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/06 7 180 l06o O an" 1 ?A , irkste, 41. 5G3.5 L-o# locc —t- ®,Ef Id. -/ 6- o'f A /?- meq- 0`f • S APPEALS BOARD MEMBERS rdrp�0 COG Southold Town Hall Ruth D. Oliva, Chairwoman t y� . 53095 Main Road Gerard P. Goehringer y = P.O. Box 1179 Lydia A. Tortora 1` 411 Southold, NY 11971-0959 Vincent Orlando •1• p- 1 Tel. (631) 765-1809 James Dinizio, Jr. =�01 l�t �a,r r Fax (631) 765-9064 http:i;southoldtown.northfork.net RECEIVED BOARD OF APPEALS // . ID ,g* TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION „f,"' ? 2005 MEETING OF DECEMBER 29, 2004 ZB Ref. No. 5635—Nick and Olga Diakun T Property Location: 1180 (and 1060) Stanley Road, Mattituck CTM Ref No. 106-7-34 and 35 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 16, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 24.382 sq. ft. and is shown as Lot 1 on the filed Map of Sunset Knolls, Sections 2, and the Suffolk County Tax Maps as Parcel 106-7-34. The adjacent property which has been deemed merged by the Building Department with the applicant's property is vacant land referred to as CTM 106-7-35, shown as Lot#2 on the filed Map of Sunset Knolls, Section 2. BASIS OF APPLICATION: Building Department's October 20, 2004 Notice of Disapproval, citing Code Section 100-26 in its denial of a building permit application, in which it determined that CTM 35 has been merged with CTM 34 due to common ownership during a period of time after July 1, 1983. RELIEF REQUESTED: Applicants request a Lot Waiver to unmerge CTM 35, shown as Lot 2 on the Map of Sunset Knolls, Section 2, from the adjacent house lot (CTM 34) shown as Lot 1 on the Map of Sunset Knolls, Section 2, consisting of 24,382 sq. ft. CODE PROVISION: Section 100-26 of the Zoning Code reads, as follows: A. If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. •Page 2-December 29, 2004 • . ZB Ref.5635-N. and O. Diakun CTM 106-7-35 and 34 REASONS FOR BOARD ACTION: In considering all of the above and applying the criteria under Section 100-26 of the Zoning Code, and on the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The waiver of merger will not result in a significant increase in the density of the neighborhood because only one additional house will be built. 2. The waiver of merger will recognize a lot that is consistent with the size of lots in the neighborhood. The neighborhood and district is well-developed with single-family residences, and consists of many older lots that do not conform to the R-40 (40,000) minimum for this zoning district. 3. The waiver will avoid economic hardship because the lots are currently held in two deeds, dated August 21, 1971 (CTM 35) and deed dated February 2, 1970 (CTM 34). The owners acquired the lots with reliance on the filed Map of Sunset Knolls, Section Two, and the codes in effect during since 1970. 4. No evidence was presented to suggest that its natural details, character, contours or slope would be significantly altered in any manner. Nor was any evidence presented to suggest that the lot would require substantial filling affecting environmental or flood areas. 5. The waiver would recognize the original lot lines for Lot 1 as set forth in the filed Map of Sunset Knolls, Section Two, April 9, 1970 as Map 5448. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Dinizio, and duly carried, to GRANT the Waiver of Merger, as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such use., setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Orlando (Acting C :irma/ , ii••h n• /and/pnizio. (Absent were: Chairwoman Oliva and Member Tortora). This Resolutio as •/ ly ..pt:d/6-0-2) J. to Vincent Orlan••, Ch'firman 144705 Approved for Filing • LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 16, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold,the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, December 16, 2004, at the time noted below (or as soon thereafter as possible): 10:35 AM - NICK AND OLGA DIAKUN. Request for a Lot Waiver under Section 100-26 concerning Lot 2 containing 20,750+ sq. ft. as shown on the Map of Sunset Knolls, Section 2. Based on the Building Department's October 20, 2004 Notice of Disapproval, and Section 100-25, the properties have been merged due to common ownership with the first lot at any time after July 1, 1983, until the total lot size conforms to the bulk schedule requirements. Combined the lands total 45,132 sq. ft. Location of Property: 1180 (and 1060) Stanley Road, Mattituck; Sunset Knolls Subdivision, Section 2, Lots 1 and 2. Zone District: R-40 Residential The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: November 23, 2004. Ruth D. Oliva, Chairwoman Board of Appeals rT C .. �.LC v • —ern a-6- - 11JJ ✓ r4v ' " < FORM NO. 3 • 1 ,j a=0. NOTICE OF DISAPPROVAL DATE: October 20, 2004 TO: Olga & Nick Diakun 60-50 83rd Place Elmhurst, NY 11373 OCT 2 g "2004 Please take notice that your application dated October 12, 2004 -1(341 For permit merger determination at V7 Location of property: 1180 Stanley Rd., Mattituck County Tax Map No. 1000 - Section 106 Block 7 Lot 35 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the east (SCTM # 1000- 106-7-34) pursuant to Article II Section 100-25 which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature CC: file, Z.B.A. 7,6 ll- 5"o.3 5 APPLICATION FOR WAIVER UNDER SECTION 100-26 This review is for lots which have separate deeds recorded prior to • 1983 and undersized . A merger determination has been issued by the Town Building Inspector (copy attached) . The zoning of my parcel is presently : I/Z Act-i The size requirement for this zone is : l) o. -, square feet per parcel'. County Tax Map Parcel Nos : 1000 10(0 - 7 - :3- j I (we ) , WK0Ic,:3 c 0' -(\;t,Irari as owners of the contiguous lots shown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination : 1 . Copies of my recent tax bill for both ( all ) lots . 2. Copies of deeds dated prior to June 30 , 1983 for all lots 3 . Copies of current deeds of the parcels under review. 4 . Copy of the current County Tax Map for my neighborhood . 5 . $ 150 . 00 application check which is not refundable if this waiver is denied . I understand that if an unfavorable waiver action is issued by the Town of Southold , that I reserve the right to file for a subdivision and , if necessary, area variances under the usual procedure . By making this application , I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver . � f Ind l ld it (2 1 t-% "17 ( Applicant nd Owner ) 17r`-e ( Apwfic nt and Owner ) Sworn to before me this 0000 / day of h-0 , 1S9 Z.g1 dfy ID=11.1111U111111 No a rfrlic NOUS PUMAS II limb% NO.OWINIMINIa Ikea On. las IbpbsiallawaQ A Waiver is hereby approved denied ( delete appropriate action ) based upon the above documentation . .,.,, Issued by Reasons for application ( to continue on next page). zbata.w1295 TOWN OF SOUTHOLD PROPERTY RECORD CARD Al- J9 A /000 - /06 - 7 - 3-5- OWNER - 3sOWNER STREET / (C O VILLAGE DIST. SUB. /LOOTT -At 4/0.f b /4Xv f-,� w tell Ala a 1ri'AIC K 9 -/-u/.4,124L/�d-.a ._ 7 ../1QQ-{d FORMER •WNEIrv4rt N / E ACR. iii. = / 4 - OS - S W TYPE OF BUILDING I S. 3// SEAS it VL. I FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS %. Vo--0 goo ✓v/, o 4j R�aoa /y7/7a Son X Qo /f 97/ � � coo a 3,3/7/ St-tit/ft-CA v/i ,, (V lb Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total TOWN OF SOUTHOLD PROPERTY RECORD CARD A7.- 9� '' /dao - /66 - 7- 347 / OWNER STREET / fl YOT `, VILLAGE DIST. SUB. L �/ Mil <o1sr ArAkN1V 4-k' Sta „ /,ey ftaad A1�1s e/i 7✓c ,� 9 , ire - -r;:a-tat'.0 ,G�E.'cio"R FORMER 6�NNER M ' / 3� N / E ACR --41-_1 TYPE OF BUILDING _ e 1 / / 171-41-711/00Q/ /hvoxiN. , ., z10 SEAS 0 VL. FARM COMM. CB. MICS. Mkt. Value D IMP. TOTAL DATE REMARKS .1/0 0 ,c0 v ✓ 7 yyn . / // es/73 d v v 14 41 eYOO / //Z V7/ Swigf! A _ w L0T L.R/ < c %: `i9 o S ov ✓ ,-/l/7Y 'i`�eRyi7 Sy'So _—_ o,a v 8Ah,e /Ikeei14z/�2 I $� 3 31 0 0 0 71,4 3 ;1 . • It Tillable FRONTAGE ON WATER / Woodland FRONTAGE ON ROAD /3C Meadowland DEPTH Ar / 70 1 House Plot BULKHEAD Total 1 .. ICOLOR 0 /7 C TRIM W A ft tiLtritti a ,, , . , .eiu a 8♦o..y 1 , I ; 9' a r II 2l a I / J tory M: Bldg„ 2V . 3-67 e/74 2,2s'_35'a 2 i tXtersi , BXR2 yx 21 ' 3-v,-/ I H Eft-nsiX ‘ = /al 3 ' ' 7 3oC, — Extension II Foundation Po - J C/CM Both / b:2- Dinette Porch Basement FV(' Floors 03 k K. Porch Oim4 Z/ x y , 7 y ,51 hi z Ext. Walls yiwy01,84,1)4 Interior Finish ,r4 mci LR. Breezeway Fire Place 2V 17 C. �IW Heat D DR. , I li� Garage 2 K /7 c 9� ? 1f Type Roof f7/i� s Rooms 1st Floor I BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total 1151/1/ Revls crn6 06-2]-96 11-21-99 S 09-03-96 ,. tt II-1 .01 12-06-99 x 9410 \ 06-05-01 011 03-16-01 \ 06-01-01 � (21 10-29-01 43‘j• .y411111* �¢ 171 11-21-0i ar Y 32 in / ®�G0 ¢ �' '8' 4 14 • EAST RD. 1w;' e h' / p'fri S6L,I,. cb ,O 3 $ }\ '° \'�61 sti aset'l c 9j \ .�`® 1 ® L pz-• ALast Ise / \ '� rt '/� DR. ®�� ga®�e 4 6 GCb / �y \\\ 'a \• ].f ria Ste Q. ab CS <' : ' alliallia •'e ♦ W N s)e11 \ 4) so 29yq. ®® Y Yn0.0 Sr '•>g)♦ •as 9� .y \a) e e \ •\s Y 4 s i3 \9I16, Fr ®®®® F: ti `/ / 5 + \ C.0i\ �iP 9 l \9NL\N^�\ i SL -\ ]] 1L0119 t0 P .. s 9" ks 4. . \ e •\9N\ ✓ 6 a°StøS*! {g \ B Y4 2 y a�GZJ` °a/ k.,. •` \ � :\ ® `N \� ] as,\ \4 \ ' <'‘ s tb i\O.,e ir e \ M1 \ - ,4 2- z' s a .9 tJ. � '. M1 '��\....\ A , 2_2. , „ 7 , , j4 e i., O eo 1\ \ © \4 imlu \ . ` 4 Y)\.orf :¢. .E 2.2 \ \ .PE'L• .,,O`,,� 446 •• \FL 1\p:V . • 7.8 \ 6.YSY.Ed4.\ \ \ 9 4e L141C1 \ ` µY .\ \ e\ j n. FOR PARCEL N0. 1 2AdICl a_ SEE SEC.NO. \ \ Y. 105-01-001.1 \ ..6 �/4. x9 6 s € 11 \F \ W \ •'uN r\ 3 \\ a\ ,0P. 6 SEE SEC.NO. ', \ LOR PARCEL NO. 51 '\ LOdlu a 105-01-006.2 \ r1. IU-0YE SE$-001.C.M.1 3.241c. 1 n ies.;aJ - /f 0 ...rex LME \ / N4TCN Ze- � \ 7.9 22 \ d I SEE SEC.No.111 \ L4e,cp \ L 9,090-,I a-MDV lot r¢ \I ev tY - teal.On.n Ln x uLE55 DA990 09NENASE. ALA E u.e...m.P... -- - 9m,ua,rx:Od6 1211 �,v O (co Merle (4 -. _ x,A_e,nti.r• TIE OLLO. - E .x. ..� —_.—_ �.,. — ,—_ SOCIX 4SEPw iw 23 :1:FTILL- ',lni I�IF \\ SEE YC.M.100 ls' 5 0 . i 1, Subdivision COPtDIn Kidd Estates I - f ‘___ N. 81°26120"E• /58.38'• _ cn o c I o i Lot 1 �, erc Lot 2 N Area = 24382 s4. ft. o �^ 0 m o in in ti `1 CZI r____ ___„a . Fo. 11� Y' X 4e � _ .�/�g ,y r.`A'�c Jai' ctt t1a. , Sk. c- 0, G'i ,,.\ , L-7120. 49 D (o'V `� ` It 32625 Z ting. E 4750d R m �, Nye°3yzd y o" ) ROAD 5.71 344, w 16. STANLEY W p MONUMENT SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APRIL 9, /970 AS MAP NO. 5448. REVISED YOUNG 8 YOUNG AWE/, /972 400 OSTRANDER AVENUE, RIVERHEAD, N.Y. ALDEN W. YOUNG HOWARD W. YOUNG PROFESSIONAL ENGINEER AND LAND SURVEYOR LAND SURVEYOR,NYS NO./2845 N.Y.S. L/C.NO. 45893 SURVEY FOR M/KOLA✓ D/AKUN 8 OLGA D/AKUN LOT / " SUNSET KNOLLS " SECT/ON 2 AT GUARANTEED TO: MATT/ TUCK SECURITY TITLE lit OU4RANTYCO. TOWN OF soUTHOLD t SUFF. CO., N. Y er ,sei dr, ;;- SCALE= /.,=4O' DATENOV. 1/, 1970 70 46 • • „ „C°PtO/n Kidd Estates Subdivision - ,, ubdivision - /58.38 N. 81026'20 E.. SA c o Q LO t w Z 0 Lot 2 N Are° = 24382 sq• ft. ,�; 93 o (1) o ot ca / m \ /-5t,) o 2- U 5 a� ,c, tb4 95 ` N A C o Z Iv \es - L=120. 49 r 0�1 R=32625 0 Z �tih3 o 9120.1%-- ---4150 „„y ROA 0 m N 11 3 5.71 9 ,-, STANLEY NOTE, II p MONUMENT SUBDIVISION MAP FILED NV THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APR/L 9, 1970 AS MAP NO. 5448. REVISED YOUNG 8 YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, N.Y. ALDEN W. YOUNG HOWARD W. YOUNG PROFESSIONAL ENGINEER AND LAND SURVEYOR LAND SURVEYOR,N.Y.S L/C.NO.12845 N.Y.S.L/C.NO. 45893 SURVEY FOR M/KOLA✓ D/AKUN S OLGA D/AKUN LOT / "SUNSET KNOLLS ” SECTION 2 AT MAT T/TUCK GUARANTEED TO: SECURITY TITLE It GUARANTY Co TOWN OF SOUTHOL D SUFF. CO., N. Y BJ ... '�zaxq SCALE I 40 DATENOV. 11, 1970 NO. 70-1786 � , �,0iS�FFOUr , Office Location: �� e�� 3 410 Mailing Address: Town Annex/First Floor,North Fork Bank ; 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 ���� P.O.Box 1179 Southold,NY 11971 ?*®1a0����� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 January 28, 2005 Ms. Jola Tremaroli Mr. and Mrs. Nick Diakun 70 Orchard Road Briarcliff Manor, NY 10510 Re: ZBA File Ref. 5635 — Lot Waiver to Unmerge Dear Ms. Tremaroli, and Mr. and Mrs. Diakun: Please find enclosed a copy of the waiver determination rendered by the Board of Appeals at its December 29, 2004 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents or amendments during the final review and building permit steps. Thank you. Very truly yours, Linda Kowalski ' Enclosure Copy of Decision 1/28/05 to: Building Department 11 fR 69J3 PAGE 4Ub _ Standard N.Y.B.T.U. Force, —8-63—Warranty Deed With Full Covenants—Indtvrc 'r Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 21st day of August , nineteen luau/red and seventy—one BETWEEN MICR&EL EVANS and-ANNA EVANS, his,wife, both residing at 146 Carroll c. Street, City Island, New York, " e e f party� tof the first part, and NIKOLAY DIAKUN and OLGA DIAD, his wife, both residing at Cffewell •Street, fptr�� 5 Brooklyn, City and State of New Yank, 1 Pt w 94 -g __ party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain lot, piece or oared of land, with the buildings and improvements thereon erected, situate, lying and being lit Mattituok _Town_of Southold, Cornaty of SuffState of New York, designated Lot No. 2 o a map ent$tled4.,TNap Sunset Knolls, Section two, Matt tuck, Town of Southold, Suffold County, New York", filed in t e office of the Clerk of the County of Suffolk on the 9th day. of April, 1970 C7 N as E File No. 3448.. .W1 SUBJECT to Declaration of Protective Covenants made April 3, 1970 and recorded in the office of the Clerk of the County of Suffolk/ on Aprl7, 16, 1970 in Liber �j 6130 Page 293, and amendment thereto dated June 30, 1970 and recorded in the y .. Office of the Clerk of the County of Suffolk on July 9, 1970 in Liber 6770 ; , Page 393. BEING AND INTENDED to be the same premises conveyed to the party of the first part by deed dated March 13, .1971 and recorded in the Office of the Clerk of Suffolk / County on March 18, 1971 in Liber 6902 Page 56.' � TOGETHER with all right,title and interest, if any, of the party of the first part of, in and to any streets 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 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, 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- ation as a trust fund to be applied first for the purpose of paying the costs 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 same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the said „r - premises in fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. , IN WITNESS WHEREOF, the party of the first part has duly executed'this deed the day and year first above written. IN PRESENCE OF: ,,... . .. '`;,:. : :; Michael Evans i 1- - _ --;cic).)..)- - ,,,,z- W}eni.e..__ :,:,...4.zi,,,... . _; _, _...:, ....-4.1.:,., . , i,,,, :.•: ,,- - , ....,,,. .„,..„,.k6 . # `,00:::_.,,,,.;., ,,,,,...,F Ift0 �`4'714 'CI -4-F•. •��c`��� �� ; .• - Anna Evans '•.. - -Ci ., 1.18Ei 6993 PAGE 407 , STATE OF NEW YORK,COUNTY OF SUIT= SS: STATE OF NEW YORK, COUNTY OF w SS: On the 21st day of August 19 71 , before me On the day of 19 , before me personally came mum EVANg and ANNA EVANS, personally came. • ,.,, , u� his wife, T w. . .. to me known to be the individuate described in and who . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. executed the same. WILLIA 1 CLARK Notary Public, State of NeW Yoc$ No. 30-5712500 Qualified in Suffolk County ' herr Expires March 33a, 197D, STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the • of that he knows the corporation described in and whi<ht;executed the foregoing instrument; that he to be the individual knows the''.ea1 of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said ins , ment is such corporate seal; that it was so that he,.said subscribing witness, was present and saw affixed by o' r.of.,the board,^pf directors of said corpora- , execute the same; and that he, said witness, tion, and that ,.,'lie signed h knaine thereto by'like order`.'' '`'at the same time subscribed h name as witness thereto. z arraf, W�e�ed • SECTION a WITH FULL)COV,ENANTS,,, . , - .BLOCK ' TITLE 110. LOT — r I . . q, .^, .'f ' . CQUNTX OR:TOWN 'SUFFOLK' . •u .. • ' • I+IICKAEL EVANS & ANNA EVANSi NIKOLAY MAIM & OLLAs#1'IAIUN . Recorded At Request of American Title Insurance Company ;,S NDARDt FORM'OF ,, - RETURN SY MAIL TO: NEW YORK BOARD OF TITLE UNDERWRITERS I •tr• =Distributed 14: : :- ' , I' , �.. °,1.,.i.i. a' --, o'•,-.,, . . ' , WJ. CLARK, ESQ. ^ w6; a T T ' MATTITQCK, NEW YORK 11952 "Tag 40,, t� <-f I'/�� •,. • ,• tY •,, BEgVICE ID✓ ' ;xq;.a INSURANCE COMPANY ' Zip No. GUARANTEED TITLE DIVISION W V U. W O N....0s• N � Sd -1;2 , x e a - j .o � C'S w Uu- in H '� a ,, W CONSULT YOUR LAW ',BEFORE SIGNING-THIS INSTRUMENT—THIS if, TUMENT-SHOULD BE USED BY LAWYERS ONLY. THIS AGREEMENT, made the 2n-a day of February , nineteen hundred and seven Ly BETWEEN SUNSET KNOLLS DEVELOPMENT, CORP., a domestic corporation with office and principal place of business at Hain Road, Nattituck, Town of Southold, Suffolk County, New York, and OLGA DIAXUN, his wife, it hereinafter described as the seller, and NIKOLLJ DIEM residing at 59 Newell Street, Brooklyn, New York 11222, • hereinafter described`as the purchaser, WITNESSETHOha(; the*seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of,lanFl::_ :situate,;lying and;beinglaCIW at.'Pla titack Town. of Southold, of Suffolk and State of New York, known and designated as Lot ` o. 1 ren a map to be known as "Nap of Sunset Knolls Section 2, Nati ,e ; _ own.•of Southold, Suffolk County, New York" to ' ' filed in the- Suffolk' County Clerk's Office's a copy of the Preliminary Subdivision Plan of Sunset Knolls, Section 2, is attached hereto as Schedule B. The seller represents that it intends to have the lots on the "N of Sunset Knolls, Section2" furnished water by the Captain Kidd Water Co.',• Inc. , and that application is being made for an extension' of thi water company's service area. In the event that water mains are not installed or• in working condition on or before June 15, 1970, and in event that the Board of Health will not grant a permit for< the in.st 1 tion of a private well on Lot No. 1; then the purchaser has the optio to cancel the contract and the seller agrees to refund ' all monies pai hereunder and thereafter neither party shall have any further claim against the other. The seller represents that it will make application to the Town Southold for the dedication of all streets as shown on "Nap of Sunset Knolls, Section 2," as soon as the required assessed valuation has be obtained. This representation shall survive closing of title. The seller reserves the right to stockpile and remove topsoil' on the premises until the closing of title. • M . r :iJ_ J.:.1C: .,(..;' ' ` r 3 ' ,. • \ This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any'street, road' ayenue open ,or,p`roposed�-iq'front;et or_adj, g� d, m s,-x�.the writer linc_thereof,Land,'all,eight:title_and interc of't7te seller to and Lo any-awarcj 1.Iade or to be made in lieu thereof", nd,in,and oto any unpaid.aware fof, damage to sa prec3tses ty reason ofchange of gr de of any sheet;anid-tlie s'ell'er will 'e ecu c and�clefivel-To-tTie purchaser, on closing . title, or thereaftgrsorj,�d`eidYalt�prSi f�insiryiejits;for-the-cocrveyancu'-of lrtitle-amd"tIre-assignment"and-collettioir any such award. -- - - - Standard N.Y.B.T.U. Form 8002-8; "3argain and Sale Deed with Covenant against Gran kcts—Individual or Corporation(single, sheet) • CONSULT YOUR LAWYER BEFORE'5IGNOING THIS :11W#MEs •—v ll!ls INSTR6 AAA—.a. SHOULD BE USED BY LAWYERS ONLY. LIBER 7193 PAGE 87 N.Y.S. THIS INDENTURE, made the 1st day of July , nineteen hundred and Seventy-two Transfer Tax BETWEEN ANNA EVANS, residing at Stanley Road, Mattituck, County of Suffolk and 36.3041 i State of New York, vy party of the first part, and MIKOL .J DIAKUN & OLGA DIAKUN, his wife, both residing at 59 Newall Street, Brooklyn, City and State of New York, party of the second part, WIThESSETR,-that,the party.of.the first part,in,consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being iiiat Matt .ttixcir, f Southold, County of Suffolk and State of New York, designated s Lot No. a map entitled "Map of Sunset Knolls, Section 2, Mattituck, Town of , Suffolk County, New York," filed in the Office of the Clerk of the County of Suffolk on April 9, 1970 as Map 5448, SUBJECT to any state of facts an accurate survey may show. SUBJECT to covenants, restrictions, reservation and easements of record. ",. 1r) i1 A 1i 4� 1 y 't ra SMIE Of t.�, t t�r ! s _ �v'. 5i.'. 1 5,. ,![fl! Y tt ltr :, U) C„2 •may- E 1. I y `i _ iz1.1 — [(71 r,G JJL', 2 r\` �. L+ $J, •F. Fu 0"c� ' P8 109215 74. ) TOGETHER with all right,title and interest,if any, of the party of the first part of, in and to any streets and �q roads abutting the above-described premises to the center lines thereof; TOGETHER with the cand all the estate and rights of the party of the first part in and to saidremises; TO IAV AND TO \ HOLD the premises herein granted unto the party of the second part, the heirs or successors end 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 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 partyof 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 same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above, written. IN PRESENCE OF: r . Anna Evans LIBER (_go PAGE 88 STATE OF NEW YORK, COUNTY OF SUFFOLK SS: I STATE OF NEW YORK, COUNTY OF SS: On the 1St day of July 19 72, before me On the day of 19 , before me personally came personally came ANNA EVANS to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that She executed the same. executed the same. \40.1:„ J. 0i i*. :,attaTy Fublic. ,State at New Yon, t4 oS©571250) Qualified in Suffolk County Term Expires March 30, 197 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 ,before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the • of that he knows , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he,,said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. .k Vargaiat U*Ib *ale herd SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK TITLE No. Lfr r7 6,( ) LOT ., , COUNTY OR TOWN SUFFOLK ANNA EVANS TO MIKOLAJ DIAKUN & OLGA DIAKUN Recorded At Request of American Title Insurance Company / RETURN BY MAIL TO: STANDARD FORM OF ' NEW YORK BOARD OF TITLE UNDERWRITERS WICKH M & LARK, ESQS, Distributed by • ' A MAIN ROAD ' ' MATTITUCK, NEV YORK 11952 :.CONTINENTAL TITLE Zip Nn. SERVICE , •• +c . INSURANCE COMPANY - ..,H..4"S, -,Y,.--r'}y.,.;;u.-..,,1pc,.3.12 -, or66- ,.z:`—',.-'666, 6 6 - _ - —"' 'A"M'`entier of The Continental Insurance Companies esiU U. 3 7.` G7 r� � to u.:�� Cy .i Cr_.. . n • C7 � .� .u.,.1CD ea III C <—)t,-- '4„,-; v) ' ati -- f�� IJ • /+i Srandrrd N.Y B,T''U.Form 8041»7-69-70M—Contract of Sale CONSULT YOUR LAWYER t RE SIGNING THIS INSTRUMENT—THIS INSTR iNT SHOULD BE USED BY LAWYERS ONLY. • THIS AGREEMENT, made the 2nd day of February , nineteen hundred and seventy BETWEEN SUNSET KNOLLS DEVELOPMENT CORP. , a domestic corporation with office and principal place of business at Main Road, Mattituck, Town of Southold, Suffolk County, New York, and OLGA DIAKUN, his wife, 1 • hereinafter described as the seller, and MIKOLAJ DIAKtTN4' residing at 59 Newell Street, Brooklyn, New York 11222, • hereinafter described`as the purchaser, WITNESSETH,•that•,the°seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land,.NI' r.n'r•a.. 7:,rt,•• n:..04 At, .,�: :-�<, situate, lying and being a at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 1 on a map to be known as "Map of Sunset Knolls, Section 2, Mattituck, Town of Southold, Suffolk County, New York" to be ' filed in the Suffolk County Clerk's Office, a copy of the Preliminary Subdivision Plan of Sunset Knolls, Section 2, is attached hereto as Schedule B. The seller represents that it intends to have the lots on the "Mar of Sunset Knolls, Section2" furnished water by the Captain Kidd Water Co. , Inc. , and that application is being made for an extension of this water company's service area. In the event that water mains are not installed or in working condition on or before June 15, 1970, and in ti: event that the Board of Health will not grant a permit for the installs tion of a private well on Lot No. 1; then the purchaser has the option to cancel' the contract and the seller agrees to refund all monies paid hereunder and thereafter neither party shall have any further claim against the other. The seller represents that it will make application to the Town of Southold for the dedication of all streets as shown on "Map of Sunset Knolls, Section 2, " as soon as the required assessed valuation has beer. obtained. This representation shall survive closing of title. The seller reserves the right to stockpile and remove topsoil on the premises until the closing of title. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any-street, road or avenue opened or proposed, in front of or_adjoining.said.premises,..to.the.center Jine_.thereo,f,:and all right; title.,and"interest of the seller in and to any-award made or to be made in. lieu thereof and tJn and to any unpaid award for damage to said premises-by Fagan-6f"dingo-of giad_e"of'any street;°sad the"seller`will execute and deliver• to"the purchaser, on closing of m title, or thereafter,-on deand,—all proper instrumepts•for-the-conveyance of-such title-"a-nd the °assignment-'and'collection'-of" any such award. The price is Six Thousand and 00/100 ($6,000.00) Dollars, payable as follows: Six Hundred and 00/100 ($600.00) Dollars, on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged,1 o be held t;h aP'11 er s attorney until closing of title or term' tion 'o 'tag contract. ars, Five Thousand Four Hundred and 00/100($5,400.0 in cash or good certified check on the delivery of the deed as hereinafter provided; 1 qi 't� '•;:..�. : .r. �on no nom. �"' �.. _� b.�e413�t88�i61�1R4A� ` rate of per cent per annum, the principal being due and payable Dollars, by the purchaser or assigns executing, acknowledging and delivering to the seller a bond or, at the optio, ':'f the seller, a note secured by a purchase money mortgage on the above premises, in that amount, pay-. e together with interest.``the rate of per cent per annum payable Any bond or note and mortgage to be given hereunder sh�',l .e-drawn on the standard forms of New York Board of Title Underwriters for mgrtgages of like lien; and shall be,-drawn by the attorney for the-seller at the expense of the purchaser, who shall also pay the mortgage recording tax an 4-ecording fees and pay for and affix to such instruments any and all revenue stamps.that,may be necessary. - _ If-su'ch_:purchase money mortgage is to be subordinate mortgage en the premises it shall provide-that it shall be subject ' and.subordinate to the lien of the exis ' g-. " • _ - mortgage of $ -' ' , any-extensions thereof and to any mortgage or co. olidated mortgage .which.may be placed on the premises in lieu'thereof, and to any extensions thereof provided (a) t.:t the interest rate thereof shall not be greater than per cent per annum and (b) that, if the principal amount ereof shall exceed the amount of principal owing and unpaid on said existing mortgage at the time-of placing such • mortgage or consolidated mortgage,• the excess be paid to the-holder of such purchase money mortgage in reduction.. the principal thereof. Such purchase'money mortgage shall also provide that such payment to the holder thereof,shal ot,alter. or affect the regular installments, if' any, of principal payable thereunder and shall-further provide that,the •o der thereof will,'on demand and without charge therefor, execute, acknowledge and deliver_,any agree_ - ment or'agree. exits further to effectuate such-subordination J If there s, a mortgage op. -.the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certifi e.executed and acknowledged by the holder of such mortgage and in form for,recording,_certifying as to the amount of e unpaid principal,and interest thereon, date of,maturity thereof and rate of interest thereon, and the seller shall,pay the Said premises are sold-and are,to be conveyed subject to: 1. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing 'structure . - - ) - • , - ; • 2..,Consents_by,the'seller..o',any former owner, of premises for the erection of-any 'structure or structures on,-under or-above-any street or streets-o_n which said premises may.abut..�,j ' '' 3. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon:any street or highway. 4. C`ovenants_,and_ restrictions_ as contained in Schedule A which is ' attached hereto. 5. Any state of facts as shown by an accurate survey provided that it does not render the title unmarketable. All notes or notices of violations of law•or`municipal'ordinances; orders or requirements noted.in or issued by,the Depart- ments of Buildings, Fire, Labor, Health, or other State or Municipal, Department_having jurisdiction, 'against or affecting the premises at the date hereof, shill be complied with by the seller and the premises shall be-conveyed free of the Aame, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchasewith an authorization to make the necessary searches therefor. This clause r. ;. ] .-•d s a ,. ••-...a:t, ?,.. ..}.� >!•..:....s �rYy �tl &fx,SrlYFp1 *0rr"'8t7a'l $i'C°°19Cen '�eAB is usually omitted if ment or assessments which are or may become payable in annual installments, of whicht f •nstam-eettt T en a c arge the property or lien, or has been paid;then for the purposes of this cot L all.th� a mIl cogs of any such assessment, including is not in the City of those which are to beco ,.-...• .- •- a— afEer t e delivery of the deed, shall be deemed to be due and payable and New York. The following are to be apportioned: kkidiuktxmanhydgmElispjODZECCEMOODdihE �3 �� (4) Taxes a �4iy on the basis of_the _year for which assessed. ( KI ipitclaG tom ' Dec. 1 to D . 1 •• w I If the closing of the title shay, .,cur before the tax rate is fixed, the apportion t of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. If there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for closing title, and the unfixed meter charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of such last reading. The deed shall be the usual bargain and sale with covenant against grantor's acts deed in proper statutory short form for record and shall be duly executed, acknowledged, and have revenue stamps in the proper amount affixed thereto by the seller, at the seller's expense, so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall also contain the covenant required by subdivision 5 of Section 13 of the Lien Law. should be • 'mated sf amount of the Real Property Transfer Tax imposed by Title II of Chapter 46 of the A..,'a'.. •• • e ity of New the property York and will also deliver to theurchaser the return re.ui ;. r. . :'•-' "e an• 'the regulations issued pursuant to the unotsnthe P g City of authority thereof, duly si n • •" e se er; the purchaser agrees to sign and swear to the said return and to New York. s oh. to ptk, F4aslesing.e44e4iller, The seller shall give and the purchaser shall accept a title such as any approved title company with office in Suffolk County , a Member of the New York Board of Title Underwriters, will approve and insure. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens thereon, but such liens shall not continue after default by the purchaser under this contract. '' pereerreliwerert aeheel"er—appur`terra'trt,..-to or nsed�irrtennec#ton—witlir ti t pft sented to be owned by the seller, free from all liens and encumbrances except as hereinssl me u ed in this sale; without limiting the generality of the foregoing, such fixtures judmar.t. personal property include plumbing, heating, lighting and cooking fixtures, air conditi.I... units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabin a„• • , ..or mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm ..:; +�4; �� �- ---e'-•r—bbd°�tYtsfp"". The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and discharge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. If at the date of closing title there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall have delivered to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording or filing said instruments. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not against the seller. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. The deed shall be delivered upon the receipt of said payments at the office of William Wickham, Esq. , Main Road, Mattituck, N.Y. , thirty (30) days after the filing of the map 'or final approval by the Suffolk County Dept. xklmbra of Health of ARxxxx a water supply, whichever is later. The parties agree that Mil-Matt ARenc�y Inc. Main Road, Mattituck, N.Y. brought about this sale an the seer agree to pa tl!re commission. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word `purchaser" shall be construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. In presence of: Sunset Knolls Development Corp. Byf tillldl 4 ' ' n 10/.,/ I 60 a (24 fiV' (1-64-141'd 1'!/,✓ s K)-eMikolaj Dia O1ga. iakun NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed.Unless express provision is made,the provisions of Section 5-1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. CREDIT FINANCIAL STATEMENT AS OF 19 DEBIT Paid on signing Contract Purchase Price 1 st Mortgage Insurance Int. from @ % 2nd Mortgage Int. from @ °fo Purchase Money Mortgage Security on Lease • ' Taxes .�' , , _ ._..._�.. ,__ ._... ..- .._ ._,_ Rent from Taxes Water Rates Sewer Rents Fuel Water Rates Sewer Rents Total Debit Assessments ,cummas — Total Credit lacsIIIIMMEMEIM1IMMELIffiiasTotal Credit ®o Balance Paid ®��® Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as of 19 . Dated, 19 For 'value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned,, transferred and'set over unto '-- -- • .- ' ' " _, - and said'assignee hereby-assuines all'obligations'of-tlie purchaser.thereunder. ' •• ' -: �' , - ' Dated, 19 - -- ' Purchaser Assignee of Purchaser Tont Birt B.f $a.lE PREMISES TITLE NO. ,TO STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by THE TITLE GUARANTEE COMPANY ;T .G' teg THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the property he should produce receipts showing to what date the interest has been paid, and if the principal or rate of interest'has been reduced, he-should•produce certificates-of such reduction signed and af;knowledged by the holders of the mortgages. He should furnish to the purchaser a full list of tenants, giving the names, rent paid by each, and date to which the rent has been paid. , The PURCHASER_..should be prepared with cash or a certified check drawn to his own order. The check may be - certified for an approxima `nount and cash may be provided for the balal, I the settlement. Standard N.Y.B.T.U. Form --20M— —Bond,Individual or Corporation(Strs.b...Jr Instalment) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY KNOW ALL MEN BY THESE PRESENTS, • That MIKOLAJ DIAKUN and OLGA DIAKUN, his wife, residing at 59 Newell Street, Brooklyn, New York, hereinafter designated as the obligor, does hereby acknowledge the obligor to be justly indebted to 'ALEKANLER-,TITIUSZKO and HALYNA H I USZKO, his wife, residing at 64-08 Alderton Street, Forest Hills, New York 11374, as j oint tenants with right of survivorship, hereinafter designated as the obligee, in the sum of TWENTY—FIVE THOUSAND and 00/100--- ($25,000.00) 0/100--- ($25,000.00) Dollars, lawful money of the United States, which sum said obligor does hereby covenant to pay the said obligee, and the executors, administrators, successors or assigns of the obligee, on July 1, 1974 with interest at the rate of 6% per annum payable on October 1, 1972 and quarterly thereafter. hivixlmclakAltzesdnttim €x �ilr 'x pumummuudintrvWtmmtmx xlmakx kkx .. IT IS HEREBY EXPRESSLY AGREED,that the said principal sum shall at the option of the obligee become due on the happening of any default or event by which, under the terms of the mortgage securing this bond, - said principal sum may or shall become due and payable; also, that all of the covenants, conditions and agree- ments contained in said mortgage are hereby made part of this instrument. This bond may not be changed or terminated orally. The word "obligor" or "obligee" shall be construed as if it read "obligors" or `obligees" whenever the sense of this instrument so requires. DATED the 1st day of July, 19 72 IN PRESENCE OF: JAY e /7, Mikolaj Di kun o O1 . iakun 2 STATE OF NEW YORK, COUNTY OF SUFFOLK aa.: On the 1st day of July , nineteen hundred and seventy—two before me personally came MTKOLAJ DIAKUN and OLGA DIAKUN, h7 s wife, to me known to be the individual S described in and who executed the foregoing instrument, and acknowl- edged that they executed the same. 4,0/0:7, , Notary Public WILLIAM \VTCTiiIAM NOTARY PUBLI a ••: ., 'i NEW YORK No. 52--1 : )Ooa Qualified iii to In County STATE OF NEW YORK, COUNTY OF aa.: Term Expires 1iu,c1, 30, 1973 On the day of , nineteen hundred and before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowl- J edged that executed the same. " 1 rn h SECTION TITLE NO.Se curl ty Title #6-427665 BLOCK LOT MIKOLAJ DIAKUN and OLGA DIAKUN,T lis wife , COUNTY OR TOWN ALEXANDER IIGUSZKO and MYNA Recorded at Request of NTUSZKO, his wife CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by CRICAGO TITLE , Wick-ham & Lark, Esqs. INSURANCE COMPANY Box 96 Matt±tuck, New York 11952 Zip No. STATE OF NEW YORK, COUNTY OF On the day of , nineteen hundred and before me personally;came - • • to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. Standard N Y II T LI Form 8014-201 first Mortgage—Individual or Corporation VOL Ii 4 0V PAGE 307 • CONSULT YOUR LAWYER Ocr ORE SIGNING THIS INSTRUMENT-THIS INSTR,......'NT SHOULD BE USED BY LAWYERS ONLY THIS MORTGAGE,made the 1st day of July ,nineteen hundred and seventy—two BETWEEN MIKOLAJ DIAKUN and OLGA DIAKUN, his wife, residing at 59 Newell Street, Brooklyn, New York, ,the mortgagor, and ALEXANDER HLUSZKO and HALYNA FTIUS7KO, bis wife, residing at 64-08 Alderton Street, Forest Hills, New York 11374, as joint tenants with right of survivorship, ,the mortgagee, WITNESSETH,that to secure the payment of an indebtedness in the sum of TWENTY—FIVE THOUSAND and 00/100 ($25,000.00) dollars, lawful money of the United States, to be paid with interest thereon, kl ......................... petuanowaratodoxpaidautke< stlaynxtoc xx ixxk --1,k( a according to a certain bond, e ,t'' \t1 note or obligation bearing even date herewith, the mortgagor hereby mortgages to the mortgagee . ' _�''', `�' ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ' ,` N• lying and being i at Mattituck, in the Town of Southold, County of Suffolk ,.�` and State of New York, known and designated as and by Lot #1 on a ' certain map entitled, "Map of Sunset Knolls, Section 2," and filed in I the Office of the Clerk of the County of Suffolk on April 9, 1970 as Map #5448. N. t \, SUBJECT TO covenants and restrictions of record affecting said premises. 4) Id— CC BEING AND INTENDED TO BE the same premises conveyed to the mortgagors herein by deed dated this date and intended to berecorded simultaneously herewith, this being a purchase money mortgage. The premises are, or will be, improved by only a one or two family residence or dwelling-y--- -- ;- - - - -- ---- r VOLG4U8 PAGE 3G8 TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the streets and roads in front of and adjoining said premises; TOGETHER with all fixtures, chattels and articles of personal property now or hereafter attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all replacements thereof and additions thereto; TOGETHER with all awards heretofore and hereafter made to the mortgagor for taking by eminent domain the whole or any part of said premises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the mortgagee,who is hereby authorized to collect and receive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward_the payment of the mortgage debt, notwithstanding the fact that the amount owing thereon may not then be due and payable; and the said mortgagor hereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to the mort- gagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever. AND the mortgagor covenants with the mortgagee as follows: 1. That the mortgagor will pay the indebtedness as hereinbefore provided. 2. That the mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the mortgagee; that he will assign and deliver the policies to the mortgagee; and that he will reimburse the i23gtf1i3°iTauQlfigg'brif sd' ssfkiiing aril"de"tivering i ie policies." 3. That no building on the premises shall be altered,.removed or demolished without the consent of the mortgagee. 4. That the whole of said principal sum and interest shall become due at the option of the mortgagee: after default in the payment of any instalment of principal or of interest for fifteen days; or after default in the pay- ment of any tax, water rate, sewer rent or assessment for thirty days after notice and demand; or after default after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the mortgagee for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made payable in instalments at the application of the mortgagor or lessee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable in its entirety on the day the first instalment becomes due or payable or a lien. 5. That,the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver. 6. That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default thereof, the mortgagee may pay the same. 7. That the mortgagor within five days upon request in person or within ten days upon request by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any offsets or defenses exist against the mortgage debt. 8. That notice and demand or request may be in writing and may be served in person or by mail. 9. That the mortgagor warrants the title to the premises. 10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual extended cover- age endorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee. All of the provisions of paragraphs No. 2 and No. 4 above relating to fire insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. 11. That in case of a foreclosure sale, said premises, or so much thereof as may be affected by this mortgage, may be sold in one parcel. 12. That if any action or proceeding be commenced (except an action to foreclose this mortgage or to collect the debt secured thereby),to which action or proceeding the mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of any litigation to prosecute or defend the rights and lien created by this mortgage (including reasonable counsel fees), shall be paid by the mortgagor, together with interest thereon at the rate of six per cent. per annum, and any such sum and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or claim upon said premises attaching or accruing subsequent to the lien of this mortgage, and shall be deemed to be secured by this mortgage. In any action or proceeding to foreclose this mortgage, or to recover or collect the debt secured thereby, the provisions of law respecting the recovering of costs, disburse- ;nents and allowances shall prevail unaffected by this covenant. VOLG4U8 PALL 3G9 - 13. That the mortgagor hereby assigns to the mortgagee the rents, issues and profits of the premises as further security for the payment of said indebtedness, and the mortgagor grants to the mortgagee the right to enter upon and take possession of the premises for the purpose of collecting the same and to let the premises or any part thereof, and to apply the rents, issues and profits, after payment of all necessary charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect until this mortgage is paid.The mortgagee hereby waives the right to enter upon and take possession of said premises for the purpose of collecting said rents, issues and profits, and the mortgagor shall be entitled to collect and receive said rents, issues and profits until default under any of the covenants, conditions or agreements contained in this mortgage, and agrees to use such rents, issues and profits in payment of principal"and interest becoming due on this mortgage and in payment of taxes, assessments, sewer rents, water rates and carrying charges becoming due against said premises, but such right of the mortgagor may be revoked by the mortgagee upon any default, on five days' written notice. The mortgagor will not, without the written consent of the mortgagee, receive or collect rent from any tenant of said premises or any part thereof for a period of more than one month in advance, and in the event of any default under this mortgage will pay monthly in advance to the mortgagee, or to any receiver appointed to collect said rents, issues and profits, the fair and-reasonable rental value for the use and occupation of said premises or of such part thereof as may be in the possession of the mortgagor, and upon default in any such payment will vacate and surrender the possession of said premises to the mort- gagee or to such receiver, and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sum and the interest shall become due at the option of the mortgagee: (a) after failure to exhibit to the mortgagee, within ten days after demand, receipts showing payment of all taxes, water rates, sewer rents and assessments; or (b) after the actual or threatened alteration, demolition or removal of any building on the premises without the written consent of the mortgagee; or (c) after the assignment of the rents of the premises or any part thereof without the written consent of the mortgagee; or (d) if the buildings on said premises are not maintained in reasonably good repair;or(e)after failure to comply with any requirement or order or notice of violation of law or ordinance issued by any governmental depart- ment claiming jurisdiction over the premises within three months from the issuance thereof; or (f) if on application of the mortgagee two or more fire insurance companies lawfully doir g business in the State of New York refuse to issue policies insuring the buildings on the premises; or (g) in the event of the removal, dem- olition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, unless the same are promptly replaced by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from chattel mortgages or other encum- brances thereon and free from any reservation of title thereto; or (h) after thirty days' notice to the mortgagor, in the event of the passage of any law deducting from the value of land for the purpose of taxation any lien thereon, or changing in any way the taxation of mortgages or debts secured thereby for state or local purposes; or (i) if the mortgagor fails to keep, observe and perform any of the other covenants, conditions or agreements contained in this mortgage. 15. That the mortgagor will, in compliance with Section 13 of the Lien Law, receive the advances secured hereby and will hold the right to receive such advances 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 improve- ment before using any part of the total of the same for any other purpose. kgxnattimmtailluizattiginfintpgiiiimatiatudittipaultUnizilaziNagggrsbaditgrionMEAWICStrialarE This mortgage may not be changed or terminated orally. The covenants contained in this mortgage shall run with the land and bind the mortgagor, the heirs, personal representatives, successors and assigns of the mortgagor and all subsequent owners, encumbrancers, tenants and subtenants of the premises, and shall enure to the benefit of the mortgagee, the personal representatives, successors and assigns of the mortgagee and all subsequent holders of this mortgage. The word "mortgagor" shall be construed as if it read "mortgagor?' and the word "mortgagee" shall be construed as if it read "mortgagees" whenever the sense of this mortgage so requires. IN WITNESS WHEREOF, this mortgage has been duly executed by the mortgagor. IN PRESENCE OF: £ . ' 91 p eau,/i Niikolaj Dia' , Cde-tr."0-4.47 OlgaI iakun 4 VOLL)4$i8 PAGE 31U STATE OF NEW YORK, COUNTY OF SUFFOLK SS: STATE OF NEW YORK, COUNTY OF SS: On the 1St day of July, 1972 ,before me On the day of 19 ,before me personally came MTKOLAJ DIAKUN and OLGA personally came DIAKUN, his wife , to me known to be the indiv.•ual S described in and who to me known to be the individual described in and who executed the foregoing ins ment and a ,wledged that executed the foregoing instrument, and acknowledged that they executed the sa executed the same. otary Pub is WILLIAM WICKIIAM NOTARY PUBLIC.,STATE OF NEW YORE Na. 52-4259000 Qualified in Suffolk County Term Expires March 30, 1973 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 ,before me On the day of 19 ,before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that he is the of that he knows , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. i i ortgage SECTION TITLE NO.Security Title #5-427665 BLOCK MIKOLAJ DIAKUN and OLGA DIAKUN LOT COUNTY OR TOWN TO C\ LEXXANDER 1±LUSZO and HALYNA BIJUSZKO Recorded at Request of 0 ) CHHI`CAGO TITLE INSURANCE COMPANY STANDARD FORE OF NEW YORK BOARD OF TITLE UNDERWRITERS 7 Return by Mail to r'- Distributed by G.-• t CHICAGO TITLE Wickham & Lark, Esqs. INSURANCE COMPANY \J Box MattStuck, New York 11952 Zip No. co kkh V1 J 0 tD tp G O V X". y "7 d^a .71,.' a.- *'C\ (� O f�'"r' �7 a u Z as to O O IA J E �.. r.. X 1 _ rr_ r,,, ,' o tv u. W cl ie� Lt:U.-: =v'Y L rn LU µ.. Lu 6.Y) :oC)c: , , a k C-) --1 x;c) Com) °' c ,...J vs " -4 G.) 0 — EF). moi. IU HC.), S':J V N D tu! e',, r,-.:(...)1," c ` E J '''•-• L. u. f,`? t it :.r� -�'« `) LLQ c i..— > u, -------_,„ 7). 'U s -, o x cto ) $,.., ' U t- w W , �a OFFICE LOCATION TOWN OF SO TTHOLD _ OFFICE HOURS&PHONE 53095 ROUTE 25 C( 0LIDATEI3 REAL PROPERTY T BILL 1,2003 X63 ON-FRI 8 8 00 AM AX TO 46 0 PM SOU7 HOLD,NY 11971 0499 DECEMBEJ \03-NOVEMBER 30,2004-TAXES BECOME A LIE], JP 39 ,7r: ¢� iw i""+40�r4.44 ..4-r,u,V"i W`a4 , b h vt•"1''�"'8?'sn"':�k44,4,,,.114 r wrolV4 lrn--4•... a SUFFOLKICOUNIMAX f�APINNUIVIBEA r S,CHOO CODE',IF THE WORD"ARREARS"IS PRINT 1_ 1_RE SEE AeCi3II,NT NUMBER; �BILL'ate ER ..x.,n,+.,, .' :.,It,."i. aw,s0ki,x.a..;.vt444..;ati•.,.,.. naAA.,r P- ;..aaw+ e .tna t fvh,,,,,-P4 COUNTY TREASURER'S NOTICE 1 t:' „a q, ;t4' .4 f,: �i.:slS.VI., ;tt r• 473889 106,-7-34 382 ON REVERSE SIDE 14 12712 .aYe6& aw ditP amwkt#90.6AY01! F, :Iy .,mLVE4��KBE..-eit,y. ' ' EX,E 1.01DESO t.t-,4Ki.1110 0wON �d+ "s�.vT EXNOPU :� � 1060 STANLEY RD 0.56 '7.4 °111 ii * a'� J"F"T�o.AIJ�i,P ' B .K'C0�'E r rTt�'Sa 3 ,.tiPxa ti���z � nH::kd J�i h.� �nF,� Uu tAx3,. 300,630,362 1,869,384 PROP rfrk,CQDEttROLLw;SECT, ;' IIKVAO iiii,r igE ' 210 1 1 FAMILY RES I I I I I i I I I I I I I ' I ' I III III III VI�AIAM ligg `s' f-1 D A53ESSME.N, 1T `0 d'atOTAL a rSM IIT; I��� m in n� n� d m, n, in ******************AUTOCR**B011 12/2/03 900 5,400 DIAKUN NICK&WFMAW,tERaAS OF TA X1{BiLE,STATt S p gTEtO,IU A RO,F1v;2d0 3, 0 1060 STANLEY RD PO BOX 1170 DIAKUN NICK&WF MATTITUCK NY 11952 7„ y., : ..:. „, ""::':.s 1. .® .0;,,r *r..e „u ., ., .� I'n . ' ^ y fiwN` T� t e F?AS t-S-gOltiVi'lioa: .`? atg .,.�.a�'"a,;l�r`��2�62ro2�U�C13.�T�'1�C�-�Pi�lraI�E_NTgs�����R11�'I�T7, '�1c3��,*``>�t��' .`t�., �..`.I'!Ja1� ��k�„t.:.w w.aC� .a_ �� �. .. ASSESSED VALUE RATIO ' ',• 100%OF FULL VALUE First Half: 12690 $2,327.96 1/9/03 5,400 WHICH 1.71°.of Its:, 315,789 Second Half: 12690 $2,327.96 5/22/03 IS: LEVY DESCR1 "TON LEVY% TAXABLE VALUE rax NS An WAWA TAX AMOUNT TOTAL TAX AMOUNT _ PER 1.__ _FRO__M P_R__IOR YEAR MATTITUCK SCHOOL 65.04% 5,400 593.553 7.20°. 3,205.1'- MATTITUCK LIBRARY 4.13% 5,400 37.671 5.70°. 203.4. :1 4-aq aG ..r ^ y�`' r `"� vi l 0 >!ti,» pw. n waa.hr f;. w , r1 wns{:ra, _Et :tC,...*......31. O«r`•; , -+ ,. ,,}`' " ° F � ��r' � Ar` I n` r� � " -0'1'11 i' 'IA 4V r* So 69.17/° �Cj O+R ,,, .� �n, , • 3,408.61 .. "ti p"'+rxrJk*., b.,r., �i..i• ws.., sn..,r". ..,fi w_ I. k.:.tf Ae aw3.),,z& if.'1,Y ',.. $�1.}1e;?KO,.. ..ul SUFFOLK COUNTY TAX 1.93% 5,400 ,, 17.591 -1.10°. 94.9" ,�C �7}',+�,�°xvaw �:''X"'�i '��:1 x°%�3dta?,. ,fir y��•:�J,�' �Ys"r-k`��5d'�i""�,""r ^'a„'�jr+�n�rt�§a dra7, j�ry me%�,Y .auy �r ry 'la:�x-€Y FSE �- r'�'''`+tits w,:.,-� n.z .4x�a fl , ;� r 7,2 r Aria IIS• :,1', TAX,. trim D '' 1.93% g r ; ry y A >, :,i 4�,�� vOR COUNTY�4 .; �y �» � ,� � � � � � � � � 94.99 ....k:.•-.ty, ..�Y.§ .cvfY..n �.vx't"�C.W.�3vY.u,' 1,.� 'p�c�,:�cru;C.3 vw �irr,.r�:.*:. '-...: `�':Si"... _,.W S v�.�l "* zip� a7x�5+ ��it � .,+��.. .:,M SOUTHOLD TOWN TAX 19.42% 5,400,'; '::.. 177.224 5.10°. 957.0" �.. .0. ,,,.n 4 , . I ,44,1m4.,.. 957 01 11�� . ,6ai'i ;, xy1NwTAAlL � kA`x � RW -' 4. ' , . r' 4a. � IX 19.42/ 4''''' ,, e40 ' a 1v 1 �V ,.n�a .Wa *u . .if9. ..„ SuVx . r h. • NYS REAL PROP TAXLAW 0.21% 5,400 1.907 -25.40°. 10.30 NYS MANDATED EXPENSE 0.54% 5,400 4.963 100.00°. 26.811 MATTITUCK FIRE DIST 5.04% 5,400 46.004 15.30°, 248.4' MATTITUCK PARK DIST 1.83% 5,400 16.708 . 15.30°. - 90.2 WASTE WATER DISTRICT 0.16% . 5,40Q 1.417 - -14.30°. 7.6•• STHLD SOL WASTE DIST 1.71% 5,400 15.620 10.30°. 84.3'• '' � , L '4771P' � 6a :v �ku,:ae� a, ee § 4 � : 'aI A� IEl vORf® ittbl TR fslt 9.49% 467.74 :..s.,,,,{.yyxh.G xx. 2 't ^ik4 , -nI..::..:Al./.,;.. t. z f it FIRST HALF TAX 2464.17 SECOND HALF TAX 2.464.18 TOTAL TAX LEVY 4,928.35 DUE DEC 1,2003 PAYABLE WITHOUT PENALTY TO JAN 12,2004 DUE DEC 1,2003 PAYABLE WITHOUT PENALTY TO MAY 31,2004 SEE REVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS SEE REVERSE SIDE FOR PENALTY SCHEDULE SIDE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE TOWN OF SOUTHOLD GEORGE'R. SULLIVAN TAX PAYMENT RECEIPT ( 05/28/2004 TAX RECEIVER ° :ONSOLIDATED TAX LEVY 2003/2004 - 4 13 :49 BILL NUMBER: 012712 SWIS: 473889 TAX MAP NUMBER: 106. -7-34 OWNER NAME: DIAKUN NICK & WF LOCATION: 1060 STANLEY RD 1ST HALF TAX 2ND HALF TAX PENALTY TOTAL TAX TOTAL PAYMENTS $2,464.17 $2,464.18 $0.00 $4,928 .35 $4,928 .35 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD DIAKUN NICK 1ST HALF 01/05/2004 $2,464.17 $0.00 52 CHECK/743 DIAKUN NICK 2ND HALF 05/28/2004 $2,464.18 $0.00 254 CASH SCHEDULE A COVENANTS AND RESTRICTIu.NS NOW, THEREFORE, the following restrictions and covenants are hereby imposed upon "Sunset Knolls Section II" : 1 . No building other than one private dwelling for the use and occupancy of one family and one private garage shall be erected on any one lot. A one-story dwelling erected thereon shall have a first floor area of not less than 1,000 square feet and a two-story dwelling shall have a first floor area of not less than 800 square feet, not including porches or garages. A detached garage erected thereon shall conform to the dwelling. 2. The premises shall not be used for the manufacture or sale of merchandise or goods of any kind, for any trade or business what- soever, or for the display of any advertising or commercial signs. 3. No stables shall be erected on said premises. No nuisance shall be created or allowed and no use shall be made thereof that shall be dangerous to the health of or offensive to the senses of sight or smell of the sellers, their heirs, or assigns or owners of the premises adjoining the premises hereby conveyed and neighboring properties. 4. No fences or hedges over four feet in height shall be erected on said premises and any fence or hedge four feet or under shall be maintained and kept in good appearance. 5. No part of any dwelling or garage shall be constructed on any one lot within ten feet of other boundaries of said lot. 6. No fowl, poultry, animals or livestock shall be kept on said premises other than two domestic pets which shall be housed in the residence. 7. No mobile type homes or trailers shall be kept , used, moved or allowed on 'said premises regardless of their size with the exception of boat trailers which may be kept in the rear of the premises. 8. Flat roof construction shall not be used on any buildings and all buildings must be completed within one year from commence- ment of construction. 9. The declarant reserves the right to dedicate all streets, roads, drainage areas, and easements to the Town of Southold for highway and drainage purposes. 10. The declarant reserves the right to convey the fee title to the recreation area as shown on the filed map as well as any rights and duties of the declarant hereunder to a duly incorporated association of the owners of the real property affected by these covenants and restrictions. 11. Each owner of a lot on said map shall automatically become a member of any property owners association hereinafter incorpo- rated. However, each lot on the filed map shall be entitled to one vote in said association. 12. Each lot on the filed map shall be subject to an annual charge in each calendar year in such an amount fixed by the declarant or the property owners association, as successor, not exceeding, however, in any one year the sum of $10.00 per lot, except when approved by a majority vote of the member votes of said property owners association. Such charge shall become due' and pay- able on January 15th of each year and shall thereafter become a lien on the property and shall continue to be such lien until fully paid. Such charge shall be payable to the declarant or the prop- erty owners association and must be devoted to the maintenance of the recreation area and other community purposes beneficial to the real property above described. 13. The covenants and restrictions herein imposed may be modi- fied or amended at any time by the declarant, its successors or assigns. 14. These covenants and .restrictions shall run with the land hereby conveyed and shall bind and inure to the benefit of the said parties hereto, their heirs, administrators and assigns until January 1, 1990, and said covenants and restrictions may be en- forced by action for damages or injunctions or both until the first day of January, 1990. .15. The above covenants and restrictions are not applicable to Lots 36 and 37 on the filed map if said lots are used for a community water system. P-5 - Name of Insured Policy No. S-4 2 7 6 6 5 MIKOLAJ DIAKUN andAmount of Insurance$ 33,000.00 OLGA DIAKUN, his wife Date of Issue July 1, 1972 The estate or interest insured by this policy is fee simple vested in the insured by means of a deed made by Anna Evans, to the insured, dated July 1, 1972 , and recorded in the Office of the Clerk of the County of Suffolk. SCHEDULE B The following estates,interests, defects,objections to title,liens and incumbrances and other matters are excepted from the coverage of this policy: 1. Defects and incumbrances arising or becoming a lien after the date avenues, lanes, ways or waterways, or the right to maintain therein of this policy,except as herein provided. vaults, tunnels, ramps or any other structure or improvement, unless 2. Consequences of the exercise and enforcement or attempted enforce- this policy specifically provides that such titles, rights, or easements 4p are insured. Notwithstanding any provisions in this paragraph to the ment of any governmental war or police powers over the premises. contrary, this policy, unless otherwise excepted, insures the ordinary 3. Zoning restrictions or ordinances imposed by any governmental body. rights of access and egress belonging to abutting owners. 4. Judgments against the insured or estates, interests, defects, objections, 6. Compliance by the buildings or other erections upon the premises or liens or incumbrances created, suffered, assumed or agreed to, by or their use with Federal, State and Municipal laws, regulations and with the privity of the insured. ordinances. 5. Title to any property beyond the lines of the premises, or title to 7. Title to any personal property, whether the same be attached to or areas within or rights or easements in any abutting streets, roads, used in connection with said premises or otherwise. 8. Survey, made by Young & Young, dated November 11, 1970, redated June 1, 1972, shows a one-story frame house and garage. No variations . 9. Rights of tenants and persons in possession. 10. Covenants and restrictions contained in instruments recorded in Liber 6730 of Conveyances , Page 293 , as amended by instrument recorded in Liber 6770 of Conveyances, Page 393. 11. Utility easement contained in instrument recorded in Liber 6764 of Conveyances, page 323 . (Affects streets only) . 12. Mortgage for $25,000.00, made by the insured to Alexander Hluszko and Halyna Hluszko, his wife, dated July 1, 1972, and recorded in the Office of the Clerk of the County of Suffolk. 11-71 P , .3 . P-3 .. .cr Policy No. S-427665 SCHEDULE A The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot No. 1 on a certain map entitled, "Map of Sunset Knolls, Section 2, " and filed in the Office of the Clerk of the County of Suffolk on April 9, 1970, as Map No. 5448. 083 VataiiiitbitMT • ttituck, New York 11952 r STATEMENT OF CLOSING TITLE lIE COMPANY and No. : Security Title & Guaranty Company Title #5-427665 �MISES: Lot #1, Map of Sunset Knolls, Sec. 2, Mattituck, New York YLER: ANNA EVANS 3CHASER: MIKOLAJ DIAKUN and OLGA DIAKUN, his wife • 3TGAGEE: ALEXANDER HLUSZKO and HALYNA HLUSZKO, his wife JSED: 7/1/72 at 11 A. M. at office of Wickham & Lark, Esqs. TUSTMENTS COMPUTED AS OF: Closing date ESENTI Mikolaj Diakun & Olga Diakun, Purs. ; William Wickham, Esq. , atty for' Purs. ; Ina Evans, Slr; William Clark, Esq. , atty for Slr. ; Alexander Hluszko na a y _uszko, Mtgees; Title Company Closer (Mr. Clark) . EDIT TO BUYER CREDIT TO SELLER id on signing Contract: $' # : Purchase Price : $ A-0-V Ate rst Mortgage held by: Taxes . h. 'A e�/;if,f - /0; dress: terest @ % from Insurance's f, r#41 !r rchase Money Mortgage ld by: dress: xes Fuel tisfactinn of Mortgage Rent uansfer Stamps c't ® Other here," ei,tta$44,,,,, -- �tal Credit - B er 310 47 Total Credit - Seller J3 1,39/4,5 Total Credit - Buyer • 3 ' - CLOSING FUNDS ' Total due Seller Ientral Savings Bank Tellers Check #281679 to order of $25,000.00 Alexander Hluszko, endorsed to Mikolaj Diakun & Olga )iakun; re-endorsed to Anna Evans )ry Dock Savings Bank Teller' s Check #107065 to order of 2,900.00 Iikolaj Diakun, endorsed to Anna Evans reenpoint Savings Bank Teller' s Check #126596 to order 1,600.00 )f Mikolaj Diakun, endorsed to Anna Evans forth Fork Bank & Trust Company, Wickham & Dark Special 298.85 Lccount check #1064 to order of Mikolaj Diakun, endorsed ;o William J. Clark as Atty. (to be held in escrow until :ertain work is completed on house) . $29,798.85 Deposit, Wickham & Lark Special Account $500.00 Held by William J. Clark, Attorney Applied to bill for fees and expenses $201.15 , : 4C4 - -111). v,,,, •,,., iwor - " 1.J.S1 • ', 1‘` • j1s.)A77:4VrITITSIS ...).•A .-. ,. .,:, ..‘4, — — ,_ ::' ) .\;"... .A •... .1 .,.' '..^ A !•A _ \%,' ' \ IN THE CITY OF NEW YORK , . , 281679 A/C -------- ... , . . . . 1 , rAlr TO T II: - ',. /-„Z., ; ,-; /t. li.::,1„.,,, ,./,1:t....,‘,..d. ,, 0 ....—...........----.,-- - ORDER OF• ..,..., . . . — . , . . , - ' To MANUFACTURE• HANOVER TRUST COMPANY 221 PAI.K AVE. 'IUTR, N Vi?YORK, N.Y. , - •' , . m? 7• .".7.":. IP , , , . .. ./...--',,......1.s--'1 ..N .-e-....-*/ •..:7.:.::.f ‘i i , ByRUAR e o , , ATRr y .l :i,.. 1:0 2 1081100 30400 La ? 91119 L.a o ?ii. ... .. ____ ' AT',=7. '; . • iiiii k --",ve-3".11---••..,-Tcti•N,7c.••" 715\ ---C."- '---'''N-NN ENN"-',.,----- * Pt JR:Try ' B 1...610A, ,0:-.:‘ XI/fl Nis 4,,c11113ZMWTIV.' .„,--„40 • . : ----. ! "1 0-7 065 - ...::-.:-.....1.1... „„-,'•,‘„,„,' -...k...,,,,T,- . ',.&-„,..--,-. ,,, ,.--z-.. mil 77 :, ;;L:.7?. ,•.-' , - ' ,• Ill SECOND AVENUE .4::::-Ci......-:.../.1-77.......(3.>" ' • ----- -/T..:(/3,...7,, : •. .i.. j,- , -.1 / ti 210 • ' NEW YORK. N. y ----'" .r1•1;, .4 , t, .r g TELLER'S CHECK DATE ' '3,•:' ' ,' 'PAY TO THE „. . '1 "\ i) r-4,./x-' .,), it ,, ' 7..AA•Th r' 'i• ' OR,ER OF „'\.1 ' c.,.? \•-., - I ii,',./„. c,7 ,',,,,,,i -1,(••%. --.1 --1,.,,''..' " I.i; . ' , 71,,, 7 . • ./ . 1 ?.,,,,..,., **2900.00 „ IMO THOUSAND NINE HUNDRED AND 00/16' ......' .,4....4...,„,,...... , •.:••,..--.•,'' "•.' DOLLARS $ • •--,;,--s---,-77--44-,--.\- ',.., ,:-''f" 711'•3• 1 11% ,, <;''''' ''' ' 1."\ • '..""i'1",;-•;•' '. ' -;•••?,- ••••.? • ,..1. ;7 .0, , ,, ' i 71,., '?. TO 1 liz.,•••5 - ,''' • ' .' 2i;:i, ,,'• . •;'MANUFACTUERS,HANOVER TRUST COMPANY, • ,•:,'1 r,:\ - '`,.. . ..'tki '''-"F? rthi.,232.ONWERSITY PykCE.,NEW YORK N. Y. . ...ley ,.„ ,••,;• . . '7 ,73,:i • A,ti.di ......,,, ..,- __,. ..,,...,..,,,,„,....., :- IP AUTHOAlt 0',41GNATURE DI 8177 I%)12.q1.I S 11;17.-7:77i;f i Jr.ii i;• - • ' ' • . .;,-.D1114"::1 ii-i: i?th-1.,,,11, i -, -,. • 4,' ,,e,1"?.1 L.ff71 ' 1:-.1 .-10 -//1i; ',,-;:"' 1 ' • 7.• •• n.."7 17,, lit! IT' • „' 1 H ;1-47- 1:0 2 L 0 au 0 0 3 01:0 0 6 0 ?in S 0 0 0 6 ii° •-. ii,;,::., . . (_ ___ _ __ __ _____ ___ . . • _ . _ __ _ • •1 1 REMITTER ' lei 1...,, EN POINT , /2 P auz, , . 1-12 4 ,,,.• -- ---/-7 -__ A.VINGS, BANK: 21 (WRITE YOUR NAME HERE) AVENUE 96 N? 1 265 807 MANHATTAN BROOKLYN, N.Y,11222 I %AO 1 ItrzirZikVaPei 1 Ca•C!,467.fx. N 0- PAY $ ***11600°° i ttl la e• i 4 k tiaCI' I • DAT30 , ,.,....._„, .. , ..? ..•_ ---.:- /. ‘ , , 1 .4,"' ''-' "v'•91Vercr="iiire i';'"",-=.-.-' - --"-,*;.: -- --.***--'`-'• g :- --`,L---i 11.1'`.1 (-•.•-' / ."`-•4--,,,, "11:•,•••1'.• ,,,-...+- ,_L-...._ -.,,z--L-. _,..-:'"-"' _ ,_ _ ORDER OF, - cOUNTE. , NIATNTh_ .-4,..ngtE., T.— i . ON AMOUATS OE 5250.AND OVER 1 g / ".. ...-_-.:-..-ZL......, - -......L.._....-)1 1 * VELLER CR-ERVICA,' :tli , 894 MAt‘r ATT- ,,"- .,U4.. IGREENPOlN i A.E1,...., - ...BROOKLYN. A 2.* ,12.11 C.P01,r aSIGNATURE C. .• .0 : ...' & '' LT::3 k r 0: t.. ;ti,j 00.- - . - .,,„, ...,.., ,.r4.7...•041•• • "•1,71fitAt=••••,,,,II•.••,,,,/::%,'7......, ."...) a, •Iffo.,,3, IN 1.1-: ..'.. 4 Fri Roc '. .k..6 k NI, Z ' 6AN,Is'l & Ti: JT CO. MA 7 T. L I.,N,, •,..,f, '''', , JUIZ • , • ..- . .. + ..., .., ,,,.. • :e" L„ ' 'IT "(C, 1, ,J3_akun ... _______ . ,,... • _ _ . . :.) ,•• :- , r -en . ,i- d i`,-. ,,00 - --- - ?. .? ,„.',i• :•', . ' .•:' ;7••• -- - _ i_1/1 r t•.'1117. LI: 00 ia ..iii, L 3 3 6 3 911' „.. ,.. r ' {} Iic - CONDITIONS OF THIS POLKA"/�/ Section 1 DEFINITIONS was justified because of a defect or incumbrance not excepted in this (a) Wherever the term "insured" is used in this policy it includes policy. those who succeed to the interest of the insured by operation of law (f) Where the insured shall have transferred the title insured by an including, without limitation, heirs, distributees, devisees, survivors, instrument containing covenants in regard to title or warranty thereof personal representatives, next of kin or corporate successors, as the and there shall have been a final determination on any of such cove- case may be, and those to whom the insured has assigned this policy nants or warranty, against the insured, because of a defect or incum- where such assignment is permitted by the terms hereof, and whenever brance not excepted in this policy. the term "insured" is used in the conditions of this policy it also (g) Where the insured estate or interest or a part thereof has been includes the attorneys and agents of the "insured." taken by condemnation and it has been finally determined that the (b) Wherever the term "this company" is used in this policy it insured is not entitled to a full award for the estate or interest taken means SECURITY TITLE AND GUARANTY COMPANY because of a defect or incumbrance not excepted in this policy. (c) Wherever the term "final determination" or "finally determined" No claim for damages shall arise or be maintainable under this is used in this policy, it means the final determination of a court of policy (1) if this company, after having received notice of an alleged competent jurisdiction after disposition of all appeals or after the time defect or incumbrance, removes such defect or incumbrance within to appeal has expired. thirty days after receipt of such notice; or (2) for liability voluntarily (d) Wherever the term "the premises" is used in this policy, it assumed by the insured in settling any claim or suit without the means the property insured herein as described in Schedule A of this written consent of this company. policy including,such buildings and improvements thereon which by Section 4 NOTICE OF CLAIM law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, In case a purchaser or proposed mortgage lender raises any question unless otherwise indicated, recorded in the office of the recording officer as to the sufficiency of the title hereby insured, or in case actual of the county in which property insured herein lies, knowledge shall come to the insured of any claim adverse to the title d hereb , or in ure Section 2 DEFENSE AND PROSECUTION OF SUITS ofsany papery or of anyse notice, summonsof the serviceon o sscor pleading the in any (a) This company will, at its own cost, defend the insured in all action or proceeding, the object or effect of which shall o iny maybe to actions or proceedings founded on a claim of title or incumbrance not impugn, attack or call in question the validity of the title hereby excepted in this policy. insured, the insured shall promptly notify this company thereof in (h) This company shall have the right and may, at its own cost, writing at its main office and forward to this company such paper or maintain or defend any action or proceeding relating to the title or such notice, summons, process or pleading. Delay in giving this notice interest hereby insured, or upon or under any covenant or contract and delay in forwarding such paper or such notice, summons, process relating thereto which it considers desirable to prevent or reduce loss or pleading shall not affect this company's liability if such failure has hereunder. not prejudiced and cannot in the future prejudice this company. (c) In all cases where this policy requires or permits this company to prosecute or defend, the insured shall secure to it the right and Section 5 PAYMENT OF LOSS opportunity to maintain or defend the action or proceeding, and all (a) This company will pay, in addition to the loss, all statutory appeals from any determination therein, and give it all reasonable aid costs and allowances imposed on the insured in litigation carried on therein, and hereby permits it to use therein, at its option, its own by this company for the insured under the terms of this policy. This name or the name of the insured. company shall not be liable for and will not (d) The provisions of this section shall survive payment by this counsel or attorney employed by the insured. pay the fees of any company of any specific loss or payment of the entire amount of this (b) In every case where claim is made for loss or damage this policy to the extent that this company shall deem it necessary in company (1) reserves the right to settle, at its own cost, any claim or recovering the loss from those who may be liable therefor to the suit which may involve liability under this policy; or (2) may termi- insured or to this company. nate its liability hereunder by paying or tendering the full amount of Section 3 this policy; or (3) may, without conceding liability, demand a valua- CASES WHERE LIABILITY ARISES tion of the insured estate or interest, to be made by three arbitrators No claim for damages shall arise or be maintainable under this policy or any two of them, one to be chosen by the insured and one by this except in the following cases: company, and the two thus chosen selecting an umpire. Such valua- (a) Where there has been a final determination under which the tion, less the amount of any incumbrances on said insured estate and insured may be dispossessed, evicted or ejected from the premises or interest not hereby insured against, shall be the extent of this corn- from some part or undivided share or interest therein. pany's liability for such claim and no right of action shall accrue (b) Where there has been a final determination adverse to the title, hereunder for the recovery thereof until thirty days after notice of upon a lien or incumbrance not excepted in this policy. such valuation shall have been served upon this company, and the (c) Where the insured shall have contracted in good faith in writing insured shall have tendered a conveyance or assignment of the insured to sell the insured estate or interest, or where the insured estate has estate or interest to this company or its designee at such valuation, been sold for the benefit of the insured pursuant to the judgment or diminished as aforesaid. The foregoing option to fix a valuation by order of a court and the title has been rejected because of.a defect or arbitration shall not apply to a policy insuring a mortgage or leasehold incumbrance not excepted in this policy and there has been a final interest. determination sustaining the objection to the title. (c) Liability to any collateral holder of this policy shall not exceed (d) Where the insurance is upon the interest of a mortgagee and the the amount of the pecuniary interest of such collateral holder in the mortgage has been adjudged by a final determination to be invalid or premises. ineffectual to charge the insured's estate or interest in the premises, or (d) All payments made by this company under this policy shall subject to a prior lien or incumbrance not excepted in this policy; reduce the amount hereof pro tanto except (1) payments made for or where a recording officer has refused to accept from the insured a counsel fees and disbursements in defending or prosecuting actions or satisfaction of the insured mortgage and there has been a final deter- proceedings in behalf of the insured and for statutory costs and allow- mination sustaining the refusal because of a defect in the title to the ances imposed on the insured in such actions and proceedings, and said mortgage. (2), if the insured is a mortgagee, (e) Where the insured shall have negotiated a loan to be made on nate prior liens or incumbrances not set forthaiin Schedule Br subordi- the security of a mortgage on the insured's estate or interest in the (e) When liability has been definitely fixed in accordance with the premises and the title shall have been rejected by the proposed lender conditions of this policy, the loss or damage shall be payable within and it shall have been finally determined that the rejection of the title thirty days thereafter. CONDITIONS CONTINUED ON INSIDE BACK COVER 0 CONDITIONS CONTINUED FROM INSIDE FRONT COVER Section 6 CO-INSURANCE ANIS 'PORTIONMENT member companies fog, rtinuation of liability to grantees of the (a) In the event that a partial loss occur er the insured makes insured in certain sp-. circumstances only. In no circumstance an improvement subsequent to the date of this policy, and only in that provided for in this section shall this company be deemed to have event, the insured hrrnmec a rn.t„e,,.o,. r.. .i... t___c_ r. incurrrl r6.. e„1> _c ...t_ r i ti 4t••••••••• • •*•*•*••••**.•* •••••• • •••XC • • • • :S. `,; ''= x'�` x ,� .* . ** + 4 4 { • 4 i 0 • 11 • 4 4 • POLICY OF 'TITLE INSURA CE I; • • • No. S-360779-13 4 • • • `• SECURITY TITLE AND GUARANTY COMPANY • 4 i 4 • 4 4 • • ((�� /J // • in C.onoideration oi the payment of its charges for the examination Ili •• I of title and its premium for insurance, insures the within named insured against • • • all loss or damage not exceeding the amount of insurance stated herein and in• + • addition the costs and expenses of defending the title, estate or interest insured, • which the insured shall sustain by reason of any defect or defects of title affect- • ing the premises described in Schedule A or affecting the interest of the insured • therein as herein set forth, or by reason of unmarketability of the title of the ii • • insured •to or in the premises, or by reason of liens or incumbrances affecting i • title at the date hereof, or by reason of any statutory lien for labor or material •• furnished prior to the date hereof which has now gained or which may here- i • • after gain priority over the interest insured hereby, or by reason of a lack of • • • access to and from the premises, excepting all loss and damage by reason of • the estates, interests, defects, objections, liens, incumbrances and other matters i1 •• set forth in Schedule B, or by the conditions of this policy hereby incorporated • • 4 into this contract, the loss and the amount to be ascertained in the manner pro- • • vided in said conditions and to be payable upon compliance by the insured with 4I •• the stipulations of said conditions, and not otherwise. y r • • f• in ilneoo //Vhereo/ SECURITY TITLE AND GUARANTY COMPANY • 4 • has caused this policy to be signed and sealed on its date of issue set forth herein. • • t 4 •• • M1�nµ • • ,- ,, -, 4 I /,,:`,.: '' ,^y ' =t " ` ,, RR ": r >ir 4_,.... 4 • /Ada t 'd: �'" i ; `m _,..;.7,7,,G, ;` , ,,: Auhrized SignaturP President 0 ,,, • s.�, , '.... •••••+••�.•••••"••• ••.4••••...•• • ••♦ •*•.•• ........... •_ ......... •••••. ...i• ••-.; - CONDITIONS CONTINUED FROM INSIDE FRONT COVER Section 6 CO-INSURANCE AND APPORTIONMENT member companies for continuation of liability to grantees of the (a) In the event that a partial loss occurs after the insured makes insured in certain specific circumstances only. In no circumstance an improvement subsequent to the date of this policy, and only in that provided for in this section shall this company be deemed to have event, the insured becomes a co-insurer to the extent hereinafter set insured the sufficiency of the form of the assignment or other instru- forth. ment of transfer or conveyance or to have assumed any liability for the If the cost of the improvement exceeds twenty per centum of the sufficiency of any proceedings after the date of this policy. amount of this policy, such proportion only of any partial loss estab• Section 8 SUBROGATION lished shall be borne by the company as one hundred twenty per cen turn of the amount of this policy bears to the sum of the amount of (a) This company shall to the extent of any payment by it of loss this policy and the amount expended for the improvement. The fore- under this policy, be subrogated to all rights of the insured with going provisions shall not apply to costs and attorneys' fees incurred respect thereto. The insured shall execute such instruments as may be by the company in prosecuting or providing for the defense of actions requested to transfer such rights to this company. The rights so trans- or proceedings in behalf of the insured pursuant to the terms of this ferred shall be subordinate to any remaining interest of the insured. policy or to costs imposed on the insured in such actions or proceedings, (b) If the insured is a mortgagee, this company's right of subroga- and shall apply only to that portion of losses which exceed in the tion shall not prevent the insured from releasing the personal liability of the obligor or guarantor or from releasing a portion of the premises aggregate ten per cent of the face of the policy. from the lien of the mortgage or from increasing or otherwise modify- Provided, however, that the foregoing co-insurance provrsions shall not apply to any loss arising out of a lien or incumbrance for a liqui- ing the insured mortgage provided such acts do not affect the validity dated amount which existed on the date of this policy and was not or priority of the lien of the mortgage insured. However, the liability shown in Schedule B; and provided further, such co-insurance provisions of this company under this policy shall in no event be increased by shall not apply to any loss if, at the time of the ocurrence of such loss, any such act of the insured. the then value of the premises, as so improved, does not exceed one Section 9 MISREPRESENTATION hundred twenty per centum of the amount of this policy. Any untrue statement made by the insured, with respect to any (b) If the premises are divisible into separate, independent parcels, material fact, or any suppression of or failure to disclose any material and a loss is established affecting one more but not all of said fact, or any untrue answer by the insured, to material inquiries before parcels, the loss shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, the issuance of this policy,shall void this policy. independent parcels, exclusive of improvements made subsequent to Section 10 NO WAIVER OF CONDITIONS the date of this policy. (c) Clauses "(a)" and "(b)" of this section apply to mortgage This company may take any appropriate action under the terms of policies only after the insured shall have acquired the interest of the this policy whether or not it shall be liable hereunder and shall not mortgagor. thereby concede liability or waive any provision of this policy. (d) If, at the time liability for any loss shall have been fixed pur- Section 11 POLICY ENTIRE CONTRACT suant to the conditions of this policy, the insured holds another policy of insurance covering the same loss issued by another company, this All actions or proceedings against this company must be based on company shall not be liable to the insured for a greater proportion of the provisions of this policy. Any other action or actions or rights of the loss than the amount that this policy bears to the whole amount of action that the insured may have or may bring against this company insurance held by the insured, unless another method of apportioning in respect of other services renderedin connection with the issuance the loss shall have been provided by agreement between this company of this policy, shall be deemed to have merged in and be restricted to and the other insurer or insurers. its terms and conditions. Section 7 ASSIGNMENT OF POLICY Section 12 VALIDATION AND MODIFICATION If the interest insured by this policy is that of a mortgagee, this This policy is valid only when duly signed by•an authorized signs- policy may be assigned to and shall inure to the benefit of successive tory. Changes may be effected only by written endorsement. If the assignees of the mortgage without consent of this company or its en- recording date of the instruments creating the insured interest is later dorsement of this policy. Provision is made in the rate manual of than the policy date, such policy shall also cover intervening liens or . New York Board of Title Underwriters filed with the Superintendent incumbrances, except real estate taxes, assessments, water charges and of Insurance of the State of New York on behalf of this ,and other sewer rents. ENDORSEMENTS N.Y.B.T U. FORM 100 REVISED EFFECTIVE 1/1/63 ADOPTED 12/28/51, AS AMENDED 7/1/69 I) * . 4 • • • • ,• . • 4, SECURITY TITLE4. ;, AND 4; • GUARANTY COMPANY +; P.a Policy No. S-360779-13 SCHEDULE A The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot No. 1, on a certain map entitled, "Map of Sunset Knol Section 2", and filed in the Office of the Clerk of the County of Suffolk on 4/9/7 as Map No. 5448. 111163 P_5 Name of Insured Policy No. S-360779-13 MIKOLAJ DIA & OLGA Amount of Insurance $ 6, 000. 00 DIAKUN, HIS WIFE. Date of Issue November 23 , 1970 The estate or interest insured by this policy is fee simple vested in the insured by means of Deed by Sunset Knolls Development Corp. , to the INSURED, dated 11/15/70 and recorded in the Office of theClerk of the County of Suffolk on 11/23/70 in Liber 6844 cp 230. SCHEDULE B The following estates, interests, defects, objections to title, hens and incumbrances and other matters are excepted from the coverage of this policy: 1. Defects and incumbrances arising or becoming a lien after the date avenues, lanes, ways or waterways, or the right to maintain therein of this policy, except as herein provided. vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements 2. Consequences of the exercise and enforcement or attempted enforce- are insured. Notwithstanding any provisions in this paragraph to the ment of any governmental war or police powers over the premises. contrary, this policy, unless otherwise excepted, insures the ordinary 3. Zoning restrictions or ordinances imposed by any governmental body. rights of access and egress belonging to abutting owners. 4. Judgments against the insured or estates, interests, defects, objections, 6. Compliance by the buildings or other erections upon the premises or liens or incumbrances created, suffered, assumed or agreed to, by or their use with Federal, State and Municipal laws, regulations and with the privity of the insured. ordinances. 5. Title to any property beyond the lines of the premises, or title to 7. Title to any personal property, whether the same be attached to or areas within or rights or easements in any abutting streets, roads, used in connection with said premises or otherwise. 8. Covenants and restrictions contained in Declaration recorded in Liber 6730 cp 293 as amended by Liber 6770 cp 393 . 9. Long Island Lighting Company easement contained in easement contained in instrument recorded in Liber 6764 cp 323 . (affects streets only) . 10. Survey made by Young & Young, dated 11/11/70, shows vacant land. No variations. 1/1/63 TOWN OF SOUTHOLD GEORGE R. SULLIVAN TAX PAYMENT RECEIPT 05/28/2004 TAX RECEIVER CONSOLIDATED TAX LEVY 2003/2004 13 :47 BILL NUMBER: 0127.13 SWIS: 473889 TAX MAP NUMBER: 106. -7-35 OWNER NAME: DIAKUN NICK & WF LOCATION: 1180 STANLEY RD 1ST HALF TAX 2ND HALF TAX PENALTY TOTAL TAX TOTAL PAYMENTS $365.06 $365.07 $0.00 $730.13 $730.13 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD DIAKUN NICK 1ST HALF 01/05/2004 $365.06 $0.00 52 CHECK/743 DIAKUN NICK 2ND HALF 05/28/2004 $365.07 $0.00 254 CASH L.VT L OFFICE LOCATION TOWN OF SOUTHOL E OFFICE HOURS&PHONE 53095 ROUTE 25 C( OLIDATED REAL PROPERTY T BILE MON-FRI 8.00 AM TO 4 00 PM SOUTHOLD,NY 11971-0499 DECEMBEI, 03-NOVEMBER 30,2004-TAXES BECOME A LIE] :EMBER 1,2003 631-765-1803 FAX:631-765-5189 {u�tf}to+ l yliu r',.tw3;"'kfWy 1, �4r ta' Si: ' r:� tt is e' uua}6 Pi1COI,Nt'NUMBER E �t'(BILL�NUMBE•Ft J��ae. '"y 31ySUF LKw00y�dUNT�1xTA MRrP UMBER y-TR k °,SCH 10L00 IF THE WORD"ARREARS"IS PRINl'�v`n E SEE 1 .knC oct.7 ,ri V.M.Al.., COUNTY TREASURER'S NOTICE ] r`" awx �tµr` 473889 106.-7-35 382 ON REVERSE SIDE 14 12713 E.i. H w..W: ;+v)M[.t�aw - "➢ • ".q�•r, 4 .q vk.qui 6 � •*-'^. � r4, S. 1)y Y� V. {{ +"•'p�,,`{�5,fi�r Pk;'t7klifY#tLOG"ATIO�N! SFS? A+ gfig �y,�lT'�' glkii0g1'a' 'S'� TtI a" `,� �' +`ntfir,Ttigi{NQ,UM ,,,��: , 50PTImRPU,'�h�,�DS�,E; „ wnw:�kfi� arwtA":V�Jk.� -...�J....,,.Sa�AM..A,ora.d.vn/-;nxLA� k�n�li5iR.r�.n'Y.L unrn�.�,.�1��r. hF�i.ted�uWt....<_�.na.M4A.. .L�..W. rF,n..-,..�.1�",�. '��.'1.ueil4,,..� � .wt W4 �. 1180 STANLEY RD 0.5 ',S 1COUNTAlga,'t itkitingigged SPS C CODE .104 300,630,362 1,869,384 PROPERtiCON,SRO AT.g it , .. y]}P ERTY T PE'A t"Y c 311 1 RES VAC LAND �� ��� ��� ��� ��� lid41.04 TSD/AMEit AN /��SRiti,rgR . ,r`T'1''I,'MOSfA 1`�S E SiflI fS�Tr�n�c�� X11 n� n� n� m nn t In IIS ******************AUTOCR**B011 12/2/03 800 800 DIAKUN NICK&WF t t011VNER `6 OF tag9TAT1MSDVEO MACl `M2"0„b3 t 1060 STANLEY RD PO BOX 1170 DIAKUN NICK&WF MATTITUCK NY 11952 4 r__ 1 u Y N Erg s Si �.,,���� "'.�`��o`2�r'LQI���`xl'7bk !'i�l�`Sf1�V1eN�.3�i1h1�1F�i�i�IU�%�`Ie�;O�it .�5 "'�"'I:���'��ai` n�:,a�' �ir�~�tart�bt?;,�xdEa��'��L�►;SSPE,S'�1 �I7�,�U ►LU�Ea�. x,�`' ,.a .,YGti.�.rr.N..Lue«�"fr'�-.. .-_...,u. .IL.�d.,.�"Gt w.,.➢_�. .e ASSESSED VALUE RATIO 100%OF FULL'VALUE First Half: 12691 $344.88 1/9/03 Second Half: 12691 $344.88 5/22/03 800HWHICH 1.71° OF ITS: 46,784 LEVY D ES C R 9 PT 1 O N LEVY% TAXABLE VALUE M o N FROM PRIOR YEAR TAX AMOUNT TOTAL TAX AMOUNT MATTITUCK SCHOOL 65.03% 800 593.55 7.20°° 474.8' MATTITUCK LIBRARY 4.13% 800 • 37.67 5.70% 30.1' " : r�],f ,;+r xt�i, ,r g' , .J; lii4 sr'r�7r «y, :•s� �y a#�y Kttr3�:.syf,�"tr�7� ? p�f �jY •' �'� �$3 '�f,r ` , � K41r d r. �a w ,��c rw � ° t i k �` . �AtAi, �fl � +�, a a�' 69.16/° t r v o, 504.98 �'1 ..„ ,lit' r. ITA ��E I: D FOR ' 1' 's ,,, . ,, x a�. �,.. ,,A,: .� ter;. �f• k A.. �x'� ,,it,,,,-t, SUFFOLK COUNTY TAX 1.93% ,--800, '17.59 I -1.10°0 14.0 �"-'Sliir,�. `�� 2r , v � v x ' t ti k ' �, T� ,- D."f.r� =i „t.rx. � " ! •� Yd� fX 7R `- + 193° a, O � NTY 14.07 .A,u3. . ilZt, } 1; � d , s. vp. .L. F. . " .!af� I , 11Ur � . SOUTHOLD TOWN TAX 19.42% 800 ' ,177.22' 5.10°7 141.7; :4144104434 'ti ,y.�""'�hy.. f�,fin��;+, wK, Fy,ryr,;:. , .y§an��d'fC 1 Jk to, -........,-4...,„..100,- ;,; w.a „..1 Y..w ,k I .an n.G1w�.�u�rcueyos,r,�:h�.usk�Fk-' �," . "'�"+" 44�3�! Ii'`, °! if'� ;p��y T'AX Esti D i 19.42% ; F�� R��1 .r(�r� dytpw"'yg PY;Jy+yt p�{� 141.78 '.,..,, r ; 11„„�yyyy.Po.-: rt.' ' u.�� .. Y1. 4 k !�: a��`lilli�:hl jel `,_. eS.S`�1 ra `t t.,.4.,1,1'1).- .i'.i ""....l.4tA'�".I G ')' s 1 0."N`i r�.�.ai74 n.. ih,cau'�S"Cs^W'. � is trtn5�-.eihre rusuut6... R�r' m, M �:� .:1: .°�P' NYS REAL PROP TAXLAW 0.21% 800 1.90' -25.40°3 1.5; NYS MANDATED EXPENSE 0.54% 800 4.96; 100.00% 3.9' MATTITUCK FIRE DIST 5.04% 800 46.00^ 15.30% 36.81) MATTITUCK PARK DIST 1.83% , 800 16.708 , 15.30% 13.3' WASTE WATER DISTRICT 0.15% 800 - ' 1.41 ' ;-14.30°/i 1.1 STHLD SOL WASTE DIST 1.71% 800 15.620 10.30% 12.51) e, rw ,, 'e:ari ,:.. 5'n -','_'..`aaj. ',''''f<• s� - -_-_.__-- , i._,-4,,_-, -!_ Nvy.t,a:w - V�.5__�f_ - zgl "!.i£;sn$nV'°U°papnptII aq IllM uta;l aad adielP dutspianpe ales xu;won d.„-E A.tunigad moil loa.tall;;zud JO ll;uout,tad%I to awl alp;e;uleuad puu xe;pedun Ie;O;uo;sata;ul pug%$to A;luuad snld'ii££-I06ti TOA WILLIAM J. CLARK ATTORNEY AT LAW LOVE LANE MATTITUCK, NEW YORK 11952 516 - 298-8820 April 2 , 1971 Mr. and Mrs . Michael Evans 146 Carroll Street City Island, New York, 10464 Dear Mr. and Mrs . Evans; Enclosed are your Policy of Title Insurance and your deed which has been recorded in the Suffolk County Clerk' s Office on March. 18, 1971 in Liber 6902 Page 56. I have paid the second-half of the taxes. The receipted bill will be returned to me shortly. Cordially yours , — • _._._ - WILLIAM J. CLAita WJC:kcp encl, S S LAW OFFICES WILLIAM WICKHAM MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 November 15, 1970 WILLIAM WICKHAM RICHARD F LARK Lot No. 1 ACCOUNT WITH MIKOLAJ DIAKUN and OLGA DIAKUN: Professional services rendered in connection with the following: Examination and closing contract; preparation of closing statement; closing title: $75.00 Costs and disbursements: r p Rec. fee deed 4.0O T 79.-hr- 7/7"/A c4iz- 7F-----5- _,- 3 /, 5. ") �, i K, _______---- ter— / y f J gi V • 1111 LAW OFFICES WILLIAM WICKHAM MATTITUCK, NEW YORK Mikolaj Diakun & wife Date December 17, 1970 Re: Sunset Knolls Development Corp Mikolaj Diakun & wife --Lot #1 The accompanying papers pertain to this account: Mortgage Bond . Fire Insurance Policy . . Mortgage . Title Insurance Policy . Building Loan Agreement . Release x Deed Satisfaction . Extension Agreement Survey Our Bill Tax Bill or Receipt . . Tax - Ins. Requisition x . Closing Statement Application .... . Description of Premises Escrow Statement Disclosure Statement Escrow Check . ... ... Encls. (2) lc WILLLawIWIOfficeCKs AM HAM Mattituck, New York 11952 STATEMENT OF CLOSING TITLE ITLE COMPANY and No. : Security Title & Guaranty Co. REMISES: Lot No. 11 Map of Sunset Knolls, Section Two, Mattituck, New York ELLER: SUNSET KNOLLS DEVELOPMENT CORP. URCHASER: MIKOLAJ DIAKUN and OLGA DIAKUN ORTGAGEE: N/A LOSED: 11/15/70 at 11a. M. at office , of Richard. F. Lark, Esq. DJUSTMENTS COMPUTED AS OF: N/A RESENT: 14.4KEIXEMNXEMYNX Mikolaj Diakun and Olga Diakun, Stanley Sledjeski, Mr. Hluszko Richard F. LarK, . sq. REDIT TO BUYER CREDIT TO SELLER 'aid on signing Contract: „40-0 Purchase hase Price: $ irst Mortgage held by: Taxes ddress: nterest @ % from Insurance 'o 'urchase Money Mortgage 4 [eld by: fi ddress: 'axes Fuel Satisfaction of Mortgage Rent Lransfer Stamps Other )ther notal Credit - Buyer yJ=.-t2 Total Credit - Seller ( c„, Total Credit - Buyer t" ` ,__,, CLOSING FUNDS Total due Seller r Teller' s Check No, 071869 Dry Dock Savings Bank dated November 13, 1970, to the order of Nick Diakun, endorsed to the order of Sunset Knolls Development Corp. : $5,400.00 P • ..A, ' ' , • 4 APPLICANT ' S REASON #1 : • • We/. ver 0 e!/et' • . APPLICANT' S REASON #2 : -(PLEASE USE ADDITIONAL SHEETS if needed . ) - - _ � - ,) NOV 32004 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No.21+530 Date man. 27 , l9.72. THIS CERTIFIES that the building located at . . .siatiley stall Street Map No Block. Block No. 4/ Lot No. .3 .Mattituft, Nab conforms substantially to the Application for Building Peimit heretofore filed in this office dated Aug • •10 •, 19-71. pursuant to whiat Building Permit No. .511.50z. dated Aug . . ., 19. 7.1., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .private •one fatnii*•dwelling The certificate is issued to .Nichael Evans • • • -Ownei (oWner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . ; 4041114 .1972 • by -R4- Villa • • House # 1060 Stanley Rd • A(14-W. ft.. :Building Inspector `t,ear ✓ .f :` - -_ • '. LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department merger application): 7-0 000 eta Date of first deed which created this lot: ', 010 Date of current deed to present owner: Yvc-c \� , 111 1 Owners' names of lot at current time: c,//& Di 4404) sv1';kOkj: Dto,Aedet,• I Date and name of subdivision (if any): CAink Cs-. Size of remaining lot in the merger: s.f. Were there any building permits issued in the past for this lot: Yes No t7- If 'If yes, please provide copy of former permit and map approved. W ,ere t ere any County Health Department approvals in the past for either lot? Yes No . If yes, please provide a copy. • Were they any ant land Certificates of Occupancy requested in the past? Yes No 1, v. If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approv , or other type of application to build or use the property in any way)? Yes No • If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the • deededlot,lifre which separates the two merged lots? No. / Yes If yes, please explain. ? How many other vacant lots are on the same block and immediate neighborhood? Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: ied 41 0 , er's S'.nature NOV 3 2004 ZBA5/27/99 ,I�, FO`�c ELIZABETH A.NEVILLE �� � Town Hall, 53095 Main Road TOWN CLERK 4.2 $ ; P.O. Box 1179 REGISTRAR.OF VITAL STATISTICS B �$ Southold, New York 11971 MARRIAGE OFFICER y ®z � Fax(631) 765-6145 `1►aRECORDS MANAGEMENT OFFICER =.®1 ,..0.� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �,,,,,, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: November 9, 2004 RE: Zoning Appeal No. 5635 Transmitted herewith is Zoning Appeal No. 5635 of Nick and Olga Diakun for a lot waiver. Also included is: Notice of Disapproval dated October 20, 2004 with copy of building permit application; ZBA Questionnaire; Lot Waiver Questionnaire; Receipt No. 67087 from the Southold Town Building Department; Applicant.Transactional Disclosure Form; copy of Certificate of Occupancy No. Z4530; and copy of tax map. • -4` €T4•.` " ` LsL:?' QuEsTTCNtfAIP.E FOR FILING WITH YOUR Z .S.A. APPLICATION A. Please disclose the names of the owners ) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) S&A i ko to /,3 i ei i-v � 13- Is the subject premises listed an the real estate market for sal or being shown to prospective buyers? ( I Yes Na (if yes, 1110.= m art- rh cony of "condi` int." of sale. ) . C. Are there oLuyoss 1 S tt mange alter 1--4=1 contours? ( ) Yes ( No • D. I. Are there any areas which contain wetland grasses? /7 2. Are the wetland areas shown an the map snilmitted with this application? 3. Is the property bulkheaded between the wetlandi area and . the upland building area? , 4. • If your prope_rtv conta i n a wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? • E_ Is there a depression or sloping elevation near the area of - proposed construction at or below five feet above me=n sea level? ._.A.)..4, ', (If not applicable, state "N.A. " ) . F. Are there any patios , concrete barriers , bnikheads or fir which �i Si and are not shown on the sur-vey man t-hat you ar= submitting? ' Al0r7 e• If none exist, please state "none_ " - G. Do you have any construction taking olace at this time concerning your premises? /10 If yes, please siihmit a copy of your building permit and map as approved by the Building Department_ If none, Please state. H- Do you or any ca-owner alsd awn other land close to this parcel? If ves, please explain where or submit conies of deeds_ / _ I. Please list present use or operations conducted at this parcel • , /074 proposed tine � t, h �1 en y : t iJ, / and . 1 7 / A j1ori_ec. Slj 7-1 _ nac':e a anDace +1 NOV i 3 2004 3/97, 1°/9oI 'c P • APPLICANT V, <N TRANSACTIONAL DISCLOSURE PORK The Town of Southold's Code of Ethics prohibits conflicts of interest on the parL of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest, and allow it to take whateveractionis necessary to avoid same. YOUR NAME: �d1 ` I��I.r�� J� Z foLJ9 -_ (Last name first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other ,/ (If "Other," name the activity. ) i.✓J4�v/c-C -3 S L: .h`(1,) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares_ YES NO If you answered "YES,", complete the balance of this form and date and sign where indicated. • Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) andfor describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is nob a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. `®--- DESCRIPTION OF RCLATIONSITIP NOV3 2004 • • • Submitted this day of Signature �� C� -7 Print name TOWN OF SOUTHOLD BUILDING' :MIT APPLICATION CHECKLIST BUILDING DEPARTMENT4-3. Do you have or need the following,before applying? TOWN HALL OCT I 2 2064 Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 -- _,- -- - Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c /6 /* DISAPPROVAL Phone: q/9 `/ y 706j Expiration ,20 -7 c, � Q 10 5.--/D Building Inspector APPLICATION FOR BUILDING PERMIT Date /e/7/0 , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what sq ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of 5',ssuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the -property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all appli(able laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. c2 (25 ,,•� rid (�.�,� f ignature of�:.licant or name,i a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises , • • (As on the tax roll l or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. NOV 3 2004 Electricians License No. Other Trade's License No. 1. Loeation of land on which proposed work will be done: - 1-10 House Number' Street 144-t Hamlet County Tax Map No. 1000 Section 10 co Block Lot • Y (3s Subdivision Filed Map No. Lot L• (Name) 2. State existing use and occupancy premises and intended u5;e and occupy of proposed construction: a. Existing use and occupancy y K Op Intended use and occupancy w a;vt'c• e 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To bep, id on filing this application) 5. If dwelling, number of dwelling units Number gyp,is glla h kiit t ach floor z If garage, number of cars j 't 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth • 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO 13. Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO. * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COUNTY��QQOF ta, ,01/r ��/ ' 4 ) -teing duly sworn, deposes and says that the applicant (Name of individual signing contractl above named, • the 0-e0 - - - (Contractor,Agent, Corporate Officer, etc.) - of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 7 day of 20� p pia Notary Public Signature Applicant TATIANNA RABIY Notary Public, State of New York No. 01 RA-4794543 Qualified in New York County„, / Commission Expires Sept. 30, 2 US FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 20, 2004 TO: Olga&Nick Diakun 60-50 83rd Place Elmhurst,NY 11373 Please take notice that your application dated October 12, 2004 For permit merger determination at Location of property: 1180 Stanley Rd., Mattituck County Tax Map No. 1000 - Section 106 Block 7 Lot 35 Is returned herewith and disapproved on the following grounds: The subject lot has merged with an adjacent lot to the east (SCTM# 1000- 106-7-34)pursuant to Article II Section 100-25 which states; "Merger. A nonconforming lot shall merge with an adjacent confoniiing or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." Authorized Signature CC: file, Z.B.A. Nov 3 2.004 TOWN OF SOUTHOLD BUILDINI, TWIT APPLICATION CHECKLIST BUILDING DEPARTMENT - Do you have or need the following,before applying? TOWN HALL OCT 12 20114 Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631)765-9502 -- i- r_--. Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c ,� DISAPPR OVAL Phone: �/y '*'y 706,3 Expiration ,20 -o -70 IoSic7 Building Inspector APPLICATION FOR BUILDING PERMIT Date /e/7/0 , 20 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to'adjoining premises or public streets or areas,and waterways. - c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of 'ssuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the .property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Iluilding Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or . Regulations,for the construction of buildings, additions, or alterations-or for removal or demolition as herein described.The applicant agrees to comply with all appli(able laws, ordinances,building code,housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. - A ' ignature of•F.licant or name,i a corporation) • • (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1: Loeation of land on which proposed work will be done: SfOAA ktt V4,WIE / House Number Street Hamlet County Tax Map No. 1000 Section 10 fo Block Lot `( 4 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy remises and intended use and occupat,r,„: of proposed construction: • a. Existing use and occupancy 01) Intended use and occupancy w A,i ver- e /r,��� 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be, id on filing this application) 5. If dwelling, number of dwelling units Number p qh ' `.,1 a �"tj ach floor If garage, number of cars �a ;'i' 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth • 10. Date of Purchase Name of Former Owner - 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO 13. Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO. * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. • 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) COUNTY OF Att) /Q j v._-)19hecy MaGlibeing duly sworn, deposes and says thate i thep cant (Name of individual signing contractY above named, the (Contractor,Agent, Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 7 day of - 20 // �� �� ?,t ,, -Zej) 7_Ak 17;(34e G4. )f "87 Notary Public / Signature Applicant TATIANNA RABIY Notary Public, State of New York No. 01 RA-4704543 Qualified in New York County„ Commission Expires Scot. 30, 2 S Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/09/04 Receipt#: 835 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 835 Total Paid: $150.00 Name: Diakun, Nick & Olga 1060 Stanley Rd Mattituck, NY 11952 Clerk ID: LINDAC Internal ID:101675 I SENDER: COMPLETE THIS SECTION 1 COMPLETE THIS SECTION ON DELIVERY • Completes items 1,2,and 3.Also complete A. Signature ry item 4 if I/iestricted Delivery is desired. /J r ■ Print yo�/f hame and address on the reverse X ft (!�� r � so that ifre can return the card to you. r 0 t ii Attach( is card to the back of the mailpiece B. Received bylPnrt��a _ Addressee or on theJrnnt if y , SENDER:,COMPLETE THIS SECTION , COMPLETE THIS SECTION ON DELIVERY i • Complete Items 1,2,and 3.Also complete A Sigp•tura item 4 if Restricted Delivery is desired. / ❑A t • Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by(Printed Name) C. oq of el very i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY, _ ■ Complete/ems 1,2,and 3.Also complete A Signature 4- 1 item 4 if estricted Delivery is desired. X Agent f • Pnnt your name and address on the reverse- Li,- 0 Addressee I so that we can return the card to you. ' B. INAttach this card to the back of the mailpiece, eived by(Prin-d Na ) C. Dl 4 Delivery _l or on the front if space permits. ��� / ac P �- (de 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes f i I If YES,enter delivery address below. 0 No I ----______ l '�_/_r _I �, SENDER: COMPLETE THIS S C ION ' CO E • QT . ? . r — ■ Complete items 1,2,and 3.Also complete A. Signature------, / item 4 if Restricted Delivery is desired. X �' /�GJr 0 Agent ' • Print your name and address on the reverse �__ 6 so that we can return the card to you. ❑Addressee - ■ Attach this card to the back of the mailpiece, 'eceived by(Printed Name) C. date of pelivery . or on the frortj if space permits. ,4-i•-04,A) i_,/%� 0 ' x 2. i D. Is delivery address different from item 1? 0 Yes I SENDER: COMPLETE '! �f---�L No I PS 1 THIS SECTIONCOMPLETE THIS SECTION ON DELIVERY ' r i ■ Comoleta.AAm`7_o_,..,,,0,_ — , SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY J • Complete items 1,2,and 3.Also complete A. Sign-ture e item 4 if Restricted Delivery is desired. i • Print your name and address on the reverse X ���](�/- ❑Agent_ Iry so that we n return the card to you. I ❑Addressee�� • Attach this clard to the back of the mailpiece, B Received b (P nted Nam-) C. Date of Delivery or on the fr nt if space permits. 1. Article Addre sed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No 41 g. fleve /2- PO.--)7 7 !l --I /VVS /C-(1-`i /2oa ( I j �i 3. Service Type G'T7L1;4,G Lf&,. Ax //(// s--,2 ❑Certified Mad El Express Mail rj ✓(1 0 Registered 0 Return Receipt for Merchandise I_I 0 Insured Mail 0 C.O D. , 4. Restricted Delivery?(Extra Fee) 2. Article Number - ❑Yes I (Transfer from service label - 7004 1160 0007 .3988 2659 If fl ,PS Form 3811,February 2004 Domestic Return Receipt ____ - 102595-02-W1540 411, 7' ZONING BOARD OF APPEALS (Q . TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of /V r le Dia/«/d AFFIDAVIT OF SIGN Df6 POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Ali cic /D/e?k iic/ residing at 0 - S D d3,-d ,La( e N. �• 1/3 73 ,New York,being duly sworn, depose and say that: On the PA day of ,)ete n her , I personally placed the Town's official Poster,with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that dale of the subject hearing date,which hearing date was shown to be De/e he.," /( 0200 y 4 --e- , Signature) Sworn to before me this I \ day of' ces s ,200 cAltippe IMMO imam nom,State of WNW( No.4816350 Qualified In Nassau County Certificate Flied in Na7Cour70 41111 lziV 41=._ 1 . i Com mea (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. 77-.. lifY". ' _ LEGAL NOTICE Q� PUBLIC HEARINGS ( \ SOUTHOLD TOWN 1 4 BOARD OF APPEALS `� THURSDAY,DECEMBER 16,2004 NOTICE IS HEREBY GIVEN,pur- t suant to Section 267 of the Town Law L., and Chapter 100(Zoning),Code of the Town of Southold,the following public , hearings will be held by the ' , SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, ' ' New York 11971-0959, on Thursday, j ' December 16,2004,at the times noted below (or as soon thereafter as possi- ble): , 9:35 AM MORTIMER KELLY #5630. Request for a Variance under — ——-- _ ___. - Sections 100-242A and 100-244,based on the Building Department's August 16,2004 Notice of Disapproval,for the reasons that the proposed additions with alterations will be less than 10 feet on a smgle side and less than 25 feet for both - - - --- r side yards,at(1195(1145)Goose Creek , 350 West Lake Drive,Southold; CTM 1:10 PM FITF,LLC#5617.Req Request ? Lane,Southold; CTM 78-8-8. 90-1-21. 9.40 AM JAMES PAPPAS #5634. fora Variance under Section 100-122 Request a under Section 10.00 AM PETER W. GAILLARD based ow the Building Inspector's ' Request for based Varianceon the Buildinge #5631. Request for a Variance under January 12, 2004 Notice of Department's September 1 2004 Section 100-244,based on the Building Disapproval, amended September 21, Notice of Disapproval concerning a lot Department's December 24, 2003 2004, for a proposed parcel with less coverage exceeding the code limitation Notice of Disapproval concerning as"as than 80,000 square feet in a proposed of 20 percent for new swimming pool built"deck addition at less than the code subdivision(2.2),situated m a Manne II construction, at 650 Tasker Lane, required minimum 35 ft.from the front Zone The renaming land(2.1)is situ- cGreenp onstrort;CTM 33-4-40. yard line, at Mansion House Drive, ated in an R-80 Residential Zone. 9:45 AM ALEX KOUTSOUBIS Fishers Island; CTM 6-5-8. 10.05 AM Location of Property: West Side of #5629. Request for a Variance under CHARLOTTE DICKERSON #5616. Reservoir Road near Silver Eel Cove), Section 100-239 4A, based on the Request for a Variance under Section Fishers Island, CTM 1000-9-8-2, of Building Department's August 16,2004 100-239 4,for relief from the conditions 3.30 acres. Notice Disapproval concerning of previous Appeal No.5256 and based 1 15 PM ORIENT FIRE DISTRICT Notice of pool construction at less than on the Building Department's August #5408. Proposed telecommunications the code required minimum 100 feet 12,2004 Notice of Disapproval,amend- tower, replacing the existing tower, at I from the top of the bluff or bank adja- ; ed November 22,2004,concerning the 23300 Main Road,Orient, CTM 18-5- cent to the Long Island Sound,at 1610 as-built location of a foundation for a 13.8. The Strand,Greenport; CTM 30-2-64. new single-family dwelling at less than The Board of Appeals will hear all 9 50 AM NANCY LOUISE CAR- 100 feet from the top of the L I.Sound persons, or their representatives, desir- ROLL AM7. Request for a E-Cane ' bluff). Location of Property. 4630 Blue mg to be heard at each hearing,and/or Horizon Bluffs, Peconic; CTM Parcel desiring to submit written statements I under Section 100-244, based on•the I Building Department's July 22, 2004 74-1-35.51. before the conclusion of each hearing INotice of Disapproval concerning pro- Request for Variance e u deCE ESec6 on 24. Each hearing will not start earlier than �} I posed additions with alterations which 100-244, m based on the Builddesignated above Files are available I will be less than the code-required 35g for review during regular business feet from the front yard line,less than Department's May 25, 2004 Notice of hours. If you have questions,please do Disapproval,amended August 4, 2004, 15 feet on a single side yard, and not hesitate to call(631)765-1809. exceeding 20 percent lot coverage, at_ concerning a proposed conversion of an Dated: November 23,2004. --_ -_ -- -- — accessory building located at less than Ruth D.Oliva,Chairwoman — 40 feet from the front property line,for Board of Appeals single-family dwelling use Location of By Linda Kowalski Property. 630 Strohson Road, Cutchogue; CTM 103-10-12 7241-1T 12/2 10.25 AM MARKO ANTICEV.1�' Request for a Vanance under Section 100-32, BASED ON THE Building Department's August 25,2004 Notice of Disapproval, amended November 4, 2004,for a proposed parcel with a land / area of less than 80,000 sq.ft.in this R- 80 Residential Zone District Location of Property: 2005 Old North Road, Southold; CTM 54-3-part or 26 4(also shown as part of Lot 2, Map of Lighthouse a .ociates/Minor I Subdivision). 10:35 - NICK AND OLGA I DIA . . Reque100- or a LWaiv ier Section 26st fconcerning Lot er 2r containing 20,750+sq.ft as shown on the Map of Sunset Knolls, Section 2. Based on the Building Department's I October 20, 2004 Notice of Disapproval, and Section 100-25, the properties have been merged due to common ownership with the first lot at any time after July 1, 1983, until the total lot size conforms to the bulk sched- ule requirements. Combined the lands 1 total 45,132 sq. ft. Location of +'f j--Property: 1180 (and 1060) Stanley Road, Mattituck, Sunset Knolls Subdivision, Section 2, Lots 1 and 2. -- Zone District R-40 Residential — 10:50 AM -JOHN and JOANNE ' GOUVEIA #5615. Request for ! Variances from Sections 100-239.4, - 100-242A and 100-244B,based on the May 26, 2004 Notice of Disapproval, amended November 22,2004 The rea- sons stated for the denial of the building permit application is that the additions -I will have setbacks at less than 10 feet on a single side,less than 25 feet for total side yards, less than 100 feet from the , ____ _ _ _-_ —_, bank or bluff adjacent to the Long -- - - -- _-- - — __ - 1 ` f Island Sound,and the lot coverage will exceed the code li nitation of 20 per- ' cent. Location of Property: 55405 CR 48,Southold;CTM Parcel 44-1-11. 11:00 AM ELIZABETH PEYTON and ANTHONY JUST#5632. Request for a Variance under Section 100-33, based on the Building Department's September 10, 2004 Notice of Disapproval,to locate a proposed swim- ming(lap)pool in an area other than a rear yard, at 195 Village Lane,Orient; CTM 18-5-8. 1-00 PM PETER AND MARY JACOBS #5604. Request for a Variance under Section 100-244,based on the Building Inspector's August 30, 2004 Notice of Disapproval, amended - November 5, 2004, concerning a new dwelling which will be less than 35 feet i from the rear yard line and exceeds the c; 20%code limitation of lot coverage,at 940 Gillette Drive,East Marion; CTM 38-2-10. Imo-' 1:05 PM C.D. REITER'S #5626,_ Request for a Special Exception under Article XII,Section 100-121B(1),coli- -ceming construction of a proposed-sec- No, addition,or upper level(mez- I zanine),to an existing restaurant located in the Marine II Zone District. Also ' requested is a Variance under Sections 100-242A, 100-22 Bulk Schedule, based on the Building Department's 1 August 6, 2004 Notice of Disapproval , concerning a setback at less than 25 feet from the rear lot line. Location of j Property: 750 Old Main Road,N.Y.S. - ItMile•2S,`Sotitliold:CTM 56-6-8.7. ,I .. 'en -- _ — I