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HomeMy WebLinkAboutAUGUST ACRESPATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@ town.sout hold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lorLmontefusco~,town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney April 18, 2005 August Acres Road Dedication Posillico Construction Co., Inc. to Town of Southold Attached is the original recorded Dedication and Release document as well as the original recorded Bargain and Sale Deed in connection with the referenced matter. These original documents are for your file. We will retain a copy in our file. Thank you for your assistance in concluding this matter. /Ik Enclosures SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrua%ent: DEDICATION & RELEASE Number of Pages: 3 Receipt Number : 05-0035703 TRANSFER TAX NI/MBER: 04-35699 District: 1000 Deed Amount: Section: Block: 053.00 04.00 EXAMINED AND CHARGED AS $0.00 Recorded: At: LIBER: PAGE: FOLLOWS Received the Following Fees For Above Exempt Instrument Page/Filing $9.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Cert.Copies RPT $70.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 04-35699 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 04/05/2005 01:05:12 PM D00012380 592 Lot: 044. 039 Exempt $5.00 NO $15.00 NO $0.00 NO $0.00 NO $0.00 NO $104.00 Number of pages TORRENS Serial # Certificate # Prior Cfi. # 3 Deed. Mortgage Instrument Page / Filing Fee Handling ~, 00 TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. ¢°~ ~-~0__ Comm. of Ed. 5. 00 Affidavit Certified Copy Reg. Copy Other [5 __ [ 1000 Property ~ Tax Service Agency Verification Deed / Mortgage Tax Stamp FEES SubTotal Sub Total 1000 05300 0400 044039 ~39 1000 05300 0400 044041 ~41 5 1000 05300 0400 044043 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #. of this instrument. Community Preservation Fund Smishcdon/Dis~ges/Release List Property Owners M~ling Address RECORD & RETURN TO: Patricia A. Finnegan, Esq., Town Attorney TOWN OF SOUTHOLD P.O. Box 1179 Southold, NY 11971-0959 143 Consideration Amount CPF Tax Due $. 0 $ 0 Improved Vacant Land TD TD TD 8 Title Company Information Co. Name Title # Suffolk County Recording & Endorsement Page This page forms part of the attached DEDICA'~TOIq AUn n,~T.r-~c,~ madeby: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in POSILLICO CONSTRUCTION CO., INC. SUFFOLKCOUNTZNEWYORK. TO In the Township of .~outhold TOWN OF SOUTHOLD In the VILLAGE or HAMLET of Greenport BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING Dear Taxpayer. Your satisfaction of mortgage has been filed in my office and I am enclosing the original cop your records. or If a portion of your monthly mortgage payment included your property taxes, you will now e~d to contact your local Town Tax Receiver so that you may be billed directly for all future pr01 :'t&: tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before 31 st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding propert3 payment. Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631 ) 727-3200 Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst. NY 11757 (631) 957-3004 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island. NY 11964 (631) 749-3338 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson. NY 11777 (631 ) 473-0236 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown. NY 11787 (631) 360-7610 East Hampton Town Receiver of Taxes 300 Panfigo Place East Hampton, NY 11937 (631) 324-2770 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Huntington Town Receiver of Taxes 100 Main Street Huntington. NY 11743 (631) 351-3217 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 IslipTown Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Sincerely, Edward P. Ramaine Suffolk County Clerk TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of POSILLICO CONSTRUCTION CO., INC., for the Laying Out of Highways at Greenport, Town of Southold, Suffolk County, New York, to be known as: KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR, and "DRAINAGE AREAS". DEDICATION AND RELEASE We, POSILLICO CONSTRUCTION CO., INC., being the owners of certain land in Greenport, Town of Southold, County of Suffolk and State of New York, and included within which land are proposed highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and DRAINAGE AREAS described in the above-entitled matter dated November 28, 2001; NOW, THEREFORE, in consideration of One ($1.00) Dollar to us in hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and DRAINAGE AREAS do hereby release and dedicate to the Town of Southold all the land heretofore owned by us within said proposed highways as follows: The highways are known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPLTR and DRAINAGE AREAS, as shown on a certain map entitled "Map of August Acres, Section One", situate at Greenport, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of the County of Suffolk on June 3, 1991, as Map No. 9107. And we do release the said Town of Southold fi.om all damages by reason of the layout of the said highways. STATE OF NEW YORK POSILLICO CONSTRUCTION CO., INC. COUNTY OF Iqm.~AO By: ) "ffa(ttioriy P, gstlti~o -" ' 5- On the 25~'~ay of ,.~ n ~n r v' , 200~ before me personally came ANTHONY POSILLICO, known to me or provetd to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same in his capacity and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public TF~O.. AS PO.'~ ~L,. 2 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 8 Receipt Nunfoer : 05-0035703 TRANSFER TAX NUMBER: 04-35700 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 053.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $o.oo 04/05/2005 01:05:12 PM D00012380 593 Lot: 044. 039 Received the Following Fees For Above InstrLunent Exempt Page/Filing COE EA-CTY TP-584 RPT Transfer tax TRANSFER TAX NUMBER: $24 $5 $5 $5 $7O 00 $o oo 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE 00 NO Cert.Copies NO SCTM NO Comm. Pres Fees Paid 04-35700 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $165.00 $0.00 $o.oo $0.00 $294.00 Exempt NO NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County Number of pages Serial # Certificate # Prior Ctf. # TORRENS Deed. Ivlortgage Instrument 31 Page / Filing Fee dy'- Handling ~, 00 TP-584 5~'- Deed / Mortgage Tax Stamp Notation EA-5217 (County) ~ EA-5217 (State) ] b ~f__ Comm. of Ed. 5. 00 Affidavit Certified Copy Reg. Copy Other 1000 4 District Real Property Tax Service Agency Verification SubTotal 3q 05013175 xooo 05300 0400 044039 (RcPFE~A ~000 05300 0400 o4404~ P 1000 05300 0400 044043 ~APRQF 43 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Patricia A. Finnegan, Esq., TOWN OF SOUTHOLD P.O. Box 1179 Southold, NY 11971-0959 Town Attorney 20L]5 ~qC,~' 05 0!:05:!2 P~t Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointm/9~ Transfer Tax /~ Mansion Tax ~_ The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Communi~ Preservation Fund ;FT , ration Amount $_ o Due $. o .,./ Improved TD 10 TD TD 81 Title Company Information Co. Name Title # Suffolk County Recording & Endorsement Page q2fis page forms pa~ of the a~ached BARGAIN AND SALE DEED w/Covenants madeby: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in POSILLICO CONSTRUCTION CO., INC. SUFFOLKCOUNTY, NEWYORK. TO In the Township of Southold In the VILLAGE TOWN OF SOWTWOT, n orHAMLETof Greenport BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR F~ING Dear Taxpayer. Your satisfaction of mortgage has been filed in my office and I am enclosing the original cop 'or your records. If a portion of your monthly mortgage payment included yotrr property taxes, you will now ~ 'ed to contact your local Town Tax Receiver so that you may be billed directly for all future pro1 ~ tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before ~?ay 31 st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property ax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhnrst. NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson. NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749~3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631}324-2770 Smithtown Toxvn Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington. NY 11743 (631 ~ 351-3217 Southampton Town Receiver of Taxes ll6HamptonRoad Southampton, NYl1968 (631) 283-6514 IslipTown Receiver of Taxes 40 Nassau Avenue Islip. NY 11751 (631~ 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward R Ramaine Suffolk County Clerk WCB-2 Rev. 8/99 (uniform ack3 DIST. 1000 Section:53 Block: 4 Lots: 44.3! 44.41 & 44.43 CONSULT YOUR LAWYIR IIFOU SIGNING THiS INSTRUMENT--THIS INSTRUMSNT SHOULD BS USED ily LAWYSRS ONLY. ~lI~lNDF. J~madethe 2D~ dayof January ,in meye~ 2005 Posillico Construction Co., Inc. with office,' at 31 Tennyson Avenue, Westbury, NewYork 11590 party of the firat pa~, ~nd Town of Southold · a municipal corporation of the State of New 53095 Main Road York, Southold, New York 11971 -0959 party of the second part, WiTNESS~'I'H~ that the party of the first part, in consideration of Ten Do. liars and at. I?r valuate co~ns!.d~_ra.6~r~ paid by the party of the second part, does hereby grant and release unto the party at me seconu par~, me or successors and assigns of the party of the second part forever, AL~ that certain plot, piece or parcel of land, ~tglXtlittllflillllfi~x~l~l~l~ilffixll~d0R ~ situate, lyingandbeinginthe Town of Southold, County of Suffolk, State of NewYork more particularly bounded and described in the attached legal description. SUBJECT to the rights of New York Telephone Company (now Verizon) and Long Island Lighting Co. (now Long Island Power Authority) under that certain easement recorded in Liber 10130, Page 324 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HA. VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of thc first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- ei:a'tion as a trust fund to be applied first for the lair.nose of paying the cost of the improvement and will apply 'tlail ~ .l~. first to the payment of the cost of the improvement before using any part of the total of the same for .agy other purpose. ' The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHLREOF~ the party of the first part has duly executed this deed the day and year first above written. Posillico Construction Co., /--- // - Tnc o STATE OF NEW YORK) ) SS,: COUNTY OF Nassa~ On the~,b"~r ~ay of J~q.J:k13.a.r~ in the ye~'~ f) f') qbefore me, the undersigned, personally appeared a n ~- h m n x, P c~ ~ 4 '1 '1 ~ r-,O personally known to me or proved to me ~ the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by h~s/her/the~r signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the THOM.' 5 PGSLLIC T C:,rr .....r.,:.,~ %-~ 3. ~6(* Signature and Office of individual taking acknowledgment For acknowledgments taken in New York State. STATE OF NEW YORK) COUNTY OF ) On the __ day of m the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satssfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/thalr signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgment State, District of Columbia, Territory, Possession, or Foreign Country On the __ day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of sarisfnctory evidence to be the individual(s) whose name(s) is (are) subscribed to the v, Jthin instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the , (insert the city or other polmcal subdivision and the state or country or other place the acknowledgment was taken). ** For acknov, ledgments taken outside of New York State. Slgnatur~ and Office of individual taking acknowledgment TITLE No. Posillico Construction Co., Inc. TO Town of Southold D~{buted by First American Title Insurance Company of New York SECTION 5 3 aLOC~ 4 LOT 44.39, COUNTY OR TOWN 44.41. & 44.43 Recorded At Request of Fi'st American Title In.trance Company of New York - -:-:- 2. Pinnc~&r. ~OWN OF SOUTHOLD, P.O. Box 1179 ~~~-0959 tty. LEGAL DESCRIFrlONS ROADS .AND DRAINAGE AREAS MAP OF AUGUST ACRES, SECTION 1, AT ARSHAMOMAGUE TOWN OF SourrI-IOLD, SUFFOLK COUNTY, NEW YORK FILE MAP No. 9107 FILED 6/03/91 BY RODERICK \rAN TLrYL, LAND Sx~t~VEYOR LEGAL DESCRIPTIONS TAKEN FROM FILED ~*-- AND V~rRITTEN BY DESTIN G. GRAF, LAND SUR~OR N.Y. STATE LIC. No. 50067 DESTIN G. GRAF P.L.S., P.C. 01/07/01 KERWIN BOULEVARD [ 50' WIDE ] I~EGINNING AT A POINT AT THE INTERSECTION OF THE WESTI~tCL¥ SII~ O~ KERWIN BLVD WI~{ THE SO~S~RLY SIDE OF BAYSHO~ KO~, SAID POI~ ~ SO~ 34 DEGKEE~ 59 MIN~ES 00 SECONDS EA~ 42.g0 FE~T F~OM ~E SO~ EAST CORNER OF LOT 37, SECTION 1, ~P OF AUGUST ACRES. COMMENCING FROM SAID PO[~ SO~H DEGREES 22 MIN~S 50 SECONDS EAST 196.51 FEET ALONG THE SO~HWESTERLY SIDE OF BASHORE RO~ AND DIVISION LINE BE~EN BASHO~ ROAD AND KERWIN BLVD: TO A PO~T; THENCE SO~H 55 DEGREES'01 M~S 00 SECONDS WEST 33.17 FEET TO A POI~; THENCE ALONG z~ ARC CONCA%~ TO THE EAST ~G A ~IUS OF 25.00' AND A LENGTfi OF ARC OF 39.27 FEET TO A PO~T; ~ENCE SO~ 34 DEGREES 59 MIiCo~S 00 SECONDS EAST 231.72 FEET ALONG ~E EASilY SIDE OF KER~N BLVD.~O A POINT: THENCE SO[~ 43 DEGREES 09 MI~S ~0 SECONDS EAST 163.68 FEET TO A PO~ AND NOR~b,~STERLY END OF AN ARC CO~EC~NG ~E NORTHERLY SIDE OF AUGUST LANE %%'ITH THE EASTERLY SIDE OF KERWIN BLVD; ~ENCE SO~H 43 DEGREES 09 MI~ES 40 SECONDS EAST I00.00 FEET ~ONG ~E DI~SION L~E BE~EN AUGUST LANE .~D KER~N BI,VD TO A PO~ ON ~E SOBERLY END OF AN ARC CONNECTING ~E SOL~HE~Y SIDE OF AUGUST LANE W~ ~E EASilY SIDE OF ~RW~ BLVD, ~ENCE SOL~H 43 DEG~ES 09 M~S 40 SECONDS EAST 935.36 FEET ALONG THE EASTE~Y SIDE OF KERWIN BLVD TO A POI~ AND NORTHE~Y END OF ~ ARC CONNECTING THE NOR~ SIDE OF PHEASA~ PLACE ~ THE EAS~RLY L~E OF KER~ BLVD; THENCE SO[~H 43 DEGREES 09 MI~S 40 SECONDS EAST 75.00 FE~ ~ONG THE DI%qSION L~E BETWEEN PHEASANT PLACE ~ND ~RWlN BLVD.TO A POI~; ~ENCE SOU~H ~ DEGREES 50 MIN~S 20 SECONDS WEST 50.00 FEET ALONG THE SO~HE~Y SIDE OF ~RWIN BLVD. TO A POI~ AND THE SO~HEAST CORNER OF LOT B3; ~ENCE NORTH 43 DEGREES 09 MIN~S 40 SECONDS ~%~ST 777.0 FEET ALONG ~E ~S~RLY SIDE OF KERXk~ .~D 8OL~ERLY END OF .~ ARC CONNECT~O ~E SO~HEKLY SIDE OF SAGE SPUR %V~H THE WESTE~Y SIDE OF KERWIN BL~.; THENCE NOK~ 43 DEG~ES 09 MIN~ES SECONDS WEST 100.00 FEET ALONG THE DIVISION LINE' BE~EEN SAGE SPUR AND KERWIN BL~. TO A PO~ ~D NOK~E~Y END OF AN ARC CONNEC~G THE NOR~E~Y SIDE OF SAGE SPUR WITH THE ~ES~KLY SIDE OF ~KWlN BLVD.; ~ENCE NORTH 43 DEG~ES 09 MINL~ES ~ SECONDS ~ST ~0.86 FEET ALONG ~E WES~KLY SIDE OF KERW~ BL~. TO A PO~T; ~ENCE NORTH 34 DEGREES 59 MIN~S 00 SECONDS WEST TO THE POI~ PLACE OF BEGGING. [ 85,734 SQ ~ ] AUGUST LANE [ 50' WIDE ] BEGINNING AT A POINT AT THE NORTHWESTERLY END OF AN ARC CONNECTIN'G THE EASTEKLY SIDE OF KERWIN BLVD. WITH THE NORTHEILLY SIDE OF AUGUST LANE, CONTrNUEING THENCE ALONG SA~D ARC CONCAVE TO THE NORTH HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO A POINT OF REVERSE CURVE; THENCE ALONG AN ARC CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.89 FEET AND AN ARC LENGTH OF 95.72 FEET TO A POINT AND DIVISION LiNE BETWEEN LOT 11 AND LOT 1 THENCE NORTH 79 DEGREES 54 MINDTES 00 SECONDS EAST 425.00 FEET ALONG THE NORTHERLY LINE OF AUGUST LANE TO THE WESTERLY END OF AN ARC CONNECl]NG THE WESTERLY SIDE OF WELLS LANE WITH THE NORTHERLY SIDE OF AUGUST LANE; THENCE ALONG THE DIVISION LINE BETWEEN WELLS LANE AND AUGUST LANE NORTH 87 DEGREES 42 MINUTES 15 SECONDS EAST 90.34 FEET TO A POINT AND SOUTHERLY END OF AN ARC CONNECTING THE EASTERLY SIDE OF WELLS LANE WITH THE EASTERLY SIDE OF AUGUST LANE; THENCE SOUTH 43 DEGREES 09 MINDTES 40 SECONDS EAST 1097.38 FEET ALONG THE EASTERLY SIDE OF .aUGUST LANE TO A POINT AND NORTHERLY END OF AN ARC CONNECTING THE EASTERLY SIDE OF AUGUST LANE WITH THE NORTHERLY SIDE OF AUGUST LANE', THENCE ALONG AN ARC CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 33.53 FEET TO A POINT; THENCE NORTH 60 DEGREES 00 IvIINUTES 00 SECONDS EAST 395.35 FEET TO A POINT; THENCE SOUTH 2? DEGREES 08 MINUTES 00 SECONDS EAST 50.06 FEET ALONG THE DIVISION LINE BETWEEN AUGUST LANE AND THE ' ACCESS "TO BAYSHORE ROAD TO A POINT; THENCE SOUTH 60 DEGREES 00 MINUTES 00 SECONDS WEST 452.33 FEET ALONG THE SOUTHERN SIDE OF LAND N~F OF ADAM PEKUNICA TO A POINT AND SOUTHEAST CORNER OF LOT 36; THENCE NORTH 43 DEGREES 09 MINbq'ES 40 SECONDS WEST 364,12 FEET TO A POINT AND SOUFFiERN END OF AN ARC CONNECTING THE SOUTHERLY SIDE OF PHEASANT PLACE AND THE WESTERLY SIDE OF AUGUST LANE; THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 100.00 ;'r.c; .-,~u;~; TH,~ D,VI$.ON LINE ~E .'~,rEEN AUGUST LANE A.~qD PHEASANW POINT AND NORTHERLY END OF AN ARC CONNECTING THE NORTHERLY SIDE OF PHEASANT PLACE AND THE WESTERLY SIDE OF AUGUST LANE; THENCE NORTH 43 DEGREES 09 MINLTI~S 40 SECONDS WEST 631.00 FEETTO A POINT AND SOUTHEAST END OF AN ARC CONNECTING THE SOUTHERLY SIDE OF AUGUST LANE WITH THE WESTERLY SiDE OF AUGUST LANE; THENCE ALONG AN ARC CONCAVE TO THE SOUTHWEST HAVING A R,~DIUS OF 90.86 FEET AND AN ARC LENGTH OF 90.29 FEETTO A POINT; THENCE SOUTH 79 DEGREES 54 iVIINUTES 00 SECONDS WEST 430.19 FEET TO A POINT: THENCE ALONG AN ARC CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 115.84 FEET AND AN ARC LENGTH OF 66.84 FEET TO A POINT [ POINT OF COMPOUND CURVE ]; THENCE ALONG AN ARC CONCAVE TO THE EAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO A POINT CONNECTING THE SOUTHERLY SIDE OF AUGUST LANE AND THE EASTE1LLY SIDE OF KERWIN BL\rD; THENCE NORTH 43 DEGREES 09 MINUTES 46 SECONDS WEST 100.00 FEET ALONG THE DIVISION LINE BET~rEEN AUGUST LANE AND KERWIN BLVD. TO THE POINT OR PLACE OF BEGINNING. [ 108,805 SQ F'[ ] PHEASANT PLACE [ 50' WIDE BEGINNING AT A PGlNT ON THE EAST SIDE OF ICERWIN BLVD. SAID POINT BEING THE NORTHWESTERLY END OF AN ARC CONNECTING THE NORTHERLY SIDE OF PHEASANT PLACE WITH KERWIN BLVD. CONTINUEFNG ALONG SAID ARC CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.23' FEET TO A POINT: THENCE NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 440.00 FEET ALONG THE NORTHERLY SIDE OF PHEAS.&NT PLACE TO A POINT; THENCE ALONO AN ARC CONCAVE TO THE NORTHWEST HAVING A tLa. DIUS OF 25.00 FEET AND AN .AP,.C LENGTH OF 39.27 FEET TO A POINT ON THE WESTEREY SIDE OF AUGUST LANE; THENCE SOUTH 43 DEGREES 09 MINUTES .4.0 SECONDS EAST 100.00 FEET ALONG THE DIVISION LINE BETWEEN AUGUST LANE AND PHEASANT PLACE TO A POINT; THENCE ALONG AN ARC CONCAVE TO THE SOUTH HAVINO A IC~.DIUS OF 25.00 FEET .ag,ID .42,I ARC LENGTH OF 39.27 FEET TO A POINT, THENCE SOUq'H 46 DEGREES 50 MINbq'ES 20 SECONDS WEST 465.00 FEET ALONG THE SOUTHERLY SIDE OF PHEASANT PLACE TO A POINT; THENCE NORTH 4.3 DEGREES 09 MfNC~ES 40 SECONDS WEST 75.00 FEET ALONG THE DIVISION LINE BETWEEN PHEASANT PL.&CF AND KERWIN BLVD. TO THE POINT OR PLACE OF BEGINNING. [ 24,903 SQ FT ] SAGE SPUR. [ 50' WIDE ] BEGINNING AT A POINT ON THE WESTERLY SI. DE OF KERWIN BL'vX). SAID POINT BEING THE NORTHERLY END OF AN ARC CONNECTING KERWIN BLVD AND THE NORTHERLY SIDE OF SAGE SPUR. CONTINUEING FROM SAID POINT SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 100.00 FEET ALONG THE DIVISION LINE BETWEEN KEKWIN BLVD AND SAGE SPUR TO A POINT AND SOUTHERLY END OF AN ARC CONNECTING THE WEST SIDE OF KERWIN BLVD. WITH THE SOUTHERLY SIDE OF SAGE SPUR.; THENCE ALONG AN ARC CONCAVE TO THE SGUTH WITH A R. ADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.2'2' FEET TO A POINT; THENCE SOfJTH 46 DEGREES 50 MINUTES 20 SECONDS WEST 225.00 FEET ALONG THE SOUTHERN SIDE OF SAGE SPUR TO A POINT AND NORTHWEST COKNER OF LOT 6; THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 50.00 FEET ALONG LANDS SAGE ESTATES TO A POINT AND SOUTHWEST CORNER OF LOT 5; THENCE NORTH 46 DEGREES 50 MINUTES '2_0 SECONDS EAST 225.00 FEET ALONG THE NOKTHERLY SIDE OF SAGE SPUR TO A POINT; THENCE ALONG AN ARC CONCAVE TO THE 'WEST HAVING A ICADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO THE POINT OR PLACE OF BEGINNING. [ t2:766 SQ FT ] WELLS L.tuNE [ 50' WIDE ] BEGINNING .AT A POINT ON THE NORTHERN SIDE OF AUGUST LANE SAID POINT BEING THE SOb~HWESTERLY END OF .,MN ARC CONNEcq'ING THE WESTERLY SIDE OF WELLS LANE AND AUGUST LANE. CONTINUEING ALONG SAID ARC CONCAVE TO THE NORTHWEST HAVING A ICADIUS OF 4'1.39 FEET AND AN AKC LENGTH OF 44.98 FEET TO A POINT: THENCE NORTH 17 DEGREES 38 MINUTES 20 SECONDS EAST 257.46 FEET ALONG THE WESTERLY SIDE OF WELLS LANE TO A POINT AND NORTHEAST CORNER OF LOT 14; THENCE NORTH 79 DEGREES 54 MINUTES 00 SECONDS EAST 45.38 FEET ALONG LAND OF "AMENDED MAP OF PECONIC BAY ESTATES "TO A POINT; THENCE SOLrI~ 44 DEGREES 12 MINUTES 40 SECONDS EAST I 1.00 FEET ALONG LAND OF" AMENDED MAP OF PECONIC BAY ESTATES "TO A POINT AND NORTHEAST CORNER OF LOT 15; THENCE SOUTH 17 DEGREES 13 MINUTES 00 SECONDS WEST 15.81 FEET ALONG THE EASTERLY LINE OF WELLS LANE TO A POINT; THENCE SOUTH 17 DEGREES 38 MINUTES 20 SECONDS WEST 241.62 FEET TO A POINT: THENCE ALONG AN ARC CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 26.53 FEET TO A POINT AND EASTERLy SIDE OF AUGUST LANE; THENCE SOb~/'H 87 DEGREES 42 MINUTES 15 SECONDS WEST 90.34 FEET ALONG THE DIVISION LINE BETWEEN WELLS LANE AND AUGUST LANE TO THE POINT OR PLACE OF BEGINNING. [ 14705 SQ FT ] DIC, MNAGE AREA "A" BEGINNING .AT A POINT ON THE WESTERLY SIDE OF KERWIN BLVD. SAID POINT BEING DISTANT SOLrFH 35 DEGREES 59 MINUTES 00 SECONDS EAST 872.22 FEET FROM THE INTERSECTION OF THE WESTERLY SIDE OF KERWIN BLVD. WITH THE SOUTHERLY SIDE OF THE N/F LONG ISLAND RAILROAD RIGHT OF WAY. CONTINUEING THENCE THE FOLLOWING COURSES AND DISTANCES; SOUTH 5-1 DEGREES 59 MINUTES 00 SECONDS EAST 101.03 FEET _&LONG THE WESI'ERLY SIDE OF KERWIN BLVD. TO A POINT AND NORTHEAST CORNER OF LOT 1; THENCE SO~YFH 46 DEGREES 50 blINUTES 20 SECONDS WEST 302.08 FEET ALONG THE BOUrNDARY OF LOT 1 TO A'POINT AND NORTHWEST CORNER OF LOT 1: THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 100.00 FEETALONGTHE LANDS N'F OF SAGE ESTATE TO A POINT AND SOUTHWEST CORNER OF LOT 37; THENCE NORTH 4.0 DEGREES 50 M[NL~FES 20 SECONDS EAST 316.4.5 FEE'T ALONG THE BOUNDARY OF LOT 37 TO THE WESTERLY SIDE OF KERWIN BLVD. AND THE POINT OF PLACE OF BEGINNING. [ 4.3266 SQ FT ] DR.~INAGE AREA "B" BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF KERWIN BLVD. SAID POIIxYF BEING DISTANT NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 25.00 FEET FROM THE INq'EKSECTION OF THE WESTERLY SIDE OF KERWIN BLVD AND THE SOUTHERLY SIDE OF KERWIN BLVD. [ SOUI'HEAST CORNER OF LOT 33 ]; CONTINUEING THENCE THE FOLLOX, X, qNG COURSES AND DISTANCES; NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 160.00 FEET ALONG THE SOI..rl'HERLY SIDE OF KERWlN BLVD. AND PHEASANT Pt. ACE TO A POINT AND NORTHWEST CORNER OF LOT 34; THENCE SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 160.00 FEET ALONG THE BOUNDARY OF LOT 34 TO A POINT AND NORTHEAST CORNER OF A 15 FOOT DRJklNAGE EASEMENT AND PARK AND PLAYGROUND AREA. THENCE SOU'IIf 46 DEGREES 50 MINUTES 20 SECONDS WEST I60.00 FEET ALONG THE BOU~DARY OF THE PARK AND PLAYGROUND AREA TO A POINT; THENCE NORTH 43 DEGREES 0_9 MINUFES 40 SECONDS WEST 160.00 FEET ALONG THE BOUNDARY OF THE PARK AND PLAYGROUND AREA TO THE SOUTHERLY SIDE OF KERWlN BLVD. AND POINT OR PLACE OF EEGINNING. O 15' DtLAINAGE EASEMENT BEGINNING AT A POINT AT THE SOUTHEAST CORNER OF A DRAINAGE AREA SAID POINT BEING DISTANT SOLrI~ 43 DEGREES 09 MINUTES 40 SECONDS EAST 160.00 FEET FROM THE SOUTHERLY SIDE OF PHEASANT PLACE AND NORTHV/EST CORNER OF LOT 34. CONTINUEING THENCE THE FOLLOWING COURSES AND DISTANCES; SOD'FH 43 DEGREES 09 MINUTES ~0 SECONDS EAST 146.10 FEET ALONG THE BOUNDARY OF LOT 34 TO A POINT AND SOUTH%W~ST COKNEK OF LOT 34; THENCE SOUTH 60 DEGREES 00 MINUTES 00 SECONDS WEST 15.40 FEET ALONG LAND N/F OF'PEKUNICA TO A POINT; THENCE NOKTH 43 DEGKEES 09 MINUTES 40 SECONDS WEST 142.60 FEET TO A POINT; THENCE NOKTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 15.00 FEET TO THE POINT OK PLACE OF BEGINNING. [2165 SQFF] C TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of POSILLICO CONSTRUCTION CO., INC., for the Laying Out of Highways at Greenport, Town of South01d, Suffolk County, New York, to be known as: KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR, and "DRAINAGE AREAS". CONSENT We, the undersigned, being a majority of the Town Board of the Town of Southold, County o, f Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the 23~a day of September, 2003, and having duly considered the application of POSILLICO CONSTRUCTION CO., INC. dated November 28, 2001, for laying out of new highways at Greenport, Town of Southold, to be known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and DRAINAGE AREAS, do hereby consent that such .~..~ ~'lliam P., wards, uncilman {~.~lm Roman¢lli ' Thomas H. ~'iCkh~, C~unciln~n · PATRICIA A. FINNEG~) TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY Iori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 MEMORANDUM To: From: Date: Subject: Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney's Office November 10, 2004 August Acres Road Dedication I received a telephone call yesterday from Tony Posillico in connection with the referenced matter. He was under the impression that the referenced road dedication was concluded. I reviewed the file while on the phone with him and told him that the Dedication and Release document contained an error and had to be corrected, signed before a notary public, and submitted to you. I also told him that the Deed also required some corrections/additions. See copy of my Memo to you dated August 11,2004. Upon reviewing the file, I note that we now have a signed Order Laying Out the Highways. In addition, we will need to obtain the Consent of the Town Board. I am attaching a Consent form for your use in obtaining the Board's consent to this dedication. I told Mr. Posillico that t would send him the Dedication and Release and that I would advise him of the changes needed for the Deed. I will copy you on my letter to Mr. Posillico for your records. One other item that Mr. Posillico mentioned during our conversation was the fact that he received tax bills that total approximately $900. He feels that he should not have to pay these taxes since the Town has delayed in concluding this dedication. I explained to him that technically the Town is not the owner of the roads at this time and that I did not think that the Town would be willing to © pay these outstanding taxes. I did tell him that I would speak with the Town Attomey regarding this issue. me, If you have any questions regarding this matter, please feel free to call /Ik Enclosure PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lorL monte fusco@town.southold.ny.us JOSHUA Y. HORTOI~ Supervisor Town Hall Annex, 54375 R~ute 25 P.O. Box 1179 Southold, New York 11971-O959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Patdcia A. Finnegan, Esq. Town Attorney Date: August 11, 2004 Subject: August Acres Road Dedication I have co,mpleted my review of the road d,e~lication papers in connection with August Acrbs in Greenport My comments are as follows: 1. The Dedication and Release document contains an error. In the second paragraph, "August Lane" is omitted from the list of highways and must be added. In addition, this document is to be recorded with the Suffolk County Clerk. Therefore, an original Dedication and Release document containing the current notary clause will be required for recording purposes. Attached is an original Dedication and Release form for your use in forwarding same to Posillico Construction Co., Inc. for signature before a notary. Please make certain that you advise Posillico Construction Co. to sign this document using black ink. 2. The proposed Deed does not contain the metes and bounds descriptions of the highways and drainage areas. Given the fact that the Town Code specifically requires metes and bounds descriptions, the Deed should contain same. In addition, the Deed must contain the following language: "SUBJECT to the rights of New York Telephone Company and Long Island Lighting Co. (now Long Island Power Authority) under that certain easement recorded in Liber 10130, Page 324." Therefore, a new Deed will need to be prepared and signed using black ink. 3. I did not find an executed Order Laying Out the Highways. Therefore, I will forward this document to Pete Harris for signature and ask that he return the original to you. 4. I was not able to find a signed Consent form in the file either. Therefore, I am attaching a Consent form which must be circulated to the Town Board members for signature. Since Jamie has approved the roads and drainage areas for dedication and has confirmed that the metes and bounds descriptions are correct, and given the fact that the Town Board has already approved this dedication by Resolution No. 644 of 2003, once the above items are addressed, this dedication can be concluded. If you have any questions regarding this matter, please feel free to call me. PAF/Ik Enclosures cc: Members of the Town Board (w/o encl.) 0 © REGISTRAR OF V~TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERI~ TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT ~ FOLLOWING RESOLUTION NO. 644 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2003: VqHEREAS, Posillico Construction Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads situated at Greenport, in the Town of Southold, County of Suffolk, New York, known as Kerwin Boulevard, August Lane, Pheasant Place, Wells Lane, Sage Spur, and "Drainage Areas", as shown and designated on a certain map entitled "Map of August Acres, Section One", situated at Arshamomaque/Greenport, in the Town of Southold, County of Suffolk, New York, subject to receipt of updated paperwork from applicant. VVHEREAS, the Southold Town Superintendent of Highways Peter W. Harris, has inspected said highways and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town, now, therefore, be it RESOLVED that in accordance with Section 271 of the Highway Law of the State of New York, consent be and the same is ~iven to the Superintendent of Highways to make an order lavine out the aforeaaid hi~,hways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dediention~ release, and deed to be recorded in the Office of the Clerk of the County of Suffolk~ New York. Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY ~eran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY Iori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD November 10, 2004 Mr. Anthony Posillico Posillico Construction 31 Tennyson Avenue Westbury, NY 11590 RE: August Acres Road Dedication Dear Mr. Posillico: As we discussed yesterday, I am enclosing a corrected Dedication and Release form in connection with the refei:enced matter. Kindly sign this form using black ink before a notary public and return it to the Southold Town Clerk. In addition, I am returning the Bargain and Sale Deed that was submitted to the Town Clerk which must be revised as well. Please note that the Deed must contain metes and bounds descriptions and not a filed map description. The legal descriptions submitted to us by your surveyor have been approved by the Town Engineer and, therefore, should be attached to the Deed. I am enclosing copies of these descriptions for your information. Finally, the Deed must contain the following language: "SUBJECT TO the rights of New York Telephone Company and Long Island Lighting Co. (now Long Island Power Authority) under that certain easement recorded in Liber 10130, Page 324." Upon the Town Clerk's receipt of the original Dedication and Release and Bargain and Sale Deed, a Consent form will be circulated to the Town Board for signature, which will conclude this dedication. You will be notified by the Town Clerk of the approval and will be required to pick up the original documents for recording with the Suffolk County Clerk. I have spoken with the Town Attorney about the outstanding tax bills that you recently received which total approximately $900. This matter will be discussed with the appropriate parties and we will get back to you shortly. 0 Mr. Anthony Posillico November 10, 2004 Page 2 In the meantime, if you have any questions regarding the enclosed, please feel free to call me. Very truly yours, kynne Krauza Secretary to the Town Attorney Ilk Enclosures J cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) WCB-2 Rev. 8/99 (unlfo~m ack. comU~ YOUR LAWYER B~OR~ slaNma ~~~ 29ch ~y~ Septembe~ ,in~ey~ 't~ ~hous~d ~ 2 0 S POSILLICO CONSTRUCTION CO., INC., with offices aC 31 Te~yson Avenue, ~stbury, New York 11590 p~ of ~ fu'~ ~ and TOWN OF SOUTHOLD eAn~ e~rm ~.a ~aX~CE AREAS", as shown aha aesi~fl~J~ea on certain Dece~er 9, 19~, ~d f~l~the Office of the CLerk of t~d~ny o~ ~urso~ June 3, 1991 as f~led ~p ~910 , T~ETHER ~ith ~ ri~t, t[fl~ and im~r~t, ~ ~, o~ r~d, a~,inE the a~ d,~ p~mi~ to ~e ~ter lin~ and ali the ~mte and ~ of ~ ~ of the first ~'m and iD ~d HOLD the ~i~s her~n ~ted unto the ~ of ~e ~ond the ~y d the ~nd ~ forever. AND the party of tlie first .lmm covenants t?t ~.e. party of the first pa~ h~s nOt ,d?e o.r.suffered anything whereby the said ~remises Imve .been e~.. Im~, in any.way wlmtever,.~ep~ as AND the party of the. fir~.t~art, ~.n com?ia~c, e ~'-h,~5 .e~aon 13 of ,the..,L!e~..L~..w, .~..~. ts ~ the. l~rty the .first part will rec~ve [he considemtion for tl~s conveyance?ne Will nolo men~t iD receive sues consm- eratlon as a trust/end to be applied first/or '/he purple o{ paying the cost of the hilprovement and will apply the same first to the payment o[ the cost oi the improvement be[ore using any part of the total of the same for any other purpos~ The word "party" shall be construed as ii it read 'panics" whenever the sense of this indenture so requires. IN ~ ~-I~:I)F, the party of the first part has duly executed this deed the d~y ~d. year ~rst above w~itten. IN ~S~NC~ O~: POS. ILLIC0 CONSTRUCTION CO., INC. STATE OF NEW YORK) COUNTY OF pcx~onally known to me or proved to me on the bsa~s of satisfactory evidence to be the individual(s) who~e name(s) is (~e) subscribed the within instrument end acknowledged to me th~ he/she/they executed the same in hiNber~Their capa~isa), end that by his/her/their signature(s) on the insUurnent, the individual(s), orthe person upon behalf of which the individual(s) acted, executed the O STATE OF NEW YORK) COUNTY OF ) On the__ day of. in the year before me, thc ondm'signed, pemonally appointed , p~sonally lmown to me or proved to me on the'besis of sutisfactory c~dence to be the individual(s) whose Mine(s) is (ere) subser~bed to the within instrument and acknowledged to me that he/she/they executed thc same in ins/her/their osp~ty(ios), end that by his/her/their signature(s) on the iosmun~t, the individual(s), or the person upon behalf of which the individual(s) acted~ executed the instrument. No 30-4673721 Qualified in Nassau County * For acknowledgments taken in New YorLCi~uO. ission Expires December 31.<~ Signature and Office of individual tak~g selmowledgment ** Sta~ District of Columbia, Territory, Posstoslou, or Foreign Country On the __ day of. in the yasa' before me, the ondersigned, pm~onally appeared , personally known to me or proved to me on the besis of satisfactory evidence to be the individonl(s) whose mmv(s) is (er~) subscribed to the within instrument end acknowledged to me that he/she/they executed the same in his/her/their capenity(isa), th~ by his/her~beir signature(s) on the insmm~ot, the individual(s), orthe person upon belmif of which the individonl(s) acted, executed th¢'insmm~nt, end that such individual made such appearance before the undercigned in the . (Inser~ the city or other political subdivision end the state or count, or other place the acknowledgn~ent was taken). For acknowledgments taken outside of New York State. Slgnatur~ and ofnos of individual taking acknowledgment WITH COVENANT .~GAINST GRANTOR'$ ACTS No. PO$ILLICO CONSTRUCTION CO., INC. ~- .e~CTiON BLOCK LOT COONTY OR TOWN TO TOWN OF $OUTHOLD First Araorican Title. l~sura~e Compang of New York Recorded At Request of First American Tltb Inmzen~ Compan~ of' N~w York RETURN BY MAIL TO: PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us O JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Joanne Liguori Lynne Krauza Secretary to the Town Attorney March 3, 2005 August Acres Road Dedication Please be advised that Pat has reviewed and approved the attached conveyance documents between the Town of Southold and Posillico Construction Co., Inc. in connection with the referenced matter. ^ copy of the Resolution authorizing this dedication is attached hereto. In addition, I am attaching a copy of the Consent form which was executed by the Town Board for your information. In this regard, kindly have Josh sign these documents where indicated and return them to me. Thank you for your attention. If you have any questions, please call me. /Ik Enclosures j cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) Neville, Elizabeth From: Sent: To: Subject: 0 0 Neville, Elizabeth Friday, Febn.mry 04, 2005 9:.52 AM Krauza, Lynne RE: August Acres Road Dedication Lynne, Yes, I have the order signed by Pate and TP-584 & RP-5217, but no CPF? I'll send over what I have. ----Original Message---- From~ Krauza, Lynne Se~c wednesday, Felxuary 02, 2005 2:44 PM TO: Neville, Elizabeth Ce: Flnnegan, Patrlcla I am in receipt of the corrected Dedication and Release document as well as the corrected Dsed from Tony Posiliico in connection with the referenced matter. The Order Laying Out Highways was signed by Pete Harris back in August of 2004. You should have the original in your file. I have a copy in mine. I am attaching the Consent form which should be circulated to the Town Board at the next meeting for signature. Does your file contain the original documents that accompany the deed, i.e., TP-584, CPF and RP-5217 forms? I seam to only have copies. If you do not have the originals, then I will prepare new ones and send them to Mr. Posillico for signature. I want to conclude this dedication as soon as possible. Thank you. << File: Consent. rtf >> · PATRICIA A. FINNEGAN~ TOWN ATTORNEY patr~cia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN-ATTORNEY kieran.corcoran@town,southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefus¢o@town.southold.ny.us O OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD JOSHUA Y. HORTOIq Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 MEMORANDUM To: Peter Harris, Superintendent of Highways From: Patricia A. Finnegan, Esq. Town Attorney Date: August 11,2004 Subject: August Acres Road Dedication Betty forwarded me copies of the road dedication papers for August Acres in Greenport. I have reviewed the papers and will~fbrward my comments to her today. Attached is an Order Laying Out Highways which must be signed by you. I did not see a signed copy in the file. For your information, I am also attaching a copy of your Memorandum to Betty dated September 22, 2003, recommending this dedication. Once you have signed the attached Order Laying Out Highways, please forward the original to Betty and a copy to me. Thank you for your attention. PAF/Ik Enclosure ~ cc: Town Clerk (w/encls.) PETER W, HARRIS Gupertmeflden~ Highway Department Town of Southokt 275 Peconlc I-~ne · P.O. Box 178 Peconlc, N.Y. 11958-0178 Tel, (63~) 765.31,10 (631) 734-5211 Fax (631) 765-1750 TO: FROM: DATE: MEMORANDUM Elizabeth A. Neville Southold Town Clerk Peter W. Harris, Superintendent Southold Town Highway Departmen"t" September 22, 2003 AUGUST ACRES In connection with the major subdivision known as August Acres, please be advised [hat have reviewed the Inspection report of James Richter and have personally Inspected the below-named roads in this subdivison. I concur with his findings and recommend that the following roads be dedicated to the Town pf Southold; Kerwln Boulevard, August Lane, Pheasant Place, Wells Lane, Sage Spur and Drainage areas. I further recommend that the Town Board approve a resolution in connection with the ' dedication of the aforementioned roads and drainage area and that this resolution be submitted for approval by the Town Board's consideration at its next Board meeting: PWH:jes cc: Gregory Yakaboski Ja[nes Richter PATRICIA A. FINNEGAN~ TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town,southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTOIq Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Patdcia A. Finnegan, Esq. Town Attorney Date: August 11,2004 Subject: August Acres Road Dedication I have com/pleted my review of the road dedication papers in connection / with August Acres in Greenport. My comments are as follows: 1. The Dedication and Release document contains an error. In the second paragraph, "August Lane" is omitted from the list of highways and must be added. In addition, this document is to be recorded with the Suffolk County Clerk. Therefore, an original Dedication and Release document containing the current notary clause will be required for recording purposes. Attached is an original Dedication and Release form for your use in forwarding same to Posillico Construction Co., Inc. for signature before a notary. Please make certain that you advise Posillico Construction Co. to sign this document usin.q black ink. 2. The proposed Deed does not contain the metes and bounds descriptions of the highways and drainage areas. Given the fact that the Town Code specifically requires metes and bounds descriptions, the Deed should contain same. In addition, the Deed must contain the following language: "SUBJECT to the rights of New York Telephone Company and Long Island Lighting Co. (now Long Island Power Authority) under that certain easement recorded in Liber 10130, Page 324." © Therefore a new Deed will need to be prepared and signed using black ink. 3. I did not find an executed Order Laying Out the Highways. Therefore will forward this document to Pete Harris for signature and ask that he return the original to you. 4. I was not able to find a signed Consent form in the file either. Therefore, 1 am attaching a Consent form which must be circulated to the Town Board members for signature. Since Jamie has approved the roads and drainage areas for dedication and has confirmed that the metes and bounds descriptions are correct, and given the fact that the Town Board has already approved this dedication by Resolution No. 644 of 2003, once the above items are addressed, this dedication can be concluded. If you have any questions regardirg this matter, please feel free to call me. PAF/Ik Enclosures cc: Members of the Town Board (w/o encl.) O O ELIZABETH A. NEVTTJ,E ~,~1~ TOWN' CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Re: James Richter, Town Engineer Date: 10/29/03 I am sending you all of the maps fi.om thc above referenced file. I have no maps left in the file. This is everything. Please review and determine if these are acceptable, is more copies are needed, etc. and advise Mr. Posicillo at 516 333-0666 of your determination. Thank RE: August Acres road dedication O 0 Page 1 of 1 Neville, Elizabeth From: Richter, Jamie Sent: Friday, September 26, 2003 10:40 AM To: Neville, Elizabeth Subject: RE: August Acres road dedication From an engineering standpoint, the only thing required for dedication would be the six sets of prints for the dedication. All required construc~on has been completed. The drawings should be road & drainage plans. They should be complete, indicating all roads, curbs, drainage structures (both above & below ground), drainage pipeing layouts and recharge basins. Unfortunately, I will be away from the off'~e for approximately one month to take cam of a personal matter. If you need informat'~l before my return, please contact Jim McMahon. If he can't find it he will be able to get in touch with me by telephone. Jamie. From; Nevllte, ElU. abeth ~flt: Wedr~y, September 24~ 2003 3:42 PM To: Richter, lamle Jamie: I think we should get together with your file and my file and conform things. I have to send Poscillo a letter. But, first I need to know exactly what to ask him for. I don't think that I have all of the latest inspection reports, etc. Could we possibly do this on Friday? I know on your answering machine it said that you will be out of the off'rce for several weeks. I would like to get the ball roiling before, if possible. I have to go to the Town Clerk Association Meeting tomorrow in Nassau County, I'll be leaving here et about 10:00AM, If it is convenient, we could do it at 9:00 AM.or sometime on Friday, what ever is good for you. Please let me know. Thank you. Betty 7/29/2004 RE: August Acres road dedication O O Page 2 of 2 Jamie: I think we should get together with your file end my file and conform things. I have to send Poscillo a letter. But, first I need to know exactly whet to ask him for. I donl think that I have all of the latest inspection reports, etc. Could we possibly do this on Fdday? I know on your answering machine it said that you will be out of the office for several weeks. I would like to get the ball rolling before, if possible. I have to go to the Town Cled( Associetion Meeting tomorrow in Nassau County, I'll be leaving hare at about 10:00AM, if it is convenient, we could do it et 9:00 AM.or sometime on Friday, what ever is good for you. Please let me know. Thank you. Betty 7/29/2004 WCB-2 Rev. 8/99 (uniform ack.) Standard N. Y. B.T.U. FernO.~ -Bazgain and Sale Deed. with Covenant a~ainOntot's Acts--Individual or Co[posacion (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYiI~S ONLY, Tl-ll~lNDF~madethe 2nd day of February ,intheye~ 2004 BE~ Posillico Construction Co., Inc., with offices at 31 Tennyson Avenue Westbury, New York 11590 party of the first pa~, and Town of Southold Town Hall 5309 Main Road P.O. Box 1179 Southold, New York 11971 party of the seco~td, putt, WFFNE~ETI~ ~iaat the party of the first tmtrt, in consideration of Ten Dollars and other valuable consideration paid by the pm'ty of t~.e second part, does hereby grant and release unto the party of the second part, the heirs or succ~sors and asmgns of the party of the second pm't forever, .~I.L that certal.n plot, piece or parcel of land, with the buildings ~.ud improvements thereon erected, situate, lying and being tn the The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section One" situate at Arshamonaque, Town of Southold, New York, surveyed by Roderick Ban Tuyl P.C. on July 29, 1974, and amended December 9, 1985, and filed in the Office of the Clerk of the County of Suffolk on June 3, 1991 as filed map #9107 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER wich the appurtenances and all the estate and rights of the party of the first part in and to ~aid premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffer~ anything whereby the said premises have been encumbered in any. ~vay whatever,.except as aforesaid. AND the party of the first part, in compliance with $~etion 13 of the L~en Law. covenants that the party the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the sa,me for any other purpose. The xx, ord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN V~rlTNF...q~ W}IEREOF, the party of the first part has duly executed this deed the day and year first above written. POSILL~CO CONSTRUCTION CO.,~ IN~ , ANTHONY POS~LL~ ~ - * STATE OF NEW YORK) * STATE OF NEW YORK) ) ss.: ) ss.: COUNTY OF NASSAU) COUNTY OF ) On the 2~n~y of February in the year 2004before me, th~ On the __ day of in the year before me, the undersigned, personally appeared Anehcmy Po~ aI'l_lido undemigned, personally appeared -- personally known to me or proved to me on the basis of satisfactory' personally known to me or proved to me on the basis of satisfactory' evidence to be the individual(s) whose name(s) is (are) subscribed to evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they the within instx~nent and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by executed the same in his/her/their capacily(ies), and that by his/her/their signature(s) on the instmmant, the individual(s), or the his/her/their signature(s) on the insln~nent, the individual(s), or the person upon behalf of which the individunl(s) acted, executed the person upon behalf of whioh the individual(s) acted, executed the instrument. . I~i~nature and ~ffice of individual taking acknowl~d(~lNg M PONELLA Signature and Office of . individual taking acknowledgment Notary Public. State of New York * For acknowledgments taken in New York State. No. 01 PO5077025 Oual fled in Nassau Coun~tY~ Commission Expires 4/2 /~ 0o'7 ~* State, District of Columbla~ Terrlto~, Passcsslun, or Foreign Country On the __ day of in the year before me, thc undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the ' within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instmmcnt, the individual(s), or the person upon behalf of which the individual(s) acted, executed thc instrument, and that such individual madc such appcarance before the undersigned in the subdivision and thc state or counlry or other place the acknowledgment was taken). . (Insert the city or other political * For acknowledgments taken outside of New York State. Signature and Office of individual taking acknowledgment WI IH COVENANT AGAINST GRANTOR'S ACTS POSILLICO CONSTRUCTION CO., INC. SECTION 53 sLeeK 4 Lo~r 44.39, 44.4! & 44.43 COUNTY OR TOWN TO TOWN OF SOUTHOLD First American Title lnsuranc'e Company of New York Recorded At Request of Fbst American Title lasunm~ ~ompany of New Yozk RBTURN BY MAlL TO: Z~p Ne. ELI2 REGISTI M RECORD: FREEDOM To~ From: Re~ TOWN CLEI OUTHOLD James Richter, Town Engineer Date: 10/29/03 I am sending you all of the maps from the above referenced file. I have no maps left in the file. This is everything. Please review and determine if these are acceptable, is more copies are needed, etc. and advise Mr. Posicillo at 516 333-0666 of your determination. Thank you. TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of POSILLICO : CONSTRUCTION CO., 1NC. for the Laying Out CONSENT of Highways at Greenport, Town of Southold, : Suffolk County, New York to be known as: KERW1N BOULEVARD, AUGUST LANE, : PHEASANT PLACE, WELLS LANE, SAGE SPUR, and "DRAINAGE AREAS". We, the undersigned, being a majority of the Town Board of the Town of Southold, in the County of Suffolk, New York, having duly met at a regular meeting of the said Town Board on the 23rd day of September, 2003 and having duly considered the application of POSILLICO CONSTRUCTION CO., INC., dated the 28th day of November, 2001, for the laying out of new highways at Greenport, Town of Southold, to be known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", do hereby consent that such laying out be made in a~ce with said petitioner. : - Town C~rk-Eliz~beth A. N4eville p et~,jW. H a~q 4/~,/Sup'~r//~ltende~t ° f I~i ~'~way Town Councilman - ~]~nn Councilman Tcwn, ACc uncilman Cra']g A. Ri"~terTo~nlC~ill~ -'V~i[li'am D. Moore / ELIZABETH A. NEVILLE TOWN CLERK REGISTIi2~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 644 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2003: WHEREAS, Posillico Construction Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads situated at Greenport, in the Town of Southold, County of Suffolk, New York, known as Kerwin Boulevard, August Lane, Pheasant Place, Wells Lane, · Sage Spur, and "Drainage Areas", as shown and designated on a certain map entitled "Map of August Acres, Section One", situated at Arshamomaque/Greenport, in the Town of Southold, County of Suffolk, New York, subject to receipt of updated paperwork from applicant. WHEREAS, the Southold Town Superintendent of Highways Peter W. Harris, has inspected said highways and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town, now, therefore, be it RESOLVED that in accordance with Section 271 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and he it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication~ release~ and deed to be recorded in the Office of the Clerk of the County of Suffolk~ New York. Elizabeth A. Neville Southold Town Clerk TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of POSILLICO CONSTRUCTION CO., INC. for the Laying Out ORDER LAYING OUT of Highways at Greenport, Town of Southold, THE HIGHWAYS Suffolk County, New York to be known as: WITH THE KERWIN BOULEVARD, AUGUST LANE, : CONSENT OF THE PHEASANT PLACE, WELLS LANE, SAGE TOWN BOARD ~e~PUi~~.ahc~.'.~DRAINAGE AREAS". : WRITTEN application having been duly made to me, the Town uperintendent of Highways for the Town of Southold, Suffolk County, New York ~r the laying out of Town Highways in the said Town of Southold by POSILLICO ONSTRUCTION CO., 1NC., liable to be assessed for highway taxes in said Fown, and a dedication and release from damage having been executed, icknowledged and delivered by the owners of the land through which the proposed ~ighways are proposed to be laid out, and a copy of which is annexed hereto, and lothing having been paid to any claim for such damages; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town Highways be and the same are hereby laid out at Greenport, in the Town of Southold as follows: 1. The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section 2)ne" situate at Arshamomaque/Greenport, Town of Southold, New York, ~urveyed by Roderick Van Tuyl P.C. on July 29, 19'1it, and ~rnended December 9, 1985, and filed in the Office of[he Clerk of the 2ounty of Suffotl/' on June 3, 1991" ds~filed map #9107. 23rd September 2003 ~ Peter Town Superintendent of Highways Town of Southold o- Suffolk County, New York Harris TOWN OF SOUTHOLD: STATE OF NE?W YORK In the Matter of the Application of POSILLICO : CONSTRUCTION CO., INC. for the Laying Out of Highways at Greenport, Town of Southold, · : Suffolk County, New York to be known as: . KERWIN BOULEVARD, AUGUST LANE,~ ~ ~':', PHEASANT PLACE, WELLS LANE,..SCA'G..E~_ · SPUR, and "DRAINAGE AREAS". ",~;~ .'~ : CONSENT We, the undersigned, being a majority of the Town Board of the Town of Southold, in the County of Suffolk, New York, having duly met at a regular meeting of the said Town Board on the 23rd day of September , 2003 and having duly considered the application of POSILLICO CONSTRUCTION CO., INC., dated the 28th day of November, 2001, for the laying out of new highways at Greenport, Town of Southold, to be known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", do hereby consent that such laying out be made in accordance with said petitioner. Supervisor Joshua Y. Horton Town Clerk Elizabeth A. Neville Superintendent of Highways Peler W. Harris Town Cqcncj. lrnan Thomas M. w~ckham Town Justice Louisa P. Evans Town Councilman John M. Romanelli Town Councilman Craig A. Richter Town Councilman William D. Moore TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of POSILLICO CONSTRUCTION CO., 1NC. for the Laying Out ORDER LAYING OUT of Highways at Greenport, Town of Southold, :THE HIGHWAYS Suffolk County, New York to be known as: WITH THE KERWIN BOULEVARD, AUGUST LANI~, CONSENT OF THE PHEASANT PLACE, WELLS LANE, SAGE TOWN BOARD SPUR, and "DRAINAGE AREAS". WRITTEN application having been duly made to me, the Town Superintendent of Highways for the Town of Southold, Suffolk County, New York for i the laying out of Town Highways in the said Town of Southold by POSILLICO CONSTRUCTION CO., INC., liable to be assessed for highway taxes in said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed highways are proposed to be laid out, and a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ~RDER that the Town Highways be and the same are hereby laid out at Greenport, in the Town of Southold as follows: 1. The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section One" situate at Arshamomaque/Greenport, Town of Southold, New York, surveyed by Roderick Van Tuyl P.C. on July 29, 1974, and amended December 9, 1985, and filed in the Office of the Clerk of the County of Suffolk on June 3, 1991 as filed map #9107. Dated the 23rd day of September, 2003. Peter W. Harris Town Superintendent of Highways Town of Southold Suffolk County, New York ANTHoH¥ POSILLIGO PO$1LLICO CONST * TIO .",,~ ~,t,~o ~. ......... '_RUC N --'-~,,,-.~ and uevelopmeflt PETER w. HARRIS 5uperlnlcnden~ Highway Department Town of Southold 275 Peconic Lane · P.O. Box 178 Peconic, N.Y, 11958-0178 Tel. (63]) 765-31,10 (631) 734-.~211 Fax (631) 765-1750 TO: FROM: DATE: MEMORANDUM Elizabeth A. Neville ... Southold Town Clerk '~" Peter W. Harris, Superintendent ~ ~ SouthoJd Town Highway Department- - ~eptember 22, 2003 AUGUST ACRES In connection with the major subdivision known as August Acres, please be advised lhat I have reviewed the inspection report of James Richter and have personally inspected the below-named roads in this subdivison. I concur with his findings and recommend that the following roads be dedicated to the Town pf Southold: Kerwin Boulevard, August Lane, Pheasant Place, Wells Lane, Sage Spur and Drainage areas, I further recommend that the Town Board approve a resolution in connectJon with the ' dedication of the aforementioned roads and drainage area and that this resolution be submitted for approval by the Town Board's consideration at its next Board meeting: PWH:jes cc: Gregory Yakaboski James Richter ELIZABETH A. NEVII.3~ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF II'FORMATION OFFICER Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 s0utholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD To~ From: Re: James Richter, Town Engineer Date: 10/29/03 I am sending you all of the maps fi.om the above referenced file. I have no maps left in the file. This is everything. Please review and determine if these are acceptable, is more copies are needed, etc. and advise Mr. Posicill6 at 516 333-0666 of your determination. Thank you. ,Ill · O O Arnold and Loretta Pirozzi 805 August Lane Greenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 Re: Dedication of roads - August Acres REC~IV~CD FEI~ 19 2003 Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has filed an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. S~rely, ..,, Arnold and Loretta Pirozzi Stephen and Helen Ryan 1395 August Lane ('7omc Greenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 Re: Dedication of roads - August Acres RECEIVED $oethold Town Clerk Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has filed an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our Sincerely, Stephen and Helen Ryan © John and Rosemary D'Agostino 1202 Longwood Place Coram, New York 11727 Jann0ry 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 Re: Dedication of roads - August Acres RECEIVED FEB 14 2OO3 Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has fried an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consem and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. Sincerely, John and Rosemary D'Agostino © William and Elaine Schneider 2985 Kerwin Blvd. Greenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 RECEIVED FEB 1 4 2003 Re: Dedication of roads - August Acres Sonthold Town Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has fded an AppF~cafion, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. Sincerely, William and Elaine Schneider © Thomas Thorp and Patricia Lauth 1705 Kerwin Blvd. Greenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 RECEIVED FEB 14 2003 Re: Dedication of roads - August Acres Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has fried an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. Thomas Thorp and Patricia Lauth © John and Karen Gayson 2030 Kerwin Blvd. Greenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 RECEIVED FEB 14 2003 Re: Dedication of roads - August Acres Southold Town Clerk Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has flied an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our comlBunity. Sincerely, /j~ . John andtKaren Gayson © 0 Michael Pupino and Barbara Bouldin 690 August Lane Greenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 RECEIVED Re: Dedication of roads - August Acres FEB 14 003 Soutl~o~d Town Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has ffled an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our Sincerely, Michael Pupino andBarbara Bouldin © Josh and Melissa Rubin 1620 August Lane Oreenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 RECEIVED Re: Dedication of roads - August Acres Dear Sirs: FEB 14 2003 Southold Town Clerk We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has filed an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. Sincerely, Josh and Melissa Rubin © Nick and Carol Di Nicola 945 August Lane -/~c¥~' o?~ Greenport, New York 11944 January 13, 2003 Town Board Members Town of Southold 53095 Main Road Southold, New York 11971 Re: Dedication of roads - August Acres RECEIVED FEB, 1 4 2003 Southold Town Clerk Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has fried an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and ha;~e the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. Sincerely, Nick and Carol Di Nicola GREGORY F. YAKABOSKI TOWN ATTORNEY JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 greg.yakaboski@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Re: Warren Jensen, President - August Acres Home Owners William Bogardus, Vice President - August Acres Home Owners Andrew Aurichio, Treasurer- August Acres Home Owners Maureen Gonzalez, Secretary - August Acres Home Owners Peter Harris, Superintendent of Highways Craig Richter, Town Councilman Jamie Richter, Town Engineer Gregory F. Yakaboski, Esq. Town Attorney May 24, 2002 August Acres Road Dedication This note serves as confirmation that a meeting between all parties named above has been scheduled for Tuesday, June 11, 2002, at 4:30 p.m., in the conference room at the Southold Town Hail. If you are unable to attend, please call Melanie in my office. Thank you. /md tOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of POSILLICO CONSTRUCTION CO., INC. for the Laying Out APPLICATION of Highways at Greenport, Town of Southold, : Suffolk County, New York to be known as: KERW1N BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR, and "DRAINAGE AREAS". To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York; The undersigned petitioner, POSILLICO CONSTRUCTION CO., INC., as owners of KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", a New York Corporation with its principal place of business at 31 Tennyson Avenue, Westbury, New York 11590, liable to be assessed for highway taxes in the Town of Southold, hereby apply to the Town Superintendent of Highways to lay out new highways at Greenport, in the Town of Southold, County of Suffolk and State of New York as follows: 1. The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section One" situate at Arshamomaque/Oreenport, Town of Southold, New York, filed in the Office of the Clerk of the County of Suffolk on June 3, 1991 as filed map #9107. Maps of said proposed highways have been made by Roderick Van Tuyl P.C., Professional Engineer and Land Surveyor, and are annexed hereto and made a part of the application, together with a release and application to the Town of Southold by the petitioner herein, over whose property said highways are to run. POSILLICO CONSTRUCTION CO., INC. .K~fHONY P/S~LICO - State of New York County of Nassau On the 28th day of November in the year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Posillico, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgment JEFFREY STERN Notary Public. State of New York No 30-4673721 Qualified in Nassau County .~..~_ Commission Expires December 31. TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of POSILLICO : CONSTRUCTION CO., 1NC. for the Laying Out DEDICATION of Highways at Greenport, Town of Southold, : AND RELEASE Suffolk County, New York to be known as: KERWIN BOULEVARD, AUGUST LANE, : PHEASANT PLACE, WELLS LANE, SAGE SPUR, and "DRAINAGE AREAS". : WE, POSILLICO CONSTRUCTION CO., INC., being the owners of certain land at Greenport, Town of Southold, Suffolk County, New York and included within which land are proposed highways known as KERW1N BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS"; NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR, to us in hand paid by Raymond L. Jacobs, Superintendent of Highways of said Town of Southold, and in further consideration of laying out the new highways known as KERWIN BOULEVARD, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS" do hereby release and dedicate to the Town of Southold all the land heretofore owned by us within said proposed highway as follows: 1. The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section One" situate at Arshamomaque/Greenport, Town of Southold, New York and filed in the Office of the Clerk of the County of Suffolk on June 3, 1991, as filed map #9107. And we do release the said Town of Southold from all damages by reason of the layout of the said highways. POSILLICO CONSTRUCTIONS CO., INC. AI~fHONY P~I~ICO - - v State of New York County of Nassau On the 28th day of November in the year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Posillico, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signa~u~ean~'"'"~'~Office of-~ndividual taking acknowledgment JEFFR'E¥ ST Notary Pub/ic St~,_ ER.N No 3~_,~O! New 'fort Qualified I- '~u /~ /21 ~ © TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of POSILLICO CONSTRUCTION CO., INC. for the Laying Out DEDICATION of Highways at Greenport, Town of Southold, : AND RELEASE Suffolk County, New York to be known as: KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR, and "DRAINAGE AREAS". WE, POSILLICO CONSTRUCTION CO., INC., being the owners of certain land at Greenport, Town of Southold, Suffolk County, New York and included within which land are proposed highways known as KERW1N BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS"; NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR, to us in hand paid by Raymond L. Jacobs, Superintendent of Highways of said Town of Southold, and in further consideration of laying out the new highways known as KERWlN BOULEVARD, PHEASANT PLACE, WELLS LANE, SAGE SPUR md "DRAINAGE AREAS" do hereby release and dedicate to the Town of ¢outhold all the land heretofore owned by us within said proposed highway as follows: 1. The highways known as KERW1N BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section © O One" situate at Arshamomaque/Greenport, Town of Southold, New York and filed in the Office of the Clerk of the County of Suffolk on June 3, 1991, as filed map #9107. And we do release the said Town of Southold from all damages by reason of the layout of the said highways. POSILLICO CONSTRUCTIONS CO., INC. AIq'T~HONY P~5~I~ICO ~ ~ State of New York County of Nassau On the 28rh day of November in the year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Posillico, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signatu~ea~~Office of-~ndividual taking acknowledgment 27/11 '61 TUE 15:44 FAX 516 765 6145 SOUTHOLD CLERK *** TX REPORT *** ~ 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 3004 15163336903 27/11 15:41 03'41 6 OK ELIZABETH A. NEvrLI.E TOWN CLERK REGISTRAR OF ViTAL STATISTICS iVI~RL~G Ig OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Bog 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TIlE TOWN TOWN OF SOUTHOLD F A X To: From: Re: Date: Tony Posillico Elizabet~ A..Nevffie, Southold Town Cler road dedication documents for "August Acr~k~ 11/27/01 Number of pages (including cover): --8 Please have corrected originals prepared and returned before next Tuesday,December 4, 2001, the date of the Town Board meeting. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD F A X To: From: Re: Date: Tony Posillico ~ ~i~d ~ed~caA't.~ ' lo~u mS°eUnt~ ° If~r ~°A~ngu~ierAcr~~ 11/27/01 Number of pages (including cover): 8 Please have corrected originals prepared and returned before next Tuesday,Deeember 4, 2001, the date of the Town Board meeting. Telephone number 631 765-1800, Ext. 228 Fax Number 631 765-6145. e-mail: e. neville~e~e~e~e~e~e~e~e~e~wn.southold.ny.us Please call if you have any questions. Thank you. APPLICATION SPUR, ~E AREAS". : To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York; The undersigned petitioner, POSILLICO CONSTRUCTION CO., INC., as owners of KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", a New York Corporation with its principal place of business at 31 Tennyson Avenue, Westbury, ~11590, liabl~to be assessed for highway taxes in the Town of Southold, hereby apply to the Town]Superintendent of Highways to lay out new highways at Greenport ~11o~ in t~rV6fw/ Southold, County of Suffolk and State of New York as 1. The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE,~NE, SAGE~~and "DRAINAGE AREAS", as shown and design~ed on certain maps entitled "Map\Qf August Acres, Section One" situate at Ars~amomaque(~;nnPof Southold, New/]°rt' IYork, filed in the Office of the Clerk of the County of Suffolk on June 3, 199lis filed map #9107. / Maps of said proposed highways have bejxfmade by Roderick Van Tuyl " © O P.C., Professional Engineer and Land Surveyor, and are annexed hereto and made a part of the application, together with a release and application to the Town of Southold by the petitioner herein, over whose property said highways are to run. POSILLICO CONSTRUCTION CO., INC. AI~I~6NY POyL-~CO ' State of New York County of Nassau On the 29th day of September in the year 2000 before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Posillico, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgment JEFFREY STERN Notary Public, State of New York No 30-4673721 Qualified m Nassau County Commission Exp res December 31, ~ n the Matter ofth~ Application of P/OSILLICO : ~ONSTRUCTIO~ CO.,INC. for t]/e Laying Out DEDICATION ~Highways ~'~ Town o/fSouthold, AND RELEASE g~ffolk County, New York to b~4mown as: L.L ' SAGE SPUR, an~DRAIN.~G~ AREAS". ............ .................. x inch~ed within which tand ar~16roposed highways known as KERWIN SPUR and~'t~RAINAGE AREAS; NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR, to us in hand paid by Raymond L. Jacobs, Superintendent of Highways of said Town of Southold, and in further consideration of laying out the new highways known as KERWIN BOULEVARD, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS" do hereby release and dedicate to the Town of Southold all the land heretofore owned by us within said proposed highway as follows: 1. The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section And we ~xrelease the said Town of South~/fi/om all damages by reason of the layout of th&~h~ ~ POSILLICO CONSTRUCTIONS CO., 1NC. AN~I~rI~ONY 1~ 0 S~/I~I C~O State of New York County of Nassau On the 29th day of September in the year 2000 before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Posillico, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Sigr~ture and/Office of~ndividual taking acknoqledgment J[FFREY STERN Notary Pubhc, State of New York No 30-4673721 Qualified in Nassau County Comrnission Expires December 31, /I_n..t.h.e~M..a~.e~r ~o~f~th.~ ~Application of POSILL, tCO : CONSTRUCTIO~ CO., INC. for the Lay/i6g Out of Highways ~ Town of Sou~old, : Suffolk County, New York to be ~/o~n as: KERfWIN BOULEVARD, AffM3ST LANE, : LS_ , SPUR, and "DRAINAGE AREAS". : CONSENT We, the undersigned, being a majority of the Town Board of the Town of Southold, in the County of Suffolk, New York, having duly met at a regular meeting of the said~ard o~ day of ., 2000 and havin~dduly considered the application of P~x0~ILLICO .~ CONSTRUC/flON CO., 1NC., dated the 29~ day of Septe~nber, 2000, for the laying out o!new highways at ~own of Southolt, to be known as KER WIN BOuLEVARD,~AUGUST LANE, PHEASAIxJT PLACE," / WELLS LANE, SAGE SPUK.9.n~d "DRAINAGE ARE~ hereby consent that such laying out be made in accord~ff~c wit~id petitioner. Supervisor Superintendent of Highways Town Councilman Town Councilman Town Clerk Town Justice Town Councilman Town Councilman t the Matter of th~ Application/6f POSILLICO :ONSTRUCTIOI~ CO., INC./for !he Laying Out ~f Highways ~Tffwn of Southold, ~uffolk County, New Y~to be known as: (~RWIN B~, AUGUST LANE, '~NT PLACE, WELLS LoA,,NE, SAGE SPUR, afi"W'~tgR~INAGE AREAS . ORDER LAYING OUT THE HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Town Superintendent of Highways for the Town of Southold, Suffolk County, New York for the laying out of Town Highways in the said Town of Southold by POSILLICO CONSTRUCTION CO., INC., liable to be assessed for highway taxes in said Town, and a dedication and release fi.om damage having been executed, acknowledged and delivered by the owners of the land through which the proposed highways are proposed to be laid out, and a copy of which is annexed hereto, and nothing having been paid to any claim for suCh damages; 1. The highways known as KERWIN BOULEVARD, AUGUST LANE, PHEASANT PLACE, WELLS LANE, SAGE SPUR and "DRAINAGE AREAS", as shown and designated on certain maps entitled "Map of August Acres, Section Roderick Van Tuyl P.~on ~ 19~, and amended December 9, 1985, and filed in the Office of the Clerk of the County of Suffolk on June 3, 1991 as filed map #9107. Dated the c-~q-Dq day of ~,~O-~/}Q~__I/ ,2000. RAYMOND L. JACOBS Town Superintendent of Highways Town of Southold Suffolk County, New York RAYMOND L. JACOBS Superintendent RECEIVED Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 TeL 765-3140 734-5211 Fax 765-1750 NOV 13 2001 November 9, 2001 Ms. Elizabeth Neville Southold Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 Re: August Acres Major Subdivision SCTM#1000-53-04-44 Dear Ms. Neville: I have reviewed Mr. Richter's report on the above mentioned subdivision and concur with his findings. I recommend August Acres be dedicated to the Town. CC; Bennett Orlowski, James Richter ..ctfully, Raymond L. Jacobs Superintendent of Highways 11/09/0~ FRI 13:37 FAX $16~ 1366 Southold To~n Accounting ~ 001 JEAN W. COCRRAN IgUPER¥ISOR -765 JAMES A. RICHTER, R.A. ENGINEER TOVOq OF $oLrr~o LI>, NvF~V YOR~ Tel. (516) - 765 - 1560 OFFICE OF ~ ENGINEER TOWN OF $OUTHOLD Raymond L, Jacobs Superintendent of Highways Peconic Lane Peconic, New York 11958 Dear Mr. Jacobs: Re.' August 20, 2001 August Acres - Major Subdivision SCTM #: 1000 - §3 - 04 - 44 The above referenced subdivision has been completed and meets the minimum requirements for construction as approved by the Planning Board. As you know, this subdivision has drainage problems during periods of heavy rain. Excess amounts of rain during the spdng season has created elevated water tables above the surface of the road along the Iow areas of August Lane and Pheasant Place. The sumps have been cleaned and will function as originally designed but road run-off cannot be recharged back into the ground when the water table in the area is excessively high. The drainage problem within this subdivision is a direct result of the original design that was approved by the Planning Board. The current owner of the site was not the odginal developer and has done everything possible to correct the problem. It has become apparent that the only possible solution would be to raise the road in the affected areas by several feet and require the adjacent homeowners to fill in their basements. This would become a major burden for the current owner and have a major impact on the surrounding community. I do not believe that this is a practical solution to the problem and the subdivision has been constructed and completed under the specifications and requirements that were approved by the Planning Board. At this time, I would recommend acceptance of the road and drainage areas for dedication to the Town. If you have any questions concerning this report, please contact my office. CC: Bennett Odowski, Jr. (Chairman - Planning Board) yames A. Richter, R.A. Neville, Elizabeth From: Sent: To: Cc: Subject: Wilson, Mary Friday, March 23, 2001 10:45 AM Yakaboski, Greg Neville, Elizabeth Ray called today and said there are significant drainage issues with this subdivision and he would like to "hold" this dedication until this is resolved. Ray will be contacting Jamie regarding this issue as well. ELIZABETH A. NEVILLE TOWN CL~,RK HEGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CI TOWN OF SOUTHOLD TO: FROM: RE: DATE: GREGORY F. YAKABOSKI, TOWN ATTORNEY MARY WILSON, ASSISTANT TOWN ATTORNEY ELIZABETH A. NEVILLE, TOWN CLERK Road Dedication of August Acres (Kerwin Blvd., August Lane, Pheasant Place, Wells Lane, Sage Spur, and "Drainage Areas" 2/28/01 Attached please find reports of Superintendent of Highways, and Town Engineer recommending acceptance of the above highways together with copy of survey. Please review these and all of the documents which I transmitted to you on November 1, 2000. They would like to have a resolution on the next Town Board meeting on March 13, 2001 to accept dedication of same. Please adv/se. Thank you. RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 734-5211 February 27, 2001 Mr. Bennett Orlowski, Jr., Chairman Southoid Town Pianning Board 53095 Main Road Southoid, New York 11971 'Re: August' Acres -'RoaU Dedication SCTM #1000-53-04-(44.39, 44.41 & 44.43) Dear Mr. Orlowski: In reference to the above mentioned subdivision and Town Engineer James Richter's Ietter o£ February 27, I concur with his report and recommend dedication df the roads and drainage areas o£ August Acres. Restfully, Superintendent of Highways cc: Town Clerk ~/rown Board Town Attorney JEA~q W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765- 1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 T¢1.(516)o 765- 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD February 27, 2001 Raymond L. Jacobs Superintendent of Highways Peconic Lane Peconic, New York 11958 Re; AUGUST ACRES - D~dication of Roads SCTM #: 1000 - 53 - 04 - [44.39, 44.41 & 44.43] Dear Mr. Jacobs: My final inspection of the above referenced subdivision has been completed. The street signs were the last remaining construction items to be completed and they have been installed in the required locations. At this time, all of the road construction items required by the Highway Specifications have been completed in a satisfactory manner. Legal descriptions of the Roads and Drainage areas were submitted on January 17, 2001 and copies of the survey map were delivered to my office today. I will be forwarding the surveys to the Clerks office with a copy of this report. The legal descriptions and surveys submitted by the applicant are accurate and meet the minimum needs for dedication. At this time, I would recommend the approval of the dedication for the road and drainage areas in the August Acres subdivision. If you have any questions concerning this report, please contact my office. CC:  //James A. Richter, R.A. Elizabeth A. Neville (Town Clerk) Gregory Yakaboski (Town Attorney) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 1VIAH~IAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Rdad P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: GREGORY F. YAKABOSKI, TOWN ATTORNEY MARY WILSON, ASSISTANT TOWN ATTORNEY ELIZABETH A. NEVILLE, TOWN CLERK Road Dedication of August Acres (Kerwin Blvd., August Lane, Pheasant Place, Wells Lane, Sage Spur, and "Drainage Areas" 2/28/01 Attached please find reports of Superintendent of Highways, and Town Engineer recommending acceptance of the above highways together with copy of survey. Please review these and all of the documents which I transmitted to you on November 1, 2000. They would like to have a resolution on the next Town Board meeting on March 13, 2001 to accept dedication of same. Please advise. Thank you. JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD F~x. (516)-765 - 1366 O JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD February 27, 2001 Raymond L. Jacobs Superintendent of Highways Peconic Lane Peconic, New York 11958 Re: AUGUST ACRES - Dedication of Roads SCTM #: 1000 - 53 - 04 - [44.39, 44.41 & 44.43] Dear Mr. Jacobs: My final inspection of the above referenced subdivision has been completed. The street signs were the last remaining construction items to be completed and they have been installed in the required locations. At this time, all of the road construction items required by the Highway Specifications have been completed in a satisfactory manner. Legal descriptions of the Roads and Drainage areas were submitted on January 17, 2001 and copies of the survey map were delivered to my office today. I will be forwarding the surveys to the Clerks office with a copy of this report. The legal descriptions and surveys submitted by the applicant are accurate and meet the minimum needs for dedication. At this time, I would recommend the approval of the dedication for the road and drainage areas in the August Acres subdivision. If you have any questions concerning this report, please contact my office. JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAFN ROAD Fax. (516)-765- 1366 O JAMES A. RICHTER, R.A. ENGINEER TOV(N OF SOUTHOLD, NEW YORK 11971 Tel. (516) -765 - 1560 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD MEMORANDUM To: From: Subject: Elizabeth A. Neville James A. Richter ~/ AUGUST ACRES - Dedication of Roads SCTM #: 1000 - 53 - 04 - [44.39, 44.41 & 44.43] Date: February 27, 2001 ENCLOSED PLEASE FIND FOUR COPIES OF THE SURVEY FOR THE ABOVE REFERENCED PROJECT. I HAVE RETAINED ONE COPY FOR MY FILES AND HAVE SENT ONE COPY TO RAY JACOBS WITH MY REPORT. IF YOU NEED ANY ADDITIONAL INFORMATION CONCERNING THIS MATTER, PLEASE CONTACT MY OFFICE. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To~ From: Re: Date: James Richter, Town Engineer Elizabeth A. Neville, Town Clerk Highway Dedication of August Acres January 17, 2001 Please be advised that I received the enclosed legal descriptions for August Acres subdivision in today's mail. Please review and advise. Thank you. Cc~ Raymond L. Jacobs, Superintendent of Highways' Gregory F. Yakaboski, Town Attorney O O " RECEIVED JAN 1 7 2001 So~thoid Towa Cl*~k C) JEAN W. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD R~[~f~[}765- 136~ NOV 21 2000 JAMES A. RICHTER, R.A. ENGINEER TOV(N OF SOUTHOLD, NEW YORK 11971 Tel. (516) - 765 - 1560 OFFICE OF TIlE ENGINEER TOWN OF SOUTHOLD Southold Town Clerk November 21, 2000 Elizabeth A. Neville Town Clerk Town Hall, 53095 Main Road Southold, NewYork 11971 Re; HIGHWAY DEDICATION August Acres SCTM #: 1000 - 53 - 04 - [44.39, 44.41 & 44.43] Dear Mm. Neville: As per your request, I have reviewed the dedication papem for the above referenced subdivision. The road and drainage plan that has been submitted is accurate and indicates all of the road construction items and drainage installations uAs-Built" that were required by the Planning Board when the subdivision was originally approved. The survey that has been submitted to the Clerk's office is a photocopy of the original subdivision map. It should not be considered a legal survey without the odginal seal of the surveyor. A new survey indicating all metes and bounds of the roadways and drainage areas should be requested. The dedication papers also enclosed a property description that references a "Map of August Acres" which includes the names of the Streets and the date and map number filed with Suffolk County when the subdivision was originally created. It is recommended that a full length written metes and bounds descdption of the right-of-way be requested. This description should describe all of the roadways and drainage areas that are being offered for dedication. A final inspection of the roads and drainage areas has been completed and reviewed with Mr. Jacobs. All of the work required to bdng the roadways up to Town Standards has been completed in a satisfactory manner with one minor exception. Street signs have been ordered by the Owner and should be installed in the very near future. If you have any questions concerning this repor[, please contact my office. '" 0 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS .MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Re: Date: James Richter, Town Engineer Elizabeth A. Neville, Town Clerk Highway Dedication of August Acres November 1, 2000 Please be advised I received the enclosed legal descriptions for August Acres in today's mail. Please review and advise. Thank you. C¢~ Raymond L. Jacobs, Superintendent of Highways Gregory F. Yakaboski, Town Attorney S*~hotd bu ~ O ELIZABETH A. NEVrLr TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Raymond L. Jacobs, Superintendent of Highways James Richter, Town Engineer From: Elizabeth A. Neville, Town Clerk Re: Highway Dedication of August Acres Date: November 1, 2000 Please be advised that in the future, I will be sending highway dedication documents to the Town Attorney, Superintendent of Highways, and Town Engineer simultaneously in order to expedite the review process and approval. Therefore, these documents and all future ones will not have been approved by the Town Attorney prior to my sending them to you. If you have any questions, please call me. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: TOWN ATTORNEY GREGORY YAKABOSKI TOWN CLERK ELIZABETH NEVILLF~ DEDICATION OF HIGHWAYS IN AUGUST ACRES, SECTION ONE OCTOBER 12, 2000 Please review the attached documents to ascertain if they are in the proper order to be sent to the Superintendent of Highways and Town Engineer, and Town Board for their approvals. Thank you. '10-01,.-20~3 10:,d.2PM FROM POSILL_ICD INC B16 333 6,~03 F*. 1 0 31 tennyson ave · we$~ury · ny 11590 · 516-333~0666 - fax516-333-6903 '-TRANSMI?TAL ~ I)u..,,,, are sending herewith Receiy~l ' YDurs truly, · ..... POSILLICO CONSTRUCTION CO. INC. FROM POSILLICO INC 616 333 6983 -* ' ",N"¢," TITLE INSURANCIE $~CES P. 2 'l~:le No: C~,]~]F[C.A~ FO~DF~D[CATION OF C'O~LVe~I by: ]~OS~I.LICO CONSTRL~CTZON COb~, ~NC. P-584 (10/96) New Yo~k Stats Dep~'lme~ ct Tic, etlon a~l Flcence Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate See instructions (TP-584-/~ before c~i,~=ii~ this form. Please ~rint or ~e. 0 Recording Office Time Stamp Schedule A -- Information Grantor ~:] Individual I-I Corporation r"] Partnership r-I Other Grantee r-I Individual F'l Corporalion [] Partnership r"l Other Relatln~l to Conveyance Name (lt lndlt4dce~, la~t. £~'at, nfddle In#iai) POSILLICO CONSTRUCTION CO., INC. Mailing address 31 Tennyson Avenue City State ZIP code Westbury NY 11590 Name ~/r~vi~u~; test, rd, m/do~/r~0 TOI~I OF SOUTHOLD Mailing address City State ZiP code Location and description of property conveyed ,Social Security Number I ~cial ~ecurity Number I I P~ em_~qoye[ ideal number ~ ~ Numar I I ~ S~ Numar I i Tax map designation Address . C~Mllage Town Count~ Section Blod< Lol SOUTHOLD SUFFOLK Type of property conveyed (check applicable box) I [] 1 - 3 family house 2 [] Residential cooperative 3 [] Residential condominium 4 [] Vacant land 5 [] Commercial/Industrial 6 [] Apartment building Date of conveyance 7 [] Office bulldlna , Condition of conveyance (check all that apply) / a.-..~Conveyance of fee interest b. -Acquisilion ota contrclfing interest (state percentage acquired c. -Transfer of a.controlling interest (state percenlage transferred - Conveyance Io cooperative housing ' corporation e. -Conveyance pursuant to or In lieu of foreclosure or enforcement of security interest (a~tach Form 333.584.1, Schedule E) %) %) f. - conveyance which consists of a mere change of Identity or form of ownership or organization (attach Form 7P-~84. I, Schedule F) g. - Conveyance for which credit for tax previously pall will be claimed (attach Form 7'P-5~4.1, Schedule G) h. - Conveyance of cooperative apartment(s) i. - Syndication J. - conveyance of air rights or development rights Percentage of real prop.Srty conveyed which is [esi~'ential real property \ (~.-'~ % (~ee instructions) k. - contract assignment - OpUon assignment or surrender m. - Leasehold assignment or surrender n. - Leasehold grant o. - conveyance of an easement p. - Conveyance for which exemption from transfer tax is claimed (complete Schedule B. Prat ~t) q. - Conveyance of property partly within and partly without the state r. - Other Schedule B -- Real Estate Transfer Tax Return (Article 31 of theTax Law) Pert ! - Computation of Tax Due ~2( 3 4 $ 1 Enter amount of consideration for the conveyance (il you are claiming a total exemption from tax, check the exemption .' claimed box, enter cons~eration and proceed to Part/il) ................................. I~lExemptlon claimed 2. Continuing lien deduction (see insb'uctions if property is taken subject to mortgage or lien) ............................. 3 Taxable consideration (subtract line 2 from line I) .................................................. ................ 4;. Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ..................................... 5'Amount of credit claimed (see Instructions end attach Form TP-584.1, Schedule G) .............................. ~ ..... 6 Total tax due* (subtract line 5 from line 4) .......................................................................... Pa~ !I - Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More 1 ,: Enter amount of consideration for conveyance (Irom Part 1, line 1) .............................................. 2.~ Taxable consideralion (multiply line I by the percentage of the premises which Is residential real properO/; see Instructions) ...... 3,'Tctal additional transfer tax due* (1% of line 2) ................................................................... 'Pl~'ase make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York Cit~.make check(s) payable to the NYC Department of Finance. If no recording~is required, send {hla return and your check(s) made payable, to the Department of Taxation and Finance, directly to the NYe Tax Department, ~ t t B-Transfer Tax, PO Box 5045, Albany NY 122051-5045. For record!ng officer's use ] Amount received Part ! $ IDate received · [ Transaction number Schedule B -- {conti'nued) Part 111 - Explanation of Exemption .Claimed in Part 1, line 1 (check any bOxes that apply) l'he conveyance of real property is exempt from the real estate transfer tax for .the following reason: a. Conveyance Is to the United Nations, the United States of America, the state of New York or any of thair I~strumentaiitias, agencies or political subdivisions (or any public corporation, Including a public corporation created pursuant to agreement or compact with another state or Canada) ...................................................................................... a i--I b. Conveyance is to secure a debt or other obligation .................. : ....................................................... b I-I c Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ................ c [] d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ..................................................................................................... d [] e. Conveyance is given in connection with a tax sale ........................................................................... · I-] f. Conveyance is a mere change of identity or form of ownemhip or organization where there is no change In beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F ....................................... f r-I g. Conveyance consists of deed of partition .................................................................................... g [] h. Conveyance is given pursuant to the federal bankruptcy act ................................................................. h [] i. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property .......................... I [] J. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration Is less than $200,000 and such property was used solely by the grantor as the grantors personal residence and consists of a 1-, 2-, or 3-family house, an individual residential condominium unit, or the sale of stock In a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment ....................................................................................................... J [] k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (a~tach documents supporting such c/aim) ......................................................................................................... k [] i. Other (attach explanation) ................................................................................................... i [] Schedule C ' Credit Line Mort<3ai3e Certificate (Article 11 of the Tax Law) Coroplete the following only If the Interest belng transferred Is a fee slrople Interaat~ I (we) certify that: (check fha appropriate box) 1.~.~ The real property being sold or transferred Is not subject to an outstanding credit line mortgage. 2 [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: ; [] The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or othemvise) immediately before the transfer. [] The transfer of real property Is (A) to a persom'or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as In the case of a transfer to a trustee for the benefit of a rolnor or the transfer to a trust for the benefit of.the transferor). [] The transfer of real property is a transfei; to a trustee ir~ bankruptcy, a receiver, assignee or other officer of a court. [] The maximum principal amount secured by the credit line mortgage.is $3,000,000 or more and the real property being sold or transferred Is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the roa'xlmum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit.line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more Info£mation regarding these aggregation requirements. [] Other (attach detailed explanation). 3 [] The real property being transferred is prasenfiy subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transroisslon to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it Is available. 4 [] The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is . No exemption from tax IS claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York C. I~ make check payable to the NYC Department of Finance.) Signature (both the qrantor(s) and qrantee(s) must si.qn). The undersigned certify that the above return, including any certification, $ched,;is or attachment, is to the best of his/her knowledge, true Reminder: Did you complete all of the required Informatlon'ln Scheduler A and B? Were you requlrsd to complete Schedule C? If you checked e, , o,, th s.ns,,u,, ,,. did .,, ,,.v..,. ?_- st, ed, re,d, b,,.te ,h, to place or, If the recording il II1 ~ Yo~ City, to the Ivyu uepartmem o; I~lnsnc~l a no recormng m requlrsu, o..,. · ....... ~o/, ...... ,.. the Deparlment of Taxation and Flnence, directly to the NYS Tax Department, TrTB.Trsnafer Tax, PO Box 5045, Albany NY 12205-5045. FOR COUNTY USE ONLY C1. swig Code C2. Date Deed Recorded I / / Month Oay C3. Book PROPERTY INFORMATION 1. Property (~EAL PROPERTY TRANSFER REPORT , I I STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES RP -5217 STR~GT NAME VILLAGE ZIP CODE I I FIRST NAME I 2. Buyer [ TO~q OF ROIITROI,D LAST NAME / COMPANY 3. Tax Indicate where future Tax Bills are to be seat Billing if other than buyer bddmss (at bottom of form) I Address 4. Indicate the number of Aseessment Roll parcels transterred on the deed I FIRST NAME I LAST NAME / COMPANY FIRST NAME I I I I ~ OR TOWN ST~TM Z1p CODE [ {Only if Part of a parcel) Check as they apply: # of Parcels OR Part of a Parcel 4A. Planning Board with Subdivision Authority Exists [] 48. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] g. Deed J x l I OR I .... I Size 6. Seller J POSTI.T.TP.;1 CONSTRUCTION CO., [NC,:. J 7. Check the box below which most a~urntely deecribe~ the use of the prope~y at the time of sale: iOne Family Residential 2 or 3 Family Reeidsnfial Residential Vacant Land Non-Reaideotial Vacant Lend I SALE INFORMATION I 11. Sale Contract Date Agricultural I [] Community Service Commemial J [~ Industrial Apartment K~ Public Service Entertainment/Amusement nL~ Forest I / / I Month Day Year 12. Date of Sale / Transfer I / / I Mon~ Day Year Chedz the box# below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District [] 10B. Buyer received a disclosure notice indicating [] that the property is in an Agricultural District C D E F Sale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sa~e of Fractional or Less than Fee Interest (Specify Below) 13. Fug SelePrlce I I ' I I I ' I ' I 0 , O I (Full Sale Price is the total amount paid for the property including personal properW. I This payment may be in the form of cash, other property or goods, or the assumption of J mortgages or other obligations.) Please round to the nearest whole dollar amount. 14. Indicate the value of pef~onal j I I I i I i I 0 ' 0 J ~w~,ty ~n~,'~ In the #la ~ ~ · ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of A~-~ent Roll h'om j ~ J 17. Total ~-,--~cl Value (of all parceb fo transfer) I , which information taken S(gnificant Change in ProperW Bstween Taxable Status and Sale Date~ Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price (Specify Below) None 18. Propm'ty Clm I , , J-J I 19. School District Name [ J 20. Tax Map Identifier(s) / Roll Ipemifi~ia) (If more than four, attach sheet with additional idee~ifle~(s)) [ J I I j I I I I CERTIFICATION I I cert~y that aS c~ file iMals e~ blfomat~ eafored on fllb form are true and correct (to the b~t ~ ~ ~w~e ~ ~ ~ I ~d ~ the m~n~ of any wi]lfof ~abe Statem~n_ t C~' ~ ~lct he~dn wBI subject me to the P..rg.vfldom of the I=enaj law rei'~flve t° tile m'~n-° and fllln-° °f L~ajse thstrmaents' BUYER BUYER'S A'FrORNEY BUYER SIGNATURE I TELEFHONE NUMBER I NEW YORK STATE COPY " O TITLE INSURANCE SERVICES 45 Executive Drive · Plainview · New York 11803 * 516/349-0600 · FAX 516/349-0646 Title No: SS-22358 CERTIFICATE FOR DEDICATION OF STREETS Titleserv, Inc. hereby certifies to the County of Suffolk and/or Town of Southold, that it has searched the title to the premises herein described and finds that title thereto is vested in and can be conveyed by: POSILLICO CONSTRUCTION COMPANY, INC. Subject to such mortgage(s) as appear in the annexed schedules, all of which are part of this certificate. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to such interests in fee or easement as may be acquired by the Town of Southold and/or the County of Suffolk or its subdivisions for street purposes and for any unpaid taxes and assessments and in no event is the liability of the Company to exceed the sum of One Thousand ($1,000.00) Dollars. Titleserv, Inc. Assistant Vice President Dated: 11/12/98 MEMBER NEVV YORK STATE LAND TITLE ASSOCIATION Title No. SS-22358 DESCRIPTION Al.l. those streets and thoroughfares shown on that certain map entitled, "Map of August Acres, Section One, at Arshamomaque, Town of Southold, New York," being known as and by Kerwin Boulevard, August Lane, Pheasant Place, Wells Lane and Sage Spur; said map having been filed in the Office of the Clerk of the County of Suffolk on 6/3/91 as filed map//9107. SUBJECT to the rights of New York Telephone Company and Long Island Lighting Co. (now Long Island Power Authority) under that certain easement recorded in Liber 10130 page 324. Title No. SS-22358 MORTGAGES NONE OF RECORD. O O CHECK LIST FOR ROAD DEDICATIONS ~ Dedication and release ~Application ~' Deed to Town of Southold ,~3 Real Estate Affidavits A. TP-584 B. RP-5217 C. CPF Order laying out highway ~ Consent [] Road Plans (6) ~'Title Certification Field Map (showing road) ? Chronology of Process: 1. receive above documents and forms from applicant/applicant's attorney ~ 2. mad plans to Engineer office for review ~"~. Engineer report written ~,~4. Superintendent approves engineer report 5. Town Board passes resolution accepting road dedication 6. deed and dedication and release are filed with the Suffolk County Clerk's Office RECEIVED 14AY I 8 1~8 RAYMOND L. J~COBS Sur3edntendent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 734-5211 May 18, 1998 Mr. Bennett Orlowski, Chairman Southold Town Planning Board 53095 Main Road $outhold, New York 11971 Re: August Acres- Inspection of Roads and Drainage areas for possible dedication Kerwin BouIevard, Greenport, New York SCTM #1000-53-04-44 Dear Mr. Orlowski: I have reviewed the engineer's inspection report (attached) and concur with his findings. Superintendent of Highways cc: .Town Clerk file Enc. RAYMOND L. JACOBS SUPERINTENDENT SOUI'HOLD TOWN HIGHWAY DEPARTMENT Fax. (516)-765-1750 O JAMES A. R/CHTER R.A. ENGINEER TOWN OF $OUTHOLD Tel. (516) - 765 - 3070 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD Mr. Raymond L Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, NewYork 11958 MAY 11, 1998 Re: AUGUST ACRES - Inspection of Roads and Drainage areas for possible Dedication Kerwin Boulevard, Greenport~ New York SCTM #: 1000 - 53 - 04 - 44 Dear Ray: As per your request, I have reviewed the file on the above referenced subdivision and I have inspected the site to verify its current condition with regard to possible dedication to the Town. The original design consisted of 36' wide oil & Stone roads with concrete curbing. The drainage design consists of catch basins that are connected to two independent recharge basins or individual leaching pools. Underground utilities, such as water and electric, have also been installed within the Road right-of-ways. Reports in the file have indicated that road flooding problems have existed in the past. Current inspections revealed that some flooding problems still exist. Due to the current overgrown condition of both recharge basins it was not possible to determine the exact cause of the flooding. The catch basins throughout the site and both recharge basins will require a thorough cleaning pdor to evaluating the capacity of the system. Please note that this proposed cleaning will most likely allow the drainage system to function properly. The construction items and proposed cost estimates for the related work necessary to bring the existing roads into compliance for dedication to the Town are as follows: The clearing and grubbing of two Recharge Basins. It will require the total clearing and grubbing of the recharge basin areas. It will also include the replacement of perimeter fencing. (The existing fencing may be salvaged for to-use subject to the approval of the Superintendent of Highways.) This item will also include the cleaning of all catch basins, drainage pipe and head wall areas within the recharge basins. Clearing and Grubbing of the Shoulder Areas. Approximately 800 L.F. will require work. Provide Topsoil & Seed as required. Page I of _2 © O Raymond L. Jacobs AUGUST ACRES Subdivision - Road inspection May 11, 1998 Page _2, of 2 = Clearing & Grubbing of Pavement Areas. All gutter lines within the pavement area where vegetation is growing will require grubbing. All grass shall be removed in its entirety and all dirt areas shall be treated with an approved herbicide. Cleaning of all Leaching Pool / Drainage Structures. This item will include all catch basins and leaching pool systems that are independent of the recharge basins. New Street Signs will be required. Asphalt Base hot patch. This item shall include all existing pot hole areas and along gutter lines where asphalt will be removed during the grubbing of vegetation. Asphalt hot patch material shall be a minimum of 2" thick shim mix. Oil & Stone Re-surfacing: (Rc 250 & lA Blue Stone) The entire road surface will require re-surfacing with one course of Oil & Stone. All road surfaces shall be swept clear of stones & debris Prior to re-surfacing. The above referenced construction items and related costs are estimates only. The work required will be subject to field conditions and the approval of the Superintendent of Highways. The total estimate indicated above does not cover any additional costs such as bonding fees or engineering fees that may be necessary for this project. If you have any questions concerning this report, please contact my office. ames A. Richter, R.A. RB IV D RAYMOND [_ J~COBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N~Y. 11958 Tel. 765-3140 734-5211 May 18, 1998 Mr. Bennett Oriowski, Chairman Southold Town Pianning 8oard 53095 Main Road Southold, New York 11971 'Re: August Acres- Inspection of Roads and Drainage areas for possibie dedication Kerwin Bouievard, Greenport, New York SCTM #1000-53-04-44 Dear Mr. Orlowski: I have reviewed the engineer's inspection report (attached) and concur with his findings. Superintendent of Highways cc: .Town Clerk file ENC . OF' £ _:Ts ' ' '~ ' '~ :' ' ~ :'~'I '~ ~ ?.,.. '*~ '~'~ ~" ~ Z; ~ 1 ~.,.,. ~ %~. I ' .,~,~ ..~~L',~¢~~ ~ . , .'v ~ / - ~ ....' ' ' ...... ~'~x~-,, , , i ,~. ~-- - ~ / ' e',¢ ~ ~'~.~ ~ ~ ' '-.~ .. .., _, ,,,. /. ~, , ,,o,,~,~. ~o.,~o.~.~ ~ ~o.,~o~.~.~ ,~.o~.~. ~,o~ ~ / o ,~== %o0 ~ ..... ~ - -'---%oo '-"" .. .~ /~. .., . ~*,~ . ,~ ~.~ --,: - .' ~ ~,,' , ~ ~ '~ ~ n,, :¢ ' , ', L', ¢ ;,~ .~ .- ~z t~' ,,. .. .. ,,.,.. ,... ,?: :: ,; ,' ' L~ ~G~ ~T~T~ j - ' ~ ....... .................... _ ' Z ~:- - . ,,' .'~ . ~ , ,'," ~ ~ %'""-,~ Z::L~ -~ ..... pu~ . '* =~ ,~ ~ .... ~_C~]L ~ '""~ " ' "q "' ' ~ :~ -F.G. 5.6 TYPICAl PLAN VIE.W.__DF 18 CMPP' 12" d OVER STR. ]-L.E z,x,~,~o' STREET SIGN DRAIN_BAsSI N HEADWALL BERM NOTES: I. ALL DRAIN PIPE TO BE 16 GA. GALV. CORR, METAL PIPE ,PFRFORATED SET LEVEL BETWEEN CATCH BASINS, 2-.FORGRADES AND OTHER DETAILS SEE APPROVED SUB DIVISION PLAN AND PROFILES. Is- IS-O l/ RIP RAP 30" 4'X Zl' A TYPICAL HEADVVALL SECTION BAYSHORE A TYPICAL H E A DWALI NO SCALE ELEVATION_ ~ -/- ¢,0 IxO 2-E.B. TYPE-B ~' DEEP A C MPP . TYPE-A z~ ® \ 18'~ CMPP 2-LB. TYPE'B 8 DEEP . ]-pB TYPE'A ~fi'G. EL G,O, I~, CMPP~ A E 0 ~,s~ , A HEADWALL ~' 30"¢) CMPP o STANDARD LEACHING BASIN TYPE -"A" L. 8Lo" 18_~ '6" 24" i__ CURB TYPE- B /CODE 3189,q ~.% OR EQUAL . TOWN APPROVED; .J X- SECTION ,NO C ONC, GUTTER TYPICAL 36-0 - FENCE ,A STANDARD ' LEACHING BASIN~ TYPE -~," THRU RECHARGE SCALE ,,, lOFT. EA. SID~ OF C.B. TyPI~AI~,'', ' " ALT, ROADWAY S EC'T I'® I 4FRAME AND GRATE .OVER ELQW STRUCTURE OF SOUTHOLD DATE: DATE: SUPT. HIGHWAY TOWN ENGINEER NO SCALE SEE H.W. ,' DETAIL BASIN ~ JRB NE. (.U,,Y, N, Y. DRAiNA~EAND OTHER DETAILS FOR 'AUGUST ACRES TOWN' OF SOUTHOLD NEW YORK DAli ~:ALE PLAN NO, 6-26-?6 I- ~00 AA-I,