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HomeMy WebLinkAboutLL #32 2000THIS IS TO CERTIFIY THAT THE FOLLOWING LOCAL LAW WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 12, 2000: LOCAL LAW 32 OF THE YEAR 2000: A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS Suffolk County Tax Map (SCTM) #1000-063.00-01.00-001,006 FROM THE (B) GENERAL BUSINESS ZONING DISTRICT DESIGNATION TO THE (RO) RESIDENTIAL OFFICE ZONING DISTRICT DESIGNATION. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Legislative Intent Consistent with our comprehensive land use plan and ou~ established objectives and goals as reflected by the existing zoning patterns with/.n the Town, and based upon our current County Route 48 Land use study as well as numerous land use studies and plans developed heretofore, we hereby determine that it is necessary and desirable to revise and amend the zoning designation applicable to the parcel identified herein as well as other lands; thus, we hereby identify and adopt the following overall themes of (I) Preservation of Farmland and Agriculture; (2) Preservation of Open and Recreational Space; (3) Preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; (4) Preservation of the Natural Environment; which derive from the shared vision held by residents and local public officials of the Town and which are intended to foster a strong economy and wt~ich encourage and preserve the existing high quality of life. as more specifically let forth herein below: 1. Preservation or Farmland and Agricultural Use Farmland is a valuable and dynamic industry in the Town of Southold. The open farmlands are not only highly cherished for their economic value, but for the scenic vistas they provide. The open space and scenery re'eared by farmland additionally contributes to the quality of life of the residents while promoting tourism and recreation. 2. Preservation of Open and Recreational Space The Town of Southold relies heavily upon its scenic beauty and open landscapes for recreation, clean air and water, as well as for its attraction to tourists and recreation seekers. The Town has atXracted many second homeowners because of its "natural resources, abundance of open space, farms, picturesque villages, and the ever-present waterfront~' (Master Plan Update, 1985). Due to this open space, the Town has a tremendous development potential. Bleak pictures have been painted in a few documents, warning of strip-type development, suburban sprawl and water supply issues. The preservation of open and recreational space is not only aesthetic, but also a necessity for the present and future needs of the Town. 3. Preservation of the Rural, Cultural. Commercial and Historical Character of the Hamlets and Surrounding Areas The Town of Senthold is renowned for its rtural, cultural, commercial and historic character. This unique character is recognized in all of the documents reviewed. Based on the input of Town residents, the Final Report and Recommendations states that the two most prevalent and key issues are keeping growth in the existing hamlet centers and preserving the enhancing the surrounding rural areas. Additionally, the Master Plan Update recommends the provision for "a community of residential hamlets that are comprised of a variety of housing opportunities, commercial, service and cultural activities, set in an open or atmosphere and supported by a diversified economic base (including agriculture, marine commercial and seasonal recreation activities)." 4. Preservation of the Natural Environment Accommodating "growth and change within the Town without destroying its traditional economic base, the natural environment of which that base rests, and the unique character and the way of life that defines the Town is of um~ost importance" Ground Watershed Protection and Water Supply Management S~ategy). The Master Plan Update recommends preservation of the Town' s natural environment from wetlands to Woodlands and to "achieve a land pattern that is sensitive to the limited indigenous water supply and will not degrade the subsurface water quality. The outstanding needs enumerated below are the culmination of careful comparison of the intent and objectives of the town (as stated in past land use plans and studies) and the currently existing conditions along the County Route 48 corridor. These needs reflect the past and present vision of the Town and the work that still needs to be done due to the proximity of County Route 48 to the hamlet commercial centers and to avoid potentially conflicting development sn'ategies for such areas. These outstanding needs we find exist throughout the Town and are specifically identified as follows: 1) 2) 4) 5) 6) ?) 8) 9) 10) 11) 12) 13) 14) 15) 16) to provide for viable land use development at levels of intensities w~ch are sensitive to subsurface water quality and quantity; to maintain and strengthen hamlet centers as the focus of commercial, residential, and cultural activity; to preserve the open, agricultural and rural character of areas outside of the hamlet centers; to provide fur a variety of housing opportunities for citizens of different incomes am age levels; to enhance the opportunities for pedestrian-friendly shopping; to conhnue to the support of the Town's agricultural economy; to maximize the Town's natural assets, including its coastal location and agricultural base, by balancing commercial, residential and recreational uses; to strengthen the Town's marine-recreational and marine-commercial activities; to encourage the preservation of parkland and public access to tb.e waterfront; to support tourism by maintaining and strengthening the Town's assets that foster a tourist trade. namely hamlet center businesses, historic heritage, architecture, a sense of place, of rural and open character, agriculture, and marine activity; to preserve prime farmland; and encourage, the diversification of agriculture; to preserve the historic, cutturaI, architectural and archaeological resources of the Town; to ensure visual quality of hamlet centers; to encourage appropriate land uses both inside and out of hamlet centers; to promote balanced economy and tax base; to preserve the integrity of the Town's vegetative habitats, including freshwater wetlands and woodlands. Section 2. Enactment Therefore, based upon the aforementioned goals and identified needs of the Town and upon our consideration of the reconmaendations and comments of our Planning Board, the Suffolk County Planning Commission, our planning consultant (CCG) and the public comanent taken at the public hearing and otherwise, we hereby change the zoning district designation for the parcel known as SCTM # 1000-063.00-01.00-001.006 (and more fully described herein below) from the (B) GENERAL BUSINESS zoning district designation to the (RO) RESIDENTIAL OFFICE zoning district designation. SCTM # 1000-063.00-01.00-001.006 ALL that certain plot. piece or parcel of land. situate, lying and being at Southold, in. the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the westerly end of a line bearing South 79 degrees :3'/minutes and having a length of 34 78 feet, which line connects the southeasterly side of Middle Road (C.R. 48) and the southwesterly side of Horton Lane (Honon's Lane); RUNNING THENCE along said last mentioned staigth line, South 79 degrees 37 minutes East. 34.78 feet to the easterly end of said staright line; THENCE South 2,3 degrees O0 minutes 00 seconds East along the southwesterly side of Horton Lane (Horton's Lane), 281.75 feet to land now or formerly of Conway Bros.; THENCE South 54 degrees 25 minutes ~0 seconds West along said last memioned land, 381.33 feet to the northeasterly line of land conveyed by Pudge Corp. to limbo Realty Corp., dated November I. 1984 and recorded March 6, 1985 in Liber9747 page 128; THENCE North 35 degrees 34 minutes 20 seconds West along said last mentioned line 300.00 feet to the southeasterly side of Middle Road (C.R. 48); THENCE North 54 degrees 25 minutes 40 seconds East along the southeasterly side of Middle Road (C.R. 48), 418.48 feet to the westerly end of the aforesaid line connecting the southwesterly side of Middle Road (C. R. 48)and the southwesterly side of Horton Lane (Honon's Lane). the point or place of BEGINNING. Section 3. The zoning map as adopted by section 100-21 o£ the Town Code of the Town o£ Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE SECRETARY OF STATE. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK SEPTEMBER 12, 2000 SCTM # 1000-063.00-01.00-001.006 11978P 865 FIDELITY NATIONAL'TITLE INSIYRANCE COMPANY OF NEW YORK Title No. FNTg9~.~I4 SCHEDULE A ALL that certain plot. piece or parcel of land. situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the westerly end of a line beating South 79 degrees 37 minutes ~ and having a length of 34.78 feet, which line connects the southeasterly side of Middle Road (C.R. 48) and the southwesterly side of Horton Lane (Horton's Lane); RUNNING THENCE along said last mentioned staigth line, South 79 degrees 37 minutes East, 34.78 feet to the easterly end of said st,aright line; THENCE South 23 degrees 00 minutes 00 seconds E~st along the southwesterly side of Horton Lane (Horton's Lane), 281.75 feet to land now or formerly of Couway Bros.; THENCE South 54 degrees 25 minutes 40 seconds West along said last mentioned land. 381.33 feet to the northeasterly line of land conveyed by Pudge Corp. to .limbo Realty Corp.. dated November 1. 1984 and recorded March 6. 1985 in Liber 9747 page 128: THENCE North 35 degrees 34 minutes 20 seconds West along said last mentioned line 300.00 feet to the southeasterly side of Middle Road (C.R. 48); THENCE North 54 degrees 25 minutes 40 seconds East along the southeasterly side of Middle Road (C.R. 48), 418.48 feet to the westerly end of the aforesaid lin~ connecting the southwesterly side of Middle Road (C. R. 48)and the southwesterly side of Horton Lane (Horton's Lane), the point or place of BEGINNING. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1500 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 12, 2000: WHEREAS the Town Board of the Town of Southold is considering a change in the zoning designation from B General Business Zoning District Designation to the RO Residential Office Zoning District Designation of a certain parcel of land lying in the Town of Southold identified by SCTM # 1000-063.00-01.00-001.006; and WHEREAS, GEIS which said "no further SEQRA review required" when "Changing the Zoning Category of a parcel from one industrial zone to another industrial zone, or from one commercial zone to another commercial zone, of from an industrial zone to a commercial zone shall not require further SEQRA review if: a) b) c) d) the proposed new zoning category for the subject parcel is consistent with the zoning of surrounding parcels, or the proposed change of zone does not permit higher intensity use of the subject parcel as compared to the existing zone in terms of lot coverage, building height, parking requirements, traffic, impervious area, drainage, and setbacks, or the proposed change zone does not take place in a designated historical area, a critical environmental area, areas of Iow depth to groundwater, or contain or are adjacent to freshwater wetlands or tidal wetlands, or the proposed change of zone is consistent with the County Road 48 Corridor Land Use Study and past land use plans of the Town of Southold and this proposed action meets this criteria/threshold"; and WHEREAS, the Town Board nevertheless conducted a LEAF pursuant to SEQRA in addition to the GEIS findings statement; and RESOLVED the Town Board found that for the above action there is no other involved agency, that for the above action the Town Board is Lead Agency; that this action is an Unlisted Action; all pursuant to SEQRA Rules and Regulations 6 NYCRR 617.1 et. Seq. and Chapter 44 of the Southold Town Code; and be it RESOLVED by the Town Board that this proposed project will not have any significant adverse environmental impacts and therefore the Town Board issues a NEGATiVE DECLARATION pursuant to the SEQRA roles and regulations. Southold Town Clerk September 12, 2000 LFA~AL NOTICE NOTICE OF IR~BLIC HEAR* lNG ON A ~L ~W TO AME~ ~ ~G MAP OF ~ TO~ OF SO--OLD BY CHANGING ~E ZONING DIS- TRI~ DESIGNATION OF ~ I~3.~01.~1.~ FROM ~E GENERAL BUSINESS (B) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (RO) DISTRI~ DESIGNATION. PUBLIC NO~ 1S ~REBY GIVEN thai pu~uant to S~fion 265 of the To~ ~w ~d requirements of th~ Cod~ ~ ~e Town of Southoid, Suffo~ County, Ne~ York, that the Town ~ard of ~e Town of Sou~old l~ ~ LOCAL ~W at SOU~OLD TO~ HA~, Ma~ Road, Sou~old, New Y~k 5~ ~m., ~sday, Augmt 29, ~ th~ Zoning Di~ct L~, on the Town B~d~ ~n Motion, groin the of ~ pro~rty. ~ Pro~rty ~ ~ Ho~on~ ~e~ ~e ~o~y ~ata~s approxi~tely 2.9 acres. ~e ~ ~w is entitled, "A LOCAL LAW TO CHANGE ZONING DISTRI~ DES- IGNA~ OF ~ P~CEL OF PRO~ ~O~ ~ ~ ~.~3.~L~.~ FROM ~ ~ ~ (B) DIS~I~ ~A~ON TO ~E ~~ O~CE (~o) ~I~I~ DES~NA~ON. ~pi~s of ~ ~ ~w ~e avail- able ~ ~e ~ of the Town Oerk to any ~ter~t~ ~ns dur~g reg- ular busin~ ~u~. ~y ~ns ~s~g to ~ he~d on t~ p~ ~e~nt at th~ t~e and pla~ a~vo ~ fi~. ~y ~n a~o ~ ~e fi~t to submit ~itten. commont~ to the Southold To~ Ciork either prior to · ~ ~bfic H~g or at the ~blic He~g. BY ORDER OF ~ TO~ BOARD OF T~ TO~ OF SO--OLD, ~OLD, NEW YORK. D~ted: Au~s~ ~5, ~ El~ A. NerVe ~ut~ld Town Clerk 149~-~TAu17 STATE OF NEW¥ORK) )SS: COU. NTY OF SUFF.OI~.K) , ~(~L/~, F* (j(~l[[ [~* of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New'fork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for [ weeks successively, the t~'~ +~' day commencing o.~ U Principal Clerk Sworn to ~efore me tills day of (T~ ~ J5'1;- N~ 01W~0~4M4 LEGAL NOTICE NOTICE OF PUBLIC HEAR- lNG ON A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONINO DIS- TRICT DESIGNATION O~ SCTM # 1000-063.~0-01~0~01.006 FROM THE GENERAL BUSINESS (B) DISTRICT DESIONATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIONATION. PUBLIC NOTICE IS HEREBY OIVEN that put,trout to S~tion 265 of the Town Law and requisements of the Code of the Town of Southold, Suffolk County, New York, that the Town Board of the Town of Southold ~ hold · FUeLIC tiEARING on the Afore~M LOCAL LAW at the SOUTHOLD TOWN HALL, $3095 Main Road, Southold, New York at 8~$ a.m., Tuesday, August 15, 2000. Thc pu~o~e of thc Local Law is to Change the Zoning District Designation of SC'I]~ # 1000-063.00- 01.00-001,006, on the Town Board's Own Motion, from the (3encral Business (B) District Designation to the Residential Office (RO) District Designation. The assessment records list Thomes Hubb~d m the Owner of the property. Thc Property is located on the south side of Route 48 wcst of Hortons Lane. The Property contains approximately 2.9 acres. The Local Law is entitled, "A LOCAL LAW TO CHANGE THE EONINO DISTRICT DESIGNA- TION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-063.00-01.00-001.006 FROM THE (}ENERAL BUSINESS (B) DISTRICT DESIGNATION TO THE RESIDENTIAL OFFICE (RO) DISTRICT DESIGNATION. Copies of this Local Law are avail- able in thc Office of the Town Clerk to any interested persons dufin§ reg- ular business hoars. Any persous desiring to be heard on the propuscd amendment should appear, and has the fight to appear, at the time and place above so speci- fied. Any person also has the right to suhmit written comments to the Southold Town Clerk either prior .to the Public Hearing or at thc Public Hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF _SOUTHOLD, SOUTHOLD, NEW YORK. Dated: July 21, 2000 Elizabeth A. Nevi~e Southold Town Clerk 1435-lTJy27 STATE OF NEWYORK) )SS: OF S F OL K) /') ~ ~J///~ ~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of NewYork, and that the Notice of which the annexed is a printed copy, has been regularly publisihed in said Newspaper once each week for / weeks, successively, com.~n~ing~, 20 /'//(") ., of j~,/// on the c,~r'~'/-~ day rincipal Clerk Sworn to be~.me this day of ~3~,L.[~/~ 20 lDO CHRiS'RNA T. WEBER LEGAL NOTICE · NOTIC~ OF PUBLIC I-I~AR- IN(~: ON'A LOCAL LAW TO' :AMEND THE ZONINO MAP OF :THE.TOWN OF SOUTHOLD BY · ~CHANGINO ~ ZONINO DIS- ~.,TRXCT DESIGNATION OF SC'tM .~THE. RESIDENTIAL,~ OFFICE · ~(RO) DI~'~,ICT DESION'ATION. ::~ PUBLIC NOTICE I$ HEREBY '7/31VEN/hat pursuant to Sect/on 265 :: o~'/he Town Law and requiremant~ :i'of the Code of the Town of $onthold, :~Suffolk C0unty~, New York tbut the · ,Tovm Board of the Town of Son/hold ?l~ hem · PUBLIC HEARING on ,tim Af0v~uld LOCAL lAW at the '~$OUTHOLD TOWN HALL, YJ095 ~ Road, Southold, New York at 8,'05 n.m., Tuesday, August 15, 2~0. The purpose of the Local Law~ to ',Change the Zoning Dictrict Designation of SC'I'M # 1000-063.00- 01.00-001.006, on the Town Bo~d% Own Motion, from tho General Business (l~Distrlct Designation to /he Residentml Office (RO) District · Designation. The assessment rea·ids list Thou Hubbard ss the Owner of the proporw.'The ProPerty is located on the south side ~f Route ,18 west of Hort6ns Lane. Tho Proper~ contains approximately Z9 acres. .~ The Local Law is entitled, "A % LOCAL LAW TO C~IANOt~ THE' "ZONINO DISTRICT D£SIONA- TION OF THE PARCEL OF PROPERLY KNOWN AS SCTM # I000-063.00-01.00-001.006 FROM ~THE GENERAL BUSINESS (B) _.DISTRICT DESIGNATION~ TO THE RESIDENTIAL OFFICE :' (RO) DISTRICT DESIGNATION. Copies of this Local Law are avail- able in the Office of the Tow· Clerk 'to any interested persons during:reg. :'ular business hour~. · Any persons desiring to be heard coil the proposed ame·dme·t should appear, and has tho right to appear, it tho time and place above so speci- ~ fled, Any person also has the right to submit written comments to the Southold Town Clerk either prior to tho Public Hearing or at the Public Hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF .SOUTHOLD, SOUTHOLD, NEW YORK. Dated: July 21, 2000 Elizabeth A. Neville Southold Town Clerk 1438-1TJy27 This is a copy of the Public Hearing Notice as it appeared in the July 27, 2000 edition of the Suffolk Times. Photocopied by Lynda Bohn IN~ O~ A t.OC~L ~ 'to ~ ~ OF SO~O~ nY ~ANGXNG ~E ~NING DI~ ~1~ OF S~ ~ 1~3.~ 01,~L~ ~OM the Gene~ ~osiness (B) District to the Res~en~ ~ (RO) Dbt~t. PUBIC NO~ IS HE.BY .Glen ~at ~uant to ~fion 2~ of the Town ~w ~d requ~e- ~ms of ~ ~e of ~he T~ o{ ~uthold, S~folk County, New York, t~t t~ Tow~ B~rd of ~ Town of ~u~old ~ ~ * ~U~ LIC HEA~NG o~ ~ ~ ~CAL ~W al ~he SOU~O~ TO~ H~L, 5~5 M~ R~d, ~u~o~, New York, at 7~ pm, Money, ~r 4, 1~; the Public Hearln~ will be continued on ~ay, ~t~r 5, 1~ at 2:~m t~ ~ ~w is to Change ~e ~~ on t~e Town B~d~ ~ Motion from Gener~ 48 and Honon Lane (cross street). The property ~nta~s ap- prox~ately 3 a~res. LOCAL LAW TO ~ANGE ~E ZONING DISTRI~ DES- IGNATION OF ~E PARCEL OF PROPER~ ~O~ AS S~ ~ ~E GENE~L BUSINESS (B) TO ~E RESIDE~IAL OFFICE (RO) DI~RI~ DESIGNA- TION". a~, ~d ~ the fi~t to ap~ar, ~thold To~ ~crk ~er ~or (o the pub~ h~ng or at thc public he~g. BY OP~ER OF ~E TO~ BOA~ OF THE TO~ OF SO--OLD, SO~O~, NEW YORK. Dated: 9/I~ EL~E~ A. NE~LLE SO~O~ TO~ C~RK STATE OF NEY, .ORK) )SS: COUNTY OF SLT~FOL, K) ,~'~ ~ ~. {~1~'~ ( ~ ~ ~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for ~ weeks su~ccessively, rc~ da commencing ,on the. c~~) Y of ~'9~ ~'~-flStOLf 19Ct~' $~om ~o b¢£ore me this ~ NEXT YEAR 473889 SOUTHOLD 63.-1-1.6 43600 CR 48 = OWNER & MAILING INFO MCCARTHY THOMAS J & SUSAN M PO BOX 1266 SOUTHOLD NY 11971 NYSRPS ASSESSMENT INQUIRY SCHOOL SOUTHOLD SCHOOl PRCLS 330 VACANT COMM =MISC RS-SS 1 BANK DATE : 09/17/1999 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 08 ............ == ASSESSMENT DATA ........... **C~RRENT** RES PERCENT LAND % 4,600 **TAXABLE** TOTAL 5,500 COUNTY 5,500 **PRIOR** TOWN 5,500 LAND 4,600 SCHOOL 5,500 TOTAL 5,500 ==DIMENSIONS ===1 ....... SALES ACRES 2.96 IBOOK 11978 SALE DATE 07/15/99 SALE PRICE IPAGE 865 PR OWNER 601 ALBANY AVE CORP ....... TOTAL EXEMPTIONS 0 ............. I== TOTAL SPECIAL DISTRICTS CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE IFD028 IPK070 Iww020 Iswo l Fl=NEXT PARCEL F2=PARCEL UPDATE F3=NEXT EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY Fg=GO TO XREF INFORMATION .................................. 100,000 VALUE F4=PREV EXEMPT/SPEC F10=GO TO MENU ' 11978~i865 Real } r,,/~n3 hlx Set, kc Age,c3 \ crificadon I~ Corllmunitv Preservalion Fund County Recording & Endorsement Page In tl~: DEED THIS INDENTURE. made the IY~' day of July. nineteen hundred and ninety-nine BETWEEN 601 ALBANY AVENUE CORP, 10/) North Center Street Newton Falls. Ohio 44444 pan.'., oft m first part, and THOMAS J. McCARTIIY AND SUSAN M. McCARTHY, HIS WIFE 46520 Route 48 Soutbo~d. Ne,.,. York 1197t pmay pi'the second part. WITNESSETIt, that the party of the first part, in consideration ofTEN DOLLARS and other valuable consideration paid by the party of the second part, does hereby remise, release and quilclalm unto the party of the second pat~, the heirs or successors and assigns of the party of the seeped part forever. AI.L Iha~ certain plot, piece or parcel of land, with the buildings and improvements thereon erected, slmme, lying and being in thc premises known as SEE ATTACHED SCHEDULE TOGETllER '.% ith all fight, title and interest, if any. of the party of the first part in and to any streets and roads abutting the at)ox ¢ describ~xt promises to the center lines thereof; TOGETHER with the appurtenances and all the estale and rights of the party of the first part in and lo said premises; TO H AVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc parZy of the second part forever. AND the pan5' c,f thc !'/mt pan. m compliance with Secdon 13 of the Lien Law. covenants that the party of the first part v, ill recei,, c Ifc consideration For lhis conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose o fpaying the cost of the improvemenl and aiIl apply the same first to the payment of the cost of the improvement before using any part of thc total of thc same for any other purpose. The word "par~y" shall be construed as if it read "parties" whenever the sense of this indenture so requires. The party o£thc first part covenants that the party of the first part has not made. done. committed, execumd or suffered any act or acts, thing or things whatsoever, whereby or by means whereoflhe above mentioned and described premises, or any part or parcel thereof, now are, or at any time hereafter shall or may be impeached, charged or encumbered, in any manner or way whatsoever. The shmreholdcrs have unanimously consented to this conveyance in writing. IN WITNESS WHEREOF, the pan.,,, of the first part bas duly executed this deed the day and year IN PRESENCE OF: 601 ALBANY AVENUE CORP. By: Daniel Hutsenpiller. President ..... ' ~ ' y " ~., ibed in, and who executed, thc ~ ...... ~. ~ot~ Public' DEED Title No. 99-22314 601 ALBANY AVENUE CORP. TO TH©MAS McCARTHY SECTION BLOCK LOTS COUNTY OR TOWN RETURN BY M~,,IL TO: