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HomeMy WebLinkAboutL 7661 P 277 'Standard N.Y.B.T.U. go,.8000.10-70-SM-Bargain and Sale Ured,u rhout Covenant against Grantor's Acts-Individual or Cxpovtion. s CONSULT �7YOUR dLAWYER �}BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. M n z LIBER 1661 PAGE 27 (.. 4 as of THIS INDENTURE, made/the firstday of June nineteen hundred and severity—four, BETWEEN MATTITUCK HOLDING CO. , INC. , a New York corporation, having its office on Mill Road, Mattituck, New York, party of the first pari, and .WILLIAM L. PAPE, residing at 115 Browns Road, a Huntington, New York; FREDERICK W. PAPE, JR. , residing at 230 Foreside CiJ Road, Falmouth, Maine;' WILLIAM POSCOLA, JR; , residing on Mill• Road, 1.., Mattituck, New York; and JOHN C. HALLINAN, JR. , residing on Reeve x h Avenue, Mattituck • New York, J� party df the second part, r, WITNESSETH, that the party of the first part,in consideration of G.y f:. — Ten ($10.00) �---------------------------------=-=---------- u tc dollars, lawful money of the United States, and Other good and valuable considerationpaid " 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, Parcel I A,L that certain.plot, piece or parcel of land, with the buildings and improvements thereon'erected, situate, lying and being in the Village Of Town of :,;.uthoTd, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a monument on the southerly side, of Mill Road' where thesame is intersected by the easterly -line of" land of Maurice Galburt; running thence along the southerly' side of Mill Road the following 3 courses and distances: 1) North 73 degrees 52 minutes 30 seconds East 39:22 feet; 2) South 82 degrees 01. minutes 10 -seconds 'East 138.46 feet; 3) South 53 degrees 23 minutes East 77 .64 feet to land of J. Richard Holmes; thence . along the last mentioned land the following 2 courses and distancest 1) South 35 degrees 49 minutes 30 seconds East 295.99 feet to a monument ; 2) North 84 degrees 06 minutes 20 seconds East 44.0 feet to the ordinary high water mark of Mattituck Creek; ` running thence in a southerly direction along the ordinary i high water mark of Mattituck Creek as the same winds and turns to .the northerly line of Lot P as ' shown on Mali of Shore Acres 1 LESTER M. A.LBERTSON RECORDED_ 21 19i4 Gerk of 5uffo1k CCKA%ty ,''��. TrT� ", ^,'@'"V•R„1sww ,w�^^n.-.-., ..,ysv..n.+rv..m. .e,•s,...,.-..,-..,N'I!.^wf»'^�'1 a9m.,m «. - r - �_ r AER 7661 PACE 278 ` filed in the Suffolk County Clerk ' s Office as Map No. 41; said distance along the ordinary high water mark of Mattituck Creek" being as measured by the following 2 tie line courses, and distances: 1) South 4 degrees 01. minutes ?_0 seconds East 717.56 feet; r 2) South 12 degrees 15 minutes 50 seconds West 464:56 feet; running thence along the northerly line of the aforementioned Lot P the following 5 courses and distances: ` 1) North 77 degree- 55 minutes 50 seconds West 240.0 feet; 2) .North 83 degrees 33 minutes 10 seconds West 31.25 feet; 3) North 80 degrees 27 minutes 40 seconds West 56. 10 feet.; 4) North 89 degrees 20 minutes 20 seconds West 42:60 feet; 5) South 78 degrees 40 minutes 20 seconds West 67.34 feet to the northerly terminus of North Drive; thence North 87 degrees 36 minutes 50 seconr;s West partly along the northerly terminus of North Drive and partly along the northerly line of Lot. 35, a distance of 'r6.5y feet to land of Nicholas Chudiak; running thence northerly along the last mentioned land "the following 4 courses and distances : 1) North 6 degrees 12 minutes 50 seconds West 235.30 feet; 2) North 14 degrees 26 minutes 50 seconds West 142. 21 feet; 3) North 0 degrees 15 ri; nutec 00 seconds East 357.0 feet; 4) North :13 degrees ; - minute:, 00 seconds I-lest 69.32 feet to land of Joseph Leo Grande ; running thence along the last A'• mentioned land the following 4 courses and distances : " 1) South 81 degrees 32 minutes 20 seconds East 117.0 feet; 2) North 17 degrees 01. minutes 00 seconds East 473. 19 feet oto a monument; 3) North 28 degrees 00 minutes 20 seconds West 32.75 feet to a monument; 4) North 84 degrees 53 minutes 40 seconds West 50.08 feet to a monument and land of Maurice Galburt; thence North 1 degree 57 minutes 20 seconds West along the last mentioned land 139.27 feet to the southerly side of Mill Road and the monument set at the point or place of beginning. The attached Rider form:: an integral part of this Indenture. !� .0-O R D_E Q LESTER M. ALBERTSON lure 21 I�i4 Clark of Suffolk County „ 7" .,.....,,_.. LIBER 7661 PAGE 279 RIDER attached to and forming part of Indenture made as of the first, ciay of June, -i.);11 , between Mattituck Holding Co. , Tnc ., party of the first part, and William L. Pape, Frederick W. Pape, Jr. , William Boscola , Jr. and John C. liallinan, Jr. , party of the second Part . TOGETHER with a right of way across land formerly of r George ',,1. Robinson now of Richard Holmes adjoining the Creek to Mill Road . TOGETHER with a right of way 10 feet :in width over lands of Joseph Leo Grande adjoining the premises herein conveyed on the West and thereafter 20 feet in width over said land of Joseph Leo Grande and over land of Maurice Ga.lburt to Mill Road and subject, however, to a right: of way 10 feet :in width along the westerly part of the premises adjoining Joseph Leo Grande. ALL of the said cour:,es and distances and rights of way are shown on a map of land surveyed for Frederick R. Ketcham December 6 , 1957 by Otto W. Van Tuyl & Son, Licensed land surveyors , Greenport , New York. BEING and intended to be the same premises heretofore !. conveyed to the party of the first part by Frederick R. Ketcham by deed dated October 2'7, 1961, and recorded on October 31 , 1961 , .in the Office of the Clerk of the County of Suffolk in Liber 5073 page 552 of Deeds. EXCEPTING, however, from the above described premises two parcels of land conveyed by the party of the first part to lJll ;im Boscola , Jr. , by two separate j 4 yy,,,, ,t ! 1♦i' ! r LESTER M. ALBERTSON . CORDED 1 .Ulf .21 1974 Ckwk of Suffolk Ccwety .i LIBER 7661 PACE 280 RIDER attached to and forming part of Indenture made as of the first day of June, 19711 , between Mattituck Holding Co. , Tne . , party of the first part , and W.1111am L. Pape, Frederick W. Pape, Jr. , W11.1.1am Boscola , Jr. and John C . 11allinsn, Jr. , party of the second part . ( continued ) deeds, deeds, one dated the 15 day of February, 1963, and recorded on February 18 , 1963 , in the Office of the Clerk of Suffolk County in Liber 5308 page 503 of Deeds, and ,the other dated the 17th day of February,`. 19"T1, and recorded on rlarch 11, 1'??1, :in the Office of the Clerk of Suffolk County in Liber 6898 page 93 of Deeds, as follows : First Excepted Parcel: ALL that certain plot , piece or parcel of land, situate , lying and bein in the Village of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point in the westerly line of land now or formerly of J. Richard Holmes at a point therein distant 38.26, feet from the southerly side of Mill Road measured along a line bearing South 35 degrees 49 minutes 30 seconds East.; running thence along said last mentioned land South 35 degrees 49 minutes 30 seconds East 100.93 feet; running thence South 61 degrees 58 minutes 20 seconds West 213.61 feet ; running, thence North 28 degrees 01 minutes 40 seconds West 100 feet ; and running thence North 61 degrees 5z� minutes 20 seconds East 204 .92 feet f to the point or place of beginning. TOGETHER with a right of way over a strip of land of the party of the first part twenty (20) feet in width - 4 - 14V V, ,1 A j M. ALBE ESTER CSD R D ED _ - -,-,�I1�1..2119(4 LClark of Suffolk CC«mty „;,� . .: .. � Y nes�l�^3 aa=°3. {'� JdN 8�lr•eb LIBER 7661 PACE 281 ` RIDER attached to and forming; part of Indenture made as of the first day of June, 1'y'(4 , between Mattit:uck Holding Co. , Inc . . party o£ the first part , and William L. Pape, Frederick W. Pape, Jr. , William Boscol.a , Jr. and John C. Hall-inan, Jr. , party of the second part . (continued ) adjoining the premises hereby conveyed and other land of the party of the first part on the southwesterly side thereof and extending to the right of way over land of Joseph Leo Grande and land of Maurice Galburt� to Mill Road, and together with a right of way over the said lands of Joseph Leo Grande and Maurice Galburt to Mill Road to the same extent that a right of way over the same was granted and conveyed to the party of the first part by Frederick R. Ketcham by deed dated October 27, 1961, and recorded on October 31, 1961, in the Office of the Clerk of the County of Suffolk in Liber 5073 page 552 of Deeds. Second Excepted Parcel: ALL that certain plot , piece or parcel of land, situate, lysing and beim; in the Village of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows - BEGINNING olows :BEGINNING at a monument , which is South 68 degrees 31 minutes East 143 .93 feet from a pipe set at the southeast corner of. the land of Joseph Leo Grande, and running thence from -,aid point of beginning along other land of the party of the first part of the following courses and distances : ( 1) South 78 degrees 10 minutes East 151.04 feet to a monument; (2) North ul degrees 45 minutes East 51 .49 feet to a monument; (3) South - 5 - t �t Ay�{ �; � 3 ��. , �'a�, '�5� `,icy :. __.. ” ._.____' _�—,• . �' t�. D '.° LESTER M. ALBERTSON' ft�kQRQEQ 2x 1919 Cork of Suffolk County 77, 77 _ ,...__. LIBER 7661 PACE 282 • RIDER attached to and forming part of Indenture made as of the first day of June, 1.9711 , between Mattituck Holding Co. , Inc . , party of the first part, and 111iiam L. Pape , Frederick W. Pape, Jr . , William Bosco a , Jr. and John C. Hallinan, Jr. , party of the second part . ( continued) 11 degrees 50 minutes West 142.68 Ceet to a monument; (4) North 73 degrees 10 minutes West 200.00 feet to a monument; (5) North 11 degrees 50 minutes East 125.00 feet to the point or place of beginning. TOGETHER with a right of way from an existing 20 foot right of way, hereinafter described, to the above described parcel of land described as follows : BEGINNING at a pipe set at the southeast corner of the land of Joseph Leo Grande and running thence from said point of beginning South 6v degrees 31 minutes East across or through the land of the party of the first part 143 .98 feet to the monument set at the point or place of beginning of the above described parcel of land; thence Sout'ii 1.1 degrees 50 minutes West along the westerly line of the above described parcel of land 125.00 feet to a monument; thence across or through the land of the party of the first part the following courses and distances : ( 1) North 7o degrees 10 minutes West 20.00 feet; ( 2) North 11 degrees 50 minutes East 108. 11 feet; (3) North 68 degrees 31 minutes West 136.54 feet; (4) North 1'7 degrees 01. minutes East 17.55 feet to the southerly line of the land of Joseph Leo Grande; thence South fel degrees 32 minutes 20 seconds East 11. 10 feet to the point or place of beginning. TOGETHER with a right of way over the 20 foot existing right of way extending from the hereinbefore - 6 - �x P i ci "r vm n LESTER A ALBERT50N 1 q i.0 Q Clerk of $vf olk County m A,,r,,, LIBER 7661 PACE 203 RIDER attached to and forming part of Indenture made as of the first day of June, 1974 , between Mattituck Holding Co. , Inc . , party of the first part , and 41illlam L. Pape, Frederick W. Pape, Jr. , William Boscola, Jr. and John C. Hallin;in, Jr. , party of the second part . (continued ) described right of way to Mill Road, the center line of said right of way being along the division line between the lands of Joseph Leo Grande and of Mattituck Holding Co. , Inc . , and between the lands of Joseph Lem Grande and of Maurice Galburt , to the same extent that a right of way over the same was granted and conveyed to the party of the first part by Frederick R. Ketcham by deed dated October 27, 1961, and recorded on October 31, 1961, in the Office of the Clerk of the County of Suffolk in Liber 5073 page 552 of Deeds . Parcel II ALL that certain plot, piece or parcel of land shown and designated as Lot "P" on map entitled, "Map of Shore Acres, situate, Mattituck, Suffolk County, New York'' surveyed December 1913 by Roswell S . Baylis, C. E. Huntington, L. and filed in the Office of the Clerk of the County of Suffolk, New York on or about January 1914 as Map No. 41, which said lot according to said map is more particularly bounded and described as follows : BEGINNING at a point on the easterly side of North Drive (a private road) 50 feet wide distant .;32.34 feet northerly from the northerly side of Bay View Avenue which said point or place of beginning is also where the division line between Lots 0 and P as cahown on said map intersects the said easterly side of North Drive; - '7 - AM e s .A LESTER M. ALBERTS0N � D • C 0 R E D 21 194 G©rk of Suffolk cc�,ty .I11N.. . . .r ♦ .� yArs .. 1 _'-++.+ree.__+........-n.�-T...n. ..�-....-wv.�.rq..T• J LIBER 7661 PAGE 284 RIDER attached to and forming part of Indenture made as of the first day of June, 1.974 , between Mattituck Hold.Ing Co. , Inc . , party 01, the first; part, and Wi1l:iam I,. Pape, Frederick W. Pape, Jr. , W'111.am Boscola, Jr . and John C. H,'ilIlrlan, ,?r . , party of the oecond part . ( conti hued) RUNNING THENCE from :,aid point or place of beginning along the easterly side of North Drive the following two courses and distances : 1) Northerly along the arc of a circle having a radius of 216.92 feet a distance of 53.54 feet; 2) North 3 degrees 50 minutes 20 seconds East 58,44 feet to land now or formerly of Mattltuck Holding Co. , Inc . ; RUNNING THENCE along the last mentioned land the following five courses and distances : 1) North 73 degrees 12 minutes East 6'7.34 feet; 2) South 89 degrees 48 minutes 40 seconds East 42.60 feet; 3) South 80 degrees 56 minutes East 56. 10 feet; 4) South 84 degrees 01 minutes 30 seconds East 31. 25 feet; 5) South 78 degree; 24 minutes 15 seconds East 1.54.20 feet; RUNNING THENCE along the easterly line of said Lot P as shown on the aforesaid map a distance of 141 -37 feet on a tie line bearing South 42 degrees 54 minutes East 134.65 feet; RUNNING THENCE North 87 degrees 48 minutes 00 seconds West along the division line between lots 0 and P a distance of 452.06 feet to the point or place of BEGINNING. TOGETHER with easement for ingress and egress over North Drive out to the nearest, public highway. TOGETHER with all right , title and interest which the party of the first, part may have .In and to the shore of 1 rt �-f Z•� r l�. ( I 1 Ay AY .1 a Jl IJ R D E D 1974 LESTER M. ALBERTSCJIv. ,. • Jk� .111N�21 N _. Clerk of Suffolk County 5'4. LIBER 7661 PAGE 285 • RIDER attached to and forming part of Indenture made as of the first day of June, 19711 , between Mattituck Holding Co. , Inc . , party of the first part, and William L. Pape, Frederick W. Pape, Jr. , William Boscola , Jr. and John C. Hallinan, Jr. , party of the second part . ( continued) Mattltuck Creek, and any land below the high water line thereof as shown on said filed map No. 41, including the land under the waivers of said creek bounding said premises on the East . BEING and intended to be the same premises heretofore conveyed to the party of the first part by Frances P. Bird by deed dated the 13th day of November, 1963, and recorded on November l('), :1963, in the Office of the Clerk of Suffolk County, in Liber 6457 page 152 of Deeds. , pry Parcel III ALL that certain plot , piece or parcel of .land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe at the northeasterly corner of land of Magdalene Chudiak and the northwesterly corner of land of Mattituck Holding Co. , Inc. ; from said point ". of beginning running along said land of Mattituck Holding Co. , Inc . , the following 4 courses and distances : 1) South 13 degrees 39 minutes 00 seconds East 69.82 feet; thence ; .i 2) South 0 degrees 15 minutes 00 seconds West 357.00 feet; thence 3) South A degrees 26 minutes 50 seconds East 142.21 feet; thence r. 4) South 6 degrees 1.2 minutes 50 seconds East 235.80 feet to a monument and Lot 35 as shown on "Map of Shore Acres" , 4 kt p. u '4.w h° , n LESTER M Al BERTSCN ,li 0 R D E:D . u.� 2.1 1914 G « ry erk of Suffolk CmG LIBER 7661 PACE 286 R.TDER attached to and forming part of Indenture made as of the rirst day of June, 19'(4, between Mattituck Holding Co. , Inc . , party of the first Part, and W-1Iliam L. Pape, Frederick W. Pape, Jr. . William Boscola , Jr. and, John C. Hallinan, Jr. , party of the secona part . (continued) filed in the Suffolk County Clerk ' s Office as Map No. 41; thence along said lot 35 the following 2 courses and distances : 1) North 87 degrees 36 minutes 50 seconds West 106.o7, feet; thence 2) South a6 degrees 10 minutes 20 seconds West 74.67 feet to a monument and land now or formerly of Agnes McGunnigle; thence along said land now or formerly of McGunnigle, North 19 decrees 33 minutes 30 seconds West 98.79 feet to a monument ; thence North 11 degrees 03 min- utes 20 seconds East '07. 77 feet to the point of be- ginning. BEING and intended to be the same premises heretofore conveyed to the party of the first part by Magdalene Chudiak, by deed dated the 28th day of May, 1(969, and recorded on June 2, 1961), in the Office of the Clerk Of Suffolk County, in Liber 6558 page 338 of Deeds. Parcel I_V ALL that certainlot p piece or parcel of` land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a monument :.et: at the i.ntersection of the southerly line of land of Joseph Leo Grande with the easterly line of Mill Road, which monument is set the 10 - im C R E D LESTER M. ALBERTSOty �.,1►1f1. 21 1974 Gerk of Suffolk County ,fiN LIBER 7661 PACE 287 RIDER attached to ana forming part of Indenture made as of the first (la,y of June, 1.97)1, between Mattituck Holding Co. , Inc . , party of the first part , and 10 .1.1Iam 7.. Pape, Frederick W. Pape, Jr. , William Boscola , Jr. and John C. Hnllinan, Jr. , party of the second part . ( continued ) following 2 courses and distances from a monument set at the intersection of the northerly line of Bayview " Drive with the easterly lane of Mall Road, as measured along the easterly line of Mill Road ; 1) North 19 degree- 52 minutes 30 seconds East , 1.370.38 feet, to a point and 2) North 23 degrees 01 minutes 40 seconds East, 618.45 feet; RUNNING THENCE from the point, of beginning South 69 degrees 51 minutes 00 e,econds East , 734 .82 feet, along said land of Joseph Leo Grande to a point; RUNNING THENCE South 1.1 degrees 03 minutes 20 seconds West, 717. 77 feet , alone; land of Mattituck Holding Co. , Inc . , to a point; - RUNNING THENCE the following 13 courses and distances along land of Agnes McCunnigle: 1) South 058 degrees 5'1 minutes 50 seconds West, 32.34 feet;N 2) North 67 degree;; 42 minutes 30 seconds West , 45.60 feet; 3) North 79 degrees 56 minutes 10 seconds West, 107. 79 feet; 4) North 33 degrees 22 minutes 30 seconds West, 126.31 feet; 5) North 88 degrees '02 minutes 30 seconds West, '71.34 feet; 6) North 71 degrees 14 minutes 10 seconds West, 51.02 feet; 7) North o'6 degree- •'tip m=inutes 00 seconds West, 39.54 feet; 8) North 67 degrees li, minutes 30 seconds West, 52. 11 feet; 9) North 66 degrees 4o minutes 10 seconds West, 82.69 feet ; :o 1 1 {J R1 S y A. q AW! iy r �MSta 7r `tiMnldl41YY lay axi l LESTER M ALB' RTSONo I^^* -x -R Q __.JU. . zl 19 (4! (4 ^ Cork of Suffolk County I � ._ 4'}X .Yi%b4AW.1✓ LIBER 1661 PACE 2,88 RIDER attached to and formin,; part of Indenture made as of the first day of June, 197lE, between MatL:ituck Holding Co. , Inc . , party of the first part , and William L. Pape , Frederick W. Pape, Jr . , 'William F3oscola . Jr. and John C. 11l]inan, Jr. , party of the second part . ( continued) 10) North 35 degrees 11 minutes 50 seconds West, 38.51 feet; 11) North 31 degrees 31 minutes 30 seconds West, 62.97 feet; 12) North 42 degrees 23 minutes 20 seconds West, 190. 13 feet; 13) North 57 degrees33 minutes 50 seconds West, 94.70`•feet to a point ; RUNNING THENCE the following 2 courses and distances along other land of Magdalene Chudiak: 1) North 23 degrees 01 minute, 40 seconds East, 50.00 feet; and 2) North 57 degrees 33 minutes 50 seconds West, 50.00 feet to the easterly line of Mill Road; i RUNNING THENCE North 28 der;rees 01 minutes 40 seconds East, 561.45 feet, along the easterly line of Mill Road k to the monument set at the point or place of beginning. i BEING and intended to be the same premises heretofore conveyed to the party of the first part by Magdalene ' Chudiak, by deed dated the lot day of November, 1973, j and recorded on November 2, 1973 in the Office of the Clerk of Suffolk County, :in Liber '7522 page 555 of Deeds. This deed has been executed and delivered by the party of the } first part to the party of the second part for the purpose of effectuating the plan of complete liquidation of Mattituck Holding Co. , Inc . , the party of the first part hereto, in accordance with Section 333 of the Internal Revenue Code 4 of 1954 , duly adopted by the unanimous vote of all of the 12 i f } i P LESTER M ALBERTSOty i R„E C 0 R D E 0 _ _- _.1UN., 21_.1Q . _. Clerk of Suffolk Coxmry LIBER 7661 PACE 290 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD 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„ in the fol l owing shares and proportions: Unto FREDERICK W. PAPE, JR. an undivided interest therein to the extent of twenty-five and one-hall' percent (25-1/2%) thereof; Unto WILLIAM L. PAPE an undivided interest therein to the extent of twenty-five and one-half percent (25-1/20) thereof; Unto WILLIAM BOSCOLP. , JR. an undivided interest therein to the extent of twenty-four arid one-half percent (24-1/2%) thereof; and Unto JOHN C. HALLINAN, Jr. an undivided interest therein to the extent of twenty-four and one-half percent (24-1/2%) thereof. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of i the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has drily executed this deed the day and year first above written. IN PRESENCE OF: Attest: MATTITUCK HOLDING CO. , INC. kz Secretary �: '` ice President T� — _ 14 - moi.. ,r 1�IY IA4. h' LESTER M. ALBERTSON R C O R D E_Q ,w z1 is r`' Cork of Suffolk &unty , l_• - - `" .bl..,,�.r..w v.t}.sa�r' '. .. - � l�i�t6•''&kkdl�ti��.t.ax.P,a.nsita. XYf.