co.nor r aRilmr Gnnmr' A u IoJi+iJ al m C.nrpma on(•+mg.<,h«i) I, CONSULT YOUR LAWYER REEORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. Z164zP76- THIS INDENTURE, made the Z, day of December nineteen hundred and ninety three BETWEEN Southold Development Corporation , a New York corporation and debtor in possession under Chapter 11 of the Bankruptcy Code ( Case No. 889-91229-90 ) having an address c/o Meltzer , Lippe , Goldstein, Wolf , Schlissel & Sazer, P.C. , 190 Willis Avenue, Mineola, r / New York 11501 DISTRICT �SCTION BLOCK LOT �' F������� 1_.l1J LTJ � � a o a party of the first part, and 0 It a, 0 E D 11 Louis Moore Bacon residing at 44 mayo Avenue, Greenwich, Ct. party of the second part, WITNESSETH,that the party of the firstpart, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the as described on Schedule "A" annexed hereto and m,�- a part hereof . Sum j I(�_ 4` -1c /�, ecT Y.� �c(= TOGETHER with all right, title and interest of the party of the first part to (a) any body of land under water and to any body of water 1 ing and being situated wholly within the boundaries of true saiv prenuses; (b) any land lying in the bed of any sound, bay, river, stream, or creek in front of or adjoining the said premises and running along Peconic Bay and running to the mean high water line thereof; (c) all right, title and interest to all land awned by the party of the first part by virtue of letters tent recorded in Liber 952, page 195 in the Office of the Suffolk Count )" yo,Cl as well as all right, title and interest to any bay bottoms or other TRhN-,rurtder water pvTed by the party of the first part; (d) all oil, gas and minr ghits'of the Alrty of the first part, if any, in and to the said premise (&Md right, title and interest of the party of the first part in and to all strips and gores and all alleys adjoining the said premises; (f) all easements, rights of way, privi- leges, appurtenances, and other rights pertaining to the said premises; (g) all permits, licenses, approvals, applications, and other similar matters related to the use, operation, or development of the said premises. TOGETHER with all right , title and interest conveyed to the party of the first part by that certain Deed from John W. MacKay dated July 16 , 1979 and recorded on July 20, 1979 in Liber 8662 of convey- ances at page 397 . TOGETIIER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abotting the above described premises to the center lines thereof; TOGETHER will, the appurtenances and all die estate and rights of the party of the first part in and to said premises; TO HAVE AND TO 1101-1) the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the I>.orty of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of Ilse first part mill receive the considcmt;.o for this conveyance and will hold the right to receive such consid. eration as a trust fond to be applied first for the purpose of paying the cost of the improvement and will apply lir, same first to the payment of the cost of the improvement before using any part of the total of the sane for any other purpose. The word "Imrtr'" shall be constnled as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHERE F, the party of the first part has duly executed this deed the day and year first above written. IN FRE-SE � Z _/�. SOUTHOLD DEVELOPMENT CORPORATION By: Clau Mitterm er, President RECORDED FEB 1 1994 aEDWARD �K OOMY F-"1%7(458 , SCHEDULE "All Parcel I ALL that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, 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 Northerly side of Jackson Street, with the Easterly side of First Street; RUNNING THENCE North 06 degrees 50 minutes 00 seconds East, along the Easterly side of First Street, 91.50 feet, to land now or formerly of Ruth Tuthill Houston; THENCE along said last mentioned land, South 83 degrees 10 minutes 00 seconds East, 207 . 00 feet, to a monument on the ordinary high water mark of Cutchogue Harbor; THENCE along the ordinary high water mark of Cutchogue Harbor, on a tie line course bearing South 07 degrees 28 minutes West, 131.38 feet, to a point on the bulkhead on the basin of Cutchogue Harbor; THENCE along said bulkhead the following two courses and distances: 1. North 66 degrees 30 minutes West, 75. 24 feet; 2 . North 60 degrees 48 minutes West, 48 . 09 feet, to a point on the Northerly side of Jackson Street; THENCE the Northerly side of Jackson Street, North 83 degrees 10 minutes West, 89 . 00 feet to the corner aforesaid, the point or place of BEGINNING. Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Cn. Page 1 of 10 F-:%'C-158 SCHEDULE "All Parcel II ALL that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, 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 Jackson Street, with the Easterly side of First Street; RUNNING THENCE South 83 degrees 10 minutes East along the Southerly side of Jackson Street, 76. 0 feet, to a point in the basin of Cutchogue Harbor; THENCE along the basin of Cutchogue Harbor, South 48 degrees 30 minutes East, 18 . 00 feet to a point on the bulkhead of the basin of Cutchogue Harbor; THENCE along said bulkhead the following 5 courses and distances: 1. South 70 degrees 13 minutes East, 99. 00 feet; 2. South 19 degrees 47 minutes West, 57. 50 feet; 3 . on a tie line course bearing North 73 degrees 06 minutes 20 seconds West, 138 . 31 feet; 4 . South 18 degrees 30 minutes West, 35. 00 feet; 5. South 60 degrees 00 minutes West, 23 . 0 feet, to a point on the high water mark of the basin the Cutchogue Harbor; THENCE along said high water mark South 0 degrees 40 minutes East, 31. 13 feet, to a point on the bulkhead of the basin of Cutchogue Harbor;. Continued. . . Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Page 2 of 10 C' SCHEDULE "Au Parcel II Continued THENCE along said bulkhead and loose rock jetties the following three courses and distances: 1. South 39 degrees 43 minutes East, 72. 00 feet; 2. South 45 degrees 39 minutes 50 seconds East, 225.81 feet, to a point on the ordinary high water mark of Cutchogue Harbor or North Race; 3 . South 34 degrees 20 minutes West along a jettie 25 feet; THENCE along said high water mark of Cutchogue Harbor, or North Race, on a tie line course bearing North 68 degrees 23 minutes 50 seconds West, 244 . 74 feet, to the Easterly side of First Street; THENCE along the Easterly side of First Street, North 06 degrees 50 minutes 00 seconds East, 290. 00 feet, to the corner aforesaid the point or place of BEGINNING. Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Page 3 of 10 Fnccue . SCHEDULE "A" Parcel III ALL that certain tract of land, known as Robins Island, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the Northerly shore line of Robins Island, at the high water line of Little Peconic Bay, at a point on the Easterly side of a dock projecting Northerly into the waters of said Little Peconic Bay, where said dock meets the said high water line of Little Peconic Bay, and from said point of beginning; RUNNING THENCE along the high water line of Little Peconic Bay, the following 24 tie line courses and distances: 1. South 80 degrees 17 minutes 50 seconds East, 136. 18 feet; 2. North 88 degrees 21 minutes 10 seconds East, 174 . 07 feet; 3 . North 80 degrees 45 minutes 10 seconds East, 566. 36 feet; 4. North 85 degrees 23 minutes 10 seconds East, 223 . 72 feet; 5. South 80 degrees 43 minutes 10 seconds East, 520.82 feet; 6 . South 51 degrees 50 minutes 40 seconds East, 124 . 63 feet; 7. South 34 degrees 17 minutes 50 seconds East, 209 .41 feet; 8. South 26 degrees 01 minutes 00 seconds East, 186. 94 feet, 9 . South 19 degrees 16 minutes 00 seconds East, 218 . 22 feet; 10. South 13 degrees 27 minutes 00 seconds East, 283 .78 feet; Continued. . . Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Pate 4 of 10 Ft1CC•Ii8 , SCHEDULE "An PARCEL III (continued) 11. South 09 degrees 40 minutes 20 seconds East 357. 07 feet; 12. South 04 degrees 45 minutes 50 seconds East 385. 33 feet; 13. South 0 degrees 48 minutes 10 seconds West 571.06 feet; 14 . South 04 degrees 50 minutes 30 seconds West 544 .95 feet; 15. South 08 degrees 51 minutes 00 seconds West 539.42 feet; 16. South 07 degrees 35 minutes 40 seconds West 627. 50 feet; 17. South 04 degrees 28 minutes 00 seconds West 526. 60 feet; 18. South 01 degrees 07 minutes 20 seconds West 561. 11 feet; 19. South 00 degrees 43 minutes 00 seconds East 719 . 06 feet; 20. South 02 degrees 35 minutes 10 seconds East 620. 63 feet; 21. South 04 degrees 03 minutes 50 seconds East 578. 45 feet; CONTINUED. . . Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. C. h Page 5 of 10 F WC-138 sCHEDULE "All PARCEL III (CONTINUED) 22. South 07 degrees 15 minutes 00 seconds East 285.28 feet; 23. South 10 degrees 15 minutes 10 seconds East 297.76 feet; 24. South 18 degrees 25 minutes 20 seconds East 283 .90 feet to the southeasterly corner of the premises herein described and the high water line of Great Peconic Bay; THENCE along the high water mark of Great Peconic Bay the following 30 tie line courses and distances: 1. North 46 degrees 04 minutes 50 seconds West 200. 90 feet; 2 . North 34 degrees 41 minutes 40 seconds West 695. 69 feet; 3 . North 39 degrees 07 minutes 10 seconds West 310. 64 feet; 4 . North 41 degrees 23 minutes 20 seconds West 853 . 06 feet; 5. North 45 degrees 31 minutes 00 seconds West 392 . 46 feet; 6. North 51 degrees 36 minutes 10 seconds West 625. 03 feet; 7 . North 45 degrees 05 minutes 30 seconds West 161. 17 feet; CONTINUED. . . Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Page 6 og 10 F7WG158 SCHEDULE nA" PARCEL III (CONTINUED) 8. North 36 degrees 17 minutes 30 seconds West 397. 02 feet; 9. North 29 degrees 52 minutes 40 seconds West 588.17 feet; 10. North 28 degrees 07 minutes 00 seconds WEst 463.12 feet; 11. North 21 degrees 26 minutes 00 seconds West 580.12 feet; 12. North 17 degrees 48 minutes 40 seconds West 666.97 feet; 13. North 06 degrees 39 minutes 20 seconds West 241.63 feet; 14. North 13 degrees 01 minutes 20 seconds West 150.88 feet; 15. North 02 degrees 29 minutes 20 seconds East 138. 13 feet; 16. North 05 degrees 58 minutes 10 seconds West 615. 34 feet; 17. North 02 degrees 38 minutes 20 seconds West 434 .46 feet; 18. North 06 degrees 49 minutes 20 seconds 235 . 67 feet; CONTINUED. . . Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Page 7 of 10 FPWC-158 SCHEDULE "All PARCEL III (CONTINUED) 19. North 10 degrees 52 minutes 20 seconds West 307.52 feet; 20. North 13 degrees 31 minutes 50 seconds West 329. 13 feet; 21. North 06 degrees 47 minutes 50 seconds West 194.37 feet; 22 . North 01 degrees 50 minutes 00 seconds East 250.13 feet; 23 . North 00 degrees 34 minutes 20 seconds West 200. 01 feet; 24 . North 05 degrees 56 minutes 00 seconds West 154. 83 feet; 25. North 07 degrees 44 minutes 00 seconds West 163 . 49 feet; 26. North 20 degrees 39 minutes 30 seconds East 260.77 feet; 27 . North 17 degrees 16 minutes 10 seconds East 279 . 60 feet; CONTINUED. . . Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Page 8 of 10 FTWC-lib SCHEDULE "An PARCEL III (CONTINUED) 28 . North 22 degrees 41 minutes 10 seconds East 588.53 feet; 29. North 27 degrees 40 minutes 30 seconds East 254 . 07 feet; 30. North 26 degrees 55 minutes 00 seconds East 404 .32 feet to the northwesterly corner of the premises herein described and the high water line of Little Peconic Bay; THENCE along the high water line of Little Peconic Bay the following 15 tie line courses and distances: 1. South 19 degrees 07 minutes 10 seconds West 146. 61 feet; 2. South 32 degrees 33 minutes 00 seconds West 55.76 feet; 3 . South 25 degrees 44 minutes 30 seconds West 310.85 feet; 4 . South 26 degrees 42 minutes 00 seconds West 189. 17 feet; 5. South 21 degrees 36 minutes 50 seconds West 399 . 06 feet; CONTINUED. . . Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Page 9 of 10 SCHEDULE nAn PARCEL III (CONTINUED) 6. South 08 degrees 27 minutes 00 seconds West 176.92 feet; 7. South 07 degrees 35 minutes 40 seconds East 196.73 feet; 8. South 25 degrees 22 minutes 30 seconds East 280. 02 feet; 9. South 39 degrees 55 minutes 40 seconds East 239. 94 feet; 10. South 55 degrees 05 minutes 50 seconds East 262 . 16 feet; 11. South 61 degrees 27 minutes 40 minutes East 194. 65 feet; 12. South 79 degrees 40 minutes 40 seconds East 306. 97 feet; 13 . due east 150. 0 feet; 14. North 79 degrees 50 minutes 00 seconds East 186. 93 feet; 15. North 66 degrees 07 minutes 20 seconds East 36. 93 feet to the easterly side of aforesaid dock at the high water line of Little Peconic Bay at the point or place of BEGINNING. Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. Page 10 of 10 C- ALL ALL that,oertatn piece j. or parcel of land under the waters of Peoonio Bay, - ' JI (surrounding Island) in front of and adjacent to lands of the Robins Island Club, f, in the Town of Southold, County of 'Suffolk, clbsoribed as follows, �G to wit: BEGINNING at a t 17. .Sd . j 1119 of_Mean_high water on the shore of said Rohins Island which point is North 88' 8' ?lest 53.6 i feet from a stake driven into the hank of seAd Island, which stake lies North 27' 35' west 275.9 feet from the venter of a well lying, North of the .Club Rouse on se.id island and which stake Isles at the intersection of two lines drawn respectively, one from a coast survey signgl on Little Nor, Neck Point which signal bears North 56' 36' Faq , and the other from the dock at New Suffolk which dook bears North 10' 7' west, Running from said point of beginning around se.id island following the line of mean high water, the following courses and distances to wit: North 89' 17' East 159 feet; thence North 74' 22' Fast 70.4 feet; thence North 62' 22' Fast 207.5 feet; thence. North 67' 3' Past 208.8 feet; thence North 68' 59' Fast 165.9 feet; thence North 72' 2' Fast 238.1 feet; thence North 69' 54' East 188.6 feet; thence North 78' 59' Fast,197.4 feet; thence �outh 65' 34' Feat 147.5 feet; thence South 56' 39' Fast 436.7 feet; thence South 48' 28' Fast. 93.1 feet; .thence South 35' 19' Fast 325 feet; thence South 26' 56' Fast 370.8 feet; thence South 22' 57' East 22 .7 feet; thence South 17' 28'_ Fast 361,5 feet; thenne South 10' 46', East 806.9 feet; thence South 6° 57' East 352.2 feet; thennOISuuth 2' 8'. Fast 537.6 - feet; thence South 5' 7' Fast 483,2 feet; thence South 7' 20' East =, 1 402.3 feet;, thenne. South 10'18' East 682.7 feet; thence,South 14' 52' Fast 629 feet; thence South ' t 9" 55 Fast .260.2 feet;, -thence FSI South 15' 361. Fast 188.3 feet; thence South 19° 27' Fast 147.8 feet; thence South 14' 19' Fast 240.7 feet; thence South 16' 47' Fast 328.9 ' k �f feet; thence South 18' 52' Fast 268,5 feet; thenne South 35' 36' East % Y 376.8 feet; theroe South 16° 43' Fast 235 feet; thence South 3' 34' Fast 70.6 feet to the SouthOrmost point of said island running thence North 46' 58' West 169 feet; thence North 47'16' West 147.4 feet; thence North 48' 8' West 209:} feet; thence North 50' 15 ' West 569.3 feet; thence North 53' 50' West 288.4 feet; thence North 58' 46 i West 731 feet; thence North 62' 4' west 465.6 'feet thence North 70' 22' west 273.6 feet; thence North 64' 26' west 129.5 feet; thence : I North 54' 8 ' West 116.9 feet; theno4 North 50'37' West 125.8 feet thence North 47' 12' We Nt IL9-4.'2 font. '�.h prl n., IJ n.Nh I�x• ccs mn-� 1 '+ y 147 feet; tbenoe-North 42° 3' West'635 feet; thence North 35° 45' west 442.4 feet; thence North 310. 57' west, 382 feet; thence North 27° 3' west 479.7 feet; thence North 17° 31' west 171 feet;. thence North.22' 25' west 189.3 feet; thenoe.North 160 58' west ' 325.5 feet; thenne North 21° 27' West 218.2 feet; thenne North 13° 20' West 188.9 feet; thence North 160 45' west 207.5 Feet; thence North 190 6' west 369.9 feet; thenne North,.22° .,44' ,t'Test 365.3 feet; thence North 23° 39' west 499.6 feet; thence North 5* 54''.West 102 feet; 'thence North 8° 35' West:222.3 feet; thence North 14° 26' West 243 Fejt; thence North 25°. 2' West 198.1 feet; thence North 13° 23' West 116.7 feet; thence North 6° ,47' East 291..5 feet; thence North 7° 59' Fast 231.6 feet to the Northernmost point of said island; thence South 13° 9' Fast 133.4 feet; thence South 290 6' East 142 ,feet; thence South 390 26' 127.6 feet; thence South 49° 21' East 132.8 feet; thence South 56° 3' not 125.8 Peet; thence South 60° 37' Fast i a, 128.9 feet; thence South 670 29' East 199 feet; thence South 74° 29' Fast 179 feet; thence South 80° 23' FAst.152.3 feet; thence South 85° ' j. 3 , 35 FAat 153.9 Peet; thenne North 83° 0' East 160.4 feet;, thence North 75i 57' .East 127.2 feet; thence North 4 639 27' FAst. 119.2 Peet to the,point of beginning; thence running into the waters of Peoonio Bay to a point distant 100 feet from and measured on a line pdrpendioular to i. the line. of mean highwater, and, running thence.on lines parallel to and distant 100 feet from the line .of.,mean high water (as above described) ..around the said island to the point'Yri-the distant 100 feet from the point of i beginning. as above desgribed containing 48.9 anres. All bearings referrin,.g to the true meridian. ALSO ALL that certain other piece or parcel of land under the waters t of Peoonio Bay in front of and adjacent to lands of the Robins Island Club, situate as aforesaid in said Town of Southold described as follows, to wit; BEGINNING at a point in the waters of Peoonio Bay which point is North 30° 15' East 640 feet from.'& stake driven into the hank of said island which stake lies North 270 35' West 275,9 feet from the center ofa, well lying North of the Club Nouse on said Robins Island a. and which stake lies at the intersection of two lines drawn respectively one from a coast survey signal on Little Hog Nook Point which signal bears North 560 36' Fast and thA other line from the dock at New Suffolk which dock bears North 10° T West. The point of beginning in.tbe waters of Peoonio Bay is also 350 feet from the line of mean high water on the shore of said island measured on a line parallel to the center line of the Club house dock and which line is distant 500. feet from the center line of said dock; running thence South 70° 45' west 1000 feet to a point 350 feet from the line of,mean high *s er; thence South P. 3T East on a line parallel to _ the center line of said dock ,240:feet to a point in the line 100 feet distant from and parallel to the line Of mean high water as described in the first parcel; thence_ r' along the said parallel, line to ;,a polntg500 feet Northeasterl;Y from the center 11662P662 line of said dock; therm& North 37' lest on e line perallal to said dock 250 feat to the plcoe of heEinning. Containing u. 3 Rcres. all haarinf;s referring to the true r.:aridian. RxceptinF and Reserving to all and every the sF,id People , the full end free riF?ht, liberty and Privilel;e of entering upon and u:;ink, ell and every pF,rt of V.a ahova desr�rihad prami;;es , in as aMple a me.nner e,s they L,iLht have done had t1lis power and authority r.nt bean divan, until the same shall hc.ve been e.otually approi-,riated and applied to the ;urposae of Coiruaerce by erecting a Dock or Docks Viareon, or for the herefieial enjoyment of the serna b, the Rdianent 0% upon condition however that this grant is not to r.,; so construed as to sxclude the public from fishing or ;;athsring clarus , scallops , or oysters within the limits of the pramIL;es harcby conveyed at reasonable times and in a reasonable wey outside of a line di„tant at al]. tidal fifty feet from the shore or upland , provided however that this restriction shell not apply to the parcel of land one thousand feet in length cnd three hundred and fifty feet i.n width harainshove described. " These betters Patent are issued in con- forraity with Resolutions of the Cocu:i;:eionars of the L�.nd Offine adopted December 6, 1826; January 4, 1887, and F'ehruery 3, 1887 , IN T17,STI:101TY W- FE?DJF, We have caused .hese ovr Letters to be Lnade Patent , end the Great Seal of our seid Stete to be hereunto affixed wlTN1..S, David B. Hill , Governor of our sF.id State et our City of Albany , the 18th ('ay of February in the year of our Ford one thousand eight hundred and elLhty-seven,