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HomeMy WebLinkAboutL 7851 P 29 *r, 'Cw 7851 29 PARTITION DEEB This indenture made the I ` day of I'I' ; between FRANCIS P. VERMAELEN , JR. , .residing at 209 Blue Point � Road, Oakdale , New York, party of the first part , CHARLES J . VERMAELEN, residing at 19 Canal Road , Massapequa, New York, party of the second part , and JOHN VERMAELEN, residing at 143 Foster Street , Sale , Victoria 3850, Australia , party of the third part, W I T N E S S E T H 1 Whereas , the parties hereto have and hold as tenants in common, certain premises situated in the Village of Mattituck. O Town of Southold, County of .Suffolk and State of New York, being CwJ the same premises devised to them by the Will of MARIE A . VERMAELEN, late of the County of Suffolk, which Will was admi.ttee .o probate on the 18th day of March, 1971 , being ';he same pre- mises devised to MARIE A . VERMAELEN by the Will of FRANCIS P. VERMAELEN, late of the County of Suffolk, which Will was admitted to probate on the 2nd day of October , 1969 ; and y Whereas , the parties hereto have mutually agreed to ! m?ke partition of the said premises and hold their respective ri shares in severalty: NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS : I FIRST : The said FRANCIS P. VERMAELEN, JR . , party of I the first part , shall henceforth have , hold, possess , and enjoy i in severalty by himself and to his heirs and assigns for his share and proportion of the said lands and premises , All that certain plot , piece or parcel of land , with the buildings and improvements thereon erected, situate , lying and' I being in the Village of Mattituck, Town of Southold, County of I Suffolk and State of New York, beginning at a point on the westerl ; line of Bay Avenue , which point is S. 0° 46 ' 00" E. 276 . 34 feet, from a monument set at the intersection of the westerly line of Lay 46 Avenue with the southerly line of the land of George E. Snider, !!l� Jr. , and running thence from said point of beginning S . 00 46 ' 00" --�� E. along the westerly line of Bay Avenue 96 .00 feet to a point and ' other land of the Estate of Marie A. Vermaelen; thence S. 74° 40 ' 00" W. along other land of the Estate of Marie A . Vermaelen and also being along the northerly line of the right of way hereinaftsz described 162 . 99 feet to a point and other land of the Estate of Marie A. Vermaelen; thence S. 150 20 ' E. along other land of the t Estate of Marie A. Vermaelen and also being along a portion of the westerly line of the right of way hereinafter described 25 . 00 feet' to other land of the Estate of Marie A . Vermaelen; thence S . 74" 40 ' 00" W. along other land of the Estate of Marie A. Vermaelen 171. 96 feet to a point and land of Alexander Calabrese ; thence N. ;021° 30' 00" W. along the lands of Alexander Calabrese and of Joh; iMcAdam 133 .68 feet to a point and other land of the Estate of fMarie A. Vermaelen ; thence N. 76' 58 ' 00" E. along other land of the Estate of Marie A. Vermaelen 373 . 76 feet to the point or placel I� of beginning. I REAL ESTATE _ `.TA'1'f OF t � TRANSFER TAX ��� � NEW YORY *� {j 4� Tsratcrn 'Jtlw-47s p I LESTER M ALBERTSON R E L O R p ��,,1 4 1,375 Clerk of Suffolk County, W7851 mK 3D A� 1 I E Together with a. right of way for ingress and egresN j and for utility lines to the hereinabove described parcel of land over and/or in a strip of land described as follows : BEGINNING at the southeast corner of the hereinabove ! described parcel of land and running thence from said point of beginning S. 0° 46 ' 00" E . along the westerly line of Bay Avenue 51. 66 feet to a point and other land of the Estate of Marie A . Vermaelen; thence S . 74° 40 ' 00" W. along other land of the Estate of Marie A . Vermaelen 150 .00 feet to a point and other i land of the Estate of Marie A. Vermaelen ; thence N. 150 20 ' W. along other land of the Estate of Marie A . Vermaelen and along the parcel of land hereinabove described 50 .00 feet to a point ; thence N. 740 40 ' 00" E. along the hereinabove described parcel of land 162 .99 feet to the point or place of beginning. The hereinabove described parcel of land and the hereinabove described right of way are conveyed subject to drainage easement granted to the Town of Southold to lay and maintain a storm sewer in a strip of land described as follows : BEGINNING at the southeast corner of the hereinabove described parcel of land and running thence from said point of beginning S . 01 46 ' E. along the westerly line of Bay Avenue 1 115 . 50 feet to a point ; thence westerly, southerly and again westerly through the hereinabove described right of way the following courses and distances : (1) S . 740 40 ' 00" W. 144 .09 feet ; (2) S. 150 20 ' E. 17 .50 feet ; (3) S. 741 40 ' 00" W. 15 .00 feet to a point and other land of the Estate of Marie A . Vermaelen; thence N. 150 20 ' W. along other land of the Estate , of Marie A. Vermaelen 7 . 50 feet to a point and the hereinabove described parcel of land ; thence S . 740 40 ' 00" W. along other land of the Estate of Marie A . Vermaelen and also being along a southerly line of the hereinabove described parcel of land 171.96 feet to a point and land of Alexander Calabrese ; thence N. 210 30 ' 00" W. along the land of Alexander Calabrese 7 . 54 feet to a point ; thence N. 7411 40 ' 00" E. through the hereinabove described parcel of land 172 .77 feet to a point in the westerly line of tithe hereinabove described right of way ; thence N. 15° 20 ' W. `along the westerly line of the hereinabove described right of way 17 . 50 feet to a point ; thence N. 740 40' 00" E . along the northerly line of the hereinabove described right of way 162 .99 Ifeet to the point or place of beginning; and The said FRANCIS P . VERMAELEN, JR. , shall also hence- forth have , hold, possess, and enjoy in severalty by himself and to his heirs and assigns for his share and proportion of the said lands and premises , All that certain plot , piece or parcel of land, with lthe buildings and improvements thereon erected, situate , lying and being in the Village of Mattituck, Town of Southold, County of Suffolk and State of New York, beginning at a point on the westerl line of Bay Avenue , which point is S. 00 46 ' 00" E. 424 . 00 feet 7 from a monument set at the intersection of the westerly line of B .a Avenue with the southerly line of the land of George E. Snider; Jr. , and running thence from said point of beginning S . 0° 46 ' OC" f E. along the westerly line of Bay Avenue 33 . 91 feet to a highway angle monument ; thence S. 220 00 ' 00" E . still along the westerly line of Bay Avenue 83 .62 feet to a monument and land of William H. - 2 - E R E C D R D E Q 4: 1975 LESTER M. ALBERTSON JiJ; Clerk of Suffolk County " Hillman, thence S. 740 40' 00" W. along the land of William H% Hillman 307 . 91 feet to a monument and land of Edward Sargent ; thence N. 210 30 ' 00" W. along the lands of Edward Sargent , of k the Town of Southold and of Alexander Calabrese 141 .69 feet to f a point and other land of the Estate of Marie A . Vermaelen; thence N. 740 40 ' 00" E. along other land of the Estate of Marie A . J1 Vermaelen 171 .96 feet to a point and other land of the Estate of Marie A. Vermaelen ; thence S . 151 20 ' E . along other land of the Estate of Marie A. Vermaelen and also being along a portion of the westerly line of the right of way hereinafter described 25 .00 . feet to a point ; thence N. 740 40 ' 00" E . along other land of the Estate of Marie A. Vermaelen and also being along the southerly line of the right of way hereinafter described 1.50 .00 feet to the `y point or place of beginning. 1 Together with a right of way for ingress and egress and for utility lines to the hereinabove described parcel of land # over and/or in a strip of land desoribed as follows : i BEGINNING at the northeast corner of the hereinabove described parcel of land and running thence from said point of beginning S. 741 40 ' 00" W. along the hereinabove described par- ! cel of land 150 .00 feet to a point ; thence N. 150 20 ' W. along 6 the parcel of land hereinabove described and along other land of g the Estate of Marie A. Vermaelen 50 .00 feet to a point ; thence N. 740 40 ' 00" E. along other land of the Estate of Marie A. i Vermaelen 162 .99 feet to a point in- the westerly line of Bay Avenue; thence S. 00 46 ' 00" E. along the westerly line of Bay Avenue 51.66 feet to the point or place of beginning. e The hereinabove described parcel of land and the here- inabove described right of way are conveyed subject to drainage easement granted to the Town of Southold to lay and maintain a storm sewer in a strip of land described as follows : i E BEGINNING at the northeast corner of the hereinabove described right of way and running thence from said point of beginning S. 00 46 ' E. along the westerly line of Bay Avenue ! 15.50 feet to a point ; thence westerly , southerly and again westerly through the hereinabove described right of way the fol- lowing courses and distances : (1) S . 740 40 ' 00" W. 144 .09 feet ,. (2) S . 150 20 ' E. 17 .50 feet ; ( 3) S . 740 40 ' 00" W. 15 . 00 feet to a point in the westerly line of the hereinabove described right of way ; thence westerly, southerly and again westerly through the hereinabove described parcel of land the following courses and distances : (1) S . 740 40 ' 00" W. 156 . 06 feet ; (2) S . 210 30 ' 00" E . 62 .50 feet ; ( 3) S . 680 30 ' W. 15 . 00 feet to a point and the land of the Town of Southold ; thence N. 210 30 ' 00" W. along the lands of the Town of Southold and of Alexander Calabrese 71.67 feet to a point and other land of the Estate of Marie A. Vermaelen ; thence N. 740 40 ' 00" E . along other land of the Estate of Marie A. Vermaelen and also being along a northerly + line of the hereinabove described parcel of land 171 . 96 feet to a point in the westerly line of the hereinabove described right of way; thence N. 150 20 ' W. along other land of the Estate of Marie A. Vermaelen and also being along the westerly line of the hereinabove described right of way 25 .00 feet ; thence N. 740 40 ' i 00" E. along the land of the Estate of Marie A . Vermaelen and being along the northerly line of the hereinabove described right of way 162.99 feet to the point or place of beginning. 3 — 1 LESTER M ALBERTSON a^ R E C O R D E D ,Um I 4 IST5 Clerk of Suffolk County 5 a„„-,,����ie�kcs?r 'a :e r,: ''� ` ' 785i e r teY4u iii x 1 Being part of the same premises conveyed to FRANCIS`P. VERMAELEN by FRANCIS ST. JOHN GIBS by deed dated the 16th day of October, 1947 and recorded in the office of the Clerk of. the County of Suffolk in liber 2767 of deeds at page 145 on the 23rd day of October, 1947 , And the said parties of the second and third parts in consideration of the premises , do hereby give , set over, convey , release , and confirm unto the said FRANCIS P . VERMAELEN, JR. , the party of the first part , his heirs and assigns forever, the last above-described premises : Together with all and singular the tenements , heredita- ments , and appurtenances thereunto , and also all the estate right , i title and interest of the said parties of the second and third parts , both in law and equity , of, in , and to the above granted premises , TO HAVE AND TO HOLD all the above-granted premises , to- y gether with the appurtenances and every part thereof, unto the said party of the first part , his heirs and assigns forever. And each of the parties of the second and third parts does hereby severally , and not ,jointly , but each for himself., and for his heirs, covenant , promise and agree to and with the party 1111 of the first part that he , the said FRANCIS P . VERMAELEN, JR. , � . his heirs and assigns , shall and lawfully may , from time to time and at all times hereafter, forever , freely , peaceably , and quiet- , ly, have , hold, occupy , possess , and enjoy the said first-described piece or allotment of land, with the appurtenances , and receive and take the rents , issues , and profits thereof, without any molestation, interruption, or denial by the parties of the second and third parts , their heirs or assigns , or by any other person or persons whatsoever, lawfully claiming or to claim by, from, or under them, or either of them, or by or with his or their act , privity , or procurement . SECOND: The said CHARLES J . VERMAELEN, party of the second part , shall henceforth have , hold , possess , and enjoy in severalty by himself, and to him and his heirs and assigns , for M his share and proportion of the said lands and premises , All that certain plot , piece or parcel of land, with the buildings and improvements thereon erected , situate , lying and ! l being in the Village of Mattituck, Town of Southold, County of 1 Suffolk and State of New York, beginning at a monument set at the intersection of the westerly line of Bay Avenue with the southerly : line of the land of George E. Snider , Jr. , and running thence from; said point of beginning S . 01 46 ' 00" E . along the westerly line �( of Bay Avenue 126 . 34 feet to a point and other land of the Estate of Marie A. Vermaelen ; thence S. 76° 58 ' 00" W. along other land of the Estate of Marie A. Vermaelen 427 .44 feet to a point and R land of C . S. Packert ; thence N . 210 30 ' 00" W. along the lands of , C. S. Packert , of Theodore Switsavage and of James MacLellan 124 .83 feet to a monument and land of George E. Snider, Jr. ; thence N. 76° 58 ' 00" E. along the land of George E. Snider, Jr. , 472.66 feet to the point or place of beginning. Being part of the same premises conveyed to FRANCIS P . R VERMAELEN by FRANCIS ST. JOHN GIBBS by deed dated the 16th day of October, 1947 and recorded in the office of the Clerk of the r 3 i - 4 - V a LESTER M. ALBERTSON RECORDED J'i,,l 1975 Clerk of Suffolk County � .. w as,y.M, ;j s r MR SAW hK TJ I � County of Suffolk in liber 2767 of deeds at page 145 on the 23rd day of October, 1947 , And the said parties of the first and third parts in { consideration of the premises , do hereby give , set over, convey , I release , and confirm unto the said CHARLES J . VERMAELEN, the I party of the second part , his heirs and assigns forever, the I last above-described premises : Together with all and singular the tenements , heredita- ments , and appurtenances thereunto , and also all the estate right title and interest of the said parties of the first and third parts , both in law and equity , of, in , and to the above granted premises , I TO HAVE AND TO HOLD all the above-granted premises , i together with the appurtenances and every part thereof, unto the i said party of the second part , his heirs and assigns forever. 4 And each of the parties of the first and third parts does hereby severally , and not ,jointly , but each for himself, and for his heirs , covenant , promise and agree to and with the party of the second part that he , the said CHARLES J . VERMAELEN, his heirs and assigns , shall and lawfully may , from time to time and at all times hereafter, forever, freely, peaceably , and quietly , have , hold, occupy, possess , and enjoy the said second-described piece or allotment of land , with the appurtenances , and receive and take the rents , issues , and profits thereof, without any molestation, interruption, or denial by the parties of the first and third parts , their heirs or assigns , or by any other person or persons whatsoever, lawfully claiming or to claim by, from, or under them, or either of them, or by or with his or their act , privity , or procurement . THIRD : The said JOHN VERMAELEN, party of the third part , shall henceforth have , hold, possess , and enjoy in severalty ! by himself, and to him and his heirs and assigns , for his share and proportion of the said lands and premises , i All that certain plot , piece or parcel of land, with the buildings and improvements thereon erected, .situate , lying and : being in the Village of Mattituck, Town of Southold, County of '! Suffolk and State of New York, beginning at a point on the westerIv, dine of Bay Avenue , which point is S. 00 46 ' 00" E. 126 . 34 feet from a monument set at the intersection of the westerly line of Lay' Avenue with the southerly line of the land of George E. Snider, 2 Jr. , and running thence from said point of beginning S . 00 46 ' 00" i E. along the westerly line of Bay Avenue 150 .00 feet to a point in other land of the Estate of Marie A. Vermaelen; thence S. 760 581 00" W. along other land of the Estate of Marie A . Vermaelen 373 .76 ] feet to a point and land of John McAdam; thence N. 210 30 ' 00" W, along the lands of John McAdam, of T. J. Lennon and of C . S . Packert 148 .19 feet to a point and other land of the Estate of j Marie A. Vermaelen ; thence N. 760 58 ' 00" E. along other land of the Estate of Marie A. Vermaelen 427 . 44 feet to the point or place of beginning. Being part of the same premises conveyed to FRANCIS P . VERMAELEN by FRANCIS ST. JOHN GIBBS by deed dated the 16th day { i of October, 1947 and recorded in the office of the Clerk of the County of Suffolk in liber 2767 of deeds at page 145 on the 23rd day of October, 1947 , 1, - 5 - t 4 R E O R E LESTER M. ALBERTSON J Jit $ 1975 Clerk of Suffolk County er