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HomeMy WebLinkAboutL 4173 P 173 HA173 PArd M TRIS INDEHTDHE, made the $ lam"-_day of 1.u.Lest, 1955, u.aisea'„ ADA B. WELLS, residing at Bay Avenue, (no nwuh cr), PIa s0_et v: Peconic, Town of Soutbold, County of Sufi'allq Stute o£ T;ev Toric, party of the first part, and CLAYTON H. BILLARD, rosid.ing at Bu:T Avenue, (no number), Hamlet of Peconic, Town of Southold County of Suffolk, State of Siete York, party of the second P,,rt;, lV I T L E __ _ T t{ WFRREAS, the parties hereto have and hold as tenants _n common,the said ADA B. WELLS, three (3) undivided Pounds, and the said CLAYTON Ii. BILLARD, one (1) undivided fourth, certuln premises situated in the Hamlet of Peconic (East CutchoCue School. District), Town of Southold, County of Suffolk and State of New York, being premises devised. to Ada B. Wells and Lillian !9. Billard by the Will of Maria Hillard, deceased, and said Lillian W. Ballard having died intestate survived by the parties hereto as her only heirs and distributees; and WHEREAS, the parties hereto have mutually agreed to make partition of the said premises and hold their respective shares in severalty. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: FIRST: That said ADA B. WELLS, party of the first part, shall henceforth have, hold, possess, and enjoy in severalty by herself, and to her and her heirs, distributees and assigns, for her share and proportion of the said lands and premises, ALL that certain piece, parcel of tract of land, situated oin the f Southold,tOf Countyy ofiO (East Suffolk andcState ofhool New York, moore Town particularly bounded and described as followst BEGINNING at a point in the easterly line of Bay Avenue marked by a concrete monument set at the Northwest corner of the premises about to be described and the southwest corner of lands of Paul Stoutenburg, which point as measured along the easterly gt Bay--_Avenue is;northeasterly 697.9 feet from the inter- of Pine Tree RBad with the.easterly ' '"` fhenae g North 80 1Bt 60" East alon a LIRE94173'Pae 174 said lands of Stoutenburg, a distance of 566.38 feet to a po Lnt marked by a concrete monument; running thence in a generally northeasterly direction along lands hereinafter allotted to Clayton H. Hillard, a distance of 1580,72 feet, more or less, to a point marked by a concrete monument set at the southeasterly corner of lands her e inaf.t a r all o t e d t o C 1 ay-t an H. B, i l 1 ar d.; rune. Chance in a generally southerly and southwostorly direction along lands of said Kull and the mean high water mark of Little Creek to a point and lands of Alden; running thence South 840 52' 10" west along said last mentioned lands a distance of 290 feet, more or less, to a point; running thence South 290 121 40" East along said last mentioned lands a distance of 129.35 feet to a point and a line which is an exten- sion of She northerly line. of Pino Tree P.cad; running thence South 63 13' 50" west along the northerly line of Pins Tree Road to a point marked by a concrete monument set at the southeast corner of lands of Buri;uignon; running thence North 260 46' 10" Viest along the last mentioned lands, a distance of 225 feet to a point marked by a concrete monument; running thence South 630 131 15" Viest along said last m nt'one;d lands, a distance: of 200 feet to a point marked by a concrete monumont; running thence South 260 46' 10" East along said last monti.oned lands a distance of 110 foot to a point and lands of Macon 0. Wells and Goraldlno Wells; runn.n7 thence South 800 16' 40" {West alcn,, said last mentioned lands a distance of 111.67 feet to a point marl-od by a concrete monument and lands now or formerly of Ralph W. Sterling; rumiin✓ thence in ¢ genarally westerly direction along the northar ly boundary line of Bald last mentioned lands to a point in the easterly side of Bay Avenue marked by a concrete monument ,at ,t, the northwest corner of said lande of Stsrling; running thence al )nR the easterly line of Bay Avenue in a nort'iaasterly direc- tion to the point or place of beginning: said courses and di- mens_ona being in accordance with surveys made by Otto W. Van Tuyl a Son, Licensed Land Surveyors, Greenport, Nom York, November 4, 1954, and survey made by Otto V,. Van Tuyl, Licanal Surveyor, Greenport, New York, dated August 3, 1949, and others, except so much thereof as are stated to be "more or les-." SUBJECT to the ri-lht-of-way easement hereinafter described in the allotment to Clayton H. B.'.11anal and subject also to a right-of-way easement frons Pine Tree Road to lands of Alden, as described '_n deed rocorded in tine Suffolk County Clerk's Of-'Ice on August 7, 1950, in Liber 3110 of Docas at page 124.. AND the sa'.d party of' the second cart, in consideration of the premisas and of the sun of One Dollar ((N1.00) and other ;food and valuable cons ideration to him paid by the said ADA 3. WELLS for naid partition, the raoelpt whereof is hereby aclmoeQedged, do hereby give, set over, camay, release, and confirm unto the said ADA B. iii:LLS, the party of the r1rot part, her helm, dis- tributees and assigns. °oraver, t..e last above-described premises: TOGETRER with all and singular the tenements, haredi.taments, and apl"artenances thereunto, and also all the estate, ri,^ht, title and interest of the said party of the second part, be tin in law and equity, of, in, and to the above granted promises; LIS 84173 PACE1 5 TO HAVC AND TO HOLD all the above-Granted premises, together withtho appurtenances and ovary part thereof, unto the said party of the first part, her heirs, distributees and assiFms, for- ever. AND the party of the second part for hii.self, and for his heirs, distributees and assigns, covenartA promisesand agreesto and with the party of the first part that she, the said ADA A. .WELLS, her heirs, distributeas 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 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 party of the second part, his heirs, distributees and assigns, or by any other person or persons whatsoever, law- fully claiming or to claim by, from or under him, or them or by or with his or their act, privity, or procurement. covesd is t THr party of the secordpar / yM compliance with Section 13 of the Lien Law) that h e will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that Is e will apply the same first to the payment of the cost of the improvement before using any part of the total of same for any other purpose. SECOND: The said CLAYTON H. BILLARD, party of the second part, shall henceforth have, hold, possess, and enjoy in severalty by himself, and to him and his heirs, distributees and assigns, for his share and proportion of the said lands and premises, ALL that certain piece, parcel or tract of land, situated in the Hamlet of Peconic (Hast Cutehogue School District), Town of Southold, County of Suffolk and State of New York, more LRfR1173 P E1'76 particularly bounded and described as follows; BEGINNING at a point marked by a concrete monument set at the southeast corner of lands of Paul Stoutenburg, which point is the southwest corner of the premises about to be described, and as measured along a course North 800 12' 50" East isdistant 566.38 feet from a concrete monument set in the easterly side of thwestcox ' so ' BayAvueatthuetfn f'§O ' ,y '41 at apoint fee sanom� h northerly ine of Pine Tree Road with the easterly line of Bag Avenue- running thence from said point Of beginning North 33 31' 50r' West along, lands of Stoutenburg, a 50 feet to a point marked by a concrete monument and other lands of Clayton H. Billard; running thence North 57 04t 40 East along other lands of Clayton H. Billard, o distance of 1541.07 feet to a point; running thence South 41 O1' 10" East along said last mentioned lands a distance of 295.30 feet to a point marked by a concrete monument set in the boundary line between lands of Clayton H. Billard and lands of K oil formerly of Smith; running thence in a generally southwesterly direction along lands formerly of Ada B. hells and Lillian W. Billard, hereinabove described, a distance of 1580.72 feet, more or less, to the point or place of beginning; containing 9.559 acres; said courses, dimensions and area being in accordance with a survey made by Otto W. Van Tuyl & Son, Licensed Land Surveyors, Greonport, New York, dated November 4, 1954, except so much thereof as are stated to be "mors or less.