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HomeMy WebLinkAbout1000-6.-2-3.1Southold. N.Y. 11971 (5161 765-1938 November 25, 1987 Mr. Stephen L. Ham Attorney at Law 45 Hampton Road Southampton, NY 11968 Re: Set-off for Annette Zabohonski Dear Mr. Ham: The following action was taken by the Southold Town Planning Board, Monday, November 9, 1987. RESOLVED that the Southold Town Planning Board approve the set off for Annette Zabohonski located at Fishers Island to convey property to Grebe, subject to said property conveyance to merge land with existing house lot of Grebe. If you have any questions, please don~'t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIP~AN SOUTHOLD TOWN PLANNING BOARD BO/jd ATTORNEYS AND CO~SE~RS AT LAW 45 H~PTON RO~ SOUT~PTON, N.Y. 11968 November 10, 1987 Ms. Diame Schultze Southotd Town Planning Board Town Main Road Southold, NY 11971 Re: Set-Off Application of Annette Zabohonski Dear Diane: t have enclosed a check to the Southold Town Clerk in the amount of S250 to cover the fee for the referenced application. Pleaes send me a copy of tbe approved map as soon as it is available. Sincerely, Stephen L. Ham, III SLH:ja Enclosure TO 1~.0 Broadway NORWICH. CONNECTICUT 06360 MATTHEWS 45 Hampton R~ad Southamp%on, N. (203) 889-3397 & HAM Y. 11968 Nov. 6, 1987 Stephen L. Ham III, Esq. Zabohonski i~ WE ARE SENE~ING, YOU /~ Attached [] Under separate Cover via the fo lowing items: [] Shop drawings ~ Prints [] Plans [] Samples [] Specifications [] Co~y of letter [] Change order [] 1 Set Off'Plan Made for Annette Zabohonski - Fox Avenue and Crescent Avenue, Fishers Island, N.Y. THESE ARE TRANSMITTED as checked below: [] For approval [~ For your use [~ As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] 19 [] Resubmit [] Submit [] Retur~ copies for approval copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US REMARKS-_ COPY TOT/own of Southold Planninq Board 112 Prints) Frederick Tedeschi, Esq. (1 Print) SIGNED: Richard H. Strouse ~'-=~,~ , ,, ~- ~i~slOi~ ,OF REGLI~ATORYrAFFA RS, ", all ~ :,' ~,.'S'~*~Envlr°nme't~lQualltyRevlew , ,' , :~ ~ JJ .- .... SHORTEN~[~NMEN~AL ASSESSMENT FOEM~- ' ~ 'F~ UNLISTED ACTIONS Only ~ ' PART 1 Pm~ ~formaflon lTp,be com~l~te~ ~.~pphcant o~ Pro e~t spastiC), , ~ .' ~p~ican~sp~nsor [ 2.' Pro~ect Name . ' ~ Annette zabohonski ~ A~e~e Zabohons~[i ,SubdivisiOn Town of Sou~hold Co, n~ Suffolk r~ New [] Expansion [] Modification/alteration S. b~ proiect bdef£y: ' - . . · ;,, ~et-of£' of ,ai)p~oximatelY 24:3:3 acre parcel for purpo:se of COn~ya~. ~)/~ ~roposad ~urchaser with w~,lc~,applieant has entered *in~o~a contr~~ ~c.~s, ~II ul'~im~;et~.r~be~eo~yed to a dzf'ferent t~ansferee. . ~'~ 6, P ~e oca~on ffoad ntersecgons ~rominent addma~k~ e~r pmv ds m~p - , . ,. Fox Avenue and 'C'~s~t. A~en~, F.~shers Island, New York; CounN~[lj.i parcels to be SePayat~-~e dOsi~abed as [oil0~s on the Suffolk ~ax Map:' 10005'6=2~3,l ~a ~O~,~=2-17.1 [.itlallv 25. 8----- acres Ultimately 25.8+ [] Yes [] No If No. describe briefly [] Residential [] Indu~rial [] Commercial Agriculture r~ Parklandtooen soace [] Other 10. Does action involve a permiUappro~a[, or funding, now or ultimately, from any other governmental agency (Federal state or [ocall? [~- Yes [] No If yes, list agencyis) and permit]approvals [] Yes ~ NO If yes, llst agency name and permit]approval type · /pp,c~ntJsponsor name' Annette Zab0honski Date:NOV. . 1987 If the actkmJs in the C~astal Area, ~nd you are a state agency, complete the -Coastal Assessment Form before proceeding with this assessment ~ OVER - P~RT: I1" rf~ii'0hrnental AsseSsment (To be c6mp eted:b¥ ^~enc¥) B. Will action,Fec~i~e coordinated review as prov;ded for Unlisted Actions Jrt 6 NYCRR. Part 617.77° if No. a negative declaration may be superceded by anoth C~ I~i~ir~t~a~l~ ~u~a~e qr: ~oun~wa~ u~i~ ~uan~ u~i~e I~vels,-~bting t ~f i~ ~er ns, ~lid~ast~ pr~uction or dis~sal, ~tenfial fo~ erosio C4. A commtl~it~$ existing 3lans or goals as officially adopted, or a change in use or intensity of u~e of ]and or other natural resources? Exp[ain briefly, PART Ill Determination of Significance [To be completed by Xgency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwis~ significant. Each effect should be assessed 'in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring (c) duration; Cd) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supportin~ materials. Ens~Jre that explanations contain sufficient detail to show that all relevant adverse impacts have been identifiec and adequately addressed. [] Check this box if you_have identified one or more potentially large or significant adverse impacts which MAY occur. The~ proceed'directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this oox if you have determined, based on the information and analysis above and any supporting documentation that the proposed'action WILL NOT result in any significant adverse environmental impacts AND provide here, and or attachments as necessary, the reasons supportng this determination: © © November 1987 Southold Town*Planning Bcmrd Town Hall Southold, New York 11971 Gentlemen: Set-Off Application The following statements are offered for your cons,ideration in the review of the above-mentioned minor subdivision and its referral t~ the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made the 'grades of the existing roads. (3) No new drainage structures structures are proposed. or alteration of existing Yours truly, / Annette Zal~ohonski Southold. N.Y. 11971 (516) 765-1938 .: n-., ~.UE~TIOt~N~I~RE T0~F~ C~)MPLE~ED AND SUBMITTED %~ ~)'X ~ :~YOUR A~PLICATIONSI FOR~S TOTHE~pLANNING .BOARD Pless~ :cbmplete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer uo any, of the following questions is yes, please indicate these o.rr your guaranteed survey or submit o~her appropriate euidenc~ ~ 1~ Are there any wetland grasses on this parcel? Yes No (Attacked is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises abutting this parcel? under your ownership Yes No 3. Are there any building permits pending on this parcel? Yes No 4. Are there any other applications pending concer~in~ this property before any~ther departmeht 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 parcel? Yes No 6. Was this property the subject of any prior application to the Planning Board? Yes No 7~ Does this property h~ve a valid certificat~ of occupancy, if yes please submit..a ~opy of same Yes No I certify that the ~n by the Planning Signature of property owner~r authorized agent Annette Zabohons~i above statements are Erue and will be.relied Board in considering this application. 11/ /87 ' date Attachment to questionnaire 'for~th~ Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the day ofNOvembe~r'~ .... , 19 ,8~ before me personally came Annette Zabohonski to me known to be ~he individual described inaadd who executed the forego~hg instrument, and acknowledged that__ she execut~ the same. Not~ax~ Public © © APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for ('tentative) (final) approval of~a subdi~isio~n [}latin accordance with, ArtiCle }6 of the 'Towu Law and the l~tles and~ Regulations of the Southold To~n Planning.Hoard, and represents and state~ as £otlows: 1. The, applicant is the owner et record of the Iand under application. (If the applicant is not the owner of record or,the land under application, the applicant shah state his interest in said land under applic~/t~on.) 2. Tko aame of ,the subdivision is to be .., ..A,g~.n..e.~.t:.,a...Z.a..b,.o. hg.n..s.k.~ ....................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy o£ deed suggested.) 4. The land is held by the applicant under deeds recorded in Stfffolk County Clerk's office as follo37s: Libor .. }.2.4:3. ................ Page ..... 5.3.2. .........On 0.c~abez. ~.,..~9.6..2... Libor ........................ Page ...................... On ....................... : Libor ........................ Page ...................... On ....................... ; Libor ...... ...- ............ Page ...................... On ....................... : Libor ........................ Page ..................... On ....................... ; as d~vised under the Last Will and Testament of ....................................... or as distributee ......................................................................... 5. The area of the land is ....2.5....8.¢ ........ acres. 6. Alt..taxes which are liens on the land at the date hereof have been paid, I~ ............ 7.The land is encumbered by . .tl.o. ......................................................... mortgage (s)- (~) ~%~oi'[~,~c i .... d~d l., Libel ............... Pag'~ ............... .... address ......................... ...... - . of ............. ~ - '--' ~ --~npald amount $ ..... ........... '.~ .... held by . ........... :. ~dd~ ................... ......................... i .-.. ....... 8. There are no other encumbrances or liens against the land. e~tat~x .. D, oD.e ................ 9. The land lies in the roi/owing zoning use districts .. A~ 1..R~$ideJrll;%aJ_ ............... i0. No part of the land lies under water whether tide wamr, stream, pond water or otherwise~ 11. The applicant shall at his expense install ail required public improvements. 12. The land (dpes) (d~,) lie in a Water District or Water Supply District. Name o£ Dis- trier, if within a District, is .. ~.is.b.e.r ~..Is.l~.~d..~d.a.t.e.r...W.o.r.k.s. ...................... 13. Water mains will be laid by . ..e.x.i..s.t~ .i.n.g .............................................. ant[ (a) (no) charge will be made for instalIing said mains. 14. Electric lines and standards will bd installed by . .elr.i$.t.i. lng ............................ ..................................... and (~a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ... Irl0.t..O~pli.c.a.b:~,e ..................................... and (a) (no) charge will be made for installing said mains. 16. If ~treets 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 Southotd I-{igh~vay system, annex Schedule "C" hereto to showy same. 18. There are no existing bu[Idings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensim~s of streets on ~djoining-sub- division maps heretofore filed there are no reserve strips ar 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 proof of title as required by Sec. 335 of the Real Property 'Law. ' 21. Submit a cgpy of p?pose_d' deed for.lots showing all restrictions, covengnts, etc. Annex Scheddle "D". 22. The applicant estimates that the cost of grading and required public improvements will be $.. 9 ....... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed ar . .. ~]A ...... years. The Performance Bond will be 3vritten by a licensed surety company unless otherwise shown on Schedule "F". - DATE ...I~.o.¥.o-m- .b?.F .................. 19..8.7. . . (Name of Applicant) Annette zabohonski By ................................ . ........... (Signature and Title) Fishers Island, New York (Address) STATE OF NEW YORK. COUNTY OF .... $IIFFDLK ................... ss: On the . ['~ ~ ................. day of ..... N. 9.'(..a.m..b.e.r. .............. 19..8.7.... before me personally came ~g,'q2~l;l:.~ .~Z?hoh.on~ki ................. to me known to be the individual described in and who executed tire for_et~omg instrument, and acknoxvledged-that . .o..~.~. ...... same. Q~t~l' in ~ffolk Couaty~ ~' Notary Public STATE OF' NE'vV YORK.'-COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ....... before me personally came .................... ro me known, who being by me duly sworn did de- pose and say that ............ resides at No .................................................... ..: ............................ that .......................... is the .......... tt~e corporation described in and which executed tim foregoing instrument; :~hat ...- ......... knows the seal o~ said corporation: that the seal affixed by order of the board of directors of said corporation. :iud that'. ........... signed .............. name thereto by like order. Notary Public R,zr~ies: Rev. II/78)-CoNTRACT 0 *":' . NO ~P~S~TATION IS MADE THAT~IS FO~ O~ C ON~CT FOR THE S~E AND PUR( OF ~AL ESTA~ COMPLIES WITH SECTION ~70~ OF THE GENE~L OBLIGATIONS ~W e"P~N ENGLtSH'j. CONSULT YOUR ~ER BEFORE SIGNING IT. NOTE; FIRE ~D CASUAL~ LOSSES: This con~act fo~ does not provi& for wlmt ~ppens in ~e event of fire or c~u~ loss before ~e rifle dosing. Unless differentprovision is made in ~i~ ~n~act, Se~on 5-1811 o[&e ~r~ Obli~fiom~w~apply. One p~ ofm~h~a,pu~tesponsiUi~ fo~reand c~u~, B~ U~fi ~ngof0fle ~o 0V pbss~io~of~ p~misy~. ~O~CT OE {~,ma&,~ of ~e .,day of. ~ove~er ,1987 ~TTE Z~OH~SKXL resSd$n~ at (no $) Crescent hvenue., :' BOX G; Fish~s' ISYknd~ New ~ork 06390 ~dress: bere[n~te~ E~e~ ."S~R"i Who a~ees to sell;' ~ G~E~ residing at ..~S I~la~d, N. ¥. 06:390 Ad.ess: hereinafter called "PURCHASE~' who agrees to buy ~e property.: ~(&e ~PREMISES"), mom fully descried as, ~ &m certain pBh pi~e or p~cd of - "- ·- :}i--' '"sit~am, lying ~d being1~1~ at Fishers Island, Town of Southold~ County~of SUffolk and State,of New Yor~, more particularly set forth as follows: It being intended to describe the approximate one and one-half (1%) acres Situated immediately to the east and contiguous with ~ parcel of 24.33~aCres aboCt ~0,~e conveyed to Walsh. Park Benevolent Associa- tion. The seller will use a metes and bounds description as furnished by the purchaser at purehase['s cost on or before closing of title. The portion intended to'be sold in this contract is delineated on the map annexed hereto and made a part her~,show~ig?h% subject premises as the shaded area .... S'ubject to any state of facts that an accurate survey or personal in- s~pe.ction 'may show provided title is 'n~t rendered unmarketable %hereby. Sub3ect to any state: of facts an accurate survey .,~r. persona ln- spection may show,' provided same d0es~ fi6~i~r'~h~r .E~i~.~ unmarketable; coven&ntt, utility easements, restri~E'ionS', rights 0f"~ay and agreements of record, if any, provided same do not violate oxisting structures or the use thereof. The violations of any coVef~ -~ and restrictions by existing improvements shall not be ,deemed an objection ~o title, provided the title oompany insuring title shall agree t6 ~in$~re that such improvements may remain in their present location as long as same shall stand. Purchaser agrees to deliver to the attorney for the seller herein a list of any Objections or violations which may appear on,any proper examination of this title, and if any objections or violations appea~ on said title examination and cannot be cleared ,by the seller by the t~me set for the closing of title, then the seller at her option, sha. ll be entitled to a reasonable adjournment of ;~'he closing for the purpose of removing said objections or violations. Nothing herein shall be deemed to require the seller to take any legal action or proceeding to cure any defects in title. The purchaser represents that no Real Estate Broker brought about the sale agreed upon and should any claims for brokerage commissions be made against the seller, the purchaser agrees to hold harmless and indemnify the seller from brokerage commissions arising out of purchaser's acts. This clause to survive delivery of title hereunder. CONTINUED ON RIDER ATTACHED. At~o lmown a~: Su'eet Address: . . Tax Map Designation: ,, ~- Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. heath,~, ~hades, Purchase Price: Existing Mortgage(s): Acceptable Funds: Provisions: Title Company Approval: Exduded ~m thts ~ ,'~.'.~urmtu~; and hg~S~eh~ld ~ntshmgs, , The tmrchase price $ ~1,700.00 payable as follows: On the signingof this contract, by check subject to collection: By allowance for the principal amount sdll unpaid on EXISTING MORTGAGE(S): $ Iq. A. By a Purchase Mone.v Note and Mortgage from PURCHASER (or assigns) to SELLER: $ Iq. A. BALANCE AT CLOSING: (b) If this sale is subject t~ an EX~T~NG M ~RTGAGE~ the Purchase M9ney N~te and M~rtgage~i~ als~ ~r~vide that it will remain subject io the prior likh of any EXIS~iN G M O R~TG~A_GE ~vi~fi though the EXISTING MORTGAGE is eaxtended or modified in good'faith. The PUrchase M"on~y Note find Mortgagd ihalt be drawn On the standard form of New York Board of Tire Underwriters by the attorney for SELLER. P. URCHASER shall pay the mortgage recording tax, recording fees mhd the attorney's fee in the amount 0rs for iis preparafior~ {c) If any required payments are made on an E~ISTING MORTGAGE between now and CLOSING whlc ~redt~ce the Unpaid principal amount of an EXISTINGMORTGAGE below the amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the .m~n. ount shown in Paragraph 2 js reasonably correct and that only p~er~ requked, by the~FEXIS;TING MO~TCk&C*E wi~be made. - (~l) If there is ~a rn0~gage dscrow ai:do6nt that is mMnt~ne~ for the purpose of paying taxes or insurance, etc. SELLEr, shall assign it tb PURCHASER, if it can be assigned. In that event PURCHASER shall pay th'e an~ount in the escrow account to SELLER at CLOSING. 2. The PREMISES will be conveyed subject to the continuing lien of "EXISTING MORTGAGE(S)" as follows: Mortgage now in the unpaid pfindpal amount of $ and interest at the rate o£ per cent per year, presently payable in installments of $ , which include principal, interest, - and with any balance of principal being due and payable on It iS the in,eh%ion of.%h~ ~Lies hereto f. hat this st~ due for the purchase price ~s ~iy~a~_ent to an istln b~l ~r services rendere . t the. 1 herein -' te ~ser s qaraq~ ~e~ ~e~v~ce s~on over an unspece~iet~ perl~o~t3_r~9 an~o~tu ~L~i~erel3y s~ta~es dlat no EXISTING MORTGAGE contmns any provmon that perm,ts the holder of th mgr~gage to req~ulre its ~im~edi~ate pa.vm&nt in full br to 'change any other term thereof by reason of the fact of CLOSING. 3, All money payable under this contract unless otherwise specified, shall be either: a~ Cash, but not over one thousand ~$1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan assodation havinga banking office in the State of New York, payable to the order of SELLi~K, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of ~$:E~L~R pLS~LLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by chec~l~f PURCHASER up totheamountof Three Hundred ................... ($ 300.00 ......... )dollars. or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws arid governmental regulations that affect the use and maintenance of the PREMISES, provided that they axe not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. :c. Encroachmerlts of stoops, areas, cellar steps, trim and confices, if any, upon any street or highway. 5. SELLER ~h~dl give and PlJRCHASER shall accept such' title as any title company doing ' . a member of The bfis~hess in Suffolk Count~ and New York Board ofT[de Underwriters ~ge willing to approve and insure in accordav'~"',with their standard form of tide pol~.cy, sub ect o~1¥ to the matters~o~ded for &'~ tJ~s ~ontract_ Bi~J~E~ AIg-NETTE ZA~OHO%N~KI ,AS S~LER, AND RIC~RD' ~B~ ~ ,~. A~T~CH~D T0 ~ND ~G PA~,T~ OF C~N~ O AS PURC~EER. ' Thi~ contract may ~10~ be assigne~ without-~l~e express written consenl- The submission of khis contract doRs hoe cdnstibuEe an o~[~r and neiEher side shall bo bound until the contract is signe~ by all partl?s. The down payment hereunder shall be hflld in escrow by Frederick J. Tedescht, ~attor~ey for th~ seller, as escrow agent unt[t closing o~ ~s bad faith. th~ a~t ~of sale involved i~ whi~l~ a~l funds f:t~ l.lh~ es~r~ow agent [,ily ~elte.ved ~d di~cllar~ age,,l: Y · . in addit!pn, ~he e~cr~ . - hr~.t~ned with (itl interested · n any c~urt 6f competent the of such court a~l f~nds deposifed wi[h it ]lere~t~ ~9ent shall be fully relieved a~,~d discharge( further _ty he~re~].der. The escrow agen~ shal [nve~t ~he funds deposited with it her~nder and: action or f~ilure to act, unless ~ch action bad The partlen nh,nil comply wlth Section 1445(b} of tile amended by the Tax R~form Act 0f 1984). In [he event titl~ shall fail to clos~ due to the willful default he purchaner, the dowa payment hereunder made, at the t)ptioll of the '~ '.: ~ part~e~ hereto agree' they ha~e'a'scektained same to be tke damages tn that event. In ~uch event, the said down paymenk shall, fh,;~,~'e*ent; be considered a penalty. This contract is contingent upon the seller and/or the purchaser obtaining the approval of the Southotd Town Planning Board for a set off of the herein described premises within sixty (60) days from the date hereof. In the event that approval is no~ received within said time, then this contract shall be null and void and neither party shall have any rights against the other. / / Deed: Closing Date and place: Broker: Streets and Ass~gnmedt oJ Unpaid Awards: Mortgagee's Ceri~ficate orLetterasto Existing Mortgages(s): Compliance with State and Municipal Departme~rt V'wlations and Orders: t°roptrty is not in the City of New york Appo~ionme~s: Water Meter Readings: Allowance for Unpaid Taxes, etc.: Use of Purchase Price to Pay Afl`davit as to Judgments. Bankruptcies: , I~FSEI.I.ER and PURCItA ~ e~['di~OLller ~tmder Lifts' · . ~ ,SELl ER and the delivr~v t*~'{l m prnper stau]nn y form Jm r~J~g.sq ~ m ~s~r ee ul all t.flettnlhFauccs excep~ as h~n smt~. The d~d ~11 If SELLER ts a co~orauon, xt ~1 dehver to PURCHASER m ~ nme of CLOSING (a) a ~suluuon of l~ Bo~d of Directs au&orizi~ &e s~e ~d de~v~ of~e d~d, ~d (b) g~e~e By &e Secr~or~sismt Secre~ of ~e~fign c~ng su~ r~olufion ~d setting f~ ~c~ sho~g ~at ~e ~r i~ ~ ~o~formiw ~& the r~ents otSe~9~of~e B~S Co~om~, ~ed~~sh~con~are~s~cte t to ~mblish comp~ce ~ ~ se~ '" ...... ' ' 7. CL~ING~t~pJamattheofficeof Fre~rLck g. ~d~sch~,2t8 Pront street Gr}~port, g.E.it944 o'dockon / 30 da~s from date, 8. PU~GH~ER h~rgby ~mes &at PU~H~ER h~ not de~t ~& my bro~ m connection ~th this sMe o&er &m '' no broker ~d SELL~ a~s ~ ~y ~e brok~ ~e com~ssion ~e~:~eby (pursuit to ~ep~te a~eemenQ. 9. This saleindud~es all of SELLER's ownership and rights, if any, in anyland lying in the bed ofhny street or hlghway, opened or proposed, in fron~ of or adjoioing the PREMISES to the center line thereof. It also indudes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street orr highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. 10. SELLERagrees to deliver m PURCHASERAT CLOSING. acertificate dated not more thah thirty (S0) days before GLOSINGsigned by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the impaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fe~s for r~cording such cerfifidate. If the holder of Z mortgage is a bank or other institution as ~°ined in Section 974-a~ R¢al Property Law, it may, instead of the cer,ti~,~ cate, furnish an unqualified letteE dated not more than thtrty (S0) days before CLOSING contmnmg the same loformauon. SELLER hereby states that any EXISTING MORTGAGE will nor be in default at the time of CLOSING. I1. a~ SELLER will comply wtth all notes or nonces of y;olauons of law or mumc~pal ordinances, orders or re~Ui~in~ts noted in 0~ issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor condkions affecting the PREMISES at the date hei'eof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary m make the searches that could disclose these matters. r of N ~r'-~XXX survive C Xx x 12. [f at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annualinstallments, and the first installment is then a lien. or has been paid, then for the purposes of this Contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. 13. The following are to be apportioned as of midnight of the day before the day of CLOSING: (a) Rentsasandwhencollected. (b) Inte~estonEXISTINGMORTGAGE(S). (c) Preminmsonexistingtransferable insurance policies and renewals of those expiring prior to CLOSING. (d) Taxes, water charg¢/s and sewer rents, on th&'basis of thee trg~ttt period for which assessed. (e) Fuel, if any. (t) Vault charges, if any. If ~ L0giNtG~s~l occur b~f~re a hew tax rate is fixed, the apportionment ~f taxes shall be hpon th~ basis of the old tax rate for the preceding period applied to the latest aSsessed valuanon. d 14. ~ftherebeawatermeter~nthePREM~SE~~SELLERshal~furnishareadingt~adaten~tm~rethanthirty ays before CLosING date and the unfixed meter charge and~ se'~er Feint, i~f an~,, shal! be apportioned on the. basis of such !ast reading. 15.~: SELLER has the option to credit PURCHASER as an ~djustment of the purchase price with the amount of any unpaid taxes, assessmems, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business' days after CLOSING, provided that oftldal bills therefor computed to said date are produced at CLOSING. , i6i, ~ fth~re is anything el~e affecting the salewhich SELLERis obligated to pay and discharge at CLOSING. SELLER may use any portion of the balance of the .purchase price to discharge it As an alternative, SELLER may deposil money with the.title insurance company employed by PURCHASERrequired by it to assure its discharge, but only if the title insurance company will insure PU RC HAS ER'S tide clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING PURCHASER agr~ees to provide sepa~rax~,c~ertified checks as requested to assist in cleanng up these matters. 17. Ifa title exhminatiou dlsdosesj udgments, bankruptcies Or other r4mms against persons h~tving riames the same as or similar to that of SELLER. SELLER shall deliver a s~tisfactory detailed affidavit at CLOSING showing that the.v are not against SELLER.' ,, Deed Transfer and Recording Taxes: Purd~ase~ 's Lien: Seller's lnabili~ Ii)rotation oJ Zie~ility: Cordition of Property: Chavges Muxt Be In P/riling: Singular also 31earn Plural: 1 g. At CLOSING. ~ shall deliver a certified check payable to the order of the app~ opriate State. City or County officer in the amount of any applicable transfer cy_~_~..~.~r~'2..[tax payable by reason of the delivery or recording of thedeed, together with any required tax return. PURCHASER agrees to duly comple[i~ the tax return and to canse the check(s) and the~tax return to be delivered, to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination ofth~ title to the PREMISES, and 0fany survey and survey inspectibn charges are hereby made liens on the PREMISES and collectable Out of the PREMISES· Such li~ns shall not continue after default.in ~effOrmance of the co.~ntract bv PURCHASER, s20, IfSELLER is unable to transfer title t,o PURCHASER in accordance with this contract SELLER'S sole liability hall be to refund all money paitl on accoutit of this contract~ plus all charges made for: (i) examining the title, (ii)any appropriate additional searches made,in accordeame with this contract, and (iii survey and snrvey inspection charges, Upon such refund and~payment this contract shall be considered cancelled~ and neither SELLER nor PURCHAS ER shall .have any further rights against the other. 21. PURCHASER has inspected ~7Kl~i~gflrgKT~K the PREMISES and the personal property included in this sate and .is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their presem condition subject toreasonable use, wear. tear, and natural deteriorationberween now and CLOSING.PURCHASER shall have the right, after reasonable notice to SELLER. to inspect th~rh before CLOSING. 22. Ail prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It com, pletel,y expresses ttieir fdll al~reement_ -- . It has been entered into after fulI investi~ gation neithe? prtya rely~gin up.on any statements made by anyone else that ai'e not set forth in this contract. 23. This contract may not be changed or cancelled except tn writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parfies.~Each of the parties hereby authorize their attorneys to agree tn writing to any changes in dates and rime periods provided for in this 24 Any singular woi:d or term herein shall also be read/a~ in the plural whenever the sense of this contract may ?quire it, In Presence Of: Closing of tide under the within contract is herebv adjourned to at 'o'dock. at as of 19 Dated,' ' ' 19 Ri~chard Grebe tide to be closed and all adjustments to be made Fo~ value received· the within conti'aci~ and all the right, title and iht~rest of the purchaser thereundc~ ale hereby asfigned, transferred and set over unto / ' · · and said' assignee hereby assumes all obligations of the purchaser thereunder, Dated, 19 Purchaser 'Assignee~ of PurcMsgr PREMISES NO, ANNETTE ZABOHONSKI To: RICHARD GREBE TITLE INSURANCE &, _ ~panyof N,m~,York ~ ,© Lot. . · County or Town Street Nui~bered Address Recorded At Request of I ']JFE TITLE INSURANCE Compar~ of NeWYork :, · ,.","RETUR~~y MAIL·T0:~'~' .~ .~: FREDERICK J. TEDESCHI Atto~ney. a;t Law ,~ 218,,F~ont__: street, Box, 562 LAS:ER FICHE .FORM ~Project Type: Set Offs SCTM # 1000 - 6.-2-3.1 Project Name: Zabohonski, Annette Location: Fox Avenue and Crescent Avenue, Fishers Island, NY Hamlet: Fishers I~tand Applicant'Name: Annette Zabohonski. OW. ncr Name:.Annette Zabohonski Zone.. 1:. Zone 2: Zone 3: Applibaition Received Date: M ~..~.~¢v. (~j t ~ '~-7 ,C~un~:~/~Filin§ Date: -- VISION INFORMATION A date indicates that we have received the related information C and R's ' -- Homeown ers Association :- Rand M A,qreement: X N/F PETEH R NITZE 2O S 85°35 '00 "E 5741' LOT I LOT 2 S85°-01-40 E LOT 2 ~ AREA = I. C~ -+ \ /' / / zc MEYER CRESCENT AVE. KEY MAP TO BE CONVEYED TO WALSH PARK BENEVOLENT CORPORATION TO BE CONVEYED TO ALFRED RICHARD GREBE JR. N/F RONALD 8~ MARY ANN ROOD ~ 6 °--PTL§O''E tZI SITE 5. I SG'-4Z'-rO"E N/F ALFRED ,/ RICHARD GREBE dR. NOTE- COOHDINATE D/STANCES ARE MEASUHED FROM U S COAST AND GEODETIC SURVEY TRIANGULATION SITE IS IN THE TOWN OF SOUTHOLO~ COUNTY OF SITE IS IN A-I ZONE (AGRICULTURAL/RESIOENTIAL. SET OFF PLAN MADE FOR A/V/VETTF 7ABOHONSI</ SCALEL / = I00 feet CHANDLER~ PALMER 8 KING Norw~bh, Conn. ~ NOVEMBER 5, 1987 ~ 50 ~0 200 300 _