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HomeMy WebLinkAbout1000-70.-4-44 y{ ~y1Y ((y ] t - i f Ft I"~jtY: y Yew }'!`YY r(W ' ~ ~ ON/iLG/Nb to , !rti v~ Z ` a ~ 'r 4~FEC A`M~RIi?F'!IY r„ a.. 1 t - ry~5 ~YN t Y ~ ~L~t y ho D / t l N N y~ } ~ a f fro ..MMVV l` - YPubi r fr~r ~H fit" 4 ~rr =oa . h .r 1 ,*i:c ~al{`;',ia:1 thk .pmt 7F¢f 4 des' i , 4,j 1~0 LAND r T op W EW V oP~ - /S'Nipr \t a ' ..btu .ry a'I /,lr~y rr-,usvLora• wLors nmazar•F,tarr0%NrrrteNN~o~/cam' ~f[j/~y(Z a[3>3 epgArldw, lourrWr{~y laWAP4 -dA( = N!1- "ki' li ~.I ~yt ss h ° J - T3 ~ p L 9 AkfA 4[OLoriFf3+~{~f~ {~rii~.;~la"•"".~ ~ ',9CAlF• i•+-see ~ ~ ; r"~. 9d~ x . ,rar Caowry Ax..iAr.~ro•.wn-e~q- -q3 M!/ A(3~ G ~rnato..v.Y. s.. RITA r? l° ~ ST,P/eT/aUSR~c~RM2~Cl1 ~itw+vctu THnN.ty~s'.v~.~+sv,PEa,~os~,a~eo%v \ - ~sQ~yG~a~7Y~'>~rtavrrG'c~Eercw/?ui/~~ ;C~.e/?Vi/B7/~9 /.uG+e~e /qB~b~ rs,~-a99 APPROVED BY 'PLANNING BOARD_ ' TOWN OF SOUTHOLD LDX- DATE If` C oii...l V JUN 141989 PLANivuacii INQ v 707cut ~n Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 119 71 , TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 22, 1989 John Wagner Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 RE: Frank & Myrtle Hendrickson SCTM #1000-70-4-44 & 45. Dear Mr. Wagner: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. In that all conditions of the June 5, 1989 Conditional Final Approval were met, it was RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final maps dated December 2, 1988. If you have any questions, please do not hesitate to contact this office. z V truly yours BENNETT ORLOWSRI,JR. CHAIRMAN enc. cc: Building Department Assessor's Office jt irTown Hall. 53095 Main Road d ~ P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 7651938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 6, 1989 Marcia Z. Hefter P.O. Box 279 Riverhead, NY 11901 RE: Frank & Myrtle Hendrickson SCTM #1000-70-4-43,44 & 45 Dear Ms. Hefter: The following action was taken by the Southold Town Planning Board on Monday, June 5, 1989. RESOLVED that the Southold Town Planning Board grant conditional final approval of the lot line change application of Frank and Myrtle Hendrickson subject to the fulfillment of the following conditions: The new deed for the westerly part of Suffolk County Tax Map(SCTM) #1000-70-4-44 shall be deeded out to the current owner of SCTM #1000-70-4-43 with the following restrictions: The westerly part of SCTM #1000-70-4-44 shall not be improved by a single family residence, and, further, shall be considered merged with SCTM #1000-70-4-43. A draft deed with this restriction on the westerly lot must be submitted for the Planning Board's review before filing. Enclosed are the original Covenants and Restrictions that were submitted to this office and reviewed. These are satisfactory and shall be filed with the County Clerk. The final maps must include the liber and page number. Conditional final approval is subject to submission of final maps within six (6) months of the approval date (June 5, 1989), unless an extension of time is granted by the Planning Board. If you have any questions, please do not hesitate to contact this office. Zruly yours, L tRLOWSR JR. CHAIRMAN enc. jt - RECEIVED BY 1~16-4 (%1841 11 PROJECT I.D. NUMBER 'I C u gW8ORK STATE-eept MfFTD,FFFIVfRDNMENTAL_CONSERVATION g~try1 DIVISION OF REGULATORY AFFAIRS € It Statle Environmental Quality Review fL` HOT-ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 2. Project Name Lot Line Change of Estate Frank C. Hendrickson, Jr. of M rtle K. H nil _ _ 3. Project location: Municipality Southold County Suffolk 4. Is proposed action: ® New ? Expansion ? Modificationfalteration S. Describe project briefly: Lot Line Change for property situate in A-Residential Agricultural District. 6. Precise location (road intersections, prominent landmarks, etc. or provide map) Easterly side of Youngs Road West, Southold, N.Y. (a/k/a Calves Neck Road) 7. Amount of land aff-cted: Initially _1 .354 acres Ultimately 354 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? ? Yes No If No, describe briefly parcel 1 to be set-off and joined with premises to the west owned by Mr. & Mrs. Blankle_v contains an area of 16,872 sq. ft. Parcel 2 contains an area of 42,143 s . ft. 9. What is present land use in vicinity of project? Property is si ua e in A-rest . agrie. over ® Residential ? Industrial ? Commercial ? Agriculture ? Parkland/open space ? Other Describe: 10. Does action involve a permit/approval. or funding, now or ultimately, from any other governmental agency (Federal, state or local)? N Yes ? No If yes, list agency(s) and permit approvals Zoning Board of Appeals area variance request Departrrent of Health 11. Does any aspect of the action have a currently valid permit or approval? ? Yes IN No If yes, list agency name and permitlapproval type 13. As result of proposed action will existing permdlapproval require modificationf ? Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Apphcanlispo sor na FY Hendi On, Jr. 7 Date /1 Jp2 _ of i-h=7=±Ap~rtLe.z. OF If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding. with this assessment OVER b 1988 i September 1, 1987 RECEIVED BY Southold Town Planning Board $OOTNyO~I]}~pp~ryT(t~1''IT) FUu~1~~ Town Hall Southold, New York 11971^T Re: Lot Line Change of Estate of Myrtle K. Hendrickson Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours tr , Executor of Estate of tle K. Hendrickson . RECE 111. D BY ' SOUiHOLD iG'r;i~ flF;~~iti;~a OaRD SAN 2 0 1 a PL'AiVN0.ARD nnTe { f TOE O ~I SOU HOLD i OCT 2 61998' t StiEFOLK'seO;fZNTY r i Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these 6n your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes NO 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) Yes No Area variance needed 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6. Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if yes please submit.a copy of same Yes No I certify that the ab ve statements are true and will be relied on by e 1 ing rd in co sideri ng this application. ion. Signa ure of p operty wner or authorized agent 9 `date Executor of Estate of yrtle K. Hendrickson Attachment to questionnaire for the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 1st day of September , 19 87, before me personally came Frank C. Hendrickson, Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he execu d the same. cz Q v Notary Pu c MARCIA Z. MEFTER Notary Public, State of New York No. 52.6830970 Qualified in Suffolk County commission Expires July 31, 1988 OCT `L 61988 L!_ On - - APPLICATION FOR APPROVAL OF PLAT ~i To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the sgladbfi3i wis to be Lot line change of Estate of Myrtle K, . Hendr~cksQ.n . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as folL~ws: Liber Page On Liber Page On Liber Page Liber Page On Liber Page On as devised under the Last Will and Testament of ..Myrtle-R.. Hendrickson irR=X&"rjbMCxs 5. The area of the land is ..1X354 acres. 6. All taxes which are liens on the land at the (late hereof have been paid lompc 7. The land is encumbered by None mortgage (s) as follows: (a) 1\Iortgage recorded in Liber Page in original amount of $ unpaid amount $ held by address (b) :Mortgage recorded in Liber Pal-e in original amount of unpaid amount held by address ~ i (c) Mortgage recorded in Liber Page in original amount of unpaid amount held by address 8. There are no other encumbrances or liens against the land 300E¢t 9. The land lies in the following zoning use districts . A-Residential Agrieulttsal 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, eIX (Ng 11. The applicant shall at his expense install all required public improvements. 12. The land (does) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by ..NIA and (a) (no) charge will be made for installing said mains. . electric lines are 14. Electric lines and standards will be installed by Un . derground . i4$tfl- 40 and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by N/A. . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "L"' hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Ifiglhway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the heal Property Law. 21. Submit a copy of proposed deed for lots =how;ing all restrictions, covenants, etc. Annex Schedule "D" 22. The applicant estimates that the cost of grading and required public improvements will be N/.A..... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ....September / 19. 87 . Frank C. Hendrickson Jr. (Name of Applicant B . (Sign t3fP alt itl`4 Estate yrtTe''It. Box 147, RR 1 Hendrickson ...4ngQ141. PQ?teK,..Ndnq..04.45$............. (Address) STATE OF•NEW YORK, COUNTY OF .....S?JM.,-.K ...................I ss: On the 1st day of...... Se..P....tember 19.87....., before me personally came Frank C: .ek . Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. MARCIA Z. HEMR Notary Public, State of New York No. 52-6830970 Qualified in Suffolk County N ary Pub] Commission Expires July 31, 1988 STATE OF NEW YORK, COUNTY OF .............................ss: On the day of 19......, before me personally came to me known, who being by me duly sworn did de- pose and say that resides at No . .................................that is the of the corporation described in and which executed the foregoing instrument; that knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that signed name thereto by like order. Notary Public l ~aq FFUCKC 1 y t a• SCOTT L. HARRIS PLANNING BOARD MEMBERS 0 t Supervisor Bennett Orlowski, Jr., Chairman 47~ George Ritchie Latham, Jr. yTO' Hall, 53095 Main Road Richard G. Ward h f~ O. Box 1179 Mark S. McDonald Southold, ^w York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Fax (516) iL , TOWN OF SOUTHOLD 823 Telephone (516) 765-1938 Gerard P. Goehringer, Chairman, Board of Appeals TO : FROM: Bennett Orlowski, Chairman ljU Date: December 16, 1991 subject: Response to Appeals Board letter requesting information on the Hendrickson lot line change. On June 19, 1989 the Planning Board authorized it's chairman to endorse maps dated December 2, 1988 for a lot line change for the estate of Myrtle K. Hendrickson. The applicant, Frank C. Hendrickson Jr., originally filed for a minor subdivision of his adjacent vacant lot on January 19, 1988, which would have resulted in two undersized lots. The Board informed the applicant that an area variance would have to be filed with the Board of Appeals before any possible approval could be granted for this subdivision. Mr. Hendrickson then withdrew the subdivision application 26see attached letter from Esseks, 1988), and filed a lot line change that resulted in part of his vacant lot being conveyed to his neighbor, thus increasing their improved lot from 36,741 square feet to 53,613 square feet and part of his adjacent vacant lot being added to his improved lot increasing it in size from 27,363 square feet to 42,435 square feet. Both lots have covenants that the areas to be transfered must be merged with the larger lots. Both lots now conform to the existing R-40 one acre zoning. ~tgF/G.E n o~OSUFFO[~-co r SCOTT L. HARRIS = G'yt Town Hall, 5309 in Road SUPERVISOR o P.O. Box 1179 ti = Southold, New York 11971 FAX (516) 765 - 1823 Gy • TELEPHONE (516) 765 - 1800 ?JOl ~a~ BOARD OF APPEALS Chairman OFFICE OF THE iMARD OF APPEALS Gerard P. Goehringer TOWN OFSOUTHOLD 765-1809 INTER-DEPARTMENTAL MEMORANDUM TO: Valerie Scopaz Planning Board Office FROM: Linda Kowalski Board of AppealAk ice DATE: December 11, 1991 SUBJECT: Applications for Divisions along Calves Neck Road We have been researching the area of Calves Neck Road in Southold and were told that the Hendrickson Estate's Attorneys from NYC may have communicated in writing to the Planning Board office or possibly even made an application for the separation of two merged lots identified as 1000-70-4-44 and 45. This application may have been denied or held in abeyance pending other agency approvals. We would appreciate any information you could provide to us on or before Monday, December 16, 1991 (which is the date of the public hearing on the Betz property also on Calves Neck Road). Thank you. 1991 o 112 SOUTHOLD TOWN PLANNING BOARD SCOTT L. HARRIS !a Town Hall, 5309 in Road SUPERVISOR It " P.O. Box 1179 Southold, New York 1197 FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 j' Q~ BOARD OF APPEALS Chairman OFFICE OF THE BOARD OF APPEALS Gerard P. Goehringer TOWN OFSOUTHOLD 765-1809 INTER-DEPARTMENTAL MEMORANDUM ~I TO: Valerie Scopaz Planning Board Office FROM: Linda Kowalski Board of Appeal fkace DATE: December 11, 1991 SUBJECT: Applications for Divisions along Calves Neck Roa We have been researching the area of Calves Neck Road in Southold and were told that the Hendrickson Estate's Attorneys from NYC may have communicated in writing to the Planning Board office or possibly even made an application for the separation of two merged lots identified as 1000-70-4-44 and 45. This application may have been denied or held in abeyance pending other agency approvals. We would appreciate any information you could provide to us on or before Monday, December 16, 1991 (which is the date of the public hearing on the Betz property also on Calves Neck Road). Thank you. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELEx-EHCA 685231 8 uW P. 0. Box 570 TELECOPIER NUMBER (516) 369-2065 WATER MILL, N.Y. 11 976 JANE ANN R. KRATZ (516) 7266633 JOHN M. WAGNER WILLIAM POWER MALONEY ALAN D. OSHRIN OF COUNSEL June 13, 1989 HAND DELIVERED James A. Schondebare, Esq. Town of Southold Town Hall Main Road Southold, New York 11971 Re: Lot Line Change Application of Hendrickson S.C.T.M.# 1000-070-04-43, 44 & 45 Dear Mr. Schondebare: Enclosed is a copy of a form of deed to be submitted to the Planning Board in connection with the captioned matter. Upon your receipt of this letter, please call me to discuss the matter. I need the deed to be reviewed at the Planning Board work session on Wednesday, June 14, 1989. Very truly yours, '~A0- Uri") John M. Wagner JMW/mlk Enclosure 7 standard N.Y.B.T.U. corm BWY-ZBM -B- R~ and Sale Uead, wish Cmenam, agais"r Gra mnrs Am-IndwidnuGOrpmmiun. (single snap . ' CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT- THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY . t THIS INDENTURE, made the day of June nineteen hundred and eighty-nine BETWEEN JOHN KRAMER and VALERIE KRAMER, his wife, residing at 2055 Calves Neck Road, Southold, New York, hereinafter collectively the party of the first part, and THOMAS S. BLANKLEY and SUSANNE L. BLANKLEY, his wife, residing at 2275 Calves Neck Road, Southold, New York, hereinafter collectively the 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 b'I t' and im^-^eme , situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as set forth in Schedule A annexed hereto. 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has dilly executed this deed the day and year first above written. IN PRESENCE OF: JOHN KRAMER VALERIE KRAMER STATi OF NEW YORK, COUNTY OF Suffo* SS: STATE OF NEW YORK, COUNT Suffolk SS: On the 'day of June 1989 , before me On the day of June 1989 , before me personally came John Kramer personally came Valerie Kramer to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. she executed the same. Notary Public Notary Public STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that lie is the sworn, did depose and say that he resides at No. of that he*knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of director, of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Bargain anti 16alr Orrh WITH COVENANT AGAINST GRANTORS ACTS SECTION TLE NO. BLOCK LOT TO COUNTY OR TOWN It urded at Request of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Retum by Mail to Distributed by CHICAGO TITLE INSURANCE COMPANY Zip No. J SCHEDULE A BEGINNING at a point on the southerly side of a certain 16 1/2 foot wide right-of-way known as Youngs Road, which point marks the intersection of the easterly line of other premises of the party of the second part and the southerly side of said Youngs Road, and RUNNING THENCE, from said point of beginning, the following courses and distances: 1. North 830 00' East, along the southerly side of Youngs Road, a distance of 67.50 feet to a point; 2. South 240 49' 50" East a distance of 213.62 feet to the average high water mark of Jockey Creek; 3. South 560 48' 50" West, along the average high water mark of Jockey Creek, a distance of 83.00 feet to a point on the easterly line of other premises of the party of the second part; and 4. North 200 41' 10" West, along said easterly line of other premises of the party of the second part, a distance of 247 feet to the point or place of BEGINNING. SAID premises being a portion of the premises conveyed to John Kramer and Valerie Kramer, his wife, by deed dated December 27, 1988, and recorded on January 23, 1989, in the Office of the Clerk of Suffolk County, in Liber 10782 of conveyances, Page 66. TOGETHER with all of the right, title and interest, if any, of the party of the first part in and to Jockey Creek in front of and abutting said premises. TOGETHER with a right-of-way over said 16 1/2 foot right-of-way known as Youngs Road from the southerly end of Youngs Avenue to the northwesterly corner of the premises herein described. RESERVING, HOWEVER, to L. Barron Hill and Adelaide H. Hill, his wife, their distributees and assigns, the right and privilege to make reasonable changes and alterations in the course and location of said right-of-way over and upon other land of said L. Barron Hill and Adelaide Hill, his wife, it being understood and agreed, however, that L. Barron Hill and Adelaide Hill, his wife, shall not be responsible for the maintenance and upkeep of said right-of-way beyond the extent that said right-of-way abuts upon property lying I between said right-of-way and the waters of the bay or creek which they continue to own, each owner of property abutting therefrom, including the grantee herein, to be chargeable with maintaining a suitable, safe and hard surface for the ordinary purposes of travel in the bed thereof insofar as the same lies in front of his or their property. EXCEPTING AND RESERVING to L. Barron Hill and Adelaide H. Hill, his wife, their distributees, assigns, nominees or licensees, the right and privilege to enter upon the property herein described and lay, construct, erect and maintain therein or thereon sewer pipes, water or gas mains, telephone or electric light poles, wires or conduits, with all ordinary appurtenances and fittings; provided, however, that sewers, pipes, drains, poles or conduits shall be laid, constructed or erected only within five (5) feet of the right-of-way line of the said property in each instance. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING COVENANTS, which shall be deemed real covenants running with the land and be binding upon the successors, assigns, distributees, legal representatives, executors or administrators of the respective parties hereto: 1. The premises being conveyed hereunder, and particularly described in Schedule A, shall not be improved by a single-family residence; and 2. The premises being conveyed hereunder, and particularly described in Schedule A, shall be considered merged with the adjoining premises of the party of the second part on the west, which adjoining premises are bounded and described as set forth in Schedule B annexed hereto. SCHEDULE B 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 a certain 16 1/2 foot right-of-way known as Youngs Road, which point marks the intersection of the easterly line of premises now or formerly of Thomas S. and Susanne L. Blankley with the southerly side of Youngs Road, and RUNNING THENCE, from said point of beginning, the following courses and distances: (1) South 20° 41' 10" East, along said easterly line of premises of Thomas S. and Susanne L. Blankley, a distance of 247 feet to a point; (2) North 870 03' West, along a tie-line along the shoreline of Jockey Creek, a distance of 190.67 feet to a point; (3) North 7° 59' 50" West, a distance of 228.20 feet to a point on the southerly side of Youngs Road; and (4) South 880 00' 00" East, along the southerly side of Youngs Road, a distance of 135.00 feet to the point or place of BEGINNING. I 1~ I S ~ ~ I i 11 r1~j p E.SSEKS, HEFTER & ANGEL COUNSELORS AT LAW i L! JUN 1310 J 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 Stitf ill( J.l d WILLIAM W. ESSEKS (516) 3651700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELEX-EHCA 6852316 UW P. 0. BOX 570 TELECOPIER NUMBER (516) 369-2065 WATER MILL, N.Y. 11976 JANE ANN R. KRAT2 (51 6) 726-6633 JOHN M. WAGNER WILLIAM POWER MALONEY ALAN D. OSHRIN June 13, 1989 OF COUNSEL HAND DELIVERED Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: Lot Line Change Application of Hendrickson S.C.T.M.$ 1000-070-04-43, 44 & 45 Dear Sirs: Enclosed is a copy of a form of deed required by the Board for approval of the captioned matter. I would appreciate your reviewing this deed at your June 14, 1989 work session and advising me by Thursday, June 15, 1989 whether it meets with your approval. Because of the time restraints surrounding this application, I would like to have all questions settled before Monday, June 19, 1989, so the Board Chairman may sign the map. Very truly yours, John M. Wagner JM W/ml k Enclosure Standard N.Y.B.T.U. Form 8082-ROM -Bargain Dale ?easl, with Covenants against Gramm s Acts individual or C# t ion. (single sheet) I CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT. THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of June nineteen hundred and eighty-nine j BETWEEN OHN eck KRAMER and VALERIE KRAMER, his wife, residing at 2055 Calves ck Road, Southold, New York, hereinafter collectively the C.3 V e` '4?party of the first part, and j ( q THOMAS S. BLANKLEY and SUSANNE L. BLANKLEY, his wife, residing at ` t 2275 Calves Neck Road, Southold, New York, hereinafter collectively the 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 --a~-s_s , situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as set forth in Schedule A annexed hereto. 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the salve for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has dilly executed this deed the day and year first above written. IN PRESENCE OF; JOHN KRAMER VALERIE KRAMER STATE OF NEW YORK, COUNTY OF Suffolk 033: STATE OF NEW YORK, COUNTY OF* Suffolk SS: On the day of June 19 89 , before me On the day of June 1989 , before me personally came John Kramer personally came Valerie Kramer to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. she executed the salve. Notary Public Notary Public STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he*knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of director, of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed It name as witness thereto. i9argain ant 0alr Etrd WITH COVENANT AGAINST GRANTORS AcTs SECTION TLE NO. BLOCK LOT COUNTY OR TOWN TO Recorded at Requen of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by CBICALGO TITLE INSURANCE COMPANY Zip No. SCHEDULE A BEGINNING at a point on the southerly side of a certain 16 1/2 foot wide right-of-way known as Youngs Road, which point marks the intersection of the easterly line of other premises of the party of the second part and the southerly side of said Youngs Road, and RUNNING THENCE, from said point of beginning, the following courses and distances: 1. North 83° 00' East, along the southerly side of Youngs Road, a distance of 67.50 feet to a point; 2. South 240 49' 50" East a distance of 213.62 feet to the average high water mark of Jockey Creek; 3. South 560 48' 50" West, along the average high water mark of Jockey Creek, a distance of 83.00 feet to a point on the easterly line of other premises of the party of the second part; and 4. North 200 41' 10" West, along said easterly line of other premises of the party of the second part, a distance of 247 feet to the point or place of BEGINNING. SAID premises being a portion of the premises conveyed to John Kramer and Valerie Kramer, his wife, by deed dated December 27, 1988, and recorded on January 23, 1989, in the Office of the Clerk of Suffolk County, in Liber 10782 of conveyances, Page 66. TOGETHER with all of the right, title and interest, if any, of the party of the first part in and to Jockey Creek in front of and abutting said premises. TOGETHER with a right-of-way over said 16 1/2 foot right-of-way known as Youngs Road from the southerly end of Youngs Avenue to the northwesterly corner of the premises herein described. RESERVING, HOWEVER, to L. Barron Hill and Adelaide H. Hill, his wife, their distributees and assigns, the right and privilege to make reasonable changes and alterations in the course and location of said right-of-way over and upon other land of said L. Barron Hill and Adelaide Hill, his wife, it being understood and agreed, however, that L. Barron Hill and Adelaide Hill, his wife, shall not be responsible for the maintenance and upkeep of said right-of-way beyond the extent that said right-of-way abuts upon property lying between said right-of-way and the waters of the bay or creek which they continue to own, each owner of property abutting therefrom, including the grantee herein, to be chargeable with maintaining a suitable, safe and hard surface for the ordinary purposes of travel in the bed thereof insofar as the same lies in front of his or their property. EXCEPTING AND RESERVING to L. Barron Hill and Adelaide H. Hill, his wife, their distributees, assigns, nominees or licensees, the right and privilege to enter upon the property herein described and lay, construct, erect and maintain therein or thereon sewer pipes, water or gas mains, telephone or electric light poles, wires or conduits, with all ordinary appurtenances and fittings; provided, however, that sewers, pipes, drains, poles or conduits shall be laid, constructed or erected only within five (5) feet of the right-of-way line of the said property in each instance. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING COVENANTS, which shall be deemed real covenants running with the land and be binding upon the successors, assigns, distributees, legal representatives, executors or administrators of the respective parties hereto: 1. The premises being conveyed hereunder, and particularly described in Schedule A, shall not be improved by a single-family residence; and 2. The premises being conveyed hereunder, and particularly described in Schedule A, shall be considered merged with the adjoining premises of the party of the second part on the west, which adjoining premises are bounded and described as set forth in Schedule B annexed hereto. t SCHEDULE B 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 a certain 16 1/2 foot right-of-way known as Youngs Road, which point marks the intersection of the easterly line of premises now or formerly of Thomas S. and Susanne L. Blankley with the southerly side of Youngs Road, and RUNNING THENCE, from said point of beginning, the following courses and distances: (1) South 200 41' 10" East, along said easterly line of premises of Thomas S. and Susanne L. Blankley, a distance of 247 feet to a point; (2) North 870 03' West, along a tie-line along the shoreline of Jockey Creek, a distance of 190.67 feet to a point; (3) North 7° 59' 50" West, a distance of 228.20 feet to a point on the southerly side of Youngs Road; and (4) South 88° 00' 00" East, along the southerly side of Youngs Road, a distance of 135.00 feet to the point or place of BEGINNING. LF GAT, NOTICE Notice of rublic Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town STATE OF NEW YORK) Law, a public hearing will be held by - the Southold Town Planning Board, )SS. at the Town Hall, Main Road, COUNTY OF SUFFOLK) Southold, New York, in said Town on the 5th day of June, 1989, not the F tai nP Rnac of Mattituck, in question of the (ollowmg: 7:30 p.m. Preliminary approval on said County, being duly sworn, says that he/she Is Principal the question of Gilbert At Am Am- Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, aga lot line change, located at the Town of Southold, County of Suf- published at Mattituck, in the Town of Southold, County of folk, and State of New York. Suffolk Suffolk and State of New York, and that the Notice of which County Tax Map No. 1000-55-6- 15.1. the annexed Is a printed copy, has been regularly published In The property bordered or the said Newspaper once each week for i weeks North by Long Island d Sound; on the East by land now or formerly of successively, commencing on the 18th _ day of Rizzo; on the South by Soundview Avenue; on the West by land now or May 19g9_ formerly of North Fork Motel, Inc 7:45 p.m. Preliminary approval on - the question of Frank & Myrtle Hen- drickson lot line change, located at the Town of Southold, County of i~ Suffolk, and State of New York. Suffolk County Tax Map No. 1000- Principal Clerk 7 4.44 & 45. Me property is bordered on the by Calves Neck Road; on the E at by land now or formerly of Arthur L.R. Francisco; on the South Sworn to befor this by Jockey Creek; on the West by land now or formerly person desiring ing to be be day of tg Any y person desiring to heard on P.iFlr , ;;'4AN the above matters should appear at the NOTARY F n. NPw York time and place specified. Ex t3. h9$60~ Dated: May 15, 1989 Term Exp . ,,a BY THE ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETTORLOWSKI, JR. CHAIRMAN 6305-lTMytg • I COUNTY OF SUFFOLK STATE OF NEW YORK ss: T-,LEGALS°NOT[CE-- Nolke,oE;Rr6ge Hearing NOTICE `lt:; 2HEREBV GIVEN that parsatat:toSection Patricia Wood, being duly sworn, says that she is the i740f1beTown -La%a public Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, hearing willheld- by the a public newspaper printed at Southold, in Suffolk County; Southold o" P111trulihilt 809* at the RmO Hall, Mdn and that the notice of which the annexed is a printed copy, Y&k I" sMtlls has been published in said Long Island Traveler-Watchman 10vu on the 5th day of June,, , , , , , , weeks 14lt9 one questing of ihel once each week for fo ?-,3 6 p-bt. Preliminary ap successively, commencing on the . . . . . . . . . . prpya'} * question of Gil- g ben &in Amiaga lot line' at the Town of Mu19 . 7County of 'Suffolk, York. 1 o, 1 Suffolk r _ arkCounty f FMap a0p) No 000v551? ; . v-f.' f The prop ertyAs bordered on the North by Long Island Sound;,on the East by land qow Z4 or formerly Or RIrYO; on the So4th~Samddva y ytenue:on Sworn to before me this .........1.......... day of theVest by land now or former- ly of North Fork Motet, InC 19 . ~l. . 7r45 p 4tE. Preliminary a - proval on the, u change'' a 'e own`of " Southold, County of Suffolk, and State of New York. Suffolk County 7kxMapNo.1OW70-4 Notary Public 44 &,45, The Property is bordered on C"^-,'c'-RA A. SCHNEIDER the North by Calves Neck Road; F;"?~ S, State ct New York on the East- by hind _now-br i 48Cfii`,46 formerly..,of Arthuf L.A. k'tan 0: oilalk Coup ciseo;'ork4be South` ~Oekey C.: m Larires ~ ~9 Creeds; oh the West bye, 4 ow " or formerly of Hildreth, r- .Any person siring to be heard: ort the Ove matlem' should appear *,-.the time ,W place speeitI& Dated: May, 15, 1989 BY ORDER OF THE qLA' &HQLD TOWN ING D BENN QRLf)\Yg(t i ' ? HAI i1C , 5/Im i bl U1 M,o' ~'7 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1989 Marcia Z Hefter P.O. Box 279 Riverhead, NY 11901 RE: Frank & Myrtle Hendrickson SCTM #1000-70-4-43, 44 & 45 Dear Ms. Hefter: The following actions were taken by the Southold Town Planning Board on Monday, May 15, 1989. RESOLVED that the Southold Town Planning Board set Monday, June 5, 1989 at 7:45 p.m. for a public hearing on the final maps dated December 2, 1988. RESOLVED that the Southold Town Planning Board override the Suffolk County Planning Commission report dated April 10, 1989 with the following comments in response to the Commission's review: - 1. Approval by the Suffolk County Department of Health. Services is not necessary as this lot line change involves two existing dwellings. 3• The Planning Board has requested that revised property deeds for the proposed two lots (Lot#1 equaling 53,613. sq. ft. and Lot #2 equaling 42,143. sq. ft.) be submitted before the Chairman.be authorized to endorse the final map. 4. The Town Code provides for review and appropriate permits for any new residential structure or sanitary disposal facility within 75' of shore line. Comments numbered two and five of the Suffolk County Planning Report have been=addressed in the Covenants and Restrictions submitted by the applicant. Covenants and Restrictions should be submitted to the Planning Board office for review. Satisfactory Covenants and Restrictions must then be filed with the County Clerk. Final Maps must state that Covenants and Restrictions have been filed and must include the liber and page number. If you have any questions, please do not hesitate to contact this office. Z truly your O ~+t Zt ORLOWSRI,JR. CHAIRMAN enc. cc: SCPC jt i, ESSEKS, HEFTER SI ANGEL W I COUNSELORS AT LAW (~~,,,~{~„~!t-T~~ 106 EAST MAIN STREET SU TH ID InVii - P. O. Box 279 PLt Ni !G 30akD RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS (516) 369 1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELE.-EHCA 6852318 UW P. 0. Box 570 TELECOPIER NUMBER (516) 369-2065 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ (51 6) 726-6633 JOHN M. WAGN ER WILLIAM POWER MALONEY ALAN D. OSHRIN OF COUNSEL May 9, 1989 Town of Southold Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Frank & Myrtle Hendrickson Lot Line Change Application S.C.T.M.#1000-70-4-43, 44 & 45 Dear Sirs: In accordance with your decision of May 1, 1989, we understand that the above matter will appear on the agenda on May 15, 1989. We submit the Declaration of Covenants and Restrictions, fully executed by the owners of the subject premises, for review of the Planning Board prior to the May 15th meeting. If you have any questions with regard to the above, please do not hesitate to contact me. Very truly yours, 4 . ,(/s~ dueca Marcia Z. Hefter MZH/mlk Enclosure ~ i ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 1 LyW t 2 100 EAST MAIN STREET !Rw 1 R O. Box 279 RIVERHEAD, N.Y. 11901 $t)Ujt{ I J WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELEx-EHCA 6852316 UW P. 0. Box 570 TELECOPIER NUMBER (516) 369-2065 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ (51 6) 726-6633 JOHN M. WAGNER WILLIAM POWER MALONEY ALAN D. OSHRIN OF COUNSEL May 10, 1989 Town of Southold Planning Board 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: Estate of Myrtle Hendrickson Lot Line Change Application S.C.T.M.#1000-70-4-43, 44 & 45 Dear Sirs: This letter references the Planning Board's decision dated May 1st, wherein you had requested revised property deeds describing the proposed two lots' new areas in totality. (See request #2 in your letter addressed to me dated May 2, 1989). We find it impossible to comply with this request for the following reasons: 1. Lots 44 & 45, as shown on the survey of the subject premises, are presently owned by Mr. & Mrs. Kramer. 2. Lot 43 is presently owned by Mr. & Mrs. Blankley. 3. After approval of the Lot Line Change, Mr. & Mrs. Kramer will convey to the Blankleys the Westerly portion of Lot 44 (as shown on the survey). 4. The Blankleys will have two deeds at that time. The original deed for Lot 43, and a new deed for the westerly 1/2 of Lot 44. 5. When this transaction has taken place, the Kramers will own all of Lot 45 and the remaining Easterly 1/2 of Lot 44. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 6. The Kramers are unable to deed to the Blankleys a deed describing the totality of the newly created parcel 1, as the Blankleys already own all of Lot 43. We understand that this matter is being set down for final hearing on June 5th. The parties involved have a contractual agreement which requires that final action be taken no later than this time. We would appreciate your advising us in the event that further information or documentation is required before the June 5th final hearing date. I hope that this letter will clear up any confusion concerning the deeds. If not, please do not hesitate to contact the undersigned. Very truly yours, ~a Marcia fter MZH/mlk cc: Michael J. Hall, Esq. Peter J. Costigan, Esq. Sarah Weber, Esq. ;f DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this day of May, 1989, by THOMAS S. BLANKLEY and SUSANNE L. BLANKLEY, residing at 2275 Calves Neck Road, Southold, New York, and JOHN KRAMER and VALERIE KRAMER, residing at 2055 Calves Neck Road, Southold, New York, hereinafter referred to as the "Declarants." WHEREAS, the Declarants are the owners of certain adjoining real properties on the south side of Calves Neck Road (Youngs Road), in the Town of Southold, County of Suffolk and State of New York, which properties are designated on the Suffolk County Tax Map as parcels 1000-070-04-43,44 and 45 (hereinafter referred to collectively as the "subject property"); and WHEREAS, as a condition of granting the Lot Line Change for the subject property, the Planning Board of the Town of Southold has required the Declarants to subject the property to certain restrictions; NOW, THEREFORE, it is hereby declared as follows: 1. No lot line on the subject property shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. 44?3- relent a st-e b facility 5hall be d w#th-in-7S'-- 3. No stormwater runoff resulting from the development and 06 improvement of the subject property shall be discharged directly into Jockey Creek. 4. Invalidation of any of the covenants of this Declaration by judgment or Court order shall in no way affect any of the remaining provisions of this Declaration, which shall remain in full force and effect. 5. Declarants, their successors or assigns, shall not be liable for a violation of the restrictions herein contained unless they shall be the owner of the land upon which, and at the time when, the violation occurs. 6. These restrictions, covenants, and conditions shall be deemed covenants running with the land, and the Declarants, their. successors and assigns, shall have the right at any time or times to proceed at law or in equity against any person violating or attempting to violate any provisions contained herein to prevent and abate such violations and to compel compliance with the terms hereof and to recover damages for any violation. Failure to enforce any provisions herein contained in any particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent, or other violation. 7. These covenants and restrictions shall be binding upon the Declarants, their successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner(s) of the premises only with the written consent of the Planning Board of the Town of Southold. -2- IN WITNESS WHEREOF, Declarants have caused this instrument to be executed as of the day and year first above written. JOHN KRAMER THOMAS S. BLANKLEY ~~1~~2-1.t-c 1.(,~6,rne-. `,~<<~G\C.CC.Ei'J? ~/~c-~C~~L~y~-l-~ VA ERIL~E KRAAMER SUSANNE L. BLANKLEY -3- STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On this Z day of May, 1989, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Thomas S. Blankley, known to me and he, being by me duly sworn, did swear and acknowledge that he resides at 2275 Calves Neck Road, Southold, New York, and that he acknowledged to me that he executed and subscribed the foregoing Covenants and Restrictions. IN WITNESS WHEREOF, I have hereunto set my hand and seal this JV day of May, 1989. Notary Public FAnUMD.GNM STATE OF NEW YORK) N0ftVrWft8atD01X$Wy&k ft 62-4622618 COUNTY OF SUFFOLK) ss CWWJ$$i bVb'sAUWW31. t9L On this Le day of May, 1989, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Susanne L. Blankley, known to me and she, being by me duly sworn, did swear and acknowledge that she resides at 2275 Calves Neck Road, Southold, New York, and that she acknowledged to me that she executed and subscribed the foregoing Covenants and Restrictions. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ytK day of May, 1989. T_`_ ~ • )tea-~.~ otary Public ' PAM= D. GARSK Guam in V 624522513 eurq e/'s~, Cwomipton F*kft AWJK 21. /915;' p STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On this 1L day of May, 1989, before me, the undersigned, a Notary Public in and for said State and County, personally appeared John Kramer, known to me and he, being by me duly sworn, did swear and acknowledge that he resides at 2055 Calves Neck Road, Southold, New York, and that he acknowledged to me that he executed and subscribed the foregoing Covenants and Restrictions. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /I- day of May, 1989. Notary,-Public T MARttYN A. GREEN NOTARY 00BLIC, 5tot,. oF Now Yor't I STATE OF NEW YORK) sui114 ) Ouciiiie u. in Su;lol'.c County ss : Commission Expir,, 1 COUNTY OF SUFFOLK) ~/'1 %S On this - /7, day of May, 1989, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Valerie Kramer, known to me and she, being by me duly sworn, did swear and acknowledge that she resides at 2055 Calves Neck Road, Southold, New York, and that she acknowledged to me that she executed and subscribed the foregoing Covenants and Restrictions. IN WITNESS WHEREOF, I have hereunto set my hand and seal this / v day of May, 1989. 0 , i. e, ~ r 7Lax_ Notary ublic T AR!LYN A. GREEN NOTARY PUBLIC, .`,l;^a of Pbw Yor4 Dlo. 4i44014 Q,,1ifieu in 50l1OIX CWnly Commission Expire: Mardr30 ` 4 , y 4J Y a' ' Al Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 2! 1989 Marcia Hefter ESSeks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 RE: Frank & Myrtle Hendrickson SCTM #1000-70-4-44 & 45 Dear Mrs. Hefter: The following action was taken by the Southold Town Planning Board on Monday, May 1, 1989. The review of the Suffolk County Planning Commission report, dated April 10, 1989, was held over until the May 15, 1989 meeting, due to the lack of a quorum. The Planning Board requested the following: 1. Covenants and Restrictions stating the following: A. No lot line shall be changed in -:ny manner at any future date unless authorized by the Town of Southold Planning Board. B. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 75'.feet of the top of the bank along the shoreline of Jockey Creek. C. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged directly into Jockey Creek. Covenants and Restrictions should be submitted to this office for review. Satisfactory Covenants and Restrictions must then be filed with the County Clerk. 2. Revised property deeds describing the proposed two lots (Lot #1 equaling 53,613 sq. ft. and Lot #2 equaling 42,143 sq. ft.) must be submitted to the Planning Board. This must be submitted before the Planning Board will authorize the Chairman to endorse the final maps. 3. Final maps must state that Covenants and Restrictions have been filed and must include the liber and page number. If you have any questions, please do not hesitate to contact this office. V ruly yours ~ 'tirs- BENNETT ORLOWSKI,JR. CHAIRMAN jt • COUNTY OF SUFFOLK PATRICK G. HALPIN $OUTHDLD TO'd' SUFFOLK COUNTY EXECUTIVE PLP.NP~~NG 60AiftDEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING April 10, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Frank C. & Myrtle H. Hendrickson Southerly side of Calves Neck Road (a.k.a. Youngs Road), 1041.95' easterly from West Hill Road, Southold, New York Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on April 5, 1989, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Frank C. & Myrtle H. Hendrickson" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following seven conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Jockey Creek and the wetland adjacent thereto. 1. No approval shall be given this subdivision by the Town of Southold unless the subdivider can provide evidence that the subdivision has been reviewed and approved by the Suffolk County Department of Health Services. 2. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 3. Should 16,872 s.f. be sold to the owner of an adjacent parcel as proposed, the parcel being transferred shall then be incorporated into the adjacent owner;' parcel so that the 16,872 s.f. parcel will not exist as a single, substandard parcel. 4. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bank along the shoreline of Jockey Creek. 5. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged directly into Jockey Creek. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI.. NEW YORK 11788 15181380.3152 Minor Subdivision - Frank C. 6 Myrtle H. Hendrickson Page 2 6. Conditions 2-5, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 7. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comment on the map for your use and consideration: The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. Very truly yours, Arthur H. Kunz Acting Director of Planning P ~y by Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-06 CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS r Town Hall. 53095 Main Road_ P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD M<nZA6N C7 Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - ~CCLn\~i 11eY1ck cY~S~,~1Hamlet/Locality S.C.D.P.W. Topo No.: Zoning- S.C. Tax Map No.: )nc-)c) - 0 - LI y 1/S Major Sub. Minor Sub. ? Site Plan Cluster MATERIAL SUBMITTED: Preliminary Plat (3 copies) 1/ Road Profiles (1) Drainage Plans (1) _Topogroaphical Map (1) Site Plan (1) - Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED i REFERRAL CRITERIA: SEQRA STATUS: 1. The project is a (Unlisted) (Type I) (Type II) Action. 2. A (Negative Declaration Positive Declaration) (Determ.- of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (yes) (no) 4. The proposed division has received approval from the S.C. Dept. of Health. (Yes) (No) COMMENTS: We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. s`"y~Yy truly yours.; BENNETT ORLOWSKI,JR. CHAIRMAN jt revised: 3/8/89 I iC 1 t - 21539 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET t P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELEx-EHCA 6852316 UW P. 0. Box 570 TELECOPIER NUMBER (516) 369-2065 WATER MILT, N.Y. 11976 JANE ANN R. KRATZ (51 6) 726-6633 JOHN M. WAGNER WILLIAM POWER MALONEY March 1, 1989 ALAN D. OSHRIN OF COUNSEL 41C I,'~ u~i. ~;~tE Planning Board, Town of Southold Town Halls..::, r~ 53095 Main Rd. P.O. Box 1179` Southold, New York 11971 Re: Proposed Lot Line Change for Frank & Myrtle Hendrickson, SCTM #1000-70-4-44 & 45 Dear Sir/Madam: I am writing this letter at the request of the Planning Department and, more specifically, after a conversation that Michelle Klima, a paralegal in my office, had with Jill, a secretary for the Planning Department, on today's date with regard to the captioned matter. Ms. Klima spoke with Mr. Charles Lind, Chief Planner of the Subdivision Review Division, County of Suffolk, last week with regard to the request for a topographical map he made in his letter dated December 15, 1988 to the Southold Planning Board. Mr. Lind indicated to Ms. Klima that the County would waive the requirement for a topographical map, if the Town of Southold indicated in their report to the County that they waived the requirement for the topographical map. Mr. Lind indicated that this information could be confirmed in the "Informational Bulletin #9", which was sent to the various Towns to try and make clear the regulations for submitting reports regarding subdivisions to the County. Mr. Lind also indicated that he would verbally confirm this information to anyone at the Planning Department who might wish to contact him to discuss same. I hope that this letter will suffice with regard to the confusion regarding the topographical map requirement. I am sending a copy of this letter to Mr. Lind for his records. Planning Board Town of Southold Page/2 March 1, 1989 If you have any questions regarding any of the above please contact either the undersigned, or Michelle Klima of this office. I would appreciate receiving written confirmation that the Town of Southold Planning Department will waive the requirement of the topographical map based on my office's conversation with Mr. Lind. Very truly yours, ~GEcGC-GL Marcia Z. lie ter MZH/mlk cc: Mr. Charles Lind, Chief Planner of Subdivision Review Committee LI a (4e ~rCOYYI M S C M ;G\ Z I? ice hC~ a ka- 3u,~ v"os~ +he_ ~oL~ ivy [ Ssc, coo I i lei i ; n C n~ J~vo m co V o -~Y Y~`L~~II~ U UL T Town Hall, 53095 Main Road,. P.O. Box 1179 Southold, New York 11971 A TELEPHONE (516)'165-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 11, 1989 Michelle L. Klima Esseks,Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 RE: Frank & Myrtle Hendrickson SCTM #1000-70-4-44 & 45 Dear Ms. Klima: The following action was taken by the Southold Town Planning Board on Monday, January 9, 1989. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. If you have any questions, please do not hesitate to contact this office. Ver"uly yours, BENNETT ORLOWSKI,JR.~ CHAIRMAN enc. jt 1~'~0 ' ~Oly Town Hall, 53095 Main Road P.O. Box 1179 Q Southold, New York 11971 r~~l 4 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 01/12/89 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The lot line change of Frank and Myrtle Hendrickson is 3 lots being changed to 2 lots on a total of 95,756. sq.ft. located on Calves Neck Road at Southold. SCTM #1000-70-4-43,44, 45. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been correspondence received from the Suffolk County Department of Planning stating that this referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #8 of the Suffolk County Planning Commission. Once this department gets the required information they will review this proposal. r 9 Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board SHEA 8c COULD 1251 AVENUE OF THE AMERICAS ~ NEW YORK, NEW YORK 10020-1193 ~J DFC 3 p 1a ; 12121 627-3000 1( m TELEX 423973 TELECOPIER 12121840-6]02 r( December 28, 1988 CERTIFIED MAIL Town of Southold Planning Board Town Hall Main Road Southold, New York 2055 Calves Neck Southold, New York To Whom It May Concern: Enclosed is a copy of the letter to you from my client, Frank Hendrickson, informing you of the transfer of the referenced premises. Please telephone me if you have any questions or comments. Very truly yours, Sarah L. Weber SLW:rss Enclosure cc: Michael Hall, Esq. Peter Costigan, Esq. Marsha Hefter, Esq. Ronald D. Sernau, Esq. WASHINGTON. D. C. LOS ANGELES, CALIFORNIA MIAMI, FLORIDA ALBANY, NEW YORK BRADENTON. FLORIDA LONDON. ENGLAND IA PARTNERSHIP INCLVDING PROFESSIONAL CORPORAIiON31 ESTATE OF MYRTLE K. HEMDRICKSON c/o Frank C. Hendrickson, Jr. Sweet Road Lincoln Center, Maine December c27, 1988 Town of Southold Planning Board Southold Town Hall Main Road Southold, New York 2055 Calves Neck Southold, New York (the "Premises") To Whom It May Concern: The Estate of Myrtle Hendrickson (the "Estate") has applied to obtain the approval of the appropriate authorities to the subdivision of the Premises and to the realignment of the boundary lines. Please be advised that as of December a7, 1988, the Estate transferred the Premises to John and Valerie Kramer by executor's deed dated December -~Z, 1988. The Estate hereby assigns to Kramer all of its rights pursuant to the application to obtain such approval. Thank you for your assistance. Please contact me if you have any questions. Sincerely ours ank C. en rickson, Jr A TO nh;n Kramefrr Valerie Kramer r 'C.'qFat~~ O T Town Hall, 53095 Main Road P.O. Box 1179 aQ~ Southold, New York 11971 ~j TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 22, 1988 Michelle L. Klima Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 RE: Proposed Lot Line Change for Frank & Myrtle Hendrickson SCTM# 1000-70-4-44 & 45 Dear Ms. Klima: Enclosed please find a report from the Suffolk County Department of Planning dated December 15, 1988. The report states that additional information will be needed before the proposal can be reviewed by the Planning Commission. Please submit the following information: 1) Topographic map 2) The total area of the subdivision must be clearly added to the original map. The Planning Board has the rest of the required information which will be submitted to the Planning Commission upon receipt of the above. Please contact this office if you have any questions on the above. Very truly yours) BENNETT ORLOWSKI, JR. CHAIRMAN enc. COUNTY OF SUFFOLK D M DEC 1 9 1988 P ANN NG BOARDS PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN (516) 360-5207 DIRECTOR OF PLANNING December 15, 1988 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary Final_X_ Plat Name: Minor Subdivision - Frank C. & Myrtle H. Hendrickson Location: s/s Calves Neck Road 1041.951 ely/from West Hill Road, Southold, New York Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin 118 of the Suffolk County Planning Commission. The following material is required before referral will be reviewed: 1 copy of proposed grading plan {if requirements are being waived a 1 copy of proposed road profiles {statement to that effect must be 1 copy of proposed drainage plan {submitted with referral 1 copy of topographic map 1 copy of SEQRA status Total area of subdivision Very truly yours, Lee E. Koppelman Director of Planning byCx~wG c~ Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-D-88-129 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 8 for complete referral requirements. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI., NEW YORK 11788 (516) 360-5192 o rn Town Hall, 53095 Main Road U' P.O. Box 1179 OF, Southold, New York 11971O( TELEPHONE (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Dec. 6, l q'6~d Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor subdivision), Qon) Emnk C' , A kls 14 av !lr c &`e Po Hamlet ~yC~a Tax Parcel Identifier No. boo - 70 - 4 43,4~AS Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies) Major subdivision (3 Copies) Preliminary Map (1 copy) Topogra_nic Map (1 copy) Darinage Plan (1 copy) Street Profiles (1 copy) Grading Plan (1 copy) Planning Board Res. (1 copy) Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Comments: 41A P APA, . 2- .Pica cT~nl~~r" Very truly /yours, "ff U ////[JJ Bennett Orl~~ f/G Chairman , airman i~ .inn Town Hall, 53095 Main Road yw ZF P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 6, 1988 Marcia Hefter Esseks, Hefter & Angel P.O. Box 279 Riverhead, NY 11901 RE: Proposed Lot Line change Frank & Myrtle Hendrickson Dear Mrs. Hefter: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1988. RESOLVED that the Southold Town Planning Board start the coordination process to determine Lead Agency and Environmental Significance. If you have any questions, please do not hesitate to contact this office. Very'~Lx.uly yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt • s1Sj'j~' ~ • A~O~O ~U t~( UCH m Town Hall, 53095 Main Road -7:F P.O. Box 1179 O Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 6, 1988 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Frank & Myrtle Hendrickson SCTM #1000-70-4-44&45 Requested Action: -to_create __twn_lots.from_previously existing three lots' SEQRA Classification: [ ] Type I [XXA Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: [XXJ This agency wishes to assume lead agency status for this action. [ ] This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. Since y, ~j~"4 BENNETT ORLOWSKI, JR. CHAIRMAN cc: ?*Board of Trustees _7Bui4d~ng-Depar-mutt Sol-Itbol m wP--Boar-d V*Suffolk County Dept. of Health Services v'*NYSDEC- Stony Brook V7!NYSDEC- Albany -S.C,-Deptz of--Pb=i4-.-WOrks -B-.-S.-Army-Corp---of Engineers ji r-. S-Bep t.-Of -Traftspo-rtat-i on * Maps are enclosed for your review Coordinating agencies b o~oSUEFOLkcOG z Ln T Town Hall, 53095 Main Road 0 P.O. Box 1179 O~ ! Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1988 Marcia Hefter Esseks, Hefter & Angel Counselors at Law 108 East Main Street P.O. Box 279 Riverhead, NY 11901 RE: Proposed Lot Line Change of Estate of Myrtle K. Hendrickson SCTM# 1000-70-4-44 & 45 Dear Ms. Hefter: The Planning Board reviewed the maps dated as revised November 7, 1988 and had the following comment: 1. The areas of the old lots and new lots must be shown on the map, please see enclosed map which illustrates this. The Planning Board will proceed with making a determination under the State Environmental Quality Review Act at their December 5th meeting. Upon receipt of revised maps in accordance with item number one above, the Planning Board will set the date for a final hearing. Please contact this office if you have any questions regarding this matter. Very truly-yours, j BENNETT ORLOWSKI, JR. CHAIRMAN enc. 1 ESSEKS, HEFTER & ANGEL RECEIVED By COUNSELORS AT LAW S00TH ff#WpyNJ~ 108 EAST MAIN STREET JJVV~~ 11°° P. O. Box 279 RIVERHEAD, N.Y. 11901 DATE WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELEx-EHCA 6852318 UW P. O. Box 570 TELECOPIER NUMBER (516) 369-2065 WATER MILL, N.Y. 11 976 JANE ANN R. KRATz JOHN M. WAGNER (516) 726-6633 WILLIAM POWER MALONEY May 26, 1988 ALAN D. OSHRIN OF COUNSEL Planning Board of the Town of Southold Main Road Southold, New York 11971 Re: Application for Approval of Plat of Frank C. Hendrickson Jr. Gentlemen: On January 19, 1988 an application for minor subdivision approval was filed with you with regard to the above matter. It is my under- standing that you are holding the documents with regard to this application in abeyance, pending the filing of necessary variance applications with the Zoning Board of Appeals of the Town of Southold. Mr. and Mrs. Hendrickson are contemplating withdrawing their applica- tion for approval of a minor subdivision at this time. However, prior to withdrawing their application, we require confirmation from you as to any approvals or applications which may be required with regard to the following anticipated transaction. Instead of dividing the subject premises into two lots, Mr. and Mrs. Hendrickson are proposing to reestablish the boundry line between their parcel of property and the parcel of property adjoining their property to the west, as shown on the setoff map filed herein as owned by Pierson R. and Katherine S. Hildreth. That is to say, Mr. and Mrs. Hendrickson propose to convey to the present owners of this property the westerly portion of their property. Mr. and Mrs. Hendrickson will, as a result of this conveyance, own one lot improved by an existing frame house containing an area in excess of 40,000 square feet. The adjoining property owner to the west will similarly own one lot with an area in excess of 40,000 square feet which is improved by an existing dwelling. No new lot will be created and the two lots resulting from this realignment of property lines will conform with the Zoning Ordinance of the Town of Southold. A survey is now being prepared which will indicate the new boundary line between the property owners. We shall be happy to forward a copy of the survey to you as soon as we obtain it. In the interim, we would appreciate your advising us as to the necessity of any further applications or approvals with regard to this contemplated transaction. Very truly yours, '4446 a Ad& Marcia Z. Hefter MZH:cab •ozaza ~ c a p 1 . ~ 0 ai ~ MAO/,~~ A ~ v ~`~XT c o t, f r~N~ so7 nil 3 g of ~i t1`~Z 14 C 010 o~ (7y¢ •y 7"q~.yd0 oS b Z'~ a y u 1 \ ' a nom' ~11~~ N 2 Q~ • I 1 T A A" n r` r LI D mot, Tie C ?G` °s ~ T VA Z t ~ w O _ ~ T N ~y Y nrHOy~~c~y £ rn a / 6s ; p [1 1~ _ w I~SOt'o caC / .~v r o 0 rq ' C 4V M :Ott Is: - an , lip t __-ter°~ a D EssEKS, HEFTER & ANGEL CO COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 WN RIVERHEAo, N.Y. 11901 RD WILLIAM W. EssEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELEX-EHCA 6852318 UW P. 0. Box 570 TELECOPIER NUMBER (516) 369-2065 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ (51 6) 726-6633 JOHN M. WAGNER WILLIAM POWER MALONEY ALAN D. OSHRIN OF COUNSEL October 27, 1988 Town of Southold Planning Board Town Hall Main Road Southold, New York 11971 Re: Lot Line Change Application Estate of Myrtle K. Hendrickson S.C.T.M.#1000-70-4-44 & 45 Gentlemen: I am enclosing an additional two copies of the survey prepared on behalf of my firm's client with regard to the captioned matter. I believe that when I had originally filed the application, I only provided your office with six surveys rather than the required amount of eight surveys. Thank you for your attention to this matter. Very truly yours, Michelle L. Klima, Paralegal Enclosures 0 • P TO D cn S[ Southold, N.Y. 11971 (516) 765-1938 June 21, 1988 Marcia Z. Hefter Counselor at Law P.O. Box 279 Riverhead, New York 11901 Re: Hendrickson, SCTM #1000770-4-44 & 45 Dear Ms. Hefter: In response to your letter of May 26, 1988 regarding the above mentioned proposal, the Planning Board will proceed with this as a lot - line change. Enclosed please find your returned check for $250.00. Also find the necessary application for a lot - line change. Upon receipt of new information the Planning Board will proceed with your proposal. Very txakly yours, j i./'// fir's"t{~.a..~~fi ? l c Bennett Orlowski, Jr. Chairman enc: ESSEKs, HEFTER & ANGEL COUNSELORS AT LAW ^ n nn n IOB EAST MAIN STREET D ILyS U ILSS D P.O. BOX 279 RIVERHEAD, N.Y. 11901 91 WILLIAM W. ESSEXS OCT (516) 369-1700 ATE MILL OFFICE MARCIA Z. HEFTER ON UN HIGHWAY STEPHEN R. ANGEL TELEX-EHCA 6652316 UW SO.)'li'-Lb : )i V P. BOX NUMBER (516) 369-20 570 JANE ANN R. KRAT2 ILL, N.Y. 11976 JOHN M. WAGNER (516)726-6633 WILLIAM POWER MALONEY ALAN D. OSNRIN OF COUNSEL October 25, 1988 HAND DELIVERED Southold Town Planning Board Town Hall Southold, New York 11971 Re: Application for Lot Line Change of Estate of Myrtle K. Hendrickson Tax Map No. 1000-70-4-44 & 45 Gentlemen: This office represents the owner of the above-captioned property with regard to a lot line change application. In connection with this application, we enclose the following: 1. Eight copies of the survey; 2. Check made payable to the Town of Southold in the amount of $50.00; 3. Affidavit of Frank C. Hendrickson, Jr., Executor of the Estate of Myrtle K. Hendrickson; 4. Affidavit of Thomas S. Blankley and Susanne L. Blankley; 5. Form letter regarding drainage, roads and grading; 6. Questionnaire; 7. Short Environmental Assessment Form; and Southold Town Planning Board October 6, 1988 Page/2 8. Application for Approval of Plat. Please file the above papers with the Planning Board for their review. Very truly yours, ~ Mitia t Z. ftfter Marca MZH/mlk Enclosures 1 9 1 i.'. OCT L 6 1988 STATE OF NEW YORK ) Lv_ , SS:- arl:~.tti COUNTY OF SUFFOLK In connection with the application of Estate of Myrtle Hendrickson (or the executors thereof) to the Town of Southold Planning Board for the realignment of property lines relating to certain real property located in Southold, New York, the undersigned, THOMAS S. BLANKLEY and SUSANNE L. BLANKLEY, being duly sworn, depose and say under penalties of perjury that: 1. They are the owners of certain improved real property commonly known as 2275 Calves Neck Road, Southold, New York (the "Existing Lot"); and 2. They and the Estate of Myrtle Hendrickson (the "Estate") have entered into a Sale-Purchase Agreement (the "Sale-Purchase Agreement"), dated as of August 1988, pursuant to which the Estate has agreed to sell to Thomas S. Blankley and Susanne L. Blankley a portion of certain unimproved real property adjacent to the Existing Lot (the "Adjacent Property"), as more particularly described therein. A true, correct and complete copy of the Sale-Purchase Agreement is attached hereto and made a part hereof as Exhibit "A". 3. In connection with the closing of the transaction contemplated by the Sale-Purchase Agreement, they will permit the merger of the Existing Lot with the Adjacent Property to form a single lot for tax, zoning, and other governmental purposes. V r`~ Thomas S. Blankley Susanne L. B ankley S orn to before me this 1 t4dayf ugust, 1988. ic) MrIGAN , STATE OF NEW YORK APUB IC K -493M SUFFOLK COUNTy COW SSION EXPIRES OCTOBER 31, 1q&# a • ~a F STATE OF MAINE ) ss.: COUNTY OF VEA~C7BSCATT ) In connection with the application of Estate of Myrtle Hendrickson (or the executors thereof) to the Town of Southold Planning Board for the realignment of property lines relating to certain real property located in Southold, New York, the undersigned, FRANK C. HENDRICKSON, JR., being duly sworn, deposes and says under penalties of perjury that: 1. He is one of the executors of Estate of Myrtle Hendrickson (the "Estate"), which owns the improved real property commonly known as 2055 Calves Neck, Southold, New York (the "Existing Lot"); and 2. The Estate, as seller, and Thomas Blankley and Susanne Blankley (collectively, "Blankley") have entered into a Sale-Purchase Agreement (the "Sale-Purchase Agreement"), dated as of September ? 1988, pursuant to which the Estate agreed to sell to Blankley a portion of the parcel of unimproved real property adjacent to the Existing Lot (the portion of said unimproved real property other than the portion thereof which the Estate has agreed to sell to Blankley being referred to herein as the "Adjacent Property"). A true, correct and complete copy of the Sale- Purchase Agreement is attached hereto and made a part hereof as Exhibit "A". r' • 3. In connection with the closing of the transaction contemplated by the Sale-Purchase Agreement, the Estate will permit the merger of the Existing Lot with the Adjacent Property to form a single lot for tax, zoning and other governmental purposes. FRANK C. HENDRICKSON, JR. Sworn to before me this 2_(.A day of September, 1988 k F . 1!t , Notary Public MY COMMISSION EXPIRES FEBRUARY % 199} Exhibit "A" Sale-Purchase Agreement between Estate of Myrtle K. Hendrickson, Seller, and 7hcmas S. Blankley and Susanne L. Blankley, his rife, Lur_i_;ncnrc Prerises: Calves Neck Southold, New York cerre~~,u~_IZ'_ As of 7. 1988 s Shea i Gould 1251 Avenue of the Americas Now York, New York 10020-1193 TABLE OF CONTENTS Section Page 1. Sale-Purchase 1 2. Purchase Price 2 3. Permitted Exceptions 3 4. Closing Date 3 5. Apportionments 4 6. Closing Documents 6 7. Title Insurance 7 8. The Downpayment 10 9. Possession 14 10. Broker 14 11. Condemnation 14 12. Default; Remedies 15 13. Notices 16 14. Mortgage Loan 17 15. Entire Agreement 17 16. Amendments 17 17. Waiver 17 18. Successors and Assigns 17 19. Partial Invalidity 18 20. Section Headings 18 21. Governing Law 18 22. Assignment 18 23. Binding Effect 19 24. Access to the Premises 19 25. No Recording or Notice of Pendency 19 26. Executors Only 20 27. Subdivision or Realignment 20 Exhibits Exhibit "A" - Property Description Exhibit "B" - Permitted Exceptions • SALE-PURCHASE AGREEMENT THIS SALE-PURCHASE AGREEMENT, made as of the d efun , 1988, by and between FRANK C. HENDRICKSON, JR., C. NORMAN SCHMIDT, AND H;:'BERTRAM KELLER, AS EXECUTORS OF THE ESTATE OF MYRTLE K. HENDRICKSON, having an address c/o Frank C. Hendrickson, Jr., Box 147, Sweet Road, Lincoln Center, Maine 04558 ("Seller"), and THOMAS S. BLANKLEY and SUSANNE L. BLANKLEY, his wife, having an address at 2275 Calves Neck Road, Southold, New York ("Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of certain real property located in the Town of Southold, County of Suffolk and State of New York, as more particularly described in Exhibit "A" attached hereto and made a part hereof, together with all easements, rights of way, privileges, appurtenances and other rights pertaining thereto (collectively, the "Premises"); and WHEREAS, Seller desires to.sell,,and Purchaser desires to purchase, the Premises on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the mutual receipt and legal sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Sale-Purchase. Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, the Premises. This sale shall include all right, title and interest, if any, of Seller in and to any land lying in the bed of any street, road or avenue, opened or proposed, public or private, in front of or adjoining the Premises, to the center lines thereof, and all right, title and interest of Seller, if any, in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to the Premises by reason of change of grade of any street; and Seller shall execute and deliver to Purchaser, on the delivery of the Deed (hereinafter defined) and the consummation of the transactions contemplated hereby (the "Closing"), all proper instruments for the conveyance of such title and the assignment and collection of any such award. 2. Purchase Price. The purchase price for the Premises (the "Purchase Price") shall be Eighty-Five Thousand Dollars ($85,000), payable as follows: (a) Eight Thousand Five Hundred Dollars ($8,500) (the "Downpayment") by delivery of a check, subject to collection, payable to the order of Shea & Gould, as escrow agent (the "Escrow Agent"), to be held in escrow in accordance with the terms hereof, simultaneously with the -2- execution and delivery of this Agreement, receipt of which is hereby acknowledged by the Escrow Agent; (b) Seventy-Six Thousand Five Hundred Dollars ($76,500) (the "Balance") by a certified check of Purchaser drawn on, or by an official check issued by, a member bank of the New York Clearing House Association (the "Association"), payable to the order of "Estate of Myrtle K. Hendrickson," upon the delivery of the Deed in accordance with the terms hereof. 3. Permitted Exceptions. The Premises shall be sold, and title thereto shall be assigned, transferred and conveyed, sub;ect to those matters set forth on Exhibit "B" attached hereto and made a part hereof and ALTA standard printed exceptions (collectively, the "Permitted Exceptions"). 4. Closing Date. The Closing shall take place at or about 10:00 A.M., on/October 15, 1988, at the offices of Peter J. Jefferson Station, N.Y.11776 Costiaan. Esquire, 105 Main Street Port / be of the essence with respect to Purchaser's ob ions hereunder as of the fifteenth (15th) d ter the later of (i) October 15, 1988, or (ii a date to which the closing may be adjourned p ant to Paragraphs 7.01 or 27 hereof (the dat which the Closing actually occurs being referred -3- 5. Apportionments. 5.01 The following are to be apportioned between Seller and Purchaser as of the Closing Date and the net amount thereof shall either be paid by Purchaser to Seller (such amount to be paid to Seller by a certified check of Purchaser drawn on, or by an official check issued by, a member of the Association, if such amount exceeds Five Hundred Dollars ($500), or by Purchaser's good personal check, if such amount is Five Hundred Dollars ($500) or less, in each case payable to the order of "Estate of Myrtle K. Hendrickson"), or credited against the Balance, as the case may be, at the Closing: (a) real property taxes; (b) sewer taxes and rents (if any); and (c) all other items customarily appor- tioned in connection with the sale of similar properties similarly located. 5.02 Apportionment of real property taxes and sewer taxes and rents (if any) shall be made on the basis of the lien year for which assessed. If the Closing Date shall occur before the real property tax rate is fixed, the apportionment of taxes shall be made on the basis of the tax rate for the preceding year applied to the latest assessed valuation. After the real property taxes and sewer taxes and rents are finally fixed, Seller and Purchaser shall make a -4- recalculation of the apportionment of same, and Seller or Purchaser, as the case may be, shall make an appropriate payment to the other based on such recalculation. 5.03 If, on the Closing Date, the Premises or any part thereof shall be or shall have been affected by assessments which are, or which may become, payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for purposes of this Agree- rent installments payable prior to the Closing Date shall be paid by Seller (subject to apportionment as provided herein), and installments payable after the Closing Date shall be paid by Purchaser. Any such installments payable by Purchaser shall not be objections to title whether or not the same constitute liens thereon on the Closing Date. 5.04 The amount of any unpaid taxes, assess- ments, water charges and sewer rents which Seller is obligat- ed to pay and discharge, with interest and penalties thereon to the second (2nd) business day after the Closing Date may, at the option of Seller, be allowed to Purchaser out of the Balance, provided that official bills therefor are furnished by Seller at the Closing. If there are other liens or encum- brances which Seller is paying and discharging pursuant to Article 7 hereof, Seller may use any portion of the Purchase Price to satisfy the same, provided that Seller shall deliver to Purchaser at the Closing instruments in recordable form -5- and sufficient to satisfy such other liens or encumbrances of record, in which event such liens and encumbrances shall not be objections to title. 5.05 If any refund of real property taxes, water rates and charges or sewer taxes and rents is made after the Closing Date for the period prior to the Closing Date, the same shall be applied first to the costs incurred in obtaining same and the balance, if any, of such refund shall be paid to Seller (for the period prior to the Closing Date) and Purchaser (for the period commencing with the Closing Date). 5.06 The provisions of Sections 5.02, 5.03 and 5.05 hereof shall survive the Closing. 6. Closing Documents. At the Closing, simul- taneously with the payment by Purchaser of the Balance, Seller shall deliver to Purchaser the following: (a) a bargain and sale executor's deed with covenant against grantor's acts (the "Deed"), in recordable form, duly executed and acknowledged, together with, at Seller's sole cost and expense, any requisite conveyance tax, in proper amount; and (b) a "nonforeign affidavit" that meets the requirements of Section 1445(b)(2) of the Internal Revenue Code of 1986, as amended, and contains Seller's taxpayer identification number. -6- 7. Title Insurance. 7.01 Within five (5) days after the date of this Agreement, Purchaser shall order from a reputable title insurance company (the "Title Company") a title report and commitment for an owner's title insurance policy (the "Com- mitment"). Within three (3) days after receipt of the Commitment, as to which time periods time shall be of the , essence, Purchaser shall furnish a copy of the Commitment to Seller's attorneys, together with a written statement as to any objections to the title that Purchaser may have as a result of matters disclosed in said Commitment, other than the Permitted Exceptions. Seller shall be entitled to an adjournment of the Closing for a reasonable period of time (not in any event to exceed ninety (90) days) in order to eliminate any of the aforesaid objections to title, other than the Permitted Exceptions. Seller shall be under no obligation, however, to remove any such objection to title or to bring any action or proceeding or incur any expense or make any payment in order to eliminate liens or encumbrances affecting the Premises or otherwise to make title to the Premises marketable. 7.02 If a search of the title discloses judg- ments, bankruptcies or other returns against other persons having names the same as or similar to that of Seller, Seller, on request, shall, at the Closing, deliver to -7- Purchaser affidavits showing that such judgments, bank- ruptcies or other returns are not against Seller. 7.03 Purchaser agrees that, not later than five (5) days prior to the date herein set for the Closing or any adjourned date thereof, as to which five (5) day time period time shall be of the essence, Purchaser shall notify Seller's attorneys in writing of any objection to title, other than the Permitted Exceptions, not theretofore disclosed in the Commitment. Any objection to title with respect to which Purchaser has failed to notify Seller's attorneys and which would appear from an examination of the Commitment, shall be deemed waived for all purposes, with the same force and effect as if such objection had at all times been a Permitted Exception hereunder, unless Purchaser shall have become aware of such objection for the first time within such five (5) day period. Any attempt by Seller to cure an objection shall not be construed as an admission by Seller that such objection is one which would give Purchaser the right to cancel this Agreement. 7.04 If Seller shall be unable to convey title to the Premises to Purchaser in accordance with the provisions of this Agreement, Purchaser shall have only the following rights exercisable within seven (7) business days after Seller gives Purchaser notice that Seller cannot convey such title: (a) to accept whatever title Seller is able to -8- convey without any abatement of the Purchase Price, without any allowance against same, and without any liability on the part of Seller, or (b) subject to the provisions of Section 7.01 hereof, to reject title and terminate this Agreement by notifying Seller of such termination, the time for giving such notice of termination being of the essence. Purchaser shall not be entitled to any other rights or remedies. If Purchaser shall reject title under clause (b) hereof, then neither party thereafter shall have any further liability whatsoever to the other hereunder, except that Purchaser shall be entitled to a refund of the Downpayment, together with any interest earned thereon, and the cost of title examination without insurance and survey. 7.05 The premium for Purchaser's title insur- ance policy, to be issued by the Title Company, shall be paid by Purchaser and all related charges and survey costs incurred in connection with the Commitment, shall be paid by Purchaser. 7.06 The existence of any conditions to which Purchaser agrees to take subject to under this Agreement or which Purchaser waives or shall be deemed to have waived shall not be deemed or construed to render Seller's title not in accordance with this Agreement, and notwithstanding that such conditions may render title uninsurable, (a) Purchaser shall not have the right to reject title by reason thereof, (b) the Purchase Price shall not in any respect be reduced or -9- abated, and (c) Purchaser shall not be entitled to any damages therefor. 8. The Downpayment. The Downpayment shall be held in escrow by the Escrow Agent, counsel to Seller, upon the following terms: 8.01 The Escrow Agent shall deposit the Down- payment in a passbook savings account bearing interest or invest the Downpayment in a money market or monetary fund having assets in excess of one billion dollars or, after due regard for the Closing Date, in short term government securities, certificates of deposit or commercial paper. 8.02 If the Closing takes place, the Escrow Agent shall deliver the Downpayment, and all interest accrued thereon to, or upon the instructions of, Seller at the Clos- ing, without credit for such interest against the Purchase Price. 8.03 If this Agreement is terminated in accordance with the terms hereof, the Escrow Agent shall pay the Downpayment and all interest accrued thereon to, or upon the instructions of, the party entitled thereto in accordance with the provisions of this Agreement. 8.04 If the Closing does not take place under this Agreement by reason of the failure of either party to comply with such party's obligations hereunder, the Escrow Agent shall pay the Downpayment, and all interest accrued -10- thereon, to the party entitled thereto in accordance with the provisions of this Agreement. 8.05 It is agreed that: (a) The duties of the Escrow Agent are only as herein specifically provided, and, except for the provisions of Section 8.06 hereof, are purely ministerial in nature, and the Escrow Agent shall incur no liability whatever except for willful misconduct or gross negligence, as long as the Escrow Agent has acted in good faith; (b) The Escrow Agent shall not be liable or responsible for the collection of the proceeds of the check for the Downpayment; (c) In the performance of its duties here- under, the Escrow Agent shall be entitled to rely upon any document, instrument or signature believed by it to be genuine and signed by either of the other parties or their successors; (d) The Escrow Agent may assume that any person purporting to give any notice of instructions in ac- cordance with the provisions hereof has been duly authorized to do so; (e) The Escrow Agent shall not be bound by any modification, cancellation or rescission of this Agree- ment unless in writing and signed by it, Seller and Pur- chaser; -11- (f) Except as provided in Section 8.06 here- of, Seller and Purchaser shall jointly and severally reim- burse and indemnify the Escrow Agent for, and hold it harm- less against, any and all loss, liability, costs or expenses in connection herewith, including reasonable attorneys' fees and disbursements, incurred without willful misconduct on the part of the Escrow Agent arising out of or in connection with its acceptance of, or the performance of its duties and obli- gations under, this Agreement, as well as the reasonable costs and expenses of defending against any claim or liabil- ity arising out of or relating to this Agreement; and (g) Seller and Purchaser each hereby release the Escrow Agent from any act done or omitted to be done by the Escrow Agent in good faith in the performance of its duties hereunder. 8.06 The Escrow Agent is acting as a stake- holder only with respect to the Downpayment. If there is any dispute as to whether the Escrow Agent is obligated to de- liver the Downpayment or as to whom the Downpayment is to be delivered, the Escrow Agent shall not be required to make any delivery, but in such event the Escrow Agent may hold the same until receipt by the Escrow Agent of an authorization in writing, signed by all of the parties having any interest in such dispute, directing the disposition of the Downpayment, and any interest accrued thereon, or in the absence of such -12- authorization the Escrow Agent may hold the Downpayment, and any interest accrued thereon, until the final determination of the rights of the parties in an appropriate proceeding. If such written authorization is not given, or proceedings for such determination are not begun within thirty (30) days of the Closing Date (as the same may have been changed by agreement of the parties) and diligently continued, the Es- { crow Agent may, but is not required to, bring an appropriate action or proceeding for leave to deposit the Downpayment, and any interest accrued thereon, in court pending such de- termination. The Escrow Agent shall be reimbursed for all costs and expenses of such action or proceeding including, without limitation, reasonable attorneys' fees and disburse- ments, by the party determined not to be entitled to the Downpayment, or if the Downpayment is split between the par- ties hereto, such costs of the Escrow Agent shall be split, pro rata, between Seller and Purchaser, upon the amount of the Downpayment received by each. Upon making delivery of the Downpayment in the manner provided in this Agreement, the Escrow Agent shall have no further liability hereunder. 8.07 The Escrow Agent has executed this Agreement solely to confirm that the Escrow Agent has received a check for the Downpayment (subject to collection) and will hold the Downpayment, in escrow, pursuant to the provisions of this Agreement. -13- 8.08 The Escrow Agent shall have the right to represent Seller in any dispute between Seller and Purchaser with respect to the Downpayment or otherwise. 9. Possession. Seller represents and warrants to Purchaser that the Premises will be, on the Closing Date, vacant and free of all tenancies and occupancies. 10. Broker. Purchaser represents that Purchaser has not dealt with any brokers in connection with this transaction. Purchaser shall indemnify and hold Seller harmless from and against any and all claims, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) for brokerage commissions, fees or other compensation due any person, firm or corpora- tion, who shall allege to have acted in this transaction with Purchaser or dealt with Purchaser in connection herewith. The provisions of this Article 10 shall survive the Closing or termination of this Agreement. 11. Condemnation. If prior to the Closing Date, all or any portion of the Premises is taken by eminent domain (or is the subject of a pending or contemplated taking which has not been consummated) (a "Taking"), Seller shall notify Purchaser of such fact and Purchaser may, at its option, to be exercised by Purchaser within ten (10) business days after notice by Seller, (i) proceed to the Closing notwithstanding such Taking, in which case Purchaser shall not be entitled to -14- any abatement or reduction in the Purchase Price, and Seller shall assign and turn over, and Purchaser shall be entitled to receive and keep, all awards for the Taking, net of any costs incurred by Seller in collecting such funds, or (ii) terminate this Agreement, in which case Seller shall be entitled to receive and keep all awards for the Taking and Purchaser shall be entitled to the return of the Downpayment, with interest earned thereon, if any, and thereupon neither party to this Agreement shall have any further rights or obligations hereunder. If Purchaser fails to notify Seller within the aforementioned ten (10) business day period of its election, as to which ten (10) day period time shall be of the essence, Purchaser shall be deemed to have elected clause (i) above with the same force and effect as if Purchaser had elected clause (i) within such ten (10) business day period. 12. Default; Remedies. If Seller shall tender the Deed in compliance with its obligations hereunder, and if Purchaser shall fail or refuse to close title as required by the terms of this Agreement, or if Purchaser otherwise is in default hereunder, then Seller's sole remedy shall be to receive the Downpayment, with interest earned thereon, as liquidated damages, and not as a penalty, and thereupon neither party to this Agreement shall have any further rights or obligations hereunder. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be -15- J . entitled to at law or in equity, including, but not limited to, specific performance. 13. Notices. All notices, demands or requests made pursuant to, under or by virtue of this Agreement (in each case, a "Notice") must be in writing and sent to the party to which the Notice is being sent, by certified or registered mail, return receipt requested, Express Mail Service or other commercial overnight delivery service or delivered by hand with receipt acknowledged in writing as follows: To Seller: c/o Frank C. Hendrickson, Jr., Box 147, Sweet Road, Lincoln Center, Maine 04558 with a copy to: Shea & Gould 1251 Avenue of the Americas New York, New York 10020-1193 Att: David B. Manowitz, Esq. To Purchaser: with a copy to: POP 1 -EFi= Er.: Ji . , i r, -16- y ' All Notices (i) shall be deemed given when received, and (ii) may be given either by a party hereto or by such party's attorney set forth above. 14. Mortgage Loan. It is understood and agreed that this Agreement is not subject to and conditioned upon Purchaser obtaining financing with respect to the transaction contemplated hereby. 15. Entire Agreement. This Agreement contains all of the terms agreed upon between the parties hereto with respect to the subject matter hereof and all understandings and agreements heretofore had or made between the parties hereto are merged in this Agreement which alone fully and completely expresses the agreement of said parties. 16. Amendments. This Agreement may not be changed, modified or terminated, except by an instrument executed by the parties hereto who are or will be affected by the terms of such instrument. 17. Waiver. Purchaser may waive compliance by Seller with respect to any of Seller's representations or agreements set forth in this Agreement. No waiver by either party of any failure or refusal to comply with its obliga- tions hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply. 18. Successors and Assigns. The stipulations aforesaid shall inure to the benefit of, and shall be binding -17- y ' upon, the successors and, as permitted by this Agreement, assigns of the respective parties. 19. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforce- able, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 20. Section Headings. The headings of the various Sections of this Agreement have been inserted only for the purposes of convenience, and are not part of this Agreement and shall not be deemed in any manner to modify, explain, expand or restrict any of the provisions of this Agreement. 21. Governing Law. This Agreement and the transactions contemplated hereby shall be governed by, interpreted under, and construed and enforced in accordance with, the laws of the State of New York. 22. Assignment. This Agreement may not be assigned by Purchaser without the prior written consent of Seller. Any purported assignment in violation of this Article shall be void. -18- y ' 23. Binding Effect. This Agreement does not constitute an offer to sell and shall not bind Seller unless and until Seller, in Seller's sole and unreviewable discretion, elects to be bound hereby by executing and unconditionally delivering an original counterpart hereof. 24. Access to the Premises. 24.01 Purchaser shall have the right, upon prior written notice to Seller, to inspect the Premises at all reasonable times. 24.02 Purchaser shall indemnify and hold Seller harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) which Seller may incur arising from Purchaser's access to the Premises or any act committed by Purchaser, its representa- tives, agents or invitees thereon. 25. No Recording or Notice of Pendency. Seller and Purchaser each agrees that neither this Agreement nor any memorandum or notice hereof shall be recorded and Purchaser agrees (a) not to file any Notice of Pendency or other instrument (other than a judgment) against the Premises or any portion thereof in connection herewith, except in connection with obtaining specific performance, and (b) to indemnify Seller against all costs, expenses and damages, including, without limitation, reasonable attorneys' fees and -19- S y ' disbursements, incurred by Seller by reason of the filing by Purchaser of such Notice of Pendency or other instrument. 26. Executors Only. Purchaser expressly acknowledges and agrees that Purchaser has dealt with Frank C. Hendrickson, Jr., C. Norman Schmidt, and H. Bertram Keller in their capacities as Executors of the Estate of Myrtle K. Hendrickson, and not in their individual capacities, and accordingly, in no event shall Purchaser make any claim against said Executors in their individual capacities in connection herewith. 27. Subdivision or Realignment. Purchaser expressly acknowledges and agrees that the Property, as of the date hereof, constitutes a portion of a larger parcel of unimproved land now owned by Seller, which larger parcel has not been subdivided or realigned, for purposes of zoning, tax and other governmental laws, rules and regulations, to permit the transfer of the Property to Purchaser as contemplated hereby (said larger parcel of land being referred to herein as the "Large Lot"). Accordingly, notwithstanding anything to the contrary contained herein, Seller's obligation to consummate the transaction contemplated hereby is expressly conditioned upon and subject to the Town of Southold, or such other governmental agency having or asserting jurisdiction (each, the "Authority"), approving the subdivision of the Large Lot into two parcels, or the realignment of existing -20- property boundaries to effectively divide the Large Lot into two parcels, one of which parcels being the Property, and the other of which parcels being the portion of the Large Lot other than the Property (the "Split Lot") (said subdivision or realignment being referred to herein as the "Zoning Change"). Seller shall use its diligent efforts to cause the Zoning Change to be obtained, and Purchaser shall cooperate with Seller in connection therewith. Purchaser and Seller expressly acknowledge and agree that in connection with the approval of the Zoning Change, the Authority may require that the Split Lot and the Property be annexed or included within the adjoining lots now owned by Seller and Purchaser, respec- tively (the lot now owned by Purchaser being referred to herein as the "Purchaser's Lot" and the lot now owned by Seller being referred to herein as the "Seller's Lot"), in which case Seller and Purchaser shall cooperate with each other and with the Authority to accomplish such annexation or inclusion. Seller and Purchaser expressly acknowledge and agree that the effect of the Zoning Change and such annexation of the Property and the Split Lot to the Seller's Lot and the Purchaser's Lot, respectively, may be to render the Split Lot and the Property unimprovable under existing zoning laws and similar rules and regulations, it being agreed that such effect shall not be deemed to invalidate the zoning change for purposes hereof. If the approval of the -21- Zoning Change shall not be obtained by October 15, 1988, then Seller shall elect, by giving written notice to Purchaser within five (5) days from October 15, 1988, to either (i) terminate this Agreement, or (ii) adjourn the Closing for a period not to exceed sixty (60) days (the date to which the Closing is adjourned being referred to herein as the "Extended Date") to obtain the approval of the Zoning Change by the Authority. If Seller elects to terminate this Agreement pursuant to clause (i) above, then the Downpayment, and all accrued interest thereon, shall be returned to Purchaser, and thereupon, neither party shall have any obligation or liability to the other hereunder. If Seller elects to adjourn the Closing pursuant to clause (ii) above, and if, on the Extended Date, Seller has not yet obtained such approval of the Zoning Change, then, on the Extended Date, this Agreement shall automatically be deemed terminated, and in such event, the Downpayment, and all accrued interest thereon, shall be returned to Purchaser, and thereupon, neither party shall have any obligation or liability to the other hereunder. If Seller fails to elect either clause (i) or clause (ii) above on October 15, 1988, as aforesaid, then Seller shall be deemed to have elected clause (i). Purchaser and Seller expressly acknowledge and agree that in the event Purchaser elects to sell the Purchaser's Lot prior to the Closing, then, notwithstanding -22- Y y the provisions of Paragraph 22 hereof, Purchaser shall assign all of her right, title and interest hereunder and herein to the purchaser of the Purchaser's Lot, and shall cause such purchaser to expressly assume all of Purchaser's obligations, liabilities and responsibilities hereunder, it being agreed that in the event that Purchaser sells the Purchaser's Lot, Purchaser shall not be required to obtain Seller's consent to the assignment of Purchaser's right, title and interest herein to the purchaser of the Purchaser's Lot. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. ESTATE OF MXTLLE Kf HE~ DRIC SON seller ~y~? Z' fir' By: ,/~ank C. Hendrickson, Jr.~ Executor By: C. Norman Schmidt, Executor By: H. Bertram Keller, Executor THOMAS S. BLANKLEY uu- SUSANNE L. BLANKLEY The undersigned has executed this Agreement solely to confirm its agreement to hold the Down- payment in escrow in accordance with the provisions hereof. SHEA & GOULD, Escrow Agent By: Part er EXHIBIT "A" Property Description BEGINNING at a point on the southerly line of a certain 16 1/2 foot right of way known as Youngs Road, said point being the division line between land of Thomas S. Blankley and wife on the west, and Frank C. and Myrtle Hendrickson on the east, running thence along Youngs Road N83-00IE 67.50 ft. to a point, thence 524-4915011E 213.62' to the high water mark of Jockey Creek, thence westerly along the high water mark of said Creek 556-4815011W 83.00' to a point on the division line between lands of Frank C. and Myrtle Hendrickson on the east and Thomas S. Blankley and wife on the west, thence along said division line N20-4111011W 247 ft. to the southerly line of Youngs Road, at the point of beginning. TOGETHER with all of the right, title and interest, if any, of Seller in and to Jockey Creek in front of and abutting said premises. TOGETHER with a right of way over said 16 1/2 foot right of way known as Youngs Road from the southerly end of Youngs Avenue to the northwesterly corner of the premises herein described. RESERVING, HOWEVER, to L. Barron Hill and Adelaide H. Hill, his wife, their distributees and assigns, the right and privilege to make reasonable changes and alterations in the course and location of said right of way over and upon other land of said L. Barron Hill and Adelaide Hill, his wife, it being understood and agreed, however, that L. Barron Hill and Adelaide Hill, his wife, shall not be responsible for the maintenance and upkeep of said right of way beyond the extent that said right of way abuts upon property lying between said right of way and the waters of the bay or creek which they continue to own, each owner of property abutting therefrom, including Purchaser herein, to be chargeable with maintaining a suitable, safe and hard surface for the ordinary purposes of travel in the bed thereof insofar as the same lies in front of his or their property. EXCEPTING AND RESERVING to L. Barron Hill and Adelaide H. Hill, his wife, their distributees, assigns, nominees or licensees, the right and privilege to enter upon the property herein described and lay, construct, erect, and maintain therein or thereon sewer pipes, water or gas mains, telephone or electric light poles, wires or conduits, with all ordinary appurtenances and fittings; provided, however, t Standard N.Y.S.T.U. Form 8008 # 7-55.10M-Warranty Deed Wirh Full Co%cnam-Individual or Corporation. J n x4494204 PacE456 THIS INDENTURE, made the day of October nineteen hundred and fifty-six,, BETWEEN L. BARRON HILL and ADELAII~ H. HILL, his w1fe, both residing at Southold, in the Tomn of Suffolk and State of New York 1 6 RECEIVED BY SOUTH LD Mill PLAMIA BOARD } JUN - 51989 IN 2 _ 0 19RR DATE . a _ party of the first part, and PRANK C. HENDRICKSON and MYRTLE H.HIORICKSON, his wife, both residing at Southold, Suffolk County, New York, 1V ii party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN dollars, lawful money of the United States, and other good and valuable consideration, paid li 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, Yrfm ~ situate, lying and being ~ at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by an iron pipe set on the southerly line of a certain 16-1/2 foot right of way at the northwesterly corner of lend conveyed by L.Barroa Hill and Adelaide H. Hill, his wife, to Frank C. Hendrickson and Myrtle H.Hendrickson his wife, by deed dated October 5, 1953, and recorded in the Suffolk County Clark's Office on October 13, 1953; running thence along the last described land South 29 degrees 55 minutes 40 seconds East a distance of 160.63 feet to ordinary high aster mark of Jockey Creek as of that date; continuing thence southerly in a direct ex- tension of said line 37.38 feet to the existing ordinary high water mark of Jockey Creek; running thence in a general westerly direction along said ordinary high water mark to a point whist is South 60 degrees 04 minutes 20 seconds west a distance of 165.00 feet from the last described point; running thence along Other land of L. 1~ Barron Hill and wife North 20 degrees 41 minutes 10 seconds west a distance of 253.26 feet to the southerly line of said right of way; running thence along the southerly line tof said right of way North 63 degrees 00 mutes East a distance of d so*n~ d rot at8etobfe?o 1956Patteto3tfed hgerme o8+ according to surv~ of Otto w. van Tuyl TOGETHER with all the right, title and interest, if any, of the parties of the first part in and to Jockey Creek in front of and abutting said premises. TOGETHER with a right of nay over said 16-1/2 foot right of way from the southerly end of Youngs Avenue to the northwesterly corner of the premises herein described.- r'. RESERVING, however, to the parties of the first part, their distributees and assigns the right and privilege to make reasonable changes and alterations in the course and location of said right of way over and upon other land of said parties of the first part, it being understood and agreed, however, that the parties of the first part shall not be responsible for the maintenance and upkeep of said right of way beyond the extent: that said right of way abutts upon property lying between said right of way and the waters of the bay or creek which they contiaate to own, each owner of property abutting therefrom including the grantee herein to be chargeable with main- taining a suitable, safe and hard surface for the ordinary purposes of travel in the bed thereof insofar as the sane lies in front of his or their property. ~I EXCEPTING AND RESERVING to the parties of the first part, their distributees, assigns, nominees or licensees, the right and privilege to enter upon the property herein described and lay, construct, erect and maintain therein or thereon sewer it pipes, water or gas mains, telephone or electric light poles, wires or oonduits, with all ordinary appurtenances and fittings; provided, however, that /ewers, pipes, li . t - li LiBER 420 PAGE ems} ' - mains, poles or conduits shall be laid, constructed or erected only within five ' (5) feet of the right of way line of the said property in each instance. AND.'th1 i~sY[ve'}tlanee is made subject 'to the following covenants, restrictions, - agreement`s: and reservations:- 1. That said premises shall be used exclusively for residential purposes only. 2. That the construction and erection of buildings on the premises is limited to one-one-family residence only of conventional type to cost not less than $40000.; one private•garage -with servants quarters constructed or erected in connection with the garage, one boat-house and one bath-house. S. No building of any kind or attachment thereto, hedge or fence shall be con- structed or erected on the premises within twenty feet of the top of the slope of the beach bank, except that one boat house and one bath house may be constructed on the beach either of which shall not exceed twelve (12) feet in height above mean high water mark. 4. All sewage arising from the use and occupancy of the premises shall be disposed of in cesspools or in septic tanks end no outside toilets shall be erected or•main- tained. 5. No sewage or refuse of any kind shall be permitted to empty into the adjacent waters and the grantee herein agrees to keep said waters and the lead bordering on said waters in front of the.above described premises free and safe therefrom and free from other debris. 6, No horses, cows, cattle, goats, hogs, poultry or ducks shall be kept or raised on said premises nor shall any use be made of said premises, which is offensive, unsightly, unhealthy or tending to damage in any manner the adjoining property or to disturb the peace of the inhabitants of the neighborhood. All or any of the above covenants and restrictions may be modified, altered or annulled as-to the premises described herein or as to any other neighboring property now or formerly owned by the parties of the first pert at any time by written agree- 1 ment by and between the grantors, their distributes or assigns, and the then owner fo the time being of the premises upon which It is agreed to amend, alter or annul such covenants and restrictions and such agreement shall be effectual to modify, alter or annul such restrictions as to said premises without the consent of the owner or owner of any adjacent premises or any other neighboring premises, now or formerly owned by the parties of the first part, or of any other party or mortgagee holding any in- terest in the said premises. The foregoing covenants and restrictions shall be deemed real covenants running with the lend end be binding upon the successors, assigns, distributees, legal re- presentatives, executors or adninistrators of the respective parties hereto until the first day of January, 1980, when they shall cease and terminate. I I c~ LIM'4204 PA6459 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. I I it ~I I I f i ii I I I, AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of i. the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply ~I 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. j' AND the party of the first part covenants as follows. FtnsT.-That said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; SECOND.-That the party of the second part shall quietly enjoy the said premises; Tnisn.-That the said premises are free from incumbrances, except as aforesaid; FOURTH.-That the party of the first part will execute or procure any further necessary assurance of the title to said premises; FIFTH.-That said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above it written. IN PRESENCE OF: (L.Barron Hill) (L•S.) (Adelaide H. Hill) N it 6 it ` YORK. TY OF SUFFOLK. s : STATE OF NEW YORK, COUNTY OF On the day of Oetober, 19 58 , before me On the day of 19 before me personally'came L. I LMN HILL and personally came ADMAIDS H. HILL, his rife, to me known to be the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they the same, executed the same. thNotary Publi~~~ ~ RENssri_'. G'TwR'f?Y. Jrt: . NOTNrY Ne`n/ YORK JI< C6an:y I STATE OF NEW YORK, COUNTY OF ss: I STATE OF NEW YORK, COUNTY OF On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. y O N H Q W w~ ; zoZ 'I'll V w 94 ~a o F4 ~ jZ s raqq E°) x F g g 9 a e b a o trr'~~ ~1 o z x k w U 0 0 V C3 m W O4 r.sa b pg~ o r' DE o 'b" W' W o °Cp d ; z .a PLO tl z FM 1 W M J O z RECORDED OCT29 1956 ®r4 S6 M. W ClCl h of Suffa C"FRY W / n N N S H W 7 p r/ 3371 9-33•IOM-Wwauq Deed With Full Co iUM&I bra ''I md.a..a PLEASE. 10 NOT P~~~~~ PAGE p I yiry 1 THIS INDENTURE, made the 5th day a eT neteet hundred ree I,tItD <,< BETWEEN MTHOLD ?G4 N L. BARRON HILL d ADELAXONAL ny,,'-his tirtfe-botli residing at Southold, in the Town of Southold, County of Suffolk, and State of New York, party of the first part, and FRANK C. HENDRICKSON and MYRTLE H. HENDRICKSON, his wife, as tenants by the entirety, both residing at 195 Brixton Road, Garden City, Nassau County, Now York, party of the second part, WITNESSETH, that the party of the first part, in consideration of - - - - - - - - - - -`PEN ($10.) - - - - - - - - - - - - - - dollars, lawful money of the United States, end other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto ththhe~ppa~rtyy of the second part, and assigns forever, ALL that tract or parcel of land situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows; BEGINNING at a concrete monument set on the southerly line of a cer- tain 161-foot right of way at the westerly corner of land of A.L.R. Francisco, and running along said land of A.L.R. Francisco, South 46. degrees 25 minutes 20 seconds East, a distance of 240.0 feet to ordinary high water mark of Jockey Crook; thence westerly along said ordinary high water mark of Jockey Creek 200 feet, more or less, to a point (which point is North 85 degrees 50 minutes 20 seconds West 193+.49 feet from the southeasterly terminus of the first-described course); thence along other land of said parties of the first part, North 29 degrees 55 minutes 40 seconds West, a distance of 160.63 feet to the southerly line of said 161-foot right of way; thence along said southerly line of said 161 foot right of way, North 83 degrees 00 minutes East, a distance of•100.0 feet to the point of beginning. TOGETHER with all the right, title and interest, if any, of the parties of the first part in and to Jockey Crook in front of and abutting said premises. TOGWHER with a right of way over said 16.1-foot right of way from the southerly end bf Youngs Avenue to the northwesterly corner df the premises herein described. RESERVING, however, to the parties of the first part, their distri- butees and assigns the right and privilege to make reasonable changes and alterations in the course and location of said right of way over and upon other land of said parties of the first part, it being under- stood and agreed, however, that the parties of the first part shall not be responsible for the maintenance and upkeep of said right of way beyond the extent that said right of way abutts upon property lying between said right of way and the waters of the bay or creek which they continue to own, each owner of property abutting therefrom including the grantee herein to be chargeable with maintaining a suitable, safe and hard. surface for the ordinary purposes of' travel in the bed thereof insofar as the same lies in front of his, or theft` property. r A t \ ~v: . v~.nvvar rnucti.a_W EXCEPTING AND RESERVING to the parties of the first part, their dist butees, assigns, nominees or licensees, the right and privilege to enter upon the property herein described and lay, construct, orect any maintain therein or thereon sewer pipes, water or gas mains, telephone or electric light poles, Area or conduits, with all ordinary appur- tenanoes and fittings; provided, however, that sewers, pipes, mains, poles or conduits shall be laid, constructed or erected only within five (5) feet of the right of way line of the said property in each instance. AND this conveyance is made subject to the following covenants, restrictions, agreements and reservations;- le That said premises shall be used exclusively for residential purposes only, - 2. That the construction and erection of buildings on the premises is limited to one one-family residence only of conventional type to cost not less than 44,000.; one private garage with servants quarters constructed or erected in connection with the garage, one boat-house and one bath-house. 3. No building of any kind or attachment thereto, hedge or fence shall be constructed or erected on the premises within twenty feet of the top of the slope of the beach bank, except that one boat house and one bath house may be constructed on the beach either of which shall not exceed twelve (12) feet in height above mean high water mark. 4. All sewage arising from the use and occupancy of the promises shall be disposed of in cesspools or in septic tanks and no outside toilets shall be erected or maintained. 5. No sewage or refuse of any kind-shall be permitted to empty into the adjacent waters and the grantee herein agrees to keep said waters and the land bordering on said waters in front of the above described premises free and safe therefrom and free from other debris. 6r No horses, cows, cattle, goats, hogs, poultry or ducks shall be kept or raised on said premises nor shall any use be made of said pre- 'mises, which is offensive, unsightly, unhealthy or tending to damage in any manner the adjoining property or to disturb the peace of the inhabitants of the neighborhood. All or-any of the above covenants and restrictions may b© modified, faltered or annulled as to the promises described herein or as to'any ;other neighboring property now or formerly owned by the parties of the ;first part at any time by written agreement by and between the grantors, their distributees or assigns, and the then owner for the time being of ;the premises upon which it is agreed to amend, alter or annul such covenants and restrictions and such agreement shall be effectual to 'modify, alter or annul such restrictions as to said presses without the consent of the owner or owners of any adjacent premises or any other neighboring promises, now or formerly owned by the parties of the first part, or of any other party or mortgagee holding any interest in the said premises. The foregoing covenants and restrictions shall be deemed real covenants running with the land and be binding upon the successors, assigns, distributees, legal representatives, executors or adminis- trators of the respective parties hereto until the first day of Janga'y, 1980, when they shall cease and terminate. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets end 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, Bey/ and assigns forever, AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: FrasT.-That said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; SECOND.-That the party of the second part shall quietly enjoy the said premises; THrED.-That the said premises are free from incumbrances, except as-aforesaid; FOuRTB.-That the party of the first part will execute or procure, any further necessary assurance of the title to said premises; Frtrrm-That said party of the first part will forever warrant the title to said premises. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE L. Barron Hill ptt~s, 7L Aea33eH.Hill) STATE OF NEW YORK, COUNTY OF ?Ww~ ss.: On the day of a l,C'4;-i-_ nineteen hundred and fifty-three, before me personally came L. BARRON HILL and ADELAIDE H. HILL, his wife, to me known to be the individual 8 described in and who executed the foregoing instrument, and acknowl- edged that they executed the same. - °Y; Ul~w YuY ' Nvuq F'ud:., ...Nu. a «-I^AO CS: T . r&d .eeti a.~ . .ro FaP~u i 0 c ~ „ i. 0 2C o s 5 RECORDED OCT 1 3 1953 ~ C WILLIAM N. FRY ~I Cl.ik of Suffolk Count STATE OF NEW YORK, COUNTY OF as.: On the day of nineteen hundred and before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF ss.: On the day of , nineteen hundred and before me personally came subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he was present and saw execute the same, and that he, said witness, thereupon at the same time subscribed h name as witness thereto. p H a ~ ~ z ro [ s z a w ix °r'_ q V UYU z d to ~ 00 0 P4 wq Cj H V jF N Y 5 j; < m, v p p w 0 ' o Z H w 8 d , a g a x s n c w D1 V S~ M ° m o 3 ° o E4 y V 22 r~ F q W V_ tt O Z 19 Q ~l H t`J\ W LA- M t6:D 'a C N O 0 O N C r S \ t, Q W J W cc ell .-JVU_ U _ W N Z F Ifi. j r that sewers, pipes, drains, poles or conduits shall be laid, constructed or erected only within five (5) feet of the right of way line of the said property in each instance. L shown on a survey made by Anthony W. Lewnadowski, dated j November 28, 1987, revised December 22, 1987 and June 15, 1988, • and any changes or additions since such date shown by a new, EXHIBIT "B" t Permitted Exceptions 1. Rights of others in and to any stream crossing the Premises. 2. *ny state of facts "c)I!9h-v4 accurate current survey or ^ physical inspection of the Premises w9uld , provided that same do not render title unmarketable, or disclose any lack of contiguity of the premises with property of the purchasers bounding on the west. 3. With respect to Seller or any predecessor in title, liens securing any unpaid franchise or income taxes, provided the Title Company shall agree at the Closing to issue to Purchaser a policy of title insurance insuring Purchaser against the collection of such liens out of the Premises. 4. Unpaid real property taxes and assessments, water rates and charges and sewer taxes and rents, together.with any interest and penalties thereon, which accrued prior to the Closing, provided the same are apportioned as provided in Section 5 hereof. 5. Zoning laws, regulations, and resolutions of any governmental authority having jurisdiction over the Premises. 6. Any utility and telephone company rights and easements to maintain poles, wires, cables, pipes, boxes and other facilities and equipment in, over and upon the Premises, whether or not of record. provided said utility easements are on the perimeter of the property and do not intrude for a distance greater than ten (10) feet. 7. Rights and easements for the installation, maintenance and replacement of water pipes and mains and sewer lines, facilities and equipment in, over and upon the Premises whether or not of record. 8. Consents by Seller or the former owner of the Premises for the erection of any structure or structures on, under or above any street on which the Premises may abut. 9. Encroachments from adjoining property of stoops, areas, steps, trim, cornices, lintels, window sills, awnings, canopies, ledges, fences, hedges, and coping and retaining walls over the Premises. 10. The lien of any unpaid real estate tax, vault charge, water charges or sewer rents, provided that same are paid or apportioned at the closing as provided herein. 11, covenants, restrictions, rights of way and easements of record, provided that same do not prohibit or substantially restrict Purchaser's use of the Property as a yard adjacent to other real property owned by Purchaser. ESSEKS, HEFTER & /ANGEL nIRECEIVED BY COUNSELORS AT LAW S~U1h~Lp JUIII) II l~ D J{~JI~,NI~ B 108 EAST MAIN STREET Iiil'J 1) P. O. BOX 279 RIVERHEAD, N.Y. 11901 DATE WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELEX-EHCA 6852318 UW P. 0. BOX 570 TELECOPIER NUMBER (516) 369-2065 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ (51 6) 726-6633 JOHN M. WAGNER May 26, 1988 WILLIAM POWER MALONEY ALAN D. OSHRIN OF COUNSEL Planning Board of the Town of Southold Main Road Southold, New York 11971 Re: Application for Approval of Plat of Frank C. Hendrickson Jr. Gentlemen: On January 19, 1988 an application for minor subdivision approval was filed with you with regard to the above matter. It is my under- standing that you are holding the documents with regard to this application in abeyance, pending the filing of necessary variance applications with the Zoning Board of Appeals of the Town of Southold. Mr. and Mrs. Hendrickson are contemplating withdrawing their applica- tion for approval of a minor subdivision at this time. However, prior to withdrawing their application, we require confirmation from you as to any approvals or applications which may be required with regard to the following anticipated transaction. Instead of dividing the subject premises into two lots, Mr. and Mrs. Hendrickson are proposing to reestablish the boundry line between their parcel of property and the parcel of property adjoining their property to the west, as shown on the setoff map filed herein as owned by Pierson R. and Katherine S. Hildreth. That is to say, Mr. and Mrs. Hendrickson propose to convey to the present owners of this property the westerly portion of their property. Mr. and Mrs. Hendrickson will, as a result of this conveyance, own one lot improved by an existing frame house containing an area in excess of 40,000 square feet. The adjoining property owner to the west will similarly own one lot with an area in excess of 40,000 square feet which is improved by an existing dwelling. No new lot will be created and the two lots resulting from this realignment of property lines will conform with the Zoning Ordinance of the Town of Southold. A survey is now being prepared which will indicate the new boundary line between the property owners. We shall be happy to forward a copy of the survey to you as soon as we obtain it. In the interim, we would appreciate your advising us as to the necessity of any further applications or approvals with regard to this contemplated transaction. Very truly yours, i4C a A ex. Marcia Z. Hefter MZH:cab 'fAP OF PROPERTY 5U2VEYED F02 33 SOUTH VIEW DRIVE BROwVWD HILLS ESTATES, I Nom.. C FR I VAT E r< P.) td.56 co E. IQJ.O r B105. ROwt'5 HILL.RQ- AT -0- 01 21 ENT AWN OF SOUTHOLD, N_Y, a -N_ of j ' ~_VACANT J ^ / r o• ¢r:''dion \'or St^tt F , SnnC~A/LE 30~~/{1' d A.Qf& " 15y700 S. F, *.14 lilt u s e Off. PILL w ' / 111 5.55 ?3?0~.+f. I~•O i~p to Ei;r G2051<_O~;L1 - c t'av °q. GJARA:~ TEED TO COMMONWEALTH LAND -f-,LE INSURANCE COMPF;NY -AS SU .TEYED OCT_.251 8 ~4\\ TcODFFJC(C VAN TUYLI P.C, 5UFF CO. TAX MAP DATA : 1000 -13 - 3 - ( 1 LIC.LA':~. 5U2VEY025 GRELNPQRT, NY. •,n ~ i tA81 ~S?rnrue L. -e. F,P.v-veieco M O n ~ 6 \ P~ r I oti o' 1 F~LC N0. _u i:Gai r 1 r (`ti 9~ P n' n,91 ~ F Ir ~o N ~ ~ r~~ hay 01 Q0 ll , l F0UK C0.: LANN'1 N (a DEPT 0,~ / 'JUE~r~a ~~LS;rB ~y~l SECTION .'°:rrt U ngr p.- n.eM= r / ~O' ~U ~3`~ ~V hA (nV 19 BY: 3ss9 i1, e:~=,~1 ~E ~t° V~ l f~ w The subdivision of this parcel, as proposed, has been approved by they Suffolk County Planning i Commission subject to Y conditions deemed neces- sary to. help preserve the natural and aesthetic U Y') H~~~ Qo- i-<~~Gff`w attributes of I . ~I), ~I/ sou z" E y Y ~ a b r., ' Refer co letter for conditions. I, i L III b~ r y f'~ r,• of nFr. - 51988~`~~~~ Wh 0-1 i-T 7;67 FLn,vrduic_q~~•,r n IOdt ~ 9eEr a~ t/~iv Lary 14da1 N~ 1' V~ 'rn Go7fizLo7yf/= ~Pk/d F nVya?.~e ,,aurCAlrntE h Ndi?oeicr v "~Zi'`u'j'SF La4N.lLeN_•10ulirWCO ~dFiGauLnu+'rY ~/.Y, =5~!/ds~ [or[/~~ c~irvcGC ti` e J a f7KEN OLD Z,,r 7¢/3•F. A~'FA O/O Lol 3i lSZ 3• F. .l+~e:vdcDLoPSl3'=L734~3•F ' ~yEO tuNOs ANpE .PE?~9EP iS/oY, 7/98~.c6YtS - 1 ~ rlb j ~r1~1~ 0~y ~4. LEpi i,~~9~t L ll! ~9~ O orr- OG7C1jE.[ ~ pfc ~Z /y~~Q 1q^( O J 'C) 1~~iur Cvr? vx,.i i vo, wo_n7o-a -4aat~~w`.. ~~i f~ ) Z r?, „IEUI o) a:. (~'f'A LgNO .JcIlNflbC Tp4~OF So Znj' ;~r".'..+~ ° =e'~ - ~wrrexd,,?• y, N5eH R ShcBDil"M, ,d6bf L;nt' ctce,r.L" TAX m4 , 4. 36~G P FUV NEW V0 ~ W Y 0 YONN"M CEAnSlRCATI%4 APPROVAL DATE .1 I OtvELG/N[y i 1 qN I n gyp/ ' I VJ.' VV ~ C•CFEK . , ro Y 4 a r E rl S fio+~i-~~ ~ n ~~a~~ ,Car n1,vv " /v of ~?~s°y'~' b~{~1°a \oo i I,o 6 ~ 1 pl ~ b Ib ~y Test /N~aLE 6rwn~ if~ ' 1~ i 9 x pO 'r~~_ Zoo e'~"C.< rY I Ai p r I I s.~. T'i% ~o ruV D n~ rt'~<< Nov 1008 0 1'iM~~. f~ ° yam. +e~W soBTH01D TOWN PLANNING BORRB /3'Nb r . k'., ~ t_ MAOIFO.[•F,P.QUKC•C~iNYrLENNCnfOR/cK>fpN ~o~nr/ov,>ourirwcv ~d.~fxe-L'oUV~Y A4 " ~P~Ory~ RpE~ LICE ~~JfJC{~ LOTL/.YE c'NN/+GS' I/ffTiYElC/ P~fti K. I¢' PN.FC6"L ~ ~ , r~ . AREA oAFCEL I= /L/e7ZS.F= a,3B7,f .r c A#A oi/,~dC 7l- f/Z~/4d>.F, s 0,9lBNUE ~~14 ' ~P(!~/.91,rt«,lI!'= 3l, 7~//>.~>D.Gff/~~c d/ p~ ~JI taSEV LAryO 3G { r4~ 1~ vaF' LElbq 9~F ---s, cw ,Oe-mvw 1.4 y E?ieEn Nar, 7/988 rye i f J h~ a A'1p F,c J(JfFlxC CacW7Y .gXM.I/NO,ibwn•'a7o-O -434445 J / ~g °y A.vnvavr /N,Llw,f^?GY/~?Ar t,. . ,itit ~ LANO Jar!?!Id! ' so- .t r ~ uc' ':,tc Kc . 'GKG 0.'C a _ e Q, Py' F YO NEW 1 SEW y0 l iii AT- O. t E«/.v4 _ ,OW~"r GCEl.G r r1 / ~ Pt~,~h v ~o 4 O Y/ 6~ ~ mss ~a Fy - M"y ~ A ~ D J4~ .f'EY y/AP ~roooE u~,9so~ :y 5~h1®r°a b\ .i, 72-4 A-01" rfry rU,.`'° J o. ~v. 're ~ ir !m 0 0 ~ ~l acs ) AFC - 51986 SOUTHOLDTOW MMMMgmn,, ,j y ssw g~,U~yy LaT? nReeEes~L,w%rL'plf~rer~fNNc..rv,~/~k,rav ~~nlGfiY.~urnkup ~ari~cvxL'o~tvrK NY ~tv ~f;":1 Larv~~yzL~us~=ss~ias~ 7] ,f a ,4,N-VO4oZo'IW=3;l5z3,1 a + ,WSA dLp Lo>4(4= U,34~J 3•F, DA/f, 44n4AFX 14~ /)W --dome Ea NOr, gig dywyff, / Icy/ 17~' ~~~ED LAND „6 ate oec,z/9 ,1l~fscr,r Car.HVrYT•oxni~r.?o,.bro-o7o-0 -~/3 •Yf~~45' r , 'rl d y .4j- Lf v/ v~ rJ O 0 0 i9N7NWVY LCw7.t~GYbWU' . e Z-VWa'Llrl'l Pete a . ~MOr. 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