HomeMy WebLinkAboutL 13018 P 25 I I I I I I�I I I I!I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I •
i l l i i l i l l l l l l l l l l l l l l l l l l
SUFFOLK COUNTY CLERK
RECORDS OFFICE
z
RECORDING PAGE
Type of Instrument: RIGHT OF WAY AGREEMENT Recorded: 07/03/2019
Number of Pages : 22 At: 11 : 13 : 35 AM
Receipt Number : 19-0124140
TRANSFER TAX NUMBER: 18-37041 LIBER: D00013018
PAGE : 025
District: Section: Block: Lot:
1000 075. 00 06.00 007 . 002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $110 . 00 NO Handling $20 . 00 .NO��
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $5 . 00 NO Notation $0 . 00 NO
Cert.Copies $82 .50 NO RPT $1,400 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $1, 637 . 50
TRANSFER TAX NUMBER: 18-37041
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County ::rrp'�
�F21
d RECORDED
Number of pages
2Oi9 Jul 03 11:13.35 Rli
JUDITH R. PRSCRLE
CLERK OF
This document will be public SUFFOLK COUNTY
3018 Please remove all L DOOOP O22`5
Social Security Numbers DT# 18-37041
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing FeeQ Mortgage Amt,
1. Basic Tax
Handling 00
2. Additional Tax
TP-584 Sub Total
Notation .
Spec./Assit.
or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
AlDual Town Dual County
R.P.T.S.A. `�u 1`A� CT--) Held for Appointment
Comm.of Ed. 5. 00
Transfer Tax
Affidavit ' �„' Mansion Tax
ertified Copy The property covered by this mortgage is
— or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES or NO
Other �
Grand Total - ! If NO,see appropriate tax clause on
page# of this ins e t.
4 FTiot.-1 on ,� 001*.
I
3901239 ��- �` 0-cC� 5 Community Preservation Fund
TaxReaSerop vice
T Consideration Amount$
Tax Service R�pq A
Agency 02-JUL-19 CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RE'T'URN TO: Vacant Land
Taw Office of Peter S. Danowski, Jr.
616 Roanoke Avenue TD
Riverhead, NY 11901
TD
TD
Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title C OmParxy Information
310 Center Drive, Riverhead, NY 11901 Co.Name4&4 Arld,/��
www.suffolkcountyny.gov/clerk
Title# �.
g Suffolk County Recording & Endorsement Pagre
This page forms part of the attached Termination of Part of Right of Way
made by:
Nancy C. Pearson, party of the first part, (SPECIFY TYPE OF INSTRUMENT)
Joseph G. Brantuk a/k/a Jose h Brantuk and
The premises herein is situated in
party of the second part, Joseph G. Brant SUFFOLK COUNTY,NEW YORK.
and Timothy Coffey, party of the, fourth part
TO In the TOWN of Southold
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PO4TED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
t P TS .
R
Stat I D: 3901239 LPA A
02-JUL-19
Tax Maps
District Secton Block Lot School District
1000 07500 0600 007002 SOUTHOLD
1000 07500 0600 007004 SOUTHOLD
1000 07500 0600 007005 SOUTHOLD
1000 07500 0600 007006 SOUTHOLD
1000 07500 0600 007007 SOUTHOLD
1000 08600 0600 031001
1000 08600 0600 031002
TERMINATION OF PART OF RIGHT OF WAY
THIS TERMINATION AGREEMENT made on the $day of
2019, between NANCY C. PEARSON, presently residing at 3258 South Harbor Road,
Southold, New York 11971, party of the first part (hereinafter "PEARSON") and
JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a
PATRICIA BRANTUK, residing at 44632 Main Road, Southold, New York 11971,
parties of the second part, JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK, residing
at 44632 Main Road, Southold, New York 11971, party of the third part and TIMOTHY
COFFEY, residing at 44900 Route 25, Southold, New York 11971, party of the fourth
part (hereinafter "COFFEY"),
WHEREAS, PEARSON is the owner of a parcel of land known as SCTM No.
oCs,oa
District 1000 Section 086.00 Block 03,B Lot 003.001 on the current Suffolk County Tax
Map in the Town of Southold, more fully described herein on the Exhibit "A" description
attached hereto, and
WHEREAS, JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA
A. BRANTUK a/k/a PATRICIA BRANTUK, are the owners of a parcel of land known
as SCTM No. District 1000 Section 075.00 Block 006.000 Lot 007.002 on the current
Suffolk County Tax Map in the Town of Southold, more fully described herein on the
Exhibit"B" description attached hereto, and
WHEREAS, JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK, is the owner of
a parcel of land known as SCTM No. District 1000 Section 075.00 Block 06.00 Lot
007.004 on the current Suffolk County Tax Map in the Town of Southold, more fully
described herein on the Exhibit "C" description attached hereto, and
,� r
WHEREAS, COFFEY is the owner of parcels of land known as SCTM No.
District 1000 Section 075.00 Block 006.00 Lot 007.005, 007.006 and 007.007 and on the
current Suffolk County Tax Map in the Town of Southold, more fully described herein on
the Exhibit"D" description attached hereto, and
WHEREAS, JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA
A. BRANTUK a/k/a PATRICIA BRANTUK, JOSEPH G. BRANTUK a/k/a JOSEPH
BRANTUK and TIMOTHY COFFEY, currently own a right of way over the land of
PEARSON providing access to Richmond Creek, more fully described herein on the J
Exhibit "E" description attached hereto, and
WHEREAS, NANCY C. PEARSON is desirous of extinguishing and terminating
aop rtion of the right of way over her premises,
WHEREAS, pursuant to Southold Town Planning Board Resolution dated May 7,
2019, see attached Exhibit "F", PEARSON shall deed to JOSEPH G. BRANTUK a/k/a
JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK,
owners of SCTM No. 1000-075.00-06.00-007.002, a portion of her property burdened by
part of the right of way to Richmond Creek and PEARSON relinquishes any claim to a
right of way over the portion of the right of way to Richmond Creek so deeded.
NOW THEREFORE,
WITNESSED:
That in consideration of the mutual promises herein contained, and one dollar ($1.00)
each to the other in hand paid, receipt of which is hereby acknowledged, and other good
and valuable consideration, the said parties hereby agree as follows:
(1) That this agreement shall run with the land.
(2) That this agreement shall be recorded with the Suffolk County Clerk
simultaneously with a deed from PEARSON to JOSEPH G. BRANTUK a/k/a V/
JOSEPH BRANTUK and PATRICIA A. BRANTUK a/k/a PATRICIA
BRANTUK and simultaneously with a Covenant and Restriction executed by V
PEARSON prohibiting a dock on land of PEARSON with altered boundary.
(3) That all documents to be recorded shall become effective upon issuance of a
dock permit to JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and
PATRICIA A. BRANTUK a/k/a PATRICIA BRANTUK, by the Southold
Town Board of Trustees.
(4) JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK and PATRICIA A.
BRANTUK a/k/a PATRICIA BRANTUK, parties of the second part,
JOSEPH G. BRANTUK, party of the third part and TIMOTHY COFFEY,
party of the fourth part, do hereby agree to terminate a portion of right of way
over land of PEARSON as described as Exhibit "G". PEARSON agrees to
such termination,
IN WITNESS WHEREOF, we have hereunto set our hands the year and date first
above written.
NANC . PE SONS
//JOS4PG. TUK
a/k/a JOSE BRANTU
G}. yr�rit�Sv
PAT CIA RA TUK
a/k/ TUK
HY Y
JO EPH . BRANTU
a/ a JOSEPH BRAN U
STATE OF NEW YORK )
COUNTY OF SUFFOLK )ss.:
On the day of_ �/ f- / , in the year 2019, before me, the
undersigned, personally appeared NANCY C. PEARSON, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she executed the same
in her capacity, and that by her signature on the instrument, the individual or the person
upon behalf of which the individual acted, executed the instru ent.
Kenneth B.Zahler
Notary Pubic,New York
Suffolk No.f]1ZA4517818
Expires Feb.28,2023 Notary Pub 1c
STATE OF NEW YORK)
COUNTY OF SUFFOLK)ss.:
On the —Z- P day of L�t�u� , in the year 2019, before me, the
undersigned, personally appeared JOSEPH G. BRANTUK a/k/a JOSEPH BRANTUK,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her capacity, and that by her signature on the instrument,
the individual or the person upon behalf of which the individual acted, executed the
instrument.
Kenneth B.Zahler
Notary Public.New York Notary Pu llc
Suffolk No.01ZA4617618
Expires Feb.28.2023
STATE OF NEW YORK)
COUNTY OF SUFFOLK )ss.:
On the_Zfday of �t! _ , in the year 2019, before me, the
undersigned, personally appeared PATRICIA A. BRANTUK a/k/a PATRICIA
BRANTUK, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature
on the instrument, the individual or the person upon behalf of which the individual acted,
executed the instrument.
Kenneth B.Zahler
Notary Public,New York Notary Public
Suffolk No.01ZA4517818
Expires Feb.28,2023
STATE OF NEW YORK )
COUNTY OF SUFFOLK)ss.: 1
On the -Z-qP� day of ll , in the year 2019, before me, the
undersigned, personally appeared TIMOTHY COFFEY, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she executed the same
in her capacity, and that by her signature on the instrument, the individual or the person
upon behalf of which the individual acted, executed the instrument.
Kenneth B.Zahler
Notary Public,New York
Suffolk No.01ZA4517618
Expires Feb.28,2023
EXHIBIT A
ALL that certain plot,piece or parcel of land,with the buildings and
improvements thereon erected, situate. lying and being at Peconic,Town of Southold,
County of Suffolk and State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the southerly side of Main Road (NYS Route 25) at a
monument on the northeast corner of land now or formerly of Apolonia Stankewicz; from
said point of beginning
RUNNING THENCE the following eight (8) courses and distances:
(1) South 13 degrees 2' 25" East,319.82 feet;
(2) South 12 degrees 12' 28" East,276.00 feet;
(3) South 15 degrees 47' 28" East, 185.50 feet;
(4) South 14 degrees 10' 28" East,574.00 feet;
(5) South 15 degrees 25" 28" East,495.80 feet;
(6) South 9 degrees 40' 28" East,22LI0 feet;
(7) South 9 degrees 10' 28" East, 148.00 feet;
(8) South 9 degrees 25' 28" East,333.02 feet to the true point of Beginning.
THENCE North 63 degrees 55' 53" East,568.30 feet;
THENCE South 27 degrees 01' 47" East,233.34 feet;
THENCE South 60 degrees 31' 07" West,985.00 feet to the high water line of
Richmond Creek;
THENCE North 14 degrees 16' 00" West along the high water line of Richmond
Creek,228.80 feet;
THENCE North 59 degrees 59' 11" East 352.00 feet;
THENCE North 9 degrees 25' 28" West,45.68 feet to the point or place of
BEGINNING.
C �
EXHIBIT B /
All that certain plot piece or parcel of land, situate, lying and being in the
Town of SOUTHOLD, at PECONIC, County of Suffolk and State of New.
York, beim bounded and described as follows:
BEGINNING at a stake set in the northwest comer of the premises about to
be .described said point beim distant 2020.69 feet southerly from the
southerly side of Main Road, NYS Route 25 along the westerly side of a 50
foot wide right of way; THENCE from said point of beginning through right
of way, north 78 degrees 07 minutes 20 seconds east, 483.57 feet to lands
now or formerly of Te ry; THENCE along said lands, south 11 degrees 52
minutes 40 seconds east, 403.99 feet to lands now or formerly of Mohring
Enterprises, Inc.; THENCE along said lands and through a right of way,
south 63 degrees 55 minutes 53 seconds west, 522.74 feet to lands now or
formerly of Stankewicz; TI-INCE along said lands and along the westerly
side of a right of way, the following three courses and distances:
1) north 9 degrees 25 minutes 28 seconds west, 333.02 feet;
2) north 9 degrees 10 minutes 28 seconds west, 148.00 feet;
3) north 9 degrees 40 minutes 'A28 seconds west, 51.63 feet to -the point or
place of BEGINNING.
SUBJECT TO AND TOGETBER WdTH A RIGHT OF WAY 50 FE ET
IN WIDTT3 RUNNING FROM TYMIN ROAD TO RICM40ND
CREED, WHICH RIGHT OF WAY IS MORE PARTICULARLY
BOUNDED AND DESCRIBED IN LIBER 9857 CP 224 FOR INGRESS
AND EGRESS TO MAIN ROAD AND PJCHMOND CREED AND
INSTALLATION OF UNDERGROUND UTILI'T'IES, SAID RIGHT
OF WAY TO BE IN COMMON WITH OTHERS. THE RIGHT OF
WAY TO RICEEvIOND CP,.EEK SHALL BE FOR THE EXCLUSIVE
USE OF LOTS I, 2, 3 AND 4 THEIR GUEST AND INW-TEES AS PER
LIBER 9857 CP ?24.
EXHIBIT C LA
I
ALL that certain plot piece or parcel of land, with the buildings and improvements thereon i
erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State
of New York, more particularly bounded and described as follows:
BEGINNING at a point the following five (5) courses and distances from the intersection of
the southerly side of Main Road, NYS Route 25, and the easterly boundary of land now or
formerly of Apolinia Stankewicz:
1. South 13 degrees 2 minutes 25 seconds East 319.92 feet;
2. South 12 degrees 12 minutes 28 seconds East 276 feet;
3. South 15 degrees 47 minutes 28 seconds East 185.50 feet;
4. South 14 degrees 10 minutes 28 seconds East 574 feet;
5. South 15 degrees 25 minutes 28 seconds East 204.59 feet; from said point of
beginning,
RUNNING THENCE through lands now or formerly of Mooring Enterprises, Inc. North 78
degrees 7 minutes 20 seconds East 495.07 feet to land now or formerly of Terry;
RUNNING THENCE South 11 degrees 52 minutes 40 seconds East 460 feet;
RUNNING THENCE along land now or formerly of Mooring Enterprises, Inc., South 78
degrees 7 minutes 20 seconds West 483.57 feet to land now or'formerly of Stankewicz;
RUNNING THENCE along said lands the following two (2) courses and distances:
1. North 9 degrees 40 minutes 28 seconds West 169.47 feet;
2. North 15 degrees 25 minutes 28 seconds West 291.21 feet to the point or place of
BEGINNING.
Said premises being Lot #3 shown on minor subdivision plan prepared for Mohring
Enterprises Il, dated March 21, 1984, prepared by Young & Young, Riverhead, New York.
TOGETHER with and subject to a right of way 50' in width running from Main Road (NYS
Route 25) to Richmond Creek, which right of way is more particularly bounded and
described in Schedule A attached hereto, for ingress and egress to Main Road (NYS Route
25) and Richmond Creek and installation of underground utilities, said right of way to be in
common with others. The right of way to Richmond Creek shall be for the exclusive use of
Lots 1, 2, 3 and 4, their guests and invitees. If Lot #4 is further subdivided, only one of the
subdivided lots shall be given the right of way to Richmond Creek.
continued ......
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State
of New York, more particularly bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (NYS Route 25) at a monument
on the northeast corner of land now or formerly of Apolonia Stakewicz, from said point of
beginning,
RUNNING THENCE the following nine (9) courses and distances:
1. South 13 degrees 2 minutes 25 seconds East 319.92 feet; l
2. South 12'degrees 12 minutes 28 seconds East 185.50 feet;
seconds East 276.00 feet;
3. South 15 degrees 47 minutes
4. South 14 degrees 10 minutes 28 seconds East 574.00 feet;
5. South 15 degrees 25 minutes 28 seconds East 495:80 feet;
6. South 9 degrees 40 minutes 28 seconds East 221.10 feet;
7. South 9 degrees 10 minutes 28 seconds East 148.00 feet;
8. South 9 degrees 25 minutes 28 seconds East 378.70 feet;
9. South 59 degrees 59 minutes 11 seconds West 362.62 feet to the high water mark of
Richmond Creek;
RUNNING THENCE along said high water mark, the tie line being South 14 degrees 2
minutes 57 seconds East 100.00 feet;
RUNNING THENCE through Lots #1, 2, 3 and 4 on the aforesaid minor subdivision map
the following twelve (12) courses and distances:
ti
1. North 28 degrees 46 minutes 45 seconds East 137.31 feet;
2. North 59 degrees 59 minutes 11 seconds East 290.00 fee#;
3. North 9 degrees 25 minutes 28 seconds West 395.96 feet;
8.05 feet-
4. North 9 degrees 10 minutes 28seconds West 14 1
5. North 9 degrees 40 minutes 28 seconds West 222.46 feet;
6. North 15 degrees 25 minutes 28 seconds West 290.92 feet;
7. North 78 degrees 07 minutes 20 seconds East 25.05 feet;
8. North 15 degrees 25 minutes 28 seconds West 207.14 feet;
9. North 14 degrees 10 minutes 28 seconds West 574.16 feet;
10. North 15 degrees 47 minutes 28 seconds West 184.64 feet;
11. North 12 degrees 12 minutes 28 seconds West 274.80 feet;
12. North 13 degrees 2 minutes 25 seconds West 334.89 feet to the southerly side of Main
Road (NYS Route 25);
RUNNING THENCE along the southerly sideor place Main
Road
South
60 degrees 40 minutes
24 seconds West 52.09 feetpoint
FOR CONVEYANCING ONLY:Together with all right,title and interest of,in and to any streets and roads abutting the
above described premises,to the center line thereof.
EXHIBIT D
SCHEDULE
ALL that certain plot,piece or parcel of land,with the buildings and
improvements thereon erected, situate, lying and being at Peconic,Town of Southold,
County of Suffolk and State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the southerly side of Main Road (NYS Route 25) at a
monument on the westerly boundary of land now or formerly of Terry, and from said
point of beginning running
THENCE along said land now or formerly of Terry the following four courses
and distances:
l) South 10 degrees 46' 35" East 174.36 feet;
2) South 10 degrees 41' 07" East 691.06 feet;
3) North 74 degrees 12' 24" East 62.02 feet;
4) South l 1 degrees 52' 40" East 861.70 feet to land of Freedner; running
THENCE along said land South 78 degrees 07' 20" West 495.07 feet to land now
or formerly of Apolonia Stankewicz; running THENCE along said land the following
five (5) courses and distances:
1) North 15 degrees 25' 28" West 204.59 feet;
2) North 14 degrees 10' 28" West 574 feet;
3) North 15 degrees 47' 28" West 185.50 feet;
4) North 12 degrees 12' 28" West 276.00 feet;
5) North 13 degrees 02' 25" West 319.92 feet to the southerly side of Main Road
(NYS Route 25); running i
THENCE along the southerly side of Main Road (NYS Route 25) North 60
degrees 40' 24" East 313.66 feet to a monument and THENCE North 59 degrees 31' 57"
East 219.55 feet to the point or place of BEGINNING.
Said premises being Lot#4 shown on Minor Subdivision Plan prepared for
Mohring Enterprises 11 dated March 21, 1984,prepared by Young & Young, Riverhead,
New York.
The premises are conveyed subject to the following Covenant& Restriction:
In the event the premises conveyed herein is subdivided by the filing of a major
subdivision map with the Suffolk County Clerk's Office,owners of all lots of all said
subdivision map shall share a proportionate part for the maintenance of the road lying
within the 55' right of way long the westerly portion of the premises until such time as
the road is dedicated to the Town of Southold.
Subject to the owner of Lot#3 in the minor subdivision as follows:
In the event Lot 4 is developed as a major subdivision, Stanley Freedner and
Doreen Freedner shall have the right to purchase the lot on said major subdivision
immediately adjacent to their premises on the same terms and conditions as offered by a
bona fide third party. Seller shall give written notice of such offer to Stanley Freedner
and Doreen Freedner, who shall have fifteen (15) days from mailing of such notice by
Certified Mail,Return Receipt Requested to the address of the Freenders as reflected in
the Southold Town Assessor's Office to accept such offer,closing to occur within thirty
(30) days after acceptance. This right shall be personal to Stanley and Doreen Freedner
and shall terminate upon the sale or transfer of more than a 50% interest in the property.
Subject to the month to month tenancy of Chris Johnson at a rental of$200.00 per
month, plus $10.00 per month for use of the pump, payable on the first of the month.
TOGETHER with and subject to a right of way 50' in width running from Main
Road (NYS Route 25) to Richmond Creek,along the westerly and then northerly line of
these premises and others formerly of Rose Gradowski,for ingress and egress to Main
Road (NYS Route 25) and Richmond Creek and installation of underground utilities,said
right of way to be in common with others. The right of way to Richmond Creek shall be
for the exclusive use of Lots 1,2,3 and 4,their guests and invitees. If the premises
conveyed herein (Lot#4) is further subdivided,only one of the subdivided lots shall be
given the right of way to Richmond Creek.
The party of the first part reserves the right to reduce the 50' right of way as it
runs from the northerly boundary of Lot#3 to Richmond Creek to a 25' right of way as
described in Schedule A attached hereto,subject to the approval of the Southold Town
Planning Board. The party of the first part reserves the right to dedicate a road within the
50' right of way along Lot#4 to the Town of Southold.
The premises are conveyed subject to the following covenant and restriction
which shall run with the land for a period of five (5) years from the date hereof that no
building or structure shall be erected upon the premises without the prior approval of the
plans and specifications by the party of the first part,its successors and assigns,which
shall not be unreasonably withheld,provided that the buildings and/or structures shall be
of a conventional design (including but not limited to a ranch,colonial, split level,
saltbox,etc.); in the case of a house,that it shall have a livable first floor area of 1200 sq.
ft. (900 sq.ft. in the case of a two-story dwelling),that any building or structure shall be
reasonably situated on the premises; and that all such building or structure shall be
reasonably situated on the premises; and that all such buildings or structures shall be in
compliance with local building codes.
BEING and intended to be a portion of the same premises conveyed to the party
of the first part by deed dated 10126184,recorded 10/29/84 in Liber 9667 Page 327.
fl-Q,, Oh e&4vwz Q1-04 mss`14' /—_1117aa�A -V2,57 re '44 �s-
This conveyance is made in the regular course of business actually conducted by
the party of the first part and upon consent of all its stockholders,that the proposed
conveyance does not constitute all or substantially all of the assets of said corporation.
Description of the Right of Way affecting Lots#1,2, 3 and 4 of the Minor Subdivision
Plan prepared for Mohring Enterprises dated July 18, 1985 by Young & Young, P.C. at
Peconic, New York,
Schedule A
(Description of Premises)
ALL that certain plot,piece of parcel of land,with the buildings and
improvements thereon erected, situate, lying and being at Peconic,Town of Southold,
County of Suffolk and State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the Southerly side of Main Road (NYS Route 25) at a
monument on the northeast corner of land now or formerly of Apolonia Stankewicz,from
said point of beginning running THENCE the following nine (9) courses and distances:
1) South 13 degrees 02' 25" East 319.92 feet;
2) South 12 degrees 12' 28" East 276.00 feet;
3) South 15 degrees 47' 28" East 185.50 feet;
4) South 14 degrees 10' 28" East 574.00 feet;
5) South 15 degrees 25' 28" East 495.80 feet;
6) South 09 degrees 40' 28" East 221.10 feet;
7) South 09 degrees 10' 28" East 148.00 feet;
8) South 09 degrees 25' 28" East 378.70 feet;
9) South 59 degrees 59' 11" West 362.62 feet to the high water mark of
Richmond Creek; running
THENCE along said high water mark,the tie line being South 14 degrees 02' 57"
East 100.00 feet to a point; running
THENCE through Lots#1,2,3 and 4 on the Minor Subdivision Plan prepared for
Mohring Enterprises II by Young & Young,dated July 18, 1985,the following twelve
(12) courses and distances:
1) North 28 degrees 46' 45" East 137.31 feet;
2) North 59 degrees 59' 11" East 290.00 feet;
3) North 09 degrees 25' 28" West 395.96 feet;
4) North 09 degrees 10' 28" West 148.05 feet;
5) North 09 degrees 40' 28" West 222.46 feet;
6) North 15 degrees 25' 28" West 290.92 feet;
7) North 78 degrees 07' 20" East 25.05 feet;
8) North 15 degrees 25' 28" West 207.14 feet;
9) North 14 degrees 10' 28" West 574.16 feet;
10)North 15 degrees 47' 28" West 184.64 feet;
11)North 12 degrees 12' 28" West 274.80 feet;
12)North 13 degrees 02' 25" West 334.89 feet; to the southerly side of Main
Road (NYS Route 25); running
THENCE along the southerly side of Main Road South 60 degrees 40' 24" West
52.09 feet to the point or place of BEGINNING.
EXHIBIT E
ALL that certain plot, piece or parcel of land,with the buildings and
improvements thereon erected,situate,lying and being at Peconic,Town of Southold,
County of Suffolk and State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the Southerly side of Main Road (NYS Route 25) at a
monument on the northeast corner of land now or formerly of Apolonia Stankewicz,from
said point of beginning running THENCE the following Nine (9) courses and distances:
1) South 13 degrees 2' 25" East 319.92 feet; 2) South 12 degrees 12' 28" East 276.00
feet; 3) South 15 degrees 47' 28" East 185.50 feet; 4) South 14 degrees 10' 28" East
574.00 feet; 5) South 15 degrees 25' 28" East 495.80 feet; 6) South 9 degrees 40' 28"
East 221.10 feet; 7) South 9 degrees 10' 28" East 148.00 feet; 8) South 9 degrees 25' 28"
East 378.70 feet; 9) South 59 degrees 59' 11" West 362.62 feet to the high water mark of
Richmond Creek; running
THENCE along said high water mark,the tie line being South 14 degrees 2' 57"
East 104.01 feet; running
THENCE through Lots #1 ,2,3 and 4 on the aforesaid minor subdivision map the
following eleven (11) courses and distances: 1) North 59 degrees 59' 11" East 140.86
feet; 2) North 30 degrees 00' 49" West 50.00 feet; 3) North 59 degrees 59' 11" East
285.00 feet;4) North 9 degrees 25' 28" West 413.22 feet; 5) North 9 degrees 10' 28"
West 148.11 feet; 6) North 9 degrees 40' 28' West 223.83 feet; 7) North 15 degrees 25'
28" West 497.77 feet; 8) North 14 degrees 10' 28" West 574.16 feet; 9) North 15 degrees
47' 28" West 184.64 feet; 10) North 12 degrees 22' 28" West 274.80 feet; l 1) North 13
degrees 02' 25" West 334.89 feet to the southerly side of Main Road (NYS Route 25);
running
THENCE along the northerly side of Main Road South 60 degrees 40' 24" West
52.09 feet to the point or place of BEGINNING.
EXHIBIT F
OFFICE.LOCATION: MAILING ADDRESS:
Tawii Ball Annex P.O.'Box'117-9`:
54375:5 0 Route'25 r. d Southold,NY 119.71
(cor:Main ltd;:&.You.ngs Ave.)
Southold,NY { Telepho�e:_B31-7651938
- ovo
. g
wwwsoutholdtw�ti`
�•r�s 'fit . y,
PLANNTN,G:,BUAR '.OFFICE-
TOWN'OF SOUTHOLD
May 7; 2019
Peter Danowski, Esq.
3
i
-616 Roanbke-Ave.
Riirerhead,'.NY 11901
Re: Conditional,Final Approval - BrAntuk& Pearson Resubdivision
L66at6d'at 44632 &44332 Route 25 1n Pecoh1c
SC TM & 7'51-6-7-2 Zoning District: AC
1
Dear Mr. Danowski:
The-Southold Town Planning Board adopted the following resolutions at a meeting held
on Monday, May 6, 2019:
WHEREAS, this proposal is.for the resubdivision of SCTM#1000-86.-3-31 & 1000-75.-6-
7.2; where 0.27 acre_ s is proposed for transfer from Lot 1 (86.-6-31) to Lot 2 (75.-6-7.2);
and
WHEREAS, Lot 1 will decrease in size from 5.23 acres to 4.96 acres and Lot 2
increased from 5.30.acres to 5.57 acres in the AC Zoning District; and
WHEREAS, this property is located at the end of the private r.o.w. beginning at S.R. 25
+l- 930' east of Wells Avenue, in Peconic; and
WHEREAS, this resubdivision proposes to eliminate the portion of the right of way to
Richmond Greek located on Lot 1; and
WHEREAS, the 50' right of way was originally created for the minor subdivision for
Mohring Enterprises 11 approved by the Planning Board on May 10, 1985; and 7
Brantuk& Pearson Resubdivision Page 12 May 7, 201.9
WHEREAS, as a result of this resubdivision, the existing property line of Lot 2 will be
extended as a flag to incorporate a 25'wide section of the former 50' right of way
currently located on Lot 1 that extends to Richmond Creek; and
WHEREAS, where the right of way meets Richmond Creek, there is a "tum-around"
area of 100' x 120', of which 40' x 80' will be included in Lot 2, and the remainder of the
section of the right of way to Richmond Creek located on Lot 1 will be extinguished; anal
WHEREAS, on April 27, 2011, the applicant submitted a resubdivision application and
fee; and
WHEREAS, on June 10, 2011, the Planning Board found the resubdivision application
complete; and
WHEREAS, on July 13, 2011, the application was referred to all involved and interested
agencies; and
WHEREAS, at their Public Meeting, the Planning Board set the Public Hearing for the
application to be held on August 8, 2011; and
WHEREAS, on July 25, 2011, the Planning Board asked for additional materials and
required the applicant file a covenant that would require the restriction of a dock on Lot
1, as this lot line change would create the ability for the non-waterfront lots to create a
dock, and an additional dock on Lot 1, which was not permitted in the original
subdivision due to the configuration of the lots and the right of way to the water; and
WHEREAS, on August 8, 2011, the Public Hearing was held and closed upon the
application; and
WHEREAS, the applicant did not submit the materials required by the Planning Board
from July 25, 2011 and the application became inactive; and
WHEREAS, on July 1, 2013, the application was re-activated by request of the applicant
and the Planning Board required revised draft deeds; and
WHEREAS, on September 23, 2013, at their work session, the Planning Board
expressed that they would deny the application if the applicant does not agree to a
covenant preventing a dock on Lot 1 due to environmental concerns; and
WHEREAS, the applicant did not submit the materials required by the Planning Board
and the application became inactive; and
WHEREAS, on September 3, 2014, the applicant sent a letter requesting that the
application be reactivated; and
Brantuk & Pearson Resubdivision Page 3 May 7, 20119
WHEREAS, on September 12, 2014, the Planning Board responded to the applicant
and reiterated the findings of the September 23rd work session; and
WHEREAS, on October 1, 2014, the Planning Board sent a letter to inform the applicant
that the resubdivision application had expired and that a new application would be
required to be submitted; and
WHEREAS, on September 18, 2017, the application was permitted to be re-activated
without the submission of a new application; and
WHEREAS, on October 30, 2017, at their work session, the Planning Board agreed to
classify this action as an Unlisted Action under SEQRA and required revisions to the
draft deed and the re-subdivision map; and
WHEREAS, on December 4, 2017, the Planning Board sent the applicant a complete
list of required corrections to the map and draft deed, as required at the October 30,
2017 work session, and provided the applicant with a draft covenant and restrictions;
and
WHEREAS, on December 28, 2017, the applicant submitted a revised plan; and
WHEREAS, on January 11, 2018, the application was referred to the Suffolk County
Planning Commission for comment; and
WHEREAS, on January 24, 2018, the Suffolk County Planning Commission responded
without comment; and
WHEREAS, on May 18, 2018, the applicant submitted a revised draft deed and draft
covenant and restriction to the Planning Department; and
WHEREAS, on June 4, 2018, the Planning Board reviewed the application and required
a Schedule A be submitted for the draft covenants and restriction; and
WHEREAS, on July 9, 2018, the Planning Board required corrections to the plan and
required a Schedule F be submitted for the extinguished part of the right-of-way; and
WHEREAS, on April 3, 2019, the applicant submitted an termination agreement for the
part of the right of way to be extinguished, all required schedules, and revised draft
deeds; and
WHEREAS, pursuant to the resubdivision Policy set by the Planning Board in February
2011, this application is not eligible for a decision from the Planning Board prior to
receiving approval by the Suffolk County Department of Health Services (SCDHS); and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, may waive certain elements of the subdivision review if
Brantuk & Pearson Resubdivision Page 14 May 7, 201!9
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application,the
Planning Board has determined that it is eligible for a waiver of the Environmental
Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Areal
Plan, the public hearing, and the Sketch Pian and Preliminary Plat steps of the
subdivision process for the following reasons:
1. No new lots are being created;
2. No changes will occur as a result of this tot line change that would adversely
affect the character of the neighborhood; and
WHEREAS, pursuant to 617.5(c)(16), changes in SEQRA law effective as of January 1 ,
2019, lot line modifications are now classified as Type 11 actions;
WHEREAS, this application is EXEMPT from review by the Local Waterfront
Revitalization Program as no new development potential will come as a result of this re-
subdivision; and
WHEREAS, on April 22, 2019, the Planning Board review the application and
determined that the proposed action meets all the necessary requirements of Town
Code§240-57 for a resubdivision; and
WHEREAS, pursuant to State Environmental Quality Review Act(SEQRA) 6 NYCRR,
Part 617.5(c)(16) the granting of individual lot line adjustments are listed as a Type II
Action; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type 11 Action under SEQRA as described above; and be it further
RESOLVED, that the Planning Board hereby waives the requirements of Town Code
§240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan
and Preliminary Plat steps; and be it further
RESOLVED, that the Southold Town Planning Board hereby waives the requirement to
receive approval from the Suffolk County Department of Health Services prior to
approval of this re-subdivision by the Southold Town Planning Board; and be it further
RESOLVED, that the Southold Town Planning Board grants a Conditional Final
Approval on the map entitled "Joseph Brantuk & Nancy C. Pearson," prepared by
Howard W. Young, Land Surveyor, dated November 3, 2009, and last revised May 16,
2018, with one condition:
1. File the covenant and restriction in the Office of the Suffolk County Cleric.
Brantuk & Pearson Resubdivision Page 15 May 7, 20109
The applicant shall have 180 days to meet the conditions. The Planning Board
may extend this time for no more than two additional periods of 90 days each.
Upon a finding that all conditions have been met, the Planning Board will
schedule the application for a Final Determination at the next available Public
Meeting.
Please Note: The Southold Town Planning Board, in waiving the requirement for
SCDHS approval prior to their own approval, is simply waiving a technical
requirement of Final Plat Approval under the Town Code and makes no
representations as to whether SCDHS approval is required. SCDHS approval of
this resubdivision may be necessary to be in compliance with the Suffolk County
Sanitary Code, and to be eligible for future construction or renovations.
The statement below must be signed by the property owners to validate this approval
resolution.
I understand that Southold Town Planning Board approval of this Resubdivision
does not grant, guarantee or waive an approval, if required, from the Suffolk
County Department of Health Services (SCDHS). I understand that I will need to
apply separately to the SCDHS for any applicable approvals.
Signature of(P rty Owner 1) Print Name
Signature of(Property Owner 2) Print Name
If you have any questions regarding the above, please contact this office at 765-1938.
Respectfully,
Donald J. Wilcenski
Chairman
r
EXHIBIT G
November 9, 2011
JOSEPH BWn UK &NANCY C. PEARSON
at Peconic, Town of Southold
Suffolk County, New Y4ric
Surveyor's Description _
Boundary Alteration Map
Joseph Brantuk&Nancy C.Pearson
Right of Way#3 (Right of Way Being a Portion of the Right of Wa
"Mohring Enterprises TIO Over Lot I Being Extinguished for Lot I)y Shown on Minor Subdivision,
ALL that certain plot. piece or Parcel of land with the buildings and improveme
erected, situate, lying and being at Peconic, Town of Southold, nts there-on
York, being a portion of Lot 1, as shown on Minor Subdiviio 'County of Suffolk and State of 1�Iew
Office of the Town of Southold mflt ..>?at7icuIarly bounded.andd ohnng Enterprises II"filed in the
described as follows: _.__..__.....
BEGINNING at a point on the division line between I.or !, Min
Entetprises II"and Lot 2, Minor Subdivision, "Mohring Enterprises °T Subdivision, "Mohring
63 deg. 55 min. 53 sec. Fast as measured alo. lieII", said point being situate Nom
. g said division line 26.09 feet from the easterly line of.
Ind now or formerly Little Bear Realty, Inc.; _
-.. RUNNING thence from said point of beginning North 63de
division line 26.10 feet to a point; - g.55 min. 53 sec. East along said
t, RUNNING thence through Parcel A the following four(4)caru= and distan ,
ces. ,
1. South 09 deg. 25 nein. 28 sec. East 95.26 Feer,
2- South 59 deg. 59 min. I I sec. West 285.00 feet,
3. South 30 deg. 00 min. 49 sec. East 5000 feet,
4. South 5!�deg. 59 min. i 1 sec. West 119.31 feet to the approximate highw
,Richmond Creek; water
mark of
RUNNING thence along the high water mark of Richmond Creek the f
line courses and distances: ollowing two(2) de_ .
17 deg. 41 min. 26 sec. West 28.45 feet,
2. North 15 deg. 48 min. 44 sec. West 33.22 feet to Parcel B;
Page 2
November 9, 2011
RUNNING thence along Parcel B the following four(4)courses and distances:
I. North 59 deg. 59 min. I I sec. East 82.77 feet,
2. North 30 deg. 00 min. 49 sec. West 15.00 feet,
3. North 59 deg. 59 min. I I sec. East 290.00 feet,.
4. North 09 deg. 25 rain. 28 sec. West X47 feet to the point or Place of Be .
gi nning.