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HomeMy WebLinkAboutBAYBERRY LANE (Shorecrest at Arshamomaque)CONSULT YOUR LAWYER BEFORE SIGNING THiS iNSTRUMENT- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY TH~IINDENTURE, ma~the 16th dayof May ,nin~eenhundredana 94 BET~IEEN SHORECREST AT ARSHAMOMOQUE ASSOCIATION,INC ~ having it's principal place of business at 590 Bayberry Lane R.R. 2 Soubhold, New York 11971 party ofthefir~part, and TOWN OF SOUTHOLD, it's principal place of business Southold~ New York 11971 a municipal corporation having at Town Hall, Main Road District 1000 Section 052.00 Block 03.00 Lot p~T 036.001 party of the second part, W1TNE$SETH, that the party of the paid by the party of the second part, doe~ or successors and assigns of the party of ALL that certain plot, piece lying and being in the Town New York known as Bayberry Lane Wild Cherry Way and. Stony Shore Drive all as shown and des Shorecrest at Arshamo~ Suffolk and State of Ruch IV , Van Yuyl and' map was filed in the consideration of Ten Dollars and other valuable consideration and relea-~e unto the party of the second part, the heirs the buildings and improvements thereon erected, situate, County of Suffolk ,and State of a certain map entitled "Map of Town of Southold,County of owned and developed by Valentine ~ensedland surveyors and which said clerk of the County of Suffolk on Aprii 6, 1971 as map ~5584. Bounded and described as follows: see description attached ~ Subject to utility easements of record Further it is the intention of this conveyance to give title to all of the land that lies in the bed of the above mentioned streets~ for their width and length in full. ~ Being a part of the premises conveyed by General Rains as Deputy Treasurer to the County of Suffolk by deed dated 3/20/85 and recorded 3/21/85 in Liber 9756 page 53 and further conveyed by deed from the County of Suffolk to Shorecrest at Arshamomoque Association, Inc. dated 11/d/93 recorded 11/22/93 in Liter 1165~ page ~19. 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. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part 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 amd 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. lin WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. SHORECREST AT AR, SHAMOMOQUE ASSOCIATION, INC JANINE HOLDER PRESIDENT STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. to me known to be ~e individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the /~ day of /¢~', ~ 199z; , before me personally came ganine Holder to me known, who, being by. me duly sworn, did depose and say that s he resides at No.88 Peters Ave Hempstead, N.Y. 11550 ; that She isthe President of Shorecrest at Arsharaomoque Association, Inc , the corporation described in and which executed the foregoing knstrument; l~-ows the~ seal of said corporation; that thc~ scalaflixcd ~o said instrument is such corporate seal; that it was-so attlxcd by order of the hoard of directors of said corpora- t/sa-c, and that .5' he signed hername thereto by like order. MAR~LYN 8. KELLY N0$ary Pub~ic~ State of New No. 4681089 QuatJfied in Suffolk County STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted., who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he,smd' watness,' /' at the same time subscribed h name as witness theretoi ~targain anl~ ~alg ~,,g~ WITH COVENANT AGAINST GR&NTOR~S ACTS T~LE No. SECTION BLOCK LOT COUNTY OR TOWN TO RETURN BY MAiL TO: Judith Terry, Southold Town Clerk Town Hall, P.O. Box 1179 Southold NY 11971 Zlp No. J~ I~OO~RfC'K VAN TUYL ~ODkF~0K 'VAN TWYL, P~ C. Licensed Lend Sur'~s¥ors GREENPORT, NE~ YORK 1 ~g44 ~5~ 4770~ 70 May I9, 1994 Description: Proposed Highways at "Shorecrest" to be Known as Stony Shore Drive~ Wild Cherry Way and Bayberry Lane The easterly line of Bayberry Lane begins at a point on the southerly line of Middle Road at the northwesterly corner of lot no. 1 shown on "Map of Shorecrest~; filed in Suffolk County Clerk's Office as map no. 5584, and running thence along lot no. 1 three courses: i) S~30°30'50'W.-35,45 feet; thence 2) S.14°25'E.-109.51 feet; thence 3) S.56°45'20'E.-61.96 feet %o the northerly line of Stony Shore Drive; the northerly line of Stony Shore Drive runs thence along lot no. I, 2,3 and 4 on sa~ map N.75°35'OO'E.-498.30 feet to the easterly line of Wild Cherry Way and the northwesterly corner of Lot no. 5; the easterly line of Wild Cherry Way runs thence along lot numbers 5,6~ ? and 8 S.14°25'00'E.-575.0 feet to Lot no. 9; thence along lot no.9 and the Park & Playground S.28°37'30"E.-348o22 feet to land now or formerly of Cassidy; the southerly line of Wild Cherry Way runs thence along said land S.73°03'20"W.-44.10 feet to land now or formerly of Mutkoski; thence along said land S.67°14'W.-55.90 feet to a Private Road and the westerly line of Wild Cherry Way; the westerly line of Wild Cherry Way runs thence along said ?rivate Road and along land now or formerlA of Matlon M.14°58~W.-35o03 feet; thence along said land N.56°45'20"W.-60.0 feet to the southwesterly corner of lot no. 10; thencea!ong lot nOo I0 ~wo courses~ 1) N.33°I4:40"Eo-78.04 feet; thence 2) No28°37'30'~W.-237.47 feet no the southeasterly corner of lot no. 11 and the westerly line of Bayberry Lane; the westerly line of Bayberry Lane runs thence along lot numbers il, 12~13,14,15 and 16 N~56°45'20"Wo-794o01 feet; thence continues along lot no. 16 two courses: 1) N.14°25"W.-127.68 feet; thence 2) N.60°56'40"W~-34.39 feet ~o Middle Road; the northerly line of Bayberry Lane runs thence easterly along Middle Road on a curve to the right having a radius of 1877.0 feet, a distance along said curve of 100~08 feet to the easterly line of Bayberry Lane and the point of beginning. Said highways no be generally 50 feet in width. To: Dom Piscatelli, Esq. B(~XES ~THRu 9 MUST BE TYPED OR I~. ~qTED IN BLACK INK ONLY PRIO~c 4~0 RECORDING OR FILING. 11718 Number of pages TORRENS 1 ~ SUFFOLK COUNTY CLERK Serial # Certificate # Prior Cfi# Deed / Mortgage Instrument 25-342 Deed / Mortgage Tax Stamp FEES Page / Filing Fee ~ Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Con~ra. of Ed. Affidavit Certified Copy Reg. Copy Other 5 O0 SubTotal ~. Sub Total ~.. GRAND TOTAL Cash ~ Cheek Real Property Tax Service Agency Verification Dist Section Block Lot __ Charge Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX Dual Town Dual County __ Held for Apportionmanf¢ Transfer Tax %¢¢~ . Mansion Tax Tim property covered by this mortgage is or will be improved by a one or two family dwelling onlyo YES or NO If NO, see appropriate tax clause ou page # of this instrument. Title Company Information Company Name Title Number RECORD & RETURN TO (ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached TO (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of In the VILLAGE or HAMLET of made by: TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the application of Shorecrest at Arshamomaque Association, Inc. for the Laying Out of Highways in Southold, Town of Southold, Suffolk County· New York, tO be known as: BAYBERRY LANE, WILD CHERRY WAY, STONY SHORE DRIVE and "DRAINAGE EASEMENT" ........................................... X CONSENT WE, the undersigned, being a majority of the Town Board of the Town of Southold, in the County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the 23rd day of February, 1995, and having duly considered the application of SHORECREST AT ARSHAMOMAQUE ASSOCIATION, INC., dated May 16, 1994, for the laying out of new highways at Southold, Town of Southold, to be known as BAYBERRY LANE, WILD CHERRY WAY, STONY SHORE DRIVE andj~ORAINAGE EASEMENT", do hereby consent that such laying out be ma~in accordance with said Petitior~er. Sup~or Thot~as wickham T~wn C[~rk Judith T~y- Ra~mond L.~Jacobs ~ ~ ~ Dated: February 23, 1995. TOWN OF SOUTHOLD: STATE OF NEW YORK ............................................ X In the Matter of the Application of Shorecrest at Arshamomaque Association, Inc. for the Laying Out of Highways in Southo~d, Town of Southold, Suffolk County, New York, to be known as: BAYBERRY LANE, WiLD CHERRY WAY, STONY SHORE DRIVE and "DRAINAGE EASEMENT" ORDER LAYING OUT THE HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD AND ORDER that the Town highways be and the same are hereby laid out at $outhold in the Town of Southold as follows: 1. The highways known as BAYBERRY LANE, WILD CHERRY WAY, STONY SHORE DRIVE and "DRAINAGE EASEMENT", as shown and designated on a certain mad entitled "Shorecrest at Arshamomaque", a subdivision situated at Southold, Town of Southold, Suffolk County, New York, surveyed by Van Tuyl g Son and filed in the Office of the Clerk of the county of Suffolk on April 6, 1971 as Map Number 5584. ~own ~uperintenoent of Highways Town of Southold Suffolk County, New York to any claim for such damages; NOW, THEREFORE, I the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE WRITTEN application having been duly made to me, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, for the laying out of Town Highways in the said Town of Southold by SHORECREST AT ARSHAMOMAQUE ASSOCIATION, INC., liable to be assessed for highway taxes in said Town. and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the ~and through which the Droposed highways are proposed to be laid out, and a copy of which is annexed hereto, and nothing having been paid RODERICK VAN TUYL (L,S.) COLIN VAN TUYL Rr'tDERI~K VAN TUYL, Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (516} 477~)170 May 19, 1994 Description: Proposed Highways at "Shorecrest" to be Known as Stony Shore Drive, Wild Cherry Way and Bayberry Lane The easterly line of Bayberry Lane begins at a point on the southerly line of Middle Road at the northwesterly corner of lot no. 1 shown on "Map of Shorecrest'; filed in Suffolk County Clerk's Office as map no. 5584, and running thence along lot no. 1 three courses: 1) S.30°30'50"W.-35.45 feet; thence 2) S.14°25'E.-109.51 feet; thence 3) S.56°45'20"E.-61.96 feet to the northerly line of Stony Shore Drive; the northerly line of Stony Shore Drive runs thence along lot no. 1, 2,3 and 4 on s~i~ map N.75°35'OO"E.-498.30 feet to the easterly line of Wild Cherry-Way and the northwesterly corner of Lot no. 5; the easterly line of Wild Cherry Way runs thence along lot numbers 5,6, 7 and 8 S.14°25'00"E.-575.0 feet to Lot no. 9; thence along lot no.9 and the Park & Playground S.28°37'30"E.-348.22 feet to land now or formerly of Cassidy; the southerly line of Wild Cherry Way runs thence along said land S.73°03'20"W.-44.10 feet to land now or formerly of Mutkoski; thence along said land S.67°14'W.-55.90 feet to a Private Road and the westerly line of Wild Cherry Way; the westerly line of Wild Cherry Way runs thence along said Private Road and along land now or formerly of Mallon N.14°58'W.-35.03 feet; thence along said land N.56°45'20"W.-60.O feet to the southwesterly corner of lot no. 10; thencealong lot no. 10 two courses: 1) N.33°14'40"E.-78.04 feet; thence 2) N.28°37'30"W.-237.47 feet to the southeasterly corner of lot no. 11 and the westerly line of Bayberry Lane; the westerly line of Bayberry Lane runs thence along lot numbers 11, 12,13,14,15 and 16 N.56°45'20"W.-794.01 feet; thence continues along lot no. 16 two courses: 1) N.14°25'W.-127.68 feet; thence 2) N.60°56'40"W.-34.39 feet to Middle Road; the northerly line of Bayberry Lane runs thence easterly along Middle Road on a curve to the right having a radius of 1877.0 feet, a distance along said curve of 100.08 feet to the easterly line of Bayberry Lane and the point of beginning. Said highways to be generally 50 feet in width. To: Dom Piscatelli, Esq. AFFIDAVIT OF CORRECTION iN RE SUBDIVISION MAP SHORECREST AT ARSHAMOMOQUE, TOWN OF SOUTHOLD NEW YORK,PROPERTY OF VALENTINE RUCH, SURVEYED BY RODERICK VAN TUYL P.C.FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON APRIL 6,1971%AS MAP ~ 5584 This Affidavit of Correction made the~day of January 1995 by Roderick Van Tuyl P.C. having a place of business at 218 Front Street, Greenport~ Town of Southold, Suffolk County, New York. Successor to VAN TUYL & SON Licensed land surveyors W I TN E S S E TH ; WHEREAS, RODERICK VAN ~UYL,being duly sworn, deposes and states that he is a licensed surveyor in the State of New York under Licens~ Number 25626, and has place of business at 218 Front Street, Greenport, New York. and K~EREAS the firm of RODERICK VAN TUYL, P.C. prepared a certain subdivision map of real property belonging to Valentine Ruch located in Southold, New York, which subdivision is known as Shorecrest at Arshamomoque; that such subdivision was approved by the Planning Board of the Town of Southold and by the Department of Health of Suffolk County, and was regularly filed in the Suffolk County Clerk's Office on April 6, 1971 as map ~5584. WHEREAS no provision was made on the filed map for the location of a Recharge Basin to be used for the collection of the run off waters of the drainage system. WHEREAS, the deponet has been authorized by the Planning Board of the Town of Southold to make certain corrections to said map which corrections are necessary to establish the location of a Recharge Basin to be used in connection with the drainage system NOW THEREFORE, RODERICK VAN YUYL P.C. hereby states that the following corrections are to be made to said map; (1) WHEREAS the location of said Recharge Basin shall be placed on the easterly 34 feet of lot 2 and the westerly 36 feet of lot 3 as said lots are shown on said map and shall be bounded and described as follows; Beginning at a point on the northerly line of Stony Shore Drive at the southeasterly corner of lot 2 and the southwesterly corner of lot 3, as shown on said map, running thence along said line of Stony Shore Drive South 75 degrees 35 minutes 00 seconds 34.0 feet west thence through lot 2 North 14 degrees 25 minutes 00seconds west 178.16 feetto the southerlyline of Middle Road; thence along said line of Middle Road North 76 degrees 07 minutes 30 seconds east 70.0 feet, thence through lot 3 south 14 degrees 25 minutes 00 seconds east 177.50 feet to Stony Shore Drive, thence along Stony Shore Drive south 75 dreeges 35 minutes 00 west 36.0 feet to the point of beginning. (2) WHEREAS in addition to the foregoing Recharge Basin and in connection with same~a correction is made to show a 5 foot wide working easement along and outside the easterly and westerly line of the Recharge Basin. IN WITNESS WHEREOF, this affidavit is made to enable the Suffolk County Clerk, to correct this map on file in his office as Map No. 5584, and the printed copies thereof and bound volumes now on file in his office in accordance with the correcting facts hereinabove set forth. RODERICK VAN TUYL STATE OF NEW YORK) SS COUNTY OF SUFFOLK) On th~ day of January, 1995, before me personally came to me known to foregoing instrument, RODERICK VAN TUYL be the individual described in and whoexecuted the and acknowledge that he executed the ANNE K. RILEY Notary Public, State of New Yor~ No. 5011092 (~ualified in Suffolk Commission Expires April 12, 1995 C.~, ~7 /14',0 : DOMINIC J. PISCITELLI TITLE SEARCHER 400 Cardinal Dr. P.O. Box 665 Mattituck, N.Y.11952 Tel 298-8526 DOMINIC J. PISCITELLI hereby certifies to the TOWN OF SOUTHOLD and the COUNTY OF SUFFOLK that he has conducted a continuation title search in the office of the Clerk of the County of Suffolk for the period commencing January 1st 1993 to and including January 6th 1995 covering as follows: All of Stony Shore Drive for it,s full length and width~ Ail of Bayberry Lane for it's full length and width, All of Wild Cherry Way for it's full length and width. as.shown on the~Map of Shorecrest filed~on~April 6th 1971 as Map ~5584 That the fee title is vested in and can be conveyed by: SHORECREST AT ARSHAMOMOQUE ASSOCIATION~INC There are no liens of record. That the only return found of record is attached hereto: Attached hereto is a diagram of premises as outlined in red. Dated 1/6/95 DOMINIC~CITELLI TITLE CONTINUATION MAP OF SHORECREST STREETS Certificate of Abondonment By ShorecresZ at Arshamomoque Association, Inc Filed 3/14/94 Certificate ~ 3511 Covers Park and Playground and the Southerly portion of Wild Cherry Way. Notwithstanding said Certificate of Abandonment Wild Cherry Way can be conveyed by Shorecrest at Arshamomoque Association, Inc to the Town of Southold for it's full length and width. Without any encumbrances. The 1994/95 Town and Scholl taxes paid 1½ 2½ due 6/1/95 Nothing else found of record 1/6/95 DOMI~ TI~EARCHER FlIED RS H.,,~A4 OiYIOC~UE fl STATE OF NEW YORK COUNTY OF SUFFOLK SS: Dominic J. Piscitelli, being duly sworn deposes and says: THAT I reside at 400 Cardinal Drive, P.O. Box 665, Mattltuck, N.Y. 11952 THAT I ,from the year 1942 to 1983 the year of my retirement, was employed with THE TICOR TITLE GUARANTEE CO. THAT at the time of my retirement I was a Vice President in charge of operations. THAT during my tenure with TICOR I became familiar with every aspect of the title searching busines. THAT since my retirement I have engaged in researching title problems on contract basis. THAT I have conducted a continuation title search on premises as set forth herewith from the date of September 24, 1990 to and including January 1, 1994. THAT the only changes of record disclose 2 returns found and s~me are attached herewith and made a part hereof. THAT I make this affidavit knowing that the TOWN OF SOUTHOLD will rely on the truth of the statements contained herein. SWORN TO B.~,~F_ORE ME THIS C~(~ RETURNS FOUND ON CONTINUATION SEARCH BY DOMINIC PISCTELLI: DEED TAX LOT 28 MAP LOT 6 NICHOLAS TZOUMAS EFFIE TZOUMAS his wife TO NICHOLAS TZOUMAS 28-08 29th STREET LONG ISLAND CITY, NY 11102 DATED 4/24/91 RECORDED 5/15/91 LIBER 11263 PAGE 122 DEED TAX LOT 036,001 COUNTY OF SUFFOLK TO SHORECREST AT ARSHAMOMOQUE ASSOCIATION, INC. 590 BAYBERRY LANE R.R.2 SOUTHOLD, N.Y. 11971 DATED 11/4/93 RECORDED 11/22/93 LIBER 11652 PAGE 819 3) SEE FOLLOWING FOR LIST OF AMENDED PRESENT OWNERS AMENDED LIST OF OWNERS Virginia 0hriker - Fee owner tax lot 22 Harutyon Kuzukoglu - Fee owner tax lot 23 Nunik Seta Kuzukoglu -Fee owner tax lot 23~ Zakariya Gunusen - Fee owner tax lot 24 ~a~i ~. Gun~n - Fee owner tax lot 24 i~hor ~ Ru~h - Mortgagee tax lot 24 Araksi Kalenderian - Fee owner tax lot 25 Asadur Klijian - Fee owner tax lot 25 Alfred Caiola - Fee owner tax lot 27 Angela Caiola - Fee owner tax lot 27 Nicholas S. Tzoumas - Fee owner tax lot 28 John Vitelas Fee owner tax lot 32 Helen Vitelas - Fee owner tax lot 32 Joseph Clifford Cornell - Mortgagee tax lot 32 Christos Tulumba - Fee owner ~ai lot 33 Ama!ia Tutumba - Fee owner ~ax lot 33 John Theodore Cornell - Fee owner tax lot 34 Antuan Klijian - Fee owner tax lot I5 Virginia Klijian - Fee owner tax lot I5 John T. Nappi-Fee owner tax lot I6 Luigi Perinuzzi- Fee owner tax lot I7 Maria P~rinuzzi fee owner tax lotI7 Republic National Barak of Neww York - Mortgagee tax lot I7 Lumgm Marinucci - Fee owner tax lot I8 Arita ~arinucci Fee owner tax I8 Everton Holder - Fee owner ~ax~.~ot'~ I9 Sahak 0zdemirci Fee owner tax lot 20 Susan Ozdemirci - Fee owner 20 Eleonor L. RUch -R~ortgagee'~tax lot 20 Hayk Kalenderia Fee owner tax lot 2I V&rginia Kalenderian - Fee owner tax lot 2I John Vrontos - Fee owner tax lot 30 Mary Ann Vrontos - Fee owner tax lot 30 Joseph C. Cornell - Mortgagee tax lot 30 Sahak 0zdemirci - Fee owner tax lot 29 Susan 0zdemirci - Fee owner tax lot 29 Eleanor L. Rueh - Mortgage tax lot 29 Virginia 0hriker - Fee owner tax lot 3I~ Shorecrest at Arshamomoque Association, inc. Fee owner tax lot 036.00I DESCRIPTION OF AREA TO BE DEDICATED Ail that certain plot, piece or parcel of lan~ situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Stony Shore Drive, Bayberry Lane and Wild Cherry Way, on a certain map entitled, "Map of Shorecrest" filed April 6, 1971 as map No. 5584 (See copy of map herewith) Title No. S-1017719-SS Security Title and Guaranty cOmPany hereby certifies to: County ofSuffo]k/SkmmofSouthold that it has searched the records of the Suffolk County Clerk's Office for a period of 20 years laat past for the purposes of determining parties who must consent to the filings of Covenants and Restrictions. Based on said records, the Company has determined that the only parties who must consent to said filing would be as follows: See Attached The liability of this Company under this search is limited to the sum of $1,000~00 for any reason. District Section Block Lot 1000 052.00 03.00 015.000 thru 025.000 inclusive and 027.000 th~a 034.000 inclusive and 036.001 Schedule "A" herewith ~fuli description of premises) Chain of Title herewith Dated: September 24, 1990 Security Titl~ & Guaranty Company ~ '~ ~ecurity Title and Gui~ran't.~, Con~pany - ~ ~ 2~.5 ()M~m-m. Av~.mm,/}).O. Box 5~:,,/Riv,.rh,.;~d N,.w Y 'k 1 ~o l,h ~ . 7~7-[u ~)~ Fax ,:~h;. 7~7 ~,',; A Ilclmslcy (TOtal>any Title No. S-1017719-SS Security Title and Guaranty Company hereby certifies to: County ofSuffolk/TownofSouthold that it has searched the records of the Suffolk County Clerk's Office for a period of 20 years last past for the purposes of determining parties who must consent to the filings of Covenants and Restrictions. Based on said records, the Company has determined that the only parties who must consent to said filing would be as follows: The liability of this Company under this search is limited to the sum of $1,000.00 for any reason. District Section Block Lot 1000 052,00 03.00 015.000 thru 025.000 inclusive and 027.000 thru 034.000 inclusive and 036.001 Schedule "A" herewith (full description of premises) Chain of Title herewith Security Title & Guaranty Company Dated:" by: Elizabeth K. Engelmann Assistant Title Officer Title No. S-1017719-SS zVirginla Ohriker - Fee owner tax lo% 22 Harutyon Kuzukoglu - Fee OWner ts~ lot 23 Nunik Sera Kuzukuglu - Fee owner ~mx lot 23 zak~riyaGunusen - Fee owner ta~ lot 24 ~Mari H. Gunusen - Fee owner tax lot 24 Eleanor L. Ruch - Mortgageetax lot 24 Araksi Kalenderian - Fee owner tax lot 25' Asadur Klijian - Fee owner tax lot 25 Alfred Caiora - Fee owner tax lot 27~ Angela Caiora - Fee c~ner %ax lot 27' Nicholas S. Tzoumas - Fee owner %ax lot 28 Effie Tzoumas - Fee ~wner tax lot 28 John Vitelas - Fee ~wner %ax lot 32 Helen vitelas - Fee owner tax lot 32 Joseph Clifford Coz-nell - Mortgagee tax lot 32 Christos Tulumba - Fee owner tax lot 33 Ama~iaTulumba - Peeownertax lot 33' Joseph Theodore Cornell - Fee owner %ax lot 34, Antuan Kilician - Fee owner tax lot 15 Virginia Kilician - Fee c~ner ~ax lot 15' John T. Nappi - Fee owner %ax lot 16 Luigi Perinuzzi - Fee owner tax lot 17 Maria Perinuzzi - Fee owner tax lot 17 Republic National Bank of New York - Mortgagee tax lot 17 Luigi Marinucci - Fee owner tax lot 18 AritaMarinucci - Fee owner tax lot 18 Everton Holder - Fee c~er tax lot 19 Sahak Ozdemirdi - Fee owner tax lot 20 Susan Ozdemirci - Fee owner tax lot 20 Eleanor L. Ruc~ - Mortgagee tax lot 20 Hayk Kalenderian - Fee owner %ax lot 21 VJrginiaKalenderian - Fee owner tax 2~ John Vrontos - Fee owner t~x lot 30 Mary Ann Vrontos - Fee owner tax lot 30 Joseph C. Cornell - Mortgagee ~ lot 30 Sahak Ozdemirci - Fee owner ~x lot 29 Susan Ozd~mirci - Fee owner tax lot 29 Eleanor L. Euch - MDrtgagee t~x lot 29 Virginia Obriker - Fee owner tax lot 3t County of Suffolk - Fee owner ~ax lot 036.001 .4 ~ > Title No'~S=m0~z719-SS DESCRIt~I'ION OF AREA TO BE DEDICATED ALL that certain plot, piece or parcel of land, situate, lying and being in the Tow~ of Southold, County of Suffolk and State of New York, known and designated as "~.~r~ -~r rnr~ ~ ~ .i.~ -~J", and Stony Shore Drive, Bayberry Lane and Wild Cherry Way, on a certain map entitled, "Map of Shorecrest" filed April 6, 1971 as Map No. 5584. (See copy of map attached) OJG oo( ~ Pagel of 2 DEDICATION AND RELEASE TOWN OF SOUTHOLD : STATE OF NEW YORK In the matter of the application of Shorecrest at Arshamomoque Association, Inc for the laying out of new highways in Arshamomoque, Town of Southold, Suffolk, New York, to be known as Bayberry Lane and Wild Cherry Way and Stony Shore Drive X Shorecrest at Arshamomoque Association, Inc with it's principal place of business at 590 Bayberry Lane R.R. 2 Southold,N.Y. 11971 being the owner of certain land in Arshamomoque, Town of Southold Suffolk County, New York, and included within which land are proposed highways known as; Bayberry Lane and Wild Cherry Way and Stony Shore Drive Described in the above entitled matter dated Now THEREFORg in consideration of One ($1.00) dollar to us i~nd hand paid to Raymond Jacobs, Superintendent of Highways of said Town of Southold and in further consideration of laying out of the new h~qhways known as Bayberry Lane and Wild Cherry Way and Stony Shore Drive do hereby release and dedicate to the Town Of Southold all the land hereto fore owned by the said Corporation within said proposed h~ghways as follows: The highways that are known as Bayberry Lane, Wild Cherry Way and Stony Shore Drive as shown and designated on a certain map entitled "Map of Shorecrest at Arshamomoque filed in the office of the Clerk of the County of Suffolk on April 6, 1971 as map ~ 5584 And the said Corporation does hereby release the said Town of Southold from any and all said highways. damages by reason of the laying out of SHORECREST A~ ARSHAMOM?QU~k~?CI~IO~!~C Janine Holder President Page State of New YorkiSs: County of Suffolk) On the ;6 day of /~Y 1994, before me personally came Janine Holder to me known, who, being by me duly sworn did depose and say that she resides at 88 Peters Avenue Hempstead, New York, 11550 and that she is the president of Shorecrest at Arshamomoque Association, inc the corporation described in and which executed the foregoing instrument and that she signed her name thereto by like order MAR~LYN B. KELLY Notaw Public, State of New No. 4-681089 QuaJ[fied in Suffo k h ~9 BOXES ~ THRU 9 MUST BE TYPED PRINT~ED IN B~ACK INK ONLY L ~OR TO RECORDING OR FIL]I~G. ' 11720 Number of pages TORRENS Ce~ificate g Prior Cff~ i Recording / Filing Stamps Page / riling Fee Handling TP-~n84 Notation EA-$217 (County) EA-5217 (State) ~ R.P.T.S.A. Corem, of Ed. Affidavit Certified Copy SubTotal ~.~ Reg. Copy ,__ Sub Total ~-"~. J Other GRANDTOTAL ~f/ .% ~ DistReal Prope~YsectionT~ Se~ce AgencYBlock Verification Lot - ~ ~o~ o~Z-~ O~-oo O~.OO~ ~/~ Date ~nifials PAra ~¥: / Cash v Check ,, Charge.__ Mortgage Amt, 1, Basic Tax 2. SONYMA Sub Total 3. Spec./Add, TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page g. of this instrument. Title Company Information Company Name Title Number O ~"~,~ ii RECORD & RETURN TO ,n~-,~ { /~",~'-,1~ (ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached O_~'d~c_.~-a~) ~ ~-~¢~'W-,O~- made by: ~eed, Mo~gage, etc.) ~~7 ~~a~c The premises herein ~s situated in SUFFOLK COUNt, NEW YO~. TO In the TOWN of In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED O[ tINTED IN ACK INK ONLY PK TO RECORDING OR FILIN(~. 1 [ S~I~FOLK COUNT~g CL~}RK 11720 ?C270 Number of pages / TORRENS ~ 26388~J '~-. P~AL ESTATE i '~ Serial # Certificate # Prior Cfi# Deed ! Mortgage Instrument 41. Handling TP-SS4 Notation EA-5217 (County) EA-5217 (State) ILP.T.S.A. 5 00 Comm. of Ed. Affidavit Certified Copy T~ANSF[~ TAX SUFFOLK 26888 =.. COUNTY D~d / Mo~gage T~ St~p II Recording / Filing Stamps FEES SubTotal ~-~. ~ Re~ Copy Sub Total Other GRAND TOTAL =. :.1 pi,, Sec.o. B,ock IO0O 05~Z 49o o ~,o0 Date Cash ~ Check Charge Payer s~e as R & R~ 0Z43 ,OOO Mortgage Amt. I. Basic Tax 2. SONYMA Sub Total 3. Spec.lAdd. TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax ~'~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling onlyo YES or NO If NO, see appropriate tax clause on page g. of this instrument. Title Company Information Company Name Title Number ti ~ ~ Ok ~ ,,a~ /{ e .~"' ~l RECORD & RETURN TO F'a~c-&~f r d C~ ~ }~ / r3-w.4 ~ ~J (ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached &-~,~-m ~ r~ made by: (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of Page 1 of 6 DECLARATION OF EASF~ENT THIS I~ENTURE made this ~ -~ day of ~ ~ , I994 between HARUTYUN KUZUGLU and NUNIK SETA KUZUKOGLU, his wi_e, residing at 480 Park avenue, ~arahasset, N.Y. II030 and ZAKARIYA GUNUSEN and MARI H. GUNUSEN, his wife, residing at 32 Colonial Drive, Farmingdale, N.Y. II735 hereinafter jointly called the "Grantor" and the TOWN OF SOUTHOLD havi~ its principal place of business at Town Hall, ~ain Road, Southold, N.Y. II97I hereinafter called the "Grantee". WHERE~S the Grantor owns in fee certain land in the Town of Southold, County of Suffolk, State of New York as shown and designated on a certain map entitled, "Map of ShoreCrest at Arshamomoque", Town of Southold, County of Suffolk and State of New York and filed in the office of the clerk of the County of Suffolk on April 6, I9?I as map No. 5584 and %uhereas HARUTYUN KUZUKOGLU and NUNIK SETA KUZUKOGL~ his wife are owners of that portion of lot 2 on said map and ZAKARIYA GUNUSEN a~d ~ARI H. GUNUSEN, his wife are the owners of that portion of lot 3 as shown on said map and which said portion of said lots 2 and 3 when taken together are the subject of the Recharge Basin Easement~ See Exhibit one for description and E~h~bit'~wo~fer map. NOW, THEREFORE, the Grantor, for and in consideration of the sum of one Dollar ( $I.00} and other valuable consideration, the receipt, whereof is hereby acknowleged, and intending to be legally bound herein grants onto the "Grantee" and their respective successors and assigns: FIRST the permanent and perpetualeasement to operate and maintain the right, privilege and authority to construct, reconstruct, operate, ~repair, replace and mai~in all necessary facz_~tzes'~' ' for the performance of the Recharge Basin and further the right to trim, cut roots or remove from time to time within or adjacent to the easement area herein described as shall be reasonably necessary to keep "Grantee's" facilities and equipment free from interference. SECOND the right to enter upon those areas described other than the area by this grant made subject to easement from time to time with men, vehicles, and equipment as may be necessary to ~xercise the easement rights herein granted, restricted however to an area five feet i~width~alengand the!Outside perimeter lines of the Recharge Basin. THIRD the Grantee shall guard adequately all the work made pursuant to this grant and shall save harmless and indemnify the Grantor from any injury to its property or the public which may at any time occur or arise out of negligence installtion, maintenance or removal of facilities pursuant to the grant. FORTH Grantor agrees not to erect or maintain within the easement area any physical obstructions, of any kind or nature whatsoever exept as the Grantee may specifically consent to in writing. FIFTH the easement, right and privilege herein granted shall at all times be a continuing covenant running with the land and shall be binding on the Grantor its succssor or assigns. Sixth~ in the event this easement is no longer needed or necessary for it's oriEinal intent or abandoned by the Grantee then all rights and privileges herein shall cease and terminate and this agreement shall no longer be in force and effect. IN WITHNESS WHEREOF, duly executed the day and (3) year first above written. IN PRESENCE LUIGi ~At%I NUC C! NUNIK SENA/'KUZ UK0~U /~ STATE OF ~EW YORK) COUNTY OF SUffOLK) SS: On this JS~ day of ~ , I994, before me came Luigi Marinucci, the subscribing witness to the foregoing instrument, being by me duly sworn, did depose and say, that he resides at 5~0 Bayberry Lane, Town-o~Southold, County of Suffolk and State of New York, that he is and then was acquainted with and knew HARUTYUN KUZUKOGLU and NUNIK SETA KUZb~0GLU his wife and ZAKARIYA GUNUSEN and MARI H. GUNUSEN his wife to be the individuals described in and who executed the foregoing instrument; and that he, the subscribing witn~sS~ was present and saw them executed the same~ and that he, the witness~ at the same time subscribed his name as witness thereto. (5) EXHIBIT ONE DESCRIPTION FOR RECHARGE BASIN All that certain plot, piece or parcel of land situate lying and being a% Arshamomoque, Town of Southold, County of Suffolk and State of New York known as and by the easterly 34 feet of lot 2 and the westerly 36 feet of lot 3 as shown and designated on a certain map entitled, "Map of Shorecres% at Arshamomoque~ Town of $outhold, County of Suffolk and State of New York and filed in the Office of %he Clerk of the County of Suffolk on April 6~ 1971 as Map ~5584 Together with an additional 5 feet in width along and outside the easterly and westerly perimeter lines of the above Recharge Basin. tt& 0 HAP OF PROPOSED -tX)' BE. klqO¥/M AS STONY SNORE ~ILD CN~RY N I GPt M,/AYS DRIVE b,,/XY' AT AFaSNAMOMOQUE TO'v~/kl OF ~QUTNOLD ss.go 44,10 u/~ c~ss~Y SCJ, LE: I00'} I' SUFE CO, TA~ MAP PATA~ I~ -OS~- P/O ~6.1 NOTE: LOT NO'~. i~.~F~P. TO MAP OF ~I~O[7~C[7~ST: FILJ~[~ IR[ EODEPJCId VAN TUYL,RC. LI C LAKII] SURV EYO f~.5 GREEIq po~, NY. - TO MI, OF ~'~' // SCALE': / i'40TE