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HomeMy WebLinkAboutKIMBERLY LANE /0o0 0'70. O0 I ,00 000,000 008- 81, In the matter of the Laying Out of Certain Town Highways in the Town of Southold, County of Suffolk, State of New York DEDICATION AND RELEASE OF LAND WHEREAS, application has been duly made to the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk, New York, for the laying out of certain town highways through the lands of the undersigned, NOW, THEREFORE, Mohring Enterprises Inc, a domestic corporation with an office at 347 Glen Cove Ave, Sea Cliff, NY, d~hereby dedicate, release and convey to the Town of Southold, a municipal corporation, with its principal office at Main Road, Southold, County of Suffolk, State of New York, for highway purposes, the following lands, to wit: See Schedule A annexed hereto. The Town of Southold is hereby released from all damages by reason of the laying out of said highways. This dedication and conveyance is made in the regular course of business actually conducted by the undersigned. Dated:~ ? , 1989 MONRIN ENTERPRISES INC. STATE OF NEW YORK COUNTY OF SU~OLK personally came Richard Mohring to me known, who, being by me duly sworn, did depose and say that he resides at No.347 Glen Cove Ave, Sea Cliff, NY; that he is the Vice President of Mohring Enterprises Inc., the corporation described in and which executed the foregoing instrument that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary ~ub~ic NO. 10944 8 0 SCHEDULE "A" : DESCRIPTION OF KIMBERLY LANE AND ROXANNNE ROAD ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Kimberly Lane and Roxanne Road on a certain map entitled, "Paradise by The Bay" filed in the Suffolk County Clerk's Office on November 4, 1976 as Map Number 6463, more particularly bounded and described as follows: BEGINNING at a monument set on the southerly side of Pine Neck Road distant 295.00 feet northeast from the corner formed by the intersection of the southerly side of Pine Neck Road and the easterly side of North Bayview Road; running thence Southeasterly along an arc of a curve with a radius of 25.00 feet a distance of 39.27 feet to a monument; running thence along the westerly side of Kimberly Lane the following four courses and distances: (1) South 3 degrees 53 minutes 10 seconds East, 193.66 feet; (2) Southerly along an arc of a curve with a radius of 1540.00 feet a distance of 292.07 feet; (3) South 6 degrees 58 minutes 50 seconds West, 189.37 feet; (4) Southerly along an arc of a curve with a radius of 480.00 feet a distance of 53.24 feet to a monument; running thence southwesterly along the arc of a curve that connects the westerly side of Kimberly Lane and the northerly side of Roxanne Road, said arc of a curve has a radius of 25.00 feet, a distance of 36.54 feet; running thence along the northerly side of Roxanne Road, South 84 degrees 22 minutes 20 seconds West, 179.12 feet to a monument; running thence northwesterly along the arc of a curve that connects the northerly side of Roxanne Road and the easterly side of North Bayview Road, said arc of a curve has a radius of 25.00 feet, a distance of 39.27 feet to a monument; running thence along the easterly side of North Bayview Road, South 5 degrees 37 minutes 40 seconds East, 110.00 feet; running thence northeasterly along the arc of a curve that connects the easterly side of North Bayview Road and the southerly side of Roxanne Road, said arc of a curve has a radius of 25.00 feet, a distance of 39.27 feet; running thence along the southerly side of Ro~anne Road, North 84 degrees 22 minutes 20 seconds East, 179.12 feet; (continued) Schedule Continued... running thence southeasterly along the arc of a curve that connects the southerly side of Roxanne Road and the westerly side of Kimberly Lane, said arc of a curve has a radius of 25.00 feet, a distance of 36.54 feet; running thence along the westerly side of Kimberly Lane and along an arc of a curve with a radius of 480.00 feet, a distance of 52.24 feet; running thence South 18 degrees 14 minutes 10 seconds East, 383.97 feet; running thence southerly along an arc of a curve with a radius of 25.00 feet, a distance of 21.68 feet; running thence Southerly, Southeasterly, Easterly, Northeasterly, Northerly and Northwesterly along the southerly teriminus of Kimberly Lane and along an arc of a curve with a radius of 60.00 feet, a distance of 292.54 feet; running thence northerly along an arc of a curve with a radius of 25.00 feet, a distance of 21.68 feet; running thence along the easterly side of Kimberly Lane the following five courses and distances: (1) North 18 degrees 14 minutes 10 seconds West, 383.97 feet; (2) Northerly along an arc of a curve with a radiSs of 420.00 feet, a distance of 184.85 feet; (3) North 6 degrees 58 minutes 50 seconds East, 189.37 feet; (4) Northerly along an arc of a curve with a radius of 1600.00 feet a distance of 303.45 feet; (5) North 3 degrees 53 minutes 10 seconds West,193.66 feet; running thence northeasterly along the arc of a curve that connects the easterly side of Kimberly Lane and the southerly side of Pine Neck Road, said arc of a curve has a radius of 25.00 feet, a distance of 39.27 feet; running thence along the 86 degrees 06 minutes 50 or place of BEGINNING. southerly side of Pine Neck Road, South seconds West, 110.00 feet to the point 109441 {;290 Record and Return To: Judith T. Terry Southold Town Clerk Southold Town Hall P. O. Box 1179 Southold, New York 11971 070,00 0o0. oo 0 ~)HSULY YOUR LAWYER SEFORE SIGNING THIS INSTGUMINT--THIS INSTRUMENT SHOULD B! USES SY LAWYERS ONLY. THIS INDENTURE, made the ' da)' of' ~'~C-/'/' , nineteen hunch'ed and eighty-nine BETWEEN MONRING ENTERPRISES INC., a domestic corporation with an office at 347 Glen Cove Ave, Sea Cliff, NY partyofthefirstpart, and TOWN OF SOUTHOLD, a municipal corporation with an office at Main Road, Southold, NY party of the second part, WITNESSETH, that the lmrty of tile first part~ in consideration of Ten Dollars and other valuable consideration paid 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, ALL that certain plot, piece or parcel of laud, with the buildings and improvements thereon erected, situate, lying and heing in the Town of Southold, County of Suffolk and State of New York, known and designated as Kimberly Lane and Roxanne Road on a certain map entitled, "Paradise by the Bay" filed in the Suffolk County Clerk's Office on November ~, 1976 as Map Number 6463, more particularly bounded and described on Schedule A attached hereto and made a part hereof. This conveyance is made in the normal course of business actually conducted by the party of the firs~ part with the unanimous consent of its shareholders. 6640 REAL ES FL'[E ~OCT ~ )RANSFER TAX SUFFOLK 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 hnes thereof; TOGETHER with the appurtemmces 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 par~ covenants that the party of the first part has not done or suffered anything whereby the said promi~es 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 pat~ will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund m be applied first for the purpose of paying the cost of the improvement and will apply the ,mine first to the payment of the cost of the improvement before using any ~ of the mt'al of the same for any other pUrlX~e. The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so t'equires. IN wrrNF_=q~ WHEREOF, the party of the first part has duly execated this deed the day and year first above written. IN PRI~SENCE OF: 1094 282 STATE OF NEW YORK, COUNTY OF Onthe dayof personally came 19 , before me to me known to be ~he individual described in sad who executed ~he foregoing instr--~?, ~nd admowledged tha~ executed the same. STATE OF NEW YORK, COUNTY OF Suffolk #: ny t~t ~ ~id~ ac No. 3~7 Glen Cove Ave Sea Cliff, ~ ~he: ~ ~ ~ Vice ~esident STATE OF NIW YORK. COUNTY OF Oa the &y of 19 to me known to be the individual described ia and who e~ecuted the foregoing instrument, and acknowledged that STATE OF NEW YORK, COUNTY OF On the day of 19 , before me the sul~ctib~ng witness to the foregoing instmn~nt, with whom I sm petmonally ~iql'!!l~lr~ WhO! b~ b~ ~ dmly sworn, did &lxme and say tlmt he ~esides at No. ; that he Imows to be the individual desaibed in and who e~uted the foregoing instr, m~ng he, said sub~bing wirne~_ _~ W~ promar and saw ex. ute t~ mmv; snd that he, ~ .wit-.',~. at the ~ame time suit"nixed h name :ts witness thereto. BARGA1N~ AND $~L? DF, ED WITH COVENANT A~A~Z~$T Gi~NTOII'S A~ · ' ' TZTLENO. ' ' r F_' '. ; ' , ~ '' ' MOHRING ENTERPRISES INC TO TOWN OF SOUTHOLD TITI.[ INSUR. ANCE COMPANY R~corded at Request of COMMONWEALTH LAND ~TLE INSTANCE COMPA~ Judith T. Terry Southold Town Clerk Southold Town Hall P. O. Box 1179 Southold, New York 11971 ~ip N~ SCHEDULE "A" : DESCRIPTION O~ KIM~ERLY LANE AND ROXANNNE ROAD ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate~, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Kimberly Lane and Roxanne Road on a certain map entitled, "Paradise by The Bay" filed in the Suffolk County Clerk's Office on November 4, 1976 as Map Number 6463, more particularly bounded and described as follows: BEGINNING at a monument set on the southerly side of Pine Neck Road distant 295.00 feet northeast from the corner formed by the intersection of the southerly side of Pine Neck Road and the easterly side of North Bayview Road; running thence Southeasterly along an arc of a curve with a radius of 25.00 feet a distance of 39.27 feet to a monument; running thence along the westerly side of Kimberly Lane the following four courses and distances: (1) South 3 degrees 53 minutes 10 seconds East, 193.66 feet; (2) Southerly along an arc of a curve with a radius of 1540.00 feet a distance of 292.07 feet; (3) South 6 degrees 58 minutes 50 seconds West, 189.37 feet; (4) Southerly along an arc of a curve with a radius of 480.00 feet a distance of 53.24 feet to a monument; running thence southwesterly along the the westerly side of Kimberly Lane and Road, said arc of a curve has a radius 36.54 feet; arc of a curve that connects the northerly side of Roxanne of 25.00 feet, a distance of running thence along the northerly side of Roxanne Road, South 84 degrees 22 minutes 20 seconds West, 179.12 feet to a monument; running thence northwesterly along the arc of a curve that connects the northerly side of Roxanne Road and the easterly side of North Bayview Road, said arc of a curve has a radius of 25.00 feet, a distance of 39.27 feet to a monument; running thence along the easterly side of North Bayview Road, South 5 degrees 37 minutes 40 seconds East, 110.00 feet; running thence northeasterly along the arc of a curve that connects the easterly side of North Bayview Road and the southerly side of Roxanne Road, said arc of a curve has a radius of 25.00 feet, a distance of 39.27 feet; running thence along the southerly side of Ro~anne Road, North 84 degrees 22 minutes 20 seconds East, 179.12 feet; (continued) 1094aP .2.84'- 0 8¢hedulo "A" Continued... running thence southeasterly along' ~he arc of a curve that connects the southerly side of Roxanne Road and the westerly side of Kimberly Lane, said arc of a curve has a radius of 25.00 feet, a distance of 36.54 feet; running thence along the westerly side of Kimberly Lane and along an arc of a curve with a radius of 480.00 feet, a distance of 52.24 feet; running thence South 18 degrees 14 minutes 10 seconds East, 383.97 feet; running thence southerly along an arc of a curve with a radius of 25.00 feet, a distance of 21.68 feet; running thence Southerly, Southeasterly, Easterly, Northeasterly, Northerly and Northwesterly along the southerly teriminus of Kimberly Lane and along an arc of a curve with a radius of 60.00 feet, a distance of 292.54 feet; running thence northerly along an arc of a curve with a radius of 25.00 feet, a distance of 21.68 feet; running thence along the easterly side of Kimberly Lane the following five courses and distances: (1) North 18 degrees 14 minutes 10 seconds West, 383.97 feet; (2) Northerly along an arc of a curve with a radius of 420.00 feet, a distance of 184.85 feet; (3) North 6 degrees 58 minutes 50 seconds East, 189.37 feet; (4) Northerly along an arc of a curve with a radius of 1600.00 feet a distance of 303.45 feet; (5) North 3 degrees 53 minutes 10 seconds West,193.66 feet; running thence northeasterly along the arc of a curve that connects the easterly side of Kimberly Lane and the southerly side of Pine Neck Road, said arc of a curve has a radius of 25.00 feet, a distance of 39.27 feet; running thence along the southerly side of Pine Neck Road, South 86 degrees 06 minutes 50 seconds West, 110.00 feet to the point or place of BEGINNING. /UD1TH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE ($16) 765-180! October 31, 1989 Philip J. Cardinale, Esq. Main Road, P. O. Box W Jamesport, New York 11947 Dear Mr. Cardinale: Transmitted herewith are copies of the recorded documents with respect to the dedication of Kimberly Lane and Roxanne Road. Very truly yours, Jud,th T. Terry~' Southold Town Clerk Enclosures JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1S01 September 21, 1989 Felicia Williams Chicago Title Company 877 East Main Street Riverhead, New York 11901 Dear Felicia: In accordance with your recent conversation with our Assistance Town Attorney Rob Berntsson, I am transmitting herewith a Dedication and Release of Land, and a Deed with respect to the dedication of Roxanne Road and Kimberly Lane to the Town of Southold. Please record and return to me. I am enclosing Town vouchers which you may return to me and I will approve and submit for payment. I expect to be sending you items for recording from time to time in the future and I sincerely appreciate your assistance. If you have any questions, please do not hesitate to contact me. Very truly yours, Southold Town Clerk Enclosures /. TI, C584-CET (7/83) New Ydrk Slate' ,~";f,, Department of I~l~' TAXATION · ~ and FINANCE ILEAL pEOPEETYTRANSFER GAINS TAX AFFIDAVIT CORPORATION, ESTATE OR TRUST O STATE OF NEW YORK ) COUI~Y OF SUFFOLK) perjury that I am the · being duly sworn, depose and say under penalty of Title Corporation, ~srate the transferor of.real property located at Rcxx-nc ~oad oKimberlv Lane - Sou%hold . · ,.New York; that propert~ ~as Been, ~r is bein$ transferred ' · for a consideration of ........ ~ that it is true to the knowled$, of the affiant that such real property is exempt from the Tax on Gains Petered From Certain Real Proper~y Transfers imposed by Article 31-B of the Tax Law by reason that: (Check Appropriate Box) ~ the transfer is a transfer of real property where the 1. consideration is less than five hundred thousand dollars and which is neither (A) purauant to a cooperative or condominium plan, nor (E) a partial or successive transfer pursuant to an aEreement or plan to effectuate by partial or successive transfers a transfer which would otherwise be included in the coverase, of Article thirty-one-B of the Tax Law. 2. ~ the transfer of real property consists of premises wholly occupied and used by the transferor exclusively as his residence, includin$ a cooperative apartment or condominium occupied by the transferor exclusively as a residence. (See .footnote.) Transferor/ . , Subscribed and sworn before me this: 7~C~day of coum or, STATE OF ~E~, ~0~ 11-2237775 Transferor's These statements are made with the knowledge that a 'willfully:false representation is unlawful and ~e.punishable as the crime of perjury under Ar=icle 210 of the ~ 1 La b', · This affidavit must be filed with the recordin~ officer of the county wherein the real property transferred is located. *If only part of the premises was actuhlly occupied and used for residential purposes, Form TP-580, New York State.Real Property Transfer Gains Tax''. ' .Questionnaire - Transferor and Form TP-581, New York State Real Property Transfer Cains Tax Questionnaire - Transferee, musL be completed. See ins~rucCions, Form TP-580-I and TP-581-I. (7/8&) sck CREDIT LINE HORTGAGE CERTIFICATE This certificate ~rela~es to the mortgage'recording taxes imposed on the sale or transfer of real property subject to an outstanding credit line mortgage. See section 253-b of the Tax Law and Part 404 of Title 20 of the Official Compilation of Codes, Rules and Regulations of the State of New York for complete explanation. '' Note: This certificate is not required to be completed for a transfer of real property which is a transfer of other than a fee simple interest, l~ (we)',certify that: . (Check Appropriate Box) .~ 1. [ ] the real property· bein~ Sold or transferred· is not' ." '~'-" .'.. ' '.. ;.t :. ,,. . principally improved nor will it be improved by a one ~ r4 '~:i~ .... i ,, to six family oumer-occupied residence or dwelling. ['.~] the real property being sold or transferred is not .i-.:.. subject to an outstanding credit l~ne mortgage. ~,~...,~. ~.3'. ,' [ ] ~he real property being sold or transferred is sub~ec~ :.......,.., .: ,.-' : to an outstanding credit line 'mortia§e~ however~ an exemption from the tax is claimed for the followin$ 4. [ [. ] fhe transfer of real property is a trane}er of a fee simple ~nteresc to a person or persons who held a fee ~imple interest in the real property (whether as a Joint tenant, a tenant in common or otherwise) immediately prior to the transfer; ~. the transfer of real property ia'(A) to a person or persons related by blood, marriage or adoption to the. original obligor or to one or more of the original obligors or (B) to a per80~ or entity where a majority o£ the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons; the transfer of real property is a transfer to a trustee, in bankrup~cy~' a ~eceiver; assignee or other officer of a court; [ ] other (attach detailed explanation). The real property being transferred is presently subject to an. outstanding credit line mortgage, ' 'however, no tax is due for the following ~eaaon: [ ] -a certificate of discharge of the credit line mortgage is being offered at the time of recordiffg the deed; or [ ] a check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due and a satis£action of such mortgage. will be recorded as soon as it is available. The real property being 'transferred is s~bJect to an outstanding credit line mortgage on record at (insert liber and page or reel or other identification o£ the mortgage). The maximum principal amount expressed in ~he mortgage is, No exemption from tax.is claimed and the tax of is' being paid herewith. Signed under penalty of law, "0 September 13, 1989 Robert H. Berntsson, Esq. Office of the Town Attorney Town of Southold PO Box 1179 Southold, NY 11971 Re: Paradise By The Bay - Mohring Enterprises, Inc. Dedication of Roxanne Road and Kimberly Lane Dear Rob: This will confirm our recent telephone conversation rs the above in which you advised that the above deed of dedication had been accepted by the Town. Please forward to me a copy of the recorded deed for my file when received by the Town. If you have any questions, please do not h6sitate to contact me. Thank you for your cooperation. Sincerely PHILIP J. CARDINAL~. PJC/lg JUDITH T. TERRY TO~N CLERK REGISTRAR OF VITAL STATiSTiCS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 HAX (516) 765-1S23 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 29, 1989: WHEREAS, Mohring Enterprises, Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, to be known as "ROXANNE ROAD" and IIKIMBERLY LANE" as shown on subdivision map entitled, "Map of Paradise by the Bay", filed in the Suffolk County Clerk's Office on November ~,, 1976 as Map Number 6u,63, together with release executed by the owner thereof; and WHEREAS, the Southold Town Highway Superintendent has inspected the aforesaid highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is hereby given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk. ~Judith T. Terry ~ Southold Town Cler'~ September 5, 1989 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATI~TIC~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX ($16) 765-1823 TELEPHONE ($16) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 29, 1989: WHEREAS, Mohring Enterprises, Inc. has made application to the Town Board of.the Town of Southold to dedicate certain roads in Southold, New York, to be known as "ROXANNE ROAD" and "KIMBERLY LANE" as shown on subdivision map entitled, "Map of Paradise by the Bay", filed in the Suffolk County Clerk's Office on November q, 1976 as Map Number 6~,63, together with release executed by the owner thereof; and WHEREAS, the Southold Town Highway Superintendent has inspected the aforesaid highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is hereby given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk. ~----Judith T. Terry (~/ Southold Town Clerk September 5, 1989 TOWN OF SOUTHOLD: STATE OF NEW YORK) In the Matter of the Application of Mohring Enterprises, Inc. for the Laying out of Highways in Southold, Town of Southold, Suffolk County, New York, to be known as: Kimberly Lane and Roxanne Road. WE, the undersigned, being a majority of CONSENT 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 29~h day of August. 1989 and having duly considered the application of Mohring Enterprises, Inc. dated the 7th day of March, 1989, for the laying out of new highways at Southold, Town of Southold, to be known as Kimberly Lane and Roxanne Road, do hereby consent that such laying out be made in accordance with said application. TOWN JUSTICE Raymond W. Edwards TO~ COUNCILMAN Jean W. Coch~n.,i~ T~[N CO[~CI LMAfl' ~l~ge L. Penny IV TOWN COUNCILMAN TOWN COUNCILMAN Ellen M. /arsen TOWN OF SOUTHOLD: STATE OF NEW YORK) In the Matter of the Application of Mohring Enterprises, Inc. for the Laying out of Highways in Southold, Town of Southold, Suffolk County, New York, to be known as: Kimberly Lane and Roxanne Road. WRITTEN application having been duly made to me, the Town Superintendent of Highways for the Town of Southold, Suffolk County, New York, for the laying out of Town Highways in the said Town of Southold by Mohring Enterprises, 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 land through which the proposed highways are proposed to be laid out, and copy of which is annexed hereto, and nothing having been paid 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 AND ORDER that the Town highways be and the same are hereby laid out at Southold in the Town of Southold as follows: 1. The highways known as Roxanne Road and Kimberly Lane, as shown and designated on a certain map entitled, "Paradise by the Bay" filed in the Office of the Suffolk County Clerk on November 4, 1976 as Map Number 6463. Dated the 29th day of August , 1989 ( // ~AY J~BS Tow~ SuperintenHent of Highways Town of Southold, Suffolk County, New York ORDER LAYING OUT THE HIGHWAY WITH THE CONSENT OF THE TOWN BOARD RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 734-5211 August 29, 1989 Mrs. Judith Terry Southoid Town Clerk Town Hall Main Road Southoid, New York i197i Re: Paradise-by-the-Bay Dear Mrs. Terry: I have inspected the above named subdivision and £ind aii corrections have been satis£actoriiy made and dedication papers may be submitted. Respect£uiiy, Raymon~.Jacobs Superintendent of Highways cc: Pianning Board Town Attorney Town Board FODITH T. TERRY TO'~q CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Sou. thold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 August 17, 1989 Honorable Raymond L. Jacobs Superintendent of Highways Town of Southold Peconic Lane Peconic, New York 11958 Re: Roxanne Road $ Kimberly Lane Dear Ray: Transmitted herewith is a copy of a letter from Philip J. dated August 16, 1989, and a copy of the "as built" survey Lane and Roxanne Road, at "Paradise by the Bay". Cardinale~ for Kimber Please advise whether everything is satisfactory for me submit to the Town Board to accept dedication. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosu res cc: Philip J. Cardinale August 16, 1989 Judith T. Terry, Clerk Town of Southold PO Box 1179 Southold, NY 11971 AUG 1 ? '1989 Re: Paradise by the Bay - Mohring Enterprises, Inc. Roxanne Road & Kimberly Lane - Dedication Dear Judy: Enclosed is copy of your May 31, 1989, letter of transmittal together with attached engineer's report. I am advised by my client that he has complied with all Mr. Jacob's requirements regarding #1 and #2. I enclose herewith "as built" survey referred to in #3. Please, therefore, complete this road dedication by accepting the deed of dedication as soon as possible. Please confirm that this has been accomplished by,letter. If you have any questions please do not hesitate to contact me. Sincerely FHILIP J. C~RDINALE PJC/lg Enclosure JUDITH T. TERRY OFFIC~ OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (S16) 765-1801 May 31, 1989 Philip J. Cardinale, Esq. Main Road, P.O. Box W Jamesport, New York 119q7 Re: Roxanne Road ~, Kimberly Lane Dedication to the Town of Southold Dear Mr. Cardinale: I have discussed the above captioned matter with Superintendent of Highways Jacobs and reviewed the Planning Board file. Enclosed is a copy of the engineer's report, dated May 8, 1989, which may not have been transmitted to you. I located it in the Planning Board file. Mr. Jacobs advised he Cannot recommend dedication until those Items noted have been complied with. Very truly yours, Judith T. Terry Southold Town C:lerk Enclosure cc: Supt. of Hwys. Jacobs ,. Planning Board ~ldney B. Bomme, P.E.. (192~-1g~ Charm C Kelmey. P.E.. L.8. ! Alexindr® W. Metal, P.E. Geo~e A. Style, P.E. dec~, O. Aknont. P.E. George L F~gmn, Jr. Ph.D.P.E- Frank C, apobMnco, C.E. Thomel R. Pynchon, L$. SIDNEY B. BOWNE & SON ,45 Manor Road Smlthtown, N.Y. 11787 (516) 724-0611 Bennett Orlows~i, Chairman Planning Board TOWN OF SOUTHOLD 53095 Hain Road Southold, New York 11971 SOUTHOLD PLANNING BOARD May 8, 1989 Re: Paradise-by-the-Bay, Major Subdivision, Southold, Town of Southold, New York. (SBB NO. 87115) Dear Sir'.' A final inspection was conducted on the above major subdivision on 5/2/89. Present was Mr. Ray Jacobs, Supt. of HighwaysL:. and Mr. Ray Dean and Mr. C.S. Heffernan of this office. Our inspection reveals that the project is acceptable with the following exceptions: Due to driveway construction and landscape work, an area approximately 125' south of Kimberly Road reflects ponding as a result of rain. The developer must sOb~lt for review, a plan for correction of this condition. 2. Remove construction debris and restore and seed shoulder/swale areas, as directed. 3. Submit "as built" map signed and sealed by a licensed surveyor showing locations of the required monumentation. CSH:clg cc: Ray Dean . Ray Jacobs Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS A. BARTON, CASS, PiE. MINEOLA · SMITHTOWN · NEW YORKCITY · CLEARWATER An E~ 0~' m,r~'~r JAMES A. SCHONDEBARE ROBERT H. BERNTSSON OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road .P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 RECEIVED TO: Judith T. Terry. Tawn Clerk JUL 2 4 1989 FROM: Robert H. Berntsson, Assistant Town Attorney DATE: July 2~.. 1989 Southold T ..... t-~.l, RE: Status of Road Dedication Please have this serve as an update to my 3-30-89 memo to you on the same subject. The following is the current status according to our files, 1. Garden Court: Jay has memo to file dated 6-15-89, stating he needs consent from banks who hold mortgages, Attorney called last week stating releases were not needed. Jay will contact attorney to further discuss week of August 7. 1989. 2. Lands End at Orient Point: no change~ 3. Old Farm Road: Legal papers approved. Dispute between Ray Jacobs and Planning Board over who will pay inspection fee. I advised attorney of this and he will advise whether client will pay for inspection. u,. Orient-by-the-Sea: Received correspondence from property owners inquiring into dedication. No formal application made. 5. Roxanne Road and Kimberly Lane: Received letter of valuation from Assessors. Road failed inspection. 6. Sebastans Cove Road: Roads need improvement. Ray Jacobs to supply cost estimate to me to send property owners to determine if they wish to establish road improvement districts. The above are the only current applications we have in our file, Please advise of any discrepancies, FODITH T. TERRY TOWN CLERK OFHCE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 119'71 FAX (516) '765-1823 TELEPHONE (516) '765-1801 May 31, 1989 Philip J. Cardinale, Esq. Main Road, P.O. Box W Jamesporto New York 119u,7 Re: Roxanne Road ~, Kimberly Lane Dedication to the Town of Southold Dear Mr. Cardinale: I have discussed the above captioned matter with Superintendent of Highways Jacobs and reviewed the Planning Board file. Enclosed is a copy of the engineer's report, dated May 8, 1989, which may not have been transmitted to you. I located it in the Planning Board file. Mr. Jacobs advised he cannot recommend dedication until those items noted have been complied with. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Supt. of Hwys. Jacobs Planning Board r~dney B. Bowne. P.E., L.S. IDNEY B. BOWNE & S 45 Manor Road Smlthtown, N.Y. 11787 (516) 724-0611 Ge~ge A. ~le, P.E. Jerry D. Almonl. P.E. George L Fagan. Jr. PItD.. P.E. Frank Capobianco. C.E. Thomas fl. Pynchon, kS. Bennett Orlowski, Chairman Planning Board TOWN OF SOUTHOLD 53095 Hain Road Southold, New York 11971 SOUTHOLD i (~!.ql ?LANk'lING BOARt) May 8, 1989 Re: Paradise-by-the-Bay, Major Subdivision, Southold, Town of Southold, New York. (SBB NO. 87115) Dear Sir: A final inspection was conducted on the above major subdivision on 5/2/89. Present was Mr. Ray Jacobs, Supt. of Highway.s,. and Mr. Ray Dean and Mr. C.S. Heffernan of this office. Our inspection reveals that the project is acceptable with the following exceptions: Due to driveway construction and landscape work, an area approximately 125' south of Kimberly Road reflects ponding as a result of rain. The developer must fu-~mit Yor review, a plan for correction of this condition. 2. Remove construction debris and restore and seed shoulder/swale areas, as directed. 3. Submit "as built" map signed and sealed by a licensed surveyor sho~ing locations of the required monumentation. CSH:clq cc: Ray Dean Ray Jacobs ¥.ery truly yours, SID~,~EY B. BOWNE & SON CONSULTING ENGINEERS A. BARTON, CASS, F.'E. MINEOLA · SMITHTOWN ' NEW YORKCITY . CLEARWATER Y~ O 5~ox ~0 May 30, 1989 Ms. Judith Terry, Town Clerk Southold Town Hall Main Road Southold, New York 11971 Re: Application of Mohring Enterprises, Inc. to lay out town highways at Roxanne Road and Kimberly Lane Dear Ms. Terry, Enclosed is a copy of my cover letter to you dated March 7, 1989. Please advise as to the status. Thank you for your cooperation and assistance. Sincerely PHILIP J. CARDINALE PJC/cmg oho. March 7, 1989 Ms. Judith Terry, Town Clerk Town of Southold Town Hall Main Road Southold, NY 11971 Re: Application to Lay out Town Highways 'of Mohring Enterprises, Inc. Roxanne Road~ & Kimberly Lane, 8outhold Dear Ms. Terry Enclosed are required documents,(tncluding Application to Lay Out Town Highways, Dedication and Release of Land, title report with metes and bounds description of ~oads, Consent of Town Board, Order Laying out the Highway with the Consent of the Town Board, Deed and related affidavit conveying the roadway'0 in regard bo the dedication of Roxanne Road and Kimb~rly Lane in the Paradise by the Bay subdivision in Southold, off Pine Neck Rd, in Southold. As the bond has recently been released, I am certain that the road in in acceptable condition. Thank you for your attention. Sincerely PJC/cmg eno. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE PL~N~G BOARD OFFICE TO~ OF SOU~OLD May 22, OC¸ 1989 Hugo S. Puglia Puglia & Catalano 155 Avenue U Brooklyn, NY 11223 Dear Mr. Puglia: RE: Paradise By the Bay SCTM #1000-70-13- (20.1-20.20) The following action was taken by the Southold Town Planning Board on Monday, May 15, 1989. RESOLVED that the Southold Town Planning Board accept and request compliance with the Engineer's report dated May 8, 1989. If you have any questions, please do not hesitate to contact this o~fice. eno. cc: Ray Jacobs, jt Highway Depart. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (SI6) 76S-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 4, 1989 Hugo $. Puglia Puglia & Catalano 155 Avenue U Brooklyn, N.Y. 11223 RE: Map of Paradise By The Bay Map Filed Nov. 4, 1976 File No. 6463 SCTM#1000- .. 70-13-(20.1-20.20) Dear Mr. Puglia: To relocate~rthe "foot path to park" an amendment to the Declaration of Covenants and Restrictions~ust be filed with the County Clerk's office. Please send a copy of the filed declaration for the Planning Board's records. BENNETT ORLOWSKI, JR. CHAIRMAN ms ~ PUGL~ & C~T~L~O ATTO$~NEYS AT LAW April 28, 1989 Hon. Bennett 0rlowski, Jr. Chairman, Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of Paradise By The Bay Filed November 4, 1976 File No. 6463 Dear Sir: I have not as yet received a reply to my correspondence of January 13, 1989 in the above-captioned ma.tter..- Our client's agreement with the Declarant, with respect to the changes requested regarding the above-captioned map, terminates on May 27, 1989. It is, therefore, essential that the request be addressed as soon as possible. Would you kindly inform me as to the present status of the matter and as to anything that we can 2o to expedite the proceeding. A copy of the agreement with the Declarant and of all ether relative documents were submitted together with our written request on January 13, 1989. Respectfully yours, SPuglia HSP/rl 0 Southold, N.Y. 11971 (516) 765-1988 Robert Brown Sidney Bowie & Son 45 Manor Road Smithtown, NY 1i787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (¥mjor subdivision, minor subdivision, site plan) Hamlet - ¥~TERIAL SUBMITTED: File 1! Sketch plan Preliminary map Street Profiles-- Grading Plan Preliminary site plan Final Map., Suffolk County Tax Map No. Other '-th,e_. ~..,,'~.V-s %C,%-' dca Very truly yours, BENNETT ORLOWSKI, ~JR. ,CHAIRMAN SOUTHOLD TOWN PLANNING BOA'KD JAMES A. SCHONDEBARE ROBERT H. BERNTSSON RECEIVED MAR $ 0 1989 Soutflold Tow~. Ct,~rk OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER=OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) '/65-1939 TO: FROM: DATE: RE: Judith T. Terry. Town Clerk Robert H. Berntsson. Assistant Town Attorney March 30. 1989 Status of Road Dedications You have referred the legal documents for several different street dedications to our office. The following is the current status according to our files: Garden Court: Jay contacted attorney John Amrod advising papers needed to be revised. No response since November 1988. Lands End at Orient Point: Legal papers have been reviewed and approved, however. Town Engineers have disapproved roads until certain work is completed. Old Farm Road: We have ordered title report and are awaiting receipt of same. Roxanne Road and Kimberly Lane: Legal papers approved. Forwarded to Ray'Jacobs for review. Sebastians Cove Road: Roads need improvement before acceptance by Highway Superintendent. Attorney Dan Ross has been so notified. We have' no record of any other offers of dedication. Please advise if your records indicate differently. Telephone 516-765-1937 April 4, 1989 Robert H. Berntsson Assistant Town Attorney 53095 Main Road Southold,New York 11971 RE: Dedication of Roxanne Road and Kimberly Lane Dear Bob, The assessed value along the above named roads more than exceeds the required $40,000 assessment per mile. lo Yours truly Board of Assessors JAMES A. SCHONDEBARE ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATFORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: RE: Raymond L. Jacobs. Superintendent of Highways ~- Robert H. Berntsson. Assistant Town Attorney ~ March 30. 1989 Dedication of Roxanne Road Attached are copies of the dedication documents for Roxanne Road and Kimberly Lane. Southold. These papers have been reviewed and approved from a legal standpoint. They are now forwarded to you in accordance with step three of the procedure for final dedication of roads established by the Planning Board and Highway Committee. Feel free to contact me with any questions or comments. cc: TOwn Clerk Planning Board O JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 March 15, 1989: Jay: Attached are the dedication documents for Roxanne Road and Kimberly Lane, Southold. Please advise when they are in order so I may submit them to the-Town Board. Thank you. ~.0. ~ ~) March 7, 1989 Ms. Judith Terry, Town Clerk Town of Southold Town Hall Main Road Southold, NY 11971 Re: Application to Lay out Town Highways of Mohring Enterprises, Inc. Hoxanne Road & Kimberly Lane, $outhold Dear Ms. Terry Enclosed are required documents,(including Application to Lay Out Town Highways, Dedication and Release of Land, title report with metes and bounds description of ~oads, Consent of Town Board, Order Laying out the Highway with the Consent of the To~n Board, Deed and related affidavit conveying the roadway'~in regard to the dedication of Roxanne Road and Kimberly Lane in the Paradise by the Bay subdivision in Southold, off Pine Neck Rd, in Southold. As the bond has recently been released, I am certain that the road in in acceptable condition. Thank you for your attention. Sincerely PJC/cmg eno. In the matter of the Laying Out of Certain Town Highways in the Town of Southold, County of Suffolk, State of New York APPLICATION TO LAY OUT TOWN HIGHWAYS TO THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK: The undersigned, Mohring Enterprises Inc., a domestic corporation with an office at 347 Glen Cove Ave., Sea Cliff, NY, liable to be assessed for highway taxes in the Town of Southold, hereby apply to you to lay out highways in said Town known as Roxanne Road and Kimberly Lane as more particularly described in the annexed dedication and release. Hereto annexed and made a part hereof is a certain map showing the courses of said proposed highways. Dated: ~c~ y , 1989 MOHRING ENTERPRISES INC Vice PrOsier STATE OF NEW YORK COUNTY OF SUFFOLK On the ~ day of ~.o~..~-- ,1989, before me personally came Richard Mohring to me known, who, being by me duly sworn, did depose and say that he resides at No.347 Glen Cove Ave, Sea Cliff, NY; that he is the Vice President of Mohring Enterprises Inc., the corporation described in and which executed the foregoing instrument that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by~likeorder. tay ublic O O PEERLESS ABSTRACT CORP. 12 SYLVAN AVENUE, P.O. BOX 99, MILLER PLACE, N.Y. 11764 · (516) 473-1001 TITLE NUMBER 860 668-S PEERLESS ABSTRACT CORP. AS AGENT OF COMMONWEALTH LAND TITLE INSURANCE COMPANY Does hereby certify to: TOWN OF SOUTHOLD That it has examined the title to the premises described in Schedule "A" annexed hereto and finds that the title thereto may be conveyed by: MOHRING ENTERPRISES, INC. Who:acquired title by Deed of William F. LaMorte, William F. LaMorte, as Trustee under Indenture of of Trust dated 5/5/83, for the benefit of Tiffany Anne LaMorte and Tamara Lynn LaMorte, respectively and William LaMorte, Agent, deed dated 12/19/86 and recorded 2/10/87 in Liber 10247 cp 72. No search of real estate taxes has been made. THIS search is for information only and this Company limits its liability to the sum of One Thousand ($1,000.00) Dollars. NO policy of title insurance is to be made hereunder. DATED: February 24, 1989 PEERLESS ABSTRACT CORP. ALLAN D. GRECCO PRESIDENT REPRESENTING COMMONWEALTH LAND TITLE INSURANCE COMPANY CHAIN OF TITLE: Title Number 860 668-S LILLIAN M. HEALING TO JOHN E. RATH KENNETH E. HEALING AND GEYE JON HEALING TO JOHN E. RATH JOHN E. RATH TO WILLIAM F. LA MORTE WILLIAM F. LA MORTE TO LAMSON ENTERPRISES INC. LAMSON ENTERPRISES INC. TO WILLIAM F. LA MORTE, AGENT LA MORTE, LAMORTE AS TRUSTEE FOR THE WILLIAM F. WILLIAM F. BENEFIT OF TIFFANY ANNE LA MORTE AND TAMARA LYNN LA MORTE, WILLIAM LA MORTE, AGENT TO MOHRING ENTERPRISES INC. (LAST RECORD OWNER) D. 7/16/57 R. 11/8/57 L. 4389 cp 260 D. 11/1/57 R. 11/8/57 L. 4389 cp 265 D. 7/1/77 R. 7/6/77 L. 8263 cp 454 D. 5/7/83 R. 5/9/83 L. 9355 cp 228 D. 8/14/85 R. 8/30/85 L. 9864 cp 59 D. 12/19/86 R. 2/10/87 L. 10247 cp 72 (Covers premises and more) ROAD 4§,18~ so.F'[ 19 14 IS 44~ $44 s0, F~. 3 4 lit* ./ Y.S. LIC PECO R C. P 0 BOX 909 MAIN ROAD SOUTHOL D , NO. 4.9618 0 5.5° 53'10"E 193,66' ~ Z N 3° §3'10" W ~. 00, 193 66' 1600.00 u~ L = $03.45' 6°58 '50 ,, W. CU~8 NORTH 189. BAYVIEW L= 184,8§ R = 4BO.O0, - '$937, 5375' Tc,~s S. 5o 37'40"E. IlO. 00' ROAD 93' ELEVATIONS ARE TO N G V DATUM REFERENCED AS BUILT SURVEY OF KIMBERLY LANE ROXANN ' ROAD "SUBDIVISION FILED NOV, 4, 1976 FILE NO. 6463 AT SOUTHOL D TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. MAP OF PARADISE BY THE BAY" I000 070 SCALE I" = 60' JULY 13, 1989 2O 86 - 832 A