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HomeMy WebLinkAboutSEBASTIANS COVE ROAD )WN OF SOUTHOLD: STATE OF NEW YORK £n the Matter of the Application of ~EBASTIAN'S COVE PROPERTY OWNERS SSOCIA.TION, IN.C. for. Laying Out of DEDICATION New Highway in Mattltuck, Town of RELEASE outhold, Suffolk~County, New York, o be known as: SEBASTIAN'S COVE ~OAD. WHEREAS, application has been made to the Town ~uperintendent of Highways of the Town of Southold, in ~uffolk ~-~u~.~ ......., ,,~ York, ior the laying out of a to~rn lighway to extend through the lands of Sebastian's Cove ?roperty Owner's Association, Inc. NOW, THEREFORE, Sebastian's Cove Property Owners .ation, Inc. }~ M~ll Road East, Mattituck, New York, [1952, c/o Environment East, RR#3 - 3075, Indian Nec}: Lane, , New York 11958, owner of the lands to be included rithin the highway, for TEN AND 00/100 ($10.00) DOLL~RS and ~ther good and valuable consideration does hereby dedicate, · elease and convey to the Town of Southold~and its ~uccessors forever, for highway purposes, the following .ands, to wit: ~ ?]0~ //7/~i/3 £i~ SO~A~X~ ~ f~ 1. The highway is known as SEBASTIAN'S COVE ',OAD, as shown and designated on a certain map entitled, MAP )F SEBASTIAN'S COVE, SECTION TWO, TOWN OF SOUTHOLD", ~urveyed by ROderick Van Tuyl, P.C., Licensed Land ~urveyors, and fil=-d in the office of the Clerk of the :ounty of Suffolk, as Map Number 7807; and as more )articularly described in Schedule A, annexed hereto. h day of O~ , 1988, before me personally ~ame PETER STOUTENBURGH, to me known, who, being by me duly ~worn, did depose and say that he resides at 3075 Indian ~eck Lane, Peconic, New York; that he is the Presider. t of ~ebastian's Cove Property Owner's Association, Inc., a not- for-profit corporation, which is the corporation described in and which execu'ted the foregoing instrument; that he k~ows the seal of said corporat~hat the s. eal affixed to said instrument is such c. orpo~t~ sea~;. _that~was ~so , sffixed p. ursuant to a ma3orit~te o~~e/rs~/ sal~ corp°ratlOn, and a tw0-th~r~$ v0t~, 0~ the~rd 0< D~0p/ SCHEDULE A Ail that certain plot, piece of land, with the buildings and immprovements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly shown as "Sebastian's Cove Road" on a certain map entitled "Map of Sebastian's Cove Section Two, Town of Southold: filed in the Suffolk County Clerk's Office as Map Number 7807. Sump .e'r iht endent/6/f Highways ~aymond L. JaWet~s ~o/wn Clerk Judith T. Te~y T ~n ~un~ll~ma~oseph~. L,zewsk, ~xfwn Clerk Jhdith T. Te~y ~oseph~J. kizewski nan Alice J. Hu~sie ~ C~il~ Geor§e L~ P~y IV T~Ra~ws rds ~o be known as: SEBASTIAN'S COVE ROAD. To the Town Superintendent of Highways of the Town nf Southold in the County of Suffolk and State of New York: The undersigned petitioner, SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC., Mill Road East, ~attituck, New York, 11952, c/o Environment East, RR#3-3075, Indian Neck Lane, Peconic, New York 11958, liable to be ~ssessed for highway taxes in the Town of Southold, hereby Lpplies to the Town Superintendent of HighWays to lay out a TOWN OF SOUTNOLD: STATE OF NEW YORK 'In the Matter of the Application of SEBASTIANtS COVE PROPERTY OWNERS ASSOCIATION, INC. for Laying Out of a New Highway in Mattituck, Town of Southold, Suffolk County, New York, to be known as: SEBASTIAN'S COVE ROAD. APPLICATION To the Town Superintendent of Highways of the Town of Southold in the County of Suffolk and State of New York: The undersigned petitioner, SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC., Mill Road East, Mattituck, New York, 11952, c/o Environment East, RR#3-3075, Indian Neck Lane, Peconic, New York 11958, liable to be assessed for highway taxes in the Town of Southold, hereby applies to the Town Superintendent of Highways to lay out a new highway at Mattituck, Town of Southold, County of Suffolk and State of New York, as follows: 1. The highway is known as SEBASTIAN'S COVE ROAD, as shown and designated on a certain map entitled, "MAP OF SEBASTIAN'S COVE, SECTION TWO, TOWN OF SOUTHOLD", surveyed by Roderick Van Tuyl, P.C., Licensed Land Surveyors, and filed in the office of the Clerk of the County of Suffolk, as Map Number 7807; and as more particularly described in Schedule A, annexed hereto. 2. The map of the proposed highway has been made by Roderick Van Tuyl, P.C., Licensed Land Surveyors, and are annexed hereto and made a part of the Application, together with a Release and Application to the Town of Southold by the petitioner herein, over whose property the highway runs. STATE O}" NEW YORK, COUNTY OF SUFFOLK: ss On the~ day of O~k~ , 1988, before me personally came PETER STOUTENBURGH, to me known, who, being by me duly sworn, did depose and say that he resides at 3075 Indian Neck Lane, Peconic, New York; that he is the President of Sebastian's cove Property Owner,s Association, Inc., a not- ~for-profit corporation, which is the corporation described lin and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corpora~ that it was so affixed pursuant to a majority ~9o~ of~t/%e.3~ember~of said corporation ~nd a two-thirds vote Notary Public SCHEDULE A Ail that certain plot, piece of land, with the buildings and jmmprovements thereon erected~ situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly shown as "Sebastian's Cove Road" on a certain map entitled "Map of Sebastian's Cove Section Two, Town of Southold: filed in the Suffolk County Clerk's Office as Map ~mher 7807. TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of !iSEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC. for Laying Out of a New Highway in Mattituck, Town of !iSouthold, Suffolk County, New York, iito be known as: SEBASTIAN'S COVE ROAD. CONSENT OF UPON the application of Sebastian's Cove Property Owners Association, Inc., dated and acknowledged 0ct0ber 3, 1988, the dedication and release of Sebastian's Cove Property Owners Association, Inc. dated October 3 , 1988, and acknowledged, dedicating and releasing the necessary i~lands for the proposed town highway through the lands of i Sebastian's Cove Property Owners Association, Inc. RESOLVED that, in accordance with the provisions Section 171 of the Highway Law of the State of New York, consent is given that the Town Superintendent of Highways of the Town of Southold make an order laying out the aforesaid town highway, the town highway to consist of the lands ~described in the dedication and release and to extend as ?delineated upon the map thereto annexed and as described :therein, and it is further RESOLVED, that the Town Superintendent of Highways file the release in the Office of the Clerk of the Town of Southold. ~Dated: June 2, 1992. Harris S~up~rintendent./~,£ Highways Kaymond L. JaoetEs ~o~wn Clerk J~dith-T. Te~y Town ~Councilw/~an Alice J. Hus~sie oT~ 7~ilman George LJ ~e]~ny IV T~Raymond W. Edwards TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC. for Laying Out of a New Highway in Mattituck, Town of Southold, Suffolk County, New York, !to be known as: SEBASTIAN'S COVE ROAD. ORDER Application having been made for the laying out of town highway in the Town of Southold, Suffolk county, New York, and a dedication and release from the owner of the land through which the highway is proposed to be opened, having been given, NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, do hereby determine and order that a town highway shall be laid out in the Town as follows: 1. The highway is known as SEBASTIAN'S COVE ROAD, as shown and designated on a certain map entitled, MAP OF SEBASTIAN'S COVE, SECTION TWO, TO~I' OF SOUTHOLD", isurveyed by Roderick Van Tuyl;, P.C., Licensed Land [Surveyors, and filed in tho office of the Clerk of the iCounty of Suffolk as Map Number 7807; and as more particularly described in Schedule A, annexed hereto. Dated this 2nd day of 3une, 1992. The/uperlnten~eht of Highways Towfi of Southold, Suffolk County, New York Ail that certain plot, piece of land, with the buildings and immprovements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly shown as "Sebastian,s Cove Road" on a certain map entitled "Map of Sebastian's Cove Section Two, Town of Southold: filed in the Suffolk County Clerk's Office as Map Number 7807. ~AP ~NAT!ON : 1000 100.00 03.00 C~S~T YOUR ~ER B~ORE SI~NG TH~ ~T~M~--~IS ~ST~ SHO~ BE ~ BY ~E~ O~Y. 11513P 1 ~ ~D~ made the 16th ~y of June , ninet~n hundr~ and ninety-tWo - SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC., at P.O. Box 207, MattitUck, NY 11952 pa~y of the first pa~, and TOWN OF SOUTHOLD with offices at Southold Town Halt, Main Road, Southold, NY 11971 party of the second part, ' WlTNE,~ETH~ that the party of the 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 beir. s or successors and assigns of the party of the second part forever, 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, at Mattituck, County of Suffolk and State of New York, more particularly shown and designated as "Sebastian's Cove Road" as h~wn on a certain map entitled "Map of Sebastian's Cove Section Two, Town of Southold" filed ~n the Suffolk County Clerk's Office as HaD Number 7807. part of BEING, and intended to bemthe same premises conveyed to party of the first part by deed dated the 26th day of July nineteen hundred and eighty eight, recorded in the Suffolk County Clerk's Office on the 27th day of July nineteen hundred and eighty eight in Liber 10653 page 506. This conveyance has been made pursuant to a resolution adopted on the 29~h day of September, 1988 by a two-thirds vote of the Board of Directors of the party of the first part. 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 richter 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 o[ 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 consid- eration as a trust fund ~o be applied first for the purpose of .paying the cost of the improvement and will ar*ply 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. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; that the party of the gecond part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except hs aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WI I'NESS WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. ~-~-~EBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC. BY :f') ~ Pauline Krementz,fresident ' d ST,'-.-~_ OF NEW yORK, COt[~'TY ©F On the day of personally came , before me to me known to be the irdiv[dua~ desc:bed in and who executed the foregoing instrument, and ackaw~ledged that executed the same~ STATE OF NEW YORK, COI.NTY OF SUFFCLK On the /~ day of June 19 92 , before me personaiiy cme Paulin,~ to me known, who, being t~y me duly sworn, did de~se and say that She resides at No.}~Sebast~an~s Cove Road, Matt~tuck, N~w York, that she ~s the of SEBASTIAN'S COVE PROPE2TY OW~.ERS ASSOCIATION, INC. , the co~:~tion describ~ in and which ex~uted the forgoing instrument; ~d by order of the ~ard of directors of mid co.ra- tion, ~d t~t he si~ed h i S name thereto by like order. Pub ic ~Ai:FAE~ 52.4~752 · .%'~fo~k County STATE OF NElff YO~, "-'~r~g ~ ~ On the day of 19 , before me ~ersonally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEV/ YORK, COUNTY OF ss: On the day of 19 , before me Person,ally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly Sworn, d d depose and say that he resides at No. o that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing wimess, was present and saw execute the same; and that he, said witness, at the same time subscribed h name ~.~ witness thereto. TITLE NO. WITH FULL COVENAbTS / SEBASTI/LN'S COVE PROPZRTY CWNERS ASSOCIATION, INC. TO TOWN OF SOUTHOLD Distributed by SECURITY TITLE AND G:UARA-h TY COAt~PANY SECnON 100:00 ~roc~ 03200 LOT COUNTY OR TOWN Town of Southold, County of Suffolk 'J~dith T. Terry, Town Clerk Town of S0uth01d - Town Hall Main Road Southold, NY 11971 5090 JUDITH T. TERRY TO'0~N CLERK REGISTRAR OF VITAL STATISTICS 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) 765-180I Elyse Wohlers: Attached is the TP-584 for Sebastian's Cove Road dedication. Thank you for your assistance. .. New. York Slate .~.,, Combined Real Property Transfer Gains Tax Affidavit Fleal Estate Transfer Tax Return Credit Line Mort§age Certificate See in~trl/ctions P-584 ! before completin~ this form S_ch_edul~. A___.]n[or_matl_q!_L__R_e_[_a.t_i_n_g t9 Coqveya!~ce (¥ranMerodgrantor) Sebastian's Cove Property Owners Association, Inc. SebaStian's Cove Road, Mattltuck, N.Y. 11952 Name Town of Southold 53095 Main Road, Southold, New York 11971 (Transleme/grantee] Location and description of pro_perry conveyed t Tax map designation 1000-100-03-11,131~' / Address Social securily number None I I Federal employer identitic~lion number NoneI Social securily number None I l City/Village TTown 5outhold Sebastian's Cove Road County Mattituck Type of property conveyed (Check applicable box) 3 [] Reeidential condominium Date of conveyance 1L] 1-3fami,yhouse 4 [~ Vacantland I 2 L] Residential cooperative 5 ~ Other Road 6 I 16 ] 92 Condilion of conveyance (Check all that apply) a. X Conveyance ~l fee interest f. b. _ Anquisition of a controlling tale,est (stale percentage ~cqulred -- e/b) ~. Trnn~f,~' of R controlling interest (slate percentage transferred 0,5) d. _ Conveyance to cooperative housing Suf~lk month day year Percentage of real properly conveyed which is residential real property 0 0/o e. _ Con¢eyemce pursuant to or in lieu of L ._ Conlract assignment q. X~Other (Oescrlbe)'_ ~Oad Dedication ~C~i~ule B - Real Property Transfer Gains Tax Alfidavit (Article 31-B of the Tax Law) bi Cbeck tl,f~ box If a Tenlatlve A~sessment and Return Im being tiled with respect to your current transfer, and proceed to Schedule C I (we) cedily giat: (check appropriate box) 3 [i ] The Iransfer is a transfer of zeal property by tenants in common, ioinl fennels or tenants by the entirety where the aggregate consideration is less Iban $500,000. (All such Iransferors must sign tMs form.) 4 [] lbe conveyance is not a transfer of real property within tim meaning of section 1440.7 o Article 31-B of Ihe Tax Law. (Atlach documents supporting such claim, and sign on back as required.) 5 ~ The fmnsler of real property consists of premises wholly occupied and used by the transferor exclusively as his residence, including a individual, eslate or trust.) 6 LJ The governmental entity (hansteror) is the Slate of New York. or ~ny of its agencies; instrumentalffies, political subdivisions, or public 7 [__~ the gnvernmental entity (lransferor) is the United t.lalions or any ogler international organization of which the United State~ is a member, the Schedule C - Real Estate Transfer Tax Return (Article 31 of the Tax Law) ~art I - Computation of Tax Due 2 3 4 5 6 ~nd pt~cPed to Part Ill) ........................................................................ 2 Conlinaing lien deduction (See instructions ifp¢operty is t~en subjPct to mortgage or lien) ..................... 3 T.'~xabie consideration (Subtract line 2 from line I) ............... ................................... 4 Tax due: $2 for each $500. or fractional part tl3ereof, of censidmatioa on line 3 ......................... 5 Al~oLInt of credit claimed (See i~sttucfions and anacb Form TP-5R.t.t. Schedule G) ............................ 6 ~ot~l lax due' (Subtract liue 5 from line 4) ........................................................... Part 11 - Compulation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More I Fnlet amount of consJderalion for conveyance (same as amount in Part l, line 1) ........................ 2 l;3,:al,!e consideration (Muiliply line. t by the percc, ntaoe of the pretnis~ wi ich is res dential rea propert},) (see instructions) 2 3 ~)tnl Rddilional transfer tax due ( ~6 offi e ~t ' * Plnn~e make check(e) payable to the county clerk where the recording is to take place or the Department of Taxation and Finance if p;Wment is being made directly lo the Tax Ltepartment. ;.5% i,.%%: ;.---;:.:;-.:- ter. . i.ed TP-504 (4/89) (back) Schedule C - (continued) Part Iii - Explanation of Exemption Claimed in Pad 1, line 1. (check any boxes that apply) The conveyance of real properly is exempt from the real estale transfer tax for the following reason: a. Conveyance is to tile United Nations, the United States of AmePca, the State of New York or any of their instrumentalities, agencies or political subdivisions (or any I~ublic corporation, including a public corporation created pursuant to agreement or comp,~ct with another state or Canada} ........................................................................... a ~] b. Conveyance is to secure a debt Or other obligation .................................................................. bill c. Conveyance is wilhout additional consideration to confirm, correct, modify or supplement a prior conveyance .................. c [] d. Convc'yance of real property without consideration sad otherwise than in connection wilh a sale, inc ud ng conveyances conveying ;ealty as bona fide gifts ................. e. Conveyance is given in conneclion with a lax sale .................................................................. e [] f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of re~l property comprising the cooperative dwelling or dwellings.) ............................................................................... f [] g Conveyaoce consists of deed of padition .......................................................................... gE] h. Conveyance ~s given pursuant to the federal bar, kruptcy act .......................................................... h [] i. Conv'~yance consists of the execution of a contract to sell real property without the use or occupancy of such properly or the granting of an option to purchase reai property without the use or occupancy of such property .............................. i [] j. Conveyance of an option or contract to purchase real property with the use or occupancy of such properly where the considermion is less than $200,000 and such property was used solely by the grantor as his personal residence end consists of a 1, 2, or 3 family house, a residential individual condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative unit .............. j [] k. Other (,lltach explanation) ........................................................................................ k [] ~c_hedttle D - Credit Line Mortgage Certificate (Article 11 of the Tax Law) Complete the fo~low]ng only If the interest being transferred ts a fee simple interest. I (we) certify that: (Check eppropdate box) 1 i~ The r~ai property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner- occupied residence or dwelling. · 2 [~[ The real property being sold or transferred is not subject to an outstanding credit fine mortgage. 3 [~ The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the f011owing reason: [] The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately prior to the transfer; I ~ The transfer of real property is (A) to a person or persons related by blood, mart age or adoption to the original obligor or to one or more of the originat obligors or (B) to a person or entity where a majority of 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 bankruptcy, a receiver, assignee or other officer of a court; [] Other (altech detailed explanation). 4 [] Tile rea] property being transferred is presently subject to an outstanding credit line mortgage, however, no tax is due for the following reason: El A certificate of discharge of the credit line mortgage is being offered at the time of recording 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 satisfaction of such mortgage will be recorded as soon as it is available. 5 [_~ The real property being transferred ia subject to an outstanding credit line mortgage on record at - (insert libor and page or reel or other identification of the mortgage). The maximum principal amount expressed in the mortgage is No exemption from tax is claimed a'nd the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded,) Signature and Affirmation (Both the transferor(s)/grantor(s) and transferee(s)/grantee(s) must sign). The undersigned, being duly sworn, depose and say under penalty el perjury that the above return, including any affidavit, certification, schedule or altachment, has been examined by the underslgned,_ and is, to the best of his/her knowledge, true and complete and made in good faith pursuant to Articles 11,'31 and 3I-S of the New York State Tax Law. Pauline Krementz Sebastian's Cove Judith T. Terrry Town of Southold Property Owners Assoc. ~his .... day of ,19 . s,~,e of New York this 2L~th dayof June ,19 92 . Slate of New York ltELENEO. HORNE No, ~513~ County of ~u.¢f~ ._ County of Suffolk Reminder: Did you complete ell of lhe required information in Schedules A and B? Were you required to complete Schedules C and D? II you checked a, f and g in Schedule'A, did you complete TP-584.t? Have you attached your check(s) made payable to the comdy clerk where recordhrg will take place or the Department of Taxation and Finance the Tax Department? JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box ! 179 Southold, New York 11971 FAX (516) 765~1823 TELEPHONE (516) 765-1801 January 14, 1992 Dear Mrs. Krementz: As you can See, I received the attached from Superintendent of Highways Jacobs on January 10th. I called and asked him, based upon the attached, what his recommendation is with respect to.accepting dedication of the roads. He said he will meet with the Town Attorney to discuss the matter and get back to me in the near future. I will keep on this and get back to you soon. JUDITH T. TERRY TOgSq CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main' Road P.O. Box 1 ~ 79 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 June 24, 1992 Dear Pauline: The attached tax affidavit is required to be filed with the dedication papers. They have already been sent to Aquebogue Abstract who will record them for us. As you can see, it requires your signature, and your signature to be notarized. Once you have taken care of that, please send it directly to the abstract company in the enclosed self-addressed, stamped envelope. Sorry for the inconvenience ............. /UDITH T. T~RRY TOWN CL£RK REGISTRAR OF' VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1 ~ 79 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-180I June 24, 1992 Dear Elyse: Re: Sebastian's Cove Road dedication papers. Tax Map No. 1000-100-03-11.13. I have sent the TP-584 to the president of the homeowners association with a self-addressed, stamped envelope for her to return it directly to you. She is very efficient and I am sure you will have it by early next week. Sorry for the oversight. Thank you for your assistance. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 22, 1992 Elyse Wohlars, Office Manager Aquebogue Abstract Corp. 123 Maple Avenue Riverhead, New York 11901 Dear Elyse: Enclosed herewith are the required documents for the dedication of Sebastian's Cove Road, a new highway in the Town of Southold, for recording in the Suffolk County Clerk's Office. I am also enclosing a Town of Southold voucher for billing your services. Thank you very much for your assistance. If you have any questions, please do not hesitate to contact me. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Pauline Krementz Supt. of Highways Jacobs ~'?OWN OF SOUTHOLD: STATE OF NEW YORK the Matter of the ofx Application EBASTIAN'S COVE PROPERTY OWNERS ~SSOCIATION, INC. for Laying Out of ~New Highway in Mattituck, Town of outhold, Suffolk County, New York, be known as: SEBASTIAN'S COVE ~OAD. DEDICATION AND RELEASE ii WHEREAS, application has been made to the Town ~uperintendent of Highways of the Town of Southold, in guffolk County, New York, for tho laying out of a town 'i ~ighway to extend through the lands of Sebastian's Cove .~roperty Owner's A.qsociation, Inc. !i NOW, THEREFORE, Sebastian's Cove Property Owners ~ssociation, Inc., Mill Road East, Mattituck, New York, .1952, C/O Environment East, RR#3 - 3075, Indian Neck Lane, ~econic, New York 11958, owner of the lands to be included ~ithin the highway, for TEN AND 00/100 ($10.00) DOLLARS and bther good and valuable consideration does hereby dedicate, ~elease and convey to the Town of Southold and its uccessors forever, for highway purposes, the folloWing ands, to wit: 1. The highway is known as SEBASTIAN'S COVE OAD, as shown and designated on a certain map entitled, MAP ~F SEBASTIAN'S COVE, SECTION TWO, TOWN OF SOUTHOLD", surveyed by RoderiCk Van Tuyl, P.C., Licensed Land Surveyors, and filed in the Office of the Clerk of the County of Suffolk, as Map Number 7807; and as more Particularly described in Schedule A, annexed hereto. STA~ OF NEW YORK, TOGETHER with the appurtenances and all the estates and rights of the grantor to convey all land for highway purposes and all the estate therein that it may own as more particularly described in Schedule A annexed hereto. The lands hereby dedicated, released and conveyed are specifically shown and delineated upon the certain maps Which are hereto annexed and made a part hereof. TO ~AVE AND TO HOLD the above granted premises nto the Town of Southold and its successors forever as fully as if the same had been acquired in fee in trust for street purposes by condemnation proceedings. IT WITNESS WHEREOF, I have caused these presents to be executed and sealed this~ day of~f 1988. COUNTY OF SUFFOLK: ss ~On the~ day of O~ , 1988, before me personally ~ame PETER STOUTENBURGH, to me known, who, being by me duly ~worn, did depose and say that he resides at 3075 Indian Neck Lane, Peconic, New York; that he is the President of Sebastian's Cove Property Owner's Association, Inc., a not- for-profit corporation which is the corporation described -~n and which executed the foregoing instrument; that he knows the seal of said corporat~.~hat the seal affixed to ,aid instrument is such corpo~r~t~ sea~; that i~was so ~ffixed pursuant to a majority v~te o~e--~mb~rs~ said :orporatlon. and a two-thirds vot~ o~ the~9?d o~ Notar¥_~]~blic SCHEDULE A All that certain plot, piece of land, with the buildings and immprovements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly shown as "Sebastian's Cove Road" on a certain map entitled "Map of Sebastian's Cove Section Two, Town of Southold: filed in the Suffolk County Clerk's Office as Map Number 7807. qAP ZNATIO~ : 1000 100.00 03.00 : IZlJ CONSULT YOUR LAWYER BEFORE SIGNING THIS I~STRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDF. NTURF~ made the 16th day of June , nineteen hundred and ninety-two SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC., at P.O. Box 207, Mattituck, NY 11952 ~rtyof ~e first pan, and TOWN OF SOUTHOLD with offices at Southold Town Hall, Main Road, Southold, NY 11971 party of the second part, W/TNF_.~IgTH, that the party of the 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 land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, at Mattituck, County of Suffolk and State of New York, more particularly shown and designated as "Sebastian's Cove Road" as hown on a certain map entitled "Map of Sebastian's Cove Section Two, Town of Southold" filed in the Suffolk County Clerk's Office as MaD Number 7807. part of BEING, and intended to bemthe same premises conveyed to party of the first part by deed dated the 26th day of July nineteen hundred and eighty eight, recorded in the Suffolk County Clerk's Office on the 27th day of July nineteen hundred and eighty eight in Liber 10653 page 506. This conveyance has been made pursuant to a resolution adopted on the 29~h day of September, 1988 by a two-thirds vote of the Board of Directors of the party of the first part. TOGETHER with all right, title and interest, if any, of the party of the first part in and to ~ny 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, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the considevation for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and 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. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except ~s aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF.,~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC. BY:/~ Pauline K rementz,~°resident s O 4' ST,'..-.~ OF NEW YORK, COUNTY Of On the day of 19 per~onally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY O1: SU~OL~ ss: On the I~ day of June 19 92 , before me personally came Pauline Krementz to me known, who, being by me duly sworn, did depose and say that she resides at No. Sebastian's Cove Road, Mattituck, New York, that she Is the President of SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, 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 corpora- tion, and that he signed h i S name thereto by like order. w STA~ OF NEW YO~JC~,O3flTY C~ · before me , before me On the day of 19 personally came to me known to be the individual described in and who ex~uted the foregoing instrument, and acknowledged that executed the ST&TE OF NEW YORK, COUNTY OF ssz On the day of 19 , before me personally c~me 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 individuGl described in and who executed the foregoing instrument; that he, said subscribing witness, wu present and saw execute the same; and that he, said witness, at the same time subscribed h nmne ~ witness thereto. RAFPAELA RONiANE!.I~ 0tars Public, Sta~e ot New York No. 52.46~752 -Suffolk CouMy Term Expi[es Dec. 31, },992 WITH PUl.T COVI~NANTS TITLE No. SEBASTIAN'S COVE PROPERTY OWNERS ASSOCIATION, INC. TO TOWN OF SOUTHOLD Distributed $£CUR1TY TIT/LE ~lAID GUARAI~TY CO/14PAA~Y CHARTERED lez8 ~mlm~m~N NEW YOI~K SECnON 100100 03.00 LOT COUNTY Ok TOWN Town of Southold, County of Suffolk RRTURN BY MAlL TO: 'J'udith T. Terry, Town Clerk Town of Southold - Town Hall Hain Road Southold, NY 11971 Zip No. FOR COUNTY USE ONLY t Sw~s Code ~ 2 Date Deed Recorded I 3 Book L I 4 Page I I B IDENTIFICATION INFORMATION ~II~E OF NEW YORK STATE BOARD QUALIZATiON AND ASSESSMENT EA-5217CONTROL Rev. t,. .UMBS. 7870580 Town of Southold Mattituck ~ 1 Property Locahon 2 Buyer Name City or Town ~ SEBASTIAN'S COVE ROAD Village 11952 Street Number Street Name I Town of Southold ~ Last Name First Name 3 Buyer Address I 53095 Main Road, Southold. New York 11971 Zip Code Buyer Address 4 BuyersAttorneyl Matthew G. Kiernan (516) 765-1939 5 Seller Name 6 Tax Bdhng Address Name Telephone Number I Sebastian"s Cove Road Property Owners As.~x:iation, Inc. Last Name First Name ~1 Same as Buyer Address ~'] Same as Property Location ~---] Other (Specify Below) I Town of Southold, Main Road, Southold, New York 11971 Street Name and Number City or Town State 7 Deed Road Dedication s Schoo~ Property Size I I or I I District Name I Dimensions Acres Zip Code MattituCk C I (Data should be taken from the latest final assessment roll) ASSESSMENT INFORMATION 1 Enter the year of the assessment roll from which I I the inlormation was taken. 2 Check the box indicating the numberer parcels L~Jone Parcel I IMore Than One Parcel (Specdy)l which sold 3 Enter the total assessed value (of all parcels in the sale) [ I [] Only Part of a Parcel 4 Enter the tax map identifier of the parcel (If more than one. list on a separate sheet) I 100.00 ~ 03.00 ~ 5. Enter the roll identifier if different from tax map identifier. [ ID PROPERTY USE iNFORMATION Check the box ~n the Property Use Table which most accurately describes the use of the Rroper ty al the time of sale IS ~he sale el a condomm~um or a cooperaBve? I---]Yes I No 2 3A 3B Section Block Lot Agricultural 1.2.3 Family Residential Residential Vacant Land Non-Residential Vacant Land PROPERTY USETABLE 4A ~ Commercial 6 ~ Community Service 7~ Industrial 8 Public Service 9 Forest SALE INFORMATION 1 Date of Sale (Transfer) 2, State the Full Sales Price. $ 0 I 6 //16 //92 , 5.,sthisanarm'slengthsal,? [] Yes [] NO 6 Check all of the conditions below that apply to this sale. )Full Sales Price is the total amount paid for the property, including personal property This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations ) 3 Was there personal property ,n excess ~ ~ el $500 mcluded in th~s sale? Yes No 4 rt yes md~cate the value of the personal $ property mcluded in the sale Sale Between Relatives or Former Relatives Sale Between Related Companies or Partners in Busmess / / Land Contract Sale (Specify Contract Date) I ~' ~ Sale Contract Executed More than One '~ear Prior to the Date of Sale Buyer or Seller is a Governmenl Agency or a Lendmg Instltubon Deed Type is Not Warranty or Bargain and Sale (Specify Deed Type) L Sale of Fractional or Less than Fee Interest (Specify) [ Other unusual factors affecting sale price (Specdy) L CERTIFICATION I certify that all the items of informabon entered on this transfer form are true and correct (to the best of my knowledge and belief) and I understand that the making of any willfal false statement of matenal fact herein will subject me to the provis~ons.,~ ~.----~'- ~-°f the pe~na~w relative to the making and filing of false instruments. 53095 Main Road Signature ~r Stree~ Name & Number ~ Judith T. Terry, Town Clerkl ~ ~;~uthold Name (Phnt or Type) City / Town (S16) 765-1801 I ~ 6 /22/92~ New York ~ ~ 11971 Telephone Dale State Zip Code NEW YORK STATE COPY County Recording Officer or Authorized Agent forward the SBEA COPY of the EA-5217 at the end of each month to: Division of Equalization & Assessment Property Valuation Bureau Sheridan Hollow Plaza 16 Sheridan Avenue Albany, NY 12210-2714 Attention: Sales Unit NEW YORK STATE COPY JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax I516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 8, 1992 Pauline Krementz, President Sebastian's Cove Property Owners Association, Inc. P.O. Box 207 Mattituck, New York 11952 Dear Mrs. Krementz: As we discussed last week, the Southold Town Board, at their regular meeting held on June 2, 1992, accepted dedication of Sebastian's Cove Road. There'is only one item remaining before I can record the documents with the Suffolk County Clerk, and that is your signature~ on the deed transferring ownership to the Town. This deed was in the file, unsigned. Please stop at .this office at your earliest convenience so we may bring this matter to a close. Many thanks. Very truly yours, Judith T. Terry Southoid Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARP~iAGE OFFICER Town Ha/i, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 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 JUNE 2. 1992: WHEREAS, the made application a certain road on subdivision of Southold", together with Sebastian's Cove Property Owners Association, Inc. has to the Town Board of the Town of Southold to dedicate in Mattituck, known as SEBASTIAN'S COVE ROAD as shown map entitled "Map of Sebastian's Cove, Section Two, Town filed in the Suffolk County Clerk's Office as Map No. 7807, release executed by the President of the property owners association; and WHEREAS, Southold Town Superintendent of Highways has 'nspected tl~e said highway and has advised the Town Board that said proposed highway complies in all respects with the specifications for the dedication of highways 'in the Town of Southold; now, therefore, be it 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, New York. SoUthold ToWn Clerk June 3, 1992 RAYMOND L. JACOBS Superintendent Highway Depadment Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel: 765-3140 734-5211 May 27, 1992 Mrs. Judith Terry Southold Town Clerk Main Road Southold, New York 11971 Re: Sebastian's Cove Road Dedication Dear Hrs. Terry: After reviewing the numerous engineering reports and personally inspecting the road myself since 1990, I find there has been no deterioration of the road surface. I therefore rescind the previous recommend- ation that a one inch lift of asphalt be placed and Sebastian's Cove Road be accepted for dedication. R[,C~IVED ~A¥ 2 ~' 4992 cc: Planning Board Respectfully, Superintendent of Highways RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 DECEMBER 17, 1991 Mr. Raymond L. Jacobs Superintendent of Highways Peconic Lane Peconic, New York 11958 Re: Sebastian's Cove Road - Mattituck SCTM # 1000 - 100 - 3 - p/o 11 Dear Mr. Jacobs: JAN 0 1992 As per your request, I have performed a site inspection of Sebastian's Cove Road located off of Mill Road in Mattituck. My last inspection of this Subdivision was dated 11/15/90. Basically, nothing has changed since my last report. The following will be a brief summary of my last report along with my updated observations during todays~inspection. The visible aspects of the site appears to show the existing road in good conditidn. The stone curbing is in tact and the asphalt wearing course shows little or no signs of surface cracks.£LThis road surface ahould not require any major maintenance in the near future. I have reviewed the reports in the file and have found an inspection report dated 12/13/85 as prepared, by Lawrence M. Tuthill. In this report he indicates that the 6" Pulvermix Stabalized Base was never installed. In a report dated 2/5/87 Mr. Tuthil! recommended that an additional 2½" Lift of Asphalt should be Flaced to accomodate this discrepancy. An additional engineering report prepared, by Sidney B. Bown's'office dated 7/17/87 concerned the review of actual core samples that were taken in the road. This report indicates that good sub-base material was found to be between 6" & 12" thick. The existing Asphalt Binder Course and WearinglCourse averaged out to be 2.31" & 1.19" thick respectively. These average thicknesses'were a total of 0.5" below the Town Specificat{on requirements of 2.5" & 1.5". This report went on to reco~end that an additional 1" lift of asphalt should be placed over the entire road surface prior to acceptance for dedication. On 7/22/86, Mr Perricone wrote a letter to the Planning Board indicating that you, Mr. Raymond L. Jacobs, would accept the roads on the condition that the roadswould always remain private and would never be dedicated to the Town. On at least Bo other ocasions in 1987, you wrote l~tters to the Planning Board asking that an additional 1" Lift of Asphalt be placed on the road prior to giving your approval of the road with reguards to dedication proceedings. tf you have any questions concerning this report or if you require any additional information, please contact my offic~ ~ ~/ James A. Ridhter, R.A. OFFICE OF THE ENGINEER JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTttOLD Town Hall. 53095Main Road P.O. Box 1179 Southold. New York l1971 Fax (516) 765-1823 Telephone (516) 765-1801 December 17, 1991 Pauline Krementz, President Sebastian's Cove Homeowner Association P.O. Box 207 Mattituck, New York 11952 Dear Mrs. Krementz: I had a response from Superintendent of Highways Jacobs today concerning Sebastian's Cove Road. He is going to have the Town's Engineer. inspect the road and prepare an updated report. As soon as I receive this report I will send it along to you. Very truly yours, Judith T. Terry $outhold Town Clerk cc: Town Attorney Supt. of Highways Jacobs JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1 t97l Fmx 516) 765:t823 Telephone (5~6) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 17, 1991 Pauline Krementz, President Sebastian's Cove Homeowner Association P.O. Box 207 Mattituck, New York 11952 Dear Mrs. Krementz: I had a response from Superintendent of Highways Jacobs today concerning Sebastian's Cove Road. He is going to have the Town's Engineer inspect the road and prepare an updated report. As soon as I receive this report I will send it along to you. Very truly yours, Judith T. Terry Southold Town Clerk cc: Town Attorney Supt. of Highways Jacobs RAYHOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF TNE ENGINEER TOWN OF SOUTHOLD JAMES A. RICIITER ENGINEERING INSPECTOR 734-5211 MEMORANDUM TO: Raymond L. Jacobs FROM: James A. Richter, R.A.~y SUBJECT: Sebasitan's Cove Subdivision - Mattituck 1000-100-3-p/o 11 DATE: November 15, 1990 · As p~ ~out request, I have inspected the road at the Sebastian's Cove Subdivision located off mill road in Mattituck. The road itself seems to be in ~ery good condition and from a visible inspection alone, it would seem to be acceptable for dedication to the Town. However, from our conversations and from the corrispondance and engineering reports found in the file it would seem that the 4" stone blend sub-base course was never installed. An Engineering Report by Sidney B. Bowne & Son dated July 17, 1987 indicated that the sub-base was between 6 and 12 inches thick. According to the records, this base course must have been vergin Soil/sand that existed at' the site prior to construction. The Tom Specification for the sub-base calls for 3/4" stone blend or crushed concrete compacted to a 4" depth. The Town Specifications as they presently exist could sometimes be considered excessive. There are many sites within the Town where the existing sub-grade , once stripped of topsoil, could be considered more than suitable for the proper drainage and compaction required to construct the sub-base for road construction. I can only assume that this is the reason for the indication of the 6" to 12" sub-base in the above referenced Engineering report. The Engineering report also indicates that the asphalt binder course (Town Spec. 2.5") and the asphalt wearing course (Town Spec. 1.5") have actual field dimensions that' average 2.31" and t.19" respectively. These numbers are on the low side and it is clear that the original paving contractor was not overly generous with his asphalt materials. The Engineering Report concludes by recommending that a 1" asphalt overlay be installed to bring the road up to Town Specifications. This additional 1" course of asphalt could increase the life of the road to some extent but I don't know if the added expence would be justified by the additional life span. Page 1 of 2 RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD MEMORANDUM Cont. TO: Raymond L. Jacobs FROM: James A. Richter, DATE: November 15, 1990 JAMES A. RICHTER ENGINEERING INSPECTOR 734-5211 The road is pres~ntlM owned by the Sebastian Cove ~roperty Owners Association. The road has been turned over to the Association by theoriginal developer some time ago~ From the corrispondance in the file, it is apparent that the Association was unaware of the deficiencies in the road construction that existed when they accepted the responsibility for the road° Since the deficiencies seem to be.minor with reguards to the durability of the road and since the Association had no dealings with the actual construction of the road it.would be my recommendation to accept the road for dedication as it presently exists. If this is not acceptable to you and/or the Planning Board you would also have the option of negotiating a modest maintenance fee with the Association rather than having them incur the cost of resurfacing the entire road. In conclusion, it will be up to you and/ or the Planning Board to decide if the Association should be required in some way to compensate the Town for the deficiencies in road construction prior to dedication. Page 2 of 2 JUDITH T. TERRY TOWN CLF~RK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Sonthold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN-CLERK TOWN OF SOUTHOLD December 13, 1991 To: From: Re: Superintendent of Highways Jacobs Town Attorney Arnoff Judith Terry, Town Clerk/~ Sebastian's Cove Road On December 12, 1991 Pauline Krementz, President of Sebastian's Cove Homeowner Association, stopped at this office to inquire about the status of the dedication of Sebastian's Cove Road. Dedication papers were submitted to the Town on November 7, 1988, but an inter-office memo from the Town of Attorney's Office, dated July 24, 1989, indicates the roads need improvement and you were going to supply to the Town Attorney a cost estimate to send to the property owners to determine if they wish to establish road improvement districts. I told Mrs. Krementz I would ask you to look into this and tell me what must be done for the Town to accept dedication of Sebastian's Cove Road. Thank you very much. cc: Pauline Krementz JUDITH T. TERRY TOV~N CLERK REGISTRAR OF 'XrITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516] 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 6, 1991 To: From: Re: Superintendent of Highways Jacobs Town Attorney Arnoff Judith Terry, Town Clerk/~ Sebastian's Cove Road Attached is a letter I received today from Justine C. Swotkewicz, President of Sebastian's Cove Homeowners Association, requesting me to proceed with processing the application for dedication for Sebastian's Cove Road. I am also attached prior memorandums and correspondence with respect to this matter to bring you up to date. Please advise me whether the Town is readJrto accept dedication. Thank you. cc: Justine C. Swotkewicz SEBASTIAN COVE PROPERTY OWNERS ASSOCIATION P.O. BOX 261, MATTtTUCK, N.Y. 11952 June 4, 1991 Mrs. Judith Terry, Town Clerk Town of Southold Main Road Southold, NY 11971 Dear Mrs. Terry, I am writing to you on behalf of the members of the Sebastian Cove Homeowners Association. It is our understanding that you have an application for dedication of our road, (Sebastian's Cove Road), to the Town of Southold on file in your office. When this application was originally submitted~ apparently there were some reservations by Mr. Ray Jacobs~ Superintendent of Highways, Town of Southold. It is our understanding that these objections no longer exist. Acting on this premise, we would ask you to please proceed with processing this application for USo If you have any questions concerning this matter, I can be reached Monday and Tuesday at 298-4848, Wednesday, Thursday and Friday at 323-2410 until June 21, 1991. After that date, my home phone is 298-4974. Many thanks for your help in expediting this matter. Sincerely yours, Justine C. Swotkewicz, President-Sebastian's Cove Howeowners Association JCS/jf JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFF~CE Town Hall, 53095 Main Road P.O. Box 1179 Soutl~old, New York 11971 TELEPHONE (516) 765-1939 RECEIVED TO: Judith Z. Terry. Town Clerk ~,UL 2 z~ ~98g FROM: Robert H. Berntsson, Assistant Town Attorney DATE: July 24, 1989 $outhold T~,,- r-i.~.~ 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 wil[ pay inspection fee. I advised attorney of this and he will advise whether client will pay for inspection. 4. 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. JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY RECEIVED MAR :3 0 1989 Sou~ofct ro,~,,- Cl~rl~ 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 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 Highway Superintendent. Attorney Dan Ross has been so notified. We have no record 'of any other offers5 of dedication. Please advise if your records indicate differently. JAMES A. SCHONDEBARE TOWN A~I?ORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATFORN Ey OFFICE OF THE TOWN 'ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ~LEPHONE (516) 765-1939 November 16. 1988 Wickham. Wickham ~- Bressler Main Road. P.O. Box 1424 Mattltuck. New York 11952 Attention: Daniel C. Ross. Esq. Ref: Sebastian's Cove Road Dedication Suffolk County Tax Map 1000/100/3 Dear Mr. Ross: I am in receipt of your dedication papers for Sebastian's Cove Road. Before I review same, please advise if the additional one inch of asphalt overlay was ever applied to the road. I enclose a copy of a letter from the Superintendent of Highways dated September 14, 1987. and a copy of the Town Board's resolution of December 15, 1987. Very truly yours. James A. Schondebare Town Attorney JAS: rbw Encs. cc: Raymond Jacobs. Highway Superintendent ~-"J'udith T. Terry. Town Clerk Town Board WICKHAM, WlCKHAM ~ BRESSLER, P.C. HAIN ROAD, P.O. BOX ]z. a4 MATTITUCK, LONG ISLAND NEW YORK H952 Mrs. Judith Terry Southold Town Clerk Town Hall Southold, NY 11971 Re: November 4 ,..~8~- Sebastian's Cove Road Dedication Suffolk County Tax Map 1000/100/3 Dear Mrs. Terry: We have been retained by the Sebastian's Cove Property Owner's Association, Inc. with respect to the dedication of the Sebastian's Cove Road to the Town of Southold. Enclosed please find the following: 1. Application; 2. Proposed Order for Town Superintendent of Highways; 3. Proposed Consent of the Town Board; 4. Dedication and Release; Title Report certifying to the Town for $2,000.00 title to the Road. We are working on the exceptions; 6. Proposed Bargain and Sale Deed; Map of Sebastian's Cove showing Road by Roderick Van Tuyl, P.C. from surveys completed 1/23/84; Correspondence dated 10/4/88 from Mr. Charles C. Watts, Chairman of Board of Assessors regarding assessed value of improvements on Sebastian's Cove Road. Page 2 of 2 Mrs. Judith Terry Please let me know if y~~~,er papers. ~ C. Ross DCR:mtb Enclso Mr. Peter Stoutenburgh President, Sebastian's Cove Property Owners Association, Inc. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 TELEPHONE (516) 765-1801 November 7, 1988 Town Attorney Schondebare: Transmitted herewith for your review are the dedication papers for Sebastian's Cove Road. Telephone 516-765-1937 BO~ORS So~971 October 4, 1988 Wickham, Wickham, & Bressler, Main Road, P.O. Box 1424 Mattituck, N.Y. 11952 Re: Sebastian's Cove Road Dear Mrs. Ross, For purposes of road dedication to the Town of Southold. The assessors value of the improvements on Sebastian's Cove Road is $49,600.00. Ver,y~ruly yours, Charles C. Watts, Chairman Board of Assessors CCW:dr Title Ug k Insurance Corporation of New York USA Certificate and Report of Title Certificate of Title No. 33904-516 SCTIC INCORPORATED Purchaser or Borrower Town of $outhold Premises Sebastian Cove Road Certifies to WICKHAM, WICKH~2-'i & BRESSLER That it has examined title to the eremises described in Schedule A and agrees to issue its policy in the amount of $ 2000.00 covering the interest to be insured, and the marketability thereof, excepting all loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and all other matters set forth herein or disclosed by continuation which are not disposed of to its satisfaction prior to the closing of title or issuance of the title policy (a) upon payment of its fees and appurtenant charges (b) after the closing instruments have been approved by the Company and duly recorded. This Certificate shall be null and void (1) if the fees therefor are not paid {2) if the prospective insured, his attorney or agent makes any untrue statement with respect to any material fact or suppresses or fails to disclose any material fact or if any untrue answers are given to material inquiries by or on behalf of the Company (3) upon delivery of the policy. Any claim arising by reason of the issuance of this certificate shall be restricted to the terms and conditions of the standard form of insurance policy, If title, interest or lien to be insured was acquired by the prospective insured prior to delivery hereof, the Company assumes no liability except under its policy when issued. The property covered by this certificate lies in ])±strict: 1000 Section ]00.00 Block 03.00 Lot 011.013 Dated 9 a.m. 9/30/88 Authorized Signature Redated Closer Questions regarding this report may be discussed with HATHERIhTE TO'¢JELL (516) 727-4270 This report of titl a is intended for lawyers only. Such exceptions as may be set forth herein may affect marketability of title· Your mwyer should be consulted before taking any action based upon the contents of this repot[. The company's representative at the closing hereunder may not act as legal advisor to any of the parties or draw legal instruments for them. Such representative is permitted to be of assistance only to an attorney. It is advisable to have your attorney present at the closing, See over for General Exceptions from Coverage, General Conditions and Closing Instruc- tions, General Exceptions ~ n Coverage The following estates, interests, defects, objection to title, liens, incumbrances and other matters are excepted from coverage. 1. Defects and incumbrances arising or becoming a lien after the date ofthis policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and enwron- mental protection) as to the use, occupancy, subdivision or ~mprovement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any wolation thereof. 4, Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privily of the insured. 5. Title to any properly beyond the lines of the premmes, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the right to maintain therein vaults, tun nero, ramps or any other structure or improvement, unless th is policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted., insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any personal property, whether the same be attached to or used in conr~ect!o~n with said premises or otherwise. Closing Information When Uunicipa~ Department searches are requested, the accurac~ of the returns thereon are not guaran[eed nor are such searches continued beyond the date of the original search. All instruments recorded by the company 'n connection with this transaction will be returned directly by the Registers or County Clerk's Office to the party indicated thereon. This company should be notified of the recording or filing, after the date of this certificate, of any instrument, or the discharge or other disposition of any mortgage, judgment, lien or other incum- brance set forth in this certificate. The continuation may not otherwise disclose the recording or disposition of these items. If the insured fee owner contemplates making improvements to the property costing more than 20% of the amount of insurance to be issued hereunder, we urge that the amount of insurance be increased [o cover the cost thereof: otherwtse in cer[ain cases the insured will become e coinsurer with a subsequent reduction in coverage. Closing Instructions (These instructions Are A Part Of This Certificate And Must Be Complied With.) All closing deeds and mortgages must contain the trust clause required by tl~e applicable subdivision of Section 13 of the Lien Law. Where a corporation is to execute at closing or has executed sincethe date of this certificate a deed. mor[gage or lease affecting premmes to be insured, the provisions of the Business Corporation Law must be complied with. Judgments set forth in our certificate, if any, that are against a pan'/to the transaction or someone prior in title must be satisfied prior to closing. Escrow cannot be taken for these items. REPORT 11 (12/85) ~ TITL£ USA Insurance Corporation/o~ New York Certifies that a good and marketable title tO the premises describ_e~d in6Schedule A. subject to the liens, encumbrances and other matters, if any, set forth in this Certificate No. 33904 .. may be conveyed or mortgaged by: SEBASTIAN'S COVE PRCPERTY O?~ERS ASSOCIATIOhT, INC. Who acauired title by deed from Twin Fork Fence & Siding, Inc., dated 3/26/88, recorded 7/27/88 in Liber 10653 cp 506. Disposition Schedule B in which we set forth the additional matters which will appear ~n our policy as exceptions from coverage, umess disposed of to the Company's satisfaction prior to the closing of title or issuance of the policy. 1. Taxes, tax liens, tax sales, water charges, sewer rents and assessments as set forth herein. 2. Mortgages returned and set forth herein (onel. 3. Rights of tenants or persons in possession, if any, 4. Covenants, restrictions, conditions, easements, reservations and other instruments of record affecting the use of the premises as set forth herein I yes). 6. 7. 8. 9. Covenants and Restrictions in Liber 9114 cp 358 and in Liber 9621 cp 179. Covenants and Restrictions in Liber 9195 Liber 9687 cp 394. Lighting Agreement in Liber 9814 cp 227, width of street. cp 137 and in full length and Telephone Agreement in Liber 9814 cp 227, full lenght and ¥~dth of street. In the absence of a properly guaranteed survey, the Company will not certify as to the location nor. the dimensions of the boundary lines of the within described premises on all sides. I0. Any state of facts an accurate survey would show. 11. Any state of facts an inspection of the premises may show. 12. Closing deed must recite that the premmses herein ms the same premises conveyed in part of deed recorded in Liber 10653 cp 506. 13. Franchise taxes, if any, orang the State of New York by sebastian's Cove Property C~ners Association, Inc. (Under investigation) 14. Franchise taxes, if any, owing the State of New york by Questions regarding this report may be discussed with NOTE: On all titles where we have been asked to insure the interest of a mortgagee, the names of the proposed mortgagor(s) have been run for judgements and liens. Returns, if any, are listed above. Report 12 (12/85 schedule B continued.... ........ Title No. 33904-516 15. 16. 17. 18. 19. ~_win Fork Fence & siding Inc., a prior o~mer to 7/27/88. (Under investigation) The deed should contain the following recital: ,,This con- veyance has been made with the unanimous consen~ in writing of all the stockholders of thepa~y~ of the first parr." The enclosed mortgage vo be disposed of prior vo or on closing of title. Subject to tax search, letter ~o follow. Subject to unpaid water charges, the company does not make searches for same. A credit Line Mortgage Certificate must be completed a~ or prior to closing for deed transactions. Report 13 {11/74) SCHEDULE A (Description) Title No. 33904-516 ALL that certain plot, piece or parcel of land. with the Buildings and ~mprovements thereon erectec, situate, lyingandbeing at Mattituck, Town of Southold, County of Suffolk~ State of h~ew york, more particularly shown as ,,Sebastian's Cove Road" and the ~'Park and Playground and Reserved Area" all on a certain map entitled "Map of Sebastian's Cove Section Two~ Town of Southold" filed in the Suffolk County Clerk's Office as Map Number 7807. Disposition Report 14 (3/75) Mor~agor, TWiN FORK MORTGAGE Title No. 33904-516 Amount, $ F~CE & SIDING, INC. 176~000.00 1/28/85 2/7/85 Reel ~ Liber ~10599 GEORGE TOUMANOFF A~D JMNE TOU~7OFF, HIS WIFE PARTIAL ASSIGNMW~T OF MORTGAGE: George Toumanoff and Jane Toumanoff, his wife to John wickh~n and Anne Wickham Dated: 8/21/85 Rec'd: 9/12/85 Liber 11020 mp 233 The above mortgage, unless it is to be insured, will appear as an exception in our tit~e policy if not satisfied or other, vise dis- mortgage are often medif, ied by unrecorded agreements, and since all the terms and conditions of the above mortgage are not ~ of ~ ~ lot l~ or ~ ilO) ~ ~:~ ~i~i~ :0 (~tos~ing Instruments 1. Deed {Designate kind) Dated: 2. Deed [Designate kind) By Dated: To Cons. .Prom. Recorded 3, Mortgage (Designate kind) Reel ~. Liber) Dated: Cons. Prem, Recorded 4. Mortgage (Designate kind) By Reel ~. Liber J p Dated: To Amt. $ Prem. Recorded 5. Assignment of Mortgage By Reel Liber J p Dated: To Ree~ ~ Assigns Mortgage LiberJ Reel Recorded Liber 7. Other Instruments (Designate kind) Dated: P P To Amt. $. Prem. Recorded 6. Satisfaction of Mortgage Ree~ ~ Liber ~ p __ Dated: To Reel ~ Satisfies Mortgege Liber J p Reel ~. Recorded Liber J p 8. Other Instruments (Designate kind) Dated: Rcet ~. Recorded Liber p Closing Information Title closed at office of. Sellers Represented By Mortgagors or Purchasers Represented By. For Mortgagee Recorde~ by Address Address Reel Liber on__ P Others Insure No. Title USA_ Insurance Corporation of New York ~TITLE ~USA Certificate and Report of Title New York State Offices Albany County 90 State Street, Albany 12207 (518) 472-9161 Nassau County 170 Jericho Turnpike, Floral Park 11001 (516) 354-8500 f718) 347-2010 New York County 120 Broadway, New York NY 10271 (212) 732-9760 Queens County 90-15 Sutphin Boulevard, Jamaica 11435 (718) 739-4001 Rockland County 2 New Hempstead Road. New Cit~ 10956 (914) 634-3612 (212) 292-1528 Suffolk County 127 W. Main Street. Riverhead 11901 {516) 727-4140 (212) 962-1445 Westchester County 235 Main Street, White Plains 10601 (9141948-4040 (212)824-0404 RAYMOND L JACOBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 '734-52_11 September 14, ]987 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, New York ]]97! Re: Sebastian's Cove Road (SBB No. 87]07) Dear Mr. OrlowskJ: After reviewing Sidney Bowne's report of July 17, ]987, I recommend release of the bond with the exception that if the roads are ever dedicated to the town, the additional I" asphalt overlay must be placed to meet town specifications. ctfully, Raymond L. Jacobs Superintendent of Highways JUDITH T. iERRY OFFICE OF THE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPItONE [516] 765-1801 TOWN OF SOUTHOLD ............. THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 15, 1987: RESOLVED that the Town Board of the Town of Southold hereby releases the $125,000.00 performance bond for roads and improvements in the subdivision of Sebastians Cove, Section II, all in accordance with the recommendations of the Southold Town Planning Board, Superintendent of Highways Jacobs, Sidney B. Bowne & Son, Consulting Engineers, and the Town Board Highway Committee. Judith T. Terry Southold Town Clerk December 16, 1987 D i TO,VI'4 F..~' c.~.OUTHOLD AC. EA~ (0,%2 AL. Lc.-=. Fom~ ~'~o. 235 COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK 1, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and the Court of Record therof, do h_~reby ceFtify t_hat ] have compared the anne~e~ _~th the or~,n,,, . .~ '.-L,L ¢...: ./..4.:~.....'.- '~ ..... '7""' ...... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, ! have hereunto set my hand and affixed t ar,," Court ,he s~a, of,a,d Court, '~' ¢.,'.-..~,~X.' ..... : ...... . ~..~...'.-'~....~../.~C~erk.