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HomeMy WebLinkAboutJockey Creek THIS INDENTURE made, the dey of .January, Nineteen Hundred and thirty-six,, betweeri;rTOIIN OF SOUTHOLD, County of 'Suffolk,and'State of New York, ,,by a ,majority of, its ,duly-elected Trustees and by virtue ,of Chapter 615 of the law's of New York, passed ,in 1893, and pursuant to a vote by a majority of the Board oft Trustees,: of Said"Touun of ;Southold', at a meeting;held pursuant to notice duly' given to,all its members, on the' fourth day of aanuary, 1936, , party_ of the first part; and HERMAN F. BISHOP, of Westhampton,-Suffolk County, New. York, as 3iwpeV ntbndent of Highways County of Suffolk and State .of New York, s party of the second part.` WITNESSETH, that ,WHEREAS, by reason of the construction ,of. a, certain .bridge by the County of,Suffolk •on Oaklawn Avenue,, 'at :Southold,- in the Town of " Southold, Suffolk County, New-York,' across Jockey Creek, it becomes necessary to construct a bulkhead and make-a fill- on lands under water of- said-Jockey Creek lying Northerly ofr the lands of George J. Hardy, and WHEREAS said party of the second part is; desirous, of procuring •a Grant - from' the Trustee's'of said Town- for the purpose of making said fill' and erecting a bulkhead 'over the premises hereinafter' described, f NOW, THEREFORE, PJITNESSETH, ,that the party of the first part in con- - sideration of the sum=of, ONE DOLLAR duly paid to said _party,of 'the first part, before the delivery hereof,- ,the receipt whereof is hereby duly acknowledged, has released and does ,hereby grant and release -unto the -party of the second part, ,his successors in'office., ,for the purpose of making;a fill and erecting a bulkhead on the premises herein described, all rights of' said Town in and to. said lands under water which the Town of Southold;,acquired .and how• holds by virtue of any Colonial- Patent or, Charter so long as the same shell, be used for the purposes above stated,' situa _the Town of Southold, ,County o'f Suffolk MON and State of.New York, under vrater belovl\high--water mark in Jockey.Ereek,, ' in said..Towh adjoining,'the upland of George,'J. 'Hardy, and bounded'and 'des- cribed as follows:- BEGINNING at a point -on the easterly line of Oak Lawn Avenue where the present bulkhead' on' proAerty of said George J. Hardy meets said line- of Oak Lawn, Avenue; running thence northerly along said easterly line of Oak Lawn Avenue, 23 feet; thence at a right angle easterly from last described line, 16 feet; thence on a deflection -of 45 degrees to the right from last described line, 38 feet; thence on a deflection of 50 degrees to the left from last des- cribed line, 45 feet; thence on.a deflection of 90 degrees to the right from last described line, 28 feet, more or less, to the present northeasterly corner of bulkhead on said property of George J. Hardy; thence westerly along said present bulkhead, 49.2 feet to an angle in said bulkhead; thence northwesterly along said bulkhead, 42.8 feet, more or less, to the point of beginning. Con- taining about Five Hundredths (0.05) of an acre. -With the privilege only of filling in and bulkheading the premises herein described for th'e purpose of sustaining and' supporting the bridge above- mentioned. And these presents are upon the expressed condition that the filling , grading and erection of said bulkhead shall be so done so as not to damage the premises of any adjoining owner, -and the said grantee, for himself and his successors, doth hereby, covenant with the said party of the first part that he Phe said grantee, or his successors, will not at any time maintain, erect or permit upon the premises above granted, or on the riparian rights in and about the same, the erection of any building or any structure excepting the bulkhead and fill -mentioned aforesaid. And subject to the above exceptions, reservations and covenants that 'the said party of the second part, his successors, are to have and,to hold the above granted premises with the appurtenances thereunto belonging for use as a wall and fill as herein mentioned so long as it shall be necessary to keep and maintain said bridge or any bridge which may be erected in place thereof. IN -INITNESS WHEREOF, the said Town of Southold party of the first part has by a vote of a majority of the Board of Trustees of said Town, caused its corporate seal to be hereunto affixed, and these presents to be subscribed by a majority of said Board of Trustees and the said grantee has also hereunto set his hand and seal, in duplicate, the day and year first above written. - a.•� " , , � :: _` -•'` ' ;1 ,.= �,- � i ,, • .. ,- - • ., ,�_ (Los.) - - As Trustees the ToWn�of .South =' As:;.uper3.htehden 'OfiHighways - County - of ,Suffolk, State of, New York..`, =STATE' OF NW'YORK,' :COUNTY OF SUFFOLK_ . ; On,_this day, o'f January,' 1936 ' before me 'personally• camel -FRED TABOR, •of Orient•, -,New York; Charles'J: McNulty; of-Mattituck, :New_York; - ' Nathan-Davis of'Southold New York�l Steuart W--Hortof -Cutcho ue New'York 7 7 g• 7 9 and -H., -SEYMOUR CAS$, of Greehport,, New, York, 'all_ in the .Town of Southold', Courity__'ofSuffolk ,and�,State of New,York;.-aid-Frere members of ,tYie-Board ,of Trustees of said,-Town.of !Sout_hold'and constituted .a ma jority`of the same; that.•they ,knew-`the' corporate seal =of; said, Town of,_Southold; -that the,;seal affixed to the.`foregoing ;instrument was-'such, corporate .seal;' that it' was. ' affixed thereunto' by 'order of •the-Board'of,'Trustees-of said Town.•of:Southold and__that each-one of them signed;his name thereto as'a trus,t'ee''by the•alike order. Z .a • . _ -Notary'Public, 'Suff.1Co. STATE OF 'NEPF`YORK, , SS:'- COUNTY OF SUFFOLK. - - -. On this a��'— •day of January, 1936, before'me personally came HERMAN F. ''BISHOP;as�Su:pe'rint6ndentof' HSghways, ,County. of Suffolk', of Westhampton, ''Suffolk County; •New, Xork', personally known to me and,•known, to, me to, be, the grantee named in the,,foregoing instrument 'and, described -'therein',-.and he duly acknow16dged-•to,,me that;•Yie =executed•,the same_as_ ' t. - such SUperintendent. , ' F ,Notary Public", 'Suff.Co. I \ I. TOM OF SOUTHOLD, -to- HERMAN F. BISHOP, Superintendent of Highways. GRAN T. i 6 (original) I • I I