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L fl• CONSULT YOUR LAWYER BEFORE SHINING THIS INSTRU
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_ENT—THIS INSTRUMtNT SHOULD RE USED ET LAWYERS ONLY-
CONSULT
na o' THIS INDENTURE,rude the a�rY2�_ day of JiP74"All-'"k ,ninetwnbundredand seventy—five,
,y.4 14 BETWEEN H. ALVIN SMITH and DOROTHY R. SMITH, his wife, both residing
at New Suffolk .Avenue (no street number}, Mattituck, New York,
{� party of the first part,and DOROTHY R. SMITH, residing at New Suffolk Avenue
(no street number), Mattituck, New York,
1
party of the second part,
WITNESSETH,that the party of the first part,in consideration of Ten and 00/100-- ------=------------------------------($10.00)------------------------douars
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 success
sort and assigns for 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
beingkXbm at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows :
BEGINNING at a point on the center line of a 20 foot right of way
where the southerly line of ,lands now or formerly of Paust intersects
the center line of said 20 foot right of way; THENCE from said point
of beginning running along the southerly line of lands now or formerly
of Paust North 87 degrees 58 minutes 00 seconds East 190 feet, more
or less, to the ordinary high water mark of Hall' s Harbor; THENCE on
a prolongation of said line on the same course last mentioned to the
center line of Hall' s Creek; THENCE running along the center line of
Hall' s Creek as shown on the "1917 survey" referred to in recorded
survey of Otto W. 4an Tuyl & Son dated March 20, 1951, in a general
southeasterly direction to the ordinary high water mark of Great
Peconic Bay; THENCE along the ordinary high water mark of Great Peconic:
Bay in a general southwesterly direction on a tie line South 55 degrees
37 minutes 50 seconds West 640 feet, more or less, to the center line
of the 20 foot right of way above mentioned; THENCE along the said
20 foot right of way the following three (3) courses and distances :
1) North 15 degrees 06 minutes 20 seconds West 275. 0 feet;
2) North 6 degrees 05 minutes 30 seconds West 195. 63 feet, and
3) North 0 degrees 30 minutes 00 seconds West 60. 0 feet to the
point or place of beginning.
TOGETHER with all the right, title and interest of the parties of the
first part of, in and to a certain island lying in said Hall' s Creek,
in Hall' s Creek or Mud Creek Channel, and in Peconic Bay lying between
high and low water marks.
RIAI ESTATE` " STATE OF
TRANSFER TAX , ti "NEW YORK-* .
Dept. of
" 4 X00. 00
-
._ ERM. ALBERTS(
R EC 0 R D E _� SEP 9 1975 Berk of Suffolk comfy
,sum: t} •q?"^Aa,.'Ml" `^Y"+'a$r+k*" .. _'•.`''•M1""mvit tp0.4.'fiY:xo= "int .e rv. . A*-. a..,an vv
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TOGETHER with all the right, title and interest, if any, of the parties
of the first part, in and to the lands lying below the high water mark
of Hall'$ Creek and the Great Peconic Bay, in front of and/or abutting
the premises hereinabove described,
TOGETHER with an easement to use a 50 foot right of way for all ordinary
purposes of ingress and egress to and from New Suffolk Avenue and the
northerly terminus of a 20 foot right of way. The said 50 foot right
of way is more particularly bounded and described as follows :
BEGINNING .at a concrete monument set at the northeasterly corner of
lands now of Witschi and at the southeasterly corner of the said 50 foot
right of way; running thence from said point or place of beginning,
South 43 degrees 36 minutes 00 seconds}}West 52. 53 feet ah}long the north-
olr8os°oetlssAwten $ $owggcEwog� ju our�'eif$n�ydjgfi
tances :
1)_ North 28 degrees 33 minutes 30 seconds West 626. 34 feet, and
2) North 8 degrees 37 minutes 00 secondsWest936. 27 feet to the
northwesterly cornerofsaid 50 foot right of way; running thence along
the southerly" side of .New Suffolk Avenue 51.59 feet to the northeasterly
corner of said 50 foot right of way; running thence along the easterly
side of said 50 ,foot right, of way the following two (2) courses and .
distances : ,
1) South 8 degrees 37 minutes 00 seconds East 914. 76 .feet, and
2) South 28 degrees 33 minutes 30 seconds East 601.45 feet to the
point or place of beginning and being and intended to be the existing
50 foot right of way shown on the recorded ,survey .by ,Van Tuyl & Son.,
dated July 31, 1972.
TOGETHER with a right>of way 20 feet in ,width over an existing private
road the northerly line of which 3s the following three (3) courses
and distances ;
1) South 51 degrees 01 minute 10 seconds East 17.26 feet; thence
2) South 62 degrees 32 minutes 50 seconds East 69.37 feet; thence
3) South 51 degrees 45 minutes 40 seconds East 26.85 feet. Said right
of way being shown by the designation "A" on the recorded survey of,
July 31, 1972.
TOGETHER with a right of way 10 feet in width over land now or formerly
of Paust and extending from the easterly terminus of the northerly line
of the 20 foot right of way designated "A" on the recorded survey of
Van Tuyl & Son, dated July 31, 1972; in a general southerly direction
parallel with the westerly line of the parcel now or formerly of Paust
at a point where the westerly line of said right of way would be inter-
sected by an extension of the southerly line of said parcel now or
formerly of Paust, which line has a course of North 87 degrees 58 minutes
East; this said right of way being shown by the designation"B" on the
recorded survey of Van Tuyl & Son, dated July 31, 1972.
TOGETHER with a right of way 10 feet in width, the westerly line of
%hich is more particularly bounded end described as follows :
BEGINNING at the southwesterly corner of land now or formerly of Paust p
where the westerly line of said land is intersected by the course last
above mentioned; running thence in a general southerly direction to
Great Peconic Bay the following courses and distances:
South 0 degrees 30 minutes 00 seconds East 60.0 feet; thence
South 6 degrees 05 minutes 30 seconds East 195.63 feet;, thence
South 15 degrees 06 minutes 20 seconds East 275. 0 feet to Great Peconic
Bay; this said right of way being shown by the designation "C" on the-
recorded survey of Van Tuyl & Son, dated July 31, 1972.
(CONTINUED ON ANNEXED RIDER) I
LESTER M.AIBERTSCIN
V SEP 9 1975 Clerk of Suffolk
RECORDED -
,irBtK7W5A 411
i
ll . RIDER TO DEED
BETWEEN H. ALVIN SMITH AND DOROTHY R. SMITH,
HIS WIFE, PARTIES OF THE FIRST PART, AND
DOROTHY R. SMITH, PARTY OF THE SECOND PART,
I�
DATED THE2.v--k . DAY OFSePi�."oe/t7 , 1975
i
1
TOGETHER with a right of way over the easterly 10 feet of lands
of Witschi from the easterly and southerly boundaries of the p
right of way designated as "A" on the recorded survey of Van Tuyl '
& Son, dated July 31, 1972, and to the ordinary high water mark i
of the Great Peconic Bay; this said right of way shown as desig-
nation "D" on the recorded survey of Van Tuyl & Son, dated July 3$,
�! 1972.
�! TOGETHER with a water and well easement hereinafter described
over a portion of lands of Witschi, for the sole purpose of in- i
li stallation, maintenance"and r`6l3dir '`bf the well, necessary pipes 1
and/or lines and the securing of water therefrom to a residential.;
dwelling and guest house now,constructed or to be constructed on
lands herein described, south of the southerly line of land now
or formerly of Paust and labelled Parcel II on the recorded
survey of Van Tuyl & Son, dated July 31, 1972, subject to the f
limitations that: (a) withdrawal of water shall be only for I`
domestic use in the event of a future water shortage (b) all
!I pipes, lines, wells, pumps and the like shall be installed below
grade with landscaping restored (c) when done, all work and
Ji repairs shall be concluded expeditiously. The said water andwe1
}� easement area-is nwre particularly bounded and describedasfollows:
BEGINNING at a point located South 15 degrees 06 minutes
20 seconds East 321.80 feet from a concrete monument located at
the northwest corner of the premises hereinabove described; run-
ning thence from said point or place of beginning North 15 degree
06 minutes 20 seconds West 10. 0 feet; running thence North
il 74 degrees 53 minutes 40 seconds East 205. 72 feet th the north- i
west corner of lands herein described; running thence South #
0 degrees 30 minutes 00 seconds East 10. 0 feet, more or less,
along the center line of a 20 foot right of way and lands of the
it party herein described; running thence South 74 degrees 53 minute
40 seconds West 203. 11 feet to the point or place of beginning.
r
TOGETHER with the right to improve and/or pave, at the sole ex-
pense of the party of the second part and assigns, that portion
of the 20 foot right of way from the terminus of the presently
paved area to a building line restriction hereinafter described
in a paragraph below.
�{
i TOGETHER with an easement over the property conveyed by H. Alvin
(+ Smith to himself and Martin Suter by deed dated April 13, 1951, e
and recorded April 19, 1951, in the Office of the Clerk of the
+
IMMER
ht
I`
I
SEP 9 irk of Suffolk
RECORDS
. . 44
cl �
... A,ar .., .:�i•> za
41
LEER
County of Suffolk in Liber 3205 of Deeds, at page 327, to the
electric power and telephone lines on said property as shown an �f
� the recorded map of Otto Van Tuyl & Son, licensed surveyors,
= dated March 20, 1951 and on the recorded survey by Van Tuyl & son,`
€� dated July 31, 1972. This easement is subject to the right of
the owners of the said property so conveyed to Smith and Suter,
as aforesaid, and their assigns, to relocate the easement herein
i described, provided that electric power and telephone service
�I continues to be available to the lands now or formerly of Paust
and lands of Witschi at no expense to the owners thereof or their
assigns.
j! SUBJECT to the following covenants and agreements contained in
prior deeds of record : ,
(I A. That the use of the 20 foot right of way designated as
"A", "B", "C" and "D" `on the recorded survey by Van Tuyl & Son,
dated July 31, 1972, shall be restricted and limited to the use
of ingress and egress for the owners and occupants and guests of
the residences existing or to be constructed immediately abutting
any portion of the entire 20 foot right of way south of the
northerly line of lands now or formerly of Paust. This restric-
tive covenant shall be deemed and taken to be, a covenant running
' with the land.
j B. That no building or other enclosed or covered structure
shall be erected or maintained on other lands of the parties of
the first part more particularly described as follows : ALL that
land and beach and land under water, if any, east of the center
line of a 20 foot right of way and south of a restriction line
beginning at a point located the following two courses and dis-
tances running along the center line of a 20 foot right of way
from the southwest corner of lands now or formerly of Paust ;
(1) South 0 degrees 30%minutes 00 seconds East 60.0 feet and
(2) South 6 degrees 05 minutes 30 seconds East 130. 77 feet,
running thence from said point or place of beginning, North '',
87 degrees 58 minutes 00 seconds East 65 feet, more or less,
through the northwest corner of an existing bulkheaded boat basin '
and continuing to the easterly most boundary of the lands of the c'
parties of the first part, the said restricte d lands are labelled'
Parcel III on the recorded survey of Van Tuyl & Son, dated July 3]
1972. This restrictive covenant shall be deemed and taken to be a
covenant running with the land. ` a
I, C. Subject to any other covenants, restrictions, reservationfa Y
and agreements of record, if any, affecting said premises.
THIS deed is given for the purpose of correcting an error in the :
description in a deed by the parties of the first part hereto to
�Ithe party of the second part hereto, executed, acknowledged and
delivered on the 4th day of January, 1975, and recorded in the
Office of the Clerk of the County of Suffolk in Liber 7787 of
j Deeds, at page 287, on the 23rd day of January, 1975.
';-,
s
i;
! H. Alvin Smith
{ "
Dorothy R. Smit
i
SR
SEP 9 1975 Clerk of Suffolk COUWY