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Home My WebLink AboutRockcove Estates very PATRICIAA. FINNEGAN JOSHUA Y. HORTON TOWN ATTORNEY Supervisor patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN Town Hall Annex, 54375 Route 25 P.O. Box 1179 ASSISTANT TOWN ATTORNEY Southold, New York 11971-0959 kieran.corcoran(g.'town.southold. ny .us LORI HULSE MONTEFUSCO Telephone (631) 765-1939 Facsimile (631) 765-6639 ASSISTANT TOWN ATTORNEY lori. montefusco(~"town.southold.ny. us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August23,2005 VIA FACSIMILE Charles R. Cuddy, Esq. 445 Griffing Avenue, P.O. Box 1547 Riverhead, NY 11901 Re: Rockcove Estates Road Dedication Dear Mr. Cuddy: I am enclosing a copy of Resolution No. 498 of 2005 along with a copy of James Richter's final inspection report in connection with the referenced matter for your records. Please be advised that I am in receipt of the original Deed, which is dated November 9, 2004. Neither the Town Clerk nor I have the original conveyance documents ([&, TP-584, Peconic Bay Region CPF form, and equalization form). Kindly submit these original documents to the undersigned as soon as possible for review and signature by Supervisor Horton. Please note that the Deed may not be acceptable for recording given the date, and you may want to have a new Deed prepared and executed. If you choose to prepare a new Deed, kindly forward same to me. The Accounting Department for the Town of Southold has deposited the $3,000 check for the replacement of the 15 trees in an escrow-type account. Kindly let us know once the trees have been planted so that we can have Mr. Richter confirm same. Once the conveyance documents and/or new Deed are received, we will review same and obtain Supervisor Horton's signature. We will notify you once the documents are ready to be recorded. Charles R. Cuddy, Esq. August 23, 2005 Page 2 If you have any questions, please feel free to call me. PAF/lk Enclosure cc: Members of the Town Board (w/encl.) ~ Elizabeth Neville, Town Clerk (w/encl.) Peter Harris, Superintendent of Highways (w/o encl.) James Richter, Town Engineer (w/o encl.) ELIZABETH NEX,~LLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-498 Resolution ID: 1063 Meeting: 08/16/05 04:30 PM Department: Town Attorney Category: Road Dedications THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-498 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BO.MID ON August 16, 2005: WHEREAS, East of Eden, LLC has made application to the Town Board of the Town of Southold to dedicate certain roads in Greenport, New York, to be known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and also RECHARGE BASIN, as shown and designated on the subdivision maps entitled Map of Rockcove Estates, filed in the Office of the Clerk of the County of Suffolk on June 11,2001, as Map No. 10637, together with the release executed by the owner thereof; and WItEREAS, the Southold Town Superintendent of Highxvays has inspected the said highways and recharge basin and has advised the Town Board that said proposed highways and land complies in all respects with the specifications for the dedication of highways and drainage in the Town of Southold; now therefore, be it RESOLVED that in accordance xvith Section 171 of the Highway Law of the State of New York, consent be~ and the same hereby is~ given to the Superintendent of Highways to make an order laying out the aforesaid highways~ to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication~ release and deed to be recorded in the Office of the Clerk of the County of Suffolk~ New York. Elizabeth A. Neville Southold Town Clerk JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ~ ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOOTHOLD, NEW YORK 11971 Fax. (63 [ ) - 765 - 9015 Tel. (63 I) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Peter Harris Superintendent of Highways Peconic Lane Peconic, New York 11958 Dear Mr. Harris: Re: August 23, 2005 Rock Cove Estates - Final Inspection SCTM #: 1000 - 33 - 03 - 19 As per your request, I have completed a final inspection of the above referenced project. I have also reviewed the legal descriptions for the roads and drainage areas. Please consider the following: A maintenance bond in the amount of $ 3,000 has been received by the Town of Southold to cover the replacement of fifteen street trees. The contractor has scheduled the replacement of these fifteen trees in the fall. The contractor has informed my office that the curb line is getting sprayed and/or treated for weed growth today. The contractor has also informed my office that catch basins have all been opened and inspected for silt and debris. At this time, all excess material has been removed from the basins. Therefore, at this time, all approved subdivision construction items required by the Planning Board have been completed in a satisfactory manner. Release of the Bond and Acceptance of the road and drainage areas for dedication to the Town is recommended. This recommendation does not supemede the requirements of any other agency. If you have any questions concerning this report, please contact my office. CC: Jerilyn B. Woodhouse, Chairperson - Planmng Board ,r Kieran M. Corcoran, Esq., Assistant Town Attorney L' ELIZABETH NEVILLE TOBrN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (63 l) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-498 Resolution ID: 1063 Meeting: 08/16/05 04:30 PM Department: Town Attorney Category: Road Dedications THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-498 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON August 16, 2005: WHEREAS, East of Eden, LLC has made application to the Toxvn Board of the Town of Southold to dedicate certain roads in Greenport, New York, to be known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and also RECHARGE BASIN, as shown and designated on the subdivision maps entitled Map of Rockcove Estates, filed in the Office of the Clerk of the County of Suffolk on June 11,200 l, as Map No. 10637, together with the release executed by the owner thereof; and WHEREAS, the Southold Toxvn Super/ntendent of Highways has inspected the said highways and recharge basin and has advised the Town Board that said proposed highxvays and land complies in all respects with the specifications for the dedication of highways and drainage in the Town of Southold; now therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is~ given to the Superintendent of Highways to make an order laying out the aforesaid highways~ to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk be, and she hereby is, .authorized and directed to forthwith cause the dedication~ release and deed to be recorded in the Office of the Clerk of the County of Suffolk~ New York. Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan~ t own.southold.ny.us KIERAN M. CORCOHAN ASSISTANT TOWN ATTORNEY kieran.corcoran~,town.sout hold.ny,us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori. monte fusco~ town.sout hold.ny.us To: From: Date: Subject: JOSHUA Y. HOI~TON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile ~631 ~ 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney August 22, 2005 Rockcove Estates Road Dedication RECEIVED AUO 2 3 2005 $outhold Town Clerk I am enclosing the fully executed original Consent for your file in connection with the referenced matter. I will retain a copy in my file. Thank you for your assistance regarding this matter. /Ik Enclosure TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of EAST OF EDEN, LLC, for the Laying Out of Recharge Basin and Highways at Greenport, Town of Southold, Suffolk County, New York, to be known as: SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, and CAIOLA COURT CONSENT We, the undersigned, being a majority of the Town Board of the Town of Southold, County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the 16th day of August, 2005, and having duly considered the application of EAST OF EDEN, LLC dated October 5, 2004, for laying out of new highways at Greenpon, Town of Southold, to be known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE and CAIOLA COURT and RECHARGE BASIN, do hereby consent that such layir~ out be made in accordance xvith said petition. /4o~hua'Y/Plono~, Supervisor ~ ~stice.,Louisa P. Evans, Councilw6man Cotmcilman PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan~,town.sout hold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.raontefusco@~own.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August 3, 2005 VIA FACSIMILE and FIRST CLASS MAIL Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 Re: Rockcove Estates Road Dedication Dear Mr. Cuddy: I am enclosing a copy of Jamie Richter's written final inspection report in connection with the referenced matter. With respect to the 15 trees that need to be replaced, which work will take place this fall, the Town will require the posting of either a maintenance bond or a letter of credit in the sum of $3,000. In addition, regarding item nos. 3 and 4 of Mr. Richter's inspection report, we would appreciate your confirming in writing that this work has been completed. With respect to the last paragraph in Mr. Richter's inspection report, I am enclosing copies of the legal descriptions reflecting the corrections that are necessary. Kindly have these corrections made and send us the revised legal descriptions. For your information, Mr. Harris, the Highway Superintendent, has signed the Order Laying Out Highways. A resolution authorizing the Town Board to accept this dedication will be prepared upon our receipt of the items requested in paragraph one above. Charles R. Cuddy, Esq. August3,2005 Page 2 if you have any questions regarding the enclosed, please do not hesitate to call me. PAF/Ik Enclosures cc: Members of the Town Board (w/o encls.) Ms. Elizabeth Neville, Town Clerk (w/encls.) Mr. Peter Harris, Superintendent of Highways (w/o encls.) Mr. James Richter, Town Engineer (w/o encls.) JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (631) - 765 - 9015 Tel. (631) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Peter Harris Superintendent of Highways Peconic Lane Peconic, New York 11958 Dear Mr. Harris: Re~ June 22, 2005 Rock Cove Estates - Final Inspection SCTM #: 1000 - 33 - 03 - 19 As per your request, I have completed a final inspection of the above referenced project. I have also reviewed the legal descriptions for the reads and drainage areas. Please consider the following: With the exception of fifteen (15) trees, the street trees appear to be healthy and have survived the winter in a satisfactory manner. I have re-inspected the15 street trees with the landscaping contractor and he has agreed that these trees will need to be replaced. Please note, some of these trees appear to have been damaged by building construction that is unrelated to subdivision construction. I am in receipt of a letter from the project contractor and he has guaranteed that they will be replaced in the fall. This item should require a maintenance bond in the amount of $ 200 per tree or three thousand ($ 3,000) dollars. Street Lights have been installed in a satisfactory manner. In addition, atthe request of the Town Electrician, additional splice boxes have been installed at the base of each light pole. The contractor has been providing minimal maintenance in the road shoulder areas. He has been notified that the curb line requires additional maintenance and should be sprayed or treated for weed growth. At your request, I have also notified the Site Contractor that several of the catch basins have once again been silted due to building construction activities in the area. These catch basins should be cleaned prior to acceptance and dedication. With the exception of the items listed herein, all construction items required by the Planning Board as listed in the Bond Estimate have been completed in a satisfactory manner. Release of the Bond and Acceptance of the road and drainage areas for dedication to the Town is recommended. This recommendation does not supercede the requirements of any other agency. The legal descriptions for the roads and drainage areas contained several inaccuracies. I have marked up a copy of the descriptions and indicated the areas that do not seem to be consistent with the approved site plan for your reference. If you have any questions concerning this repod, please contact my office. ~ely, ~/~'~ (2) / Jzt'mes A. Richter, R.A. cE~:c: Jerilyrl B. Woodhouse, Chairperson-Plar~indard - ' - Kieran M. Corcoran, Esq., Assistant Tow Ad,,~orney SCHEDULE "A" DESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Uap of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 611112001 as Uap Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, South 77 degrees 10 minutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 61 seconds West, 161.36 feet to the easterly side of Ca~ola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. + TLE.UMBER: PAC.1994 ~/\ Amended 4/18105 SCHEDULE "A" DESCRIPTION "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 611112001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is Intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; ~ , .~ THENC.E. along an arc of a curve bearing to the I~f~, having a radius of 600.23 feet, a distance along said curve of 128.37 feet; '~ THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curv~having a radius of 60.00 feet, .a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve be~n~o the right, having a radius feet, a distance along said curve d/40,E0 feet; THENCE along an arc of a curve b~o~t~[e"lleft, hav~'nng-~ ~'a~u~150.00 feet, a distance along said curve of 139.54 feet; ~,~ ~,~' THENCE along an arc of a curve bearing to the I~, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; ~ THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 600.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of '1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degree inutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 14 degrees 44 minutes 50 seconds West, 50.01 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENC.E. along an arc of a curve bearing to the r~i having a radius of 650.23 feet, a distance along said curve of 139.06 feet," (page 4) THENCE South 15 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. PATRICIA A. FINNEGAN TOWN ATTORNEY pat ricia, finnegan@ t own.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran~town.southold.ny.us LORI I~II. TLSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall .~nnex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Ms. Elizabeth Neville, Town Clerk AUG 3 2005 From: Date: Patricia A. Finnegan, Esq., Town Attorney August 3, 2005 Southold Town Cler,~ Subject: Rockcove Estates Road Dedication For your records, attached please find the original Order Laying Out Highways, which has been signed by Pete Harris, in connection with the referenced matter. Also enclosed is a copy of my letter to Charles Cuddy, Esq. regarding this matter, which is self-explanatory. Since we are close to finalizing this dedication, I would appreciate your sending me the original conveyance documents so that I can prepare them for Josh's signature and for recording. If you have any questions regarding this matter, please do not hesitate to call me. Thank you for your attention. PAF/Ik Enclosures TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of EAST OF EDEN, LLC, for the Laying Out of Recharge Basin and Highways in Greenport, Town of Southold, Suffolk County, New York, to be known as: SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE and CAIOLA COURT and RECHARGE BASIN". ORDER LAYING OUT HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Tmvn Superintendent of Highways for the Toxvn of Southold, County of Suffolk and State of Ne~v York, for the laying out of Town highways in the said Town of Southold by EAST OF EDEN, LLC, liable to be assessed for highway taxes in the said Toxvn, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed highways are proposed to be laid out, a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, Peter W. Harris, the Town Superintendent of Highways of the Town of Southold, County of Suffolk and State of New York, DO HEREBY DETERMINE AND ORDER that the Town highxvays be, and the same hereby are, laid out at Greenport in the Town of Southold as follows: The highways are known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, as shoxvn on a certain map entitled "Map of Rockcove Estates", situate at Greenport, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of the County of Suflblk on June l l, 2001, as Map No. 10637. Dated the 28th day of July, 2005. '~et'~r ~ams, Town Superintendent of Highways, Town of Southold, County of Suffolk, New York 2 PATRICIA A. FINNEGAN T O~,VN ATTORNEY patricia.finnegan~,t own.sout hold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran~.town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@,town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD February 4,2005 Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box1547 Riverhead, NY 11901 Re: Rockcove Estates Road Dedication Dear Mr. Cuddy: I am enclosing a copy of the Town Engineer's inspection report dated February 3, 2005 in connection with the referenced matter. Please note that before the dedication papers can be recorded, the items in Mr. R!;.nter's report must be completed. Once these items have been completed, please call me so that we can prepare a resolution authorizing the Town Board to consent to this dedication. Thank you for your attention. If you have any questions, please feel free to call me. PAF/Ik Enclosure V/~truly yours,(,~ ~ ffatricia A. Finne ~ Town Attorney g~ cc: Members of the Town Board (w/o encl.) ~ Elizabeth Neville, Town Clerk (w/encl.)~'''~ Peter Harris, Superintendent of Highways (w/o encl.) James Richter, Town Engineer (w/o encl.) JOSHUA Y. HORTON SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. ~5161-765-1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD. NEW '~ORK 1197l Tel.~516)- 705 -1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Patricia Finnegan, Esq. Southold Town Attorney Town Hall, 53095 Main Road Southold, New York 11971 February 3, 2005 Re: Map of Rock Cove Estates Sound Drive, Greenport, NY SCTM #: 1000-33-03-19 Dear Mrs. Finnegan: As you know, your office is currently processing dedication paperwork for the above referenced subdivision. Due to weather related delays and the need to schedule time with the Subdivision Contractor, I have been unable to perform an inspection of the underground drainage piping. This drainage system had filled with large amounts of silt several times during the construction phase of the road & drainage system. Sub-Contractors have informed me that the pipes were cleaned several times but I have not been able to verify this with an actual inspection. I need to have access to catch basins & manholes and I need the assistance from the Contractor to open up the drainage system to do the proper inspections. We have scheduled this inspection several times over the last few months but due to conflicts and weather related issues, this has not yet been done. In addition, I have reviewed the bond estimate related to completed construction items and I still need to verify the satisfactory installation of the following items: 1. Street Trees have been planted. 15% +/- of the approved Street trees planted in the subdivision we?~-8'amaged and/or will not survive the winter. These trees will need to be replaced in the spring. This may also be true for the screen planting around the recharge basin. 2. The placement of Street Signs (10 required) will need to be verified. 3. The placement of Concrete Survey Monuments will need to be verified. At this time, without completing the final inspection due to weather related reasons, these Items listed herein appear to be the remaining construction items that have not yet received final approval. If you have any questions regarding this review, please contact my office. CC: / J~es Peter Harris, Superintendent of HighwayS/ Southold Town Planning Board TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of EAST OF EDEN, LLC, for the Laying Out of APPLICATION Recharge Basin and New Highways in Greenport, Town of Southold, Suffolk County, New York, to be known as: SOUND DRIVE, INLET POND ROAD ROCKCOVE LANE, CAIOLA COURT To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York: The undersigned petitioner, EAST OF EDEN, LLC, a New York limited liability company, having its principal place of business at 230 East 85th Street, New York, New York, as owner of SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, hereby applying to the Town Superintendent of Highways to lay out new highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, liable to be assessed for highway taxes hereby apply to the Superintendent of Highways to lay out new highways and recharge basin area at Greenport, in the Town of Southold, County of Suffolk and State of New York, as follows: 1. The highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, as shown and designated on a certain map entitled "Map of Rockcove Estates", situate at Greenport, in the Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of the County of Suffolk on June 11,2001, as Map No. 10637. 2. Maps of said proposed highways are annexed hereto and made a part of the application, together with a release and application to the Town of Southold by petitioner herein, over whose property said Dated: highways are to run. ic / ,2oo4 STATE OF NEW YORK COUNTY OF /'J' ti/" EAST OF EDEN, LLC / ..-~ ~ 13y~ ..~ ~ Benn~b,6~1ola, Member SS.: On the,~ day of ~L~ , 2004, before me, the undersigned, personally appeared BENNY CAIOLA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same in his capacity and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. SHIRLEY T. PRATT Notary. Public, Stqt¢ of NewYork Registration ~ u 1 PR6033157 Qualitied in Bronx County My Commission Exph-¢s November PAC-1994 DEDICATION SEARCH PECONIC ABSTRACT, INC. HEREBY CERTIFIES TO THE COUNTY OF SUFFOLK AND THE TOWN BOARD OF THE TOWN OF SOUTHOLD THAT IT HAS SEARCHED THE RECORDS OF THE CLERK OF THE COUNTY OF SUFFOLK TO DETERMINE THE OWNER OF RECORD AND THE PERSON (S) WHO MAY DEDICATE ROCKCOVE LANE; INLET POND ROAD; CAIOLA CT; AND SOUND DRIVE a/k/a 1000-33-3-19.26 AND THE RECHARGE BASIN A/K/A 1000-33-3-19.24 ALL WHICH LIE WITHIN THE MAP OF ROCKCOVE ESTATES FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON 6/11/2001 AS MAP NUFI~ER 10637 AND THE FOLLOWING HAS BEEN FOUND OF RECORD. OWNER: EAST OF EDEN, LLC, BY A DEED DATED 6/19/2002, RECORDED 10/23/2002 IN LIBER 12216 PAGE 336 MORTGAGES: NONE OF RECORD OTHER LIENS: NONE OF RECORD TAXES ..... HEREIN THE LIABILITY OF THIS COMPANY IS LIMITED TO $15,000.00 FOR ANY REASON. DATED: 10/5/2004 PECONIC ABSTRACT, INC. By: ..................... JEANNE ANBTETT OFFICE MANAGER TITLE NUMBER: PAC-1994 SCHEDULE "A" DESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, North 77 degrees 10 minutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. TITLE NUMBER: PAC.1994 SCHEDULE "A" DESCRIPTION "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/1112001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the left, having a radius of 500.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes t0 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 48.87 feet, a distance along said curve of 40.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 138.54 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, havihg a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet', (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 500.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 34 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 50.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, '§4.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of t65.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the right, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South t5 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. Report Prepared .for PECONIC ABSTRACT Title No. PAC 1994 The unpaid taxes, water rates, assessments and other matters relating to taxes which are liens at the date of this certificate are set forth below. Our policy does not insure against such items which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of streets on which the premises to be insured abut. TOWN OF SOUTHOLD SOUq[I-IOLD (NOT 1NC) SCHOOL DISTRICT 10 ASSESSED TO: EAST OF EDEN, LLC. If the tax lots above mentioned cover more or less than the premises under exam- ination, this fact will be noted herein. In such cases, the interested parties should take the necessary steps to make the tax map conform to the description to be insured. CLASS 692 2.650 ACRES 1000-033.00-03.00-019.026 1380 SOUND DR ASSESSED VALUE 100 / 100 NON-EXEMPT Disposition: 2003/2004 TOWN AND SCHOOL TAXES ..... TOTAL $82.08 1st HALF $41.04 PAID 1/02/04 DUE: 01/10 2nd HALF $41.04 PAID 5/24/04 DUE: 05/31 NOTE: CTM #1000-33-3-19.26 INCLUDES INLET POND ROAD, ROCK COVE COURT, CAIOLA COURT AND PART OF SOUND DRIVE. PRIOR TOWN AND SCHOOL TAXES PAID. WATER AND SEWER CHARGES, IF ANY, NOT SEARCHED. THEREFORE, PLEASE REQUEST THE SELLER OR BORROWER TO PROVIDE RECEIPTED OR UNPAID BILLS. RUN DATE: 8/12/04 SUBJECT TO CONTINUATION Recent payments of any items returned on this tax search may not yet be reflected on the public records. Therefore please request the seller or borrower to have the receipted bills available at closing. SUNRISE RESEARCH CORP. Report Prepared.for PECONIC ABSTRACT : .Title No. PAC1994 The unpaid taxes, water rates, assessments and other matters rs~ating to taxes which are liens at the date of this certificate are set forth below. Our policy does not insure against such items which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of streets on which the premises to be insured abut. TOWN OF SOUTHOLD SOUTHOLD (NOT INC) SCHOOL DISTRICT 10 ASSESSED TO: EAST OF EDEN, LLC. If the tax lots above mentioned cover more or less than the premises under exam- ination, this fact will be noted herein. In such cases, the interested parties should take the necessary steps to make the tax map conform to the description to be insured. CLASS 821 1.080 ACRES 1000-033.00-03.00-019.024 140 CAIOLA CT - RECHARGE BASIN ASSESSED VALUE 100 / 100 NON-EXEMPT Disposition: 2003/2004 TOWN AND SCHOOL TAXES ..... TOTAL 1st HALF $41.04 PAID 1/02/04 2nd HALF $41.04 PAID 5/24/04 PRIOR TOWN AND SCHOOL TAXES PAID. $82.08 DUE: 01/10 DUE: 05/31 WATER AND SEWER CHARGES, IF ANY, NOT SEARCHED. THEREFORE, PLEASE REQUEST THE SELLER OR BORROWER TO PROVIDE RECEIPTED OR UNPAID BILLS. RUN DATE: 8/12/04 SUBJECT TO CONTINUATION Recent payments of any items returned on this tax search may not yet be reflected on the public records. Therefore p/ease request the se//er or borrower to have the receipted bills available at closing. SUNRISE RESEARCH CORP. Maihng Address: P.O. Box 1547 Riverhead, NY 11901 RECEIVED SoutholA Town Clerl~ CHARLES R. CUDDY ATTORNEY AT LAW 445 GR[FF[NG AVENUE RIVERHEAD, NEW YORK September 28, 2004 TEL: (631} ~-8200 FAX: (631) 369-908) E-maiL: charles.cuddy~ vedzon.net Ms. Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Rockcove Estates-Roads and Recharge Basin Dedication Dear Ms. Neville: Pursuant to your request, we are enclosing one (1) additional copy of the final map of Rockcove Estates, in connection with the above matter. If you required any additional information please contact the undersigned. Very truly yours, Charles R. Cuddy CRC:ik Enclosures PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.sout hold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD September 28, 2004 Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 Re: Rockcove Estates Road Dedication Dear Mr. Cuddy: I have reviewed the dedication papers in connection with the referenced matter. Please note the following: 1. The Application form is missing from your papers. Please be advised that although the Application form is not specifically outlined in Section A108-50 of the Town Code, it is required by the Town and approval will not be issued without it. Therefore, I am enclosing an Application which I ask that you have Mr. Caiola sign before a notary public and return to me. 2. With respect to the Dedication and Release document that you submitted, please note that there are errors which must be corrected. In item no. 1, change the word "designed" to "designated" and change "Rockcove Estates" to "Map of Rockcove Estates". Regarding item no. 2, change the word "entitles" to "entitled" and change "Rockcove Estates" to "Map of Rockcove Estates". Regarding item no. 3, change the word "designed" to "designated" and change "Rockcove Estates" to "Map of Rockcove Estates". Regarding item no. 4, change "Rockcove Estates" to "Map of Rockcove Estates" and add "of Suffolk" after the word "County". Finally, in item no. 5, change "Rockcove Estates" to "Map of Rockcove Estates" and add "of Suffolk" after the word "County". Once these corrections have been made, please resubmit this form along with the Application document. 3. The Dedication Search must be certified to the Town Board of the Town of Southold. Therefore, please ask the title company to add "Town Board" before Town of Southold in the first paragraph. In addition, the taxes that are noted in this search refer to being "herein". There is no tax search contained in the dedication search submitted to the Town Clerk. In addition, please note that we require an original abstract of title and not a photocopy, as was submitted. Kindly have the corrections made and submit an original Dedication Search to me. Charles R. Cuddy, Esq. September 28, 2004 Page 2 4. Please be advised that the notary's stamp on the Deed that you submitted has bled through to the first page of the Deed. According to our contact at Fidelity National Title Insurance Company, the County Clerk will not record a deed that has a "bleed through". Once the Superintendent of Highways and the Town's Engineer h'~ ...c approved the dedication for F~ockcove Estates, the Deed csn be the Deed will have to be retyped anyway, please correct the typographical error on the first page of the deed in the description. The word attached is missing an "a". Once we are in receipt of the Application and Dedication and Release forms, we can conduct the necessary reviews and inspections. If you have any questions, please feel free to call me. Town Attomey PAF/Ik Enclosures cc: Members of the Town Board (w/o encl.) Elizabeth Neville, Town Clerk (w/end.),.,,,,'" Peter Harris, Superintendent of Highways (w/o encl.) James Richter, Town Engineer (w/o encl.) TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of EAST OF EDEN, LLC, for the Laying Out of APPLICATION Recharge Basin and New Highways in Greenport, Town of Southold, Suffolk County, New York, to be i.~i-,.,.'I~ ~-.~:.. SOUND DRIVE, INLET POND ROAD ROCKCOVE LANE, CAIOLA COURT To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York: The undersigned petitioner, EAST OF EDEN, LLC, a New York limited liability company, having its principal place of business at 230 East 85th Street, New York, New York, as owner of SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, hereby applying to the Town Superintenden;. of Highways to lay out new highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, liable to be assessed for highway taxes hereby apply to the Superintendent of Highways to lay out new highways and recharge basin area at Greenport, in the Town of Southold, County of Suffolk and State of New York, as follows: 1. The highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, as shown and designated on a certain map entitled "Map of Rockcove Estates", situate at Greenport, in the Town of Southold, County of Dated: Suffolk and State of New York, filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. Maps of said proposed highways are annexed hereto and made a F,a~l of the aF, p~ication, tog.~thor v,,.i~h a release anJ ~.pplicaticn [c lhe Town of Southold by petitioner herein, over whose property said highways are to run. ,2004 STATE OF NEW YORK COUNTY OF On the day of ) ) SS.; EAST OF EDEN, LLC By:. Benny Caiola, Member ,2004, before me, the undersigned, personally appeared BENNY CAIOLA, personally knowr~ to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed same in his capacity and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public CHARLES R. CUDDY ATT©RNEY AT L kW 445 GRIFFING 3.V E NUE RIVERHEAD, NEW YORK Mailia~Address: Box 1547 Ri~,evhea& NY 11901 September 23, 2004 Ms. Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Rockcove Estates-Roads and Recharge Basin Dedication TEL: (631) 2x50-8330 FAX: 1631) 369-9080 E-mail: c harles.cuddy~,verizon, net RECEIVED SEP 2 4 2004 %uthold 1'own Dear Ms. Neville: We are enclosing a Dedication and Release form in connection with the above matter to supplement papers previously forwarded to you. We apologize for oversight this form with our previous transmittal. It is our understanding that in accordance with Section A108-50 of the Southold Town Code this is the only additional form required. On that basis we ask that you proceed to submit this matter to the Town Attorney and the Town Board. CRC:ik Enclosures Very truly yours, Charles R. Cuddy TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of East of Eden, LLC, for the Laying Out of Recharge Basin and New Highways in Greenport, Town of Southold, Suffolk County, New York, to be known as: SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT DEDICATION AND RELEASE East of Eden, LLC, a New York limited liability company, having its office at 230 East 85* Street, New York, NY 10028, being the owner of certain land in Greenport, Town of Southold, Suffolk County, New York, and included within which land are proposed highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and RECHARGE BASIN more particularly described in Schedule "Al" and Schedule "A2" attached hereto and made a part hereof. NOW THEREFORE, in consideration of ONE ($1.00) Dollar to us in hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and RECHARGE BASIN do hereby release and dedicate to the Town of Southold all of the land heretofore owned by East of Eden, LLC within said proposed highways and recharge basin as follows: 1. The highway known as SOUND DRIVE as shown and designed on a certain map entitled, "Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 2. The highway known as INLET POND ROAD, as shown and designated on a certain map entitles, Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 1 I, 2001, as Map No. 10637. 3. The highway known as ROCKCOVE LANE, as shown and designed on a certain map entitled "Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June II, 2001, as Map No. 10637. 4. The highway known as CAIOLA COURT, as shown and designated on a certain map entitled *Rockcove Estates* and filed in the Office of the Clerk of the County on June 11, 2001, as Map No. 10637. 5. RECHARGE BASIN as shown and designated on a certain map entitled "Rockcove Estates" and filed in the office of the Clerk of the County on June 11, 2001, as Map No. 10637. , And East of Eden, LLC does release the said Town of Southold from all damages by reasons of the laying out of the said highways and recharge basin. East of Eden, LLC j~ ~- Benny~C.~la, Member STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On thed~ day of-~/~/~in the year 2004, before me, the undersigned, personally appeared BENNY CAIOLA, ~personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. SCHEDULE "Al" "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, North 77 degrees 10 minutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes l0 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. SCHEDULE "A2" "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Brive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the left, having a radius of 500.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 48.87 feet, a distance along said curve of 40.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 138.54 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 500.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 34 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 50.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of t47.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the right, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South 15 degrees 14 minutes 40 seconds East, 50,00 feet to the first above mentioned division line and the point or place of BEGINNING. PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY Month Day Year REAL PROPERTY TRANSFER REPORT C1, SWlS Code I I I I I I STATE OF NEW YORK C2. Dote Deed Recorded I / / I STATE BOARD OF REAL PROPERTY SERVICES .c..,...... , PROPERTY INFORMATION I 1. Property I bttddle Road (C.R. 48) I C'~A' O" TOWN Southold Gr~npOrtViLLAGE I 11944Z,.CODE 2. Buyer I Town of Southold FIRST NAME 3. Tax Indicate where future Tax Bills am to be sent Billing if other than buyer address {at bottom of form) I I I 53095 Route 25 I Southold IN sTA~E I t,o~t STREET NUMBER AND STREET NAME 4. Indfeate the number of Assessment Roll parcels transferred on the deed I 5. Deed Property I Size 6 Seller IxL FRONTFEET DEPTH East of Eden, LLC I # of Parcels OR j~J Part of a Parcel JORI 'ACRES' O I (Only if Part of a Panel) Cheek as they apply: 4A. Planning Board with Subdivision Authority Exists [] 4B, Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] FIRST NAME LAST NAME COMPANY FIRST NAME 7. Check the box below which most accurately describes the use of the property at the time of sale: iOne Family Residential 2 or 3 Family Residential Residential Vacant Land Non-Residential Vacant Land SALE INFORMATION I 11. Sale Contract Date Agricultural [ [] Community Service Comraercial J I~J Industrial Apartment KJ..~ Public Service Entertainment/Amusement LL_a Forest I / / Month Day Year 12. Date of ~ / Transfer I 08 / 31 / 04 I Month Day Year Check the boxes below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A, Property Located within an Agricultural District [] 10B. Buyer received a disclosure notice indicating [] that the prop~, fly fs in-an Agricultural District lB. Check one or more of these conditions as applicable to transfer: A Sale Between Relatives or Former Relatives D E Sale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Belowl Sale of Fractional or Less than Fee Interest (Specify Below) 13. Full Sale Price [ I 0 ~ I , I I I I i 0 * 0 I {Full Sale Price is the total amount paid for the property including personal proper~y, [ This payment may be in the form of cash, other property or goods, or the assumption of J mortgages or other obligations.) Please round to the nearest whole dollar amount. 14. Indicate the value of personal I I 0 I I I I I , 0 , 0 I property included in the sale ~ ~ · ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll from which information taken I ~ I 17. Total Assessed Value (of all parcels in transfer) I Greenport 18. Property Class I , , I-I I 19. School District Name Significant Change in Property Between Taxable Status and Sale Dates Sale of Business is Included {n Sale Price Other Unusual Factors Affecting Sale Price (Specify Below) None 20. Tax Map Identifier(s) / Roll Identifier(s) (B more than four, attach sheet with additional identifier(s)) 1000-33-3-I9.26 J I I I 1000-33-3-19.24 J I I CERTIFICATION I [ certify that all of the items of information entered on this form are true and correct (to the b~t of my knowledge and belief) and l understand flint the making of an), willful false statement of material fact herein will subject me to the provisions of the penal law relative to the making and filing of false instruments. BUYER BUYER'S ATTORNEY 53095 I ,, Route 25 Southold I NY I 11971 CITY OR TOWN STATE ZIp CODE BUYER SIGNATURE DATE LAST NAME FIRST NAME AREA CODE TELEPHONE NUMBER Town of Southold econ.ic Bay Region Community Preservation Fund East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Southold 10 Please print or type. -Schedule A Information Relatinq to Conveyance [] Individual [] Corporation [] Partnership [] Other LLC Grantee ~] mdividual [] Corporation [] Partnership [] Other Name (individual; last, first, middle initial) East of Eden, LLC Mailing address 230 East 85th Street City State ZIP code New York NY 10028 Name (individual; last, first, middle initial) Town of Southold Mailing address P.O. Box 1179 City State ZIP code Southold NY 11971 Location and description of properly conveyed Social Security Number I Social Security Number Federal employer idenl, number Social Sacurity Numcer , I Socia Security Number e(Jera empoyer ent. number Oist 1000 1000 Tax map designation Section Block 33 3 33 3 Lot 19.26 19.24 Address Middle Road (C.R. 48) Type of properly conveyed (check eppficable box Date of conveyance [~ Improved [ [] Vacant land 08 131 [ fl/, II Village Greenport Date of contract Dual Towns: Town Southold Condition of conveyance (check all that apply) a. - Conveyance of fee interest b. - Acquisition of a controlling interest (state percentage acquired c. - Transfer of a controlling interest (state percentage transferred d - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest f.- Conveyance which consists of a mere change of identity or form of ownership or %) organization g.- Conveyance for which credit (or tax . %) previously paid will be claimed h.- Conveyance of cooperative apartment(s) i. - Syndication j - Conveyance of air rights or development rights k. - Contract assignment I. - Option assignment or surrender m. - Leasehold assignment or surrender n.- Leasehold grant o.- Conveyance of an easement p.- Conveyance for which exemption is claimed (complete Schedule B. Part 11) q.- Conveyance of property partly within and partly without the state r.- Other (describe) Schedule B - Community Preservation Fund Part 1 - Computation of Tax Due 1. Enter amount of consideration for the conveyance (from line I TP584 Schedule B) . 2. Allowance(see betow) 3. Taxable consideration (subtract line 2 from line 1) ......................... 4. 2% Community Prsservati~n Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK 5. Property not subject to CPF Tax (See ScheduleC) ........... For recording off*car's use Amount received Date received ITransaction number Allowance: East Hampton Shelter Island Southampton $250,000.00 Improved $250,000.00 Improved $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) S c_h_e_d_ule G_(continued) Part 11- Explanation of Exemplion Claimed in Part I. line 1 (check any boxes that apply I The coaveyaoce of real property is exempt from the real cs[ate transfer tax for the following reason a. Conveyance is to the United Ne,ohs, the United States of America. the state of New York or any of their instful~e,~t.~ht~ agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agrea.-,em compact with another state or Canada) b. Conveyance is to secure a debt or other obligation c. Conveyance is wi{bout additional consideration to confirm, correct, modify or supplement a prior conveyance d. Conveyance of real properly is without considera,on and not in connection with a sale, including conveyances com,'adeg realty as bona fide gifts e. Conveyance is given in connection with a tax sale _ _ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to · cooperative housing corporation of real property' comprising the cooperative dwelling or dwellings.) g. Conveyance consists of deed of partition ..... h. Conveyance is given pursuant to the federal bankruptcy act ....... i. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such proper[,,, or the granting of an option to purchase real property without the use or occupancy of such property j. Conveyance or real property which is subject to restrictions which prohibit the uae of the entire property for any purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee (2) (j) or (k) of Article 31-D of the Tax Law. (See required Town approval, below). k. Conveyance of real property for open space, parks, or historic preservation purposes to any not-for-pro~t tax exemp[ corporation operated for conservation, environmental, or historic preservation purposes. I. Other list explanations in space below (Grandfather/Contract) -. . re. The conveyance is approved for an exemption from the Community Preservation Transfer Tax. under Section t449-ee of Adicle 31-D of the Tax law. (See j in Schedule C) Town Attorney or other designated official ~X Penalties and Interest Penalties Any grantor or grantee failing to file a return or to pay any tax within the time required shall be subject to a penalty of 10% of the amount of tax due plus an interest penalty of 2% of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Interest Daily compounded interest will be charged on the amount the tax due not paid within the time required *****By signing the following, the buyer and seller further represent and attest to the fact that for property lying within Southold Town, a validly executed contract was in effect prior to March 1, 1999 and that for all other towns subject at the CPF tax, a validly executed contract was in effect prior to April 1, 1999. Seller Buyer Signature (both the grantor(s) and grantee(s) must sign). The undersigned cedify that the above return, including any certification, schedule or attachment, is to the best of hisCher true and complete. East of Eden, LL~ Town of Southold Bv: ~ _~ ~ By: ~rant~nny Caio l~M~mbe r Grantee Grantor Grantee ~.-584 (7/03) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Effective September 1, 2003, use this 7/03 version of Form TP-584; previous versions may no longer be used. Recording office time stamp See instructions (TP-584-1) before completing this form. Please pdnt or type. Schedule A -- Information relating to conveyance Grantor/Transferor [] individual [] Corporation [] Partnership [] Estate/Trust ~ Other LLC Grantee/Transferee [] Individual [] Corporation [] Partnership [] Estate/Trust [] Other East of Eden~ LLC Mailing address 230 East 85th Street City State [Z(~)~o~e New York NY Name (/f ~nd~idual: lest. first, middle k~at) Mailing address ~.0. ~OX [[79 City State ZIP code Southold NY 11971 Location and description of property conveyed Social security number Social secedty number I I Federal employer ident, number Social secudty number I I Social security number I I Federal employer ident, number Tax map designation Address Ci~/village Town County Section Block Lot 33 3 [9.26 33 3 19.24 Middle Road (C.R. 48) ;reenport Southold Suffolk Type of property conveyed (check applicable box) I [] one- to three-famiJy house 5 [] CommemiaVIndustrial Date of conveyance 2 [] Residential cooperative 6 [] Apartment building 3 [] Residential condominium 7 [] Office buildiqg J 08 J 3 ! J 04 4 [] Vacant land 8 [] Other Roads & month day ~ar Recharge Basin Condition of conveyance (check all that apply) a. - Conveyance of fee interest b. - Acquisition of a controlling interest (s~,te pementage acquired %) c. - Transfer of a controlling interest (state percentage transferred %) d. - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in lieu et foreclosure or enforcement of security interest (attach Form TP-584. I, Schedule E) f. - Conveyance which consists of a mere change of identify or form of ownership or organization (attach Form TP-584.1, Schedule F) g. - Conveyance for which credit for tax previously paid witl be claimed (attach Form TP-584.1, Schedule G) h. - Conveyance of cooperative apartment(s) i. - Syndication j. - Conveyance of air rights or development rights k. - Contract assignment For recording officer's use Amounl received Schedule B. Part I $ Schedule B.. Part II $ Date received Percentage of real property conveyed which is residential rea[ property. % (see instructions) I. - Option assignment or surrender m. - Leasehold assignment or surrender n. - Leasehold grant o. - Conveyance of an easement p. - Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part III) q. - Conveyance of property partly within and partly outside the state r. - Other (describe) P~ge 2 of 4 TP-$84 (7/03) Schedule B -- Real estate transfer tax return (Article 31 of the Tax Law) Part [ - Computation of tax due I Enter amount of consideration for the conveyance (if you are claiming a total exempti~ from lax, check the exemption claimed box, enter consideration and proceed to Part III) ............................ [] Exemption claimed 2 Continuing lien deduction (see instruc#ons if property is taken subject to mortgage or lien) ...................................... 3 Taxab;e consideration (subtract line 2 from line 1) ................................................................................................ 4 Tax: $2 for each $500, or tractional part thereof, of consideration on line 3 ...................................................... 5 Amount of credit craimed (sea instructions andattach Form TP-5~4. 1, Schedule G) ................................................ 6 Total tax due* (subtract line 5 from line 4) ............................................................................................................. 1. 0 2. 0 3. 0 4. 0 5. 0 6. 0 Part I! - Computation of additional tax due on the conveyance of residential real property for $1 million or mom I Enter amount of consideration for conveyance (from Part [, line 1) ..................................................................... 1. 0 2 Taxab[ec~ns~dera~i~n(muit~p~ine~bythepercentage~fthepremI$eswh~chisresident~a~rea~pr~peay~assn~wninSchedu~A) ..... ~i D 3 Total additional transfer tax due" (mult~lyline2by 1% (.01)) .............................................................................. 0 Part IU - Explanation of exemption claimed on Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the mai estate transfer tax for the following mason: a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pumuant to agreement or compact with another state or Canada) ............................................................................................................................................. a b. Conveyance is to secure a debt or other obligation ........................................................................................................................... b c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................. c d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying malty as bona fide gifts ...................................................................................................................................................................... d e. Conveyance is given in connection with a tax sale ............................................................................................................................ e f. Conveyance is a mere change of identity or form of ownership or organization where them is no change in beneficial ownemhip. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of rea[ property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F ................................................................... t g. Conveyance consists of deed of partition .......................................................................................................................................... g h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................ h i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real property, without the use or occupancy of such property ............................................... i [] j. Conveyance of an option or contract to pumhase real prepedy with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantors pemonal residence and consists ota one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an indiwdual residential cooperative apartment ....................................................................................................................................................................... j k. Conveyance is not a conveyance within the meaning of section 1401 (e) of Article 31 ot the Tax Law (attach d~cuments supporting such cia/m) .......................................................................................................................................................................... k "Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NY$ Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TP-$84 (7/03) Schedule C -- Credit Line Mortgage Certificate (Article 11 of the Tax Law) Complete the following only If the Interest being transferred is a fee simple interest. I (we) certify that: (check tile appropriate box) 1. [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: [] The transfer of ~'eal property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the odginal obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a coud. ]The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real properly being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation). The real properly being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to'take place in New York City, make check payable to ~he NYC Department of Finance.) Signature (both the grantor(s) and grentee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or attachment, is to the best of his/her knowledge, tree~j~cl complete. East of Eden, LLC ~ fJ Town of Southold Bv:J~;7~ ..... ~, ~Z/~'~--~//~"' Member By: B e n ~. ,..,,~{1~o(s~_~j.a~ u r ~,,'~ Title Grantee s,gnalure Tille Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Fo[m TP-584.17 Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Relurn Processing, PO Box 5045, Albany NY 12205-5045. · ' P~ge 4 of 4 TP-S84 (7/03) Schedule D - Certification of exemption from the payment of estimated personal income tax (Article 22, Tax Law section 663) Complete the following only If a fee simple Interest is being transferred by an individual or estate or trust. Part ! - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must sign the certification below. If one or more transferors/sellers of the property is a resident of New York State, each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)/seiler(s) as signed below was a resident ot New York State, and therefore is not required to pay estimated personal income tax under Tax Law section 663(a) upon the sale or transfer of this property. S gna ure Print full name Cate Note: A resident of New York State may still be required to pay estimated tax under section 685(c), but not as a condition of recording a deed. Part ][] - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/sailer i.n Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated tax because one of the exemptions below applies under section 663(d) of the Tax Law, check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that transferor(s)/se[ler(s) is not required to pay estimated personal income tax to New York State under section 663 of the Tax Law. Each nonresident transferor/seller who qualities under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate ail nonresident transferom/sel[ers. If none of these exemption statements apply, you must use Form IT-2663, Application for Certification for Recording of Deed and Nonresident Estimated Income Tax Payment Voucher. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)/selier(s) (grantor) of this property was a nonresident of New York State, but is not required to pay estimated tax under Tax Law section 6(53 due to one of the following exemptions: [] The property being sold or transferred was used exclusively as the transferor's/seller's principal residence (within the meaning of section 121 of the Internal Revenue Code) from Date tO Date (see instructions). [~The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. [] The transferor or transferee is an agency or authority of the United Stales of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. PAC-1994 DEDICATION SEARCH PECONIC ABSTRACT, INC. HEREBY CERTIFIES TO THE COUNTY OF SUFFOLK AND THE TOWN OF SOUTHOLD THAT IS HAS SEARCHED THE RECORDS OF THE CLERK OF THE COUNTY OF SUFFOLK TO DETERMINE THE OWNER OF RECORD AND THE PERSON (S) WHO MAY DEDICATE ROCKCOVE LANE; INLET POND ROAD; CAIOLA CT; AND SOUND DRIVE a/k/a 1000-33-3-19.26 AND THE RECHARGE BASIN A/K/A 1000-33-3-19.24 ALL WHICH LIE WITHIN THE MAP OF ROCKCOVE ESTATES FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON 6/11/2001 AS MAP ~ER 10637 AND THE FOLLOWING HAS BEEN FOUND OF RECORD. OWNER: HAST OF EDEN, LLC, BY A DEED DATED 6/19/2002, RECORDED 10/23/2002 IN LIBER 12216 PAGE 336 MORTGAGES: NONE OF RECORD OTHER LIENS: NONE OF RECORD TAXES ..... HEREIN THE LIABILITY OF THIS COMPANY IS LIMITED TO $15,000.00 FOR ANY REASON. DATED: 8/23/2004 PECONIC ABSTRACT, INC. By: ..................... JEANNE ANBTETT OFFICE MANAGER TITLE NUMBER: PAC-1994 SCHEDULE "A" DESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 611112001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, North 77 degrees 10 minutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; .. THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. TITLE NUMBER: PAC-1994 SCHEDULE"A"DESCRIPTION "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 611112001 as Map Number 10637, said roads being bounded and described as follows:. BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the left, having a radius of 500.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees O0 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 48.87 feet, a distance along said curve of 40.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 138.54 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 500.00 feet, a distance along said curve of 162.49 feet; THENCE a~ong an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 34 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 50.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, §4.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the right, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South 15 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A, Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 500 Sub Total Sub Total GRAND TOTAL Mortgage Punt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County.__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause oa page # of this instrument. Stamp Date Initials Real Property Tax Service Agency Verification Dist. 1000 I000 Section B lock 33 3 33 3 Lot 19.24 19.26 Satishctions/Discharges/Releases ListPrc~ertyOwnersMailing Address RECORD& RETURN TO: Charles R. Cuddy, Esq. P.O. Box 1547 445 Griffing Avenue Riverhead, NY 11901 Cormnunity Preservation Fund Consideration Amount $ CPF Tax Due $ hnproved Vacant Land TD TD TD Is I Title Company hfformation Co. Name I Title # Suffolk County Recording & Endorsement Page Tiffs page fern,s part of the attached DEED (SPECIFY TYPE OF INSTRUNff~X!T ) East of Eden, LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the To~mslfip of Southold Town of Southold Inthe VILLAGE or HAIVlLET of Greenpor t BOXES 5 THRU 9 iX.gIST BE T'iTED OR PRINTED IN BLACK INK ONLY PRiOR TO RECORDING OR Fll .lNG IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE. please be aware of the following: If a portion of your monthly mortgage payment included yom' property taxes, *you will now need to contact your loqal-l]'o~n Tax Receiver so that you max'_ be billed directly for all future property tax statements. Local property taxes are payable twice a }'ear: on or before January 10'" and on or before May 31~', Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lin~[~urst, N.Y. 11757 (631) 957~'30~4 Riverhead Town Receiver of Taxes 200 Howell Avenue ? ~iverhead, N.Y. 11901 (631 ) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Tox~m Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown To~n Receiver of Taxes 99 West Main Street Smithtown. N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Toxxm Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 2./99 Sincerely, Edward P. Romaine Suffolk County Clerk NY 005 ~ Bargain and Sale Deed with Covenant againgt Grantor's Acts Individual or Corpordtion (Single Sheeu (NYBTU 8002} CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 3 Is t BETWEEN day of August , in the year 2004 East of Eden, LLC, a New York limited liability company, having its principal place of business at 230 East 85th Street, New York, New York 10028 party of the first part, and Town of Southold, a municipal agency, having its principal place of business at 53095 Route 25, Southold, New York 11971 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 seoend 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 in the Greenport, Town of Southold, County of Suffolk, State of New York, known and designated as the roads and recharge basin shown on "Map of Rockcove Estates", filed in the office of the Clerk of the County of Suffolk on June 11, 2001, as Map No.10637; more particularly described in SCHEDULE "Al" and SCHEDULE "A2" attched hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the party of the first part of'. in aud to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurteuances aud all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the prenfises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the sccoud part forever. AND the party of the first part covenants that the party of the first part has not doue or suffut~d anything whereby the said premises have beet: incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lieu Law, cuvcnauts that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trast 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, thc party of the first part has duly executed this dccd the day and 5'car first above written. [N pRESENCE OF: "~--~ ~ t::~~'-East°fEden'LLC By: B.~j~C ai~m b e ~: bOe~2ree m~e .:~y uOnfd eA~ ~g~t' , ~J in thc year 2004 · 'g . personaib appeared Benny Caiola,~. evidence to he the individual(s) whose name(s) is (are) subscrihed to thc within instrument and acknowledged to me that he/she/they exccntcd thc sam~ in hi:-4her/their capacity(icsL and that by his/her/their be-half of which the inaivia. fl.)) /y p ' a the instrument. State of New York, County of } ss.: the subscribing wire,ss to the foregoing instrument, with whom l am personaily acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place of residence ix in a city, include the, street and street numl~e r, tfarD; thereoJ); that he/she/they know(s) to be the individual demribed in and who executed thc foregoing instrument; that said subscribing wire.ss was present and sag, said execute the same; mid that said witness at the same time subscribed his/hefftheir name(s) a~ a witness thereto. State nf New York. Count)' of } ~s.: evidance to tx! the individualts) whose name(s) is (am) subscribed to thc within insU'umcnt mid acknowledged to mc that he/she/they executed the same itl his/hcffthek capacityt, ies), and thztt by his/her/their signature,s) on thc instrument, the individual~sj, or the person upon behalf of which the individual(s) acted, executed thc inswament. evidence to be the individuaRs) whose name(s) is tare) sub~ribed to thc within in.~tmn~ent and aclmowledged to mc that be/she/they executed the same in his/hefftheir calmcity(ics). that by his/her/their signamrel s} made such appearance before the nndersigncd in tbe ~[ITLE NO BARGAIN & SALE DEED East of Eden, LLC Town of Southold FIDELITY NATIONAL TITLE OINSURANCE COMPANY Fidelity National Title Insurance CompmD Charles R. Cuddy, Esq. P.O. Box 1547 445 Griffing Avenue Riverhead, NY 11901 SCHEDULE "Al" "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6111/2001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, North 77 degrees 10 minutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. SCHEDULE "A2" "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the left, having a radius of 500.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.80 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 48.87 feet, a distance along said curve of 40.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 138.54 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64,02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 500.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 34 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 50.00 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the right, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South 15 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of thc Application of EAST OF EDEN, LLC, for the Laying Out of Recharge Basin and Highxvays in Greenport, Town of Southold, Suffolk County, New York, to be known as: SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE and CAIOLA COURT and RECHARGE BASIN". ORDER LAYING OUT HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Town Superintendent of Highways for the Town of Southold, County of Suffolk and State of New York, for the laying out of Town highways in the said Town of Southold by EAST OF EDEN, LLC, liable to be assessed for highway taxes in the said Town, and a dedication and release fi.om damage having been executed, acknowledged and delivered by the owners of the land through which the proposed highways are proposed to be laid out, a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, Peter W. Harris, the Town Superintendent of Highways of the Town of Southold, Cotmty of Suffolk and State of New York, DO HEREBY DETERMINE AND ORDER that the Town highways be, and the same hereby are, laid out at Greenport in the Town of Southold as follows: The highways are known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and RECHARGE BASIN, as shown on a certain map entitled "Map of Rockcove Estates", situate at Greenport, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. Dated the day of ,2004. Peter W. Harris, Town Superintendent of Highways, Town of Southold, County of Suffolk, New York 2 / / / Lo~ t3 / / / / / r I I SUFFOLK COUNTY DEPARIlIENT OF HEAL'ITt HAUPF'AU{~,. N.Y. L°f,lJ~ iI / I I I .I I I I ' '~ '~' -'~ / Lot 13;/ I I / Lot 138 / I,, ,"". / / I Al,pROVED IN ACCORDAN~ WITH B~ARD OF I RC'VIL"W DETI~qMINATiON DATED/e/.~I~ j I / / / Lot 13~ I / Lo~- 1¢0 / / / / / / / ! I I I I1~,~o~ I Lot 7~l i "E°~er~ .~O,.es' & Lot ;,;~ / / H LOCAIION MAP / / / ! / / I'ot ,~ / / I ~ot $ i / I I ~o~ 2 I / / / I I i /.o~ ! / / I I I I I I I I I I I Lot I I I I I / I ~o~ 1,1~ I I Lot 148 Ymmw · Yoking, L~d $~m-~egor~ (TOMI O~ SOU'~OU) Pt..'~m~ BOAeO) SITE DATA RNAL PLAT ROCKCOVE ESTATES At: GREENPORT Town of' SOUTHOLD Suffolk County, New Yo~ SUFFOLK COUNTY DEPARTMENT Of HEAL'rH SERVICES HAUPPAUGE, N.Y. DATE THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUODIVIS[ON OR DEVELOPMENT FOR IN THE WITH A TOTAL OF LOTS WAS APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANBARBS iN EFFECT AT THE TiME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS, THiS APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. _V/TO A. MIND, P. DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY Lo~ 136 Lot 135 Lot 78 / / / Lot 1,~ / / / / / / / / ~r.. ® @ I I I I ! I I Lot 1~? I I Lot I I I Lot 139 COVENANTS & RESTRICTIONS (FILED IN LIBER 11811. PAGE 219) ON OCTOBER 2, 1996, THE SUFFOLK COUNTY DEPARPviENT OF HEALTH SERVICES BOARD OF REVIEW GRANTED APPROVAL TO THE REQUEST FOR THE VARIANCE TO USE TEMPORARY ON-SITE WELLS. SUBJECT TO THE FOLLOWING CONDITIONS: ,~ ALL LOTS WILL BE REQUIRED TO HAVE INDIVIDUAL TEST WELLS PRIOR TO APPROVAL TO CONSTRUCT. ANY LOT WHICH DOES NOT MEET THE WATER QUALITY STANDARDS SHALL NOT BE BUILT UPON UNTIL PUBLIC WATER IS AVAILABLE. ri. THE OWNER SHALL CONNECT TO PUBLIC WATER WHEN PUBLIC WATER BECOMES AVAILABLE. TEST HOLE 1 I'~.. ~HERE SHALL BE NO TRANSFER OF ANY OF THE ov LOTS PRIOR TO THE INSTALLATION OF WATER DRY MAINS AND WITHOUT AN ACCEPTABLE TEST WELL. =r~' Lot 74 / / / / / / / 29 1(~ I I I I I / Lot 140 / TEST HOLE 2 Lot 13 / / Lot Sib 12 I di%/bn -, ,, /I Lot 11 / I ~°'~terO Shore,,,// / / / / Lo[ 10 Surf°/k 0oo4~' / / / s/, ca? _ CAi( //ISubdiv~iOn Lot 141 BO' 17O¸ "EaStern Shore& Lot 142 TEST HOLE .3 TEST HOLE 4 Lot 9 ' / / Pile tVo. / Lot 8 / / / / / / I Lo~ 2 I SeCt/on "mire,, / Lo~ ~43 Lo(- LOCA~ON MAP / / / Lot $ / I I Lot / I I I I I / / / Lot .3 ~ / / ~ / t ~Suff°tk ecu . / // nLv Pile 'No / Lot 144 / * 5234 / / / Lot 145 / Lo~ 146 I I I I I 1 / / / / Lot l I I so/Lo/ivo Lot 147 ,g Thee 6 nit Noul erdebe~ & 1200 Young & Young, Land 400 Ostr~der Ave~e, Riverhe~d, 631-727-2303 Surveyors Ne~ York 11601 Alden W. Young, P.E & L.S. (1908-19,94) "I HEREBY CERTIF"~' THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE BUILBING ZONE OROANOE OF THE TOWN OF SOUTHOLD, EXECPT AS MODIFIED PURSUANT TO SECTION 270 OF THE TOWN LAW AND ARTICLE XVIII OF THE CODE OF THE TOWN OF SOUTHOLB. PRINCIPAL BUILBINO SETBACK FOR ~LL LOTS IN THIS DEVELOPMENT SHALL CONFORM TO FOLLOWING: LOT WIBTH- AS SHOWN. FRONT YARD - 40' SIDE YARD - 15' MIN. TOTAL SIDE YARD - DS' REAR YARD - 50' LOT COY. - HOWARD W. YOUNG, N.Y.C.L.S. NO. 45893n "I HEREBY CERTiFY THAT THIS MAP WAS MADE BY ACTdAL SURVEYS COMPLETED FEBUARY 27, 1996 AND THAT ALL CONCREII~ MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLy SHOWN AND ALL DIMENStONAL AND CEOBE~C DETAILS ARE CORRECT." HOWARD W, YOUNO~N.Y.S, U.S. NO. 45893n THIS tS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD. DATE OF APPROVAL CHAIRMAN (TOWN Of SOUTHOLD PLANNING BOARb) THE APPROVAL OFT HIS MAP DOES NOT CONSTITUTE THE ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN UBER CP.__ THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIRE- MENTS OF THE SUFFOLK COUNTY DEPAR~ENT OF HEALTH AT THE ~]ME OF CONSTRUCTION. THOMAS C. WOLPERT, P-E. N.Y.S. UC. NO. 61483 ,TYPICAL PLOT PLAN OWNER: BE~NA EQUITIES COMPANY 250 EAST 85 TH STREET NEW YORK, N,Y, 1002B-~099 SITE DATA: 1. TOTAL AREA = 27.6921 ACRES 2. TOTAL NO. OF LOTS = 2~ 5. ZONINO USE BISTRICT: "R-40" RESIDENCE LOW DENSITY AA SUBDIVISION PLAN FINAL PLAT ROCKCOVE ESTATES At: GREENPORT Town of: SOUTHOLD Suffolk County, New York Suff, Co. Tax Mop: , lOOO~ 33 ~ 3 ~ 19 ,0C% 10, 2000 :JUL. 11, 2000 :MAY ~0, 1999 :AUG. 27, 1998 :MAR. 25, 1997 :FEB 21, 1997 DATE :FEB. 27. 1996 SCALE :1":100' JOB NO, :95-0826 SHEET NO,:1 OF "RC_FINAL.DWO" 504-04 J, Lot ~,~ >~. , TFST HOLE 6AM ~ jCLAY ~.0' . , ~OARSE / Lo! / / / Lot' Lo~,, 77 ,./ Lot I, ROAD SECTION Lot g / Lot , ' Lot 7~,~ Lot Lot L°t $ / Lot $ / / LOCATION MAP I I I L°t 3 / / 1200 100 SUBDIVISION PLAN 100 ~ "I HEREBY OER'rlFY THAT :ALL THE BUILDING ZONE ORD[NANC sROw~, d ' MODIFIED PURSUANT TO SECTION ARTICLE NV]II OF THE CODE OF IRE TOWN' O~ SOUTHOLD." ': , THE DIMENSIONAL REQUIREMENTS ~'OR ALL ,kOT~ A CO['JFO TO FOLLOWING: LOT W1Dl~ - AS SHOWN FRONT ~ARD ;SIDE YAR~ - 15' MIN. TOTAL SIDE YARD -.35' REAR YARD - 50~ LOT C0% - 20~ HOWARD ~ YOUNG LEGEND: EXISTING CONTOURS ....................... -'---26 ~ LINE OF EXISTING WOODS ......... ,,,..,,~ STORMWATER TRIBUTARY BOUNDARY~I~a~ PROPOSED WATER MAIN ................ ; '-,,-w .... ' EXISTING WATER MAIN ............... PROPOSED CATCH BASIN ........ ....... [] PROPOSED MANHOLE .................... .. (~) MONUMENT FOUN · , r SITE DATA: 1. TOTAL AREA = 27.6921 ACRES 2. TOTAL NO.. OF LOTS = 23 . 3, ZONING USE DISTRICT: ~R-40" RESIDENCE LOW DENSITY AA 4-. TOTAL LENGTH OF ROAD = 2104- FT. NOTE: 1, ELEVATIONS SHOWN HEREON ARE FROM AC~JAL AND ARE REFERENCED TO N.G.V.D. (MS[ 1929). 2. ALL STORM SEWER PIpe TO,BE ~MOOTH BORE POLYETHyLENE PIPE (P.E.P.); A,D.S. TYPE'N-12 OR EQUAL W/METALLIC TRACER ~TSIP. ' OWNER: SAL CAIDEA & BENNY {~AIO[A, JR BET3]NA EQU~TIEB COMPANY ' FINAL ROAd &: DRAINAGE :'," VE ESTATES ROCKCO At. GR,EENRORT, Town of: $OUTHOLD,. Suffolk County, New Yo~k . Surf. Co. Tax Map: ~ 1000 "RC~FRD,DWQ" ,50404 : ;JAN. DATE "SHEEYNO.:i OE~2 '"' PVI STA -- 1+00 PVI ELE¥ = 41.00 ,HP STA, = 0+75.17 .HP, ELEV = 40.70 A.D. = -3.241 K -- 30.86 0.815~ 100' VC DATU~ 10. O0 0+00 1+00 t 0+64.59 35.95 31.45 35.95 31.95 DA TUM O. O0 0+00 1+00 C 2+00 PVI STA 3+22.18 PVI ELEV = 35.6"[ LP STA -- 2+96.51 LP ELEV = 37.136 A.D. = 6.53 K = 30.65 200' VC = 2+96.51 :. = 37.22 = 55.22 3+00 3+22.18 = 4+68.41 41.6 PVI STA : 5+00 PVI ELEV : 42.90 A.D. : -3.30 K = 30.30 100' VC 4+00 5+00 PVI STA -- 7+00 PVI ELEV -- 44.50 A.D. : 2.60 K = 28.85 0.800% = 6+50 = 6+50 44.10 40..0 6+00 7+00 5,400% 7+85.78 8+00 9+00 P~ STA: 2+00 P~ ELEV = 33.00 A.D. = 1.56 K = 32.04 ~-50' VC~[ -o.6oo _PROFILE SOUND SCALE HORIZ: 1" = 50' VERT: 1" = 10' P~ STA = 5+00 P~ ELEV = 31,20 A.D. -2.50 K = 30.00 --75' VC -- DRIVE 0 w PVI STA -- 7+00 PVI ELEV: 25.00 LP STA 7+11.71 LP ELEV -- 25.79 A.D. = 5.22 K = 23.94 125' VC - PVI STA = 8+41.40 PVl ELEV = 28.00 HR STA = 8+48.01 HP ELEV = 27.41 A.D. = -3.84 K = 32.58 125' VC 32.7 25,70 = 4+66,24 F.C. = 31.40 25.95 27.19 6+10,29 = 27.9 24.11 : 7+11.71 25,87 21.67 2+OO 3+00 4+00 4+36.57 5+00 6+00 7+00 7+08.19 8+00 8+41.40 (jPROFILE INLET POND ROAD SCALE HORIZ: 1" = 50' VERT: 1" = 10' w 9+b5,28 -1,716% 9+00 -- 0.600% ~ c :B ~ ~ ~TA. = 0+28.21 C r.c. = 31.43 2 ,E. = 27.45 C U. )TA. = 0~28.21 ~ r.C. = 51.79 .E. = 27.79 C ~00 0+00 1+00 2+00 3+00 3+44.59 I 'ROFILE ROCKC'OVE LANE SCALE HORIZ: 1" = 50' VERT: 1" = 10' -0.600% 10+00 10+10.44 DAIYY~ ELEV O. O0 0+00 1+00 2+78 = 24.5 2+00 2+32.71 ROFILE CAIOLA COURT SCALE HORIZ: 1" = 50' VERT: 1" = 10' Young Sc Young; Land Surveyor~', 400 o~,-,,~,,~,- FINAL RoAD .& DRAINAGE ESTATES ROCKCOVE At: GREENPOR~' TO~wn of:, SOUTHOLD Suffolk County,, New ,york Surf. Co. Tax Map~, JdB' NO. SH, EE*[ Nip, :,,2 ELIZABETH A. NEVILLE TOWN CLEP, K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Superintendent of Highways Peter W. Harris Town Engineer James Richter Town Attorney Patficia Finnegan._.-~. From: Town Clerk Elizabeth Neville'"'-~f~) Re: Proposed Highway Dedication of Summit Estates Subdivision, Sec. 1, 2, & 3 Date: November 9, 2004 Transmitted are all documents and maps relative to this proposed highway dedication. Please review them for accuracy and send me your written recommendations. Thank you. E-MAIL: pacatbrOoptonline.net FAX. NO. (631) 765-5902 CAMILLE LUCARINI LEG~. ASSISTANT 53345 MAIN ROAD (FEATHER HILL) P.O. BOX 846 SOUTHOLD, N.Y. 11971-0846 (631) 765-5900 LISA M. PENNY November 8, 2004 RECEIVED PAC/cgl Town of Southold 55025 Main Road Southold, NY 11971 ATTENTION: ELIZABETH NEVILLE, TOWN CLERK RE: SUMMIT ESTATES SUBDIVISION - Sections 1, 2 and 3 SCTM #'s 35-8-5.17, 5.18, 38-7-10.10, 38-7-10.23 Dear Ms. Neville: Please be advised that we represent Gusmar Realty Corporation. On behalf of Gusmar Realty Corporation, we are herewith submitting a formal application for final dedication of the roads to the Town of Southold. We are simultaneously herewith we requesting the Planning Board to have the two performance bonds released on the above-referenced subdivision. Please advise this office if you require any additional information. Thank you. Ve truly yours, ~ PAUL A. CAMINITI (/~/~) 10 11104 Southol~l Town Ciera TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: MARINA LANE AND SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA APPLICATION To the Town Superintendent of Highways of the Town of Southold in the County of Suffolk and State of New York; The undersigned petitioner, GUSMAR REALTY CORPORATION, as owners of MARINA LANE AND SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA, a New York Corporation having its principle place of business at 13-15 37th Avenue, Long Island City, NY 11101, liable to be assessed for highway taxes in the Town of Southold, hereby to apply to the Town Superintendent of Highways to lay out new highways at East Marion, in the Town of Southold, County of Suffolk and State of New York as follows: 1. The highways known as MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA as shown and designated, on a certain map entitled "Map Of Summit Estates, Section One," situate at East Marion, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on November 22, 1993 as Map No. 9426, "Map of Summit Estates, Section One." Map of said proposed highway has been made by Young & Young, Professional Engineers and Land Surveyors, and are annexed hereto and made a part of the application together with a release and application to the Town of Southold by the petitioner herein, over whose property said highway is to run. GUSMAR REALTY CORPORATION. Pantelis Fakirls, Pres ent STATE OF NEW YORK ) ~Oe'L::~5 ) ss.: COUNTY OF SUir?OLK ) On the ~' day of O~tol:~r in the year 2004 before me, the undersigned, personally appeared Pantelis Fakiris , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION for for the Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) and "DRAINAGE AREA". DEDICATION and RELEASE We, GUSMAR REALTY CORPORATION, being the owners of certain land in East Marion, Town of Southold, Suffolk County, New York, and included within which land is proposed highways known as MARINA LANE and SUM/VIIT LANE (f/k/a Chios Lane) and DRAINAGE AREA described in the above matter dated October 20, 2004; NOW THEREFORE, in consideration of One ($l.00) Dollar to us in hand paid by Peter Harris, Superintendent of Highways of Said Town of Southold, and in further consideration of laying out the new highways known as MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA do hereby release and de, d/cate to Town of Southold all the land heretofore owned by us within said proposed highways as follows: I. The highwaysknown as MARINA LANE and SUIVlMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA as shown and designated, on a certain map entitled "Map Of Summit Estates, Section One," situate at East Marion, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on November 22, 1993 as Map No. 9426, "Map of Summit Estates, Section One." And we do release the said Town of Southold from all damages by reason of the layout out of the said highway. GUSMAR REALTY CORPORATION. By: P~ntelis Fakiris, P~e;idlent STATE OF NEW YORK ) OVc x 5 ) ss.: COUNTY OF SLTF©LK ) On the ~ day of October in the year 2004 before me, the undersigned, personally appeared PANTELIS FAKIRIS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the insmnnent. Term Expires September 30.20 Notary Public TOWN OF SOUTHOLD: STATE OF NEW YORK .................................................................. X In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: MARINA LANE AND SUMMIT LANE (f/l~a Chios Lane) AND DRAINAGE AREA CONSENT WE, the undersigned, being a majority of the Town Board of the Town of Southold in the County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the day of ,2004 and having duly considered the application of GUSMAR REALTY CORPORATION dated the day of ,2004, for the laying out of new highways at Southold, Town of Southold, to be known as MARINA LANE AND SUMMIT LANE (f/Fda Chios Lane) AND DRAINAGE AREA do hereby consent that such laying out be made in accordance with said petitioner. Supervisor Josh Horton Town Clerk Elizabeth Neville Superintendent of Highways Peter Harris Town Justice Town Councilman Town Councilman Town Councilman Town Councilman TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) THE TOWN BOARD AND DRAINAGE AREA ORDER LAYING OUT THE HIGI-I~VAYS WITH THE CONSENT OF WRITTEN application having been duly made to me, the Town Superintendent of Highways for Southold, Suffolk County, New York, for the laying out of Town Highways in the said Town of Southold by GUSMAR REALTY CORPORATION, liable to be assessed for highway taxes in said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed to be laid out, and a copy of which is annexed hereto, and nothing · having been paid to any claim for such damages; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town of Highways be and the same are hereby laid out at Southold, in the Town of Southold as follows: l. The highways known as MARINA LANE and SUMMIT LANE (f/k/a Chios ~ane) and "DRAINAGE AREA", as shown and fl~dieated on acertain map entitled ~Vlap of Summit Estates, Section One," situate at East Marion, Town of Southold, Suffolk County, New York, surveyed by Young and Young and filed in the Office of the County of Suffolk on November 22, 1993 as Map Number 9426. Dated, the day of ,2004. PETER HARRIS Town Superintendent of Highways Town of Southold Suffolk County, New York Form 8002 (9/99) - 20M -- Bargain and Sale Deed, wi~ Covenants ~ainst Gmntor's Acts--Individual or Coqxnatio~. (single sheet) CONIULT YOUR LAWYIER IIFOIll 81ONIN THII INIYRUMIliT-- YHII INSTRUMENT IHOULD BI[ UI[IO BY LAY/YINI ONLY, THIS INDENTURE, made the day of (..~--7-C2>'~-/~.- , ~ and BETWEEN - GUSMAR REALTY CORP., a domestic corporation, with offices located at 13-15 37th Avenue, Long Island City, NY 11101 ~arty of the first part, and TOWN OF SOUTHOLD, Southold Town Hall, No # Main Road, Southold, NY 11971 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 plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ANNEXED LEGAL DESCRIPTION MADE PART HEREOF SAID PREMISES being a part of the premises described in the deed to the grantor recorded in Liber 11955 page 460. THIS CONVEYANCE is made by the party of the first part during the normal course of business and with the unanimous written consent of the shareholders of Gusmar Realty Corporation. TOGETHER with all fight, title and interest, if any, of the party of the first part, 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 iR 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 covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consider- ation 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. GUSMAR REALTY CORPORATION IN PRESEIqCE OF: PJ~xYrELIS FAKIRIk3, PRES[DENT 'oNdlZ tL6tL ~N ~OH&BOS a~O8 NI~N ~6LLL XO~ Od G~H N~O& G~OH&~O$ G"IOHEX3OS / ~t"I~S NMOIEIOAJ. 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(s)etuau esoqM (S)lanpl^lPUl eqi eq oi eouePl^e /uotoa,~SliaS to s!saq eqi uo etu ol pe^oJd Jo ecu ol uMou)l XllaUOsJed 'em e~oteq ' peJeedda AllaUOe~ed 'peuSls~epun eqi ~ae,~ eqi Ul ' jo Asp sql uo Jo Xiunoo '~JOA MeN ~.o et. alS OUiIS ]lJoA A'~N uI ueN~. ~,u~ue~pel~ou~v Ul (s)ePlSe~ ~eql/eqs/eq leqi 'Ass pus esodep P!P 'uJo~s Ainpetu ,~q 5uleq oq~ 'pelu!anboa ,(lleUOSJed um I tuoqt~ ql!M 'lueturulsul §u!o§eJol eq~ ol sseull~ §u!q!Josqns 'euJ e~ojeq ' peJeedda ,~lleUOSaed 'peu§!sJepun eqT JaeA alii u[ ' to ,~ap sql uo :SS ' jo Alunoo '~tJOA MeN Jo elels :SS ' ..--~f'~&~/. lo Alunoo '~PoA MeN Jo elelS e~a~S V~OA~eN Ul ueNm, lueuJol~Pela~OuqoV TITLE NUMBER 641-S-02650 CHIOS LANE (SUMMIT LANE) AND MARINA LANE ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MARINA LANE WHERE SAME IS INTERSECTED BY THE WESTERLY SIDE OF SHIPYARD LANE WITH THE SOUTHERLY SIDE OF MARINA LANE; THENCE ALONG THE SOUTHERLY SIDE OF MARINA LANE SOUTH 52 DEGREES 14 MINUTES 08 SECONDS WEST 362.06 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 2855.00 FEET A DISTANCE OF 100.90 FEET; THENCE SOUTH 54 DEGREES 15 MINUTES 38 SECONDS WEST 100.17 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 62.83 FEET TO THE EASTERLY SIDE OF SUMMIT LANE (CHIOS LANE); THENCE SOUTH 35 DEGREES 44 MINUTES 22 SECONDS EAST 195.00 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 120.32 FEET A DISTANCE OF 166.66 FEET; THENCE SOUTH 25 DEGREES 06 MINUTES 12 SECONDS EAST 50.00 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 170.32 FEET A DISTANCE OF 35.58 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF170.32 FEET A DISTANCE OF 180.30 FEET; THENCE NORTH 35 DEGREES 44 MINUTES 22 SECONDS WEST 404.01 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 34.53 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 60.00 FEET A DISTANCE OF 292.08 FEET; PAGE 2 THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 34.53 FEET; THENCE SOUTH 35 DEGREES 44 MINUTES 22 SECONDS EAST 79.01 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 62.03 FEET; THENCE NORTH 54 DEGREES 15 MINUTES 38 SECONDS EAST 100.17 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 2805.00 FEET A DISTANCE OF 99.14 FEET; THENCE NORTH 52 DEGREES t4 MINUTES 08 SECONDS EAST 362.06 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 62.83 FEET TO THE WESTERLY SIDE OF SHIPYARD LANE; THENCE ALONG THE WESTERLY SIDE OF SHIPYARD LANE SOUTH 37 DEGREES 45 MINUTES 52 SECONDS EAST 130.00 FEET TO THE POINT OR PLACE OF BEGINNING. TITLE NUMBER 641-S-02650 RE-CHARGE BASIN ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF SUMMIT LANE (CHIOS LANE) WHERE SAME IS INTERSECTED BY THE DIVISION LINE OF LOT 17 ON MAP OF SUMMIT ESTATES SECTION 2; THENCE SOUTH 06 DEGREES 23 MINUTES 29 SECONDS EAST 115.00 FEET; THENCE SOUTH 76 DEGREES 22 MINUTES 24 SECONDS EAST 118.03 FEET; THENCE SOUTH 20 DEGREES 18 MINUTES 14 SECONDS WEST 173.64 FEET; THENCE SOUTH 55 DEGREES 27 MINUTES 28 SECONDS WEST 160.97 FEET; THENCE NORTH 34 DEGREES 32 MINUTES 32 SCONDS WEST 185.38 FEET; THENCE NORTH 55 DEGREES 27 MINUTES 28 SECONDS EAST 200.18 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 29 SECONDS WEST 127.40 FEET TO THE SOUTHERLY SIDE OF SUMMIT LANE (CHIOS LANE); THENCE ALONG AN ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 170.32 FEET A DISTANCE ALONG SAID CURVE OF 20.05 FEET TO THE tsT ABOVE MENTIONED DIVISION LINE AND THE POINT OR PLACE OF BEGINNING. irst American Title Insurance Company of New York TP-584 (10/03) New York State Department of Taxation and Finance Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording Office Time Stamp See instructions (TP-584-I) before completing this form. Please print or type Schedule A - Information Relating to Conveyance Grantor/Transferor Name (it'individual, last. first, middle initial) Social Security Number [] Individual GUSMAR REALTY CORPORATION [ I [] Corporation Mailing address Social Security Number [] Parmcrship 13-15-37TH AVENUE [ [ [] Estate Trust City State ZlP code Federal employer ident. Number [] Other LONG ISLAND CIT)~ NY 11101 Grantee/Transferee Name (if individual, last. first, middle initial) Social Security Number TOWN OF SOUTHOLD I I [] Individual [] Corporation Mailing address Social Security Number [] Partnership NO # MAIN ROAD I ] [] Estate Trust City State ZIP code Federal employer ident. Number [] Other SOUTHOLD NY 11971 I Location and descri ~tion of property conveyed I Tax Map Designation Address City/Village Town County Section Block 5.1L°tT, SUMMIT ESTATES, MARINA LANE (SECTION 1) EAST SOUTHOLD SUFFOLK 35 8 MARION 5.18 __ Type of property conveyed (check applicable box) 1. [-] one- to three family house 5. [] CommerciaFInduslxial Date of conveyance 2. 1--1 Residential cooperative 6. [] Apartment building ] I 120041 3. [] Residential Condominium 7. [] Office building month day year 4. I-'] Vacant land 8. [] Other.ROAD DEDICATION Condition of conveyance (check all that apply) a. [] Conveyance of fee interest f. [] b.[] Acquisition of a controlling interest (state percentage acquired __.%) c.[-] Transfcr of a controlling intcrest (state percentage transferred %) g' [] d. [] Conveyance to cooperative housing corporation h.[] e. [] Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP-$84.1, Schedule i. [] Percentage of real property conveyed which is residential real property 100% (see instructions) Conveyance which consists of a k. [] Contract assignment merechangeofidenfityorformof 1. [] Opfion assignment er surrender ownership or organization (attach ForrnTP-584.1ScheduleF) m.[] Leasehold assignment or surrender Conveyance for which credit for tax n. [] Leasehold grant previously paid will be claimed o. [] Conveyance of an easement (attach Form TP-$84 1 Schedule G) p. [] Conveyance for which exemption from Conveyance of cooperative uansfcr tax is claimed (complete Schedule B. apartment(s) Part II1) Syndication q. [] Conveyance of property partly within and Conveyance of air rights or partly without the state development rights r. []Other (describe9__ For recording officer's use '-Amount received Schedule B., Pan 1 $ Schedule B., Pan H $ Date received Transaction number First ,4merican Title Insurance Company of New York Page 2 of 4 TP-584 (10/03) Schedule B - Real Estate Transfer Tax Return (Article 31 of the Tax Law) Part I - Computation of Tax Due 1. Ente~am~unt~fc~nsiderati~~~f~rthec~nveyan~e(ify~uarec~aimingat~ta~exempti~nfr~mtax~checkthe exemption claimed box. enter consideration and proceed to Part 11I) ................................ [] Exemption ¢lailaled 2. Continningliendeduction(seeinstructionsifpropenyistakensubjecttomortgageorlien) .................................... 3. Taxable consideration (subtract line 2from line 1) ......................................................................................... 4. Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 .......................................... 5. Amount of credit claimed (see instructions and attach Form TP-584. l, Schedule G) ............................................. 6. Total tax due * (subtract line 5from line 4) .................................................................................................... 1. (]O0 2. (~ 3. 0 O0 4. ~ O0 S. (~00) 6. ~ O0 Part H -Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More 3. Total additional transfer tax due* (multiply line 2 lo, 1% 601)) ...................................................................... Part m -Explanation of Exemption Claimed in Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate l~nsfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instmmentalifies, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............................................................................ a b. Conveyance is to secure a debt or other obligation ............................................................................................................... b c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ................ c d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ........................................................................................................................................ d e. Conveyance is given in connection with a tax sale ............................................................................................................... e f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F ....................................... f g. Conveyance consists of deed of partition ............................................................................................................................... g h. Conveyance is given pursuant to the federal bankruptcy act ................................................................................................ h i. Conveyance consists of the execution of a conitact to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real prope~'y without the use or occupancy of such property ................. i Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantur's personal residence and consists of a 1-, 2-, or 3-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment ......................................................................................................................... j k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents supporting such claim) ....................................................................................................................................... k 1. Other (attach explanation) ...................................................................................................................................................... I [] [] [] [] [] [] [] [] *Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If no record[lng is required, send this return and your check(s) made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, 'ITl B-Transfer Tax, PO Box 5045, Albany NY12205-5045. First Amerlcan Title lnsurance Company of New York Page 3 of 4 TP-$84 (10/03) Schedule C - Credit Line Mortgage Certificate (Article 11 of the Tax Law) Complete the following only if the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) 1. 1~ The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: [] Thc transfer of real property is a transfer of a fee simple interest to a person or persons who held a lee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] Thc transfer of real property is (A) to a person or persons related by blood, mamagn or adoption to the origanal obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real prepcrty a~er the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] [] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court. The maKtmum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling· PLEASE NOTE: for purposes of determining whether the maXamum principal amount secured is $3,000,000 or more as deseribed above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. Other (attach detailed explanation). The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A cheek has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. The real property being transferred is subject to an outstanffmg credit line mortgage recorded in __ (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is · No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York City, make check payable to the NYC Department of Finance,) Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, true and complete. Title Title Reminder: Did you complete all of the required Information in Schedules A and B? Were you required to complete Schedule C? If you checked e, f or g In Schedule A, did you complete TP-584.17 Have you aRaehed your check(s) made payable to the county clerk where recording will take place or, If the recording Is In New York City, to the NYC Department of Finance? If no recording Is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, l'l'lB-Transfer Tax, PO. Box 5045, Albany NY 12205-5045. First American Title Insurance Company of New York Page 4 of 4 TP-584 (10/03) Schedule D - Certification of exemption from the payment of estimated personal income tax (Article 22, Tax Law section 663) ] Complete the following only if a fee simple interest is being transferred by an individual or estate or trust. Part I - New York State residents If you are a New York State resident wensferor(s)/seller(s) listed in Schedule A of Form TP-58~; (or an attachment to Form TP-584), you must sign the certification below. If one or more txanaferor(s)/seller(s) of the property is a resident of New York State, each residem U'ansferor(s)/sellar must sign in the space provided. If more space ia needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferor(s)/sellers. ICertification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)/seller(s) as signed below was a resident of New York State and therefore is not required to pay estimated personal income tax under Tax Law section 663(a) upon the sale or transfer of this property. Sigh~l~r~ · ' X. ff Print full name Date ' t [ Signature l~-full v. ame -~a~ ..................... Signature Print full name Date NO'CZ: A resident of New York State may still be required to pay estimated tax under section 685(c), but not as a condifiun of recording a deed.. Part II -Nonresidents of New York State If you are a nonresident of New York State listed as a tx~msferor(s)/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated tax because one of the exemptions below applies under section 663(d) of the Tax Law, check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that tmnsferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under section 663 of the Tax Law. Each nonresident transferor(s)/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as may schedules as necessary to accommodate all nonresident transferor(s)/sellers. If none of these exemption statements apply, you must use Form lT-2663, Nonresident Real Property Estimated Income Tax Payment Form, and pay the full amount of estimated tax, if any, to the recording o~cer at the time the deed is presented for recording. Exemption for nonresident transferor(s)/setier(s) This is to certify that at the time of the sale or transfer of the real pmparty, the transferor(s)/seller(s) (grantor) of this propetx':y was a nonresident of New York State, but is not required to pay estimated tax under Tax Law section 663 due to one of the following exemptions: [] The property being sold or transferred was used exclusively as the transferor's/seller's principal resident (within the meaning of section 121 of the Internal Revenue Code) from__ to __ (see instructions). [] The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosnre with no additional consideration. [] The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the sate of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Govemmem National Mortgage Association, or a private mortgage insurance company. ffirst American Title Insurance Company of New York Peconic Bay Region Community Preservation Fund East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Southold 10 Please print or type Schedule A - Information Relating to Conveyance Grantor Social Security Number [-] Individual Name (/fit~lividual. last. first, middle inittaO [] Corporation GUSMAR REALTY CORPORATION [-[ Partnemhip Social Security Number I-I Other Mailing address 13-15 371'14 AVENUE I I City State ZIP code Federal employer ident. Number LONG ISLAND CIT~/ NY 11101 Grantee Social Sectrdty Number [] Individual Name (/findividual, last. first, middle inttlal) ] [ [] Corporation TOWN OF SOUTHOLD f-I Pal~lership Social Security Number [] Other Mailing address NO # l~tlN ROal) I I ZIP code Federal employer ident. Number City State SouTnOLD NY 119'/1 Location and description of property conveyed Tax Map Designa~on --~[ Section Block t Lot [ Address City/Village SUMMIT ESTATES, MARINA LANE (SECTION 1) EAST MARION Ty~ of properly conveyed (check applicable box) [] Improve~ Date of conveyance Date of contract I~ Vacant laud month day year month day year Dual Towns: Condition of conveyance (check all that apply) a [] Conveyance of fcc interest b [] Acquisition of a controlling interest (state l~rcentage acqui~l %) c [] Transfer of a controlling interest (state percentage transfm'ccd %) d [] Conveyance to cooperative housing corpc~tion e [] Conveyance pursuant to or in lieu of foreclosure or enforcement of secmity interest f [] Conveyance which conaist~ of a mere change of identity or form of own~ship or organization g [] Conveyance for which credit for tax previously paid will be claimed h [] Conveyance of cooperative apartment(s) i 1"1 Syndication j [] Conveyance or air rights or development rights k [] Contract assignment I f-1 Option assignment of surrender m [] Loazehold assignment or surrender n [] Leasehold grant o [] Conveyance of an casement p [] Conveyance for which exemption from is claimed (complete Schedule B. Part I1) [] Conveyaece of property pauly within and r [] Other (describe) Schedule B - Community Preservation Fund Part I - Computation of Tax Due 1 Enter amount of consideration for the conveyance (from line I TP-$84 Schedule B) ................................................. 2 Allowance (see below) ..................................................................................................................................... 3 Taxable consideration (subtract line 2from line 1) ......................................................................................... 4 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK 5 Property not subject to CPF Tax (See Part [I) .................................................................................................. Allowance: East Hampton Shelter Island Southampton Riverhand Southold $250,000.00 Improved $250,000.00 Improved $250,000.00 Improved $150,000.00 Improved $150,000.00 Improved S100,000.00 Vacant Land (unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $75,000.00 Vacant Land (Unimproved) $75,000.00 Vacant Land (Unimproved) 12,.0213.2/99 PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: hep://www.orps,state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY I ~ C1. SWig Code I ~ I r ~ I I C2. Date Deed Recorded I ~lonth / Day / Year I C3. Book I I I I ~ I C4. Page I I I I ~ PROPERTY INFORMATION ~ 1. Pr~ NO # I MARIN~ LANE, SUF~LIT ESTATES, SECTION 1 I EAST MARION I T~WN OF SOUTHOLD REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 11939 [ CI~( OR TOWN 2. Buyer I ~ ~ ~C~.~) I VILLAGE FIRST NAME ZIP CODE [ I I 3. Tax Indicate where future Tax gills are to be sent Billing if other than buyer ~ddress {at bottom of form) I I I 4. Indicate the number of Asse~me~t [~ Roll pereifis transferred on the deed I ,2 I # of Parcels OR Part of a Parcel 5.17 = 1 11 A Prope,W r IxL 5.18 ](~.191 A · I 6. Seller I (:~S[v]~ [~J~ (::~0]~:) ' I I 7. Check the box below which most accurately describe~ the u~e of the property st the time of sale: A [] One Family Residential B ~ 2 or 3 Family Residential C ~ Basidential Vacant Land D[~ Non-Residential Vacant Land I'SALE INFORMATION I 11. Sale Contract Date Agricultural ! [] Community Service Commercial J ~ Industrial Apartment K~ Public Service Entertainment/Amusement [-L._.J Forest 12. Data of Sale / Transfer Month Day Year 13. Pull Bale Price I i , ..... 0 i ~) I 0 I (Fuji Sale Price is the total amount paid for the property including p~rsonal property. This payment may be in the form of cash, other property or goods, or the as.~umption of mortgages or other obEgations.) Please round to the nearest whole dollar amount. 14.1ndicstethavalu®ofpersonal I i i , , , ~l , 0 , 0 I ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 5.17 821 18. PropectyClau5.118 ,69,2 I-I Jlg. SchoelDi~tflstNama [ //2 Che~ the box~ below as they app.. 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District r~ 10~. Buyer received a disclcaure notice indicating that the property is in an Agricukural Dictdct A Sale Be~veen Relatives or Former Relatives Sale Batween Related Companies or Partners in Business C One of the Buyers is also a Seller D Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Sl:~cify Below) F Sale of Fractional or Lees than Fee Interest (Spec~y Below) ~igniflcact Change in Property Between Taxable Status and Sale Date~ Sale of Buainess is Included in Sale Price Other Unusual Factors Affecting Sale Pdce (Specify Below) None lO0 J 20. Tax Map Identlfl~w(s) I Roll identifier{s) (ff more than four, atta~t sheet with additional identifier(e)) 1000-35-8-5.17, 5.18 i i l CERTIFICATION l certify t~at all of the items of any ~ false statement of material fact herein w'dl a~bJect me to the provisions of the penal law relative to the mnlrir~, and filing of false Iml~m~eats. BUYER BUYER'S ATrORNEY FIRST NAME AREA CODE ~ELEP~ONE NUMBER I NEW YORK STATE SELLER ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th£ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Superintendent of Highways Peter W. Harris Town Engineer James Richter Town Attorney Patricia Finnegan/~--.% From: Town Clerk Elizabeth Neville' ' Re: Proposed Highway Dedication of Summit Estates Subdivision, Sec. 1, 2, & 3 Date: November 9, 2004 Transmitted are all documents and maps relative to this proposed highway dedication. Please review them for accuracy and send me your written recommendations. Thank you. TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: SUMMIT LANE (f/k/a Chios Lane) and GUS DRIVE ORDER LAYING OUT THE HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Town Superintendent of Highways for Southold, Suffolk County, New York, for the laying out of Town Highways in the said Town of Southold by GUSMAR REALTY CORPORATION., liable to be assessed for highway taxes in said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed to be laid out, and a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town of Highways be and the same are hereby laid out at Southold, in the Town of Southold as follows: 1. The highways known as SUMMIT LANE (f/k/a Chios Lane) and GUS DRIVE, as shown and dedicated on a certain map entitled "Map of Summit Estates, Section Three," situate at East Marion, Town of Southold, Suffolk County, New York, surveyed by Young and Young and filed in the Office of the County of Suffolk on May 2 l, 2002 as Map Number 10769. Dated, the day of .,2004. PETER HARRIS Town Superintendent of Highways Town of Southold Suffolk County, New York TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION for for the Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: SUMMIT LANE (f/k/a Chios Lane)AND GUS DRIVE DEDICATION and RELEASE We, GUSMAR REALTY CORPORATION, being the owners of certain land in East Marion, Town of Southold, Suffolk County, New York, and included within which land is proposed highways known as SUMMIT LANE (fJk/a Chios Lane) AND GUS DRIVE described in the above matter dated October 20, 2004; NOW THEREFORE, in consideration of One ($1.00) Dollar to us in hand paid by Peter Harris, Superintendent of Highways of Said Town of Southold, and in further consideration of laying out the new highways known as SUMMIT LANE (f/k/a Chios Lane) AND GUS DRIVE do hereby release and dedicate to Town of Southold all the land heretofore owned by us within said proposed highways as follows: The highways known as SUMMIT LANE (f/kfa Chios Lane) AND GUS DRIVE as shown and designated, on a certain map entitled "Map Of Summit Estates, Section Two," situate at East Marion, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on May 21, 2002 as Map No. 10769, "Map of Summit Estates, Section Three." And we do release the said Town of Southold fi.om all damages by reason of the layout out of the said highway. GUSMAR REALTY CORPORATION. By: ~ 13anteli's]Cakins~ PYesident STATE OF NEW YORK ) ) SS.: COUNTYOF D~~e> ) On the '~ day of October in the year 2004 before me, the undersigned, personally appeared PANTELIS FAKIRIS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. BONN[ M. ttLqJBAU£R I~OTARY PUBLIC, State of New York No 41-4796600 Quatifle~in Q~en'- :unty~ Term Expires Septen [.-, 3u r 20 ~ Notary Public TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: SUMMIT LANE (f/k/a Chios Lane) AND GUS DRIVE CONSENT WE, the undersigned, being a majority of the Town Board of the Town of Southold in the County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the day of ,2004 and having duly considered the application of GUSMAR REALTY CORPORATION dated the day of ,2004, for the laying out of new highways at Southold, Town of Southold, to be known as SUMMIT LANE (fYk/a Chios Lane) AND GUS DRIVE do hereby consent that such laying out be made in accordance with said petitioner. Supervisor Josh Horton Town Clerk Elizabeth Neville Superintendent of Highways Peter Harris Town Justice Town Councilman Town Councilman Town Councilman Town Councilman TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: SUMMIT LANE (f/k/a Chios Lane) AND GUS DRIVE APPLICATION To the Town Superimendent of Highways of the Town of Southold in the County of Suffolk and State of New York; The undersigned petitioner, GUSMAR REALTY CORPORATION, as owners of SUMMIT LANE (f/k/a Chios Lane) AND GUS DRIVE, a New York Corporation having its principle place of business at 13-15 37th Avenue, Long Island City, NY l I 101, liable to be assessed for highway taxes in the Town of Southold, hereby to apply to the Town Superintendent of Highways to lay out new highways at East Marion, in the Town of Southold, County of Suffolk and State of New York as follows: 1. The highways known as SUMMIT LANE (f/k/a Chios Lane) AND GUS DRIVE as shown and designated, on a certain map entitled "Map Of Summit Estates, Section Three," situate at East Marion, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on May 21, 2002 as Map No. 10769, "Map of Summit Estates, Section Three." And we do release the said Town of Southold from all damages by reason of the layout out of the said highway. GUSMAR REALTY CORPORATION. pantel~s Fakiris, Pr~sid~-nt ') STATE OF NEW YORK ) ss.: ) On the Z 5 day of October in the year 2004 before me, the undersigned, personally appeared PANTELIS FAKIRIS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. BONNA ~. NOTARY PUBUC, State of Ne,~ York ~,,a ~ied in Queens C0unt¥ ~ ~- Notary Public irst American Title Insurance Company of New York TP-584 (10/03) New York State Department of Taxation and Finance I Combined Real Estate --. [ Transfer Tax Return, ' ' Credit Line Mortgage Certificate and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording Office Time Stamp See instructions (TP-584-0 before completing this form. Please print or type Schedule A - Information Relating to Conveyance Grantor/Transferor Name (if individual, last. first, middle initial) Social Security. Number [] Individual GUSMAR REALTY CORPORATION [ [ [] Corporation Mailing address Social Security Number [] Partnership 13-15-37TH AVENUE I I [] Estate Trust City State ZIP code Federal employer idem. Number [] Other LONG iSLAND CIT~/ NY 11101 Grantee/Transferee Name (i.t-individual. last. first, middle initial) Social Security Number TOWN OF SOUTI:IOLD I I [] Individual [] Corporation Mailing address Social Security Number [] Partnership NO # MAIN ROAD I [] Estate Trust City State ZIP code Federal employer idem. Number [] Other SOUTHOLD NY 11971 I Location and description of property conveyed ......................................................Tax Map Designation ~ ........................................................................................................... Address Clty/Vlllage:-'""--~ .......................................... Town I ................... County SUMMIT ESTATES, GUS DRIVE (SECTION 3) EAST .................... i ..................... 1 ......................................................................................................................................................................................... Type of property conveyed (check applicable box) 1. [] one- to three family house 5. [] Commercial~[ndustrial Date of conveyance Percentage of real property 2. [] Residential cooperative 6. [] Apartment building [ I1200q conveyed which is residential 3. [] Residential Condominium 7. [] Office building moml~ aay y~ar real property 100% 4. [] Vacant land 8. [] Other ROAD (see instructions) DEDICATION Condition of conveyance (check all that apply) a. [] Conveyance of fee interest f. [] b.l--I Acquisition of a controlling interast (state percentage acquired __%) c. [] Transfer ora controlling interest (state percentage transferred __%) g' [] d. [] Conveyance to cooperative housing corporation h.[] e. [] Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Fortn TP-584. l. Schedule i. [] £) j.[] Conveyance which consists of a k. [] Contract assignment mere change of identity or form of 1. [] Option assignment or surrender ownership or organization (attach Form TP-584.1 Schedule F) m. [] Leasehold assignment or surrender Conveyance for which credit for tax n. [] Leasehold grant previously paid will be claimed o. [] Conveyance of an easement (attach Form TP~584 I Schedule G) p. [] Conveyance for which exemption from Conveyance of cooperative apartment(s) Syndication Conveyance of air rights or development rights transfer tax is claimed (complete Schedule B. Part 1II) q. [] Conveyance of property partly within and partly without the state r, [] Other (descrtbe)__ ..............For recor&ng; ............. officer;s ................................. use Amount recelved~ ........................................ T ................ Date received: ................................................. TE ............ Transaction' .............................. number Schedule B. Part I $ ] I ~ First.dmerican Titlelnsurance Company of New York Page 2 of 4 TP-584 (10/03) Schedule B - Real Estate Transfer Tax Return (Article 31 of the Tax Law) Part I - Computation of Tax Due 1. Emer am~unt ~f c~nsiderati~n f~r the c~nveyance (if y~u are c~aiming a t~tal exempti~n fr~m tax. check the exemption claimed box, enter consideration and proceed to Part II1) ................................ [] Exemption claimed 2. Continuing lien deduction (see instructions ifproperO, is taken subject to mortgage or lienl .................................... 3. Taxable consideration (subtract line 2 from line D ......................................................................................... 4. Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 .......................................... 5. Amount of credit claimed (see instructions and attach Form TP-584. l, Schedule G) ............................................. 6. Total tax due * (subtract line 5from line 4) .................................................................................................... 1. ~ O0 :Z. (~00) 3. ~ 00 4. ~ 00 S. (~00) 6. ~ 00 Part II -Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More 1. Enter amount of consideration for conveyance (from Part 1, line l) ............................................................ L 2. Taxable consideration OnulUply line l by the percentage of the premises ghich is residential real properO' as shown in Schedule A)... 3. Total additional txansfer tax due* (muhiply line 2 by 1% ~0l)) ...................................................................... Part III -Explanation of Exemption Claimed in Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............................................................................ a b. Conveyance is to secure a debt or other obligation ............................................................................................................... b c. Conveyance is without additional consideration to confirm, correct, modify or supplemem a prior conveyance ................ c d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ........................................................................................................................................ d e. Conveyance is given in connection with a tax sale ............................................................................................................... e Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial owneiship. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F ....................................... f g. Conveyance consists of deed of partition ............................................................................................................................... g h. Conveyance is given pursuant to the federal bankruptcy act ................................................................................................ h i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real property without the use or occupancy of such property ................. i Conveyance of an option or contract to purchase real property xvith the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1 -, 2-, or 3-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the gram or txansfer of a proprietary leasehold covering an individual residential cooperative apartment ......................................................................................................................... j k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents supporting such claim) ....................................................................................................................................... k 1. Other (attach explanation) ...................................................................................................................................................... *Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If no recording is required, send this return and your check(s) made payable to the Department of Taxation and Finance. directly to the NYS Tax Department, TTTB-Transfer Tax, PO Box 5045, Albany NY 12205-5045. First dmerican Title Insurance Company of New York Page 3 of 4 TP-584 (10/03) Schedule C - Credit Line Mortgage Certificate (Article 11 of the Tax Law) Complete the following only if the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) 1. [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption frem thc tax is claimed for the following reason: [] The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joim tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property afier the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court. [] The maximum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. PLEASE NOIE: for purposes of deterrmning whether the maximum principal amount secured is $3,000,000 or more as descrthed above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation). [] The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in __ (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is · No exemption from tax is claimed and the tax of__ is being paid herewith. (Make check payable to count), clerk where deed will be recorded or, if the recording is to take place in New York City, make cheek payable to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, true and complete. ?ANTELl~ FAKI~IS, PRESIDENT, Grahtor I ~ - Tit~ TOWN OF SOUTHOLD, Grantee signature Title stgnature Reminder: Did you complete all of the required Information in Schedules A and B? Were you required to complete Schedule C? If you checked e, for g In Schedule A, did you complete TP-584.17 Have you attached your check(s) made payable to the county clerk where recording will take place or, If the recording Is Ia New York City, to the NYC Department of Finance? lfno recording Is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, '1 ITB-Transfer Tax, PO. Box 5045, Albany NY 12205-5045. ~ First American Title lnsurance Company of New York Page 4 of 4 TP-584 (10/03) ISchedule D - Certification of exemption from the payment of estimated personal income tax (Article 22, Tax Law section 663) Complete the following only if a fee simple interest is being transferred by an individual or e~tate or trust. Part I - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachmem to Form TP-584), you must sign the certification below. If one or more transfaror(s)/seller(s) of the property is a resident of New York State, each resident transferor(s)/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferor(s)/sellers. ICertification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)/selier(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law section 663(a) upon the sale or transfer of this property. ~'ull name Pantelis Fakiris Print full name Date Signature name Date Signature Date No'rt: A resident of New York State may still be required to pay estimated tax under section 685(c), but not as a condition of recording a deed.. Part II - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor(s)/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated tax because one of the exemptions below applies under section 663(d) of the Tax Law, check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that txansferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under section 663 of the Tax Law. Each nonresident transferor(s)/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as may schedules as necessary to accommodate all nonresident transferor(s)/sellers. If none of these exemption statements apply, you must use Form [T-2663, Nonrestdent Real Property Estimated Income Tar Payment Fortu, attd pa)' the full amount of estimated tax, if any, to the recording officer at the time the deed is presented for recording. Exemption for nonresident transferor(s)/seiler(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)/seller(s) (grantor) of this property was a nonresident of New York State, but is not required to pay estimated tax under Tax Law section 663 due to one of the following exemptions: [] The property being sold or transferred was used exclusively as the transferor's/seller's principal resident (within the meaning of section 121 of the lnremal Revenue Code) from to (see instructions). [] The transfer~r/se~~er is a m~rtgag~r c~nveying the m~rtgaged pr~perty t~ a m~rtgagee in f~rec~~sure~ ~r in ~ieu ~f f~rec~~sure with no additional consideration. [] The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the sate of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature print full name Date Signature Print full name Date Form 8002 (9/99) - 20M -- Bargain and Sale Deed. with Covenants against Grantor's Acts--Individual or Corporation. (single sheet) CONSULT YOUR LAWYIR BSFORR SIGNING THII INSTRUMENT -- THIS INSTRUMENT SHOULD SI USED BY LAWY"rRI ONLY. THIS INDENTURE, made the BETWEEN · day of and GUSMAR REALTY CORP., a domestic corporation, with offices located at 13-15 37th Avenue, Long Island City, NY 11101 party of the first part, and TOWN OF SOUTHOLD, Southold Town Hall, No # Main Road, Southold, NY 11971 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 plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ANNEXED LEGAL DESCRIPTION MADE PART HEREOF SAID PREMISES being a part of the premises described in the deed to the grantor recorded in Liber 11955 page 460. THIS CONVEYANCE is made by the party of the first part during the normal course of business cud with the unanimous written consent of the shareholders of Gusmar Realty Corporation. TOGETHER with all right, title and interest, if any, of the party of the first part, 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 covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consider- ation 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. GUSMAR REALTY CORPORATION IN PRESENCE OF: 'ON dlz LA6 L L .x~ QYC~ N.T'crl~ /6ALt XO~ OE ~ ~ ~OH,T~_OS :O/'tlYIN AB NURI:aU NMOI ~10 AINnOO £~ ' 0 L IO3 L )iOO'10 S£ NOI/O~]$ · (ue~e~ SaM ~,uetue§pelMOU~Oe eClj eoejd Jeqlo Jo ~Jlunoo JO eJels eql pue uo.s.^.pqns leoll!lod Jo /q!o eqi ppe) 'euJ eJojeq ' peJeedde ,{ileUOSJed 'pau6!sJepun Jee/~ eql uj ' 1o Aep eql uo :ss ' (IJlunoo u6!eJO:l JO uo!ssJ}sSOd ¥~JOl!JJJ~J 'e!qtunloo ~o lOpls!a lJaSU! JO) ~ jo ,~lunoO ' Io elel$ · elm, S ]lJo, k ~eN eplstno ue)l~'l ~,ueum§pel,~,,ou)r"v pe~eedde AlleUOS~ed 'peu§!s~epun eql ~eeA eql u! ' Jo ,~ep eql uo Jo ~tunoo '~JoA MeN lO eletS ale,S ~JoA,'~mN Ul umle~, lueu~®§Pel,'~ou'~ov J~uedmo~) a3u~nstr[ aIILL o~) lJ ~q pe~nq!Jis!a Cl'IOI-IJ2'K)$ ZO NLv~3~ 01 blOI,T,~fMOdMCO f~15~ h~f~Sf~ · oleJeql sseul!~ e sa (s)etueu J!eql/Jeq/s!q peqposqns atu!~ eu~es eql la SSeUl!M p!es leq; pue '.ewes e41 e~noexa pies MeG pu~ iuesaJd eql peinoexe OqM pue u~ peqposep lenp~A~pu~ eql eq el (S)MOU~ ~eqj/eqs/eq l~qi u! (s)ep!seJ /[eql/aqs/eq leql %es pue asodep p!p 'UJOMS /[Inp euJ /iq §u!eq OqM 'peiu!enboe ,~lleUOSJad u~e I UJOLIM ql!M 'IUeLUnJ1sU! §u!o6eJoJ aql ol SSeUj!M §u!qposqns 'aLU eJoJeq ' pe~eedde ,~lleUosJed 'peu6!sJepun eq) JeeA aql u! ' ~o/lap eql uo :ss ' I©/~,unoO "~JOA MeN ,Lo e~elS eteiS ~l,mA MeN u! UO)lei esOUllM §UlqlJosqns Aq ~,ueuJe§PelMomlov :ss ' ~>~IC)~[~[/~S 1o Alunoo 'MJoA MaN JO alelS e~,e~,S )lJOA ~N Ul Ue~le~, ~,uetueBpel~OU~OV TITLE NUMBER: 641-S-02652 SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Summit Lane as shown on Subdivision Map, "Summit Estates, Section 3", filed in the Office of the Clerk of Suffolk County on May 21, 2002 as Map No. 10769, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Gus Drive, said point being situate the following three (3) courses and distances as measured along the northerly side of Gus Drive from the northerly terminus of the arc of a curve connecting the northerly side of Gus Drive and the westerly side of Shipyard Lane: 1) Along the arc of a curve to the right having a radius of 40.00 feet, a distance of 62.83 feet; 2) South 52 degrees 53 minutes 48 seconds West, 248.00 feet; 3) Along the arc of a curve to the left having a radius of 860.00 feet, a distance of 20.39 feet; RUNNING THENCE from said point of beginning westerly along the northerly side of Gus Drive along the arc of a curve to the left having a radius of 860.00 feet, a distance of 124.33 feet to Lot 26, Subdivision Map, "Summit Estates, Section 3"; RUNNING THENCE along Lot 26, Subdivision Map, "Summit Estates, Section 3", the following two (2) courses and distances: 1) Along the arc of a curve to the left having a radius of 40.00 feet, a distance of 59.94 feet; 2) North 42 degrees 36 minutes 12 seconds West, 157.50 feet to Lot 17, Subdivision Map, "Summit Estates, Section 2", filed in the Office of the Clerk of Suffolk County on May 21, 2002 as Map No. 10768 and the southerly terminus of Summit Lane, Summit Estates, Section 2"; RUNNING THENCE North 47 degrees 23 minutes 48 seconds East along the southerly terminus of Summit Lane, Summit Estates, Section 2, a distance of 50.00 feet to Lot 25, Subdivision Map, "Summit Estates, Section 3"; RUNNING THENCE along Lot 25, Subdivision Map, "Summit Estates, Section 3" the following two (2) courses and distances: 1) South 42 degrees 36 minutes 12 seconds East, 157.50 feet; 2) Along the arc of a curve to the left having a radius of 40.00 feet, a distance of 59.94 feet to the point or place of BEGINNING. irst American Title Insurance Company of New York Peconic Bay Region Community Preservation Fund East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Southold 10 Please print or type ISchedule A- Information Relating to Conveyance Grantor Social Security Number I~ Individual Name (if individual, last. first, middle initial) [] Corporation GUSMAR REALTY CORPORATION I I [] Parmership Social Security Number [] Other Mailing address 13-15 37TH AVENUE I I City State ZIP code Federal employer idem. Number LONG ISLAND CIT)/' NY 11101 Grantee Social Security Number [] Individual Name {if individual, last. first, middle initial) I I [] Corporation TOWN OF SOUTHOLD f~ Partnership Social Secutity Number [] Otber Mailing address NO g MAIN ROAD I I City State ZIP code Federal employer idcnt. Number SOUTHOLD NY 11971 [ Location and description of property, conveyed [ ............ ?~Z~'~i~i~/~i~ ............... T ............................................. Xd~s-£ ................................................ r'"'""C~/Vf{i~i~' ~ .............. TJ~ '-r'"'"~;;~, ..; -gTi:t%3-T-'-gi~;~'~("'-'r'-'"'"[~;i' "- !' 'S-O~ MiY'tgTX¥ gg-{~-0K ~ h~v Ei-g t"C~¥O~ ~)~ ................................... gX~'- -'-'"~--'"'l-~OU¥aOt. b ............ "g'0~)'k'~-""" ~ ............... l ..................... ~ ..... i ........................... i ............................................................ ~ Type of properly conveyed (check applicable boxJ [] Improved Date of conveyance Date of contract Dual Towns: m loath I12004[ I I 1200q Vacant land day year month day year Condition of conveyance (check all that apply) a [] Conveyance of fcc interest b [] Acquisition ofa conuolling interest (state percentage acquired %) c [] Transfer ora controlling interest (state percentage transferred %) d [] Conveyance to cooperative housing corporation e [] Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest f [] Conveyance v, hich consists of a mere change of identity or form of ownership or organization g [] Conveyance for which credit for tax previously paid will be claimed h f-] Conveyance of cooperative apartment(s) i [] Syndication j f-] Conveyance or air rights or development rights k [] Contract assignment I [] Option assignment of surrender m [] Leasehold assignment or surrender n [] Leasehold grant o I'-I Conveyance of an easement p [] Conveyance for which exemption from is claimed (complete Schedule B. Part II) q [] Conveyance of property partly within and partly without the state [] Other (describe)__ Schedule B - Community Preservation Fund Part [ - Computation of Tax Due 1 Enter mount of consideration for the conveyance ~[rom line 1 TP-$84 Schedule B) ................................................. 2 Allowance (see below) ..................................................................................................................................... 3 Taxable consideration (subtract line 2from line 1) ......................................................................................... 4 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK 5 Property not subject to CPF Tax (See Part II) ................................................................................................. (0 00) O0 ?Xii';;¢ii'il-/;'i .................................................................................................................................................................................................................................................. East Hampton Shelter Island Southampton Rlverhead [..~_o_~!_h.~!_d_ .................... $250,000.00 Improved $250,000.00 Improved $250,000.00 Improved $150,000.00 Improved · .$.1_ $07 _000:00_I.~ p.?. ~(~ ................... $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $75,000.00 Vacant Land (Unimproved) ._~7?_O~:_OP___~!..~.~.i?~?~d_) .............................................................................. First American Title Insurance Company of New York Schedule B - (continued) Part II -Explanation of Exemption Claimed in Part l, line 5 (check any boxes that apply) Thc conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their mstmmentahoc~, agenmes or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement ut compact ~ ith another slate or Canada) ........................................................................................................................................... a [] b. Conveyance is to secure a debt or other obligation ....................................................................................................... b [] c. Conveyance is without additional consideration to confirm, corcect, modify or supplement a prior corn eyance ........ c [] d. Conveyance of real property is without consideration and not in connection with a sale. including conveyances con~ e) ing realty as bona fide gifts ......................................................................................................................................................................... d [] e. Conveyance is given in connection with a tax sale .............................................................................................. e [] f. Conveyance is a mere change of idemity or form of ownership or organization where there is no change in benefictal o~ne~sh~p. exemption cannot be claimed for a conveyance to a cooperative housing corporation of real propert) comprising the coopcrafixc dwelling or dwellings.) ................................................................................................................................... [ [] g. Conveyance consists of deed of partition ..................................................................................................................... g [] h. Conveyance is given pursuant to the federal bankruptcy act ........................................................................... h [] i. Conveyance consists of the execution of a contract to sell real property without the usc or occupancy of such propert? or the gtanting an option to purchase real property without the use or occupancy of such proper~.¥ ............................. i [] j. Conveyance of real property which is subject to restrictions whmh prohibit the use of the entire propert) for an)' purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee (2) O) or (k) of Article 3 I-D of the Tax Law ISee required approval, below) k. Conveyance of real property for open space, parks, or historic preservation purposes to any no,-for-profit tax exempt cotporatton operated for conservation, environmental, or historic preservation purposes ...................................... k [] I. Other -- list explanations in space below (Grandfather/Contract) ..................................................................................... I [] m. The conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Section 1449-cc of Amore 3 I-D ofthe Tax law (seej in Schedule C) ....................................................................................................... m [] Penalties and Interest Penalties Any grantor or grantee failing to file a return or to pay any tax within the time required shall be subject to penalty of 10% of the amount of tax due plus an interest penalty of 2% of such amoum for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or the tax became due. However, the imerest penalty shall not exceed 25% in the aggregate. Interest Daily compounded interest will be charged on the amount of thc tax due not paid with the time reqmred. *****By signing the following, the buyer and seller further represent and attest to the fact that for property lying within Southold Town, a validly executed contract was in effect prior to March 1, 1999 and that for all other towns subject at the CPF tax, a validly executed contract was in effect prior to April 1, 1999. Seller Buyer The undersigned certify that the above return, including any certification, schedule or aRachraent, is to the best of his/her kno~ ledge, true and complete. Signature (both the grantor(s) and grantee(s) must sign). ,. ~. smar Realty Corporation ~l~,' ~ ~ Grantor Title Pantelis Fakiris, President Grantee Title PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY I ~ C1. SWIS Code I ~ ~ ~ ~ ~ I REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2. Date Deed Recorded I Month / Day / Year I STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 C3. Book I ~ I I I I C4. Page I I I I I RP.szt? Re~ ~ PROPERTY INFORMATION [ NO # I (TJS DR_TVE, SUS~IIT ESTATES, SECTION 3 I 1. Property I EAS~ MARION I ~ OF ~O.U3 I 11939 CITY OR TOWN VILLAGE ZIp CODE 2. Buyer I ~ OF ~OLD I LAST NAME t COMPANy FIRST NAME 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address (at boEom of form) I I LAST NAME, COMPANy ¢IRST NAME Address ~. Su~ivislon Approval was Required for Transfer STREET NUMBER AND STREET NAME 4. Indicate the number of Assessment Roll parcels transferred on the deed 5. Deed Property L I x I 6. Seller I (~JS[V[J~ R~'[~' CORPORATION I I Name LAST NAME I COMPANY FIRST NAME I I I LAST NAME / COMpANy FIRST NAME 7. Check the box below which most accurately describes the use of the property at the time of sale: A~ One Family Residential B ~ 2 or 3 Family Residential C [~ Residential Vacant Land D [~ Non-Residential Vacant Land SALE INFORMATION I 11. Sale Contract Data Commercial Industrial Apartment Public Service Entertainment / Amusement Forest I / / Month Day Year 12. Date of Sale / Transfer I / / I Month Day Year Check the boxes below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District [] 10B. Buyer received a disclosure notice indicating [] that the property is in.an Agricultural District 15, Check one or more of these conditions as applicable to transfer: A B C D E F Sale Between RelaBves or Former Relatives Sale Between Belated Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) 13. Pull Sale Price I I I i i i i i l0 i 0 I 0 I (Full Bale Price is the total amount paid for the property including personal property. This payment may be in the form of cash, other property or goods, or the assumption of j mortgages or other obligations.) Please round re the nearest whole dollar amount. 14.1ndicate the value of personel I I I I I I I~) I 0 I 0 I prope~'y included in the sale ~ ~ · ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll from I , I 17. Total Assessed Value (of all pamels in transfer) I which information taken Significant Change in Property Between Taxable Status and Sale Date~ Sale of Business is Included in Sale Price Other Unusuai Factors Affecting Sale Price (Specify Below) None ROAD DEDICATION TO MUNICIPALITY 18. Property Class I , , I-I I 19, School District Name I I 20. Tax Map Identifier(si / Roll Identifier(si {If more than four, attach sheet with additional identifier(s)) I 1000-38-7-10.23 I I I I I I I CERTIFICATION I [ certify that all of the items of infornmdon entered on this form are true and correct (to the best of my knowledge and belief) and I understand that the making of any willful false statement of material fact herein will subject me to the pro~ons of the penal law relative to the making and filing of false instetunenis. BUYER BUYER'S AI'rORNEY BUYER SIGNATURE DATE STREET NUMBER STREET NAME (AFTER SALEi I C~TY OR TOWN STATE ZIP CODE LAST NAME FIRST NAME AREA CODE SELLER TELEPHONE NUMBER ~NEW YORK STATE FTWC-100 Rev. 4/00 CERTIFICATE OF TITLE First American Title Insurance Company of New York Title Number: 641.S.02652 PAUL CAMINITI, ESQ. (re:Gusmar Realty Corp./Town of Southold) First American Title Insurance Compa~y of New York (" the Company") certifies to the "proposed insured (s)" listed herein that an examination of title to the premises described in Schedule A has been made in accordance with its usual procedure and agrees to issue its standard form of title insurance policy authorized by the Insurance Department of the State of New York, in the amount set forth herein, insuring the interest set Ibrth herein, and the marketability thereof, in the premises described in Schedule A. after the closing of the transaction in conformance with the requirements and procedures approved by the Company and after the payment of the premium and fees associated herewith excepting tn) all loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth herein that are not disposed of to the satisfaction of the Company prior to such closing or issuance of the policy lb) any question or objection coming to the attention of the Company before the date of closing, or if there be no closing, before the issuance of the policy.. This Agreement to insure shall terminate (l) if the prospective insured, his or her attorney or agent makes any untrue statement with respect to any material fact or suppresses or fails to disclose any material fact or if any untrue answers are given to material inquires by or on behalf of the Company; or (2) upon the issuance of title insurance in accordance herewith. In the event that this Certificate is endorsed and redated by an authorized representative of the Company after the closing of the transaction and payment of the premium and fees associated herewith, such "redated" Certificate shall serve as evidence of the title insurance issued until such time as a policy of title insurance is delivered to the insured. Any claim made under the redated Certificate shall be restricted to the conditions, stipulations and exclusions from coverage of the standard form of title insurance policy issued by the Company. COUNTERSIGNED AUTHORIZED SIGNATURE FIRST AMERICAN TITI.~ INSURANCE COMPANY CLOSING REQUIREMENTS 1. CLOSING DATE: In order to facilitate the closing of title, please notify the closing department at least 4,8 hours prior to the closing, of the date and place of closing, so that searches may be continued. 2. PROOF OF IDENTITY: Identity of all persons executing the papers delivered on the closing must he established to the satisfaction of the Company. 3. POWER OF Aq~FORNEY: If any of the closing instruments are to be executed pursuant to a Power oI Attorney, a copy of such Power should be submitted to the Company prior to closing. THE IDENTITY OF THE PRINCIPAL EXECUTING THE POWER AND THE CONTINUED EFFECTIVENESS OF THE POWER MUST BE ESTABLISHED TO THE SATISFACTION OF THE COMPANY. The Power must be in recordable form. 4. CLOSING INSTRUMENTS: If any of the closing instruments will be other than commonly used forms or contain unusual provisions, the closing can be simplified and expedited by furnishing the Company with copies of the proposed documents in advance of closing. 5. LIEN I_,kW CLAUSE: Deeds and mortgages must contain the covenant required by Section 13 of the Lien Law. The covenant is not required in deeds from referees or other persons appointed by a court for the sole purpose of selling property. 6. REFERENCE TO SURVEYS AND MAPS: Closing inslruments should make no reference to surveys or maps unless such surveys or maps are on file. 7. INTERMEDIARY DEEDS: In the event an intermediary will come into title at closing, other than the ultimate insured, the name of such party must he furnished to the Company in advance of closing so that appropriate searches can be made and relevant exceptions considered. MISCELLANEOUS PROVISIONS 1. THIS CERTIFICATE IS INTENDED FOR LAWYERS ONLY. YOUR LAWYER SHOULD BE CONSULTED BEFORE TAKING ANY ACTION BASED UPON THE CONTENTS HEREOF. 2. THE COMPANY'S CLOSER MAY NOT ACT AS LEGAL ADVISOR FOR ANY OF THE PARTIES OR DRAW LEGAL INSTRUMENTS FOR THEM. THE CLOSER IS PERMITTED TO BE OF ASSISTANCE ONLY TO AN ATTORNEY. 3. If the insured contemplates making improvements to the property costing more than twenty per centum of the amount of insurance to be issued hereunder, we suggest that the amount of insumnee be increased to cover the cost thereof; otherwise, in certain cases the insured will become a co-insurer. 4. Our policy will except from coverage any state of facts which an accurate survey might show, unless survey coverage is ordered. When such coverage is ordered, this certificate will set forth the specific survey exceptions which we will include in our policy. Whenever the word "trim" is used in any survey exceptions [rom coverage, it shall be deemed to include, roof cornices, mouldings, belt courses, water lables, keystones, pilasters, portico, balcony all of which project beyond the street line. 5. Our examination of the title includes a search for any unexpired tinancing statements which affect fixtures and which have been properly filed and indexed pursuant to the Uniform Commercial Code in the office of the recording officer oI the county in which the real property lies. No search has been made for other financing statements because we do not insure title to personal property. We will on request, in connection with the issuance of a title insurance policy, prepare such search Ior an additional charge. Our liability in connection with such search is limited to $1,000.00. 6. This company must be notified immediately of the recording or the filing, after the date ot this certificate, of any instrument and of the discharge or other disposition of any mortgage, judgment, lien or any other matter set forth in this eertificate and of any change in the transaction to be insured or the parties thereto. The continuation will not otherwise disclose the disposition of any lien. 7. If affirmative insurance is desired regarding any of the restrictive covenants with respect to new construction or alterations, please request such insurance in advanee of closing as this request should not be considered at closing. 8. If it is discovered that there is additional property or an appurtenant easement for which insurance is desired, please contact the Company in advance of closing so that an appropriate title search may be made. In some cases, our rate manual provides for an additional charge for such insurance. CERTIFICATION PAGE TITLE NUMBER: 64.1-8-02652 EFFECTIVE DATE: .10/2004 FEE INSURANCE: $ TBD MORTGAGE INSURANCE:$ PROPOSED INSURED: TOWN OF SOUTHOLD MORTGAGEE: TITLE VESTED IN: GUSMAR REALTY CORP. SOURCE OF TITLE BY A DEED DATED: 9/19/95, RECORDED: 4/5/99 IN LIBER '11955 PAGE 460. (PREMISES AND MORE) STREET ADDRESS: GUS DRIVE, SOUTHOLD, NY TAX MAP DESIGNATION: .1000-038.00-07.00-0'10.023 QUESTIONS CONCERNING THIS TITLE INSURANCE REPORT SHOULD BE DIRECTED TO: JEANNE ANSTETT, OFFICE MANAGER--631.369-0222 (FAX: 631-369-4020) PECONIC ABSTRACT, INC. P.O. BOX 1267, 405 OSTRANDER AVENUE, RIVERHEAD, NEW YORK 11901 TITLE NUMBER: 641-S.02652 SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or pamel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Summit Lane as shown on Subdivision Map, "Summit Estates, Section 3", filed in the Office of the Clerk of Suffolk County on May 21, 2002 as Map No. 10769, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Gus Drive, said point being situate the following three (3) courses and distances as measured along the northerly side of Gus Drive from the northerly terminus of the arc of a curve connecting the northerly side of Gus Drive and the westerly side of Shipyard Lane: 1) Along the arc of a curve to the right having a radius of 40.00 feet, a distance of 62.83 feet; 2) South 52 degrees 53 minutes 48 seconds West, 248.00 feet; 3) Along the arc of a curve to the left having a radius of 860.00 feet, a distance of 20.39 feet; RUNNING THENCE from said point of beginning westerly along the northerly side of Gus Drive along the arc of a curve to the left having a radius of 860.00 feet, a distance of 124.33 feet to Lot 26, Subdivision Map, "Summit Estates, Section 3"; RUNNING THENCE along Lot 26, Subdivision Map, "Summit Estates, Section 3", the following two (2) courses and distances: 1) Along the arc of a curve to the left having a radius of 40.00 feet, a distance of 59.94 feet; 2) North 42 degrees 36 minutes 12 seconds West, 157.50 feet to Lot 17, Subdivision Map, "Summit Estates, Section 2", filed in the Office of the Clerk of Suffolk County on May 21, 2002 as Map No. 10768 and the southerly terminus of Summit Lane, Summit Estates, Section 2"; RUNNING THENCE North 47 degrees 23 minutes 48 seconds East along the southerly terminus of Summit Lane, Summit Estates, Section 2, a distance of 50.00 feet to Lot 25, Subdivision Map, "Summit Estates, Section 3"; RUNNING THENCE along Lot 25, Subdivision Map, "Summit Estates, Section 3" the following two (2) courses and distances: 1) South 42 degrees 36 minutes 12 seconds East, 157.50 feet; 2) Along the arc of a curve to the left having a radius of 40.00 feet, a distance of 59.94 feet to the point or place of BEGINNING. TITLE NUMBER: 641-S-02652 EXCEPTION SHEET SCHEDULE A, IN WHICH ARE SET FORTH THE ADDITIONAL MATTERS WHICH WILL APPEAR IN THE POLICY AS EXCEPTIONS FROM COVERAGE, UNLESS DISPOSED OF TO THE COMPANY SATISFACTION PRIOR TO THE CLOSING OR DELIVERY OF THE POLICY: 1.) TAXES, LIENS, WATER RATES, SEWER RENTS AND ASSESSMENTS SET FORTH IN SCHEDULE HEREIN. 2.) MORTGAGES RETURNED HEREIN ( 1 ). DETAILED WITHIN. 3.) RIGHTS OF TENANTS OR PERSONS IN POSSESSION. 4.) IN THE ABSENCE OF A GUARANTEED SURVEY, THE EXACT COURSES AND DIMENSIONS IN SCHEDULE A HEREIN WILL NOT BE INSURED. 5.) ANY STATE OF FACTS AN ACCURATE SURVEY OF THE PREMISES WOULD SHOW. 6.) ANY STATE OF FACTS AN INSPECTION OF THE PREMISES MAY DISCLOSE. 7.) CLOSING DEED MUST CONTAIN A RECITAL AS TO THE GRANTORS SOURCE OF TITLE. 8,) CONTRACT OF SALE TO BE SUBMITTED TO COMPANY FOR EXAMINATION PRIOR TO CLOSING. 9.) COMPANY REQUIRES CERTIFIED FUNDS ON ANY CHECKS OVER THE AMOUNT OF $500.00. 10.)NOTE: EFFECTIVE SEPTEMBER 1, 2003, NEW YORK STATE LAW SECTION 633 IMPOSES FILING AND PREPAYMENT REQUIREMENTS ON NON-RESIDENT INDIVIDUALS, ESTATES OR TRUSTS SELLING OR TRANSFERRING A FEE SIMPLE INTEREST IN REAL PROPERTY LOCATED IN NEW YORK (OTHER THAN THE SALE OF A PRINCIPAL RESIDENCE AS THAT TERM IS DEFINED IN SECTION 121 OF THE IRS CODE). SECTION 663 REQUIRES THOSE SELLERS TO FILE A RETURN AND PAY ESTIMATED PERSONAL INCOME TAX LIABILITY ON THE GAIN, IF ANY, FROM SUCH SALE OR TRANSFER. PROOF OF SUCH PAYMENT (OR EXEMPTION FROM SAME) WILL BE REQUIRED BEFORE ANY DEED WILL BE ACCEPTED FOR RECORDING. / 11.) ALSO NOTE, THAT IF A POWER OF ATTORNEY IS TO SIGN THE FORM IT2663, FORM POA-I MUST ALSO BE ATTACHED TO THIS FORM TO BE SENT TO THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE. 12.)1F THE TITLE COMPANY IS REQUIRED TO PAY THE ABOVE MENTIONED PERSONAL INCOME TAX DIRECTLY, CERTIFIED FUNDS MUST BE SUBMITTED, AND AN ADDITIONAL $150.00 WILL BE CHARGED TO THE SELLER. 13.)CONSENT OF THE STOCKHOLDERS OF THE PROPOSED CONVEYANCE TO BE SUBMITTED TO COMPANY PRIOR TO, OR AT CLOSING. 14.) COVENANTS AND RESTRICTIONS IN LIBER 11271 PAGE 441. MORTGAGE SCHEDULE TITLE NUMBER: 641-S.02652 MORTGAGOR: GUSMAR REALTY CORP. MORTGAGEE: MASPETH FEDERAL SAVINGS AN LOAN ASSOCIATION DATED: 5/21/02 RECORDED: 6~6~02 LIBER: 20110 PAGE: 976 AMOUNT: $ 400,000.00 (PREMISES AND MORE) - TO BE RELEASED MUNICIPAL SEARCHES TAX SEARCH HEREIN Report Prepared for PECONIC ABSTRACT Title No. 641S02652 The unpaid taxes, water rates assessments and other matters relating to taxe~ which are liens at the date of this certificate are set forth below. Our policy does not insure against such items which have not become a lien up to the date of the policy or installments due after the date of the policy, Neither our tax search nor our policy covers any part of streets on which the premises to be insured abut, TOWN OF SOUTHOLD SOUTHOLD (NOT 1NC) SCHOOL DISTRICT 2 ASSESSED TO: GUSMAR REALTY CORP If the tax lots above mentioned cover more or less than the premises under exam- ination, this fact will be noted herein. In such cases, the interested parties should take the necessary steps to make the tax map conform to the description to be insured. CLASS 311 1.230 ACRES 1000-038.00-07.00-010.023 FKA !000.038.00-07.00.010.002 GUS DRIVE ASSESSED VALUE 100 / 100 NON-EXEMPT Disposition: 2003/2004 TOWN AND SCHOOL TAXES ..... TOTAL 1st HALF $29.06 PAID 3/10/04 2nd HALF $29.05 PAID 5/25/04 $58.1l DUE: 01/10 DUE: 05/3 ! PRIOR TOWN AND SCHOOL TAXES PAID. WATER AND SEWER CHARGES, IF ANY, NOT SEARCHED. THEREFORE, PLEASE REQUEST THE SELLER OR BORROWER TO PROVIDE RECEIPTED OR UNPAID BILLS· RLrN DATE: 10/08/04 SUBJECT TO CONTINUATION Recent payments of any items returned on this tax search may not yet be reflected on the public records. Therefore please request the seller or borrower to have the receipted bills available at closing. SUNRISE RESEARCH CORP. II (I) (4) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOILMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1300 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Superintendent of Highways Peter W. Harris Town Engineer James Richter Town Attorney Patricia Finneg~--~,x From: Town Clerk Elizabeth Neville :~ Re: Proposed Highway Dedication of Summit Estates Subdivision, Sec. 1, 2, & 3 Date: November 9, 2004 Transmitted are all documents and maps relative to this proposed highway dedication. Please review them for accuracy and send me your written recommendations. Thank you. E-MAIL: pacatty~optonline.net FAX. NO. (631) 765-5902 CAMILLE LUCARINI 53345 MAIN ROAD (FEATHER HILL) P.O. BOX 846 SOUTJtOLD, N.Y. 11971-0846 (631) 765-5900 LISA M. PENNY November 8, 2004 RECEIVED Town of Southold 55025 Main Road Southold, NY 11971 ATTENTION: ELIZABETH NEVILLE, TOWN CLERK NOV 10 Southol,I Town Cle RE: SUMMIT ESTATES SUBDIVISION - Sections 1, 2 and 3 SCTM #'s 35-8-5.17, 5.18, 38-7-10.10, 38-7-10.23 Dear Ms. Neville: Please be advised that ~ve represent Gusmar Realty Corporation. On behalf of Gusmar Realty Corporation, we are herewith submitting a formal application for final dedication of the roads to the Town of Southold. We are simultaneously herewith xve requesting the Planning Board to have the two performance bonds released on the above-referenced subdivision. Please advise this office if you require any additional information. Thank you. PAC/cgl Ve[y truly yours, PAUL A. CAMINITI TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: MARINA LANE AND SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA APPLICATION To the Town Superintendent of Highways of the Town of Southold in the County of Suffolk and State of New York; The undersigned petitioner, GUSMAR REALTY CORPORATION, as owners of MARINA LANE AND SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA, a New York Corporation having its principle place of business at 13-15 37th Avenue, Long Island City, NY 11101, liable to be assessed for highway taxes in the Town of Southold, hereby to apply to the Town Superintendent of Highways to lay out new highways at East Marion, in the Town of Southold, County of Suffolk and State of New York as follows: 1. The highways known as MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA as shown and designated, on a certain map entitled "Map Of Summit Estates, Section One," situate at East Marion, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on November 22, 1993 as Map No. 9426, "Map of Summit Estates, Section One." Map of said proposed highway has been made by Young & Young, Professional Engineers and Land Surveyors, and are annexed hereto and made a part of the application together with a release and application to the Town of Southold by the petitioner herein, over whose property said highway is to run. GUSMAR REALTY CORPORATION. By: .-~-~, Y ~.- ~ ~d~ STATE OF NEW YORK ) G~0c~-4-2'> ) ss.: COUNTY OF SUFFOLK ) On the ~'~ day of October in the year 2004 before me, the undersigned, personally appeared Pantel±s Fak±r±$ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION for for the Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: MARINA LANE and SUMMIT LANE (f/Fda Chios Lane) and "DRAINAGE AREA". DEDICATION and RELEASE We, GUSMAR REALTY CORPORATION, being the owners of certain land in East Marion, Town of Southold, Suffolk County, New York, and included within which land is proposed highways known as MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA described in the above matter dated October 20, 2004; NOW THEREFORE, in consideration of One ($1.00) Dollar to us in hand paid by Peter Harris, Superintendent of Highways of Said Town of Southold, and in further consideration of laying out the new highways known as MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) and DRAINAGE AREA do hereby release and dedicate to Town of Southold all the land heretofore owned by us within said proposed highways as follows: The highways known as MARINA LANE and SUMMIT LANE ( f/k/a Chios Lane) and DRAINAGE AREA as shown and designated, on a certain map entitled "Map Of Summit Estates, Section One," situate at East Marion, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on November 22, 1993 as Map No. 9426, "Map of Summit Estates, Section One." And we do release the said Town of Southold from all damages by reason of the layout out of the said highway. GUSMAR REALTY CORPORATION. P~n~elis Fakiris, P~es-idlent STATE OF NEW YORK ) ) ss.: COUNTY OF ~ ) On the ~-~ day of October in the year 2004 before me, the undersigned, personally appeared PANTELIS FAKIRIS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. DONNA ~. IIFUBAUE~t ~OI'ARY Pb~!~ ,C, No. 4i-4796600 lorm Expires Septemb= Not~ Public TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk County, New York to be known as: MARINA LANE AND SUMMIT LANE (f/k/a Chios Lane) AND DRAINAGE AREA CONSENT WE, the undersigned, being a majority of the Town Board of the Town of Southold in the County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the day of ,2004 and having duly considered the application of GUSMAR REALTY CORPORATION dated the day of ,2004, for the laying out of new highways at Southold, Town of Southold, to be known as MARINA LANE AND SUMMIT LANE (f/k/a Chios Lane) AND DRAINAGE AREA do hereby consent that such laying out be made in accordance with said petitioner. Supervisor Josh Horton Town Clerk Elizabeth Neville Superintendent of Highways Peter Harris Town Justice Town Councilman Town Councilman Town Councilman Town Councilman TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of GUSMAR REALTY CORPORATION For Laying Out of Highways in East Marion, Town of Southold, Suffolk Cotmty, New York to be known as: MARINA LANE and SUMMIT LANE (f/Fda Chios Lane) THE TOWN BOARD AND DRAINAGE AREA ORDER LAYING OUT THE HIGHWAYS WITH THE CONSENT OF WRITTEN application having been duly made to me, the Town Superintendent of Highways for Southold, Suffolk County, New York, for the laying out of Town Highways in the said Town of Southold by GUSMAR REALTY CORPORATION, liable to be assessed for highway taxes in said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed to be laid out, and a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town of Highways be and the same are hereby laid out at Southold, in the Town of Southold as follows: 1. The highways known as MARINA LANE and SUMMIT LANE (f/k/a Chios Lane) and "DRAINAGE AREA", as shown and dedicated on a certain map entitled "Map of Summit Estates, Section One," situate at East Marion, Town of Southold, Suffolk County, New York, surveyed by Young and Young and filed in the Office of the County of Suffolk on November 22, 1993 as Map Number 9426. Dated, the day of .,2004. PETER HARRIS Town Superintendent of Highways Town of Southold Suffolk County, New York Form 8002 (9~99) - 20M -- Bargain and Sale De, ed, with Covenants against Grantor's Acts--Individual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INBTHUMENT ~ THIS INSTRUMENT SHOULD SE USED BY LAWYERS ONLY. THIS INDENTURE, made the day of C~7~TC>3~/~- , ~OEgq( and BETWEEN GUSMAR REALTY CORP., a domestic corporation, with offices located at 13-15 37th Avenue, Long Island City, NY 11101 party of the first part, and TOWN OF SOUTHOLD, Southold Town Hall, No # Main Road, Southold, NY 11971 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 plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ANNEXED LEGAL DESCRIPTION MADE PART HEREOF SAID PREMISES being a part of the premises described in the deed to the grantor recorded in Liber 11955 page 460. THIS CONVEYANCE is made by the party of the first part during the normal course of business and with the unanimous written consent of the shareholders of Gusmar Realty Corporation. TOGETHER with all right, title and interest, if any, of the party of the first part, 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 covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consider- ation 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: GUSMAR REALTY CORPORATION P~qTELIS FAKIRIIS, PRESIDENT 'oNd!z L£6LL AN 'Q~OH~aOS Q¥O~ NI~ '6LLL XO~ O~ ~H NMOA Q~OH~OS ~D NMOA ~OHAflOS :OJ. 11¥fl AB Nt:JIg.L.RI:I (/IOHJZ]OS / A~I(k{_~S NMOIBO ,%LNnOO ~L°S 'LL'§ 8 ~0018 ~u~dmo3 ~u~n~ul ~11~ o~.~3 (/IOHJ~OS ~O TNMO~ SI NOI.T,~{Od~OD /~L~IVA~ ~SDD · (ue~el se/~ lueujs§pel/~tou~oe eqi eOeld JeLl,O JO ,{Jlunoo JO e~eis sql pus uo!s!^!pqns leO!i!lod Jo Kl!O sql ppe) 'euJ eJojeq ' peJeadde ,~lleUOsJed 'peu§!sJepun (,{JlunoO Jo uo]ssessod V[JOi!JJe/'e!qujnloO jo lo!Jls!a :~Jesu! JO). jo/[lunoO ' jo elelS. elms ~lJoA ~eN ePlslno ue~l luemeBPelMOmlOv · lueujnJlsu! sql pelnsexe 'palos (s)lenp!A!pu! eql LIO!q~ JO ~leqeq uodn uosJed eq1 Jo (S)lenP!^!pu! eLli 'lueu~nJmu! sql us (s)eJnleu§!s J!eql/Jeq/s!q Aq mql pus '(se!),{l!oedeo J!eql/Jeq/s!q u! eujes eq~, pelnoexa ,~eql/eqs/eq leql euj ol pe§pel~ou)loe pus lueujnJlsu! u!ql!/~ sql Ol peqposqns s! 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' jo Asp aql uo jo/~lunoo '~JoA ~eN jo amis .~-.-~/?~"~ Jo ~luno0 '4JO~ ~eN Jo elate ellis )IJOA MeN Ul ue~e~, ~,ueuJefiPelMou)lo~ TITLE NUMBER 641-S-02650 CHIOS LANE (SUMMIT LANE) AND MARINA LANE ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MARINA LANE WHERE SAME IS INTERSECTED BY THE WESTERLY SIDE OF SHIPYARD LANE WITH THE SOUTHERLY SIDE OF MARINA LANE; THENCE ALONG THE SOUTHERLY SIDE OF MARINA LANE SOUTH 52 DEGREES 14 MINUTES 08 SECONDS WEST 362.06 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 2855.00 FEET A DISTANCE OF 100.90 FEET; THENCE SOUTH 54 DEGREES 15 MINUTES 38 SECONDS WEST 100.17 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 62.83 FEET TO THE EASTERLY SIDE OF SUMMIT LANE (CHIOS LANE); THENCE SOUTH 35 DEGREES 44 MINUTES 22 SECONDS EAST 195.00 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 120.32 FEET A DISTANCE OF 166.66 FEET; THENCE SOUTH 25 DEGREES 06 MINUTES 12 SECONDS EAST 50.00 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 170.32 FEET A DISTANCE OF 35.58 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF170.32 FEET A DISTANCE OF 180.30 FEET; THENCE NORTH 35 DEGREES 44 MINUTES 22 SECONDS WEST 404.01 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 34.53 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 60.00 FEET A DISTANCE OF 292.08 FEET; PAGE 2 THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 34.53 FEET; THENCE SOUTH 35 DEGREES 44 MINUTES 22 SECONDS EAST 79.01 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 62.83 FEET; THENCE NORTH 54 DEGREES 15 MINUTES 38 SECONDS EAST 100.17 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 2805.00 FEET A DISTANCE OF 99.14 FEET; THENCE NORTH 52 DEGREES 14 MINUTES 08 SECONDS EAST 362.06 FEET; THENCE ALONG AN ARC OF A CURVE HAVING A RADIUS OF 40.00 FEET A DISTANCE OF 62.83 FEET TO THE WESTERLY SIDE OF SHIPYARD LANE; THENCE ALONG THE WESTERLY SIDE OF SHIPYARD LANE SOUTH 37 DEGREES 45 MINUTES 52 SECONDS EAST 130.00 FEET TO THE POINT OR PLACE OF BEGINNING. TITLE NUMBER 641-S-02650 RE-CHARGE BASIN ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF SUMMIT LANE (CHIOS LANE) WHERE SAME IS INTERSECTED BY THE DIVISION LINE OF LOT 17 ON MAP OF SUMMIT ESTATES SECTION 2; THENCE SOUTH 06 DEGREES 23 MINUTES 29 SECONDS EAST 115.00 FEET; THENCE SOUTH 78 DEGREES 22 MINUTES 24 SECONDS EAST 118.03 FEET; THENCE SOUTH 20 DEGREES t8 MINUTES 14 SECONDS WEST 173.64 FEET; THENCE SOUTH 55 DEGREES 27 MINUTES 28 SECONDS WEST 160.97 FEET; THENCE NORTH 34 DEGREES 32 MINUTES 32 SCONDS WEST 185.38 FEET; THENCE NORTH 55 DEGREES 27 MINUTES 28 SECONDS EAST 200.18 FEET; THENCE NORTH 06 DEGREES 23 MINUTES 29 SECONDS WEST 127.40 FEET TO THE SOUTHERLY SIDE OF SUMMIT LANE (CHIOS LANE); THENCE ALONG AN ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 170.32 FEET A DISTANCE ALONG SAID CURVE OF 20.05 FEET TO THE 1sT ABOVE MENTIONED DIVISION LINE AND THE POINT OR PLACE OF BEGINNING. irst American Title Insurance Company of New York TP-584 (10/03) New York State Department of Taxation and Finance [ Combined Real Estate _ Transfer Tax Return, · Credit Line Mortgage Certificate and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording Office Time Stamp See instructions (TP-584-0 before completing this form. Please print or Ope Schedule A - Information Relating to Conveyance Grantor/Transferor ~ Name (if individual, last. first, middle initial) Social Security Number [] Individual GUSMAR REALTY CORPORATION I I __ [] Corporation ~Mailing address Social Security Number [] Partnership 13-15-37THAVENUE I I __ [] Estate Trust City State ZIP code Federal employer idem. Number [] Other LONG ISLAND CIT}g NY 11101 Grantee/Transferee Name (if individual, last. first, middle initial) Social Security Number TOWN OF SOUTHOLD [ [] Individual [] Corporation Mailing address So¢ia~ Security Number [] Partnership NO # MAIN ROAD I I [] Estate Trust City State ZIP code Federal employer ident. Number [] Other SOUTHOLD [ NY 11971 I Location and description of property conveyed .......... ?'~'~i¥~- ........... '1 ......................................... ×~a~ ........................................... ~7-~)~¥r~g~-'['- %'~ ........ ~'"" c~i~ .... '3g .............. ~ ............... ~_Ki.% ............. ~ON ~ F S.~S L .................... J .................. J .................... ~ ........................................................................................................................ ' Type of property conveyed (check applicable box) 1. [] one- to three family house 5. [] Commercial/Industrial 2. [] Residential cooperative 6. [] Apartment building 3. [] Residential Condominium 7. [] Office building 4. [] Vacant land 8. [] Other ROAI~. DEDICATION Date of conveyance [ I 12ooq mouth day year Percentage of real property conveyed which is residential real property 100% (see instructions) Condition of conveyance (check all that apply) a.[] Conveyanceoffeeinterest £ [] b. [] Acquisition of a controlling interest (state pemantage acquired %) c. [] Transfer ora controlling interest (state percentage transferred __.%) g' [] d. [] Conveyance to cooperative housing corporation h.[] e. [] Conveyance pursuant to or in lieu of foreclosure or enforcement of securiW interest (attach Form TP-584.1. Schedule i. [] E) j.[] Conveyance which consists of a k. [] Contract assignment mere change of identity or form of I. [] Option assignment or surrender ownership or organization (attach Form 77>-584. l Schedule F) m. [] Leasehold assignment or surrender Conveyance for which credit for tax n. [] Leasehold grant previously paid will be claimed o. [] Conveyance of an easement (attach Form TP-584 1 Schedule G) p. [] Conveyance for which exemption from Conveyance of cooperative transfer tax is claimed (complete Schedule B. apartment(s) Part IIh Syndication q. [] Conveyance of property partly within and Conveyance of air rights or partly without the state development fights r. [] Other (describe) ~ FirstAmerican Title Insurance Company of New York Page 2 of 4 TP-584 (10/03) ' I Schedule B - Real Estate Transfer Tax Return (Article 31 of the Tax Law) Part I - Computation of Tax Due 1. Enter am~unt ~f c~nsidemti~n f~r the c~n~eyan~e (if y~u are c~aiming a t~ta~ exemp~i~ fr~m tax. check the e.xemption claimed box. enter consideration and proceed to Part I11) ................................ [] Exemption claimed 2. C~ntinuing~iended~~cti~n(seeinstructi~nsifpr~per~'istakensubjectt~m~rtgage~rlien) .................................... 3. Taxableconsideration(subtractline2fromlinel9 ......................................................................................... 4. Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 .......................................... 5. Amountofcreditclaimed(seeinstructionsandanachFormTP-584. l, ScheduleG9 ............................................. 6. Total tax due * (subtractline 5frorn line4) .................................................................................................... 1. O O0 2. (000) 3. 0 O0 4. 0 00 S. (000) 6. 0 00 Part I1 -Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More 1. Enter amount of consideration for conveyance (from Part L line l) ............................................................ 2. Taxable consideration (multiply line 1 by the percentage of the premises which is residential real properO, as shown in Schedule A)... 3. Total additional transfer tax due* (mulnply line 2 by l% (.Ol~) ...................................................................... Part III -Explanation of Exemption Claimed in Part I, line I (check an), boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their insmnnentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............................................................................ a b. Conveyance is to secure a debt or other obligation ............................................................................................................... b c. Conveyance is without additional consideration to confum, correct, modify or supplement a prior conveyance ................ c d. Conveyance of real property is without consideration and not in connection with a sale. including conveyances conveying realty as bona fide gi~s ........................................................................................................................................ d e. Conveyance is given in connection with a tax sale ............................................................................................................... e Conveyance is a mere change of identity or form of ownership or orgamZation where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Atxach Form TP-584.1, Schedule F ....................................... f g. Conveyance consists of deed of partition ............................................................................................................................... g h. Conveyance is given pursuant to the federal bankruptcy act ................................................................................................ h i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real property without the use or occupancy of such property ................. i Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1 -, 2-, or 3-family house, aa individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an inff~vidual residential cooperative apartment ......................................................................................................................... j k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents supporting such claim) ....................................................................................................................................... k 1. Other (attach explanation) ..................................................................................................................................................... 1 *Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If no recording is required, send this return end your check(s) made payable to the Department of Taxation and Finance. directly to the NYS Tax Department, TTTB-Transfer Tax, PO Box 5045, Albany NYl2205-5045. ~ First,4merican Titlelnsurance Company of New York Page 3 of 4 TP-554 (10/033 lSchedule C - Credit Line Mortgage Certificate (Article 11 of the Tax Law) Complete the following only if the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) l. [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: [] The transfer of real property is a transfer ora fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer ora court. The maximum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. PLEASE NOTE: for purposes of detcrmthing whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation). 3. [] The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in __ (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is · No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to counO, clerk where deed will be recorded or, if the recording is to take place in New York City. make check payable to the NYC Department of Finance.) ISignature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, true and complete. PA.N'YELlS FAKIRS, PRES[DENT, Grantor~ Title TOWN OF SOUTHOLD, Orantce signature Title signature , Grantor signature Title , Grantee signature Title Reminder: Did you complete all of the required Information in Schedules A and B? Were you required to complete Schedule C? If you checked e, f or g In Schedule A, did you complete TP-584.1 ? Have you attached your check(s) made payable to the county clerk where recording will take place or, If the recording Is In New York City, to the NYC Department of Finance? If no recording Is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, Tt'll~-Transfer Tax, PO. Box 5045, Albany NY 12205-5045. ~ FirstAmerican Title Insurance Company of New York Page 4 of 4 TP-584 (10/03) Schedule D - Certification of exemption from the payment of estimated personal income tax (Article 22, Tax Law section 663) Complete the following only if a fee simple interest Is being transferred by an individual or estate or trust. Part I - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachmcm to Form TP-58~-), you must sign the certification below, if one or more transferor(s)/seller(s) of the property is a rasidem of New York State, each resident transferor(s)/seller must sign in thc space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferor(s)/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)/seller(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law section 663(a) upon the sale or transfer of this propert3,. ~ ~ Pantelis Fakiris /g7 __ liar[ r ' ~. / Print full name Date Signature Print full name Date Signature IhSnt full name Date NOTE: A resident of New York State may still be required to pay estimated tax under section 685(c), but not as a condition of recording a deed.. Part II - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor(s)/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated tax because one of the exemptions below applies under section 663(d) of the Tax Law, check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under section 663 of the Tax Law. Each nonresident transferor(s)/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and subn~t as may schedules as necessary to accommodate all nonresident transfero~s)/sellers. If none of these exemption statements apply, you must use Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, and pa), the full amount of estimated tax, if any, to the recording officer at the time the deed is presented for recording. Exemption for nonresident transferor(s)lseller(s) This is to certify that at the time of the sale or transfer of the real property, the transferor(s)/selle~s) (grantor) of this property was a nonresident of New York State, but is not required to pay estimated tax under Tax Law section 663 due to one of the following exemptions: [] The property being sold or transferred was used exclusively as the transferor's/seller's principal resident (within the meaning of section 121 of the Internal Revenue Code) from to __ (see instructions). [] The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. [] The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the sate of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date irst American Title Insurance Company of New York Peconic Bay Region Community Preservation Fund East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Southold 10 Please print or type Schedule A - Information Relating to Conveyance Grantor Social Secuffiy Number [] Individual Name (if individual, last. first, middle initia0 I I [] Corporation GUSMAR REALTY CORPORATION [] Partnership Mailing address Social Security Number [] Other 13-15 37TH AVENUE I I City State ZIP code Federal employer ident. Number LONG ISLAND CIT)/ NY 11101 Grantee Social Secunty Number [] Individual Name (tfindivMual, last. first, middle iniaal) I I f~ Corporation TOWN' OF SOUTHOLD [] Parmership Mailing address Social Security Number [] Other NO # ~IN ROAD I I Federal employer ident. Number City State ZIP code SOUTHOLD NY 11971 I Location and description of property, conveyed 3s I g / s. tT, i ~naio~ [ ! .............. ] ..................... L_5¢S. ............. J ..................................................................................................................................... L ........................ i ................................. Type ofproperly conveyed(check applicable box) [] Improved Date ofconveyance [] Vacant land LoathI 12°°4l da). ),ear I I 1200al month da), )'ear Dual Towns: Condition of conveyance (check all that apply) a ~ Conveyance of fee interest b [] Acquisition of a controlling interest (state percentage acquired %) c [] Transfer ofa con~'olling interest (state p~centage transferred %) d [] Conveyance m cooperative housing corporation e [] Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest f [] Conveyance which consists of a mere change of identity or form of ownership or organization g [] Conveyance for which credit for tax previously paid will be claimed h [] Conveyance of cooperative apartment(s) i [] Syndication j [] Conveyance or air rights or development rights k [] Contract assignment I [] Opt/on a~signment of surrender m [] Leasehold assignment or surrender n [] Leasehold grant o [] Conveyanceofan easement p [] Conveyance for which exemption from is claimed (complete Schedule B. Part Il) q [] Conveyance ofproper~ partly within and partly without the state [] Oth~ (describeJ ISchedule B - Community Preservation Fund Part I - Computation of Tax Due IEnteramountofconsiderationfortheconveyance(fromlinelTP-584ScheduleB9 ................................................. Iii 2 Allowance (see below) ..................................................................................................................................... 3 Taxable consideration (subtract line 2from line 1) ......................................................................................... 4 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK S Property not subject to CPF Tax (See Part II) .................................................................................................. [] 00 00[00 Allowance: East Hampton Shelter Island Southampton Riverhead .~o_,~!.,~ ...................... $250,000.00 Improved $250,000.00 Improved $250,000.00 Improved $150,000.00 Improved ..~! sP~,~:~0..!~?~.~ ................ $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $75,000.00 Vacant Land (Unimproved) .. ~s~_,~:~E~s~..~.~,~..~!~ .................................... First American Title Insurance Company of New York Schedule B - (continued) ] Part II -Explanation of Exemption Claimed in Parr I, line 5 (check att3, boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact x~ith another slate or Canadal ....................................................................................................................................................... a [] b. Conveyance is to secure a debt or other obligation ................................................................................................................ b [] c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ........... c [] d. Conveyance of real properb, is without consideration and not in connection with a sale, including conveyances conveying realD as bona fide gifts .................................................................................................................................................................................... d [] e. Conveyance is given in connection with a tax sale ......................................................................................................... e [] fi Conveyance is a mere change of identity or form of ownership or organization where there is no change ~n beneflcml ownership. (Tins exemption cannot be claimed for a conveyance to a cooperative housing corporation of real propert_,, comprising the coopcmme dwelling or dwellings.) .......................................................................................................................................... t [] g. Conveyance consists of deed ofpartitien .................................................................................................................................... g [] h. Conveyance is given pursuant to the federal bankruptcy act .................................................................................... h [] i. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property ........................................... i [] Conveyance of real property which is subject to restrictions which prohibit the use of the entire property tbr any purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee (2) (j) or (k) of A~ticle 3 I-D of the Tax Law ~See required Tmon approval, below) Conveyance of real property for open space, parks, or historic preservation purposes to an) not-for-protit tax exempt corporanon operated for conservation, environmental, or historic preservation purposes .......................................................... k [] Other -- list explanations in space below (Grandfather/Conrcact) ....................................................................................... I [] m. The conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Sectton 1449-cc of At ticlc 31 -D of the Tax law (seej in Schedule C) ................................................................................................................ m [] Penalties and Interest Penalties Any grantor or grantee failing to file a return or to pay any tax within thc time required shall be subject to penalty of 10% of the amount of tax due plus an interest penalty of 2% of such amount for each month of delay or fraction thereof at, er the expiration of the first month at, er such return was required to be filed or thc tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Interest Daily compounded interest will be charged on the amount of the tax due not paid with the time reqmred. *****By signing the following, the buyer and seller further represent and attest to the fact that for property lying within Southold Town, a validly execnted contract was in effect prior to March 1, 1999 and that for ali other towns subject at the CPF tax, a validly ex~uted contract was in effect prior to April 1, 1999. Seller Buyer The undersigned certify that the above return, including any certification, schedule or artachment, is to the best of his, her knowledge, true and complete. Signature (both the grantor(s) and grantee(s) must sign). Gu/~ar Realty Corp. Gran~r Pantelis Fakiris, Pres. Grantee Title PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY I ~ Cl. SWIS Code I ~ ~ ~ ~ ~ I REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2. Date Deed Recorded I I Month / Day / Year I STATE BOARDRpOP REAL. 5217PROPERTY SERVICES C3. Book ] I I I I C4. Page I I I I I P~-S.~t? R., ~// PROPERTY INFORMATION l'Pr°Per~'I NO # I MARINA LANE, SUIvir,~IT ESTATES, SECTION 1 J I EAST MARION I TOWN OF SOUTHOLD I 11939 I ~. BuVe, I TOWN OF SCTJ'THOLD I [ I I I LAST NAME, COMPANY FIRST NAME B. Tax Indicate where future Tax BiUs are to be sent Billlnif if other than buyer address (at bottom of form) I I STREBT NUMBER AND STREET NAME CITY OR TOWN 4, Indicate the number of Assessment Roll parcels transferred on the deed I ,2 I # of Parcels OR Part of a Parcel 5.17 = 1.11 A 5. Deed Property L Ixl 5.18 =J~'191,A, , Size FRONT FEET DEPTH ACRES I FIRST NAME (Only if Pant of a Parc·i) Check as they apply: 4A. Planning Board with Subdivision Authority Exists [] 48. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] FIRST NAME I 7. Check the box below which most a~curatefy describes the use of the property at the time of sale: 2 or 3 Family Residential Residential Vacant Land Non-Residential Vacant Land SALE INFORMATION I Sale Contract Date I 11. Commercial Industrial Apartment Public Service Entertainment / Amusement Forest / / I Month Gay Year 12. Date of Sale / Transfer I / / I Month Day Year 13. Full Sale PriceI , , , , , , , , 0 , 0 , 0 I <Full Sale Price is the total amount paid for the property including personal property, This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.) Please round to the nearest whole del~ar amount. 14. Indicetethe value of personal I , , , , ~1 , 0 , 0 I property included in the sale ~ ~ - e ASSESSMENT iNFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessmeo~l~ f~om 103/04 which information ~ke~ o 17. Total Assessed Value {of all parcels in transfer) I 5.17 821 ,B. erobenv Class5 ' ~ 8,6 9,2 I-I I 19. School District Name I # 2 Check the boxes below as they apply: 8. Ownership Type is Condominium [] 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District r~ 105. Buyer received a disclosure notice indicating ~ that the property is inen Agricultural District 15. Check one or more of the~e conditions as applicable to transfer: .A, Sale Between Relatives or Former Relatives ]~ = Sale Between Related Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) ~ignificant Change in Properb/BeWveen Taxable Status and Sale Date~ Sale of Business is Included in Sale Price [ Other Unusual Factors Affecting Sale Price (Specify Below) J None 'i~_nAn n'k-~Tr'ArpTn~ ~ MTINT~.TPAT,TTY 100 20. Tax Map Identifier{s) / Roll Identifier{s) (If more than four, entaeh sheet with additional identifier(s)) 1000-35-8-5.17, 5.18 [ J I J I CERTIFICATION I BUYER BUYER'S ATTORNEY I CITY OR TOWN STATE ZIP CODE SELLER LAST NAME FIRST NAME AREA CODE TELEPHONE NUMBER I NEW YORK STATE STREET NUMBER STREET NAME (AFTER SALE) PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@ town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.sout hold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco~,town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD September 7, 2005 BY HAND Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 RE: Rockcove Estates Road Dedication Dear Mr. Cuddy: I am pleased to enclose the original Dedication and Release and Bargain and Sale Deed in connection with the referenced matter, which are now ready for recording with the Suffolk County Clerk. Kindly acknowledge receipt of the enclosed original documents by signing the copy of this letter where indicated below. If you have any questions regarding the enclosed, please feel free to call me. Very truly yours, Secretary to the Town Attorney /Ik Enclosures cc: Ms. Elizabeth Neville, Town Clerk RECEIVED BY: Date: Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed. Mortgage Instrument Page / Filing Fee Handling TP-584 Notation EA-5217 (Counts') EA-5217 (State) R.P. TS.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other O0 5. 00 Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Grand Total Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO ff NO, see appropriate tax clause on page g. of tiffs instrument. lO00 4 District Real Property Tax Service Agency Verification 033.00 03.00 019.026 & Section Block 6~ Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: ELIZABETH NEVILLE, TOWN CLERK TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971-0959 Co. Name Title # Preservation Fund Consideration Amount $ CPF Tax Due $ 0 Improved Vacant Land TD TD TD Title Company Information PECONIC ABSTRACT PAC-1994 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DI~.FIT~.rpTCIIq ~wn wwv.~a~ made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in EAST OF EDEN, LLC SUi~i~OLKCOLrNTY, NEWYORK. TO In the Township of SOUTNOLD TOWN OF SOUTHOLD IntheVILLAGE or HAMLET of c. ww.~wpo RT BOXES 6 THROUGH 8 MUST BE TYPED OR PRIYq rl:~D IN BLACK INK ONLY PRIOR TO RECORDING OR FILING DIST. 1000 SECT. 033.00 BLOCK 03.00 LOT 019.024 019.026 TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of East of Eden, LLC, for the Laying Out of Recharge Basin and New Highways in Greenport, Town of Southold, Suffolk County, New York, to be known as: SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT DEDICATION AND RELEASE East of Eden, LLC, a New York limited liability company, having its office at 230 East 854 Street, New York, NY 10028, being the owner of certain land in Greenport, Town of Southold, Suffolk County, New York, and included within which land are proposed highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and RECHARGE BASIN more particularly described in Schedule "Al" and Schedule "A2" attached hereto and made a part hereof. NOW THEREFORE, in consideration of ONE ($1.00) Dollar to us in hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and RECHARGE BASIN do hereby release and dedicate to the Town of Southold all of the land heretofore owned by East of Eden, LLC within said proposed highways and recharge basin as follows: 1. The highway known as SOUND DRIVE as shown and designated on a certain map entitled, "Map of Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 2. The highway known as INLET POND ROAD, as shown and designated on a certain map entitled, "Map of Rockcove Estates" and flied in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 3. The highway known as ROCKCOVE LANE, as shown and designated on a certain map entitled "Map of Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 4. The highway known as CAIOLA COURT, as shown and designated on a certain map entitled "Map of Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 5. RECHARGE BASIN as shown and designated on a certain map entitled "Map of Rockcove Estates" and filed in the office of the Clerk of the County of Suffolk on June 11,2001, as Map No. 10637. And East of Eden, LLC does release the said Town of Southold from all damages by reasons of the laying out of the said highways and recharge basin. East of Eden, LLC Benn~la, Member STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the~ day of-.~fr?in the year 2004, before me, the undersigned, personally appeared BENNY CAIOLA, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. TITLE NUMBEE: PAC-t994 · Amended 8/15105 SCHEDULE "At DESCRIPTION "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the right, having a radius of 600.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 139.54 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 600.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 54 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 14 degrees 44 minutes 50 seconds West, 50.01 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the left, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South t5 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. TITLE NUMBER: PAC-1994 Amended 4/t6/05 SCHEDULE "A~DESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 611112001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, South 77 degrees 10 minutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed. Mortgage Instrument Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.ETS.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 5. 00 Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Grand Total Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 1000 .00 District Section Real Property Tax Service Agency Verification 03.00 019.026 and 1 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: ELIZABETH NEVILLE, TOWN CLERK TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971-0959 Comumnlt~ Preservation Fund Consideration Amount $ n CPF Tax Due $ Q Improved Vacant Land __ C~Name PECONIC ABSTRACT Title# PAC-1994 8 Suffolk County Recording & Endorsement Page This page forms part of the attached _mARG~'r~ axxn aA?? (SPECIPY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. made by: In the Towns[tip of SOUTHOLD EAST OF EDEN, LLC TOWN OF SOUTHOLD In the VILLAGE or HAMLET of GREENPORT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DIST. 1000 SECT. 033.00 BLOCK 03.00 LOT 019.024 019.026 NY 005 - Bargain and Sale Deed ,~ ith Covenant against Grantor'$ Ac~s [ndi~ iduai or Corporation (Single Sheet) (NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUM~N"f - THIS INSTRUMENT SHOULD BI~ USED BY LAWYERS ONLY THIS INDENTURE, madethetxC'.c~.)xvk' dayof August ,intheyear 2005 BETWEEN EAST OF EDEN, LLC, a New York limited liability company, having its principal place of business at 230 East 85th Street, New York, New York 10028 part5' of the first part, and . TOWN OF SOUTHOLD, a municipal agency, havmg-lt~ principal, placo,~basi~ss at 53095 Route 25, Southold, New New York 11971 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 plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Greenport, Town of Southold, County of Suffolk, State of New York, known and designated as the roads and recharge basin shown on "Map of Rockcove Estates", fried in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637; more particularly described in SCHEDULE "Al" and SCHEDULE "A2" attached hereto and made a part hereof. BEING AND INTENDED TO BE part of the same premises conveyed to Grantor by deed dated June 19, 2002, and recorded in the Office of the Suffolk County Clerk on October 23, 2002, in Liber 12216, Page 336. 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 covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section l 3 of the Lien Law. covenants that the pan'y of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 dui3., executed this deed the day and year first above written. IN PRESENCE OF: EAST OF EDEN, LLC ~ 'f By:~l~Caiola, Member ~ fSE ACKNOWLEDGMENT FORM BELOW WITHIN NEW YORK STATE ONL Y: On the~y of August in the year 2005 before me. the undersigned, personally appeared BENNY CAIOLA personally known to me or proved to me on the basis of satisfactoE} evidence to be the individual(sO whose name¢~.) is (a~,) subscribed to the within insa'ument and acknowledged to me that h~ executed the same in his~ capacity(i~9, and that by his~..zr/t~-~L- signature(,~, on Ihe insWaman't, the individuali:s'), or the person upon behalf of which the individual~) a~nt. l~l'otary Publl~. ~i"ta~ of Regis~'ation # 01BI4775489 Quallfi~l in Wostchestcr Co~l~ Commiaaion F. xpiros May State of New York, County. of } ss.: On the day of in the year before me. the undersigned, personally appeared the subscribing wimess r.o the foregoir~g instrument, with whom I am personally acquainted, who. being by me duly sworn, did depo~ and say that he/she/they reside(s) in (if the place of residence is in a c ty, include the street at~ street number !fany, thereo~) that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing wimess was pmsant and saw said execute the same: and that said wimess at the same time subscribed his/her/their name(s) as a witness thereto. State of New York, County of } ss.: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfacto~ evidence to be the individual(s) whose name(s) is (are) subscribed to the within insU'ament and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instmmant, the individual(s), or the person upon behaif of which the individual(s) acted, executed the instrument. ACKNOWLEDGMENT FORM FOR USE OUTStDE NEW YORK STATE ONLY: [Out of State or Foreign General Acknowledgment Certificate} (Complete Venue wtth State, Country, Province or Municipality) On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactnr3} evidence to be the individual(s) whose name(s) is (are) subscribed tn the within insaument and acknowledged to me that he/sbe/they executed the same in ins/her/their capanity(ies), that by ins/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). ~TLENO. BARGAIN & SALE DEED Peconic Abstract PAC-1994 EAST OF EDEN LLC TO TOWN OF SOUTHOLD FIDELITY NATIONAL TITLE OINSURANCE COMPANY ~ d,~'~ ~ Fidelity ~2)~/ DISTraCT 1000 SECq~ON 033. 04~ BLOCK 03. 00 LOT 019.024 & 019.026 COUNTY OR TOWN SOUTHOLD RECORDED A T REQUEST OF Fidelity National Title Insurance Company RETURN BY MAIL TO ELIZABETH NEVILLE, TOWN CLER TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971-0959 TITLE NUMBER: PAC-1994 Amended 8/15/05 SCHEDULE "Al DESCRIPTION "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 611112001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the right, having a radius of 600.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 58 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 139.54 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.8t feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 600.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 54 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 14 degrees 44 minutes 50 seconds West, 50.01 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the left, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South 15 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. TITLE NUMBER: PAC-1994 Amended 4/18/05 SCHEDULE "A~pESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6111/2001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, South 77 degrees 10 minutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North ~5 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, J61.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. P-~84 (11/04) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Record/nE office lime s/amp See Form TP-58,14, Instructions for Form TP-5~4, before completing this form. P/ease FEeler ~ype. Schedule A--Information relating to conveyance Grantor/Transferor [] Individual [] Corporatio~ [] Partnership [] Estate/Trust ~] Olher LLC Grantee/Trans!eree [] Ind~wdual [] Partnership [] Eslate/Trust L~Other East of Eden, LLC Mailing address 230 East 85th street City Slate New YOrk NY Town of Southol~ Mailing address PO ~B~)x 11 79 City Slale ._ Sou_t_hold ZIP code 1 AA?R ZIP code I I q(~l-- Social security number I I Social security number I I Federal employer ideal, number Location and description ol properly conveyed I Tax map designation I 33 13 !19.24 Address Middle Road (C.R; 48) City/village Greenport Town Southold County Suffolk Type ol properly conveyed (chec~ a/3~l/cable box) I [] One- to throe-family house 5 [] Commercial/industrial 2 [] Residential cooperative 6 [] Apartmenl building 3 [] Residential condominium 7 [] Office building 4 [] Vacanlland 8 '[:]Other rn~ & Condition ol conveyance (chec~ all that apply) a. ~'Conveyance of fee interesl b. [] Acquis~:~ ol a central[ing inleresl (stale pemen4z~ acquired_ %) c. [] Transfer of a controlling interest (state percentage transferred %) d. [] Conveyance to cooperative housing corporation Date of conveyance I o8 I ~s recharge b~i~ 1. [] Conveyance which consists of a mere change o~ identify or form of ownemhip or orgaalzafien Form TP du/e F) g. [] Conveyance for which credit for lax previously paid will be claimed (a/tad) Form TP-~/. 1, Schedule G) h. [] Conveyance of cooperative apartment(s) i. [] Syndication e. [] Conveyance pursuant to or in lieu ot foreclosure or enforcement of secudty interesl (a#ac~ F~rrn TP-$~-{ 1, Schedule E) j. [] Conveyance of air rights or development righls k. [] Conlract assignment Percentage of real property conveyed which is residential real property % (~ee ir~truct/ons) I. [] Option assignment or surrender m. [] Leasehold assignment or surrender n. [] Leasehold grant o. [] Conveyance of an easement p. [] Conveyance for which exemption from lransfer tax claimed (complete Schedule ~, Pad III) q. [] Conveyance o[ property partly within and parity outside the state r. [] Other (describe)_ Dale received ITransaclion number Page 2, of 4 TP-584 (7/03) Schedule B -- Real estate transfer tax return (Article 31 of the Tax Law) Part [ - Computation of tax due 1 Enter amount of consideration for the conveyance (if you are c/aiming a iota/exemption from tax, check the exemption claimed box, enter consideration and proceed Io Pa/lilt) ............................ [] Exemption claimed 2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ...................................... 3 Taxable consideration (subtract line 2 from fine 1) ................................................................................................ 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ...................................................... 5 Amount of credit claimed (see instructions and attach Fo~rn TP-584. 1, Schedule G) ................................................ 6 Total tax due* (subtract line 5 from line 4) ............................................................................................................. 1. 0 2. 0 3. 0 4. 0 5.I 0 6.: 0 Part TI - Computation of additional tax due on the conveyance of residential real property for $1 million or more 1Enferamountofconsiderationfarconveyance(fromPert[,linet) ..................................................................... 2 Taxable consideration (multiply line I by the percentage of the premises which is resi~lential realproperty, as shoWn in Schedule A) ..... 3 Total additional transfer tax due" (multiply line 2 by I% (.or)) .............................................................................. Part I[I - Explanation of exemption claimed on Part t, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate trans[er tax [or the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............................................................................................................................................. a b. Conveyance is to secure a debt or other obligation ........................................................................................................................... b c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................. c d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying malty as bona fide gifts ...................................................................................................................................................................... d e. Conveyance is given in connection with a tax sale ............................................................................................................................ e f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownemhip. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.} Attach Form TP-584.1, Schedule F ................................................................... f g. Conveyance consists of deed of partition .......................................................................................................................................... g h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................ h i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real property, without the use or occupancy of such property ............................................... i j. Conveyance of an option or contract to pumhase rea[ property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment ....................................................................................................................................................................... J k. Conveyance is not a conveyance within the meaning of section 1401 (e) of Article 31 of the Tax Law (attach documents supporting such claim) .......................................................................................................................................................................... k [] 'Please make check(s) payable to the county clerk where the recording is to take place. I[ the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NY$ Department of Taxation and Finance, directly to the NYS Tax Department, RE'~I' Return Processing, PO Box 5045, Albany NY 12205-5045. Schedule C -- Credit Line Mortgage Certificate (Tax Law Article 11) Page 3 el 4 3'P-584 (11/04) Complete the following only if the interest being transferred is a fee simple int~esl. ~' I (we) certify that: (c/7ec£ the app/'op/fate box) 1. [] The real properly being sold or Iransferred is not subject 1o an outstanding credit line mortgage. 2. [] The real property being sold or Imnsferred is subjecl Io an outslanding credit line mortgage. However, an exemption from Ihe tax is claimed for the following reason: [] The transfer of real property is a transfer of a fee simple ioteresl Io a pemon or pemons who held a fee simple interesl in the real property (whether as a joinl tenant, a tenant in common or otherwise) immediately before the transfer. [] The Iransfer of real properly is (Al fo a person or persons related by blood, mardage or adoption 1o the original obligor or to one or more of the odginal obligors or lB) to a person or entity where 50% or more of the beneficial interest in such real property alter Ihe transfer is held by the Iransferor or such related person or persons (as in the case of a transtar to a lnJslee for the benelit of a minor or the transfer 1o a trust for Ihe benefit of the lransferor). ]The transfer of real property is a lrensfer Io a tmslee in bankmplcy, a receiver, assignee, or other officer of a court. [] The maximum principal amount secured by lhe credit line mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally improved nor will il be improved by a one- 1o six-family owner-occupied residence or dwelling. Please note: for puqgoses of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by Iwo or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requiremenls. [] Other la#ach detailed explanation). The real property being transferred is presently subject to an oulslanding credit line mortgage. However, no lax is due for 1he following reason: [] A cediticate of discharge of the credit line mortgage is being olfered st the lime of recording the deed. [] A check has been drawn payable for transmission to Ibe credit line mortgagee or his agent for Ibe balance due, and a satislaction of such mortgage witl be recorded as soon as it is available. The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identificallon of lhe modgage). The maximum principal amounl of debt or obligalion secured by the mortgage is No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to counO/ cle/t~ where deed MIt be recorded or, ii the recordin9 ts to take p/ace in Now York Ci~ make check payable to the NYC Depazfmen! of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undemigned certily thai the above information contained in schedules A, B, and C, including any return, certilication, schedule, or attachment, is to the best el hi~er~kctowled~e.~true and complete. EAST OF EDEN..~"LL~// TOWN OP ~OOTHOLD /'Jo~h~ta Y. ~orton Reminder: Did you complete all et the required informatio[% in Schedules A, B, and C? Are you required to complete Schedule D? It you checked e, ~, or 9 in Schedule A, did you complete Form ¥P-584.17 Ha~e you ail. ached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of FJnance? If no recording is required, send your check(s), made payable to Ihe Department of Taxation and Finance, directly to tile NYS Tax Department, RE'Iq- Return Processing, PO Box 5045, Albany NY 12205-5045. Page 4 of 4 TP-584 (11/04) Schedule D - Cedification of exemption from the payment of estimated personal income tax ~ax Law, Article 22, sec'lion 663 Complete the following only if a fee simple Interest or a cooperative u-nit is b~ing transferred by an Individual or estate or trust. Part ! - New York State residents II you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachmenl Io Form TP-584), you taus sign the certification below. If one or more transferors/antlers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided. If more space is needed, ptease photocopy this Schedule D and submii as many schedules as necessary to accommodate all resident tmnsferers/sellera. Certification of resident transferor(syseller(s) This is to certify that at the time o! the sale or transfer of the real property or cooperative unit, the tmnsleror(s)/seller(s) as signed below was a resident of New York State, and therefore is not required Io pay estimated personal income tax under Tax Law, sec~ieu 663(a) upon the sale or transfer of this real property or cooperatiYe unit. Print btl name :ast of Eden, LLC ~'rint tull name By: Benny Caiola, Member Print tull name Date Cate Date Signature Print tull name Date Note: A residenl ot New York State may still he required Io pay estimated tax under Tax Law, secti~ 685(c), but not as a condition of recording a deed. Part [I - Nonresidents of New York State If you are a nonresident of New York Stale listed as a transferor/seller in Schedu[o A o! Form TP~.584 (or an attachment to Form TP~584) are not required Io pay estimated personal income tax because one of the exemptions be[ow applies under Tax Law, sectioo 663(c), chock Ihe box o! the appropriate exemption below. If any one of the exemptions below applies to the tmnsleror(s)/saller(s), that transferor(s)/se[[er(s) is no{ required to pay estimated pemonal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualities under one of the exemption, s below musl sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary Io accommodate all nonresident transferors/sellers. Il none of these exempl[on statements apply, you must complete Form IT-2663, Nonresident Real P/ope[fy Est/mated Income Tax Pa?mem' Form, or Form IT-2664, Nonresifent Cooperat/ve Un/t E.~l/mated Income Tax Payment Form. For more information, see ~>at'men~ o! esi~matE persona/income tax, on page 1 of Form TP-584-t. Exemption for nonresident transferor(s)/seller(s) This is Io certify lhal at the time of the sale or transfer of the real praperty or cooperative unit, the transfemr(s)/saller(s) (grantor) of this real property or cooperative unit was a nonresidenl o! New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: [] The real property or ' ' ' cooperative un[[ being sold or transferred qualifies in total as the transferor's/saller's principal residence (within the meaning o~ Internal Revenue Code, seclion 121) from Date -- to Date [] The transferor/sailer is a mortgagor conveying the mortgaged properly to a modgegee in foreclosure, or in lieu of foreclosure wi no additional consideration. [] The transleror or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Lean Morlgage Corporation, the Government National t,,todgage Association, or a private morlgage insurance company. econ.ic Bay Region Commumty Preservation Fund East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Southold 10 [] Individual [] Corporation [] Partnership ~ Other LLC Please print or type. Schedule A Information Relating to Conveyance Name (individual; last, first, middle initial) East of Eden.. LLC Mailing address 230 East 85th Street City State New York NY Grantee [] Individual [] Corporation [] Partnership Other Name (individual; last, first, middle in[rial) Town of Southold Mailing address PO Box 11 79 ZIP code 10028 City State ZIP code Southold NY 1 I 971 Location and description of property conveyed Social Security Number Socia~ Security Number Federal employer idsnl, cumber S0ci~ Security Number Social Security Number a er~ employs* i~ent, number Taxmapdesignation Address ~llage Town Oisi Section Block Lot 1000 33 3 19.24 1000 33 3 19.26 Middle Road (CR 48) Greenport Southold Type of properly conveyed (check applicable bo;, Date of conveyance , proved I 08 I 25 I os [] Vacant land Date of contract Dual Towns: Condition of conveyance (check all that apply) / a:,,,~Conveyance of fee interest b. - Acquisition of a controlling interest (state percentage acquired c - Transfer of a controlling interest (state percentage transferred d. - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest f.- Conveyance which consists of a mere change of identity or form of ownership or %) organization g.- Conveyance for which credit (or tax %) previously paid will be claimed h.-Conveyance of cooperative apartment(s) i. - Syndication J - Conveyance of air rights or development rights k. - Contract assignment I. - Option assignment or surrender m. - Leasehold assignment or surrender n.- Leasehold grant o.-Conveyance of an easement p.- Conveyance for which exemption is claimed (complete Schedule B. Part 11) q.- Conveyance of property partly within and partty without the state r.- Other (describe) Schedule B ~ Community Preservation Fund Part 1 - Computation of Tax Due 1. Enter amount of consideration for the conveyance (from line I TP584 Schedule B) ....... I 0 2. Allowance(see below) ........................................................ i Q 3. Taxable consideration .(subtract line 2 from line 1) ...................................... 0 4. 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK . 0 5. Property not subject to CPF Tax (See ScheduleC) ............................... [-'-] For recording officer's use Amount received Date received Transaction number Allowance: East Hampton Shelter Island Southampton $250,000.00 Improved $250,000.00 ,improved $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) ~2.o.z,3.. ~,.,~ Schedule C (continued)_ Part 11- Explanation of Exemption Claimed in Part I, line I (check any boxes that apply ) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ................................................................ b. Conveyance is to secure a debt or other obligation ........................................................ c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance . d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts e. Conveyance is given in connection with a tax sale ................................................... f. Conveyance is a mere change ot' identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) ................................................................... g. Conveyance consists of deed of padition .................................................................... h. Conveyance is given pursuant to the federal bankruptcy act ........................................... i. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property .................. j. Conveyance or real property which is subject to restrictions which prohibit the use of the entire property for any purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee (2) (j) or (k) of Article 31-D of the Tax Law. (See required Town approval, below). - .................................................... k. Conveyance of real property for open space, parks, or histodc preservation purposes to any not-for-profit tax exempt corporation operated for conservation, environmental, or historic preservation purposes ........................ I. Other list explanations in space below (Grandfather/Contract) ...................................................... m.The conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Section 1449-ee of Article 31-D of the Tax law. (See j in Schedule C) Town Attorney or other designated official Penalties and Interest Penalties Any grantor or grantee failing to file a return or to pay any tax within the time required shall be subject to a penalty of 10% of the amount of tax due plus an interest penalty of 2% of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Interest Daily compounded interest will be charged on the amount of the tax due not paid within the time required. *****By signing the following, the buyer and seller further represent and attest to the fact that for property lying within Southold Town, a validly executed contract was in effect prior to March 1, 1999 and that for all other towns subject at the CPF tax, a validly executed contract was in effect prior to April 1, 1999. Seller Buyer Signature (both the grantor(s) and grantee(s) must sign). The undersigned certi~ that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, ,rue andcomplete. EAST OF~ffiJ3,~H~, ~ 7OWN ~)F SOUTHOLD Be~&a~t6rla, Member ~"h~a~.~rton, Supervisor t Grantor Grantee IN~TRIJCt'ION~: httpu'/www,~q~.,..~,m/,u~ or PHONE (B18) ~.73-7222 FOR02.01'(~OUNTY Date SWIS Deed Code USERecorded oNLY JlMonlhl /I Day1 I / Year I Jl J/ ~ ~ REJ~L STARE P ROt3~'~T~ BOARO RPSTARE OF REAL OF. '~S~:~-R NEW 52~'7 PROPER3~ YORK SERVICES C3. Book J ~ I I I J C4. Page J t I I ~ ~-5~17 Rev ~ i PROPER~ INFORMATION J ~.Pro.~v~ j Hi88[e ~oa8 (C.R. 48) J Location L Southold J Greengort J 11944 J 2. Buyer J TOWN OF SOUTHOLD J I I Billing if other th~n buyer address let bo[~om of form) J J I I Roll parcels transferred on the deed I ~ J # of Parcels OR Part of a Parcel 5. Deed Property J I x I J oR I , . ~ . ~ , o I 6, Seller {Only if Pert of a Parcell Cheek as they apflly: 4A. Planning Board with Subdivision A~thority Exists [] 4B. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subd~vlsion with Map Pmvlded [] J EAST OF EDEN LLC J FIRST NAME 7. Check the box below which most accurately describes the use of the property at the time of sale: 2 or 3 Family Residential Residential Vacant Land Non-Residential Vacant Land I SALE INFORMATION I 11. Sale Contract Date [ Agricultural [I J Community Service Commercial !~ Industrial Apartment Public Service Entertainment / Amusement Forest 08 / os Month Day Year 12. Date of Sale / Transfer I 08 / 05 I Month Day Year Cheek the boxes below as they apply: 8. Ownership Type is Condominium LI 9. New Construction on Vacant Land [] IOA. Property Located within an Agricultural District 10~. Buyer received a disclosure notice indicating that the property is in an Agricultural District 15. Check one or more of these conditions as ppplleabfe to transl,: A B C D E F G H I J Sale Between Relatives or Former Relatives Sale Between Rebated Companies or Partners in Business One of the Buyers is also a Seller Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) Sale of Fractional or Less than Fee Interest (Specify Below) 13. Full Sale Price I , , , , , , , ,0 , 0 , 0 I {Full Sale Price is the total amount paid for the property including personal property. This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations.) Please round to the nearest whole dollar amount. 14. Indicate the value of personal j , 0 , 0 , 0 I property included In the sale ; ~ · J ASSESSMENT INFORMATION - Data should reflec~ the latest Final Assessment Soil and Tax Sill J 16. Yearof Assessment Roll f~om ~ 00,4-- (~ ~7. Total Assessed Value (of sit parcels in transfer) [ which information taken ' 6 9 2 lS. PrepertyCfess J8 ,2 , ll_I I 19. SchoolDfettlatNamel GreenDort Significant Change in Property Between Taxable Status and Sale Dates Sale of Business is Included in Sale Price Other Unusual Factors Affecting Sale Price {Specify Below) None ½ , , ½ , , ½ [, o ol 20. Tax Map Identifier(s) / Roll Identifier(e) {If more than four, attach sheet with additional Identlfler(s)l [ 1000-33-3-19.26 J I J 1000-33-3-19,24 I L CERTIFICATION I l cert~y that all of the items of information entered on this form are true and correct (to the best ct my knowledge and be~et) and I understand that the r~. of any ~ false statement of material fact herein wtll subject me to the provisions ~ the penal law teladve to IRe maldng and fllto~ of false lnstrament~ BUYER TOWN/F SOUT~O~.D / Southold I NY I 11971 C~3~ OR TOWN STATE ZIp CODE SELLER EAST OF EDEN, BUYER'S A'I'FORNEY Finnegan LAST NAME ~atricia A FIRST NAME 631 j 765-1939 NEW YORK STATE COPY PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY k~eran.corcoran@town.southold.ny,us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM John Cushman, Comptroller Patricia A. Finnegan Town Attorney August 17, 2005 Rockcove Estates Road Dedication Attached is a check in the sum of $3,000 from East of Eden, LLC, the developer of Rockcove Estates, payable to the Town of Southold, representing the estimated costs associated with the replacement of 15 trees that are to be planted this Fall in connection with the referenced matter. Also attached is a copy of the letter from the developer's attorney, Charles Cuddy, Esq., which is self-explanatory. Kindly deposit this check into an escrow-type account so that the funds are held until the trees are planted and Jamie Richter can confirm same. Upon confirmation from Jamie Richter in writing that the 15 trees have been replaced, the $3,000 will be returned to the developer. If you have any questions, please feel free to call me, Thank you for your assistance. PAF/Ik Enclosures cc: Members of the Town Board (w/encls.) Ms. Elizabeth Neville, Town Clerk (w/encls.)~..~ Mr. Jamie Richter, Engineering Inspector (w/encls..) 0 m 0 Mailing Address: EO. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK AugustlS, 2005 TEL: (631)369-8200 FAX: (631) 369-9(B0 E-mad: charles.cuddy@verizon.net Patricia A. Finnegan, Town Attorney Town of Southold P.O. Box 1179 Southold, NY 11971 Attention: Lynne Krauza Re: Rockcove Estates-Roads and Recharge Basin Dedication Dear Ms. Krauza: In accordance with our telephone conversation, enclosed is a check in the sum of $3,000 payable to the Town of Southold, which is in lieu of a Letter of Credit or Performance Bond, and we understand that it will be deposited and held to assure the installation of 15 street trees at the Rock Cove subdivision pursuant to the requirements of the Town Engineer, James Richter. We also understand that before any part of the $3,000 is withdrawn by the Town that you will notify the developer (Benny Caiola, as principal) in care of this office and the developer will have 30 days to cure the default before any sum is withdrawn by the Town. This is also to confirm that, in accordance with Mr. Richter's letter of June 22, 2005, both items No. 3 and 4, relating to removal of weeds along the curbing area and removal of silt from the catch basin, will be promptly attended to by the developer. CRC/pc Very truly yours, Charles R. Caddy PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran~corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED MEMORANDUM OCT - 6 2005 To' From: Date: Subject: Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney October 5, 2005 Rockcove Estates Road Dedication Southold Town Clerk I am enclosing an original certified copy of the Dedication and Release document that was recorded with the Suffolk County Clerk on September 30, 2005, in Liber D00012412, Page 371, in connection with the referenced matter. I will retain a copy in my file. Thank you for your assistance regarding this matter. /Ik Enclosure SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEDICATION & RELEASE Number of Pages: 8 Receipt Number : 05-0103249 TRANSFER TAX NUMBER: 05-09144 District: Section: 1000 033.00 Deed Amount: Recorded: At: LIBER: PAGE: Block: 03.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees Page/Filing $24.00 COE $5.00 TP-584 $0.00 RPT $50.00 Transfer tax $0.00 TRANSFER TAX NUMBER: For Above Instrument Exempt 05-09144 NO Handling NO NYS SRCHG NO Cert. Copies NO SCTM NO Comm. Pres Fees Paid THIS PAGE IS A FART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 09/30/2005 03:04:51 PM D00012412 371 Lot: 019.026 Exempt $5.OO NO $15.00 NO $5.20 NO $0.00 NO $0.00 NO $104.20 Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp FEES RECORDED 2005 Sep 30 03:04:51 PM Eduard P.Romaine CLERK OF SUFFOLK COUNTY L D00012412 P 371 DT# 05-09144 Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 1000 4 District Real Property Tax Service Agency Verification 5. 00 Sub Tot~ 5. 00 SubTotal Grand Total 033.00 [ 03.00 Section Block 019.026 & Lot 0~,92~ Satisfaction/Discharges/Release List Property Owners Marling Address RECORD & RETURN TO: ELIZABETH NEVILLE~ TOWN CLERK TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD, NY 11971-0959 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax · The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on )age ~. of tiffs instrument. 5 Community Preservation Fund Consideration Amount $ 0 CPF Tax Due $ o Improved Vacant Land TD 8 Suffolk County Recording & Endorsement Page Tiffs page forms part of the attached r~RnT c'ArP TCHXl Awn (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD EAST OF EDEN, LLC TOWN OF SOUTHOLD made by: In theVILLAGE or HAMLETof aW~NPORT BOXES6THROUGH8 MUST BETYPED OR PRINTEDINBLACKINK ONLY PRIORTORECORDING OR FILING DIST. 1000 SECT. 033.00 BLOCK 03.00 LOT 019.024 019.026 TOWN OF SOUTHOLD: STATE OF NEW YORK In the matter of the Application of East of Eden, LLC, for the Laying Out of Recharge Basin and New Highways in Greenport, Town of Southold, Suffolk County, New York, to be known as: SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT DEDICATION AND RELEASE East of Eden, LLC, a New York limited liability company, having its office at 230 East 85m Street, New York, NY 10028, being the owner of certain land in Greenport, Town of Southold, Suffolk County, New York, and included within which land are proposed highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and RECHARGE BASIN more particularly described in Schedule "Al" and Schedule "A2" attached hereto and made a part hereof. NOW THEREFORE, in consideration of ONE ($1.00) Dollar to us in hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and RECHARGE BASIN do hereby release and dedicate to the Town of Southold all of the land heretofore owned by East of Eden, LLC within said proposed highways and recharge basin as follows: 1. The highway known as SOUND DRIVE as shown and designated on a certain map entitled, "Map of Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 2. The highway known as INLET POND ROAD, as shown and designated on a certain map entitled, "Map of Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 1 I, 2001, as Map No. 10637. 3. The highway known as ROCKCOVE LANE, as shown and designated on a certain map entitled "Map of Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 4. The highway known as CAIOLA COURT, as shown and designated on a certain map entitled "Map of Rockcove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. 5. RECHARGE BASIN as shown and designated on a certain map entitled "Map of Rockcove Estates" and filed in the office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637. And East of Eden, LLC does release the said Town of Southold from all damages by reasons of the laying out of the said highways and recharge basin. East of Eden, LLC Benn. y~.Ca~61a, Member STATE OF NEW YORK ) STATE OF NEW YORK SS.: County of Suffolk I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County {said Cour~ being ~ ,Court of Recor~ DO H.~REBY CERTIFY that I have c°mpared the annexed c°py °f"~O~ [ 0 ~ O~ ~ (~_...~ I ~o0~ ~-. and that it is a just and true copy of such original q~,.~, ~ ~"" and of the whole thereof. IN TESTIMONY WHEREOF, Ihavehereuntosetmyhandandaffixedthg.~ssealofseidCounty and Court this ~,,443 dayof {,'./~-/~-~-,~ /~ d,~]/).~ //~J~, " Clerk. Form No. 104 TITLE NUMBEE: PAC-1994 Amended 8115/05 SCHEDULE "At DESCRIPTION' "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 611112001 as Map Number i0637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the right, having a radius of 600.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of i63.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 139.54 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 600.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 54 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 14 degrees 44 minutes 50 seconds West, 50.01 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the left, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South 15 degrees t4 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. . . . ~ TITLE NUMBER: PAC.1994 Amended 4/18105 SCHEDULE "A~ESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, South 77 degrees 10 nlinutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. I111III11111111111111111111111111111111111111111111111I RECEIVED II11111I11111111111111111 OCT 2 4 2005 SUFFOLK COUNTY CLERK SO :;fhol~ Town Clerlt RECORDS OFFICE RECORDING PAGE Type of Instrument: DEDICATION & RELEASE Recorded: 09/30/2005 Number of Pages: 8 At: 03:04:51 PM Receipt Number : 05-0103249 TRANSFER TAX NUMBER: 05-09144 LIBER: DOOO12412 PAGE: 371 District: Section: Block: Lot: 1000 033.00 03.00 019.026 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Cert.Copies $5.20 NO RPT $50.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $104.20 TRANSFER TAX NUMBER: 05-09144 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County . . RECORDEE) 2005 Sep 30 03:04:51 PM Number of pages Edward P.Romaine TORRENS CLERK OF SUFFOLK COUNT',' Serial # L DOOO12412 P 371 Certificate # Dn 05-09144 Prior Ctf. # Deed. Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Page I Filing Fee - Mortgage Arnt. - 1. Basic Tax - Handling 5. ..00..... 2. Additional Tax - TP-584 Sub Total - - Spec. I Assit. Notation - or EA-5217 (County) Sub Total Spec. I Add. - - TOT. MTG. TAX - EA-5217 (State) _. Dual Town _ Dual County _ R.P.T.S.A. SD O~ Held for Appointment _ Transfer Tax - Comm. of Ed. 5. 00 Mansion Tax . - Affidavit The property covered by this motgage is - or will be improved by a one or two c.mfi~ eo,r( - family dwelling only. YES or NO Reg. Copy - Sub Total If NO, see appropriate tax clause on I 0 L{ .)-0 ~ther Grand Total page # of this instrument. (as - 1000 033.00 03.00 4 District Section Block 5 Communi Preservation Fund Real .,..'ROP~1. q r ~ ~r{)S Consideration Amount $ 0 Property 0 '" CPF Tax Due $ SUFFOLK llO Tax Service ~;:~ Agency Improved Verification Vacant Land - 6 SatisfactionlDischargeslRelease List Property Owners Mailing Address TD RECORD & RETURN TO: ELIZABETH NEVILLE, TOWN CLERK TD TOWN OF SOUTHOLD P.O. BOX 1179 TD SOUTHOLD, NY 1l97l-0959 7 Title Company Information Co. Name NIC ABSTRACT Title # PAC-1994 8 Suffolk County Recording & Endorsement Page This page forms part of the attached nF.nTrn~TnN ANn ~F.TF.n~F. made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in EAST OF EDEN, LLC SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of r,.'RRF.NPORT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (nvp.r) Dear Taxpayer, Your satisfaction of mortgage has been fIled in my office and I am enclosing the original cop "or your records. If a portion of your monthly mortgage payment included your property taxes, you will now i'ed to contact your local Town Tax Receiver so that you may be billed directly for all future pro] . ITJ: tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before, ray 31 st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property ax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, NY 11757 Riverhead, NY 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, NY 11777 Shelter Island, NY 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue .~ 53095 Main Road Islip, NY 11751 '- Southold, NY 11971 '\. (631) 224-5580 (631) 765-1803 Sincerely, ~I: ~,~a> Edward P. Ramaine Suffolk County Clerk . . TOWN OF SOUTHOLD: STATE OF NEW YORK ----------------------------------------------------------------x In the matter of the Application of East of Eden, LLC, for the Laying Out of Recharge Basin and New Highways in Greenport, Town of South old, Suffolk County, New York, to be known as: DEDICATION SOUND DRIVE, INLET POND ROAD, AND DIST. ROCKCOVE LANE, CAIOLA COURT RELEASE 1000 ----------------------------------------------------------------x SECT. ~e.{)~~. dd,~ 033.00 East of Eden, LLC, a New York limited liability company, having its office at 230 East BLOCK 85'" Street, New York, NY ] 0028, being the owner of certain land in Greenport, Town of 03.00 Southold, Suffolk County, New York, and included within which land are proposed highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and LOT RECHARGE BASIN more particularly described in Schedule "AI" and Schedule "A2" attached 019.024 hereto and made a part hereof. 019.026 NOW THEREFORE, in consideration of ONE ($1.00) Dollar to us in hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highways known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT, and RECHARGE BASIN do hereby release and dedicate to the Town of Southold all of the land heretofore owned by East of Eden, LLC within said proposed highways and recharge basin as follows: 1. The highway known as SOUND DRIVE as shown and designated on a certain map entitled, "Map of Rock cove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 1],2001, as Map No. 10637. 2. The highway known as INLET POND ROAD, as shown and designated on a certain map entitled, "Map of Rock cove Estates" and filed in the Office of the Clerk of the County of Suffolk on June II, 2001, as Map No. 10637. 3. The highway known as ROCKCOVE LANE, as shown and designated on a certain map entitled "Map of Rock cove Estates" and filed in the Office of the Clerk of the County of Suffolk on June 1],2001, as Map No. 10637. 4. The highway known as CAIOLA COURT, as shown and designated on a certain map entitled "Map of Rock cove Estates" and filed in the Office of the Clerk of the County of Suffolk on June II, 2001, as Map No. 10637. 5. RECHARGE BASIN as shown and designated on a certain map entitled "Map of Rockcove Estates" and filed in the office of the Clerk of the County of Suffolk on June II, 200 I, as Map No. ]0637. And East of Eden, LLC does release the said Town of South old ITOm all damages by reasons of the laying out of the said highways and recharge basin. East of Eden, LLC '~~, ~/- By' /'~~ // "- ~~c( . , ..... ;~. . Benn~la, Member STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) Ni~ On the~ day of . ~in the year 2004, before me, the undersigned, personally appeared BENNY CAIOLA, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. , - TITLE NUMBER: PAC.1994 Amended 8/15/05 SCHEDULE "At DESCRIPTION "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the right, having a radius of 600.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; - (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 139.54 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; - (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 600.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 54 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 14 degrees 44 minutes 50 seconds West, 50.01 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the left, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; (page 4) THENCE South 15 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. I' l TITLE NUMBER: PAC.1994 Amended 4/18/05 SCHEDULE "A~ESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, South 77 degrees 10 nlinutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING. 1111111111111111111111 01111111111111111111111111111111 RECEI'!ED 1111111111111111111111111 OCT 2 4 2005 SUFFOLK COUNTY CLERK So ';fhol~ Town Clert RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 09/30/2005 Number of Pages: 8 At: 03:04:51 PM Receipt Number : 05-0103249 TRANSFER TAX NUMBER: 05-09145 LIBER: DOOO12412 PAGE: 372 District: Section: Block: Lot: 1000 033.00 03.00 019.024 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $50.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $274.00 TRANSFER TAX NUMBER: 05-09145 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County . . RECORDED . . 2005 Sep 30 03:04:51 PM Edward P.Romaine CLERK OF SUFFOLK COUNTY L DOOO12412 Serial # P372 Dn 05-09145 Certificate # Prior Ctf. # Deed . Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Page I Filing Fee - Mortgage Arnt. - 1. Basic Tax - Handling 5. ..00..... 2. Additional Tax - TP-584 Sub Total - - Spec. I Assit. Notation - or EA-5217 (County) Sub Total Spec. I Add. - - TOT. MTG. TAX - EA-5217 (State) - Dual Town _ Dual County _ .#ft"-~ -So. cD Held for Appointment _ R.P.T.S.A. " . Transfer Tax - Comm. of Ed. 5. 00 Mansion Tax - Affidavit The property covered by this motgage is - or will be improved by a one or two Certified Copy - family dwelling only. YES or NO Reg. Copy - Sub Total If NO, see appropriate tax clause on ;:I, 1:.(, ~ Other page # of this instrument. Grand Total - r'\.. 1000 033.00 03.00 4 District Section Block 5 Communi Preservation Fund Real 1000 03300 0300 019024 Consideration Arnount $ n Property raD -O~,CO'03.00 -(X)O,coO CPF Tax Due $ 0 Tax Service Agency I Improved Verification Vacant Land - 6 SatisfactionlDischargeslRelease List Property Owners Mailing Address TD lJ RECORD & RETURN TO: ELIZABETH NEVILLE, TOWN CLERK TD TONN OF SOUTHOLD P.O. BOX 1179 TD SOUTHOLD, NY 11971-0959 7 Title Company Information Co. Name PECONIC ABSTRACT Title # PAC-1994 8 Suffolk County Recording & Endorsement Page This page forms part of the attached ~AR~AT~ AND ~AI~ n~~n made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in EAST OF EDEN, LLC SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of GREENPORT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (nVPTI Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original cop 'or your records. If a portion of your monthly mortgage payment included your property taxes, you will now ;oed to contact your local Town Tax Receiver so that you may be bi11ed directly for all future pror;~ tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before c' Tay 31 st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property ax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, NY 11757 Riverhead, NY 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, NY 11777 Shelter Island, NY 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue .~" 53095 Main Road Islip, NY 11751 '\. Southold, NY 11971 (631) 224-5580 (631) 765-1803 Sincerely, ~/: ~'~!J Edward P. Ramaine Suffolk County Clerk , - '" , NY 005 - Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation (Single Sheet) (NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT. THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ~5~ day of August . in the year 2005 BETWEEN EAST OF EDEN, LLC, a New York limited liability company, having its principal place of business at 230 East 85th Street, New York, New York 10028 AT 1f)'!(T1I J.TW,')~ 11"''V '~"..' ',-' ""';.: .'," :"'11''1' ',1,_:' ~ :'," -, .. party of the first part, and 1Q;l;'.!):,! _"" _ !) TOWN OF SOUTHOLD, a municipal agency, hav;DI! u" ptinllipal-plall81o&ibasidss at 53095 DIST. Route 25, Southold, New New York 11971 1000 SECT. party of the second part, 033.00 WITNESSETH. that the party of the first part. in consideration ofTen Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of BLOCK the party of the second part forever, 03.00 ALL that certain plot, piece or parcel of land. with the buildings and improvements thereon erected. situate, lying and being in the LOT at Greenport, Town of Southold, County of Suffolk, State of New York, known and designated as the roads and recharge basin shown on "Map of Rockcove Estates", fIled in the Office of the 019.024 Clerk ofthe County of Suffolk on June 11, 2001, as Map No. 10637; more particularly 019.026 described in SCHEDULE" AI" and SCHEDULE" A2" attached hereto and made a part hereof. BEING AND INTENDED TO BE part of the same premises conveyed to Grantor by deed dated June 19, 2002, and recorded in the Office of the Suffolk County Clerk on October 23, 2002, in Liber 12216, Page 336. 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 ta 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 covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party ofthe 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 consideration 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, EAST OF EDEN, LLC d'" Caiola, Member USEACKNOWUDGMENr FORMBEWWWlTHIN NEW YORKSTATEONLY: USEACKNOWUIDGMENT FORMBEWWWlTHIN NEW YORKSTATEONLY: State of New York, County of NEW YOIlIc )ss.: State of New York, County of } ss.: On the~ of August in the year 2005 On the day of in the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared BENNY CAIOLA , personally known to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual~ whose name~ is (are) subscribed to the evidence to be the individual(s) whose name(s) is (are) suhscribed to the within instrument and acknowledged to me that hewnl/"} executed within instrument and acknowledged to me that he/she/they executed the same in hi5Jfi!Iill_b capacity~. and that by hi~ the same in hislher/their capacity(ies), and that by hislher/their signa~ on the instrument, the individual~, or the person upon signature(s) on the instrument, the individual(s), or the person upon behalf of which the individualf>') acted, execu the in nt. behalf of which the individual(s) acted, executed the instrument Notary Public, of Od: Re=on N OlBl477S489 QuaI ed in Westchester ~ Or'-'....... JIxp/rIIIWq 31, ACKNOWLEOOMENT FORM FOR USE WITHIN NEW YORK STATE ONLY: ACKNOWUDGMENr FORM 1'OJ/. USEOIffSlDENEW YORK STATE ONLY: {New York Subscribing Witnes.\" Acknowledgment Certificate} {Out of State or Foreign General Acknowledgment Certificate} State of New York, County of }ss.: .... . . . . . . . . . . . . . . . . ...... . . . . . . . . . . )SS.: (Complete Venue with State, Country, Province or MunicipaliTY) On the day of in the year before me, the undersigned, personally appeared On the day of in the year before me, the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally known to me or proved to me on the basis of satisfactory personally acquainted, who, being by me duly sworn. did depose and say that helshelthey reside(s) in evidence to be the individuaJ(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helshelthey executed (if the place of residence is in a city, include the street and street number, the same in hislher/their capacity(ies), that by hislherl their signature(s) if any, thaeof); that helshelthey know( s) on the instrumen~ the individual(s), orthe person upon behalf of which the individuaJ(s) acted, executed the instrument, and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or hislher/their name(s) as a witness thereto. other place the acknowledgment was taken). BARGAIN & SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS 1000 TITLE No. Peconic Abstract PAC-1994 DISTRICT SECTION 033.00 EAST OF EDEN LLC BtoCK 03.00 LOT 019.024 & 019.026 COUNTY OR TOWN SOUTHOLD TO TOWN OF SOUTH OLD RECORDED AT REQUEST OF Fidelity National Title Insurance Company RETURN BY MAlL TO ~-~~--------r FIDELITY NATIONAL TITLE ELIZABETH NEVILLE, TOWN CLERf . INSURANCE COMPANY TOWN OF SOUTHOLD I INCORPORATED 1928 P.O. BOX 1179 , SOUTHOLD, NY 11971-0959 I 'iYthf-ua de Fidelity .Q)#_H~/N I Mf!mbt!r Nt'''' York SIU/e /And Tille A.w"..iatio" ._~_~_..._~J ---_."--~-, w (J ii: IL 0 CI z is I a: 8 I w a: I IL I 0 , W , rn , ::> a: ! 0 IL W (J i c 0- I rn I rn I ;: .... I w > I a: w I [B 1 I a: __~______._ ___1 . . . - . . 'i TITLE NUMBER: PAC.1994 Amended 8/15/05 SCHEDULE "A \ DESCRIPTION "ROADS" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Sound Drive, Inlet Pond Road, Caiola Court and Rockcove Lane" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, said roads being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Drive where same is intersected by the division line of the northerly side of Lot 23 on the above mentioned Map; THENCE along an arc of a curve bearing to the right, having a radius of 600.23 feet, a distance along said curve of 128.37 feet; THENCE North 87 degrees 00 minutes 35 seconds East, 23.35 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 62.85 feet; THENCE along an arc of a curve bearing to the left, having a radius of 1356.81 feet, a distance along said curve of 492.78 feet; THENCE along an arc of a curve bearing to the right, having a radius of 100.00 feet, a distance along said curve of 163.87 feet; THENCE South 69 degrees 02 minutes 10 seconds West, 85.80 feet; THENCE South 15 degrees 14 minutes 40 seconds East, 50.25 feet; THENCE North 69 degrees 02 minutes 10 seconds West, 90.81 feet; THENCE along an arc of a curve bearing to the right, having a radius of 150.00 feet, a distance along said curve of 1.52 feet; ,- ,.. . (page 2) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE South 41 degrees 32 minutes 56 seconds East, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 292.08 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 34.53 feet; THENCE North 41 degrees 32 minutes 56 seconds West, 54.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 48.87 feet; THENCE along an arc of a curve bearing to the left, having a radius of 150.00 feet, a distance along said curve of 139.54 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 42.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 64.02 feet; THENCE along an arc of a curve bearing to the right, having a radius of 550.00 feet, a distance along said curve of 143.06 feet; THENCE along an arc of a curve bearing to the left, having a radius of 40.00 feet, a distance along said curve of 37.42 feet; THENCE along an arc of a curve bearing to the left, having a radius of 60.00 feet, a distance along said curve of 291.86 feet; 'i (page 3) THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 32.09 feet; THENCE along an arc of a curve bearing to the left, having a radius of 600.00 feet, a distance along said curve of 162.49 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 65.57 feet; THENCE along an arc of a curve bearing to the right, having a radius of 1306.81 feet, a distance along said curve of 300.21 feet; THENCE along an arc of a curve bearing to the right, having a radius of 40.00 feet, a distance along said curve of 56.55 feet; THENCE along an arc of a curve bearing to the left, having a radius of 215.35 feet, a distance along said curve of 214.78 feet; THENCE North 19 degrees 54 minutes 57 seconds East, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 106.08 feet, a distance along said curve of 100.26 feet; THENCE North 14 degrees 44 minutes 50 seconds West, 50.01 feet; THENCE along an arc of a curve bearing to the left, having a radius of 156.08 feet, a distance along said curve of 147.52 feet; THENCE South 19 degrees 54 minutes 57 seconds West, 94.09 feet; THENCE along an arc of a curve bearing to the right, having a radius of 165.35 feet, a distance along said curve of 193.63 feet; THENCE South 87 degrees 00 minutes 33 seconds West, 109.18 feet; THENCE along an arc of a curve bearing to the left, having a radius of 650.23 feet, a distance along said curve of 139.06 feet; r . (page 4) THENCE South 15 degrees 14 minutes 40 seconds East, 50.00 feet to the first above mentioned division line and the point or place of BEGINNING. / I . I .!i)l /' .. . ,#",/i' y I' .' ,:r~ t,"','" j' . . . .- , TITLE NUMBER: PAC.1994 Amended 4/18/05 SCHEDULE "A~ESCRIPTION "RECHARGE BASIN" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as the "Recharge Basin" on "Map of Rockcove Estates", filed in the Office of the Clerk of Suffolk County on 6/11/2001 as Map Number 10637, being bounded and described as follows: BEGINNING at a point on the easterly side of Caiola Court where same is intersected by the division line of Lot 16 and premises about to be described; RUNNING THENCE along said division line, South 77 degrees 10 nlinutes 51 seconds East, 223.56 feet; THENCE North 12 degrees 49 minutes 09 seconds East, 30.00 feet; THENCE South 77 degrees 10 minutes 51 seconds East, 161.27 feet; THENCE North 15 degrees 55 minutes 50 seconds West, 307.62 feet; THENCE South 74 degrees 04 minutes 10 seconds West, 104.48 feet; THENCE South 08 degrees 37 minutes 36 seconds West, 220.04 feet; THENCE South 77 degrees 10 minutes 51 seconds West, 161.36 feet to the easterly side of Caiola Court; THENCE southerly along an arc of a curve bearing to the right having a radius of 60.00 feet, a distance along said curve of 30.32 feet to the point or place of BEGINNING.