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HomeMy WebLinkAbout1000-27.-3-4 : J 'Ay 142 ilp p o r t �f� ..• � `... �� 'r y!� '� - . .�l 'b+} �� _ Y . .Y./'f M e ,�I MrY � &� M ". sew ¢, a� y ? gyp p� � �1'��,d�fA��t"�9'+RSA�W10"�b'?,d•Zf��1��£.tY�^^� s6at?fP^.M Sf�1 VRD �i'!n�'i of r Fe.1'• tift 1 Vw. kSl s2A�'@�f y a 'p mtler br _. nwoune .1�a"j.. i+, _ _..c .,. _. t,yl ✓t'�' d¢•e a 1.. {..• `-*'^ i ',T:h�f ?h!! .C� _.H Fti'C ':,�t�d3i. 3Yf1 k to •�>vafi`true)V�e. 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"". _ a3 1'�4+k`.,..e �."'T' +`v.ev'¢ ".-r`'a`,..� i« �° �x „r t p ki rr 9 '" .a . i Y y' , ,- �'''j.�,d ff y�p�' yy*�{ ,,,y!! j,,,"�Y�ypf l5 s6 1.+i/ R>E•'l M .n Alw" +�M �{.,ew¢ 455 �1 #r e ' i +F! wj.I if7 f - �,.. P >x r '� f - 1.+• �", � � . ...yyamy 4#:l i��y),[ " '� *,. �v:x +-w .w/ ,1fi�/ W•�MFF�f/ i�#� r g j R i K t `ti f � «. • 7. at tif AT s �.«4rt�P+�a+pa" ! • V f'p f af' 4� � -^„f �'ta•. k � w Fly. r z i INN' 3 SuBf RSUFFOLK co. PLAN f„ _ JA K1. 13B T. D. 6 t �. R1 y_ y 3 - it•p )19 y Yb This proposed plat is not within the jurisdiction of. the Suffolk County Planning Commission- Rao" Y �i r k RECEIVE® BY F u q DATE .. rj ,E N os �I T1I �F3✓ °l .Pi[1 it lu 4! I III s; fS ill c" I ii. Ei r4� i, f i r.. I ill ;�f 'll I I� li #�nLf ! MCI 9 I �?e i Access q c WAS Tqm, � f� E �fe sub= lo i ft foe { +tee¢ed t/cc� 5� ` yLcrJ cS+ti t L�rt'1 wPk do csgr—Z — C�3e Al SDI' tr w q r1,aU C 4r- ` 2 C'�J L P��a J11 e n1T � YV ��rP q "I �o ' i f91V S+ ZACtz Tv,�, Cd-Q S C4 q3 ✓ C`�i iPr/ ow�cR S cf� is I! ' `Is i! IJ l i,a j. aY iI t,E i 4� Hk •f �_.. !,i o�o5�FF0Ur�o� , o i,41, Z '. T Town Hall, 53095 Main Road tP \ { P.O. Box 1179 0 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 31, 1988 Georgene Vairo Main Road East Marion, NY 1193930 RE: Kings Bay Partners SCTM #1000-27-3-4. Dear Ms. Vairo: The following action was taken by the Southold Town Planning Board on, Tuesday, August 30 , 1988. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Kings Bay Partners located at Orient was submitted to the Planning Board on September 10, 1986 and , WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on Tuesday, August 30, 1988, . at 7: 30 p.m. , and, WHEREAS, the requirements of the subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Georgene Viaro, Esq. for approval of said subdivision plat prepared by Roderick Van Tuyl, dated August 3 , 1988, be approved and the Chairman be authorized to endorse approval on said subdivision plat. If you have any questions, please do not hesitate to contact this office. Ve ruly yours 7_4�tG — ,/ cc: Building Dept. BENNETT ORLOWSKI,JR. Assessor' s CHAIRMAN enc: it AUG 2 �� DI soun�o PLANNING BM DECLARATION OF COVENANTS. AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT KINGS BAY ESTATES I This declaration made this ZZ#Jday of t4-5u4k , 198F, v by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, 9 New York 10012 . W I T N E S S E T H WHEREAS, KINGS BAY PARTNERRSHIP is the owner in fee simple :of certain premises in the Town of Southold, County of Suffolk and State of New York situate at Orient, Town of f Southold, County of Suffolk and State of New York, designated on a Map filed in the Office of the Clerk of Suffolk County as Tax Map Number District 1000, Section 27 , Block 3, Lot 4; and WHEREAS, said KINGS BAY PARTNERSHIP intends to yTT" F: subdivide said premises into four lots Eiji residential purposes, „-; is improving said premises as a planned suburban residential I E community and contemplates the said premises to be conveyed to individual purchasers; and WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their 5 heirs, executors, administrators and assigns or other successors t in interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the p following covenants and restrictions which shall run with the K`, land until 2038 after which time they shall be automatically extended for successive periods of ten (10 ) years each unless an instrument signed by the then owners of a majority of all of the b r' lots agree to change such covenants and restrictions in whole or in part, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public s a� , _)hearing, shall have been recorded . 1 . Construction Requirements . (a ) Type of Building No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three ( 3 ) cars . • y'S j 43 (b) Accessory Buildings No carport or other accessory building of any kind may be erected except : (1) a detached garage, ( 2 ) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in connection with such individual lot. ( c) swimming Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30 ) feet . No above-ground swimming pools shall be erected or maintained on any of said lots . (d ) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy ( 70 ) feet of the front street line of the lot nor within thirty ( 30 ) feet of any side line of the lot, nor within forty ( 40 ) feet of the rear line of the lot. (e ) Approval of Construction Plans All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start of any construction . Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the KINGS BAY ESTATES community. All exterior construction, painting and grading shall be completed within one ( 1) year after commencement of construction. 2 ,67 3 WIM ( f ) Building Modifications All permitted accessory buildings and additions or other modifications thereto, and any modifications of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. 6 Any attached addition to the initial P residential dwelling shall npt 'project more than five (5) feet. I eyopd tl-a front wall of the dwelli:ng; or structure as originally approved:. 2 . Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels . Nor shall more than one dwelling house be located on any lot. 3 . Signs No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of KINGS BAY PARTNERSHIP, its successors or assigns . 4 . Trailers, Tents and Motor Homes No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot . No trailer, except a boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five ( 5 ) days, and shall be subject to any state or local law, rule and regulation thereof . No motor home or camper shall be used on any lot for a continuous period exceeding five ( 5 ) days, and shall be subject to any state or local law, rule and regulation thereof. 5 . Annoying Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything unusual or unreasonable be done thereon which may be or may become an annoyance or nuisance to the neighborhood . 3 6 . Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot . All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 7 . Driveway (a ) Construction of Driveway 6 i KINGS BAY PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements (the "KINGS BAY ESTATES driveway" ) . (b ) KINGS .BAY ESTATES Driveway Easement All owners of lots, their guests and invitees, are hereby granted an easement fbr the purpose of ingress and egress in common with others, at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. The subdivider reserves to itself an easement over all land . lying in the path of any and all parts of such driveway. (c) Utility Easement An easement along the driveway of said map or any other area necessary is hereby specifically reserved for the maintenance of underground wire and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be in areas designated by municipal or public utilities authorities . 9 . KINGS BAY ESTATES Agricultural and Open Space (a ) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable and productive for farming, agricultural and recreational purposes; and the existing openness, natural conditions and present 4 n state of use of such portions of KINGS BAY ESTATES shown below the building line on the filed subdivision map would, if retained, maintain and enhance the conservation of the natural, agricultural and scenic resources of the Town of Southold . (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted to farming or agricultural operations and activities, including all normal and customary operations, and the use of farm vehicles and equipment in connection therewith y open and €allow;. landscaped, wooded areas, ` with lanes, walkways, footpaths, and recreational areas, for compatible recreational pwrp.oses and uses . ( c ) The natural contours and the subsurface conditions of the Agricultural and open space shall remain generally undisturbed, and in their present open natural state. No temporary or permanent residential or nonresidential structures shall be placed or erected thereon, except for irrigation pump houses and any other structure necessary for agricultural purposes . (d ) The plot indicated as open space on the KINGS BAY ESTATES map shall be merged, as an unbuildable lot, never to be further subdivided, with Suffolk County Tax Map No . 1000 Section 26- Block 4 Lot 1, which is part of "Bayview Farm, " Suffolk County Tax Map No . 7045. 9 . Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect . 10 . Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 11 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the 5 11b7l provisions herein shall in no event be deemed a waiver of the right to do so thereafter . 12 . All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY PARTNERSHIP and are not extended to any other property now or 'to be owned by KINGS BAY PARTNERSHIP or any of its general partners. STAT OF NEW YORK ss.: v County) of Suffolk I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of r-_ and that it is a just and true copy of such original /C�� and -of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this c2�day of 42�— 19d} Clerk. Form No. 104 P-199:1/ai -�z„c��• �H,,,,y,J,m, c y �jr,.,YS rn-C NI, ���o"' STATE OF NEW YORK ) COUNTY, OF On the d.a day of , 1981, before me personally A jo!ineAknown and known to me to be the came G'eorgene M. Vairo,� individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. HELENKDEVDE YA Notary Public MURRY etISLIC,Slate of New Na.47078'18.Suffolk I f!F Term EXOM March 3D,1 ti C - ; ` J J provisions herein shall in no event be deemed a waiver of the right to do so thereafter . 12 . All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general partners . ' 13 . These covenants and restrictions can be modified only at the request of the then owner of the premises, with the approval of a majority of the owners of the other lots, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing. KINGS BAY PARTNERSHIP: � "�' i �� �•Vz�s~�'``� �� �F General Partners: At"" N, C. Fi9l+s "-Marianne C. Fahs 4y 66My&.'L1.1/.r4, 'Matthew McCasl in �,J,�/,�,:� -a Carol D. Quackenbos '� "Elizabeth Thompson MA;777fi w AfLZ4J/%n (.y &eav —• H' d� �►'B Georgene M. Vairo C&ve l Tj. �/a�lt...•.�u s� y y G c�rsri.+t l�l, Vie ion k s��'�vr��� f�*G i� �dr.Ltr by Georgene M. Vairo, General Partner 6"JaAtcA Twos", Ly 6tmYs"4- M. tl#j o... STATE OF NEW YORK ) ss . . COUNTY OF On the da day of 1981, before me personally came Georgene M. Vairo;��7iRrmeRknown and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same . HELEN K.OE YOE York � A-,v- L NOTARY PUBLIC,State of NOWNotary Public No.47078'18,Suffolk County Terre Expires March 30,19 G • STATE OF,NEW YORK, COUNTY OF On the ZLday of ,lg q{ before me came; J;cgrjrpe k-Yos-Jto To me knowg who, being by me. duly sworn. deposes and says: fo„ ; that$he is the. attorney .�`,fagt for G li z abs iThla+' and who by said attom.y in f act- e7ecubed'tke sai4 instrument, and duly acknowledge thatShe executed the same. as the acts . and deed of the saluFJzM; by virtue . of a Power of Attorney,dated the 'Zpfa say of Ar ", '-'r,i d recorded:in the Uft:Lce.' of the, ClerIL of the county of_fy;14G on the day of f/_/yC is Liber : . %6 P Page rfP oz T-4 simultaneously herewith. ELD PUWt9je NOTARY k KA Nol 52-0597026;SU Term j STATE OF NEW YOU, COUNTY OF Zss, On the day of ,1% be-fore: me came to me know" who, being by me duly sworn deposes and says: ; that he is the. attornep in fact for and who by said attorney in fact- executed the said instrument, and duly acknowledge that he executed the same- as- the act'•' and deed of the said by virtue . of a Power of Attorney dated the day of , and recorded -in the. Uffice. of the Clerk of the county of on the day of in Liber Page or simultaneously herewith. I I - STATE OF NEW YORK, COUNTY OF 5d� "i On the ZZ day of Yf -3 , ,19- yY before me came �f V�} r rR 0 to me knownCsE02GGen �' who, being by me. duly sword. deposed and r says: N thatshe is the. attoraey .:tu foot for !eJ(Yfu He ( ¢;h J and who by said attorney in fact- e�ecuted'tTse said instrument, and duly acknowledge tbatshe eiecuted the same. as, the act `• and deed of the sai'dAap4 f�f by virtue - of a Power of Attorney, dated the IWA day ofW.ttlb , and recorded-in the. uffice,of the C1eZIc of the'-' County of fv�Q/4 an the day of 1ef,y/f4 in Liber /-� J G Page S8� <y simultaneously herewith. cF A$I CAULFIELD WOTAO, PUBkdC,SIate of Haw Yank No. 52-4697D26,Suffolk County ^a Term Expires, 'Fe::M-1dQ n STATE OF NEW YORK, COUNTY OF S•+v(k On the?L day of Aw5 , ,1Tf( before me came (rip t.NF It1• VHSRU to me known who, being by me duly, sworndeposes and says: ; that5ie is` the. attorney in fact for 141977-NEw P4,(4 fl;y and who by said attorney in fact- executed the said instrument, and duly acknowledge thatjhe executed the same. as- the act'•' and deed of the saidMajcw;�e by virtue . of a Power of Attorney defied the ZI.� day ofOc►•hYb , =6 recorded in the. Uffire of the: Clerk of the. County ofJw. 4q/G on the day, of ZLFI Liber /p J bQ. Page s�7 oz simultaneously herewith. OMAS I NOTARY PUBLIC, We of Haw York No. 52-4697026, Suffolk CountY STATE OF NEW YORK, COUNTY OP Su��I/C 2ss. On the Z 2 day of Av� , ,I% Qf before. me came. �e6 yse Ke A • Vhl fce to me know" who, being by- me duly sworn deposes and says: ; thatfhe for is the attorney in fact CQrol )A,0 ,ceaiosand who by said attorney in fact- executed the said instrument, and duly acknowledge thatshe executed the same as- the act and deed of the saidk../4,,,J�4tgby virtue . of a Power of Attorney dated the 2OA day of OtAegpc , and recorded in the Uffi.ce. of the Clerk of the County of`S-4F 414 en the day of 1/•/jr. y6 in Liber 7.0/ 4 f Page. SSG ox simultaneously herewith. — Y THOMAS H.CALUELD NOTARY PUBLIC,Sfate d Now Yark No. 524697026, Suffolk j� p� TUFfl EX�;W,, i'w`3TL'fl��t76 LEGAL NOTICE on the above matter should appear I STATE OF NEW YORK) AUG NOTICE OF at the time and place specified. )SS; PUBLIC HEARING Dated: August 22, 1988 NOTICE IS HEREBY GIVEN that BY ORDER OF COUNTY OF SUFFOLK) pursuant to Section 276 of the TMSOUTHOLDTOWN I Town Law, a public hearing will PLANNING BOARD, be held by the Southold Town - BENNETTORLOWSKI,JR. Christina Contento , Planning Board, at the Town Hall, CHAIRMAN Main Road,Southold,New York in 6041-1TA25-- said County, being duly sworn,says that he/she is Principal said Town on the 30th day Clerk of THE SUFFOLK TIMES, a Weekly Newspape (Tuesday) of August, 1988 on the question of the following; published at Mattituck, In the Town of Southold, County oY 7:30 p.m. Approval of the final Suffolk and State of New York,and that the Notice of which maps for the minor subdivision of Kings Bay Partners, located in the annexed is a printed copy,has been regularly published in Orient. Town of Southold, County said Newspaper once each week for 1 weeks of Suffolk, State of New York. SCTM #1000-27-3-4. successively, commencing on the 25 day of The property is bordered on the A g North by proposed subdivision of Bayview Fawn;on the East by land now or formerly ofT. Rohloff, by land now or formerly of Beaujolais Acres; on the South by land now I l A or formerly of Casola, now or formerly of S.Traube,now or for- Principal Clerk merly of R.J. Douglass; on the West by King Street, land now or formerly of C.Mayer,now or for- merly of Martinsen. ^® -i Any=person desiring to be heard i Sworn t0 Ore me this da of 19 MARY K.DEGNAN NOTARY PUBLIC,State of New,York Suffolk County No 4849860 Term Expires Februari-X, f I COUNTY OF SUFFOLK STATE OF NEW YORK ss: i i r , H WE" { Patricia Wood, being duly sworn, says that she is the 'b 4 EGAL,'1\iO) w Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, J ;IVOT§ICE OF PUBLIC HEARING a public newspaper printed at Southold, in Suffolk County- and that the notice of which the annexed is a printed copy, ',NOT LIG):11" L,S, T ERiEBXI has been published in said Long Island Traveler-Watchman "'�'GL.� EN thati ursu t,t' ,Section' Y II . .1 ,IP �Jb. once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks T��lo '.,fheiTown LaM,a pu,X c ��r heanng,I wild•�berl field�1 by I tie � , Sout�t'p)d TbwnGPlanningiBoard,' successively, commencing on the . .1�5 x.at Ahe,j 'own 14,a,11;IMair�aRoad; ; Southold,' l�ewi Yorlkif tnl said �� i�owthe' (ftllltiay'(Tu'es'day) of . . - . 19 . . ��?,I'olHAugn'st 19'8g oh the question �f��! ,7 of th®''r'fb lo' an 9 f�l i �,,i, au . . . . . . . ICI.� I •fib'.-i m ',A royal o�� the' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 P p, p °�� fina�"maps�''for';thewlm�gor'sub, {1 i sion pf I gs Bad Parthers, o, I �. onnO , ,a�l�,located mil Iq Tow�nytiof 1 Ohl', 5out'hbld, � ty;nen'tI o� Suffolk, li ti StateloflewlYor[c � TIYIio. Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of hlri 11000M127r314,wr:; hei properlty,is bordered on / ISPI 19 . . . . Si F. in, the �'Ih East by laid Aow or forerty of 1 ' IT '$otiloff,W b land';now dr , I I I N g l;„ )ortr�ery of BeuJolatsAc4es Ion :' 1 , � out �,b' :,Itand.�now..or . . . . . . . . . . . . . . . . . . .�./. . . . . - . . . . : . . . . . fgrlmerly of Gasola,l ndw or Notary Public +1 fbrmeriy of S Trau6 1 'now.or Il'otlnerly'of RLJ Po,uglass, on BARBARA FORBES ��I� 1'tl�e:hWesltllby Kmg Settee,€hand NotarY Public, State of New York "11 now,p.1.'ormcerly ofi,Q�MayeF, Qualified in Suffolk Count yy ' novel ot�formerly o�f�alVlartlnsen: Commission kapires Any.; persorC esxrng to e rA�f� '�I"'rlagG ±,�i.,.1 heard; o .t the above, matter �;{' '�6oxlld' n earl at th"e'utne:and i �k�''ihplace�specified' � ,I, "11 Date Au sx'22 '1,48 , Ghlr; B ORD0 O'VT)1E. N. FLAN)�k)`IG'$OA�D wrl„ $ENWETT ORLOWSKI, J'R. f CI3A1�2MAN SY25/'88(4) u i SOUTHOLD To- PLANNING BOARD i �j LEGAL NOTICE '(kf NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 30th day (Tuesday) of August, 1988 on the question of the following; 7: 30 p.m. Approval of the final maps for the minor subdivisionof Kings Bay Partners, located in Orient, Town of Southold, County of Suffolk, State of New York. SCTM #1000-27-3-4. The property is bordered on the North by proposed subdivision of Bayview Farm; on the East by land now or formerly of T. Rohloff, by land now or formerly of Beaujolais Acres; on the South by land now or formerly of Casola, now or formerly of S. Traube, now or formerly of R.J. Douglass; on the West by King Street, land now or formerly of C. Mayer, now or formerly of Martinsen. Any person desiring to be heard on the above matter should appear at the time and place specified. Dated: August 22, 1988 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI,JR. CHAIRMAN -VtZ4'�t�- COPIES TO: Traveler Watchman l' kw r,� 1�s:1e,' i. r r ,�.{ '" /• i:' /,f`�ttl�,�f%;Won? :� '� ��', t r, 'r.�R':^: �£ '`°j�"i �i 7'�'' �;•rll';� r� (V'F!t . � fl. id,7 ;"}'°r•:!r'�n;r•'xr;'1•n�4,�', 5����'iY�i,e?;`t�� ';• .I.,k.i-,j',i,r,tti'.'%Y"• k,r„I`� a, 1,':`7 �1:c i,;l'•'+'- 't f'' f°uAp 1 0 ",T°U,Yw�tvxibMefAl-llr�i�gw1Alir,�i6/.:# ;�kfiMt'M S 1,., + 5, , t7(� t <,, tL+ F' '' r f 411 UWr11 RR QQ�ry!A ', 7,niy 1 _ �!. '7 1 t.e,It. •' �!�rv{� 'r:.`� +� ��J Il Vti� / , , 3., k'.•'t',• i'"r 7,•V,',,.•:','�;y„e,�r•;.R+;,tF'�� ri rrl:;:' n}�#; THIS INDENTURE,nta.lc the �4f' day of October .mnewen hurtdrcd and eighty diX #j 4. BETWEEN CIMWUL•• Kwrlrl�t, residing at 7900 Tam Waterway, Miami Beach..' Flnirida IWROLO KUZ, residing at '25 D%"Wood Am nuo'. Roslyn Harbor, New York, rf1C�iAEL:'3.',r,t j,?z. ItU:�I�t1 Fx U, rebidhie, AL 991 East End, Wooclnere. New'York; S�t1LtLEY MAYL"It, restdin$4 ; ' 118 Waysicle uulu, Lloyd Harbor, New York; and GWRIA'LIPSON, residing ttC 219 Clay 3 ,, .'' l€M y PULS Rcwd, Fd3L Northport, New York j having its princl lwtrty of llrr'lrral p.111,aIr l KINGS BAY PAMNjatSHII', a co-partnership pal place of busirwas at 316 Moct Street, New York, New Yo -7-13 ' r' ATC- ; l' NQ'114 jQ k + colt�n1 K ;� '•? JS t;;,�;ry s,r.4l ,i14, I (wrty III lhr s+<'tutui pact, ° " ' hT' ` + .'.,.�, Her'; r+ WITNESSETII,that tie party of tile fin rt.t pa ,to conWaatmn W the BUD Of TiI1 ($10.00) t'y dtfM,�3�r�i lawful moury of the Uutwil States, to thkm I,y the party of tloe becond part,doer►a°rtt,y grant AM Me amo unto the lti the wrnrtd pslt,tbo boin 01,z'`.'•� tYa"t. aru co'rs„rs anJ asatgur of the party of t►te 6aXurul part forever. ALL that cerwiat plot,pie"or lwrccl of lurid,with tho huildtap And'Improvements thetson rsucted..gi41Ft�,,"��� lying and long mobcx dt Oritnit, in the Town of Southold, County of,Suffolk, Statc,,,, of New York, bouniled aM described as follows; ?�;•id', "INNil�(: at a point an the easterly little of King Strti9Bt 13.6 feet southerly-4 � ;, i, said easterly line frou the northerly- Lim of said K#% Strut;: &M t ilP �t.'. beginning running' along bads now or fota�erly Of Tattor,�►d;A 's��t; t�a'cau �4r " follows: ' • 4 (1) South Boo 21' 29' East 631.22 feet; t f> f•;E'+�? ,— tilt1a (2) Ntuth 650 43' W1 East 856.96 feet to land,",Or fo�aexly 'liikT�Cl: alor said land of Rohoff and courses as iand now,or fogWrly.of JotRt•Jagger..ttaD , r•' �o Lawn (1) South 64 09' 10" East 473.63 feet; thence (2) South 290 55' loll East 546.97 foist w lend now or,foaoerly of iJitrentbug:= u ; ,. THENQ*- along said lend of Witzenburp, South 700.13' 50" West 31.44 feet,to ?°� r pistrict V-j f,l; now or formerly of Tabor; _ ' 'Section TF(1a al band last mentioned five courses as follows: 7 }s0� ,00 (1) North 2S 18, loll Weat 116,65 feet; thence ' (2) 'South 610 23' 20" West 512.83'feet;'thmtce �a lock (3) North 280 21.' 00" West 94.70 feet: Q3 ,00 (4). South 65o 14' 20'! West 164.96v set=;30thence ' » .ot (5) oil a tie line course South 49 59 Whst 503.04 feet' 'r )04.000 ., THENCE alaig';land now or borwrly of Tabor'and along � now Or formerly of iNel o sti t i Douglass Estate, North 32 oil 50" West 345.68 feet; t t{ , THENCE still along said land raw or fo"rly of Neltiact r 4,Mate; th»,;; ;s yk yF courses As follows; O '+ (1) , Northerly about 110 feet to a point which•is North 2'.411.- �„ t ?.,• feet from the last described point;, thence ,;{A . 0 29 18' 50" West 252.70 feet �i (2) North i (3) South 75° 17' 00' feet West 381.46 co' J• hYr.:. S: „-'. " '; nl iksC'684,18'f THENCE NCE a1 said easterly lie of.Kill.. the point or place`of beginning. ;�S,r t, 4,r j:r;, BEING the scone premises heretofore �'tA ''' �;'Hax�1d,may. ,,.;I, :1, Af ' , Michael I. Rosenfeld and Kileent Cliaikir;�Ys%deed of;+Vllitia'F.etatt:9;s Ittc •►'dated f . 'of ce of ttte:Ggtalty'Cle*;i';SgfO11,t of !ty,;on 10c 15, 196Z recorded in tha 5 (l 196G in fiber,of'deed 5634,''page '482' by �iefrdsQf;'FiLeetb 'to , t ,, and Gloria Lipscn dated January -7,1;,1,' 1� �tiifih�,t3as`-;lee d. ►0 t office arf<<. ` yE /�,, /+ Co�ty;,Clexk,,jSuff s� }aj„ q';Gf S+r,',t:,t h- ;rot•I, s r'. •°f ,,g'.�hS'••;N3",y, i rA LL, Lox 76S� • 1 J DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT KINGS BAY ESTATES This declaration made this day of 198 , by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, New York 10012. W I T N E S S E T H WHEREAS, KINGS BAY PARTNERSHIP is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a •certain map entitled, KINGS BAY ESTATES, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of Suffolk County as Map Number on the day of , 198 , and WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers; and WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors ;t in interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until 2038 after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in ,part, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a `public hearing, shall have been recorded. However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i.e. , Paragraph 8, shall continue in perpetuity. 1. Construction Requirements. (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars. (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, . (3) a tool Shed for the storage of lawn maintenance equipment and other maintenance equipment used in connection with such individual lot. (c) Swimmin4 Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty, (30) feet. No above-ground-swimming pools shall be erected or maintained. on any of said lots. '(d) No part of any building and/or structure, except of steps, stoops, terraces, patios and chinney breasts shall be located upon any lot within seventy (70) feet -of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot. (e) Approval of Construction Plans All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the KINGS BAY ESTATES community. All exterior construction, painting and grading shall be completed within one (1) year after commenlcement of construction. 2 4 (f) Building Modifications All permitted accessory buildings and additions or other modifications thereto, and any modifications of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall.conform3in architecture, material and co`1°or to, such dwelling. Any attached ,adrdi't on. to, the 'initial residential dwidAing sha19- riot project more than five f f�e'r beyo3rd the. front wall of the dw Ong or s7bructure as originally appr .,ed, 2. Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3 . Signs No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of KINGS BAY PARTNERSHIP, its successors or assigns. 4 . Trailers. Tents and Motor Homes No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot. No trailer, except a boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. No motor home or camper shall be used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. 5.. Annoying Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything unusual or unreasonable be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 3 6. Trash Garbage or rubbish shall not be dumped or allowed j to remain on any lot. All garbage to be collected # must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection: Trash or rubbish shall not be burned upon the premises. 7 . Drivewav (a) Construction of Driveway KINGS BAY PARTNERSHIP, hereinafter referred to as: the subdivider, shall install, -driveway improvements (the "KIIiGS -BAY ESTATES driveway") . (b) KINGS BAY ESTATES Driveway Easement All owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others, at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. The subdivider reserves to itself an easement over all land lying in the path of any and all parts of such driveway. (c) Utility Easement An easement along the driveway of said map or any other area necessary is hereby specifically reserved for the maintenance of underground wire and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be in areas designated by municipal or public utilities authorities. 8 . Surface Water Drainage System In order to insure that the water drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are hereby imposed upon the water drainage 4 I � J area (herein referred to as the drainage area) . (1) The owner of each lot abutting the drainage area shall maintain drainage area thereon free from leaves, debris and other matter which may impede the flow and/or percolation of surface -water ! over or into ,such `diairage area. (2) No trees, shrubs, planting or other vegetation., except`,;grass ssha,311 be planted or maYntam6d in •the drainage axea without the ,tritteri consent of the subdivider, or its ,spo essors of assigns, ar�d tfie Planning= Soarcl of the; Town of Soizthol'`d. (3) No sand, gravel., loam or other material shall be deposited in the drainage area nor shall any material be removed therefrom without the written 1 consent of the subdivider, or its y'. successors or assigns and the Planning Board otf the Town of Southold. (4) No fences or other structures shall be placed or maintained in the drainage area. (5) The subdivider or its successors and assigns, shall have the right to enter upon the drainage area and to construct, repair and remove such pipes, culverts, catch basins, sumps, and other facilities and to perform such excavation, filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes. 9. KINGS BAY ESTATES Agricultural and Open Space (a) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable and productive for farming, agricultural and recreational purposes; and the existing openness, natural conditions and -present state of use of such portions of KINGS BAY ESTATES shown below the building line on the filed subdivision map would, if retained, _ maintain and enhance the conservation of the natural, agricultural and scenic resources of 5 the Town of Southold. 17 (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted tofarming or agricultural operations and activities, including all normal and customary operations, and the use of farm vehicles and equipment in connection therewith; open and fallow; landscaped, wooded' areas, . with lanes, walkways, footpaths; and recreational areas, for compat ble.recreatlonal purposes and uses. (c) The natural contours and the subsurface i conditions of the Agricultural and open space shall remain generally undisturbed, and in their present open natural state. No temporary or permanent residential or nonresidential structures skull be placed or erected thereon, except for irrigation pump houses and any other structure necessary for agricultural puxpa�ses. �. (d) The plot indicated as open space on the KINGS BAY ESTATES map shall be merged, as an unbuildable lot, never to be further subdivided, with Suffolk County Tax Map No. 1000 Section 26 Block 4 Lot 1, which is part 1. of "Bayview Farm, " Suffolk County Tax Map No. 7045. 10. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 11. Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 12 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 13 . All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY 6 PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners. 14. These covenants and restrictions can be modified only at the request of the then owner of the premises, with the approval of a majority of the owners of the other lots, and with the approval of a �majority plus I of the Town Board or Planning Board of the Town of Southold after a public hearing. KINGS BAY PARTNERSHIP: General Partners: Marianne C. Fahs Matthew McCaslin Carol D. Quackenbos Elizabeth Thompson Georgene M. Vairo by Georgene M. Vairo, General Partner as Attorney-in-fact for the above named Partners. STATE OF NEW YORK ) ss. : A COUNTY OF ) On the day of , 198 , before me personally came Georgene M. Vairo, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. Notary Public 7 - - DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT KINGS BAY ESTATES This declaration made this day of 198 , by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, New ,York .10012. W I T N E S S E T H WHEREAS, KINGS BAY PARTNERSHIP is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and. State of New York, known and designated on a certain map entitled, KINGS BAY E'STATES,. a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed . in the Office .of the Clerk of Suffolk County as Map Number on the day of , 198 , and f WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual j purchasers; and 9 WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors administrators and assigns or other successors in , interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and 'shall be conveyed subject to the following covenants and restrictions, which shall run with the land until 2038„ after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, and with the approval of .a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing, shall have been recorded. However, notwithstanding any of thekabove, the provisionxs_ applicable to the surface water drainage system, i.e. , Paragrraph 8, shall continue in perpetuity. 1. Construe-tiorn iteguirements . (a) Type of ouildina No 'building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage __ for not more than three (3) cars. (b) Accessory Buildings - _ No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of law maintenance equipment and other maintenance equipment used in connection with such individual lot. (c) Swimming Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (e) Approval of Construction Plans .• All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by -KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start of any construction. Such approval, which E shall not be unreasonably withheld, shall be based upon the judgment of k. 2 KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent with, and will not 'detract from the aesthetic character of the KINGS BAY .ESTATES community. All exterior .construction; painting and grading shall be completed within one (1) year after commencement ofconstruction. (f) Building Modifications All, permitted accessory buildings and J additions or `aEher modifications thereto" andrahy modifications of the init. al, res °dentlal building, including any breez.eway .oreother structure in connectg 'a`d .addition to the main dwel-Itingl, .sh'alfl conform in architecture, material and coZor to such dwelling. Any attacheUA. ad3ition to the initial residential dwelling: shall not project mere-than fige (5) feet beyond the front wall�kof the dwelling or structure as orig wally approved. 2 . Restriction,'on.c,'Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels... Nor shall more than one dwelling hoxise +�be located on any lot. 3 . Signs No signs of any, kind shall be displayed to the .public view on .any lot except one professional sign of not mor)e than one square foot, without the written consent; of KINGS BAY PARTNERSHIP, its successors or assigns. 4 . Trailers , Tents and Motor Homes 4M - No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot. No trailer, �':mccept a boat trailer, or tent; shall ba lQcated, erected or used on any lot fora continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. No motor home or camper shall. be used on any lot for a continuous period " exceeding five .J5) days, and shall be subject to any state or local law, rule and regulation thereof. 3 /1 n 5 . Annoying Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything unusual or unreasonable be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 6. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 7. Driveway (a) Construction of Driveway KINGS BAY PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements (the "KINGS BAY ESTATES driveway") . (b) KINGS BAY ESTATES Driveway Easement rl �j All owners of lots, their guests and 1 invitees, are hereby granted an easement for the purpose of ingress and egress in common with others, at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. The subdivider reserves to itself an easement over all land lying in the path of any and all parts of such driveway. (c) Utility Easement An easement along the driveway of said map or any other area necessary is ! heieby sF^cifically reserved for the , erection and maintenance of poles and wire and conduits and of all proper and necessary attachments for electric power 1 and telephone service and for the construction and maintenance of any utilities, if any, provided, however, 4 f j that said easements shall be over areas designated by municipal or public utilities authorities. 8 . Surface Water Drainage Systeiii' In order to insure that the water 5 - drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are h f hereby imposed upon the water drainage (}�j +�Z. bid, ✓GiwTu9/S., area ,,(herein referred, to as the drainage;, (1) The owner of each lot abutting the drainage area shall maintain drainage area thereon free from leaves, debris and other matter which may impede the flow anal/or percolation bJf surface water a. over or into such drainage area. t (2) No trees, shrubs, planting or other j'. vegetation; except grass, shall be J planted or maintained in the drainage arza without the written consent of.the subdivider or its successors or assigns, and the Planning Board of the Town of Southold. (3) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. (4) No fences or other structures shall } be placed or maintained in the drainage area. �p (5) The subdivider or its successors and assigns, the association of property .... owners, shall have the right to enter _upon the drainage area and to construct, repair and remove such. pipes, culverts, catch basins, sumps, and other facilities and to perform such excavation, filling, :grading and seeding operations as may be deemed necessary for surface water drainage purposes. 5 . y 9 . KINGS BAY ESTATES Footpath Right of Way , ate All owners of lots, their guests and invitees, are hereby granted an eight {� S A"V foot wide right of way on the perimeter 11 � o^ &-Z-r of the KINGS BAY ESTATES subdivision, S� excluding the part of the subdivision map labeled open space, for .use and enjoyment as a footpath or bridal path (pursuant to reasonable regulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider) in common with others at their own risk. 10 . KINGS BAY ESTATES Agricultural and Open Space (a) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable Ds. and productive for farming, agricultural and { � recreational purposes; and the existing openness, natural conditions and present L �� state of use of such portions of KINGS BAY- �Vi ESTATES shown below the building line on the filed subdivision map would, if retained, maintain and enhance the conservation of the natural, agricultural and scenic resources of the Town of Southold. (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted to farming or agricultural operations and activities, including all normal and customary operations, and the use of farm vehicles and equipment in connection therewith; open and fallow; landscaped, wooded areas, with lanes, walkways, footpaths, onr'nds� and recreational � , y G areas, or compatible recreational purposes and uses. dam° (c) The natural contours and the subsurface conditions of the Agricultural and open space -t shall,_remain generally undisturbed, and in { heir_present open natural state. No temporary or permanent residential or nonresidential structures shall be placed or erected thereon. �S The plot indicated as open space on the KINGS . I BAY ESTATES map shall be merged, as an 6 _, i unbuildable lot, never to be further subdivided, with Suffolk County Tax Map No. 1000 Section 26 Block 4 Lot 1, which is part of "Bayview Farm, " Suffolk County Tax Map No. 7045. 11. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the- other provisions which shall, remain in full force and effect. 12. .Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors. and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 13 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 14. All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners . 15 . These covenants and restrictions can be modified only at the request of the then owner of the premises, with the approval of a majority of the owners of the other lots, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing. KINGS BAY PARTNERSHIP: General Partners: �.+ Marianne C. Fahs Matthew McCaslin Carol D. Quackenboe Elizabeth Thompson Georgene M. Vairo by Georgene M. Vairo, General Partner as Attorney-in-fact for the above named Partners. STATE OF NEW YORK ) ss. : COUNTY OF ) On the y day of ! L, 198 before me personally came Georgene M. Vairo, to me Gown and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the/ same. Notary Public MARY IJot3r,Public, Si;ce cf!`;��,v �p No.31-;9ira_? Qualified in IJesv Ye,:; ^ Commissiol F-xpirss_�`7- t C q ;t 8 KAM �- 5 1988P b'd NING ;= cortle i &41 Tv,11 w, it h,4 °ouY v Arl , AUG — 519MM DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY ypLf7 pLD=rnra� VALUES AT KINGS BAY ESTATES This declaration made this day of 198 , by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, New York 10012 . W I T N E S S E T H i WHEREAS, KINGS BAY PARTNERSHIP is the owner in fee ! simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, KINGS BAY ESTATES, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of Suffolk County as Map Number on the day of 198 , and WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers ; and WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until 2038, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing, shall have been recorded. However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i.e. , Paragraph 8, shall continue in perpetuity. 1. Construction Requirements. (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars. (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storage of law maintenance equipment and other maintenance equipment used in connection with such individual lot. (c) Swimming Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side fine of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (e) Approval of Construction Plans All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of 2 0 KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the KINGS BAY ESTATES community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. (f) Building Modifications All permitted accessory buildings and additions or other modifications thereto, and any modifications of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwe�ling shall not project more than five (5) feet beyond the front wa•11 of the dwelling or structure as originally approved. 2 . Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3 . Suns No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of KINGS BAY PARTNERSHIP, its successors or assigns. 4 . Trailers . Tents and Motor Homes No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot. No trailer, except a boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. No motor home or camper shall be used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. 3 5. Annoying Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything unusual or unreasonable be done thereon which may be or may become an annoyance .or nuisance to the neighborhood. 6. Trash i Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for colledtion Trash or rubbish shall not be burned upon the premises,. 7. Driveway (a) Construction of Driveway KINGS BAY PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements (the "RINGS BAY ESTATES driveway") . (b) KINGS BAY ESTATES Driveway Easement All owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others, at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. The subdivider reserves to itself an easement over all land lying in the path of any and all parts of such driveway. (c) Utility Easement An easement along the driveway of said map or any other area necessary is hereby specifically reserved for the erection and maintenance of poles and wire and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, 4 that said easements shall be over areas designated by municipal or public utilities authorities. 8 . Surface Water Drainage System In order to insure that the water drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are hereby imposed upon the water drainage area (herein referred to as the drainage area) . (1) The owner of each lot abutting the drainage area shall maintain drainage area thereon free from leaves, debris and other matter which may impede the flow and/or percolation of surface water over or into such drainage area. (2) No trees, shrubs, planting or other vegetation, except grass, shall be planted or maintained in the drainage area without the written consent of the subdivider or its successors or assigns, and the Planning Board of the Town of Southold. (3) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. (4) No fences or other structures shall be placed or maintained in the drainage area. (5) The subdivider or its successors and assigns, the association of property owners, shall have the right to enter upon the drainage area and to construct, repair and remove such pipes, culverts, catch basins, sumps, and other facilities and to perform such excavation, filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes. 5 9 . KINGS BAY ESTATES Footpath Right of Way All owners of lots, their guests and invitees, are hereby granted an eight foot wide right of way on the perimeter of the ICINGS BAY ESTATES subdivision, excluding the part of the subdivision map labeled open space, for use and enjoyment as a footpath or bridal path (pursuant to reasonable recyulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider) in, common with others at their own 'risk. 10. KINGS BAY ESTATES.. Agricultural and Open Space (a) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable and productive for farming, agriicultural and recreational purposes; and the existing openness, natural conditions and present state of use of such portions of KINGS BAY ESTATES shown below the building line on the filed subdivision map would, if retained, maintain and enhance the conservation of the natural, agricultural and scenic resources of the Town of Southold. (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted to farming or agricultural operations and activities, including all normal and customary operations, and the use of farm vehicles and equipment in connection therewith; open and fallow; landscaped, wooded areas, with lanes, walkways, footpaths, ponds, and recreational areas, for compatible recreational purposes and uses. (c) The natural contours and the subsurface conditions of the Agricultural and open space shall remain generally undisturbed, and in their present open natural state. No temporary or permanent residential or nonresidential structures shall be placed or erected thereon. (d) The plot indicated as open space on the KINGS BAY ESTATES map shall be merged, as an 6 unbuildable lot, never to be further subdivided, with Suffolk County Tax Map No. 1000 Section 26 Block 4 Lot 1, which is part j of "Bayview Farm, " Suffolk County Tax Map No. 7045. 11. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 12. Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 13 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 14. All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners. 15. These covenants and restrictions can be modified only at the request of the then owner of the premises, with the approval of a majority of the owners of the other lots, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing. KINGS BAY PARTNERSHIP: General Partners: Marianne C. Fahs Matthew McCaslin Carol D. Quackenbos Elizabeth Thompson Georgene M. Vairo by Georgene M. Vairo, General Partner as Attorney-in-fact for the - above named Partners. 7 t f I STATE OF NEW YORK ) ss . . COUNTY OF ) On the y day of �t, 198 before me personally came Georgene M. Vairo, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the. same. I N5 y Public MARY E. �YncL. Notary Rr'blic, State No.3I-$913 Qvalmed 1. Ne:v Ycr;t^c<<I,� . Eamrni=siM Ezpi= }� g5- 8 , v � -- -- -- song PE.1.1WIFJG pFJn y - I IL LI A-411 _ - - I O c et2c �lr c, �iC CL i S cot -!A-IyL_ .C��° -- r� I� 1cl ,�l•' e FI @ [3 �Fw A �1G u9R - -- ------ - - - - DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT KINGS BAY ESTATES This declaration made this day of 198 , by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, New York 10012. W I T N E S S E T H WHEREAS; KINGS BAY PARTNERSHIP is the owner in fee simple of certain premises in the,Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled;,. KINGS' BAY ESTATES, a. subdivi.sion situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the Office of the .Cl,erk of Suffolk County as Map- Number on the day of 199 , and .WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the 'said premises to be conveyed to individual purchasers; and WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions' upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until 2039 after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing, shall have been recorded. However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i.e. , Paragraph 8, shall continue in perpetuity. 1. Construction Requirements. (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars. C (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a swimming pool, (3). a tool shed for the storage of lawn maintenance. equipment and other maintenaaoe equipment used in connection with such iidlvidual lot. (c) Swimming Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines. than thirty (30) feet. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot. (e) Approval of Construction Plans All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start. of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the KINGS BAY ESTATES community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. 2 (f) Building Modifications All permitted accessory buildings and additions or other modifications thereto, and any modifications of the initial residential building, including any breezeway or other structure connecting an addition, to the main dwelling, shall conform,in architecture, material and :color to, such dwelling. Any attached' addition. to the initial residential dwelling shall not project more than five (5) feet 'beyond thek 4,roht wall of the dwellling -or-.structure as originally appxo-�rea. 2 . Restriction on .Bivision and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3 . Signs No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of KINGS BAY PARTNERSHIP, its successors or assigns. 4 . Trailers. Tents and Motor Homes No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot. No trailer, except a boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. No motor home or camper shall be used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. 5. Annoying Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything unusual or unreasonable be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 3 • l (V 6. Trash Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 7 . Driveway (a) Construction of Driveway KINGS BAY. PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements (the "KINGS BAY ESTATES driveway") . (b) KINGS BAY ESTATES Driveway Easement All owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others, at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. The subdivider reserves to itself an easement over all land lying in the path of any and all parts of such driveway. (c) Utility Easement An easement along the driveway of said map or any other area necessary is hereby specifically reserved for the maintenance of underground wire and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be in areas designated by municipal or public utilities authorities. 8 . Surface Water Water Drainage SvstemSvstem In order to insure that the water drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are hereby imposed upon the water drainage 4 area (herein referred to as the drainage area) . (1) The owner of each lot abutting the drainage area shall maintain drainage area thereon free from leaves, debris and other matter.which may impede the flow and/or, percolation of surface water over or into such drainage area. (2) No trees, shrubs, planting or other vegetation, except grass, shall be planted ,or mafntainedd. in the drainage area without the writtOn donserit of the subdivider or its successors or assigns, and the Planning Board of the flown of Southold- (3) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. (4) No fences or other structures shall be placed or maintained in the drainage area. (5) The subdivider or its successors and assigns, shall have the right to enter upon the drainage area and to construct, repair and remove such pipes, culverts, catch basins, sumps, and other facilities and to perform such excavation, filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes. 9 . KINGS BAY ESTATES Agricultural and Open Space (a) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable and productive for farming, agricultural and recreational purposes; and the existing openness, natural conditions and present state of use of such portions of KINGS BAY ESTATES shown below the building line on the filed subdivision map would, if retained, maintain and enhance the conservation of the natural, agricultural and scenic resources of 5 the Town of Southold. (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted to farming or agricultural operations and activities, including all normal and customary operations; and the. use of. farm. uehicles and equipment in connection therewith; open and fallow; landscaped, wooded.azeas,,, with lanes, walkways, footpaths, and recreational areas., for compatible reereati.o dal purposes and uses. (c) The natural contours and the subsurface conditions of the Agricultural and open space shall remain generally undisturbed, and in their present open natural state. No temporary or permanent residential or nonresidential structures shall be placed or erected thereon, except for irrigation pump houses and any other structure necessary for agricultural purposes. (d) The plot indicated as open space on the KINGS BAY ESTATES map shall be merged, as an unbuildable lot, never to be further subdivided, with Suffolk County Tax Map No. 1000 Section 26 Block 4 Lot 1, which is part of "Bayview Farm, " Suffolk County Tax Map No. 7045. 10. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 11. Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 12 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 13 . All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY 6 A , 6 PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners. 14. These covenants and restrictions can be modified only at the request of the then owner of the premises, with the approval of a majority of the owners of the other lots, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing. KINGS BAY PARTNERSHIP: General Partners_ Marianne C. Fahs Matthew McCaslin Carol D_ Quackenbos Elizabeth Thompson Georgene M. Vairo by Georgene M. Vairo, General Partner as Attorney-in-fact for the above named Partners. STATE OF NEW YORK ) ss. : COUNTY OF ) On the day of 198 , before me personally came Georgene M. Vairo, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. Notary Public 7 . � as 'SCf6001 Of Law 140 hest 62nd Street F O R D H A M U N I V E R S I T Y Lirzroln Cenlei New SE,k MY. 10023-7477 Faculty L J! Z $ W my 27 , 1988 Mr. Bennett Orlowski, Jr. ��� " Chair, Southold Town Planning Boa d pEpN���(;gOpRD Town Hall Southold, New York 11971 Re: Kings Bay Estates Subdivision h. Dear Mr. Orlowsky: t C I am sure that you are aware that we are having a problem completing the process of obtaining final subdivision approval. Because I am not entitled to appear at your work session, Melissa Spiro of the Planning Board office suggested that I write to you and the other members of the Planning Board about the problem. I am one of the Kings Bay Partners, as well as the partnership's attorney. I was not involved in the earlier proceedings before the Board in 1986 and 1987 . As you know, that was handled by Elizabeth Thompson, another partner, who is the architect for the project. 1. The Origin of The Kings Bay Estates Project Before detailing the chronology of relevant events and stating my suggestions for how to resolve that problem, I would like to make a brief statement: We, the Kings Bay Partnership, are not developers. I am a law professor, Elizabeth Thompson is an architect, Matthew McCaslin is an artist (trying to make money as a contractor and carpenter) , Marianne Fahs is a health economist, and Carol Quackenbos is a lawyer. Of course we are trying to "develop" the 24 acre lot in Orient that is the subject of this letter. But it is relevant and important for you to understand what motivated our project. Four of us own homes in the Town of Southold. We love the area. We have not been in the area for nearly as long as some people, but our desire to preserve and conserve the area is second to none. Two of the partners, Marianne Fahs and Elizabeth Thompson, own a lot adjacent to the 24 acre lot. They, as well as others in Orient and throughout the Town of Southold, were concerned about the widespread and sometimes dense development of formerly farm properties. They learned that the 24 acre parcel was owned by some people from New York City, and that they were anxious to sell . Thus, it was clear that the lot was not likely to remain a cucumber field much longer. (The land had been leased to Sep's; a variety of vegetables had been grown on the property for years. ) Marianne and Elizabeth discussed with me what could be done to prevent the property from getting chopped up. We decided that if we could arrange to buy the property, and obtain minor subdivision approval -and build four beautiful homes, that would be -preferable to a real developer buying the land and trying to sell two acre lots. We decided that if we could get bank financing, together rffitth our savings, we could afford to buy the land, and try to "develop" it in the most environmentally sound way. I am reciting all this because you should understand that we took on a tremendous amount of risk in order to try to do the right thing. None of us is rich. None of us are likely to even try to do something like this again. We would not have undertaken this if we thought we were going to lose our shirts, but our plan is clearly not to maximize the return on our investment. Rather we hoped to develop the property properly, and make a modest profit. Our key aim was to insure that the property be developed in a way in which the essential character of the land would be preserved, and as much land kept open as possible. Accordingly, when we approached the Planning Board after we purchased the property in October 1986, Elizabeth Thompson's site plan, and my proposed covenants were aimed at keeping the building areas closest to the Peter Blank development in order to preserve the open space character of the 24 acre lot. We used as our model the restrictive covenants filed and used by Peter Blank to obtain approval of his major subdivision in Orient; his subdivision is adjacent to our property. Thus, our four houses would be at a point that was closest to already developed property (which, as you know, is relatively dense; the Peter Blank lots are roughly 1 1/2 acres compared to our proposed 5 acre lots) . Our aim was to keep the rest of the property as it always was. our advertising for the lots and any promotional materials prepared, and all our conversations with real estate agents and prospective purchasers have focused on the philosophy of our project: to build four fine homes on large lots so that the owners and citizens of the Town of Southold could continue to enjoy an open view out over the fields and onto the bays. Thus, I hope you can appreciate that our aim is your aim. We share and support all efforts to preserve open space. We thought that the Town would be happy to see us come in and propose a minor subdivision of the type that ultimately was approved March 13 , 1987. (See Exhibit 1. ) We were happy to comply with any request that met the aim of insuring the open space character of the land. A building permit was issued for lot 1„ and we began construction last summer. 2 In March of 198B, we entered into a contract to sell lot 1. (See Exhibit 2. ) Because we had not yet completed the house, we were able to customize it to the specifications of our purchasers. We have almost completed all the steps necessary for obtaining our certificate of occupancy so that we could close on the contract. (We should have the C of O next week) . We are anxious to close because the Roosevelt's commitment for a loan from Southold. Savings Bank expires September 3, 198Q . (See Exhibit 3.) 2. The Subdivision Approval I began preparing for the closing several weeks ago. I asked Elizabeth to give me copies of the documents indicating that the subdivision had been approved. Of course, the key document is Exhibit 1 which provides in pertinent part: WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Elizabeth Thompson for "Kings Bay Partners" for approval of said subdivision plat prepared by Roderick Van Tuyl dated January 5, 1987 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions: 1. Compliance with the requirements of the Inspector with regard to the improvements for the access road within the right-df-way. 2 . Acceptance by the Town Board of the agricultural easement on the southerly portion of the property (that land south of the southerly limit of the building envelopes) . I understand that this communication does not in itself constitute "final approval . " Yet, I think that the remainder of Exhibit 1 makes clear that Kings Bay Partnership was completely justified in believing that it had completed all but one step necessary for obtaining approval, and that there was only technical paper work to be completed by the Town to finalize the approval . The one step remaining was condition 1. Exhibit 1, page two. The exhibit provides: "With regard to the right-of-way inspection, our Inspector has requested that the right-of-way be staked out by Mr. Van Tuyl. If you would notify our office when this has been completed, we will advise our Inspector. We complied with this condition as requested. In fact, we were not able to obtain our building permit for lot 1 until we complied with the Inspector's recommendations. 3 With respect to the agricultural easement, Exhibit 1 makes clear that the Town, not the partnership, was to act: "Enclosed is a copy of the agricultural easement, the Town Attorney has advised that this is acceptable; however, it is the Town Board which approves the easement. We will advise you as to the next step with regard to this. " We were never advised that there was a problem, or that there was a need for us to do anything. Rather, Ms. Spiro indicated to me that at the meeting on this matter on Monday, it was said that our approval "expired" and that the time for an extension has also "hex ired." If this information is accurate, it is-exceptionally disheartening, as well as unfair, and:, I submit,, incorre&t. Exhibit 1 makes clear what we had to do, and what the Town had to. do. We were to fix the right-of-way, which vp chid,,' and we wpare to be notified if we needed to do anything else, and we were never notified. 3 . Informal Attempts to Resolve the Problem Let me now detail for you what I have done to try to remedy the situation. About a month ago, I received the revised tax assessment on the 24 acre lot. Thinking, as everyone else seemed to be that the subdivision had been approved, I was surprised that the property was assessed as one lot, rather than as four or five lots (the four building lots, plus the park area) . The people in the Tax assessors office told me that they thought the subdivision had been approved, and have in fact prepared assessments on the property as shown on the approved plat, but that n'o new tax map had been filed. They checked with the planning board office, which also had originally thought that the subdivision had been approved. When the planning board employees checked the files, they learned that final approval had not been formalized. The Tax office suggested I go to the Planning Board office. I met with Melissa Spiro that day, July 1, 1988 , and/or again on July 8, and July 18 . She told me that she had picked up the problem shortly before, and that she was working or going to be working with the Town Attorney to determine what had to be done, and by whom. I told her that we certainly did not have a problem with the easement, that it was completely consistent with what we were trying to do, but I requested that something be done as expeditiously as possible because we did not want to lose our contract on lot 1. Ms. Spiro discussed the situation, I believe with either one or more members of the Planning Board at one of its work sessions, or the Town Attorney. On July 18 , she told me I had to revise our restrictive covenants to incorporate the agricultural easement principle. Because I wanted to make sure 4 that I was using the correct language, I obtained a copy of the Town of Southampton easements that the Town of Southold was using as a model. Ms . Spiro indicated which parts of the easement the Planning Board was most interested in. I tried to incorporate my sense of what the Planning Board wanted and resubmitted the covenants. On Friday, July 22 , I called Ms. Spiro. She told me that there were still some problems. I immediately went to Town Hall. Ms. Spiro suggested that I speak with the Assistant Town Attorney, Robert H. Berntsson, Esq, My meeting with Mr. Berntsson proved to be frustrating for both him and me. He indicated that it was his responsibility to pass on the adequacy of the covenants as a whole. It was my impression that there was no need to do that because the only question was the adequacy of the language I inserted with respect to the agricultural covenant. (See paragraph 9, p. 9, Exhibit 4. ) I told him that I had no objection to some of his other suggestions, but that many of his suggestions seemed to fly in the face of my understanding about the concept that had already been approved by the Planning Board and Town as evidenced by Exhibit 1. He told me that he was only interested in implementing the Board's intent. I told him that I fully appreciated that, but that I thought that our project, including our covenants, did exactly that, and that was why the project had been approved. He also told me that he had not completely reviowed the covenants to determine whether they did meet with the Board's intent. However, we both realized that there was a more fundamental problem, which is, I think, the real issue before you now. The concept of our project, which had been approved, was to create four equal, proportionate five acre buildable lots, with the remaining tail of the property to be kept as a park. (See Exhibit 5. ) We followed as our model in suggesting this type of subdivision, the model used in the adjacent Peter Blank subdivision. We thought this approach would be the soundest for a number of reasons: 1. There would be more common open space; 2 . There was no way to create a proportionately shaped lot if the 3 . 4 acre tail was incorporated into one of the buildable lots, no matter what ultimate lot sizes were decided on for a four lot subdivision (a motivating factor for drawing the map the way we did was to comply with town policy against having disproportinately shaped or sized lots) ; 3 . Keeping the 3. 4 acres as a park left us with the option of dedicating the land to the Town, if it wanted it, or to some other historical or environmental organization, such as the Orient Historical Society or the Peconic Land Trust. (See Exhibit 5 4 4, paragraph 7 (j ) (2) and (3) . ) From my discussions with Mr Berntsson and Ms. Spiro, it now seems that, this Park area is the obstacle to obtaining final approval. I have a few points to make about this: 1. Exhibit 1 clearly approved our project as conceived and modified (in no significant way) during the approval process in 1986 and early 1987. If the Town did not want us to have a park area, we would have been happy to drop the idea, even though it would have resulted in awkwardly shaped lots. 2 . Exhibit 1 makes clear that the only conditions to completing the approval process were the two discussed above. The only communication .we could have expected was a letter stating which agricultural easements the Town wanted us to file as a condition to getting final approval. Accordingly, I think it is exceedingly unfair to require us to comply with new requirements, especially because they are inconsistent with the originally planned and approved subdivision. Moreover, in light of the fact that we discovered that there was a technical matter outstanding, i.e. , the agricultural easement, any further delay on the Town's part will be exceedingly prejudicial to our financial interests. 4. Proposals I have the following suggestions, and some responses to the proposals that I have been told have been made by members of the Planning Office: 1. Grant final approval based on the plat, that has already been approved, and our covenants, subject to modifications to insure compliance with your concerns about enforcement of the agricultural covenant and the payment of taxes on the park area: We have absolutely no objection to extending the agricultural easement to the park area. I did not think it was necessary because the lot was not a buildable lot, but if you want me to make that express, I would be happy to add that. Moreover, in response to a concern raised by the Mr. Berntsson, even though I do not think I am required to make any further changes in the covenants pursuant to Exhibit 1, I would be happy to modify the language in paragraph 14 of Exhibit 5 to add greater protection in terms of the enforcement and duration of the covenants. Accordingly, I propose deleting the language of paragraph 14, and relevant language in paragraph 5 on page 1, and substituting the following: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the owners of the other lots, and with the approval of a majority plus 1 of the Town Board or Planning Board of the Town of Southold after a public hearing. 6 4 ( With respect to the Park taxes issue, I am sure it does not ease your mind for us to say that we will make sure they get paid in perpetuity, but I am willing to add covenants to that effect_ Perhaps a more effective way to handle the question is to provide that non-payment of the taxes on the park area gives the Town a lien on the four buildable lots. Paragraph 7 (g) provides the basis for developing this idea. I propose that language be ad'dedoto. allow the Tgi7n to enforce paragraph 7 (g) . Alternatively, to the same end, I propose adding the following to paragraph 7 on page 9: (1) In the event that the Property Owners' Association fails to pay the taxes due and owing on the park, a judgment for any tax deficiency on the park shall be a lien against the lots of the property owners. 2 . Adding the Park area to lot 1: This proposal is unrealistic. The lot we have contracted to sell is lot 1, the only lot abutting the Park. I cannot go to the purchasers and ask them to pay more for something they already thought they had; i. e. , an open, unbuildable 3.4 acre lot adjacent to their lot. 3 . Other suggestions for the Park: We would agree to convey the lot to Southold (However, I have been told that is actually the problem; Southold does not want to get stuck with the Park for non-payment of taxes) . Because Southold does not seem to want the lot, we would agree to transfer it, for consideration of a dollar, as a condition to minor subdivision approval of the other four buildable lots as drawn, to an environmental organization or open land group. You may have at least two problems with this proposal, first you might ask, if Kings Bay Partnership is willing to give it away to one of these groups, why won't they add it to the Roosevelt lot? The .answer is twofold. 1) we did not want a single lot owner to be able to exclude people from the park area, and 2) we would obtain a tax benefit for donating the land. That is why we left open the possibility of transfering control to such organizations, in paragraph 7 (j ) of our proposed restrictive covenants that were part of our application that was approved in the March 13 , 1987, letter (Exhibit 1) . Moreover, transfering control is consistent with the two goals of keeping the land open and preventing the Town, of Southold from having to maintain it. I have already been in contact with Freddie Wachsberger, the President of the Orient Association, to pursue this. She is in complete agreement with and fully supports our concept. You may also object to this proposal because the park woulditechnically become a fifth lot, thereby destroying the minor subdivision. My response to that concern is a practical one. Because you are the entity charged with determining land use 7 m questions such as this, it seems that you could approve the four lot minor subdivision conditioned on our agreement that we will transfer the park to- an appropriate group. I do not see that as setting a bad precedent. Allowing someone to agree to give away property to a charitable organization as a condition to obtaining minor subdivision approval is certainly good public policy. A variation of this suggestion is to transfer the park to the adjacent lot belonging to my partners, and covenanting the lot to make clear .that it cannot be built. My partners are not really happy about having to pay the Partnership for the land, but, will do so if that is the only way to obtain approval. I also know that you have heard this line of argument from many others . But, I think it is important to remember that the annual taxes on that lot will amount to $289 based on the new assessment. The Tax Assessors office has already itemized the assessment on a lot by lot basis. Lot 1 is assessed at $3 , 600 for the land, $4, 300 for the house (Based on it being 40% complete at the time) , Foots 2, 3, and 4 are assessed at $3 ,400 each and the park is assessed at $1,000. In other words, we are not talking huge amounts of money. The partnership, i.e. , the individual members of the partnership, remain liable for it and we certainly do not want any tax deficiency or judgment to show up the next time any one of us wants to borrow money from a bank. 4 . Formation of a Homeowners' Association: I have no objection to doing this if it can be done quickly and contemporaneously so that our closing is not held up. Ms. Spiro has been trying to get the Town Planner in touch with me to let me know what is involved. I have been told it takes a long time. I don't know why. In any event, I would like to point out that our covenants provided for setting up a homeowners group. (See paragraph 7 (i) , p. 7, of Exhibit 4 . ) As I said before, we are not rich developers. We are not in this to make millions. None of us has ever done anything like this before. Rather we were trying to do the right thing. Thus, I cannot understand why we are being subjected to the closest scrutiny again, when it is clear that we met the Town's standards, and, indeed exceed them in important respects. Nevertheless, it is my fervent belief that if I am permitted to sit down with you or one of you, we can resolve this matter quickly in a mutually satisfactory way, without deviating substantially from the approved plan. I appreciate that the Planning Board may have concerns this year that are different from the concerns that occupied the Board's time and attention in past years. But it seems to me that the only reasonable way to proceed in this matter is to think in terms of the philosophy underlying the approval process in 1986 and 1987 while our 8 application was pending and approved. I would be happy to meet with you at immediately to resolve this matter. I'm sure you will agree that this matter consumed enough of your time in 1986 and 1987, and that we .all hope that the 1988 episode can come to a quick, mutually satisfactory close. I thank you for reading this, and I apologize for its length. I have tried to convey to you what I would have said in a meeting and have tried to anticipate your concerns and respond to them. I think it would have been easier if I could have met with you, but I understand that you. are busy and had other matters on the agenda for your 1Rtu-�sday meeting. I look forward to your response by the end of the week, or early next, enc, hope that we can reach an agreement along the lines suggested in proposal number 1. Respectfully submitted, Georgene M. Vairo, Esq. Enclosures 9 J PS�fF�(,{�C < D T LD S Southold, N.Y. 11971 (516) 765-1938 March 13 1987 Ms. Elizabeth Thompson 316 Mott Street, 3B New York, NY 1O012 RE: Minor subdivision for "Kings Bay Partners" Dear Ms . Thompson: The following action was taken by the Southold Town Planning Board, Monday, February 23 , 1987 . RESOLVED that whereas a formal. application for the approval of a subdivision plat entitled "Kings Bay Partners" located at Orient was submitted to the Planning Board on September 10 , 1986. and filing fee was paid on September 10 , 1986 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on February 9 , 1987 at 7:45. p.m. , and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat And application; NOW, therefore, be it RESOLVED that the application of. .Elizabeth Thompson for ".Kings Bay Partners" for approval of said subdivision plat prepared by Roderick Van Tuyl dated January 5 , 1987 be approved and the Chairman be authorized to endorse approval on said subdivision .plat, subject .to the following conditions: 1 - Compliance with the requirements of the Inspector With regard to the improvements for the access road within the right-of-way. 2. Acceptance by the Town Board of the agricultural easement on the southerly portion of the -property ( that land south of the southerly limit of the building envelopes) . Ms. Thompson Page 2 3/13/87 ---------------------------------------------------------- With regard to the right-of-way inspection, our Inspector has requested that -the right-of-way be staked out by Mr'.' Van Tuyl. If you would notify our office when this has been completed, we will advise our ,I1xspector_ Enclosed is a copy of the agricultural easement, the Town Attorney has. advised that this is acceptable; however, it is tiie. Town Board Vhich approves .the easement. We will advise. you as to the next :step with regard to this. 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 enc. NO I` .._.-- _..__ —.... ,.e wvrarro VMT. li NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of section 5-131 I of the General Obligotioru LAw will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. it THIS AGREEMENT, made the CJ BETWEEN day of f/1 GvLL�� nineteen hundred and Eighty eight., �I KINGS BAY PARTNERSHIP, residing at 3.16 Mott Street, New York, New York 10012 hereinafter described as the seller, and J. WILLARD and CAROL ROOSEVELT, residing at F,C. Box 90, (No ft) , Main Road, Orient, New York 11957 hereinafter described as the purchaser, �I WTTNESSETH, that the .seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold , County of Suffolk, State of New York BEGINNING at a point on the southerly line of a right of way 50 feet in width, at: the northeasterly corner of land of R,J. Douglass, said point being N. 750 17 ' E. - 381. 48 feet from the easterly line of King Street; running thence along said right of way northeasterly on a curve to the left having a radius of 36. 56 feet a distance of 36. 60 feet; thence continuing along and across said right of way, N. 170 55 ' 40" E, - 224.48 feet to the southerly line of lot no. 13 shown on map of "Bayview Farm" filed In Suffolk County Clerk's Office as map No, 7045; thence along said lot No. 13, N. 650 43' E. - 50.38 feet to other land of Kings Bay Partners (lot 2) ; thence along said land, S. 320 01 ' 50" E. - 790.32 feet to land now or formerly of Traube; thence along said land to a point on the easterly line of land of Schnoor which is S. 496-- 59 ' 30" W. - 323. 20 .feet front the last described point; thence along said land and along land of Mayer, 11. 320 01 ' 50" W. - 345. 68 feet; thence continuing along said I and of Mayer to a 0 '- y point which is N. 2 wl W. - 106. 10 feet from the last described 1! point; thence continuing along said land of Mayer, along land of Martinsen, and along said land of Douglass, 11, 290 18' 50" W. 252. 70 feet to the point of beginning. Containing 5. 00 acres YAP Subject to a right of way 50 feet in width over the northerly part of the premises. Together with a right of cagy 50 feet in width from [hz northwesterly corner of the LOGO premises southerly and westerly about 600 feet to King Street 3 1 Dar " f S 1 i , 11 cTD Premises are shown on a skecch which is annaxed hereto and made a part hereof and designated at Exhibit i d 1, This sale includes all right, title and interest, if any, of the .seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of s II any such award. s, If the closing of the title shall occur brcVre The tax rate rs hxed, the apportionment or tad_Fs snail oc upon me rate for the next preceding year applie�,.k the latest assessed valuation. 1 a r r ,c 6, - . _.,.- ., h. ....m ,. 1 ll f h c. _.�-.r:.._-,.--_-s.-thucl_I,W H Y` .ime herein set for closing title, and the unfixed me ny, aSe l ereon For the intervening sawadiag. 13. The deed shall be the usual bargain and sale with covenant deed in proper stalulory short form for record and shall be duly executed and acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encum6rances, except as herein slated, and shall contain the covenant required by j subdivision 5 of $eelion 13 of the Lien Law. ed-hereunde!� -II its-Board of Directors authorizing the sale and delivery of the deed, and a cerPifrcat or ssslanl Secretary of the corporation certifying such resolutiom. and settin - - g ap t e conveyance is in conformity with the requirements mess orporalion Law. The deed m such case shall contain a recital sufficient to Qia�ai ec3ion, I 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording officer of l the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance �i with Article 31 of the Tax Law, and acertified-check to the order of the appropriate officer for any other lax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate officer �i promptly after the closing of title. oTi imwr r5 if Fr r.oprn, istrator for the amount of the Real Property Transfer Tax isgposed-by-Trk, e' -o offer;. the o e of II the City of New York-and.will deliver'to-the'"aFch - - e sal'`statute and the regulations issued Y Y H v.,. vos puns 1-to sr ire a sworn to by the seller; the purchaser agrees to sign and swear l0 the —F=ifre 7itic. 16. The seller shall give and the purchaser shall accept a title such as "any reputable title company." will be willing to approve and insure in accordance with the standard form of title policy approved by the New York SLace Insurance Department,subject only to the matters provided for in this contract. 17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made-liens on said premises, but such liens shall not continue r after default by the purchaser under this contract. may 18. All fixtures and articles of personal properly attached or appurtenant to or used in conneclion i`ih said premises are repre- sented to be owned by the seller, free from all liens and encumbrances except as herein staled, a d are included in this sale; �I without limiting the generality of Lhe foregoing, such fixtures and articles of personal properly include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary, as more specifically set ( forth in paragraph three (3) of the RIDER Annexed to and made a part of this contract. 19. The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and 84- charge,with the interest and penalties thereon to a date not less than two business days after the dale of closing title, may at the II option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing, 20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge, IIthe seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and en- cumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made 'I arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company ' sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance it of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the dale of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. 21. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the Seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- , IIruptcies or other returns are not against the seller. 3e-kukts;euaaithatthesell�isxsaabletover+�ayizitl�iwa:cssdaauswick,tharcansofthitcaatra:t,-chasola4iabilitysLth¢belle� witrl3eta-net{tadaot4rxpur{ka�r�sfuaiaauwpa+d-onac.:ctuu�ithe.punt!tase�riceand.u.pa}t-thca.t:raatoiexautiaingtas-titfeT WIM�,�I-G66L3sABL-rB+2Y.6en2�ihfi-GhnFgC6appiBved�,yshebfev.�YorkScsta ItiserrmcrBep¢rttnerrt stud-tkte-rxt-eoseef�riyannrep 7na�eirtcorrazction-therewitk-irx�r�'byfk�gurrkaser;at�dupcasuch-rind-sad{ayrtnent-bzirigrtaudefkis eonEraet-shakl�e �rwideeed-oaa��kd. 23. The deed shall be delivered upon the receipt of said payment, at the cllice of Georgette M. Vairo, Esq. , 140 [lest 62nd Street, New York, New York 10023, or at a lending institution's office, on or about May L5, 1988, or xatxxxxxxrxxxxxtkkxkxxxxxxxxxxxxxxxxxxxAR ten days after the certificate of occupancy is delivered to .purchasers, whichever 2 Sdu�axtecxascAsfyalcxxxxxxx t txxxxxxxxxxxxxxxxxxxxxxxx x xxxxxxxxxxxxxxxxxxxx tit Ftx�kgcxabrt kmcxgdxarMscysclExftttxafbexx�xasmazpa�Yan�t�rmsraxnxxxnoanlsherrkxx is later. 25. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investi- gation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. Px Ixrtshaxsx�aaxam�€4:Xk3taf¢Lt�dRef�yHersP �cwis>�catedwxihexeeatzh�x�x*�tnl�lx7t1?zkh�rxavxt�icmxxadct�tacaxac txkxxirkadlxusi%�nipxxf�cgus>'nxx ml iaje�cwxxzaoxa�dxxarc�x�mx�axd:xtetc¢ad 'tar�.aiz�etwactxr. rl3ecziauxkwaofimor�.¢hxxlom�:xiicsiSlx 26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "Sellers" or "purchasers" whenever the sense of this agreement so requires. IN WTINESS WHEREOF, this agreement has bcen duly executed by the parties hereto. In presence of: h KINGS BAY PARTNERSHIP, Seller f ' by. LARD ROOSEVELT, Purchaser CAROL R00 ,VEL , P c7a Uet;T gene X. Vairo, C Tf3 1 TOWNSEND RABINOWITZ PANTALEONI 8 VALENTE, P.c. 535 FIFTH AVENUE NEWYORK, N.Y 10017 (212)687-4385 :h iCAAEL PkTFFALEONI CABLE:TOWRAPAN - MAYNARD RARE OWIIZ R.EDWARD TOWKS ND, JR. FRANCIS L VALENTE.JR. TELECOPTEA(212) 557-7899 ➢ANIELLE RUMNYTEIN' MARTR3 M.5HENKMAN•- • MEMBER OF NEW YORK, ISRAEL a VICTORIA,AUSTRALIA BARS '�ER OF NEW YORK AND NE':V JER5EY BAILS April 26, 1988 Georgene M. Vairo, Esq. 900 West End Avenue Apartment 2A New York, NY 10025 Re: J. Willard l�bosevelt and Carol R. Roosevelt Dear Georgene : I am enclosing for your information the "revised" commitment letter . Please note that the loan must be closed by September 3, 1988 . I trust that this can be done. Sincerely yours, C R. and Townsend, Jr . RET/ib Enclosure souuttho SAVINGS BAN K , MAIN OFFICE •54375 Main Road, Southold, New York 11971 •(516) 765-2800 1 YEAR ADJUSTABLE RATE MORTGAGE 04/20/38 6:ILLARD ROOSEVELT AIM CAROL R. ROOSEVELT BOX 90,. I;AIt1 ROAD ORIE:1T IIY 00957 LOCATION: KING STREET ORIEi.7 NY 11957 SCTM=: 1000 We are pleased to advise you that our Committee has approved your application for a first mortgage loan, based on the information contained therein and any plans, specifications, and/or proposals sub- mitted, subject to the following terms and conditions: BUILDING LOAN: r Amount: S Interest @ Prime + Term: Interest will be payable monthly on the amount advanced from the time of the advance. PERMANENT LOAN: Adjustable Rate Mortgage Amount: S 300.000.00 Current interest rate: 7.250 :6 Term: 360 MDNrfHS Monthly installments of S 2- 046.52 for interest and principal amortization payment will be due on the first of each month- A reserve fund for the payment of taxes will be established and paid by you at the closing with one-twelfth of the estimated tax levy to be paid with the monthly payment stated above. The interest rate and monthly payment on your loan will be adjusted periodically in accord- ance with the attached Adjustable Rate Mortgage Disclosure which is made a part of this commit- ment, plus one-twelfth of the estimated annual tax levy. The interest for subsequent years will be based upon the attached explanation for the Adjustable Rate Mortgage Plan being offered- We re- serve the right to recommit not more than ten days prior to closing, at the rate then prevailing for resi- dential adjustable rate mortgages- 1. The Mortgage, Bond or Note must be signed by the borrower(s) named above- An original policy for fire and extended coverage insurance of no less than S 251,000.00 must be presented to the Bank's Attorney prior to closing, and must show "SOUTHO LD SAV- INGS BANK, ITS SUCCESSORS AND/OR ASSIGNS", as first mortgagee (which policy will be retained in the Bank's file if over the dollar amount of S200,000.00). You must provide a paid bill for the first year's premium. While it is not our current policy to escrow for insurance premiums, we reserve the right to do so- NOTE: BINDERS ARE NOT ACCEPTABLE. 3. A Mortgage Title Report and insurance in the amount of S 300,000.00 must. be obtained. All title companies, title questions and legal matters are subject to the approval of,the Bank's Attorney, with legal fees, disbursements and all closing costs to be paid by the borrower at the closing. 4. A i Certificate of Occupancy covering all the structures and improvements as they presently exist on the premises must be provided to our attorney prior to closing date being set. 5. A ',Survey of the property must also be provided prior to the closing. If there is a survey in existence, dated within the last 15 years, which is guaranteed to a lending institution or title company, and there have been no changes since that date, the survey will be acceptable, sub ject to a title company inspection and the fina! approval of the Bank's Attorney. i 6. A Copy of the Contract of Sale must be submitted if you are purchasing or acquiring title. f a. (::I) In connection with this loan, there will be a nr,rn % commitment fee S ,�F"';S,"7. �"'n of which has begn rec�_ S. The balance in the amount of a S -''- will be due on acceptance of this commitment. r b. ( } Constructions funds are to be advanced in accordance with the schedule set forth in Exhibit A, which is made a part of this commitment and should also be signed by the borrower. C. (; ) Permanent Mortgage: It is your responsibility to have this loan closed by 9/3/88 from the date of this commitment, otherwise we will consider this commit- ment to be null and void- d. ( ) The building loan is subject to acceptance of the permanent loan commitment issued simultaneously herewith and approval of the c edit conditions contained therein. e. ( ) Flood insurance policy and renewals will be required in the amount of S and will be retained in the Bank's files. Please read the attached Federal Flood Insurance Notice- f. Vx) Life insurance is not required. However, Savings Bank Life Insurance Group Mortgage Protection Plan is avaiiable and you should consider phoning Mr. Mark Gagen at 765-2800 (ext- 224), to obtain additional information. g. �Z: ) THE EXECUTIO`7 OF A FITMA AFFIDAVIT AND AGP.=1E2iT (MOD 109) VERIT TiG THE FINANCIAL TERMS OF THIS TRANdSACTION RELATIVE- TO THE 1IORTGAGE LOAIJ AIdD A PEPPZSZHTATIOP: AS TO OCCUPATION OF PREeIISES AS PRINCIPAL 3ESIDE?IC- h. (.XX) STATEHENT OF UNIDERTAKING CONCERNING CORRECTION; OR RE-EYECUTIOIJ OF Ai:f 1NCORRBCT DO=,m,2*JTAT_IOI'J [BILL BE EXECUTED AT CLOSING. i. (XX) DURII?G TF-' LIFE OF THE NOR GAGE, YOUR PAYIIENJT HISTORY WILL BE REPOR�'D TO VARIOUS CREDIT AGENCIES. Upon receipt of your signed acceptance of this commitment the file will be forwarded to the bank attorney listed below whose fee will be S 300.00 All arrangements for closing should be made with that office. Kindly allow 3 days from our receipt of your signed acceptance before contacting the attorney's office for the closing requirements. BANK ATTORNEY: ADDRESS: BRUER Arm LARK, ESQS. :1AIN ROAD SOUTHOLD, NY 11971 TELEPHONE r: 516-705-4343 If the above terms are satisfactory, please sign and return the enclosed copy of this letter and the attached disclosures within ten days, together with the commitment fee of S other- wise we shall consider this commitment to be null and void. _ Very truly yours, I BERTHA T. STAP.S Enrs.BTS:ec j ^ Z% VICE PRESIDEiaT I Accepted-by: v L. t, P"%C:` LARD ROOSEVELT Dated: CAROL R. ROOSDVELT `y �- / 1 J SEE ATTACHED ADDENDUM YOU C=l THIS =,211T'.I�i:. , :=;'D -'OII DO ".OT �:,�? CCx?f"I^'.�:: DA ED April 20, 1988 ETWFEN Willard and Carol R. Roosevelt and SOUTHOLD SAVINGS BANY, J. (?DC) All construction work on the subject premises is t?j be completed to the satisfaction of the Bank, an inspection by our appraiser and the issuance of, a Certificate of Occupancy. k. (.%X) A new di closure will be issued prior to closing based on the Bank's prevailinc adjustable rate of interest at that time. 1. (K,0 This ccmaitment is given with the understanding that you will assume the present building loan mortgage BL r3500105 now in the name of Kingsbay Partnersbip in the amount of $200,000.00_ We further agree to increase this amount by 5100,000,00 for a total loan of $300,000.00 with terms and conditions as stated herein. F DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT KINGS BAY ESTATES t- j. This declaration made this day of 198 , _ by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, New York 10012 . t. W I T N E S S E T H :r WHEREAS, KINGS BAY PARTNERSHIP is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, KINGS BAY ESTATES, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of Suffol1K County. as Map Number on the day of , 198 , and t } WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers; and WHEREAS, KINGS .BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors I n interest, �'-a2RRiri NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until 2038 after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i.e. , Paragraph 7(f) , shall continue in perpetuity. 1. Construction Requirements. (a) Type of Building No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars. 1 (b) Accessory Buildings 3 No carport or other accessory building of any kind may be erected except: (1) a detached garage, (2) an accessory building used in conjunction with a I swimming pool, (3} a tool shed for the storage of law maintenance equipment and other maintenance equipment used in connection with such individual lot. ` (c) Swimming Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty (40) feet. (e) Approval of Construction Plans All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent 2 with, and will not detract from the I aesthetic character of the KINGS BAY ESTATES community. All exterior - construction, painting and grading shall be completed within one (1) year after s commencement of construction. (f) Building Modifications All permitted accessory buildings and additions or other modifications thereto, and any modifications of the initial residential building, including any breezeway or other structure connecting an addition to the main j dwelling, shall confozm in architecture, material and color to such dwelling. Any attached aadk&ion, to t3i, initial residential dwAl pg shall not project more than five s) felt, h yLo9& the front wail of the dwelli3ig. or structure as originally approves. r 2 . Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3 . Signs No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of KINGS BAY PARTNERSHIP, its successors or assigns. 4 . Trailers . Tents and Motor Homes No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. No motor home or camper shall be used on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof. 3 i 5 . Annoying Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything unusual or unreasonable be done thereon. which may be or may become an annoyance or nuisance to the neighborhood. 6. Trash i Garbage or rubbish shall not be dumped or allowed to remain on .any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall noiE be burned j upon the premises.' 7. Driveway and Park Facilities i (a) Construction of Driveway x 'tIRGS BAY PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements (the "KINGS BAY ESTATES driveway") . No title to land in the part of the driveway leading up to and abutting Lot 1, as indicated on the subdivision map, is ' intended to be conveyed to purchasers of any lots, and the .subdivider reserves to itself an. easement over all land lying in the path of any and all parts of such driveway. (b) Park Area Subdivider intends to set aside, as indicated on the subdivision map, a park area for the use of the owners of lots and their. guests and invitees. (c) KINGS BAY ESTATES Driveway Easement - Use of Park All owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others, at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. So long as the subdivider maintains 4 i dominion and control of the park, all owners of lots are hereby granted the right to use (pursuant to reasonable regulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider) in common with others at their own risk, the park area. (d) Upkeep of Driveway After installation provided for in (a) , each lot owner shall be responsible for one-fourth (1/4) of the real estate taxes and maintenance attributable to the KINGS BAY ESTATES driveway. All decisions as to snow plowing, upkeep and maintenance of the driveway, including decisions as to the extent and cost of any repairs thereof, shall be in the exclusive discretion of subdivider or Prits successor in interest,. an association of property owners as hereinafter provided. (e) Upkeep of Park Area Each lot shall be responsible for one- fourth (1/4) of the real estate taxes attributable to the park area. All decisions as to the upkeep and maintenance of the park area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or its successors in interest, an association of property owners as hereafter provided. (f) Surface Water Drainage System In order to insure that the water drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are hereby imposed upon the water drainage area (herein referred to as the drainage area) . (1) The owner of each lot abutting the drainage area shall maintain drainage 5 j area thereon free from leaves, debris and other matter which may impede the flow and/or percolation of surface water #. over or into such drainage area_ h (2) No trees, shrubs, planting or other Y vegetation, except grass, shall be planted or maintained in the drainage area without the written consent of the subdivider or its successors or assigns, and the Planning Board of the Town of Southold. (3) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. �4) No fences or other structures shall Se placed or maintained in the drainage area. (5) The subdivider or its successors and assigns, the association of property owners, shall have the right to enter upon the drainage area and to construct, repair and remove such pipes, culverts, catch basins, sumps, and other facilities and to perform such excavation, filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes. (g) Payment of Contributions by Lot Owners While the subdivider holds title to the driveway and park area, it will pay the taxes and expenses mentioned in Paragraphs (d) , (e) and (f) above, and will submit bills to the individual lot owners for their respective contributions_ Such bills will be paid in full to the subdivider by the then present lot owner within thirty (30) days after said bills have been mailed to such present lot owner. In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. 6 (h) Maximum Contribution of Lot Owners In no event, while the subdivider holds title to the road and.park area, shall any lot owner be required to pay a sum in excess of One Hundred Fifty ($150. 00) dollars per annum toward real estate taxes for the driveway and park area, or for snow plowing, upkeep, repair and maintenance of said facilities. (i) Property Owners' Association (1) At any time after one-half (1/2) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title to the driveway and park area to the property owners'association-(2) If a conveyance is made to a e [property owners' association pursuant to (1) , then: (A) All costs and expenses associated with the driveway and park area shall thereafter be borne entirely by the property owners' association. (B) The owners of all lots purchased from the subdivider shall be members of the property owners' association. (C) Each member of the property owners' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners' association. (D) Each member agrees to comply with the regulations for the use of the park and driveway facilities enacted by the property owners' association. A majority vote shall be required for the enactment of each such regulation. (E) Upon a majority vote by the members of the property owners' 7 association, the title to the park area shall be dedicated to the Town of Southold, or other appropriate political subdivision or charitable organization- (F) Upon a majority vote by the members of the property owners' association, title to the driveway shall be dedicated to the Town of Southold, or other appropriate political subdivision or charitable organization. (3) For the purposes of (1) , (2) (D) and (2) (E) , each lot owned shall have one vote. (j) Conveyance or Dedication of Driveway (1) The subdivider presently intends to convey title to the driveway and park s area to a property owners' association `F consisting of the lot owners. However, when and if such conveyance shall be made, it shall pass in the sole discretion of the subdivider. (2) In lieu of conveying the driveway or park to a property owners' association, the subdivider reserves the right, in its sole discretion, to dedicate the driveway or park to the Town of Southold, or other appropriate political subdivision or charitable organization, without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein. (3) If the subdivider or the property owners' association decides to dedicate the driveway or park and the Town of Southold, or other appropriate political subdivision or charitable organization requires any instruments to be signed by any of the persons referred to in (2) above, such person or persons shall execute such instruments upon written request. If such executed instruments are not received within ten (10) days after the written request was made, a lot owner, lien holder or person with any other interest therein, hereby e authorize the subdivider or the property owners, association to execute the required instruments as its special agent. (k) Utility Easement An easement along the driveway of said map or any other area necessary is hereby specifically reserved for the erection and maintenance of poles and wire and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, that saideaseinebts shall be over areas desig-pated'by mujA&ipal or public utilities authority. 8 . KINGS BAY ESTATE'S Footpath Right of Wav Al]F owners of lots, their guests and invitees, are hereby granted an eight foot wide right of way on the perimeter of the. KINGS BAY ESTATES subdivision for use and enjoyment as a footpath or bridal path (pursuant to reasonable regulations from tiime to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider) in common with others at their own risk. 9 . KINGS BAY ESTATES Agricultural and Open Space (a) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable and productive for farming, agricultural and recreational purposes,. and the existing openness, natural candit<ions and present state of use of such portions. of KINGS BAY ESTATES shown below the building line on the filed subdivision map would, if retained, maintain and enhance? the conservation of the natural, agricultural and scenic resources of the Town of Southold'. JI (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted to farming or agricultural operations and activities, 9 including all normal and customary operations, and the use of farm vehicles and equipment in connection therewith; open and fallow; landscaped, wooded areas, with lanes, walkways, footpaths, ponds, and recreational _areas, for compatible recreational purposes and uses. (c) The natural contours and the subsurface conditions of the Agricultural and open space shall remain generally undisturbed, and in their present open natural state. No temporary or permanent residential or nouresidential structures shall be placed or erected thereon. 10. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 11. Enforcemeat shall be by-proceedings at law or in equity broucjht by KINGS BAY PARTNERSHIP, its successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 12. Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 13 . All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners. 10 Subdivision Map of Henry Arbeeny Page Z 6. Conditions 1-4, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision_ These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. \Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 7. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration! 1. It is suggested tha before approval is granted to this subdivision that the subdivider required to submit_ this proposal to the Suffolk County Department of H lh Services for review to insure that the proposed subdivision wil meet the requirements and standards of that agency. 2. Considerable care must be tak in the manner of storage and disposal of not only commercial and in du trial wastes, but also the disposal of stormwater runoff from imperviou areas on the site which can carry ` deleterious substances into the aq "fer and have an adverse impact upon the aquifer. 3_ Adequate provision shall be made for p perly designed and properly located handicapped parking spaces. In ocating a handicapped parking space consideration is to be given to the ature of the occupancy of the building and the probability of a hands apped person utilizing a specific unit within the building. Very truly yours, Lee E. Koppelman Director of Planning by Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-88-10 CCL:mb Encl. : Map cc: J. A_ Kinsella, County Clerk A_ Barton Cass, Comm. , SCDPW 14. KINGS BAY PARTNERSHIP hereby reserves the right to alter, modify, terminate or annul any of these i covenants in ,whole or in part without the consent of' any person, with the exception of the restrictions. and covenants pertaining to the surface water drainage system, i.e. , Paragraph 7 (f) which shall continue to perpetuity. KINGS BAY PARTNERSHIP: General Partners: Marianne C. Fahs Matthew McCaglin Carol D. Qua'ckenbos Elizabeth Thompson Georgene M. Vairo by Georgene M. Vairo, General Partner as Attorney-in-fact for the above named Partners. STATE OF NEW YORK ) w" ss. COUNTY OF ) On the day of , 198 , before me personally came Georgene M. Vairo, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. Notary Public 11 TO: A,, A AU DAY+ FROM: 912,4 ADDRESS: DATE: f^��� SUBJECT: kiN54 »GGY ! a { /OoD `27- 3 - i I COMMENTS: Cd mly AZ ` f r O ndaz Sk iL i Ca u�.e.c.c /7 i / Signature Y� �� DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALTIES'. AT KINGS BAY ESTATES- This declaration made this day of , 198 ; by KINGS BAY PARTNERSHIP, residing at ' 31G Mott Street, New York, New York 10012 . W I .T N E. S S E T H WHEREAS, KINGS •BAY . P•ARTNERSHIP is the owner in fee "simple .of certain premises in the, Town of Southold, County of Suffolktand ' State of. New York, known and designated on a certain mapentitled, KINGS BAY ESTATES, 'a 'subdivision- situate. at Orient, Town of Southold, County of 8uffo;.1k and State. of New York, filed in the Office of ' the Clerk of Suffolk County. as Map Number on the day of , 198 , and WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers;. and WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other successors in interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until 2036 after which time they shall be automatically extended for successive periods of ten (10 ) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded . However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i .e . , Paragraph 7 ( f ) , shall continue in perpetuity. 1 . Construction Requirements . (a ) Tyne of Building t No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half ( 2-1/2 ) stories in height and a private garage for not more than three ( 3) cars . 1 (bJ :AccessorY Buildings No carport or other accessory building of any kind may be erected except : (1) a detached garage, (2 ) an accessory building used in conjunction with a swimming pool, ( 3 ) a tool shed .for the storage of law maintenance equipment and other maintenance equipment used in connection with such individual lot. (c ) Swimming Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side l-ot lines than thirty (30 ) feet. No above-ground swimming pools shall be erected or maintained on any of said lots . (d ) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy ( 70 ) feet of the front street line of the lot nor within thirty ( 30) feet of any side line of the lot, nor within forty ( 40 ) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty ( 40 ) feet . F (e ) Approval of Construction Plans All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start of any construction . Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent 2 with, and will not detract from the aesthetic character of the KINGS BAY ESTATES community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. (f ) Building Modifications All permitted accessory buildings and addi.tidns or other modifications thereto, and any modifications of the initial residential building, including any breezeway or othdx structure connecting an addition to the main dwelling,. shall conform in architecture, material 'and ' color .to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five ( 5) feet beyond the front wall of the dwelling or structure as originally approved . 2 . Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels . Nor shall more than one dwelling house be located on any lot . 3 . Signs No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of KINGS BAY PARTNERSHIP, its successors or assigns . 4 . Trailers, Tents and Motor Homes No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot . No trailer, except the boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five ( 5) days, and shall be subject to any state or local law, rule and regulation thereof . No motor home or camper shall be used on any lot for a continuous period exceeding five ( 5) days, and shall be subject to any state or local law, rule and regulation thereof . 3 . 5 . Annoyina Activities. No noxious or, offensive activity shall be carried on upon .any lot, nor shall anything unusual or unreasonable. be done thereon which may be or may become an annoyance or nuisance to the neighborhood.. 6. Trash Garbage or rubbish shall not be. dumped or allowed to remain on .any lot . All garbage to be collected inust, be contained in closed receptacles, placed j inconspicuously outside the dwelling for collection. . Trash or rubbish shall not be burned upon the premises. 7 . Driveway and Park Facilities (a ) Construction of Driveway KINGS BAY PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements (the "KINGS BAY ESTATES driveway" ) . No title to land in the part of the driveway leading up to and abutting Lot 1, as indicated on the subdivision map, is intended to be conveyed to purchasers of any lots, and the subdivider reserves to itself an easement over all land lying in the path of any and all parts of such driveway. (b ) Park Area Subdivider intends to set aside, as indicated on the subdivision map, a park area for the use of the owners of lots and their guests and invitees . (c ) KINGS BAY ESTATES Driveway Easement - Use of Park All owners of lots, their guests and invitees , are hereby granted an easement for the purpose of ingress and egress in common with others , at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. So long as the subdivider maintains 4 dominion and control of the park, all owners of lots are hereby granted the right to use (pu,rsuant to reasonable 'regulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider ) in common with others at their own risk, the park area. (d) Upkeep df Driveway After. installation provided for in (a) , each .lot. owner shall be responsible for one-fourth (1/4 ) of the real estate taxes and maintenance attributable to the KINGS BAY ESTATES driveway. All decisions as to snow plowing, upkeep and maintenance of- the driveway, including decisions as to the extent and cost of any repairs thereof, shall be in the exclusive discretion of subdivider or its successor in interest, an association of property owners as hereinafter provided . (e ) Upkeep of Park Area Each lot shall be responsible for one- fourth (1/4 ) of the real estate taxes attributable to the park area. All decisions as to the upkeep and maintenance of the park area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or its successors in interest, an association of property owners as hereafter provided . ( f ) Surface Water Drainage System In order to insure that the water drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are hereby imposed upon the water drainage area (herein referred to as the drainage area ) . ( 1 ) The owner of each lot abutting the drainage area shall maintain drainage 5 ®-------.----- area thereon free from leaves, debris . _and other matter which may impede the flow and/or .percolation of. surface water over .or into such drainage area. (Z) No trees, shrubs, planting or other vegetation, except grass, shall be planted or maintained in the drainage area without the written consent of the subdivider or. its successors or assigns, and the Planning Board of. the Town of Southold.. (3) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. ( 4) No fences or other structures shall be placed or maintained in the drainage area. (5) The subdivider or its successors and assigns, the association of property owners, shall have the right to enter . upon the drainage area and to construct, repair and remove such pipes , culverts, catch basins, sumps, and other facilities and to perform such excavation; filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes . (g) Payment of Contributions by Lot owners While the subdivider holds title to the driveway and park area, it will pay the taxes and expenses mentioned in Paragraphs (d ) , (e ) and ( f ) above, and will submit bills to the individual lot owners for their respective contributions . Such bills will be paid in full to the subdivider by the then present lot owner within thirty ( 30 ) days after said bills have been mailed to such present lot owner . In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot . 6 (h) Maximum Contribution of Lot Owners In no event, while the subdivider holds title to the road and park area, shall any lot owner be required to pay a sum in excess of One Hundred Fifty ( $150 .00) dollars per annum toward real estate taxes' for the driveway and park area, or for .snow plowing, upkeep, repair and maintenance of said facilities . ( i ) Property Owners ' Association (1 ).. At any time after one-half ( 1/2 ) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title, to the driveway and park area to the property owners ' association. (2 ) If a conveyance is made to a property owners ' association pursuant to (1) , then: (A) All costs and expenses associated with the driveway and park area shall thereafter be borne entirely by the property owners ' association. (B) The owners of all lots purchased from the subdivider shall be members of the property owners ' association. i (C) Each member of the property owners ' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners ' association . (D) Each member agrees to comply with the regulations for the use of the park and driveway facilities enacted by the property owners ' association. A majority vote shall be required for the enactment of each such regulation. (E) Upon a majority vote by the members of the property owners ' association, the title to the park area shall be dedicated to the Town of Southold, or other appropriate political subdivision or charitable organization. (F) Upon a majority vote by the members of the property owners ' association, title to the driveway shall be dedicated to the Town of Southold, or other appropriate political subdivision or charitable organization. ( 3 ) For the purposes of (1 ) , (2 ) (D) and ( 2 ) (E) , each lot owned shall have one vote . ( j ) Conveyance or Dedication of Driveway ( 1 ) The subdivider presently intends to convey title to the driveway and park area to a property owners ' association consisting of the lot owners . However, when and if such conveyance shall be made, it shall pass in the sole discretion of the subdivider . ( 2 ) In lieu of conveying the driveway or park to a property owners ' association, the subdivider reserves the right, in its sole discretion, to dedicate the driveway or park to the " Town of Southold, or other appropriate Y political subdivision or charitable organization, without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein . ( 3 ) If the subdivider or the property owners ' association decides to dedicate the driveway or park and the Town of Southold, or other appropriate political { subdivision or charitable organization fi requires any instruments to be signed by �i any of the persons referred to in ( 2 ) above, such person or persons shall execute such instruments upon written request . If such executed instruments are not received within ten ( 10 ) days after the written request was made, a lot owner, lien holder or person with any other interest therein, hereby 6 authorize the subdivider or the property owners ' association to execute the required instruments as its special agent. (k ) Utility Easement An easement along the driveway of said map or any other area necessary is hereby specifically reserved for the erection and maintenance of poles and wire and conduits and of all proper and necessary ,attachments for electric power and telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be over areas designated by municipal or public utilities authorities. 8. KINGS BAY ESTATES Footpath Right of Way All owners of lots, their guests and invitees, are hereby granted an eight foot wide right of way on the perimeter of the KINGS BAY ESTATES subdivision for use and enjoyment as a footpath or bridal path (pursuant to reasonable regulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider ) in common with others at their own risk . 9 . KINGS BAY ESTATES Agricultural and open Space (a ) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable and productive for farming, agricultural and recreational purposes ; and the existing openness, natural conditions and present state of use of such portions of KINGS BAY ESTATES shown below the building line on the filed subdivision map would, if retained, maintain and enhance the conservation of the natural, agricultural and scenic resources of the Town of Southold . (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted to farming or agricultural operations and activities, 9 Including all normal and customary operations, and the use of farm vehicles and equipment in connection therewith; open and fallow; landscaped, ;wooded areas, with lanes, walkways, footpaths, ponds, and recreational areas, for compatible recreational purposes and uses. , (c ) The natural contours and the subsurface conditions of the Agricultural and open space shall remain generally undisturbed, and . in ' their pr.ese-nt 'open natural state. No . temporary or permanent residential or nonresidential structures shall be placed or erected thereon. i 10 . Invalidation of any one of these covenants by judgment or court order shall in no way affect any j of the other provisions •which shall remain in full 1 force and effect . 11 . Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors and assigns, or by the owner of any lot against any.person or persons violating or } attempting to violate any covenant or restriction, ` either to restrain violation or to recover damages or both. 12 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter . 13 . All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS HAY PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners . 10 (VT$ 14. KINGS HAY PARTNERSHIP hereby reserves thte right to altex, modify, terminate or annul any of these covenants in whole or in part without the consent of any person, with the exception of the restrictions and covenants pertaining ,to the surface dater drainage system, i .e. , Paragraph 7( f ) which shall continue to perpetuity. a KINGS HAY PARTNERSHIP: General .Partners- Marianne C. Fahs Matthew McCaslin Carol D. Quackenbos Elizabeth Thompson Georgene M. Vairo by Georgene M. Vairo, General Partner as Attorney-in-fact for the above named Partners . STATE OF NEW YORK ) ss . . COUNTY OF i- On the day of -� , 198 , before me personally came Georgene M. Vairo, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same . Notary Public UNDA J.COOPER Notary Public.State of New Yolk, No.4822563,Suffolk CouMy,c l Term Expires December 31.18`' 11 TO U Owl FROM: ADDRESS: " . DATE: -- i f -- ! SUBJECT: 100 27-3 N COMMENTS: Cd S C . rnD /!C 1 a r Cu�f o� C a 1c,r� c c ",+ Signature r DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT KINGS BRAY ESTATES This declaration made this day of , 198 , by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, I New York 10012 . +I j W I T N E S S E T H WHEREAS, KINGS BAY PARTNERSHIP is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, KINGS BAY ESTATES, a subdivision situate at Orient, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of Suffolk County as Map Number i on the day of ,. 19.8 , and I WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers; and WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs,1 executors, administrators and assigns or other successors in interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until 2038 after which time they shall be automatically extended for successive periods of ten (10 ) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or .in part, shall have been recorded. However, notwithstanding any of the above, the provisions applicable to the surface water drainage system, i .e . , Paragraph 7( f) , shall continue in perpetuity. 1. Construction Requirements . (a ) Tyne of Building No building shall be erected, altered, placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three ( 3 ) cars . 1 A(b) Accessory ,Buildin9s No carport or other accessory building of any kind may be erected except: (1) a detached garage, (Z) an accessory building used in conjunction with a swimming pool, (3) a tool shed for the storacle of law maintenance equipment and % other maintenance equipment used in connection firth such individual lot. (c) Swimming Pool Private swimming pools may be constructed on any lot provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot Lines than thirty (30 ) feet. No above-ground swimming pools shall be erected or maintained on any of said lots . (d) No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy ( 70 ) feet of the front street line of the lot nor within thirty ( 30 ) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided., however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall he not less than forty ( 40) feet. i (e ) Approval of Construction Plans. I All plans for the construction of any building and/or structure and the siding and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of KINGS BAY PAPTNERSHIP, as to whether the proposed structure will be consistent Z with, and will not detract from the aesthetic character of the KINGS BAY ESTATE'S community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. (f ) Building Modifications j All permitted accessory buildings and additions or other modifications thereto., and any modifications of the initial residential; building, including arty breezeway or otiLar stiuctur-e connfecting an addition to' the main dwelling, shall cAxgfozm in architecture, material ar4 color to sucU dwelling. Any attached addition to the initial residential dwelling shall mot project i more than five Q5) ;€.eet, beyond the front wadi of the dwelling or strac re as originally approved. 2 . Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels . Nor shall more than one dwelling house be located on any lot. 3. Signs I No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the y written consent of KINGS BAY PARTNERSHIP, its successors or assigns . 4 . Trailers, Tents and Motor Homes No trailer, except a boat trailer, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five ( 5) days, and shall be subject to any state or local law, rule and regulation thereof . No motor home or camper shall be used on any lot for a continuous period exceeding five ( 5) days, and shall be subject to any state or local law, rule and regulation thereof. 3 5_ Annoying Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything unusual or unreasonable be none thereon which may be or may become an annoyance or nuisance to the neighborhood . 6 . Trash Garbage or rubbish shall not be damped or allowed to remain on any lot . All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. P 7. Driveway and. Park Facilities (a) Construction of Driveway KINGS BAY PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements (the "KINGS BAY ESTATES drivewway" ) . No title to land in the part of the driveway leading up to and abutting Lot 1, as indicated on the subdivision map, is intended to be conveyed to purchasers of any lots, and the subdivider reserves to itself an easement over all land lying in the path of any and all parts of such driveway. (b) Park Area Subdivider intends to set aside, as indicated on the subdivision map, a park area for the use of the owners of lots and their guests and invitees . (c) KINGS BAY ESTATES Driveway Easement - Use of Park All owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others, at their own request, over the KINGS BAY ESTATES driveway shown on the subdivision map. So long as the subdivider maintains 4 dominion and control of the park, all owners of lots are hereby granted the might to use (pursuant to reasonable regulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider ) in common with others at their own risk, the park area. (d) Upkeep of Driveway After installation provided for in (a) , each lot owner shall be responsible for one-fourth. (1/4 ) of the real estate taxes and maintenance attributable to the KINGS BAY ESTATES driveway. All decisions as to snow plowing, upkeep and maintenance of the driveway, including decisionq as to the 'extent and cost of any repairz thereof, shall be in the exclusive discretion of subdivider or its successor in interest, an association of property owners as hex,einafteir provided- (e ) Upkeep of Park Area Each lot shall be responsible for one- fourth (1/4 ) of the real estate taxes attributable to the park area. All decisions as to the upkeep and maintenance of the park area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or its successors in interest, an association of property owners as hereafter provided . ( f) Surface Water Drainage Svstem In order to insure that the water drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are hereby imposed upon the water drainage area (herein referred to as the drainage area ) . e (1 ) The owner of each lot abutting the drainage area shall maintain drainage 5 area thereon free from leaves, debris and other matter which may impede the flow and/or percolation of surface water over or into such drainage area. (2) No trees, shrubs, planting or other vegetation, except grass, shall be planted or maintained in the drainage area without the written consent of the subdivider or its successors or assigns, and the Planning Hoard of the Town of Southold. (3 ) No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the subdivider, or its successors or assigns and the Planning Board of the Town of Southold. ( 4) No fences or other structures shall be placed or maintained in the drainage y area. (5) The subdivider or its successors and assigns, the association of property owners, shall have the. right to enter upon the drainage area and to construct, repair and remove such pipes, culverts, catch basins, sumps, and other facilities and to perform such excavation, filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes . (g) Payment of Contributions by Lot owners While the subdivider holds title to the driveway and park area, it will pay the taxes and expenses mentioned in Paragraphs (d) , (e ) and (f) above, and will submit bills to the individual lot owners for their respective contributions . Such bills will be paid in full to the subdivider by the then present lot owner within thirty ( 30 ) days after said bills have been mailed to such present lot owner . In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. ii 6 (h) Maximum Contribution of Lot Owners In no event, while the subdivider holds title to the road and park area, shall any lot owner be required to pay a sum in excess of One Hundred Fifty ($150 . 00) dollars per annum toward real estate taxes for the driveway and park area, or for snow plowing, upkeep,. repair and maintenarnce of said facilities. ( i ) Property Owners ' Association (1) At any time after one-half ( 112) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title to the driveway and park area to the property owners ' association- (2 ) If a conveyance is made to a property owners ' association pursuant to (1) , then: (A) All costs and expenses associated with the driveway and park area shall thereafter be borne entirely by the property owners ' association . (B) The owners of all lots purchased from the subdivider shall be members of the property owners ' association. (C) Each member of the property owners ' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners ' association . (D) Each member agrees to comply with the regulations for the use of the park and driveway facilities enacted by the property owners ' association. A majority vote shall be required for the enactment of each such regulation. (E) Upon a majority vote by the members of the property owners ' 7 association, the title to the park area shall be dedicated to the Town of Southold, or other appropriate political subdivision or charitable organization. (F) Upon a majority vote by the members of the property owners ' association, title to the driveway shall be dedicated to the Town of Southold, or other appropriate political subdivisi.on or charitable organization. (3) For the purposes of (1) , ( 2) (D) and ( 2) (E) , each lot owned shall have one vote . fj ) Conveyance or Dedication of Driveway (1 ) The subdivider presently intends to convey title to the driveway and park area to a property owners' association consisting of the lot owners . However, when and if such conveyance shall be made, it shall pass in the sole discretion of the subdivider . ( 2) In lieu of conveying the driveway or park to a property owners ' association, the subdivider reserves the right, in its sole discretion, to dedicate the driveway or park to the Town of Southold, or other appropriate political subdivision or charitable organization, without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein. ( 3 ) If the subdivider or the property owners ' association decides to dedicate the driveway ❑r park and the Town of Southold, or other appropriate political subdivision or charitable organization requires any instruments to be signed by any of the persons referred to in ( 2) above, such person or persons shall execute such instruments upon written request . If such executed instruments are not received within ten (10 ) days after the written request was made, a lot owner, lien holder or person with any other interest therein, hereby 8 i i authorize the subdivider or the property owners ' association to execute the required instruments as its special agent. (k ) Utility Easement An easement along the driveway of said map or any other area necessary is hereby specifically reserved for the erection and maintenance of poles and wire and conduits and of all proper and necessary attachments for electric power acid telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be over areas designated by municipal or public utilities authorities . S. KINGS BAY ESTATES Footpath Right of Way All owners of lots, their guests and invitees, are hereby granted an eight foot wide right of way on the perimeter of the KINGS BAY ESTATES subdivision for use and enjoyment as a footpath or bridal path (pursuant to reasonable regulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider) in common with others at their own risk . 9 . KINGS BAY ESTATES Agricultural and Open Space (a) Portions of KINGS BAY ESTATES constitute areas of natural beauty, and are desirable and productive for farming, agricultural and recreational purposes; and the existing openness, natural conditions and present state of use of such portions of KINGS BAY ESTATES shown below the building line on the filed subdivision map would, if retained, maintain and enhance the conservation of the natural, agricultural and scenic resources of the Town of Southold . (b) The use of the agricultural and open space shown below the building line on the filed subdivision map will be restricted to farming or agricultural operations and activities, a s { 1 s including all normal and customary operations., and the use of farm vehicles and equipment in connection therewith; open and fallow; landscaped, wooded areas, with lanes,' walkways, footpaths, ponds, and recreational areas, for compatible recreational .purp.oses and uses. (cp The natural contours and the subsurface conditions of the Agricultural and open space shall remain generally undisturbed, and in their present open natural state. No temgorar;y or permanent residential or il nrnxesidtential structures shall .be placed or enacted thereon. 10 . Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 11. Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 12 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 13 . All of the foregoing restrictions are intended to cover only the plots shown on the map of KINGS BAY PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners . 10 `fl 14. KINGS BAY PARTNERSHIP hereby reserves the right to alter, modify, terminate or annul any of these covenants in whole or in part without the consent of any person, with the exception of the restrictions and covenants pertaining to the surface water drainage system, i .e_, Paragraph 7(f) which shall continue to perpetuity. KINGS BAY PARTNERSHIP: General Partners : Marianne C. Fahs Matthew McCaslin Carol D. guackenbos Elizabeth Thompson Georgene M. Vairo by Georgene M. Vairo, General Partner as Attorney-in-fact for the above named Partners. STATE OF NEW YORK ) ss . : COUNTY OFF ) On the !6 day of 19& before me personally came Georgene M. Vairo, to me kn wn and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. Notar Public LNDAJ.COOPER NoV"4822583.Suffolk Coungl � ' 7erin E�ires Dec�n6er 97,191 11 MEMORANDUM To: Robert Berntsson, Assistant- Town Attorney From: Melisa Spiro, Assistant Planner RE: Kings Bay Partners Minor Subdivision Date: May 3, 1988 The above mentioned subdivision was approved on March 13, 1987, with conditions. Please see enclosed Resolution for conditions. Condition #1 has been complied with. Condition #2, has not been cmplied with. There has been no action by the Town Board. Enclosed is a copy of an agricultural easment from Southhampton. Enclosed also is our ONLY copy of the subdivision map. Please advise as to how the Planning Board should proceed. MEMORANDUM To: Robert Berntsson, Assistant Town Attorney - ,From: Melisa Spiro, Assistant Planner j RE: Rings Bay Partners Minor Subdivision I Date: May 3, 1988 The above mentioned subdivision was approved on March 13, 1987, with conditions. Please see enclosed Resolution for :conditions. } Condition #1 has been complied with. Condition #2, has not j been cmplied with. There has been no action by the Town Board. Enclosed is a copy of an agricultural easment from I Southhampton_ Enclosed also is our ONLY copy of the subdivision map. Please advise as to how the Planning Board should proceed. k I� II N f f 7 y�3; N r., I'0A.;.. 011, ti(1l 1 LIYYI.0 m Southold, N.Y. 11971 (516) 765-1939 September 16, 1987 Ms. Elizabeth Thompson 316 Mott Street, 3B New York, NY 10012 RE: Kings Bay Partners Minor Subdivision Dear Ms. Thompson: The following action was taken by the Southold Town Planning Board, Monday, September 14, 1987 . RESOLVED that the Southold Town Planning Board accept the access road report from Engineering Consultant, Sidney Bbwne with regard to the improvements to the access road of Kings Bay Partners , and the final inspection and acceptance of same. Enclosed is a copy of that report for your review. If you have any questions , please don' t hesitate to contact our office. Very truly yours , BENNETT ORLOWSKI, JR. AIRMAN SOUTHOLD TOWN PLANNING BOARD enc. M E M 0 R A ND U M TO': Bennett Orlowski, Jr. , Chairman Southold Town Planning Board FROM: Ray Dean, Inspector, Sidney Bowne DATE: September 14, 1987 RE: Kings Bay Partners f I had re-inspected the letter that Ed Johannson had written on Kings Bay Partners. . I inspected the roadlon Friday and found that the contractor has fulfilled all of the discrepancies that Mr. Johannson has found. And, I recommend thaf,:the Board approve this access road j RECEIVED BY Status Report MITpELC 10'tl ii FLAiifiuinh BOARD September 2, 1987 .4; u f��] Page Two - DATE ' 087122 iKings Bay' Partners (8/8) Contractor asked that road be inspected before he puts on stone base. He has a good h-c ie rn11 i zh-n-1 -nd r--1- fnr ctrna ReC�.'JcE) BY '� ��TE?GLG TGa�i; FL�i!�1tiG BCPnF1 Status Report September 2, 1987 Page Two - °AI ; z P• z 087122 (Kings Bay Partners (8/8) Contractor asked that road be inspected k' before he puts on stone base. He has a good base, is rolled, shaped and ready for stone. r (8/12) Inspected road', and contractor is putting,in crushed stone. 087140 KIN's`'•= T&4 (8/21) Contractor said road is complete. Has put in 320.17 ton� of blue stone blend at 2-1/2". The road is 1,018 ft. and 20 ft. in mast places. The 4 leaching pools are in with stone banked around `y them to keep out .di:rt, the shoulders are graded and road looks good. } 1 d } cc: B. Orlowski , Jr. R. Jacobs R. Dean N. Heffernan "SIGN Y'B: 196*NE &SIG", Sidney B.BOWne,P.E.,L.S. C� /f„ �` Anders Frank (1922-1959) •"•'•`•""!�' Frank L.C.oanw I Phi Chester C Kelsey, P.E.,L.S. Roger L..Lynuh Alexandre W.Merril, P.E. 45 Manor Road Fran ns J.Lyncn Robert A.Stanton. P.E. Smithtown, N.Y. 11787 Philip Schlolzh.Ler Robert rt W. Browq L.S. Joseph F.Stegman zab Blackman, P.E., Ls. (516) 724-0611 Paw F.Stz.•en, NJJiiam T_Siyne .- George A.Style,P.E. Ficnam B.V✓ebei Jerry D.Almont, P.E. George L. Fagan,Jr., Ph.D., P.E. I ' - Thomas R. Pynchon. L.S. September 1, 1987 hIr. Bennet Orlowski , Jr., Chairman TOWN OF SOUTHOLD RECEIVED SAP Planning Board S'OUTHOLD TOM PLANNING BOARD 53095 Main Road RS EP n Southold, New York 11971 14� DkiE Re: Field Inspection of Private Road, Bng- ayy�s tom; Town of Sduthold, N.Y. (SBB NO. 87122) Dear Sir: The following are comments on the above noted project as the result of a field inspection 1. Road width - measured at random locations between 18' and 22' ; specifications - 20' . 2. Bankrun base - average test holes measured: 611; specifications - 6" 3. 3/4" stone blend surface - 2"+ in the 3 test holes; specifications 2" . 4. Four (4) dry wells have been installed as noted on profile. Commentary: The road bed appears to be flat for large sections, both longitudinally and in transect. There is some evidence of a lack of runoff. In some instances the trapped or puddled water seeps through the surface material to the bank run base and dissipates. The surface should be redressed with 3/4" stone blend to eliminate low spots. The road as constructed will provide a riding surface for normal residential traffic with proper maintenance by the home owners. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS EDWARU . ANNEI�ANN EJJ:clg xc: Ray Jacobs, Supt. Hwys. V. Lessard, Exec. Admin. (Bldg Dept.) R. Dean MINEOLA + SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H SIDNEY B. BOWNE & 'SON August 5, 1987 TOWN OF SOUTHOLD SUBDIVISION STATUS REPORT i CONSTRUCTION PHASE PROJECT MANAGER: Robert W. Brown, FIELD PERSONNEL: Raymond Dean PERIOD: July 26 - August 4, 1987 ! ----------------------------------------------------------------------------------- 4 fI J SBB Job No. NAME STATUS 087112 Hill Crest Estates Contractor laid 489 tons of binder course (major subdivision) over well rolled and shaped Pulver mix on 7/17, with 4 trucks running (3" to 3-1/2")., in addition to 250 tons on 7/16. They laid 460 tons of binder on 7/20 and 7/21. Road was finished today with 150 tons, the base course has run 3" to 3-1/2". 087114 Long Pond Estates Contractor (Corrizini ) finished grading (major subdivision) crushed concrete on 7/26. He has rolled and shaped 4" stone base for binder course. Started laying 3" to 3-1/2" binder course on 7/28 - 457 ton. Binder course, 307 ton (7/30), .with six men raking shoulder and picking stones. There is a lot of sand in shoulder, top soil will have to be added (1-1/2") for seeding. Contractor finished road today (8/1), base course looks good - 145 ton. 087115 Paradise by the Bay Contractor stated no work will be done until (major subdivision) electric and telephone is put in, projected for the end of this month, road work will not start until September. 087135 Mohring Enterprises Meeting with Mohring today (8/4) , requested (minor subdivision) that he ask Planning Board for another inspection. 087140 Kings View Partners 500 ft. of road has bank run, the basins are (minor subdivision) in, not covered. They will have to be checked 'and' cleaned out. cc: B. Orlowski , Jr. RECEIVED BY R. Jacobs ra�;,iG(n ILii) Y(Ni�)i)u BOARD R. Dean A vu I d `p N. Heffernan — 987 SIDNEY B. BOWNE & SON July 27, 1987 TOWN OF SOUTHOLD SUBDIVISION STATUS REPORT CONSTRUCTION PHASE PROJECT MANAGER: Robert W. Brown, L.S . FIELD PER50NNEL: Raymond Dean PERIOD: July 13 - July 17, 1987 ---------------------------------------------------------------------------------- SBB Job No. NAME STATUS 087110 August Acres` No further work, as of this date. (major subdivision) 087112 Hill Crest Estates Contractor Corrizini , completed road grading (major subdivision) and cleared all trash and debris from right- of-way (7/15) . Contractor laying binder course today (3"- 3-1/2") with 4 trucks, paver and roller. Plant broke down for three hours this date (7/16) . Continued binder course today (3" to 3-1/2") 989 (7117) . 87113 Homestead Acres No work today (7/13) . 087114 Long-Pond Estates No work today (7/13) . 087115 . Paradise by the Bay No work today (7/13) . (major subdivision) 087122 IC}Fn 4 e s Contractor installing basin, (2-8' rings (minor subdivision) with slab) . 087127 Bennett Brokaw Crushed stone and drainage installed to (minor subdivision) date. cc: B. Orlowski , Jr. R. Jacobs RECElVED &Y: R. Dean $GGTii��.( , 1;.4 Y�,i'C^!`,G BOARD N. Heffernan ) ! , -s. ..._ 11..+.1E ~ SIDh1EY B •- WNE &;S0. August 5, 1487 �o-l ;. •, TOWN OF SOUTHOLD h SUBDIVISION STATUS REPORT y CONSTRUCTION PHASE pRA !MANAGER- Robert W. Brown, ILLfJ ?SONaEL: Reyrwrd Dean ?104,e L'" Ji: ly 2b - :•.lagust 4, 1987 'd ------------------------------------ --------- -------------------- --"------ Si{IBJilx Nd NAME STATUS (SFnl2 Hill Crest Estates Contractor laid 489 tons of binder course t (major subdivision) over well rolled and shaped Pulver mix on 7/17, with 4 trucks running (3" to 3-1/2") , in addition to 250 tons on 7/16. They laid 1` 460 tons of binder on 7/20 and 7/21. Road was finished today with 150 tons, the base course has run 3" to 3-1/2". 087114 ! Long Pond Estates Contractor (Co rrizini) finished grading r (major subdivision) crushed concrete on 7/26. He has rolled and ` shaped 4" stone base for binder course. ry Started laying 3" to 3-1/2" binder course on 7/28 - 457 ton. Binder course, 307 ton (7/30), with six men raking shoulder and picking stones. There is a lot of sand in [i shoulder, tap soil will have to be added I (1-1/2") for seeding. Contractor finished - road today (8/1), base course looks good 145 ton. IA 087115 Paradise by the Bay Contractor stated no work will be done until (major subdivision) electric and telephone is put in, projected for the end of this. month, road work will I not start until September. ±I ; 087135 Mob ring Enterprises Meeting with Mohring today (8/4), requested it (minor subdivision) that he ask Planning Board for another inspection. 087140 --c3'Vtew 500 ft. of road has bank run, the basins are �I (minor subdivision) in, not covered. _ They will have to be checked and cleaned out. I. yl 1 ' ;illy; ,. i � m; I I I�w i i cc: B. Orlowski , Jr. RECEIVED 8y iri a CO�t.,, ,. - j d i R. Jacobs a'• ,��yr1 11<<hi fLhiviIiiG R. DeanUj !�O/N. Heffernan �- ! 3 L . COPY T1 i) %k ' LD - Southold, N.Y. 11971 ' (516) 765-1938 JUL 8 1987 Robert,Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: ` Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision site plan) r\ �l�liC �J car `v�ef� T Hamlet (Jren; T MATERIAL SUMMTTED: File # jocp Suffolk County Tax Hap No. Sketch plan ✓' Preliminary map Street Profiles Grading Plan Preliminary site plan - Final Map Other Comments: Very truly yours, BEN�OWSI.�I, SR. ,RAIRt2y SOUTHOLD TOWN PLANNING BOARD II�V� . l?F al)l 1 Frl'l1.11 Southold, N.Y- 11971 (516) 765-1938 May 13, 1987 Ms. Elizabeth Thompson 316 Mott Street, 3B New York, NY 10012 Re: Kings Bay Partners Minor subdivision Dear Ms . Thompson: The following action was taken by the Southold Town Planning Board, Monday, May 11, 1987 . RESOLVED that the Southold Town Planning Board accept and request compliance with Inspector John W. Davis '. report No. 589 with regard to the access road improvements for the access road within the minor subdivision of Kings Bay Partners located at Orient. Enclosedis a copy of the report for your review. Please note, item No. 5 must be obtained prior to any road construction. As discussed on May 12, it is understood that Mr. Davis will be contacted for inspections while the construction is in progress . If you have any questions , please don' t hesitate to contact our office. i Very truly yours , BENNETT ORLOWSKI, JR- , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. , J MAY 18 198i TO : Bennett Orlowski , Jr . , Chairman Report No . Southold Town Planning Board FROM: John W . Davis Date : May 8 , 1987 RE: Access Rd . for Kings Bay Partners - Minor Subdivision at Orient COMMENTS : Met Mr'i. Mathew McCaslin on 4/24/87 at the site to go over details for the road construction. He gave me a road layout by Elizabeth Thompson , Architect ,which shows a 15 ft . road width- in the 50 ft . R.O .W . The road is centered in the R .O .W . for the first 300- ,feet . The remaining length is a series of curves none of which is parallel to the R . O .W . and in two areas the 15 ft . pavement width is not entirely within the R .O .W . The Van Tuyl proposed profile ith leaching basins appears acceptable and should be returned showing grades , v . c . ' s , etc . Also shown on the profile sheet , a 20 ft . road width centered in the 50 ft . R . O . W . Advised Mr . McCaslin I would discuss road width and alignment with the Planning Board . 5/6/87 Received another road plan as submitted by E . Thompson dated 4/30/87 as follows : Road width now 20 ft . except for the last 200 ft . ± where it is shownlat a 10 ft . width . The road alignment (with the 10 ft . and 20 ft .' widths ) stays within the 50 ft . R .O .W . However , in a few areas , shoulder slopes could be in interference with the 8 ft . bridle path and also outside the R .O . W . P ovided an irregular alignment is acceptable , a few minor change could be made so that the 20 ft . road , lshoulders , etc . would be within the 50 ft . R . O .W . Van T6yl advised me he would sake out the owner ' s alignment if he was paid for it . RECOMMENDATIONS : 1 . Road width 20 ft . throughout . 2 . Alignment to be centered in the 50 ft . R .O . W . or as shown on the Thompson map dated 4/30/87 with minor revisions - Decision by Planning Board . 3 . Remove topsoil for 1 ft . depth in the 20 ft . width . ( test holes show depths of 12" ± ) 4 . Replace topsoil excavation) with compacted bankrun to subgrade for road section (6" below center line profile) . 5 . Proposed grades and L . B . locations by Van Tuyl approved . This profile has to be completed showing % of grades , v . c. ' s , etc . L;.B . ' s to be 8 ft . x 8 ft . diam . with reinforced top slab and inlet type castings . �ra - 01 Page 2 RE: Access Rd . for .Kings Bay Partners - Minor Subdivision at Orient 6 . Road section to be crowned ;"/ft. and to consist of 6" compacted bankrun containing 15% or more of gravel , 10% of loam and a topcourse of 3/4" stone blend. The top course - - - ' depth to be 3" L . M . to obtain a 2" compacted measure . 7 . Do not anticipate any drainage problem at this time time. However , drainage problems incurred due to improvemens within this subdivision shall be corrected by the applicant t JDHN W . DAVIS 6 J •,l 1 7 ,� �s SV 1 OLh" l'1lL 'I'1 . Southold, N.Y- 11971 (516) 765-1938 April 24, 1967 Mr. ..Matthew McAslin 316 Mott Street, Apt. 3E New York, NY 10020 Re: Kings Bay Estates at Orient Dear Mr. McAslin: Please let this confirm that the Field Inspector has requested that the road profile for the above mentioned subdivision access road be revised with grades , and. V.C. ' s etc. When this has been revised, would you please submit two copies to our office. Thank you. If you have any questions, please don' t hesitate to contact our office. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN UTHOLD TOWN NNII BOARD P1 ! 11 y 1ULM-, ultze, Secretary Ms. Thompson Page 2 3/13 /87 ---------------------------------------------------------- With regard to the right-of-way inspection, our Inspector has requested that the right-of-way be staked out by Mr. Van Tuyl. If you would notify our office when this has been completed, we will advise our Inspector. Enclosed is a copy of the agricultural easement, the Town Attorney has advised that this is acceptable; however, it is the Town Board which approves the easement. We will advise you as to the next step with regard to this. 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 enc. i - s 4 P,L 1VI,1G BQ LAG Southold, N.Y. 11971 -(516) 765.1935 March 13 1987 i Ms .11 Elizabeth Thompson ( 316, Mott Street, 3B i New, York, NY 10012 RE: Minor subdivision for "Kings Bay Partners" Dear Ms . Thompson: The following action was taken by the Southold Town Planning Board, Monday, February 23 , 1987 . RESOLVED that whereas a formal application for the approval of 'a subdivision plat entitled "Kings Bay Partners" located at Orient was submitted to the Planning Board on September 10 , i1986 and filing fee was paid on September 10 , 1986 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on February 9, 1987 at 7 : 45 p.m. , and WHEREAS , the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and' application, NOW+ I therefore, be it RESOLVED that the application of Elizabeth Thompson for "Kings Bay Partners" for approval of said subdivision plat prepared b_. Roderick Van Tuvl dated January 5 , 1987 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions : Compliance with the requirements of the Inspector with regard to the improvements for the access road within the right-of-way. 2 . Acceptance by the Town Board of the agricultural . easement on the southerly portion of the -property ( that land south of the southerly limit of the building envelopes) . „"ctL Sa. Ms! Thompson Page 2 3 /13/87 ------------------------------------------- With regard to the right-of-way inspection, our Inspector has requested that the right-of-way be staked out by Mr. Van Tuyl. If you would notify our office when this has been completed, we will advise our Inspector. Enclosed is '`a c'opy'Of the agricultural easement the Tow`ri"Attorney has advised that this is acceptable, hwever, it �4s the Town Board which`,approves -the' easement. Wew ill advise you as to the next step with regard to this. 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 enc. F 11 1 pf _ I i� P pw�-4MI fx"'D44-AI o r .tea i•,�dv Southold, N-Y. 11971 i (516) 765-1938- { March 13 , 1997 ) Ms. Elizabeth Thompson 316 'Mott Street, 3B New York, NY 10012 RE: Minor subdivision for "Kings Bay Partners" Dear Ms . Thompson: The following action was taken by the Southold Town Planning Board, Monday, February 23 , 1987. RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "Kings Bay Partners" located at Orient was submitted to the Planning Board on September 10 , 1986 and filing fee was paid on September 10 , 1986 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on February 9, 1987 at. 7 : 45 p.m. , and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Elizabeth Thompson for "Kings Bay Partners" for approval of said subdivision plat prepared by Roderick Van Tuyl dated January 5 , 1987 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions : ,iI. Compliance with the requirements of the Inspector with regard to the improvements for the access road within the right-of-way. 2. Acceptance by the Town Board of the agricultural easement on the southerly portion of the -property ( that land south of the southerly limit of the building envelopes) . ovB� Ms. Thompson Page,- ----------------3 /13/87 { -------------------- -------- With regard to the right-of-way inspection, our Inspector has requested that the 'right-cf-wa be staked out b Mr. Van Y Y Tuyl. 'If you would notify our office when this has been complete&„we will advise our Inspector Enclosed is a copy of the agricultural easement, the E Town Attorney has advised that this is acceptable; however, it is the Town Board which approves the easement. We will ' i advise you as to the next step with regard to this . a If you have any questions , please don' t hesitate to contact our office. Very truly yours ,'� uill,_ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD 4 f ¢ By Diane M. Schultze, Secretary enc. _ IF � 1 �0 1E h°4 �flf i II' t s ; c GRANT OF EASET+IENT THIS INDENTURE made as of this day of 19 by and between residing at New York (hereinafter the "Grantor" ) , and the Town of ' Southampton, a Municipal Corporation of the State of New York, having an office at Town Hall, 116 Hampton Road, Southampton, New York 11968 (hereinafter the "Grantee" ) . W I T N E S S E T H WHEREAS : A. Grantor is the owner of certain real property ' fronting on Town .of Southampton, Suffolk County, New York, as more particularly described on Schedule A heroto annexed. B. Grantor has filed a subdivision map affecting the foregoing property entitled dated as last revised on made by Land Surveyor, which map was filed and recorded in the Suffolk County Clerk's Office on under File No . C. Portions of the said property constitute areas of natural and scenic beauty, and are presently desirable and productive for farming and agricultural pur- poses; and the existing openness, natural conditions and present state of use of such portions of the property shown on the filed subdivision map would, if retained, maintain and enhance the conservation of the natural, agricultural and scenic resources of the Town of Southampton. _ - s D. Grantor desires to grant to Grantee, an agricultural, recreational, scenic and conservation use easement affecting those portions of the said subdivision which are shown as "Agricultural and Open Space Preserve" and restricted use areas on the foregoing Subdivision Map of . E. Section 247 of the New York General Municipal Law authorizes the acquisition by designated governmental bodies and entities ,-including Towns , of fee title or lesser interests in real property, including development rights ,negative use easements and other easements,restrictive and affirmative covenants,and othe contractual rights which may be necessary or desirable for the preservation and retention of open spaces and open areas and natural or scenic resources , including agricultural lands . F. Grantee, in furtherance of the above policies , and in accordance with the provisions of Section 247 of the General Municipal Law, desires to accept such grant of the foregoing agricultural, recreational, scenic and conservation, use easement. G. The grant of easement hereunder and the use restrictions herein contained shall be immediately binding upon Grantor and his successors and assigns, and shall also The binding upon and shall restrict the premises described on Schedule A hereto annexed. NOW, THEREFORE, in consideration of One ($1. 00) Dollar and other good and valuable consideration paid by Grantee to Grantor, the receipt of which is hereby acknowledged, Grantor does hereby grant, transfer, bargain, sell and-convey to Grantee, i f " -2- 4 5 an agricultural, recreational, scenic and conservation use easement in gross with respect to these portions of the said sub- division shown and designated on the foregoing Subdivision Map,and hereinafter referred to, as the "Agricultural and Open Space Preser TO HAVE AND TO HOLD said easement and such rights and- interests in connection therewith as are hereinafter set forth with respect to the Agricultural and Open Space Preserve, unto Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of Grantor, and in all events retaining to and for Grantor, and to and for Grantor' s successors, heirs , legal representatives ,. and assigns , the exclusiv richt of occupancy and of use of the said Agricultural and Open Space Preserve; - subject to the conditions , covenants , agreements and use restrictic hereinafter set forth,which conditions, convenants , agreements and use restrictions shall be and shall constitute servitudes upon and with respect to the Agricultural and Open Space Preserve. Grantor, for himself, and for and on behalf of his heirs , successors , legal representatives and assigns , hereby covenants to and agrees with Grantee, as follows : 1_ The use and development of the Agricultural and Open space pre will-forever be restricted to . some or all of the following: (i) farming operations and activities , including soil preparation, cult vation,fertilization,irrigation,pest control,water and drainage cor trol,all other normal and customary farming operations ,and the use farm vehicles and equipment in connection therewith, all as design_ and intended to promote and enhance agricultural production, encompassing the production for commercial purposes of field crops (including, without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans.) , fruits (including, without limitation, apples , peaches, grapes, cherries and berries) , vegetables (including, without limitation, tomatoes , snap beans, cabbage, carrots, beets and onions) , horticultural specialties (including,without limitation,nursery stock, -3- i i ornamental shrubs and ornamental trees and flowers) , and all other farm products, and livestock and livestock products (including cattle, sheep, goats , horses and poultry) ; (ii) open and fallow; (iii) landscaped, wooded areas , with lanes , walkways, foot paths, ponds or brooks , and recreational areas , for compatible recreational uses; all subject to Planning Board approval. 2 . Except to the extent specifically required or useful for or in aid of the foregoing permitted uses of the Agricultural and Open Space Preserve.- (a) (and except as required for reasons of landscaping, irrigation, water and drainage control, or sanitation or disease control) no trees or shrubs shall be destroyed, cut, or removed from the Agricultural and Open Space Preserve; (b) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal or any unsightly and offensive material shall exist thereon; (c) the natural contours and the subsurface conditions of the Agricultural and Open Space Preserve shall remain generally undisturbed, and in their present natural state; (d) no temporary or permanent residential or nonresidential structures , including any billboards or other advertising signs, shall be. placed or erected thereon: (e) no commercial .lumbering operations shall be permitted thereon, other than those associated with forestry management, approved by the Regional Forester of the State of New York; (f) no portion thereof shall be used for leeching or for a sewage disposal field, and no dumping or burning or refuse shall be permitted thereon; and -4- (g) no streets, roadways or other rights of way for non-farming vehicular use shall be constructed or granted f thereon, 1 3_ Notwithstanding the provisions hereof, Grantor reserves the right to the exclusive use and possession of the Agricultural and Open Space Preserve, to the extent not inconsistent with the covenants and agreements hereinabove set forth; and Grantor may exclude the general public or any designated person or persons, from the use of or entry upon the said Agricultural and Open Space Preserve, except that Grantee shall have the continuing right to inspect the said Agricultural and Open Space Preserve to the extent reasonably required to monitor compliance with the covenants, terms and provisions hereof, and to assure that such covenants, terms and provisions have not been violated, such inspection to be at reasonable times, on reasonable notice, and, if not inconvenient, by appointment with Grantor. 4. Anything herein to the contrary notwithstanding, Grantor reserves the right to erect and maintain on the said Agricultural and Open Space Preserve such catch basins, wells, cisterns, and drainage canals, necessary or useful to the maintenance and utilization of the remainder of the described property and to erect and maintain on said Agricultural and Open Space Preserve (and to grant appropriate utility easements, as required by the appli- cable public utility companies , for the erection and main- tenance of) telephone, telegraph, electric, gas, water, and other utility lines for the purpose of servicing the remaining portions of the said subdivision. 5. Failure of Grantee to insist upon the strict performance of any of the terms , conditions , covenants or restrictions contained herein, shall not be deemed a waiver -5- 4 6 ^ of any subsequent breach or default as to such or any other of the terms , conditions , covenants or restrictions contained herein. 6. It is understood that the assessed valuation of the Agricultural and open Space Preserve for purposes of real estate taxation will, to the extent of the actual reduction of the fair market value of the Agricultural and Open Space Preserve by reason of this grant of easement, take into account and be limited by the restrictions and limitations imposed on the future use of the Agricultural and Open Space Preserve by this agricultural, recreational, scenic and con- servation use easement, as required under Section 247 (3) of the General Municipal Law, and, generally, in accordance with valuation principles legally applicable to such assessments of real property. 7. If at any time the whole or any part of the Agricultural and open Space Preserve shall be taken or condemned by eminent doer by Grantee, or by any other governmental body, the easement hereby granted shall come to an end and shall terminate as to those-portions of the Agricultural and open Space Preserve so taken or condemne to the effect that as of the time of such taking or condemnation, the Agricultural and Open Space Preserve (or the parts thereof so taken or cond shall not be subject to the restrictions and limitations of such easement. In such event, neither Grantor, nor his heirs,successor legal representatives or assigns , shall be required to pay any penalties, nor shall the value of the Agricultural and Open Space Preserve (inc for purposes of computation of severance damages , if any, those pa: thereof not taken or condemned) be in any way reduced or limited by this easement, nor shall any part of the condemnation award I _ belong to or be payable to the Grantee. -6- I _ i - y 8. The burdens of this easement shall run with the land. 9. Grantee hereby accepts the foregoing grant of easement. 10. The parties hereto each agree that the covenants, agreements, conditions, and restrictions hereinabove set forth shall in all respects be binding upon Grantor, and Grantor's heirs, successors, legal representatives and assigns, and same shall 'benefit Grantee, its representatives, successors and assigns. 11 . No property rights acquired hereunder shall be alienated except upon the affirmative vote of a majority plus one of the Town Board after a public hearing and, thereafter, ratified by mandatory referendum. No subsequent amendment of the provisions of this sub-section shall alter the limitations placed upon the alienation of property rights acquired by the Town prior to any such amendment. IN WITNESS WHEREOF, Grantor has duly executed this instrument, and the Grantee has caused this instrument to be executed on its behalf by a duly authorized officer thereof, and its corporate seal to be hereunto affixed, as of the day and year first above written. GRANTOR: GRANTEE: TOWN OF SOUTHAMPTON By: Town Supervisor -7- - STATE OF NEW YORK :SS A COUNTY OF SUFFOLK Y On the day of , 19 before me personally came to me known to be the individual described in and who executed the foregoing instrument, i and acknowledged that he executed the same. ► Notary Public r STATE OF NEW YORK :SS iCOUNTY OF SUFFOLK On the day of , 19 before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the Town Supervisor of the Town of Southampton, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of supervisors of said municipal corporation, and that he signed his name thereto by like order Notary Public (Schedule °A" to be attached) -8- ! LEGAL NOTICE NOTICE OF u L ' 1 PUBLIC HEARINGS COUNTY OF SUFFOLK j NOTICE IS HEREBY GIV- EN thatpursuant-toSection,276 of the Town Law, public hear-;gib' C _ E ings will be held by the Southold Patricia Wood, being duly sworn, says that she is the i Town Planning Board at{the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Town Hall, Main Road, G Southold;New York;in,said a public newspaper printed at Southold, in Suffolk County; ! ,-Town on the MdayWFebruary and that the notice of which the annexed is a printed copy, 1987 on the;question of the - , , has been published in said Long Island Traveler-Watchman fdllowin once each week for . . . . . . . ... . . . . . . . . . �. . . . . . . weeks `'7:30 p.m. Approval of the ` 'preliminary maps for the major ,subdivision of Henry Appel successively, commencing on the located at'Mattituck, in the " " " " " " " " " " ! To%ym of,Southold, County of Suffolk and State of New York day . . . . . ., 19 . . . . . rand bounded and described as follows:' • '• _ .' 'BEGINNING at tlfe';corner • • • • • • . . . . • • . . . . . formed by'the intersection of the southerly side of New Suffolk Avenue and the westerly side of Camp Mineola Road' (private ! . . . . . . . . .road);running tlienc . . . . . . . . . . . . e,along the Sworn to before me this y day of ' ! westerly side �of said'tiCamp Mineola Road the+t,following courses and distances:'(1)South • • • , 19 • 7 17141'20"West,221 feet;thence ' (2) South 76° 07', 00" West 552.48 feet;thence(3),South 7° ,32' 00" West 521.93 feet!to-a concrete monument marking the northerly line of land of ' Notary Public Schiller;thence along said nor- therly line'of land of Schiller -and land now or formerly of Jaheczko;North 81°07'40"West BAfI!,I-3A1�A �®I�El✓S Notary Public, State of New York 509.99 feet to the easterly,,line of No. 4806846 land of Ole Jule Lane; thence Qualified in Suffolk County .along said easterly line of Ole Commission Expires e?,,.j/19 Jule Lane,'•North' 7° 32' 40a' East 1179.16 feet to the southerly side of New Suffolk Avenue; thence along the southerly side, of New Suffolk Avenue,'Noith 88°29' 00"East 621.95 feet to a•concrete monument;'thence still along the southerly side of New Suffolk Avenue,South 710 59'-20" East 17.02 feet to-the ! point or place of BEGINNING. Containing-15.3 acres±. 7:45 p.m. Approval of the minor subdivision of Elizabeth' •Thompson to be known as "Kings Bay Estates" located Orient,in the Town of Southold, County of,Suffolk and State of ' New York' and bounded and I described as follows: - _ BEGINNING 'at a point on i the easterly line of'King•Street, ! 13.6 feet southerly along said j east erly.line from,the northerly line of said King Street; from said point of beginning running along lands now or formerly of Tabor and Rackett,two_courses_ I as follow`si(1)South 80°21'20"y East,' 631.22 feet; thence (2) — North 65°43' 00"East 856.96 - -- feet to land now or formerly of •Rohloff thence along said-land ' of 'Rohloff and land now or, `d�4ormerlyibf 01ohh-Jagger;'two t,:;;coursesas.f6116�h:(1�Sduth 64°ar' �! 091i 10_'fkEafsb4,3.63 teet;.,tlience (2) Soutfi 29° 55'S 10" 'East 546.97' feet to land now or formerly of Witzenburg;thence r_ along;said land of Witzenburg, South 70° 13' 50" West 31.44 feet to land now or formerly of Taborg; thence along land last mentioned five courses as follows:,(I) North 250 18' 10" West 116.65 feet thence(2)South 610 23' 20" West,512:83'-feet; thence (3) North'280 21' 00" West 943Qfeet;thence'(4)South- 65° 14' 20" West 164.96 feet; thence (5)'bn_a-tie,line,course South 490,59'30"West 503:04 feet;,+thence-along land now or formerly of Tabor,and along land,now or,formerly of.Nelson•' Douglas Estate, North 32° 01' 50"West 345.68 feet;thence still . along said land"now or former- ly of Nelson, Douglas'Estate,, three courses'as follows:(1)'Nor- therly about•flO feet to a point s which is North 2°41'00"'West 106.10 feetfrom the•last'describ- ed point;:thence (2) North 29° 18'50"West 252.70 feet;thence '(3) South.75`17' QO" West', s 381.48 feet to said easterly line' of King Street;thence along said easterly line of King Street North 40°00' 10"West 484.78 feet to-the point or,place of Beginning. Containing 23.44 acres., - ' ;. 8:00 p.m. Public hearing on' the question of approval of the minor subdivision for Briscoe } Smith located at Fishers Island, in the'Town of Southold,Coun- ty of Suffolk and State-of New York and bounded and describ- f feet to land now or formerly of I •Rohloff thence'along said,land ' of Rohloff and land now or, ~�rcbur*gsastf@ ilk.(1�Squth 64 it 09.A;10"NEasb47.3.63 feet;.ethence (2) South 290 55'S 10-" East ` 546.97 feet to land now or ° formerly of Witzenburg;thence along said land of Witzenburg, ` South 70° 13' 50" West 31.44 feet to land now�or formerly of Taborg; thence along land last mentioned five, courses as follows: (1) North 25° 18' 10" West 116.65 feet thence(2)South 611 23' 20" West,512.,83 feet; thence (3) North 28° 21' 00" West 94.70,feet;thence(4)South- 65° 14' 20" West 164.96 feet; thence (5)On-a tie line,course South 49°59'30"West 503'04 feeq,thence aloni land now or formerly of Tabor.and along land now or-formerly of Nelson Douglas Estate, North 32° 01' . 50"West 345.68 feet;thence still , along said land now or former- ly of Nelson Douglas Estate,, three courses'as follows:(1)Nor- therly about M feet to a point which is North 2°41'00"'West 106.10,feet•from the4ast'describ- ed point; thence (2)North 29° 18'50"West 252.70 feet;thence '(3) South.75°'17' 00" West; 381.48 feet to said easterly line' of King Street;thence along said easterly line of King Street' North 40°00' 10"West 484.78 feet to the point or place of Beginning. Containing 23.44 acres. 8:00 p.m. Public hearing on the question of approval of the minor subdivision for Briscoe Smith located at Fishers Island, in the Town of Southold,Coun- ty of Suffolk and State'of New York and bounded and describ- ed as follows: •BEGINNING at a monument f on the Northwesterly line of , 4 Ocean View•Avenue,said monu- ment being'located'863.62 feet North of a point which is 2876.42 feet West of a monu ment marking the United•States Coast and Geodetic Survey Tirangulatiort Stafions."PROS" and running thence North 62° 116' 40"'West 210.40 feet to•a 'monument; thence North 82° '47'�10" West 246.21 feet tb a ° monument;,thence.South 251 40"West 156.79 feet to the rll�rtiicasfcrly line=°of-'Ocean ' View Avenue,thence along said "Avenue line North 83°56' 00" West,119.05 feet to a monument; thence North 580 56' 00"West 97.84 feet along said Avenue line to a.monument; thence North 340 00' 00" East 142.00 feet; thence North 4,50 44, 00"West 140.48 feetzto the Southerly line of�u- estrian Avenue, thence � fth 400'36' 50" East 73'60 feet along said Avenue line to a point;thence North 22°09'55" East 133.12 feet along said `Avenue line to an iron pipe, thence South 79°28' 04"East 176.39 feet, to an iron pipe; thence North 33°53' 45"East 95.0 I feet to an iron pipe;thence North 460 06'15"West 180 feet to' an iron pipe on the Southeasterly line of Equestrian Avenue; thence North 43°53' 45"East 2 A02 feet along said Avenue line to a monument; thence South 51°33' 20"East 105.00'feet; thence North 43° 42' 40" East 122.31 feet to a monument; thence North 43°- 34' 00" East 15.00 feet to a point;thence South 46°26'00" East 90.00' feet to a,point; thence North 89°25' 18"East 149.49 feet to a monument thence South 280 54' 00"East 225.42 feet to an iron pipe; thence North 77°32''00"East 187.97 feet to a monument on the Southwesterly line of -Heathule Avenue;thence South 260 06' 20" East 107.50 feet along said Avenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue;,thence along said Avenue line an following three cow= 580 04'40"West 109.97 a monument;South 6°06'30" West 195.45 feet to a monument and south 45° 07' 20" West 365.66 feet to the monument at the point of Beginning. Con- taining 12.3± acres. Any person desiring to be heard on the -above matter should appear at the time and place above specified. 'Dated: January 12, 1987 BY ORDER OF THE' SOUTHOLD TOWN' PLANNING BOARD to land now or formerly of thence North 40°36'50" East ! Legal Notices Rohloff thence along said'and of 73.60 feet along said Avenue �� 4 Rohloff and land now or for- line to a point; thence Tiorth merly of John Jagger,; two 22°09'55"East 133.12,fec, along n courses as follows: (1) South said Avenue line to an iron pipe; LEGAL NOTICE 64°09'10" �East 473.63 feet; thence South 79°28'04" East ! NOTICE OF PUBLIC thence (2) South 29°55'10"East 176.39 feet to an iron pipe; STATE OF NEW YORK )HEARINGS 546.97 feet to land now or for- thence North 33°53'45" East NOTICE IS HEREBY GIVEN merly of Witzenburg; thence 95.00 feet to an iron pipe;thence ) SS: that pursuant to Section 276 of along said land of Witzenburg, North 46°06'15"West 180 feet to ) the Town Law, public hearings South 70°13'50"West 31.44 feet ari iron pipe on the Southeas- COUNTY OF SUFFOLK will be held by the Southold to land now or formerly,of terly line of Equestrian Avenue; . Town Planning Board at the Taborg; thence along land last thence North 43°53'45" East Town Hall, Main Road, South- mentioned five courses as' fol- 240.02 feet along said Avenue Carol Sgarlata of Greenport, in old,New York, in said Town on lows. (1) North 25°18'10" West line to a monument; thence Said County, being duly sworn, Says that he/she is the 9th day of February 1987,on 116.65 feet; thence (2) South South 51°33'20" East 105.00 the question of the following: 61°23'20" West 512.83 feet; feet; thence North 43°42'40" Principal Clerk of THE SUFFOLK TIMES, a Weekly 7:30 p.m.Approval of the pre- thence(3)North 28°21'00"West East 122.31 feet to a monument; Newspaper, published at Greenport, in the Town liminary maps for the major sub- 94.70 feet; thence (4)-- South thence North 43°34'00" East division of Henry Appel located 65°14'20" West 164.96 feet; 15.00' feet to a point; thence ! of Southold, County of Suffolk and State of New at_Mattituck, in the Town of thence (5) On a tie line course South 46°26'00"East 90.00 feet Southold,County of Suffolk and South 49*59'30" West 503.04 to a point; thence North ( York, and that the Notice of which the annexed,is State of New York and bounded feet; thence along land now or 89°25'18" East 149.49 feet to a ! a printed Copy, has been regularly published in iand described as follows: formerly of Tabor and along land monument; thence South BEGINNING at the corner now or formerly-of Nelson Doug- 28°54'00"East 225.42 feet to an said Newspaper once each week for one formed by the intersection of the las Estate,North 32'01'50"West, iron pipe; thence North I southerly side of New Suffolk 345.68 feet; thence still along 77°32'00" East 187.97 feet to a weeks sUCC9531V91y, commencing On the 9 9 _ i Avenue and the westerly side of said land now or formerly of Nel- monument on the Southwesterly day Of January 19$7-_ Camp Mineola Road (private son Douglas Estate, three line of Heathule Avenue;thence road); running thence along the courses as follows:(1)Northerly South 26°06'20"East 107.50 feet I westerly side of said Camp about 110 feet to a point which along said Avenue line to a ! Mineola Road the following is North 2°41'00" West 106.10 monument at its intersection courses and distances: (1)South feet from the last described with the said Northwesterly line 17°41'20" West 221 feet; thence point;thence(2)North 29°18'50" of Ocean View Avenue; thence r' CI I Clerk (2)South 16°0A'00"West 552.48 West 252.70 feet; thence (3) along said Avenue line on the feet; thence (3) South 7°32'00" South 75°17'00" West 381.48 following three courses: South rl ! West 521.93 feet to a concrete feet to said easterly line of King 58°04'40" West 108.87 feet to a monument marking the north- Street; thence along said eas- monument;South 6°06'30"West i Sworn to fore me this erly line of land of Schiller; 'terly line of King Street North 195.45 feet to a monument and day Of �`�� _ 19 thence along said northerly line 40°00'10"West 484.78 feet to the south 45°07'20"West 365.66 feet MARY K Dcut�, of land of Schiller and land now point or place of Beginning Con- to the monument at the point of U, NOTARY PUBLIC,State of wan e , or formerly of Janeczko; North taining 23.44 acres. Beginning. Containing 12.3± Suffolk County No.484900 81°07'40"West 509.99 feet to the 8:00 p.m. Public hearing on acres. /� Zrm Expires Februar 19�� easterly line of land of Ole Jule the question of approval of the An LJL^/� p PP y person desiring to be + Lane;thence along said easterly minor subdivision for Briscoe heard on the above matter line of Ole Jule Lane, North Smith located at Fishers Island, should appear at the time and 7°32'40 ast.1179.16 feet-£o the in the'Town of Southold,County place above specified southerly=-side of New Suffolk of Suffolk and State of New York, Dated:January 12,1987 A-� . thence �g the south-' and bounded and-described as BY ORDER OF erly side-of NewSITotk A,'--nne,- follows: THE SOUTHOLD TOWN North 88°29'00"East 621.95 feet�`` ''BE INNING at a monument PLANNING BOARD, to a concrete monument;thence on the Northwesterly_line of BENNETT ORLOWSKI,JR still along the southerly side of Ocean View Avenue,said 1I I CHAIRMAN New Suffolk Avenue, South meet being located 863.62 feet --� - 1TJ29-5487 71°59'20" East 17 02 feet`to the North _of a- point which is point or place of BEGINNING. 2876.42 feet West of a monu- Containing 15.3 acres ± ment marking the United States 7.45 p m. Approval of the Coast- and, Geodetic Survey minor subdivision of Elizabeth Triangulation Stations "PROS"Thompson to be known as,. and running thence North "Kings Bay Estates" located at 62°16'40" West 210.40 feet to a Orient in the Town of-Southold, monument; thence North County of Suffolk, and State of 82°47'10" West 246.21 feet to a New York and bounded and de- monument; thence -South, scribed as follows 25°24'40"West 156 79 feet to the, BEGINNING at a point on the Northeasterly line of Ocean easterly line of King Street,13.6 View Avenue,thence along said feet southerly along said`eas- Avenue line North 83°56'00 terly line from the northerly West 119.05 feet to a monument; line of said King Street; from thence' North-58°56'00" West said point of beginning running 97.84 feet along said Avenue- along lands now or formerly of line tn--0 Hutment; ther•'� Tabor and Rackett, two•cou ac,- North 31°00 OG fast 142�" as follows: (1) South a�s21'20" feet; thence -North 45644 East, -C,"-22 feet�ihence (2) West 140,48 feet to the South- North 65°43'00"East'�56.96 feet -erly line of Equestrian Avenue, T01-A'.! i1r SOL I iUYL1) �.l p '✓ Southold, N.Y. 11971 I (516) 765-1938 January 14, 1987 Ms . Elizabeth Thompson 316 Mott Street, 3B h New York, NY 10012 RE: Minor subdivision to be known as "Kings Bay Estates" Dear Ms. Thompson: The following action was taken by the Southold Town Planning Board, Monday, January 12 , 1987 . RESOLVED that the Southold Town Planning Board set Monday, February 9 , 1987 at 7: 45 p.m. at the Southold Town Hall as the time and place for a public hearing on the question of approval of the minor subdivision of Elizabeth Thompson, et. al. to be known as "Kings Bay Estates" located at Orient. We have not received comments from our Town Attorney on the proposed agricultural easements , however, upon receipt of any comments we will forward them to you. If you have any questions, please don' t hesitate to contact our office. Very truly yours , I erLZ5v-$4 L. �- d&� .� BENNETT ORLOWSKI , JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary L t LEGAL NOTICE NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, pubilc hearings will be held by the Southold Town Planning Board at the Town, Hall, Main Road, Southold, New York, in said Town on the 9th day of February 1987, on the question of the following: 7: 30 p.m. Approval of the preliminary maps for the major subdivision of Henry Appel located at Mattituck, in the Town of Southold, County of Suffolk and State of New York and bounded and described as• follows : BEGINNING at the corner formed by the intersection of the southerly side of New Suffolk Avenue and the westerly side of Camp Mineola Road (private road) ; running thence along the westerly side of said Camp Mineola Road the following courses and distances : (1) South 17°41' 20" West 221 feet; thence (2) South 16°07 ' 00" West ,552. 48 feet; thence (3) South 7°32 ' 00" West 521. 93 feet to a concrete monument marking the northerly line of land of Schiller; thence along said northerly line of land of Schiller and land now or formerly of Janeczko; North 81007140" West 509. 99 feet to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule Lane, Nort-h_ 7°32 ' 40" East 1179. 16 feet to the southerly side of New Suffolk Avenue; thence along the ,southerly side of New Suffolk Avenue, North 88°29 ' 00" EAst 621. 95 feet to a concrete monument; thence still along the southerly side of New Suffolk Avenue, South 71°59 ' 20" East 17. 02 feet to the point or place of BEGINNING. Containing 15. 3 acres ±. 7 : 45 p.m. Approval of the minor subdivision of Elizabeth Thompson to be known as ' "Kings Bay Estates" located at Orient in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the easterly line of King Street, 13. 6 feet southerly along said easterly ine form the northerly ine of said King Street; from said point of beginning running along lands now or formerly of Tabor and RAckett, two courses as follows: (1) South 80021' 20" East, 631. 22 feet; thence (2) ' North 65043100" East 856. 96 feet to land now or formerly of Rohloff thence along said land of Rohloff and land now or formerly of John Jagger; two courses as follows: (1) South 6400911.01' East 473 . 63 feet; thence (2) South 29°55 ' 10" East 546. 97 feet to land now or formerly of Witzenburg; thence laong said land of Witzenburg , South 70013 ' 50" West 31. 44 feet to land now or formerly of Taborg; thence along land last mentioned five courses as follows : (1) North 25118 ' 10" West 116. 65 feet; thence (2) South 61023120" West 512. 83 feet; thence (3) North 28°21' 00" West 94. 70 feet; thence (4) South 65014 ' 20" West 164. 9.6 feet; thence (5) On a tie line course South 49059 ' 30" West 503 . 04 feet; thence along land now or formerly of Tabor and along land now or formerly of Nelson Douglas Estate, North 32'01' 50" West 345. 68 feet; thence still along said land now or formerly of Nelson Douglas Estate, threes courses as follows: (1) Northerly about 110 feet to a point which is North 2141' 00" West 106. 10 feet from the last described point; thence (2) North 29118 ' 50" West 252. 70 feet; thence (3) South 75017100" West 381. 48 feet to said easterly line of King Street; thence along said easterly line of King Street North 40000 ' 10" Wesr 484. 78 feet to the point or place of Beginning. Containing 23 . 44 acres. 8: 00 p.m. Public hearing on the question of approval of the minor subdivision for Briscoe Smith located at Fishers Island, inthe Town of Southold, County of Suffolk and State of New York and bounded and described as follows : BEGINNING at a monument on the Northwesterly line of Ocean View Avenue, said monument being located 863. 62 feet North of a point which is 2876. 42 feet West of a monument marking the United States Coast and Geodetic Survey Tirangulation Stations"PROS" and -runing thence North 62°16 ' 40" West 210 . 40 feet to a monument; thence North 82°47110" West 246. 21 feet to a monument; thence South 25°24 ' 40" West 156 . 79 feet to the Northeasterly line of Ocean View Avenue, thence along said Avenue line North 83°56 ' 00" West 119 . 05 feet to a monument; thence North 58056 ' 00" West 97. 84 feet along said Avenue line to a monument; thene North 34000100" East 142. 00 feet; thence North 45°44 ' 00" West 140. 48 feet to the Southerly line of Equestrian Avenue, thence North 40°36 ' 50" East 73 . 60 feet along said Avenue line to a point; thence North 22°09155" EAst 133. 12 feet along said AVenue line to a n iron pipe; thence South 79°28 ' 04" East 176 . 39 feet to an iron pippe; thence North 33053145" East 95. 00 feet to an iron pipe; thence North 46°06 ' 15" West 180 feet to an iron pipe on the Southeasterylineof Equestrian Avenue; thence North 43153145" East 240. 02 feet along said Avneue line to a monument; thence South 51°33 ' 20" East 105. 00 feet; thence North 43°42 ' 40"- East 122. 31 feet to a monument; thence North 43°34 ' 00" East 15. 00 feet to a point; thence South 46026 ' 00" East 90. 00 feet to apoint; thence North 89025 ' 18" East 149. 49 feet to a monument thence South 28054 ' 00" East 225 . 42 feet to an iron pipe; thence North 77032100" East 187. 97 feet to a monument on the Southwesterly line of Heathule Avenue; thence South 26106 ' 20" East 107. 50 feet along said AVenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue; thence along said Avenue line on the following three courses: South 58°04 ' 40" West 108. 87 feet to a monument; South 6006130" West 195 . 45 feet to amonument and south 45007 ' 20" West 365 . 66 feet to the monument at the point of Beginning. Containing 12. 3± acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated January 12, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN ----------------------------------------------------------------- PLEASE PUBLISH ONE TIME ON JANUARY 29 , 1987 AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NY 11971. COPIES MAILED TO THE FOLLOWING: THE SUFFOLK TIMES (HAND DELIVERED) THE LONG ISLAND TRAVELER WATCHMAN ( HAND DELIVERED) SUPERVISOR MURPHY PETER DANOWSKI, ESQ. ELIZABETH THOMPSON BRISCOE SMITH NEW LONDON DAY (FOR BRISCOE SMITH ONLY) COUNTY OF SUFFOLK a � Michael A. LoGrande Acting County Executive DEPARTMENT OF PLANNING LEE E.KOPPELMAN DIRECTOR OF PLANNING January 13, 1987 i Mr. Bennett Orlowski, Jr., Chairman j Town of Southold Planning Board Main Road. Southold, NY 11971 i Re: Minor Subdivision - Kings Bay Partners ely/intersection of King Street and Old Farm Road, Orient, New York Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section Note: Final map should be referred to the Commission to be sure that there has been' no jurisdictional change in the interim. File: 1333-NJ-87-01 CGL:mb Enc. : Map VETERANS MEMORIAL HIGH WAY HAUPPAUGE.L.I..NEW YORK 1178B (516)360-51 92 i P tON ( ' D T(7&§ 31(ILD I Southold, N.Y. 11971 (516) 765-1938 _ December 11, 1986 Elizabeth Thompson 316 Mott Street, 3B yy New York, NY 10012 k Re: Minor subdivision to be known as "Rings Bay Estates" Dear Ms. Thompson: The fallowing action was taken by the Southold Town Planning Board, Monday, December 8 , 1986. RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision to be known as "Kings F Bay Estates" located at Orient for 4 lots on 23 . 44 acres with 3 . 4 acres of open space, survey dated as amended December 2, 1986, subject to; Creating an agricultural easement over the area to the south of the building envelopes . f�f We have a proposed easement which our Town Attorney is reviewing, and we will advise you further regarding this upon receipt of the Town Attorney' s opinion. We are in receipt of the Health Department' s endorsement and will notify you when a public hearing has been set. 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 PQT D T LD S Y Southold, N.Y. 11971 (516) 765-1938 January 7, 1987 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333 , Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) "Kings Bay Estates" Hamlet Orient Tax Parcel Identifier No. 1000 27 3 4 Material Submitted: Minor Subdivision - Class A(3 copies) X Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) Topographic Map (1 copy) Darinage Plan (1 copy) Street Profiles (1 copy) ; Grading Plan (1 copy) Planning Board Res . (1 copy) Other material (specify and give number of copies) one copy of the negative derlaratirn iccnarl by {-ne A�rd Waiver of Subdivision Requirements - See attached sheet x Comments: Very truly yours, Bennett Orlowski, Jr. , Chairman WAIVER OF SUBDIVISION REQUIREMENTS e{ (Man of) (Minor Subdivision-) "Rinds Bay Estates" Hamlet or Village Orient Town Rnnthnl (9l f I The following items normally required as part of the subdivision applica- 11 tic> have been waived. I Check, as required. Preliminary Map X Topographic Map X Drainage Plan Y Street Profiles X Grading Plan X Landscape Plan X Other (describe) Reason: 1) Minor Subdivision a) Not required by subdivision regulations - b) Subdivision of lot on an existing improved filed nap c) Other (describe) t 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed X b) No new roads and no changes in existing roads proposed c) 110 major site clearing and grading proposed X d) Other (describe) The Board will require profiles onthe -access road, however, t e roa wi not be a Town road, ui to Town specifications . If development has no more than four lots , still has article 6 requirement, but can treat individual wells , does not require a community system or waiver if nitrates are found. i i 1 T(�:K'� cry „'sC)�.`I•`4I• PLD T Southold, N.Y. 11971 (516) 765-1939 _ November 13 , 1986 •Elizabeth Thompson 316 Mott Street, 3B New York, NY 10012 Re: Minor subdivision to be known as Kings Bay Estates" Dear Ms . Thompson: Enclosed is a copy of the negative declaration issued by the Planning Board, at the regular meeting, November 10 , 1986 . Please let this also confirm that the Planning Board has scheduled an appointment for you at the next meeting of November 24 , 1986 , to discuss this proposal . The time for your appointment has been set for 8: 30 p.m. at the Southold Town Hall. 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 r TI Southold, N.Y. 11971 (516) 765-1938 _ i November 10, 1986 1 NEGATIVE DECLARATION { j Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Elizabeth Thompson to be known as "Kings Bay Estates is for 4 lots on 24 acres at King Street, II Orient, tax map no. 1000-27-3-4. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence from the Suffolk County Department of Health Services in the alotted time, it is assumed that there are no objections or comments from that agency. Because there has been no correspondence from the NY State Department of Environmental Conservation in the alotted time, it is assumed that there are no objections or comments from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations . Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Flack, DEC Commissioner NYS DEC Supervisor Francis Murphy Elizabeth Thompson F,•' TWIN ftNff.1R1) TCiA---% fil' 'sol '111(11.11 S L ? f y Southold, N.Y. 11971 (516) 765-1938 October 21, 1986 Elizabeth Thompson 316 Mott Street, 3B New York, NY 10012 Re: Minor subdivision to be known as "Kings Bay Estates" Dear Ms. Thompson: The above mentioned proposal was reviewed by the Planning Board at the Monday, October 20, 1986 meeting, following a field inspection. It was the consensus of the Board to request that consideration be given to a cluster of four (4) one-acre lots with open space in acommon ownership for this proposal. If you are not in favor of this , the Board also recommended building envelopes to restrict development of the lots to the North end of the parcel near the right-of-way. As per our conversation of this date, it is my understanding that you which to restrict development b_v building envelopes rather than clustering. Therefore, would you please have the surveys amended to indicate the building envelopes and forward six (6) to our office. Upon receipt of same, we will schedule this matter on the next available agenda. If you have any questions , please don' t hesitate to contact our office. Very truly yours , aA,r . Cry-�� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD 1 I� it it I �I �II�GS �'t ��T7aTfS ZG OGT. �Cp - Ili i O�Z No tue t t�Su��QL�►_S LON c /�+�lY Uo LN "'Irop tui T7' I� ojj i I I - 0 -znVej-16 o Lam, GLme- rlae_cl i a-L 8 Ca D-2--s �I it III � I �i it I v `OL!r I'la !1.1 Tltl'11{Tl T1 \1\ of 5o[, 113111.1) Southold, N.Y. 11971 (516) 765-1938 October 9 , 1986 Environmental Analysis Unit DEC, Building 40 , Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of "Vilna Estates , Inc. " to be known as "Rings Bay Estate" located at Orient, tax map no. 1000-27-3-4 . This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until October 23 , 1986 . . We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. I Very truly yours, / .( loll" tuw FsL,gvd� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services Q 46 TI 11-\. .t)F': SO.I.Yi°lllil.11 Southold, N-Y. 11971 (516) 765-193S October 7 , 1986 i - Elizabeth Thompson 316 Mott Street 3B New York, NY 10012 ! RE: Minor subdivision for " Kings Bay Estates " Dear Ms . Thompson: The following action was taken by the Southold Town Planning Board, Monday, October 6, 1986. RESOLVED that the Southold Town Planning Board declare themselves lead agency for the minor subdivision to be known as "Kings Bay Estates" located at Orient, under the State Environmental Quality Review Act. An initial determination of non-significance has been made. The Board will make a field inspection prior to any further review or action. If you have any questions , please don' t hesitate to contact our office. Very truly yours, �Ca��,c�VCLILIZ- BENNETT ORLOWSKI , JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ''�' 1986' ELIZABETH THOMPSON ARCHITECT 316 .Mott Street . 38 New York, fuY 10012 ----Telphone 212-966-4999— I � ll-LT . I ELIZABETH THOMPSON ARCHITECT 316 Mott Street • 3B New York, NY 10012 Telphone 212-966-4999 �t a__e. 7 P - 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 subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2- The name of the subdivision is to be I . . a4 -Estates. •..... .. ... .. .. . •. . . ,, ._ _ . . . .. .. .. .. .. . .. . . . .. . . .. ...... . . . .. . . . . . . . . . . . .. .. . . .. .. ... . . ... . . . .. .. .. ... . . . .. . .. .. :- .. . =3 The entire land-under-application-isdescribed in Schedule "A" hereto annexed. (Copy of deed . suggested.) 4. The land is held by the applicant under deeds. recorded in Suffolk County Clerk's office as follows see copy of contract attached Liber . . . . . . . . . . . .. .... .. .. .. . Page ... .. . .. . . . . . . ... . . .. . On . . . .. .. . . . . .. . . . . . . . . .. ; - Liber . .. .. .. .. . . .. . . . . ... . .. . Page . .. .. .. . . .. . . .. .. . . ... On . . . ... . . . .. .. .. . . . . . . . . ; Liber . .. .. .. .. .. .. .... .. . . .. . Page . .. .. .. . . .. .. . . . . . . . . . On . .. .. .. . . . . . . .. . . . ... . . Liber . .. . . . . . . . . ... ... .. . ... . Page . . . .. .. . . . . . . . . .. .. .. Liber . ..... .. .... .. ...... . . .. . Page . . . .. . . . . . . . . . - .. .. . . . On as devised under the Last Will and Testament of .. . . . . . .. . . ... . ... . .. . . . . .. . ... . . . . ... . or as distributee . .... .. .. .. .. . . . . .. .. .... . . . . .. .. . . . . . . .. . ... . .. . . .. .. .. . .. . . ... . . . . . . . . . . .. . . . . .. .. .. .. .. .. .. .. . . .. ..... .. . ...... ..... . . . . . . . . . . . . . . . . . . . .. . . .. . . . ...... . . . . . . . 5. The area of the land is . .. 23° . . . . . . .. . acres- 6- All taxes which are liens on the land at the date hereof have.been paid e9teegt . .... . . . 7. The land is encumbered by one mortgage (s) as follows: (a) Mortgage recorded in Liber . .. . .. . . . . . . . . Page . . . . . .. .. . . . . . . .. . in original amount of $231 oCC 2-41 Goo Southold Savings . .. . unpaid amount $ . . ... . . . . . . . . . . . . . . . . held by . . . I. .. . . .. . . .. .. . . .. . . -.BaAk. . . .. . address `-din read,. Soutkold, I. '. ll47l . . . . .. .. .. . .. . . ... . . . . . . . Mortgage recorded in Liber . .. . . . . . . Page . . . . . . . . . . . .. . . . .. . . .. . in original amount of . .. .. .. . . . . . . . unpaid amount $. . . . . . . . . . . .. .. . . . . . . . held by . . . .. .. .. .. . . . . .. . . .. . . .. .... .. .. .. . address . . . .... . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . .. .. .. .. . . ... . . . . .. . . . . . . . 1• f�tS Mortgage recorded in Liber . .. . . . . . . .. .. . Page . . . .. .. . . .. .... . in original amount of . . . .. . . ... . .. . unpaid amount $. . . .. . . .. .. . . . . .. .. . held by . .. . . . . .. .. . . .... . . . . . ... .. .. .... .. ...... .... address . . . . . . ... . . .. .. . . . . .. .. .. . . .. . . . . .... . . .... . . . . . . .... . ... 8. There are no other encumbrances or liens against the land -ec t . .. ...... .. .. .. . . . . .. .. . . .. .. .. .. .. . . . . .. .. .. . . . . . . . . . . . . . . . .. ... . . .. . . . . . . .. .. .. . .. . . . .. .. .. .. . ... . . . . . . .. .... . 9. The land lies in the following zoning use districts - .A Residential/Agricultural --- -- .. .. .I . . .. .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. . . .... . . .. .. .. . . .. .. .. . ... ....... . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, eK- ... .. .. . .. . .. . . .. .. .. .. . . . . .... . . . .. . . . . . . .. .. . . . . .. . . .. .... . . .. .. . .. ... . ... . .. . . . . 11. The applicant shall at his expense install all required public improvements- 12. The land (does) (does not Iie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . . .. . . . . . . .. .. . . .. . . . . . . .. .. .. .. .. . . . . .. .. . . . .. .. . . .. . . ... . 13. Water mains ns will be laid by . .none. . ... . . . . . . . . . .. .. . . .. . . . . . . .. .. .. .. ... . . . ... .... . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by Igloo (und.erground). . . . .. ... . . .. . .. . . . . . .. .. .. .. .. .. . . .. . . .. . . . . . . . . . .. . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . . . .Pone. .. . . . . — 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 "E" hereto, to shops- 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. I8. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of 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 proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc Annex Schedule "D". see attached �I 22. The applicant estimates that the cost of grading and required public improvements will be 110 Oe0 as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . . 'T° -. . .. . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE 1 . . . Eli zabetls 2horcpsom 6 19� (Name of A pli 4n , By. . f . !LZ ( t�re and Title) 316 mott at. , 3B, i .Y.,,X.7. 10012 . . . .. . . . . .... .. ...... . . .. .... .......... . . ...... (Address) fSTATE OF NEW YORK, COUNTY OF . .. .. . . . . . . . . . .. . . ... . .. .. ss: . . . . . . . . . 4. , before me personally On t e . . . . . . . . . ... ... . da fJJ. . / . . . .. . . -, 19S. er;onall came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . ex uted t s MdM Public, State o4 No - k 40. 31.76-%729a % - ;a 61'9 Yo:k G i, t y Public 14=F12E tea i;5ri Ys?„,i±�u lG38lS.1�law krif id, ifd STATE OF NEW YORK, COUNTY OF . .. . . . . . . . . . — - --.- -- -- -- - ss: On the . . . .. . . . . . . . . . . . day . . . .. . . .. . . . of . . . . . .. ..� .. . . .1 19. .. . . .. before me personally came . . ... .. . . . . . . . . . . . . . . . ... . to me known, who being by me duly sworn did de- pose and say that ... ... . . . . . . resides at No. . . . .. .. . . . . . . . . .. .. .. . . .. . . .. .. .. . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that - -- --- .. . . . . .. . . .. . . .. . . . is the . .. . . . . .. - . . . . . . . .. .. . . .. . . . of . . . .. . .. . . . .... . . . . . . . . .. . . . . - . . . . . . . . . . . . .. .. .. .. . . .-. . . . . . . . . . . . - .. . . the corporation described in and which executed the foregoing instrument; that ... ... . . . .. . knows the seal of said corporation; that the seal affixed b y order of the board of directors of said corporation. and that ... . . . . . .. . . . signed . . .. . . . ... . . . . name thereto by like order. . . . . . . . . . . . .. . . . . . . . . ... . .. . . . . . .. . . .. .. . . . .. . Notary Public J. NY BTU Fern anal(Ee,. fyrhl-CUPFRACTOF SALE j p of I WARNING: NO RPl'RFSEN I'ATI ON IS If ADE THAT Till FORM OF CONTRACT FOR TIIE SALE AND PURCHASE OF REAL ESTyI'I.COMPLIES WITII SECTION S'LI'_OF THE GF.NFRAL OBLIGATIONS LAW("PLAIN ENGLISH-). CONSULT YOUR LAWYER BEFORE SIGNING IT. 1^'I NOTE:FIRE AND CASUALTY LOSSES: This contract Parr,does nos provide fot what happens in the evens of fire or casually loss before the rule closing.Unless ddferenr provision is made ,, this cmmi.a.Section 9-1 311 of the General Obligations Law wiHapPly.One pan of that law makes a purchaser rcsponsiblc for fire and casualty luss upon taking of title to or possession or the premises. F DAl'E CONTR A('T OF SA LF nmde as of The 3 i --A- it,,of .July, 1986 PARTIES: BETWEEN M Tint: KARI�ER, E ao D KALE MIM&EL J II ROM2O GLORIA LIpS {{I and .5'BIM.EL M1AYER, , I I Address: c/o Kalb, Rosenfeld & Essig, P.C., One Pennsylvania Plaza, New York, NY 10119 heremaftercalled'SELLER",who agrees to sell: 7�I and ELIZA= 1fUdPE(N, MMIANNE C. FABS and MIATMV McCASLM and G e o rgene M r Vairo d t 0 PREMISES: Addles,. 316 Mott Street, New York, New York 10012 hercitral'ter called "PURCHASER" who agrees to buy The property,including all buildiagsand improverneors thercon(Ihe r{ "P REAl15 ES"1,more Cully described on a separate page marked"Schedule A;'and also known as: 7 F Street Address: �Idplpy Lz Map Designation: Together wish SELLER'S Interest,d any.In streets and unpaid awards as set forth In Paragraph 9. PERSONw! PROPERTY: unless specifically vxd.Jcd below. SFLLRR stare: that they are paid fur and owned h, e and clear of any lien other than the EXISTING MORTGAGFISI. They include but are n p umhing,healing, lighting and cooking f fixtures bathroom and kitchen cabinets. marvels rs, venetian Minds,shades,screens, awnings, storm windows, _ window hoxes,stun. doors. ca[her vanes, nappoles.pumps.shrubbery.fencing,outdoor statuary,root sheds, dishwashers miinrc, clothes dryer , garbage dispo,al units, rantec%. ndrigeralorn. freers, air conditioning Excluded from this sale are: Furniture and household furnishings, PURCHASE I. fat The purchase price is S 350,000.00 PRICE: Payable"follows. Of On signing/this contract,by check subject to Collection: to be held in 3 20,000.00 escrow by SELLER'S attorneys, KALB, EfISROELD & ESSIG, P.C. Ten days after signing of this contract, by check subject s 15,000.00 to collection, to be held in escrov by SELLER IS attorneys, 1SALB, FUSETTED & ESSIG, P.C. SF.EEFR. S BALANCE AP CLOSING: S 315,000.00 = - will remain cuhject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTG.AG tided or modified in good faith.The purchase Money Note and Mortgage shall be drawn on the standard f ew York Board of"Title Um1c,write,s by the attorney for SFLLFR.PURCHASER shall pay The mortgage mg Lax,recording fees and the auorncy's fin in The amount of S for its preparation. Icl If any required payments are made on an EXISTING MO . .F between now and CLOSING which reduce the unpaid principal anumnT of an I'.XISSFING ]I DRTG.YC ' w [he amount shown in paragraph '-, then the balance of The price payable of CLOSING wdI be adjusted. - agrees that [he amount shown in Paragraph'_Is reasonably correct and that only psymcots r,gajred by Th NG IT will be made. Ids If they mortgsge escrow account That is in for the purpose of paying taxes or insurance,ere.SELLER shallasngn ti to PURCHASER,if it can be assigned.In Thai event PURCHASER shall pay the s mounr in the escrow account EXISTING The 1114FMIS69 it he MORTGAGk7S): Mortgage now m the unpaid principal amount off and interest - e of per writ per year, presently payable in mslaRmtnrs of c include principal,interest, and With my balance of principal being due a on SELLER h- aces that no EXISTING MORTGAGE contains any provision[hat permits the holderof[he mortgage to ACCEPTABLI'. K All money payable under this contract unless otherwise spentied,shall be either: ENDS: a. Clio,bin not over one thousand f S 1,000.00)Dollars. b. Good certified check of PURCHASER,or official check of any bank,savings bank,trust company,or savings and loan association having a banking office to the Scare of New York, payable to the order of SELLER,or to the order of PLI RCUASER and duly endorsed by PURCHASER Ilf an individual)to the order of SELLER in the presence of SELLER or SELLER'S at[orncv. c. Money other than the umhase rice.payable to SELLER at CLOSING,may be by check of PURCHASER up to the amountof FIVE T and (PO/100 — is 500.00 )dollars,or d. As adinrwile agreed to in writing by SELLER or SELLER'S auorncy. 'SUBILCTTO" 4. The PREMISFS nrz to be transterred subject ta: PROVISIONS: a. Laws and governmental regulations that affect The use and maintenance of the PREMISES,provided that They are trot violated by the buildings and improvements erected on The PREMISES. b COnsems fonthe erection of any structures on,under or above any streets on which The PREMISES abut- c. Fn.igachmems of stoop. areas,cellar steps.trim and cornices,if an).upon any street or highway- 'Itl d_ Covenants, restrictions and easements of record- ' e, Any state of facts shown in a survey by Otto Van Tuy1, licensed surveyor, dated January 23.,,1934 and revised January 6,. 1963, provided, however, any subsequent survey does not stow any change in facts in such prior survey which would render title unmarketable. TITLE. S. SELLER shall give and FUR(HASER shall accep[such title as any reputable title cmlpaity COMPANY ,a member of The APPRO%AL', New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy,subject only To[he matters provided for in this contract. CLOSING b. -CLOSING- moms the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEI'INE:D including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a bargain and AND sale with Covenants deed in proper statutory form for recording so as to transfer full ownership(fee FORM OF simple title) to the PREMISES, free of all encumbrances except as hermit stated. The deed will contain a eovenanr by DEED: SELLER as required by Section 13 of the Len Law. Directors authontmit the sale and delivery of the deed and Ib)a certificate b is ant ecretary of the corporation certifying such resolution and - s owing that the transfer is in conformity with the requirements of a usiness Corporation Law. The deed in such case shall contain a recital sufficient to CLOSING 7. CLOSING will take place at the Office of KALB, ECSENFEIO & ESSIG, P.C., one Pennsylvania Plaza, DATE AND New York, New York 10119 PLACI'. at 2:00 PAL n'elack on October 15, 1996 BROKER. g. PUR('l1ASl'R hereby :u¢s[ha[PURCHASER has no[dealt with any broker in connection with this sale other thidiR ERA AT AGENCY, 15400 Alain Bond, Mattituck, New York 11952 and SI LLE.R agrees is,pay the broker the commission earned[hereby I pursuant to separate agreement). when,-as and if title closes. STRI LTS 9. This all mdudv+all ul SI LLI:R S Ownership and rights. if any. in any land lying in the bed of any street or highway, AND opened or proposed,in trnni of or adjoining the PRE%it S ES to the center line thereof.It also includes any right of SELLER ASSIGN- to any unpaid award by mason of any taking by condemnation and/or for any damage to the PREMISES by reason of MENT-01 change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER,at CLOSING,or UNPAID AWARDS: thereafter,on dm eand,any documents which PURCHASER may require to collect the award and damages. MORTGAGI15 (I RTII K Af1. ('EOSIN(: signet by the holder of each F.XIS"TING MORTGAGE.AGE, m form for recording, ar[if n of the OR LI TO R AS unpaid prtn�4 �C ate of maturity-and rat�s�ic .TOI XISTING SELLER sr recording such cenier of a mortgage is a bank or other institution as t10R"I6AGL tSL Defined in Pen may, certificate.furnish an unqualified letter dated not more than thirty CLOSING containing rmation. SELLER hereby states that any EXISTING GEwrl1-mt+,- A f I 1 1 ar r-QSLNG. (OMPLI.AN("I 1 1. . - Is wl.l'll Sl'A TI' noted in or i.sucd by any governmental department having authority as to logs,fire,health and labor AND Lt)nditioniaLl gEhePRFkIIS[SatihedaS shall be Transferred free of them at CLOSING and NIL Nl(Il'XL LITT,P F I LI R haii [ h PURCHASER HASER th any authorizations necessary to makethe Fit PAR I%it Nf R - - .. %JLILA I IONS .AND ORDI.RS. r Ns11T11 Tilt b 1.1R 1- - - - PROPERTY, [ IS NOT IK THE CITY Ol- NE:W YORK' - INS IALI-Nli N'1 - ASSISSsII Nl'. im Wlmcnl+ En or t e purpasevo[[his contract all[he uvpaid APPORTION- 13. The following are to be appo.Trxx`,srd as of midnight of the day before the day of CLOSING. Y MEATS: ' (aJ- .. q Prourm xCm existing transferable • - - - 1. '.Idl Taxes .m' ,on the bass 6\ of the fsewFperod for which sassed lei - 1-ieii If CLOSING shall occur before a new tax rate is fixed.the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the[arcs(assessed valaauon. Ins Any errors or Omissiuns in computing apporlumments it CLOSING shall he corrected. This provision shall survive IA r CLOSING. I I' �W�ATER -H/lI�P .ADITER - /f11f/�,1� READINGS ALLOWANCF 15. SF.LLF R has the Option 16 credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid TOR UNPAID taxes,assessments,w.v el w.w,es,together with any interest and Penalties thereon to a date not less than five TAKES,ETC.: business days after('LOSING.provided Thar off icial bills therefor computed to said date are produced at CLOSING. ' Usk.Of 16. If there is anything else affecting the sale which SELLER is obligated To pay and discharge at CLOSING,SELLER may PURCHASI' u,e any pn1t1un of the halarrcv of the purduac rice m discharg e gv y As an alfernus di charge!R may only if The money with the PHII'r.lU PAY title Insuun.v cool pant ens pluycJ hY I'UHCI LLS F.H mgwmJ by it TO asaum m Jucharge, but only d the title insurance ENCLU company will insure PUR('IIASER'S rtla clear of the matteror insure against Hs enforcemem out of the PREMISES.Upon BR.AN('ES. request made within a reasanable time before CLOSING, PURCHASER agrees to provide separate certified checks as regnasted to assist in clearing up these mailers. i AFFIDAVIT 17. If a title examination discloses judgments. bankruP[cies or Other returns against persons having names the smite as o[ AS TO similar to that of SELLER,SELLER shall deliver a satisfactory, detailed affidavit at CLOSING showing that they are not JUDGMENTS, against SELLER. BANKRI IPT- Cles. DEED Ill. At CLOSING, SFLLER shall deliver a certified check payable to the order of the appropriate State,City or County TRANSFER officer To the amount of any applicable Transfer and/or recording tax payable by reason of the delivery or recording of the AND deed, together with any required tax return.PURCIASER agrees to duly compete the tax return and to cause the check(s) RECORDING and the lax return to be delivered to the appropriate officer promptly after CLOSING - TAXES: iPURCIIASERS 19. All money paid on account of this contract,and the reasonable expenses of examination of the title to the PREMISES LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and calleerab[e out of the PREMISES.Such liens shall net continue after default in performance of the contract by PURCHASER. t SELLERS 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract,SELLER'S sole Liability shall INABILITY be to refund all money paid on account of this contract,plus all charges made for:(i)examining the title,(u)any appropriate TO additional searches made in accordance with This contract,and(ail survey and survey inspection charges.Upon such refund CONVEY AND and payment: this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further LIMITATION rights against the other. LIABILITY: CONDITION 21. PURCHASER has tnspecled the buildings on the PREMISES and the personal properly included in this sale and is OF thoroughly acquainted with their condition. PURCHASER agrees to purchase them `as is"and in their present condition PROPERTY: subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the 9-1 1 ENURE 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It AGREEMENT: completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contracr- CHANGES 23. This contract may nor be changed or cancelled except in writing. The contract shall also apply to and bind the MUST BE IN distributees,heirs,executors, administrators. successors and assigns of The respective parties. Each of the parties hereby WRITING: authorize their attorneys to agree in writing TO any changes in dates and time periods provided for in this contract. SINGULAR '_a. Any singular word or term herein shall also be read its in the plural whenever The sense of This contract may require it. ALSO MEANS See Rider. PLURAL: In Presence Of: / �'(�"'`^"-i"'✓ L/ u J_ `sc. SHMEY t A C- : i— n1AAI C. FARS, Rser GCny M �� .li!!4chaser Q F.r)R C3 F.PI F. M . VATR0 - P11 rr h as=r Rider to Contract of Sale dated u t% f 3 1 i 9 FL between Gertrude Kartzmer, Harold Halb, Michael J. Rosenfeld, Gloria Lipson and Shirley Mayer and Elizabeth Thompson, Marianne C. Fahs and Matthew MCCaslin arid Georgene M. Vairo 25. If Purchaser defaults hereunder, Seller' s sole remedy shall be to retain as liquidated damages the down payment and the ` additional payment to be made 10 days thereafter mentioned in Paragraph "l(a) ", it being agreed that Seller's damages in case ' F of Purchaser's default might be impossible to ascertain., and l� that the down payment and additional payment 10 days thereafter r`fJy� constitutes a fair and reasonable amount of damages in the circumstances. fr 26. The failure to make the prompt payment required to be made w ten days after the execution of this contract as well as T ) + Purchaser's failure to close title-on or before October 30, 1986 shall be deemed defaults under paragraph 25 and in the event. of either of such occurrences, the Seller shall be /entitled to retain all such sums as liquidated damages. 4127. the Escrowee shall only be required to retain the down pay- ment herein Jor a period of four ( 4 ) weeks from the date of the execution of this contract in order to give the Purchaser anop- portunity to obtain a title policy. If Seller' s attorneys are not advised of any objections to title by such date, then the E!scrowee is authorized without further notice to Purchaser to ! deliver the down payment and the additional payment due 10 days thereafter to the Seller without any further obligation on their part. 28. The closing date at the request of the Purchaser for valid reasons may be adjourned from October 15, 1986 to a date no later than October 30, 1986. However, in no event shall the Purchaser be entitled to any further adjournments and the pro- visions of paragraph 26 shall apply. 29. The Purchaser has been advised by the Seller that the land which is the subject of this contract has been rented to a farmer, Mr. Sepenowski, for the 1986 growing season. Purchaser agrees to take title subject to said oral agreement of rental but shall not be entitled to any adjustment or allowance of any rents received or to be received by the Seller from Mr. Sepenowski . 30. Purchaser acknowledges that the Purchaser is purchasing the Premises "as is" . In making and executing this Agreement, Purchaser has not relied upon nor been induced by any statement or representations of any person other than those, if any, ex- g pressly in this contract of the title to, the physical condi- tion of the Premises, the rental or other income, if any, zon- ing, the possibility of a subdivision for the Premises or any other matters affecting or relating to the Premises or this transaction which might be pertinent in .considering or making this execution of this contract. a 31. Purchaser agrees to accept such title as any reputable title insurance company in the State of New York will approve and .insure subject to the liens and encumbrances set forth in paragraph 4 of the printed portion of the contract of sale. The printed portions of the title policy objections sheet shall ' for the purposes of this contract not be deemed objections to fc title. 32. Purchaser represents that it has not dealt with any broker other than Era Aibo Agency and if a claim for brokerage commission should be made herein by any party, other than the said broker named herein by reason of the acts of the Purchaser, then the Purchaser shall indemnify and hold harmless the Seller from any and all claims, damages, liabilities and ' I expenses including but not limited to reasonable attorneys fees incurred as a result thereof. This paragraph shall survive delivery of the deed. L SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, in the Town of Southold, County of Suffolk. State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of King Street 13.6 feet southerly along said easterly line from the northerly line of said King Street; from said point of beginning running along, lands now or formerly of Tabor and Rackett, two courses as follows : 1) South 80 degrees 21 minutes 20 seconds East 631.22 feet; thence 2) North 65 degrees 43 minutes. 00 seconds East 856.96 feet to land now or formerly, of Rohloff; thence along said landiof RohYoff and land now or for6erly of J,ohu Jagger, two courses as.. follows- 1) SoiirJti 64 d,egrees 09 minutes 10, seconds Feat 473.63 feet; thence 2) South 29 Aegrees 55 minutes l0 seconds East 5,46.97 feet to land - now or formerly o£. W.!C,tzeaburg, [hence along said land of LPitzenburg, South'76 degrees 13^m;inutes 50 see ndsL W'esc 31._44 'feet to.-land_now or furm.sly ut, 1aL.,i; L1ac.acc aluag land lasL -mcwtioned five courses as follows: 1) North 25 degrees 18 minutes lO seconds West, U6.65 feet; thence 21 South 61 degrees. 23 minutes 20 seconds West. 512.83 feet; thence 3) North 28 d.egrees 21 minutes do seconds Wes , 94�.,70.feet; ' [hence 4) South 65 degr.ees 14 minutes 20 seconds Wkst i64.96 feet; thence 5) On, a tie lipe, course South 49. degrees 59; minutes• 30 seconds Wee[ 503.04 f,eec;. thence along land now or forme*t y aflTahbr and along land now or formerly of Nelson Douglass Estate, North 32. d eea Di" minutes 50 seconds Wrest 345.68 feet; thence still along� sa;id�lid.now or former- ly of 'Nelson Douglass, Esta te, three courses as 1) Naitherly a�out 110 feet to a� point which Is,N`;,b�th 2 degrees 41 minutes OQ seconds West 106.10 feet from the la t 'd bed paint; thence 2) North 29' degrees 18 minutes 50 seconds W £ 70, feet; thence 31 5�6tb 75 dieg..rKes 17 minuses Op seconds W t, 48 feet to: said easterly Line of King Street ; [hence along, said!•egstr_ l line of King Street: North. 4d degrees 00 minutes 10 seconds: Wy sC• �i�.78 feet to the point or place of beginning. b 1 1 DECLARATION OF COVENANTS AND RESTRICTIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT KINGS BAY ESTATES This declaration made this day of _*6wk, 1986 , by KINGS BAY PARTNERSHIP, residing at 316 Mott Street, New York, New York 10012. W I T N E_ S S E T H WHEREAS, KINGS BAY PARTNERSHIP is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, KINGS BAY ESTATES, a subdivision situate at Orient, Town of Southold , County of Suffolk and State of New York, filed in the Office of the Clerk of Suffolk County as Map Number on the day of 1986 , and WHEREAS, said KINGS BAY PARTNERSHIP is improving said premises as a planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers; and WHEREAS, KINGS BAY PARTNERSHIP is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots , their heirs, executors , administrators and assigns or other successors in interest, NOW, THEREFORE, KINGS BAY PARTNERSHIP declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until after which time they shall be automatically extended for successive periods of ten ( 10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded . However , notwith- standing any of the above , the provisions applicable to the surface water drainage system, i .e . , Paragraph 11 ( f) , shall continue in perpetuity. 1 . Construction Requirements . (a) Type of Building No building shall be erected, altered , placed or permitted to remain other than one detached single family dwelling not to exceed two and one-half ( 2-1/2) stories in height and a private garage for not more than three ( 3 ) cars . (b) Accessory Buildings No carport or other accessory building of any kind may be erected except: ( 1 ) a detached garage, (2) an accessory building used in conjunction with. a swimming pool , (3) a tool shed for the storage of lawn maintenance equipment and other maintenance equipment used in conjunction with such individual lot. (c) Swimming Pool Private swimming pools may be constructed on any lot provided they are situate in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. No above-ground swimming pools shall be erected or maintained on any of said lots. (d) �To part of any building and/or structure, except uncovered steps , stoops, terraces , patios and chimney breasts shall be located upon any lot within seventy ( 70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty ( 40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however , that the width of the side yard abutting on the street other than that upon which the lot fronts shall be not less than forty ( 40) feet. (e) Approval of Construction Plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by KINGS BAY PARTNERSHIP, its successors or assigns , prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of KINGS BAY PARTNERSHIP, as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the KINGS BAY ESTATES community. All exterior construction, painting and grading shall be completed within one ( 1 ) year after commencement of construction. (f) Building Modifications All permitted accessory buildings and additions or other modifications thereto, and any modifications of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling , shall conform in architecture, material and color to such dwelling. Any attached addition to the intitial residential dwelling shall not project more than five (5 ) feet beyond the front' wall of the dwelling or structure as originally app[dved. 2. Restriction on Division and Use of Lots No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one dwelling house be located on any lot. 3. Signs. No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of KINGS BAY PARTNERSHIP, its successors or assigns . 4. Trailers , Tents and Shacks . No trailer, except a boat trailer , or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer, or tent, shall be located, erected or used on any lot for a continuous period exceeding five (5 ) days , and shall be subject to any state or local law, rule and regulation thereof. No motor home/camper shall be placed on any lot for a continuous period exceeding five (5) days, and shall be subject to any state or local law, rule and regulation thereof . 5 . Annoying Activities . No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or ' nuisance to the neighborhood. 6. Trash. Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in an underground, closed receptacle, placed inconspicously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises . 7. . Driveway and Park Facilities . (a) Construction of Driveway i KINGS BAY PARTNERSHIP, hereinafter referred to as the subdivider, shall install driveway improvements . No title to land in any such driveway opened or laid out by the subdivider is intended to be conveyed to purchasers of any lots, and the subdivider reserves to himself a fee over all land lying in the path of any and all such driveway. (b) Park Area Subdivider intends to set aside, as indicated: on the subdivision map, a park area for the use of the owners of lots and their guests and invitees . (c) Road Easement - Use of Park All owners of lots , their guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others , at their own request, over the driveway to KINGS BAY ESTATES, shown on said map. So long as the subdivider maintains dominion and control bf the park, all owners of lots are hereby granted the right to use (pursuant to reasonable regulations from time to time promulgated by the subdivider or by any association of property owners succeeding to the rights of subdivider) in common with others at their own risk,- the park area. (d) Upkeep of Driveways _£After installations provided for in (a) , each lot owner shall be responsible for one-fourth ( 1/4 ) of the real estate taxes attributable to the driveway. All decisions as to snow plowing, upkeep and maintenance of the driveway, including decisions as to the extent yV Cl and cost of any repairs thereof, shall be in the exclusive discretion of subdivider or its successor in. interest, an association of property owners as hereinafter provided. (e) Qpkeep of Park Area 1 Each lot shall be responsible for one-fourth ( 1/4) of the real estate taxes attributable to the park area. All decisions as to the upkeep and maintenance of the park area, including decisions as to the extent and cost of any repairs thereof, shall be at the exclusive direction of the subdivider or his successors in interest, an association of property owners as hereafter provided. (f) Surface Water Drainage System In order to insure that the water drainage area shown on the subdivision map shall function properly, the following covenants and restrictions are hereby imposed upon the water drainage area (herein referred to as the It drainage area) . ( 1 ) The owner of each lot abutting the drainage area shall maintain drainage area thereon free from leaves , debris and other matter which may impede the flow and/or percolation of surface water over or into such drainage area. (2) No trees, shrubs , planting or other vegetation, except grass , shall be planted or maintained in the drainage area without the - written consent of the subdivider or its successors or assigns , and the Planning Board of the Town of Southold. (3) No sabd, gravel , loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the subdivider, or his successors or assigns and the Planning Board of the Town of Southold. (4) No fences or other structures shall be placed or maintained in the drainage area. (5 ) The subdividers or its successors and assigns, the association of property owners shall have the right to enter upon the drainage area and to construct, repair and remove such drainage pipes , culverts, catch basins, sumps, and other facilities and to perform such excavation, filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes. (g) Payment of Contributions by Lot, Owners j While the subdivider holds title to the drivewar and park area, he will pay the taxes and expenses mentioned in Paragraphs (d) and (e) above, and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the subdivider by the then present lot owner within thirty ( 30) days after said bills have been mailed to such present lot owner . In the event that any such bills are not paid by any present lot owner, such charge shall become a lien against any such lot. h Maximum contribution of Lot Owners In no event, while the subdivider holds title to the road and park area, shall any lot owner be required to pay a sum in excess of One Hundred Fifty ($150 .00) dollars per annum toward real estate taxes for° the driveway and park area for snow plowing, upkeep, repair and maintenance of said facilities. ( i) Property Owners' Association ( 1 ) At any time after one-half ( 1/2) of the lots have been conveyed by the subdivider, the subdivider may decide to transfer title to the driveway and park area to the property owners' association. (2 ) If a conveyance is made to a property owners' association pursuant to ( 1 ) , then: (A) All costs and expenses associated with the driveway and park area shall thereafter be borne entirely by the property owners' association. ( B) The owners of all lots purchased from the subdivider shall be members of the property owners' association. ( C) Each member of the property owners' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners' association. i (D) Each member agrees to comply with the regulations for the use of the park and driveway facilities enacted by the property owners' association. A majority vote shall i be'.requried for the enp.ctment of each such regulation. (E) Upon a majority vote by the members of the property owners' association, the title to the park area shall be dedicated to the Town of Southold. (F) Upon a majority vote by the members of the property owners' association , title to the driveway shall be dedicated to the Town of Southold. (3) For the purposes of ( 1 ) , ( 2) (D) and (2) (E) , each lot owner shall have one vote for each lot owned. ( j ) Conveyance or Dedication of Roadway ( 1 ) The subdivider presently intends to convey title to the driveway and park area to a property owners' association consisting of the lot owners. However, when and if such conveyance shall be made , it shall pass in the sole discretion of the subdivider . (2) In lieu of conveying the driveway or park to a property owners' association, the subdivider reserves the right, in its sole discretion , to dedicate the driveway or park to the Town of Southold without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein. (3) If the subdivider or the property owners' association decides to dedicate the driveway or park and the Town of Southold requires any instruments to be signed by any of the persons referred to in (2) above, such person or persons shall execute such instruments upon written request. If such executed instruments are not received within ten ( 10) days after the written request was made , a lot owner , lien holder or person with any other interest therein, hereby authorized the subdivider or the property owners' association to execute the required instruments as its special agent. J (k) Utility Easement An easement along the driveway of said map or any other area, necessary is hereby specifically reserved for the erection and maintenance of poles and wire and conduits and of all proper and necessary attachments for electric power and- telephone service and for the construction and maintenance of any utilities, if any, provided, however, that said easements shall be over areas designated by municipal or public utilities authorities . 8 . Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 9 . Enforcement shall be by proceedings at law or in equity brought by KINGS BAY PARTNERSHIP, its successors and assigns , or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 10 . Failure by KINGS BAY PARTNERSHIP, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter . 11 . All of the fore§oing restrictions are intended to cover only the plots shown on the map of KINGS BAY PARTNERSHIP and are not extended to any other property now or to be owned by KINGS BAY PARTNERSHIP or any of its general or limited partners . 12. KINGS BAY PARTNERSHIP hereby reserves the right to alter, modify, Lerminate or annul any of these covenants in whole or in part without the consent of any person, with the exception of the. restrictions and covenants pertaining to the surface water drainage system, i.e. , Paragraph 11 (f) which shall continue to perpetuity. KINGS BAY PARTNERSHIP: General Partners : Marianne C. Fahs Matthew McCaslin Carol D. Quackenbos Elizabeth Thompson Georgene M. Vairo i Limited Partner : Warren V. Musser sue- N Ua� !�y Georgene M. Vairo, General Partner as Attorney-in-fact for the above named general and limited Partners . STATE OF NEW YORK ) ss . : COUNTY OF NEW YORK) On the l91I& day of , 1986, before me personally came Georgene M. Vairo, to me+kown' and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. Notary Pub is DONALD L.MAGNEM Notary Public.Stag of New Yak Nm 314707001 Q,,Uf d in Xa Yak Cooq Yam Espta 1YRk 1Y,lrfn7 nor sx(�i:aisloa King, Bay Estates SO�T�LTLE E - _ Cost of grading and reanire& Pulzlic improvements: Electrical lines -110,000. Driveway 20,000. Gonti.meency lo,0wo, Total �?0,000, EP 1986 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Zings Bay Estates Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to 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 in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Elizateth Thomzsoa� I,1, 141 G4(91641 1c ..�J 'I PROIEC7LD.NUMBER I1 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION _ DIVISION OF REGULATORY AFFAIRS u s l State Environmental Quality Review SHORT ENWRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only EP ( . PART I Project Information (To be completed by Applicant or Project sponsor) - - 1. Applicangsponsoc 2. Project Name Elizabeth Thomason Kings pay Estates 3. Project location: Municipality Orient County Suffolk 4. Is proposed action: E6 New Cl Expansion ❑ Modificationtalteration S. Describe project briefly: ` 3.4 acre lot to heepme a monor subdivision (4 lots; j ipf ! 6- Precise location(mad intersections,prominent landmarks,etc.or provide map) - see attached map I 7" Amount of land affected: Initially 23a4 acres Ultimately 23,4 acres g. Will proposed action comply with existing zoning or other existing land use restrictions? ICI Yes ❑ No If No, describe briefly 9. What is present land uie in vicinity of project? �,r El ResidentialEl Industrial ❑ Commercial ® Agriculture NJ Parkland/open space ❑ Other Describe: krea is i st -outside Crient village, Predominant use is mingle family detached residertiii with some fart-land and parkland. 10. Does action involve{{a�ppermitiapproval,or funding,now w ultimately, from any other governmental agency(Federal,state or Ioca11? ❑ Yes L No If yes,list agency(s)and permit/approvals 11- Does any aspect of the action have a currently valid permit or approval? ❑ Yes No If yes,list agency Rame and permit/approval type s 12. As result of proposed action will existing permitlapproval require modification? ❑ Yes 91 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE li APPlicanVsponor/name Elizabet{ fhomrson Date: 9(4/86 5ignamre: Z e i I 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 Q � 7 p �-- To oKIEN'f VIU-AGE 1 i KIUGS �nY �sTA7Es � � Otis sT � _= co C" 0 100' ad 900 qob' 5001 M HAP / oK16N4, WY YoP-K 11 Y M1[bl Z Ilnl 9f uYln � / - _ � N � \ v NII IIIM 1�P MVM1I nll , -. „ y ' nle "e of•.I v! vL a ule a` ,1 - '.¢: . 'O]'V2] 40 21rk1 rOPO Ij N PIR[!1 M1 Clnl 6lslel HIkN [f Wilk, •]•1[I •.[O; r�fT Or.. 102q[I \ Awl 2.2It FD2 y 3 Awl / iI•kl r� V J ♦k •[. / ) J V ]]]kl Q M4 D y � e.14 O gi 1 2,5 2.1 ulal, 3.3 n]kl U• fd i 3.4 TA 12.4 T C— at a-e N r IY• \ �[� •] \td �, a?NIA � vb0 � �� ��JI �•/!.I r N Y I i x�C ! •• tO A ••%r I -1wti N t Mfall I yl I Mill • .s \ \val 4\ \ Z`\�xL N \ I LASER FICHE FORM SUBDIVISIONS Project -twe: Minor Status: Final Approval SCTM # : 1000 - 27.-3-4 Proiect Name: Kings Bay Partners ;Location., The property is located on the east side of Kings Street approximatrly 480' nbrth,of Hog Pond Road in Orient 4 Harh1'et: .Orient 'Applicant Name: Elizabeth Thompson `Owner Name: Elizabeth Thompson jZone 1: A-C ;"approval Date: 3/13/87 !'FLAT Sl ftd Date: 3/13/87 II C I OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association R and M Agreement: Address: County Filinq Date: SCAN Date: / MWO/2 Sur :. , X,I K ll\J(3,5 9/--� Y P. 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'v �-----mot+ ,.......mom,...,... � R�1,� `�. 'V,.+",. V 'fw'. r y p ,^^"' l+l }did' ..,._V.,. 1-,w +1 r%w�n w'1 41 . RE""BYED BY 3Ji1 �4 ���1�1�� - "Y t t� is ia,t ff1t a',,,lil�`,����bi *ai���il�'ij'�,�`�'�_�rj !`•./" i ,� � - 1�a/, s�,�f, �Gr��`�.t� �' ' ze v_ � , V �.,. -9.0 ill / \T� �/: t^ - - .. YP OL I tea. sox z8 / AT 1 aelnvr, N. rr95� 71fJW N—�.��SpuFYKCJ4+C7a /V, y. � •cod SU / t i / / , ,��� � t i -„ � � 1- r.a:ml ' i 1 - cwonn % Hmert� "�� p 4 moon Imnnl'inn4eitlonvntn ouMe9nnt It AV- 1 f ,off _ /. .Suffolk COurrl y 7,7K parcel: r000 - 0z7 -3 - •4. Ca / 6p Ar. Prternlee:� clyd? in 8aildtnyr zone / Q 3. c/evaflorss arrd con toursJcrom Count to/(io magi. oP�N / I, '7�,b ,! al. uroter-au6161Y and sswaye- d/o'iod4/ eysfems oval to ea#forrrr Wa, s�ff. co. Neap^ Depl': sltandord'6. No r%G. V c.. T..s,zr1� 4-6, a1o. �5626. �t . 7(0) 1986 `� '_ o Co��a and r`o �� 6rlY✓E!/-fEG� h'�i"�/w> � / 7f, i �oFNek, MaA'bad Oct. 8, 1986. �' O � GK V'qitqTua`--- _6/f,EJ _ t.». i � 1 a"�Wiu�9:tj '� /'�. � t»�--• � _ 50 / O ''�• ysE LAND'J w LQrsd Ci�01u: I�i a _ FDC. ' / o 41Cezrt6pd 4reekl�rti!', 1vf. �'. rect No/a 3 s zr�gcos.F, Intl, o.u, ) 5. 0 qC y dar-e: - ,t tesrt — •5� � � n ate„ b /1 a/ hole ro ram � .1 � � a MOndrrlen l' b rosun \ O )Moe datfd C fErr ce - f - zz ooarae �, i pa �� sa/cd - y�• w.//-sr ti 1 N Ilk A 295 55 lr" i �i RECEIVED B6 � a d d e. p4 s.6S /4'2etl'W. - 2E9 li g 5.p3. /64. 96 2 % . SOT� DATE W � " (file line) S � • z,.ls z� s i y w Now or Fa/^rrrerla ab 6 SSrZ,83 il J 5.61 ' �23 'Zo"W. Ll � f J 1� �_3/O /3 50"W. � sca/e _ 600= 7 lIJ/Nolz SLl9DlV1,5 ` 1 , K N65 BAY PAX:27 ,5 1 ✓ 0 �� a � - -ate Tl Pa. Box Z89 -- ---- T— — -- �'. I a2arerorse'a_ -i1 a\\ � TUV,IN - - - - � _ G.= SCUTHOI-C N, Y. " o �'.� j I vo✓�`'-^-s_ � 'I I _SCALE: /00._ l.r o ell, �� j AFZ A 23. 44 A crzES 7"0x Pdreel- toad - 0Z7 3 4. ' A Z. Prernise6 Cra in 8ui/din9 Zone I cQ ; �.� 3 91evg2'1',Pns erid con toursf rOm CaUnTrZ� t jbo vab. o,o _ �Q,b � } 4. water-au(�p/y Anf} setvgye-• disrboaq/ systems wili � ''' s,o '63. �, , ' . eorafarm �d Suff: CO. NGd/tFt DGp'f; 6tundovd6. 4-Z. Aeo. zsca6 . ;,� ;-C• J ,� N.6S'43 "0:7"g_ '1,q1 � �O.pS .� 7pSsd, n` ocf. 1 C, 27, 7986 I y� ,� 9/a;� _--_ - - /✓� .`.. — -��_-__ ___ __-- _ __— -_ y -_ �- C �, i 7S IIS kv $e OF NEy,r nac ed o i B S8b a "<J h 1 .Y 'C.V. Vgry L as � 09 N , , . j ry yQe ,t e , � 11 2odev>ick. van Tu t. LAND SJ� LicestSed Land ,vurvey©rS Y. ' f� 7-e6{' Ho/e � � I � t r •hci- r; c.ur., 5.0 AC. � I darK 1 P N �11 test JI �y O �.� hole � a c Monutnenf- 01 IV bro.urn I coarse m U rD' 4 C P I :zo le gravel 1 n- �d'U� ferl cr_ 'I sand z 0 EA UE- 0oW $mo m` '_.a� � � c'oa .-''LDUm ° uinL Etiem5.61 ' 23 . Q. st SLZ83 comma'c c m c �ONm Oj� Om, E5 a� On Z6- y MAP �J n scare : hoo'= I" r 'vl /A/ p- Su&d/ Vl.;aIoty G- BAY �r PAQ n� �2 N all, P a. Box Z$9 orzrshlr, N: y. n957 ©RIZFNT .• � � _ __._. ._,. Cn In n'IflF 00MYRbpR .nrc�n•e*mb Nnrn ai T"(Y1+4lV�J ©F SOCJTH€71s.47�� h!. Y, s�-.<�n.��.m,nRnma to L_rvnlPo bun agry. I 1 ' i i '' i - cmvwmv C.rem fd wlwnd i,n a+zr.2 cRm Rn Ne EMWIi .c4 S � ' I�-_'�•L �� I comp Y.neocanim.mlcA x _ I SCALE : 100 /" cnmm,,�nmalrcbn was�nRr«n 9o✓_c - 1111 to mn wc+t+.0 al uw hRevrcil I :uiw.Gu rmfine xc RW rmY � gfi. � '� _. ;'1� ' i r:�;IwRvurw9wdonu.r wns, , , Y zo., ���y� ; , - Ark A : 23. 44 A cr266 C� F 'ew _ -- - ---------- .0 qq z i• - `1 N�f•�S 1a - f • i � s -- � Su o!� C.Qurtt rax r=artel: roan a27 -9- f. f a / Y i iZone II'k _ r+emr er re r�Zo e 4 0 9 } r to r t u a nt a ornd�'lev�i�rs drrd con s cn C u t rf' � y f '+1 ,t. ulatsr-au / and serwa a- die oaa/ a s erns evil/ i eodforrrt Wo d'ufff. ec, Fleafth� t�e +'t, s�'andoro'�. ) uo. ZS626. wo Cr o E 4 � •) � Yl72 dG DC S 27 II,�G, ,Z 66 � I' i az�o y � p �S 6U�sr�drf'7'"B�a` to Title U. S fi. /r?dt/rar1G2 o.>� — — 4% / �o Carrrb. crrd to Scaufrro/d 5uvd'a s Barr �i9ht - p� - 'r �' S d6 d1UYYe1!!� d rY�GU '7',, I S3sq OF NE — F W 11✓. 3Q/- /1 N i I tip V. �O .a cv, ,V P Rd e n y `7 m pdd ' O. r . r-�_ .. . .W Mom; M47�7�7Add Oct a1 1986. hsFOIANDSJP, S W �1 _•lob �ld" �, 8B 4 d- olJ V1ply/'gry � � � S,0_ AC. / - - -- - -�-- 6u drr� - an✓e/a�r6a-� ."�� J .` Gr'faL"1yj�id"N't', ' M. Y. AG. fv io dnrK a,•a.vrr '� N ' � qp / bole ^F �� _ _, >, _ d �.Y. ° a, Marrurnrenf• naa'm— z.4 — 7.Z ra CA 4 b s owe Co<7dPle to 0 �i y / �St RECE" survd W^'F:i dE.3 By a 2 � 50UiNUIU I6'I,,, ,, �;;�7!. U BOAR! DEC -9r. uidtsr Al.9 N - x -_•�.. - . EY DATE - li - - 3 5 di,. ._ 4 2 9 5 S, 0 3 t 5 12 qqr,, ✓ �9 ,wag- �g Now or• �'aiwr�9 !rr' ! ,f. r`nmr',rrb:y+ ;� "� i i, . . ., . � �l,li, , „_„�"" , ; ,., , . ..,. . � _ ,y��.�. '+'�'""b'.1.;• `rv5q°.'wy'� 'wmetd-^ r- c �M,:w µ.�.,-„ .-rw+w.w�"`"t^r,��+� ..M»-..-,1 .ten-.�«ry: aec•a,. xw. �� �� j 1: v 14 i i ,...-..«_....w _u-��"...lr_Jy_.-._vu. ._ .-..._-+� �_ � � v.. �u...L_. ..J�+au�.+tll:..Mw ,Y,�:;`d.rOv..u...-.:,1az— 'uG11:'Y:n,:..i 7i.•;1 �� I r � I t ' � t `�31 I • I t . of \YA`f I ,4. F�0� 14 ME CE e �7 i, \. oF-i N isT� i � r /., RECEIVED By / UUUTP LD TP��re rr e•a.'rr .^ Rw^, 2,7 of l sI�E P�4 8 Eats'( \VE57. e,- VAT 1011S 2 Fo�►�DA7 gnu PI�I� � 5TF'C:�1U�'•1.1. �P�4�1 uc, Pr�E-� 4 3 FIpsT F=fo FLAW to VA e-5� i jo 1 FWjM 51uG �- souT� ��E�ATloul 7 uorzTN E�Ev�'(loE-� . Job Date 1 1 f Elizabeth Thompson - Architect F , New York, N.Y. Orient, N.Y. Title Scale 212-966-4999 516-323-3873 { 4,1 17 � Art" } <aA '-� _. } �,- �j 1-.� t. }r , •, xM_ a r+ ... 14 � .14 440 i C¢ Y} { , PECEIVED By f . may.• ) , ~ a ! 4 � -tom x� € '° f� f ,,. �:::" �;�`� �q,. l� ,•�4$ � .� I j i 't2t1t �s";cICE c } �� �;, 14, x M)cd�r �Es' k�! 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Peerr,is63 are in 8ui/din zone c 93S#fir "ii#?}a« i#3>3�Ns �3ftrt ' M f 3- E/EVOJ''ions oMd contours f�•o.srt County too rna�. i pF,_ ob �. tuatar-au��(a/y .rnd sa.vaye-dia�ioaa/ systems will I t�/ SA asp p� eonforsrf f°o 3ufjc.Co. Nsaltk Aaa't. 6tarrdaedd. qc� t2 ! / Do no / C.�1ll�T—s$- G.s. uo. 25'az6. 856.96 . AmEndBd OCt./5�27,alC.Z/dS i� z w m y z7/.a ✓on.b'/9�7 t m a op o ilz / •,s B3 P �auoron teed to Tr'f/e U. a A. /rl6urerl ce y f�r A ' o Cor�, and 'o Souiho/d Sov/.tgqs sank T a so ds surve�a d May , /964. �,o. 3B/4g mil% G oc1 36•S6 N 10 r A r-•+ .o- ,. J, , - N- T�CQn N�1•e ••Y • t ' N '� � o ;� � cw-s.r�..vr,.•r.-MO��Bd OCR:8r JSB6. y '•r'�o-*tom { ..w...+r m.o.,r.- 1 b.ri/diy ° ` •.•a..n,•n.-,.�• 2oda rich: Yrtf Tufr/, P.C. � i....��. g er<•m e,— . : O 5 C• tHei/y - /rosit cf I 3 -� "•�"`,.,.rG n.t�.c.=liic¢n Sed Lard Survs ors • a { oo A s oo A C. brrder.,y .nvelo�acs- w Y Grsen�ort, 1Y. y y R D tE OF NEW OOH C. + rGO AC v� ! ?�P\OKf-e Vyry�0 1 oars no•N N / - a 1, 2 c •a hole 'y \% _ o Monu.rfent ,, `.`�•' brown izY �OorIDC Cy 1. - - - '•3FG C52501�". col,yrtve/ 7 Z Coarse �'li� •G I ror,d 2 0 o LN D ssTuo-.es ,s4// cn 3x3-ZO •'+. - r,•03.0 16496 � •'DA i �S �9os9.30'"V4tm N 0p 0 Z2/.60 I ZS/,Z3tA r; 5 6(`23'Zo"rti 5/Z-83 d. •ap f a ly J o ,vow ar• F-'orr:rer/rj ,i- i r•nubG �,'i 70-/;• _ = 3� SO•W I 6� P _ G r - - t _+T f 1 - t. jf I ye Ve- ()F NEB, rtP,RACK uq,L �t� f�. 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