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HomeMy WebLinkAbout1000-4.-5-1.7 ctJ l' C) C) ~ Oi l' C) 'i -t. monument S 5" 13 '30 "E 4/.09' iron pipe NOTE - CoordiTof8 d,~MI$ Of'8 msosurfJd from (I. S. Coo~ and G6OdtJIlc<:urvtly Triangulation SIr1fit1l1 "CHOCOMOUNT 21T BLOCK 16 LOT 3 N3fM.95 E 28/.09 1 ' arc ~ /18.6 arc :/r" I " ,,<./r.6,7' I vacant land I, AREA =o.I9~ ACr8$ arc ~ 1/1.39 <.n \l) \ a I.>> ,-- BLOCK 16 LOTS GUARANTEED TO TICOR TITLE GUARANTEE COMPANY AND RAYMOND B. GARY IN ACCORDANCE WITH THE MINIMUM 3TANOAROS FeR TITLE SURVEYS OF THE NEW YORK STATE LAND TITLE ASSOCiATION C\t ~ 'J ~ ~ ~ a~: 80.09 marunen N 354.97 E 473.31 ~' i~ ';)I1g 9 " ~ !> ~I ~~/ ~ ~ o ll) CI) fl/~;L SURVEY MAP OF PROPERTY TO BE CONVEYED BY FISHERS ISLAND DEVELOPAENT CORP lfl. RAYMOND B. GARY BLOCK 16 FISHERS ISLAND, N. Y. Scole: /"=40" Chondl8r. PalmtJr a Kina Norwich, Conn. OcfolHlr 14. /986 November 27, 1987 Lynn Steinberg ' - Hall, McNicol~ Hamilton and Clark The News Building 220 East Firty-Second Street New York, NY 10017 Re: Raymond B. Gary Lot Line Change SCTM~ 1000-4-5-1.7 and 2.2 Dear Ms. Steinberg: The following action was taken by the Southold Town Plan~ing Board, Monday, November 9, 1987. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse'the lot line change for Raymond B. Gary located at Fishers Island, SCTM~ 1000-4-5-1.7 and 2.2. If you have any questions, please don't hesitate to consact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRlVJ%N SOUTHOLD TOWN PLANNING BOARD August 3, 1987 MS. Lynn Steinberg Hall, McNicol, Hamilton, and Clark The New Building 220 East Forty - Sec~nd:~Street L _~.. New York, NY 10017 Raymond B. Gary lot line change SCTM ~ 1000-4-5-1.7 and 2.2 Dear Ms. Steinberg: The following action~.was taken by,the Southold Town Planning Board, Monday, July 27, 1987. RESOLVED that the Southold Town Planning Board approve the lot line change for Raymond B. Gary located at Fishers Island, (East End) SCTM ~ 1000-4-5-1.7 and 2.2 to merge .19 acres from land of Fishers Island Development Corp,, (FIDCO) to land of Raymond Be. Gary, said L19 acres not to be considered a separate building lot; subject to: 1. Receipt o~ three original surveys dated October 14, 1986 titled Fishers Island Development Corp. to Raymond B. Gary, for the Chairman's endorsement. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary HAt:E. [VIcNICOL. HAMILTON & CLARK THE NEWS BUILDING [30NALE -~ F~CNICOL 220 EAST FortY-~ECOND STREET THREE LANDMARK SOUARE E. D~UGLAS HAMILTON SUITE 400 October 1, 1987 ~COUNSE_ FEDERAL EXPRESS, Planning Board Town of SOuthold Suffolk County Southold, New York 11971 Re: Raymond B. Gary Lot Line Change SCTM ~ 1000-4-5-1.7 and 2.2 Dear Sirs: Enclosed please find three original surveys dated October 14, 1986 titled Fishers Island Development Corp. to Raymond B. Gary for the Chairman of the Seuthcld Town Planning Board's endorsement. I trust this will effectuate He lot line change referenced above and the 0.19+ acres to be conveyed to Mr. and Mrs. Gary will merge with Block 16, Lot 5. Kindly confirm your receipt of the enclosed surveys by stamping a copy of this letter and return it to me in the envelope provided for your convenience. Very truly yours, Lynn Steinberg LS:nj Enclosures cc: Mr. Raymond B. Gary Paul M. McNicol, Esq. RECEIVED BY T t I.~V.7-':~ TI}" S'~} I'.'Til:i'l ''-~ '""il.'~f:2 I) .: - ;::,.....';' ..~.'., :.~.: ~. ,~ I,' I. I~,O,,.I ..1~..,.,I :'( ~ I,. };.I ! 8outhold, N.Y. 11071 Robert Brown S±dney and Bowne and Son ltauppague, blY 11787 Dear Mr. Brom: Pursuant re your agreement with the Tom of 8outhold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, site plan) M~TERIAL SUB~XilTTED: ~ile ~ Saffolk County ma× Map ~o. \(h~ - ~q ~ ~ Sketoh F lan Prelimimary map Street Profiles Grading Plan Preliminary site plan Final 'Map Other Comments: Very truly yours, SOUTHOLD TOWN PLANNING ~BOARD HALL. McNICOL. HANllLTON & CLARK THE NEWS BUILDING DONALD E' MCNICOL 220 EAST FORTY-SECOND STREET THREE LANDMARK ~OUARE E. DOUGLAS HAMILTON SUitE 400 HArJ~Y b. CLARK NEW YORK. NEW YORK 10017 EXPRESS ~IL Southold To~ Planning Board Suffolk Cgunty To~ Hall Sou%hold-, New York 11971 Re: FIDCO to Raymond B. Gary Lot Line Change Merger of 0.19+,Acres with Block 16 Lot 5 Dear Sirs: On behalf of our client, Raymond B. Gary, I enclose herewith the following documents ~n ~nnection with his application to have the Fishers Istan~ property he is acquiring from Fishers Island Development Corp. (approximately 0.19+ Acres) merge with Block 16, Lot 5 which he presently owns: 1. A contract of Sale by and between Fishers Island Development Corp. and Ra~ond. B: Gary (the "Contract"). Specific ~eference zs made to paragraph 11 of the Contract setting forth the basis for the lot line change; 2. Schedule A of the Contract setting forth covenants and restrictions affecting the land; 3. A letter executed by Mr. Gary regarding drainage, roads and grading; RECEIVED BY DATE © © 4. A sho~t env~ronme~tai assessment form; 5. An application for approval of plat; 6. k check in the amount of $50.00 made payable to Planning Board Town of Southold representing the processing fee of the application; l. Survey made for Raymond B. Gary, Block 16, Lots 5 & 3 dated October 16, 1986; and 8. Survey of Fishers Island Development Corp. to Raymond B. Gary dated October 14, 1986. Should you have any questions, please~do not hesitate to call the undersigned or Paul M. McNicol collect at (212) 682-3060. We would appreciate your efforts to expedite the processing of this application. Kindly acknowledge receipt of the enclosed documents by stamping the enclosed copy of this letter and returning it to me in the self-addressed stamped envelope. Very truly yours, Lynn Steinberg LS:nj Enclosures cc: Mr. Raymond B. Gary Paul M. McNicol, Esq. George Browne, Esq. HALL. McNIcoL. HAMILTON & CLARK SGBllO made and dated , 1987 between · a co,port,ion ?~ga~ze~ of New York, hav~ng its princip~i off COunty and State of New York (hereinafter the "Seller"); and RAYMOND B. GARY and PRUDENCE G. , New York, NY 10021, (hereinafter as-the "PUrchaser"); W ITNES SETH 1. The Seller agrees to sell and convey, and the Purchaser agrees to purchase all that certai9 piece ~r parcel of land .~escribed in Paragraph 2 hereof· with the improvements thereon, zn the Town o~ Southold, Suffolk County, Sta%e of New York, being a part of that portion of Fishers Island belonging to the Seller (which portion is hereinafter called the "Park") lying on the east side of the shore of West Harbor. 2. The piece or parcel of land hereby agreed to be sold consists of the~land described in the de~d which ~ill be delivered hereunder, a C~py of ~hich de~ is annexed hereto as Schedule A and which land is s~l~ Subjedt t0 the covenants, restrictions and li~itatibns S~t! f0rth't~erein. Such land is also dep as -"Area=0..19+ Acres" Certain map~or plow entitled ~ ~O bel Fishe~s"Island Dew B. Gary 1' = ft Fishe ~r 14, 19~6" and Chan Palme.r & nn. ~ is One Th, ,786.00) whi~ he check upon t~ 4. Th Seller, on receiving such paym~ shall execute deliver in deed in a to the simple of said premises, free of all encumbrances excep= as therein stated. 5. In the event the Seller is unable to convey insurable title in accordance with the terms of this Agreement, then the Seller shall be allowed a reasonable time thereafter not exceeding SiXty (60) days within which to,perfect title. If at the end of said time Seller is still unableto ~o ~nnumu -2- Purchaser including but not limited to the cost of the Seller's counsel and ~he cost of Selter's surveyor for developing recordable boundaries. 7. represents that has not' or in s~ve, c~aim sale, or all ~urvive 8. taxe the charge over g portion shall ~ch ~harge. Purchaser fu.:ther agrees with and represents to the ~e has examined the premises; that the Purchaser zs led with the physical condition thereof; that he the premises "as is" and in theiriexi~ting t ~.-~.~ '~ =~--~'erstood and agreed that this %..; ...: ~' ~ ~-.. ........ ?. ..... ~ ane. any other schedule.~ o' .~'~ .... . ... ~'...:. ' body of this Agreement and a~,.',.. con~ltu't~,~ q: ,~tire contract between the parr 'i... .~, and that no ora! Lh%uements or promises, und£ .! .ng no~ embo,diedl {n this writing, shall be bind. 11. It i~ specially agreed that abov~ will merg~ upon th~ conveyan ~ ~s owned and become s continC at hi~ app~Oval from th ning Board (~'Boar li~h~ change, ees to faith, with du~ d to keep th~ ~r of the'.st~ In the -3- instruments as shall be necessary to remove this Agreement from record and/or to nullify any possible effect of the recording hereof. To that end, the Purchaser agrees to pay all costs and reasonable a~ttorneys fees incur.red by the Seller in removing Such'cloUd 0~ tit~e. ~ be delivered at the office of Day, Berry & Square, Stamford, a~ 11:00 { the 11 above., s no 1, gh't to each ~ in whi th. t~eement 14. Th shall be binding upon and inure to the administrators, successors, and 9arties. parties to these presents have day first &bore written. FISHER ISLAND DEVELOPMENT CORPORATION By ~ ~ ~ Purchaser: Bond B. Gary .~urchaser: vrud~l~ce G. ~r~ ~.SCHEDULE A THIS , made day of , between FIS]{ER ISLAND laws Cirri the ~einaf-ter called the grant~ ~ ~he in no and States and and as~ign~ ,. ~cel of land, with ~the improvements ther of Sou~hold, Suffolk Cou of New York of:Fis belonging to g hereinaft~ ), said of' lan~ being bounded as Beginning at a monument at the Northwesterly corner of the herein described~tract, said monument being located 395.95 feet North of a point which is 281.09 feet East of another monument marking the United State~]Coast ~ Survey T~iangulation 2~ thence minutes 30 an iron pipe uight having the that point i tees 10 seconds ,Ea.st; ~hence running Eastwardly f~ltowing the arc of said curve 111.39 fee ~,a point, of curve to the right havi us of 513.34 feet and the whose radius at that point 22 minutes 10 continuing following the arc of said a monument; thence mi~nutes 27 seconds radius at that point is South ~5 degrees 22 minutes 10 seconds West; thence cor~tinuing Westwardly and fol~owxng the the Containing 0.19 acres, more or less. together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record or otherwise, if any, and easements for use of public utilities; and S to all applicable laws and r~gulations of Federal, I~o the grantor h~ein fr:~'~ ~ grant of the land an~ pre~i~es hereby conveyed e~sements and rights of way within a strip of land approximately five feet wide for the ~rection thereon of 'to support wires for the transmission of electricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe lines or PROVIDED, ~OWEVER, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the put,pose of constructing repairfn~any sach pole line, pipe line or conduit, it shall become the duty of 3the grantor, its successors or assigns, forthwith, at its or their own expense, to repair and restore the surfaCe.of the ground so disturbed to substantially the same condition as shall have existed before the time of such disturbance. The grantor hereby grants and conveys to the party of the · second part, his heirs and assigns, an easement for ingress to and egress from the premises above described over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein the distance ~ be traveled ~he premises he~n gra~3~f~to the ~-~ ~ ~he second and unto his heirs and assigns forev6r. PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are her.eby entered into by the partv of purposes only, and~ho~ otherwise, and there shall be erected thereon only.a private residence for the use of one family only, together wfth .the necessary °~tbuildi~gs appurtenant thereto. 'PROVIDED ~th&t if more thanone homeSit~ i~s hereby oonveyed; Only one such resi~dence shall be 'erected~ or m~intained o~ each of such homesites, which are hereinbefore respectively designated as Homesites Nos. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made to the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and locatin plan) which shall have been approved in writing by the grantor, its successors or assigns. ~..oc~ shall be erect~?o~ ~ ned That rne premises herein conveyed shall be kept free from ' ~' ~ m object or condition otherwise any nuisance, and f~ any offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. (a) An annual~as~c maintenance charge of $~25.00 per acre of the premises 'hereby conveyed, such charge to be applied to the maintenance, re~air, and. improvement of roads~, sidewalks, sewers, an4~gutters, and to the collection and'disposal of garbage and other refuse; and (b) An annual supplemental maintenance charge in such amount (not exceeding $1,000). as may be determined from time to time by the board of directors of the grantor (or the person or persons havlng similar powers and duties with respect to the successors or assigns of the grantor).said charge also to be a~plied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and~o%her refuse. In establishing from time to time the amount of said annual ~lemental m~L~ance-~e ~73~.-~nt charges may be made charge ~ith ~pect to'more th~.o~, parcel owned by the grantee in the ~'Park", provided, h~ever, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable s~all be in the amount then established for imProved parcels. Solely for purposes of the preceding sentence the te~m "~mn~" =h=~ ~..~- Said basic and suppI~nt~l ma, int~enance charges shall be payable annually With full pa,Yme~t dae within fifteen (15) days of receipt~ of, a written st~atement therefor. Unpaid maintenance cha,rges are hereby made lie~s on the .premises. NOth,ing herein contained shall obligate the g~antor, its successors or assigns, to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose~ of any garbage or other refuse. In no event Shall the grantor~ its successors or assigns be liable for any failure of performance hereunder un~ess such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to tbs paragraph. And it is further covenanted and agreed that no right to the land co~red by the waters 0~f a~y pcnd on which said premises abut,~ ~a~ fhe cont{o'l ~<~{~of, ~r ~) t~s~ol:~'o:f~ the ~and ruin ... ~ water ~'~ ~ ...... c ~ ~ ~ ' ~ ~)~t~3.~.~,~ny ~f sald waters, shall first part shall have said ponds and/or streams as may from time to time be found expedient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the reserves to itself a~d. its assiggs all 'the waker rights upon the p'remises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee's own expense, when so requested by the grantor, a~ lateral sewer connection with a main trunk line sewer, if there shalI be one on said premises, or if such trunk line sewer shall ha~e been brought to the property line of said premises. Thet. grantee further covenants and agrees at all times to maintain such septic tank, facilities and/~r lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such~sep~ic tanks, facilities and/or lateral sewer connection shall]first be approved in writing by the grantor. . .... ~ ~ ~ The grant~ 'knowingly pe r~i~ the water water pond~'&~ s cont~nguous or adjacen~ to les may be in any way polluted or rendered unfit for potable purposes. All the covenants and agreements herein expressed shall be binding upon th~ grantee, his heirs and assigns, and shall be agreements cohtained in a deed from Fishers Island Corporation to William W. Galbraith and Katherine S. Galbraith dated November 4~ 1927 and~recorded ~n ~iber 1317 at page 164 and in a d~ed from Fishers I~land Corporation to Augustus Embury Palmer and Elizabeth Hepbur~ Palmer dated October 11, 1927 and recorded in Liber 1542 at page 497 a~d any other iastrument from Fishers Island Corporation, its assigns or successors which provides t~at unless the premises therein conveyed shall be improved by the erection of a private residence for the use of one family only thereon as aforesaid, within thr~e (3) years from the date of said deeds, the grantor, its successors or assigns, shall have the right and or option of repurchasing the same upon the payment of the original purchase price thereof, without interest and the grantee, his heirs or assigns, covenant and agree that he or they will execute, acknowledge ~and deliver, or cause to be executed, acknowledged and delivered, a reconveyance of said premises free and clear of any mortgage, taxes or other liens, charges or encumbrances ~ai~t~said~ pre~upon~/~a~ or tender of the amount of ~.~ o~inal~T~ interest, are hereby re~e~ ~ All rights and easemeDtm of access, imp2f~=~¥~g?r ~xpressed, to the property herein convulsed shall be limited by and subjec[ ro such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or presgribed by the grantor, its successors or assigns. enure to, mean or require only ~e right or act of the said Pishers Island Development Corporation, or its corporate successor, and s~hall not refer to o~ include a person or corp~ration' holding only as ~ran~ee of land fro~ said corpor'ation. PROVIDED, HOWEVER, ~hat any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the proper, ty within the "Park". The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where such waiver or change shall ~pply to and affect all the land within the "Park" which has. ~&~n~congeyed ~ubject to the covenants and ~),;eaants.and agreements may be ~Onsent of the grantor or its s~o¥~ th~ owners (other than the grantor) ~ a majority in acrma~?all the land within the "Park". PROVIDED, HOWEVER, that nothing in this. deed contained shall limit the right of the grantor, its successors or a~signs, to set apart such part of its l~nds. of the residgnts of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any. rights or interests in said'lands. No appurtenant or other interest in the real property of the grantor not expressly set forth inl this instrument are hereby ~ conveyed or transferred to the grantee here~n, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, run with or are attached'to the land conveyed. The grantor covenants that the conveyance made hereunder is made in the ordinary course of the 9rantor's business. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be.s~g~ed by its duly authorized officer ~ ~Y a~ abo~, ~ ~,~tten. FISHERS CORPO~TI<~ By Winthrop Rutherfurd, Jr W.C. Ridgway, III Secretary President Corporate Seal ';' J STATE OF NEW JERSEY COUNTY OF MERCER day of · 198>7~, before me III tolme Lng by me Bt of described ~t he ro ' b Notary Public My commission expires: July 8, 1987 Southold Town Planning Board Town Hall Southold, New York 11971 Re: FTDCO to Raymond B. Gary Lot Line Change - Merger of Block 16 Lot 5 and portion of Private Road belonging to FIDCO Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned lot line change and its referral to the Suffolk County Planning Commzssion: (1) Specific reference is made to paragraph 1~ of that certain contract of sale between the above-referenced parties~ a copy of which is attached hereto. (2) No new roads are proposed and no changes will be made in the g~ades of the exzsting roads. (3) No new drainage structures or alteration of existing s~ructures are proposed. Raymond B. Gary { SGB110 · 1987 between a corporation ~g~nize~ under ti of New York, having ~ts principa! office in and State of New.York (~ereinafter and RAYMOND B. GARY. an~'PRUDENCE GARY of 840 York, NY 1Q021, (hereinafter described as the ' WITNES SETH 1. The Seller agrees to sell and convey, and the Purchaser agrees to purchase all that, certain piece or parcel of land .described in paragraph 2 hereof, with the improvements thereon, in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to the Seller (wh%ch portion is hereinafter called the "Park") lying on the east side Of the shore of West Harbor. 2. The piece or parcel of land hereby agreed to be sold consists of the land described in the deed Which will be delivere~: hereunder, a copy Of which ~eed is annexed hereto as Schedui~A and'which land is~sold sub]ect to the covenants, restrJ limitations set forth therein. Such land is als as "area=0.19+ Acres" on a certain map or plow entitled ?PIan Of Property ~o be Conveyed by Fishers Island Development Corp to Raymond~ B. Gary Block 16 Scale: 1' = 40 ft Fishers Island N.Y. October ~4, 1986" and prepared by Chandler, Palmer & King, N0~wich, Conn. 3. The purchase price is One Thousand Seven Hundred Eighty- Six and no~100th Dollars ($1,786.00) which the Purchaser agrees to pay by 6ash or certified check upon the delivery of the deed hereunder. 4. The Seller, on receiving such payment, shall execute and deliver in recordable form, tO the Purchaser, or his assigns, a deed in the form annexed hereto as Schedule A so as to convey to the Purchaser the'fee simple of said premises, free of all encumbrances except as therein stated. 5. In the event the Seller is unable to convey insurable title in accordance with the terms of this Agreement, then the setle= shall be sllOwed a reasonable time thereafter nou exceeding 'sixty (60) days within which to perfect title. If at the end of said time Seller-is still unable to so convey title, -Z- -Purchaser including but not limited to the cost of the Seller's counsel and the cost of Seller's surveyor for developing recordable boundaries. 7. s that he has not reta or in by ~eason of the claim of this sale, or all att ll survive the ~ance charge over Drtion of ~. shali further agrees with and represents to the he has examined the premises; that the.Purchaser is ~ the physical condition thereof; that he premises "as is" and in their existing ~t neither the Seller nor any representative of ny r~presentation Or ~romise 6pDn which the concer.ning the condition Of any property except as h~rein may be expressly set 10. It is understood and agreed that this written Agreement' (including SchedUle A and any other schedules or any riders refe~ed to in the body of this Agreemen~ and attached ~ereto) conShz~utes the'entire contract between Ehe parties hereto, and tha~.no oral statements or promises, and no understanding not embodied in this writing, shall be valid or binding. 11. It is specially agreed that the premises described above will me~ge upo~ the cogveyance thereof with existing Block ~6 Lot ~ which is ~wned by the Purchaser and become This'contract zs colntingent upon the Purchaser at his obtaining approval from the Southold Planning Board d") for this lot lin~~ ~hange. The Purchaser agrees to in good faith, with due diligence and to keep the reasonably inf~rm~ of the status thereof. In the Board denies such approval this AQreement shall be -3- instruments as shall be necessary to remove this Agreemen~ from record and/Or 'to nullify any possible effect of the recording hereof. To that end, the Purchaser agrees to pay all costs and fees incurred by the Seller in removing suc~ be at ~he office of Day, Berry ~ , Conaecticut at 11:O0 by the · S no 1987.the Set}er t to te each party hereto no ~nd~in whiCh.e=ent bindi and inure to the executorS, admini successors,, and parties. IN'WI :ies to these pr~esents have '/hereunto day f~rst above wrltten. FISHER ISLAND DEVELOPMENT CORPORAT ION By . Purchaser: ~a~ond B. Gary Purchaser:~ SCHEDULE A THIS INDENTURE, made the day of ISLAND Under the laws call second pa~t. of the in and ~ United States tel the Becond part and heirs and ALL or parcel of land, with the improvements Southold, SuffoIk County, State of New portion of nd belonging the "Park"), p~! of~la~d b~ing bounded as Beginninq at a monument at the Northwes.~erly~ corner of the herein de!scribed tract, said monument being t6Cated'395.95 feet ~North of a point which is 281.09 feet East of another monument marking the United States Coast ~lation and thence 5 degree~ 13 minutes 30 East 41.09 feet to an iron pipe ,at. curve to. the right having and the d~i~ at that point i~ 10 thence Eastwardly ~' arc o! d curv~ 111.39 of curve to the right ~ of 513.34 feet and the r~d~uls at that point minutes 10 co~tinuin~ the arc of said thence seconds mOnUmeh= a a point -2- radius at that point is South 05 degrees 22 minUteS 10 seconds West; thence continuing Westwardly and following the arc of said curve 118.61 fee~ the monwment aZ containing 0.19 acres, more or less. together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record or otherwise, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; RESERVING to the grantor herein from the grant of the land and premises hereby conveyed easements and rights of way within a strip of land approximately five feet wide for the erection 'thereon of poles to support wires for the transmission of electricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe lines or conduits under the surface of said reservation for any -3- PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the purpose of conStr~ct~ng repairing an~ su~h 'pole line, pipe~ line or conduit, it shall 'bgoome the duty oftthe grantor, a ' its success:ors or ssagns, forthwith~ at-its ~r their own. expense, to repair and restore the~ surface of the ground so disturbed to substantially .the same condition as shall have existed before the time of such disturbance. The grantor hereby grants and conveys to the party of the · second part, his heirs and assigns, an easement for ingress to and egress from the premises above described over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part and unto his heirs and assigns forever. PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are hereby entered into by the party of the second part by the acceptance hereof, -4- purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, togethe~ with, the necessary outbuildings'appurtenant thereto., PROVIDED thatif more than one h0mesite is hereby con=eyed, only one Such residence shall be erecte~ or maintained oa each of such hOme'sites, ~hich are hereinbefore respectively designated as Homesites Nos. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made to the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior colOr scheme, grading plan, planting plan and locatfQ'plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no lige stock shall be kept on any part of the property hereby conveyed. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. -5- (a) An annual basic maintenance charge of $25.00 per acre of the premises-hereby conveyed, such charge to be applied to ~he rm~intenance? repair and improvement of r~ads, sewers, and ~ut~e~s, and to the collection and disposal of g~rbage and other refuse; and (b) An annual supplemental maintenance charge in such amount (not exceeding $L,000) as may be determined from time to time by the board of directors of the grantor (or the person or persons having similar powers and duties witch respect to the successors or assigns of the grantor),said charge also to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of g~rbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge different charges may be made applicable to improved and unimproved parcels. In no event shall the~grantee, his heirs, successors or assigns be obligated to.pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the aran~ -6- ~Said basic and eupplemental maintenance charges shall be payable annually with full payment due within fifteen (15] days of receipt.of a written statemen~ therefor. Unpa d maintenance charges are he, feb¥ made liens on the p=emises. Nothing herein contained~shall obligate the grant, r, its successors or assigns, ~o maintain, repair or improve any roads, sidewalksr sewers (exceptS.such ~ain trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to ths paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters, or to the use or control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to time be found expedient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the ~am~ mmv reserves to itself and its assigns all the w~ter rights upon the premises hereby conveyed. The grantee co~enants~ and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposi~ng of all sewage originating on said premises and further to install at the grantee's own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer, if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property line of said premises. The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor. The grantee hereby covenants and agrees that he will not knowingly'permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams continguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. Ail the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be -8- agre'ements contained fna deed from Fishers Island Corporation to William W. Galbraith and Katherine S. Galbraith dated November 4, 1927 and reCorded in Liber 13t7 a.t page 16~ and in a deed from Fishers Island Corporation to Augustus Embury P&lmer and E!izabe~th Hepburn Palmer dated October 1!, 1927 and recorded i in Liber 1542 at page ~97 and any other nstrument f.rom Fishers Isl&nd Corporation, its assigns or successors which provides that unless the premises therein conveyed shall be improved by the erection of a private residence for the use of one family only thereon as aforesaid, within three (3) years from the date of said deeds, the grantor, its successors or assigns, shall have the right and or option of repurchasing the same upon the payment of the original purchase price thereof, without interest and the grantee, his heirs or assigns, covenant and agree that he or they will eXecute, acknowledge-and deliver, or cause to be executed, acknowledged and delivered, a reconveyance of said premises free and clear of any mortgage, taxes or other liens, charges or encumbrances against said premises upon the payment or tender of the amount of said original purchase price, without interest, are hereby released. Ail rights and easements of access, implied or expressed, to the property herein conveyed shall be limited by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns. -9- enure to, mean or require only the right or act of the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a ~)exson or corporation holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any maaner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park". The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" Which has been conveyed by the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grantor subject to the covenants and agreements herein set forth, said covenants.and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park" PROVIDED, HOWEVER, that nothing in this deed contained shall limit the right of the grantor, its successors or assigns, to set apart such part of its lands, situated within the aforesaid -10- cf the. residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall no~ operate to confer or vest in ,purchasers or p~operty owners any. rights o~ interest~ in said lands. No appurtenant or other interest in the real p{operty of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee here.in, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, run with or are attached'to the land conveyed. The grantor covenants that the conveyance made hereunder is made in the ordinary course of the grantor's business. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION By Winthrop Rutherfurd, Jr W.C. Ridgway, III Secretary President Corporate Seal -11- STATE OF NEWJERSEY On the day of tha , me It of 'described knows .al f~ixed, to said affixed, by , and that he Notary Public My commission expires: ' tT'RO]ECT LO. NU~e£R I . ~te Envlronment~l Quality Re~le~ SHORT ENVIRONMENTAL ASSESSMENT FORM ' For UNMSTED ACTtGNS Only PART I Project Information ~o be completed by'~ppJicant or Pmj~ ~onsor) . ~aymond B. Gary J ~o~,~l.ine ~"~t~ Sou%hold Cou,w Suffolk ~ N~ ~ E~ansion ~ Modificafi~'alterafion s: o~,~*,~t~e¥ P~rsu~t CO a co,nt~a~ o~ s~la~applica~ is P~rc~asi~g an a~ea of 0.19~ ~cre~ of ~lock 16 ~mom Fisha~s i~bland~Deve~p~e~~ ~ C~r~'i~ Which ~ppilica~t req~ss'ts be me.~gea Wich~,Bt0~k~ 16, ~,ot 5 wki~h 'ap~liaan% presently o~s. Survey Map i~i~'a~ing 0.19'+ Acres ~o be conveyed by Fishers Isled Developmen~ Co~po~tion %o Raymond B. Gary attached Yes L-] No If NO, de~cnbe briefly Residential [] 1oc~ustriaJ [] Commercial [] Agncukure [] Parkland/open soace [] Other ~ [] YeS [] NO If yeS. llst agency(s) and perm,t/approvals [] Yes [] No If yes, list agency name and perrnjL/aDproval zype If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER APPLICATION FOR APPROVAL OF PLAT To the Plannlnff Board of ~he Town of'Southold: The undersigned applicant hereby' applies f~ ~te~ve) (i~) ~p~o~! of a subdi~ion plat in - ~ ~c~r~ ~th ~rffcI~ 16 of ~e Town Law ad '~e RuI~ and R~afions of the Sout~old ,~1a9~ B6ard, ~d rep~se~ts and stat~ as f0~o~: 1. The applicant isthe owner of record of ~e land n~der appllc~on. (If the appli~nt is nor the ~n~ of record of the land under application, the app!imnt shall state hi~ interest in s~d ~d ~der :applimfibn.) 0}l?;}' :Acre~' ~.Bt?~ 16 into Block 16, LoC 5 3. The chore land ~n~ applica~oa is described ~n Schedule ~A~' hereto ~nnexe~ (Copy of deed 4, The land is held by the appllcant under deeds recorded in Su{folk Count' Clerk's office as follows: Liber ........................ Page ...................... On ....................... ; niSer ........................ Pa~e ...................... On ....................... ; Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... : L{Ber ....................... Page ...................... On ....................... as devised under the Last Will and Testament of ...................................... or as d{str[butee ........................................................................ 5. The area of the land {s 1.92 acres. 6. AII taxes which are l{ens on the land at the (late hereof have ~een paid except ............ 7. The ]and is encumbered by ............................................................. mortgage (s) as folio%vs.: (a) 5{ortgage recorded {n L{ber .............. Pa~e .................. in original amonnt of $ .............. unpaid amonnt ~ ..................... held by .............. address ............................................................... (b) 5{ort~e recorded in LiBer ......... ~a~e ....................... in ori~na~ amount of ............. unpald amount $ ...................... held by ...................... .............. address ............................................................... (c) A{ort~age recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ....................... ...................... address ................................ ~ ........................ 8~ There are no ~her encumbrances or liens against the land excepz ........................ residential 9. The land lies in the follo~ving zoning use districts ............. : ......................... i0. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- 11. The applicant shall at his expense install alt required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. ~,¥ater mains will be laid by ........................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards w/Il be installed by ......................................... ..................................... and (a) (no) charge will be made for installing said line9. 15. Gas mains will be installed by ........................................................... and (a) (no) charge will be made for installing said mains. 16. if streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the ]and which are not located and shown on the plat. I9. Where the plat shows proposed streets which are extensions o£ streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20 In the course of these proceedings, the applicant will offer t>ror~f of title as requi~ed by Sec. 335 of the Ii. cai Property Law. 21. Submit a copy of proposed deed for Ipts showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that *lte cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests thatthe maturity of the Performance Bond be fixed al: .............. years. The Performance, Bond will be written by a licensed surety company unless otherwise shown on Schedule (Name ~plicant) STATE OF NEW YO~. COUNTY OF ................................. ss: On the .................. day of ............................. 19 ....... before me personally came ........................................... to me known to be the individual described in and who executed the foregoing instrument, and aeknowled ged that .- ........... executed the same. Notary Public STATE OF NE~¥ YORK, COUNTY OF ............................ On the ................ day ............ of ............... 19 ....... before me personally came ..................... ro me known, who being by me duly sworn did de- pose and sa7 chat ............ resides at No .................................................... ............................. that .......................... is the .......... the corporation descri[ed in and which executed the foregoiug instrument:that ............ knows the seal of said corporation; that the seal affixed by order of the board of director~ of said corporation. and thai ........... signed .............. name thereto by like order. Notary Public T( $outhold, N.Y. 11971 (516) 765-1938 QUESTI6NN~/_RE TO BE COMPLET~ED ~AND SUBMITTED WtT~ 'YOUR APPLICATIONS FOPJ~S~ TO TP~E,PLA/qNI~G BQARD Please complet~,, sign and return tO the Office of the Plannin~ Board width your completed applications forms~ If~yoUr answer to any Sf tke~ f611~wing q~stions is y_~ please ihdicate these On ~ou~ igUarahteed sur~ey or sub'it other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? ~es No 3. Are there any building permits pending on this parcel? Yes No 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) Yes No~ 5. Is there any application pending before any other agency with regard to a different project on this parcel2 Yes No 6. Was this property the sub3ect of any pr~or application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if yes please submit.a copy of same Yes No I certify t_~at the above sta/c~men~s are true and will be relied on by th~anning Boa~in~sidering ~his application. 'g tu~e of property owner or ~uthorized agent date Raymond Gary Attachment to questionnaire forrthe Planning Board STATE OF NEN YORK, COUNTY OF SUFFOLK, ss: On the dgy of Jut¥ , 19,~7. before me personally came Raymond Gamy to me known to be the individual described inboard who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public LASER FICHE FORM project Type: Lot Line Chanqes SCTM # 1000 - 4.-5-1.7 Project Name: Gary, Raymond B, Location: Hamlet: Fishers island ~Applicant Name: Raymond Gary ;~OWner Name: Raymond B, Gary . ,¢: ~, / Zone 2: Zone 3: i IAP,Piicaition Date: -?(~197 Received A~)proval,Date: U, ~ ~ Cou~yrF[ling Date: ADDITIONAL SUBDIVISION INFORMATION A date indicates that we have received the related information C and R's: Homeowners Association: R and M Agreement: _,r r ,..., ".. ...... y' 0..' ."..r J' "..,.-,.., ,Pl. .......- TO~~W~ ~J~LDi .. . ~t(: d .. -- , Suffolk county. New York. 516 . 765.1801 N~ 232 ! . Southold. N. Y. 11971 ~~l ~WJ~-v+LC~- . .' ..' . . Dol\ar& .5.f). O( .~~ -~. _J~~c~";j;: - -- --_.-~-- --- ----- -- --- -- E"" (6 CuhO ... ..A . Checlt Ef/41 N} 0 8y .. .,.............. '-:: - --_.--- _.---~--_.- ~.--~_.__.