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1000-77.-3-5, 6, 7 & 15
'IEODE 2 [ C !4. APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD /~. LIC LAKJ~ 5c',rc. tLEYO F'~.: - DEC I 0 1996 PLANNING BOARD M~MBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS K~NNETH L. EDWARDS GEORGE RITCHIE LATH.AM, JR. RICI-L~.RD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 18,1997 J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971 Re: Proposed lot line change for Eva Mullins and Mary M. McDavid SCTM# 1000-77-3-5, 6, 7 & 15 Dear Mr. MoLaughlin: The Planning Board Chairman endorsed the final surveys dated November 30, 1996 at the June 16, 1997 work session. Conditional final approval was granted on December 23, 1996. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr., Chairman ~f cc: Tax Assessors Building Dept. eric. PLANNING BOARD MEMBERSO RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. W~LLIAM J. CREMERS KENNETH L. EDWAP. DS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOW~ OF SOUTHOLD December 24, 1996 J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971 Re: Proposed lot line change for Eva Mutlins and Mary M. McDavid SCTM# 1000-77-3-5, 6, 7 & 15 Dear Mr. McLaughlin: The following took place at a meeting of the Southold Town Planning Board on Monday, December 23, 1996: The final public hearing, which was held at 7:40 p.m., was closed. The following resolution was adopted: WHEREAS, Eva Mullins and Mary M. McDavid are the owners of the property known and designated as SCTM# 1000-77-3-5, 6, 7 & 15, located on Pine Avenue and a private r-o-w in Southold; and WHEREAS, this proposed lot line change is to divide two lots which are 31,250 sq. ft. in area and 40,500 sq. ft. in area, east and west instead of north and south, resulting in 2 lots, 24,750 sq. ft. in area and 47,000 sq. ft. in area; and WHEREAS, a Waiver of Merger was granted by the Zoning Board of Appeals on September 19, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on November 25, 1996; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 23, 1996; and Page 2 Lot line change for Mullins/McDavid December 24, 1996 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has compiled with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated November 30, 1996, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. The condition must De met within six (6) months of the date of this resolution: 1. The filing of new deeds pertaining to the revised lot lines. A copy of the recorded deed must be presented to the Planning Board prior to endorsement of the final survey. Please contact this office if you have any questions regarding the above. Chairman cc: Zoning Board of Appeals THIS LOT L GE BETWEE IS LOCATED ON IN SCTM# 1000- AND LOT LINE CHANGE Coym~plete application received . Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of L. ot Line =with conditions Endorsement of Lot Line ms 1/1/90 APPLICATION FOR APPROVAL OF PLAT , %,, To the Planning Board oi the Town of Southo[d: The undersigned applicant hereb7 applies for (tentative) (final) approjai oi a sa§tflX[biO,at in accordance xvith ,~.rticle 16 of the Town Law and t'he Rules and Regulatiofic Planning Board, and represents and states as [ollows: I. The applicant is the owner of record oi the land under application. (If the applicant is not the owner oi record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . Lot~-Lir~e. Ch~p-~..fOg...EXa.....M~qJ,1..i.r[s...a..n~l. ~'l( .bi. McDavid 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 follows: Liber .... 2.6.1,9 ............... Page ...!J-.4. ............... On . .9./~.9./~ .............. ; Liber .... .2.9..6.~ ............... Page . ...5.4J_. ............... On . .6./..2.9/.4.~ ............. : Liber .... .3.0.4..7 ............... Page ... ¢.5.8. ............... On . .2.,(.1.7/.p0. ............. ; Liber ..... 5.1..8.3 ............... Page ... ~1.1.4. ............... On . . p ./ .1.9/. 6. .2 ............. Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ...Ri~..R....~.c~./a.v.i..d..'q.q...E'~...I~l.u]..1. J:13.s' .and Mar.¥ M. McDavil~l~ as distributeeS ....................................................................... 5. The area of the land is .7!,7.5.Q.~.c1:..f.t....~,~. 6. All taxes which are liens on the land at the date hereof haYe been paid. ~ ............ 7. The land is encumbered by ........ 12-9 ................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ................... held by ...................... .............. address ................................................................ (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................ (c) Mortg'age recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land.~ex'm'C~: ........................ 9. The land lies in the following zoning use districts . .P,.-4,. 1~l ................................ 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, 11. The applicant shall at his expense install all required public improvements. 12. The land ~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. \¥ater mains will be laid by ...... N/A ................................................. and (a) (no) charge will be marie for installing said mains. 14. Electric lines and standards will be installed by . .N./..A .................................... ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ...... .N/?. ................................................. and (a) (no) charge ~vill be made for installing said mains. 16. If streets shoxvn on the plat are claimed by the applicant to be existing' public streets in the Suffolk County Highway system, annex Schednle "B" hereto, to show same. 17. If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. There are no existing buildings or structures on tl~e 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 reqoired by Sec. 33,5 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $. IXI/.A ..... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ...~9.c.e.o..~.r....2~..., .............. m.9~. .~.~3.~9~..~9P.~L~.'..~E~q ......... (Name of Applicant) ........ (Signature and Title) ~ Mullins, ~er ~a~. ~y~ .~.,..qg~h~%0,. ~. ~ ~2 ~ .... (Address) STATE OF NE%V YORK. COUNTY OF.,..S/c~..F.Q .L.~. ....................... ss: On the ..... ._~LPT.... .... day of .......... Oct.ober ............ 19915. .... before me personally came ·..Efi[.a..I~.u..1.1.i.n.8. ............................ to me known to be the individual described in and who executed the [oregoing instrument, and acknowledged i~,$~AUG.~L4 N: ..... My C0mmissi~n Exp,it,~ STATE OF NEW YORK. COUNTY OF ............................ ss: On the ................ day ............ of .............. , I9 ...... , before me personally came ....................... to me known, who being by me duly sworn did pnse and say that ............ resides at No ..................................................... ............................... that .......................... is the .......... the o~rporation described in and which executed the foregoing' instrnment; that ............ knows the seal of said corporation; that the seal affixed by order o~ the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: EVA MULLINS, bein§ duly sworn, deposes and sa2s: That I am one of the owners of premises bearin9 Suffolk Count2 Tax Map Nos. 1000-77-3-5,6,7 & 15 for which a Waiver of Merger has been issued b2 the Board of Appeals recognizing two (2) lots, as follows: (1) SCTM No. 1000-77-3-5,6 & 7 consisting of 31,250 sq. ft.; and (2) SCTM No. 1000-77-3-15 consisting of 40,500 sq. ft. That the owners thereof are hereb2 applying for a lot-line change, whereb2 the two lots would be divided east and west, instead of north and south resultin9 in a "new" house lot measuring 90' x 275' for a total of 24,750 sq. ft. and a "new" vacant lot measuring 160' x 275' + 20' x 150' for a total of 47,000 sq. ft. That in the event that this lot-line change is approved, the applicants recognize that on12 two (2) lots will result, as set forth above and that, in all other respects, the propert2 will be merged. ~-z~ 7~ EVA MULLINS Swot , 1996 · commission ~.×~,~s ~~ October 30, 1996 SOUTHOLD TOWN PLANNING BOARD Southold Town Hall 53095 Main Road, PO Box 1179 Southold, New York 11971 Re: Lot-Line Change for Eva Mullins & Mar2 M. McDavid SCTM Nos. 1000-77-3-5,6,7 & 15 Gentlemen: Please be advised that I am one of the owners of the above- referenced premises, alon9 with m2 mother. Enclosed herewith is a copy of the Board of Appeals decision dated September 19, 1996, wherein a Waiver of Mer§er was §ranted for the 31,250 sq. ft. parcel (SCTM Nos. 1000-77-3-5,6 & 7) from the 40,500 s~. ft. parcel (SCTM No. 1000-77-3-15). The owners desire to have a lot-line change whereby the lots would be divided east and west, instead of north and south. The reason for this is that the gara§e, built as an accessory structure to the residence, was inadvertently built partially on Lot 15. The applicant, however, does not wish to divide the lots equally. Instead, we wish to have two (2) lots with frontage on Pine Avenue, as follows: (1) the house lot would measure 90' x 275', which e~uals 24,750 sq. ft.; and (2) the vacant lot would measure 160' x 275' + 20' x 150', which equals 47,000 sq. ft. The reason for this unequal division of the lots is two-fold. First, the existing lots are not equal in size. Second, we have buried several pets just to the south of the proposed division line. We need to sell what would be the "new" house lot, so that there would be sufficient funds to pa2 for m~ mother's on-goin9 health care costs. We wish to retain the area of the pet burial groung with the "new" vacant land. As both parcels will have direct access to Pine Avenue, we have no intention of using the right of way along the rear of the "new" parcels. Additionally, please be advised that the garage has never been used as an apartment of any kind. The second floor has always been used solely as a storage area. The only electric to this second floor is for lighting. There are no electric outlets, no water, no heat, no toilet facilities, nor an~ cooking facilities in the garage. Very truly yours, Eva Mullins QUESTIONNAIRE TO BE COMPLETED AND SUB,fITTED WITH YOUR APPLICATIONS FO~IS TO THE PLANNING BOARD Please complete, sign and return to the OffLce of the-.Planning Board with your completed applications forms. If your answer to any of the following, questions is yes, please indicate these oR your guaranteed survey or su~mit other appropriate evidence~ - 1. Are'there any wetland grasses on this parcel? Yes (Attached is a list-o.f the wetland grasses defined by the ~wn Code, Chapte'r 97, for your reference) 2. Are there any other premises under your ot.zne~sh~D abutting this ~ pa-c=_. Yes 3 Are there any ' · sul_dlng permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before any other department or agency?(Town ,. State, County, etc. Yes 5. Is there any application pending before any other agency with regard to a different project on this parcel? 6. Was this property the subject of any prior application to the Planning Board? 7. Does this of occupancy, Yes Yes propert,! have a valid ce~-~ ~ . if yes pl%a~e submit a copy of same I certify that the above statements are true and :ei!l be relied on by_the Planning Board in COnsidcring this application. Signature' of ~roper~:,, Owner or authorized agen~ dace Eva Mullins .. Attachment to questionnaire for~:the P!anninq Bcard STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ~ day of ~October , 199--6, before me personally came Eva Mullins to me known to be the individual described in and who executed t. he fore{~n9 in'strume~ and acknowledged that she ~ ~'~e~~ PROJECT LO. NUMBER { 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project s0onsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME Lot-Line Change for Eva Mulli: Eva Mullins & Mar~ M. McDavid and Mary M. McDavid 3. PnOJECT LOCATION: 700 Pine Avenue Mumci=a~ Southold county Suffolk 700 Pine Avenue, Southold, NY SCTM Nos. 1000-77-3-5,6,7 & 15 across from intersection of Birch Avenue with Pine Avenue in Goose Bay Estates subdivision [] New [] E~oans,on ~ Moditicationtaiteration 6. OESCRlaEPROJECTSRIEFLY: Property presentl~consists of two lots; consisting of 31,250 sq.ft. (SCTM NOS. 1000-77-3-5,6, &7~ and the Pack lot containin9 40,500 sw. ft. (SCTM NO. 1000- 77-3-15). Applicant desires to have lot-line change dividin9 lots east and west, instead of north and south, resultin§ in two lots with frontage on Pine Avenue. The house lot wou contain 24,750 s~. ft. and the %racant lot would contain 47,000 st. ft. Initlatl¥ 7],750 ~. ff.. acres Ultimately 71 .7qb ~.q..F{-. acres 8. WILL PROPOSED ACTION COMPLY WITH EXiSTiNG zONING OR OTHER EXISTING LAND USE RESTRICTIONS7 [~Yes [~No If NO. descr,be ~3deHy The house lot will be undersized in this R-40 zone ~. wN^T ,s PRESEN~ L~NC US~ ,N V,C,N,T~ O~ PROJECT? 0escrioe: Generall~ single family dwellings with s(~e vacant residential land STATE OR LOCAL)? ! rl } ~ "' LN..OV OU, HOLD ! ~'~'~ ~Y8$ [] No If yes, list agemcy neme an~] petmiUapDroval Received Waiver of Mercjer from Southold Board of AFFeals dated Se~t. 19~ 1996 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 1 ~ART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 if yes, cooreinate tt~e rewew process aha use the FULL EAF. [-']Yes ~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a ne~3tive (3e~taratlon may be sugefsede~i y another invotved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; IAnswers may De handwritten, if legil31e] Ol. Existing air quality, surface or ~roundw~,ter quality or quantity, noise levels, existing traffic patterns, soliq waste DrocluctlffJn or disposal, potential for erosion, drainage or floocling problems? Explain b~iefly: THERE. OR IS THERE LIKELY TO BF~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes [~No If Yes, exptain Prietly PART Ill--DETERMINATION OF SIGNIF_!CANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversJbility; (e) geographic scope; and (f) magnitude, if necessary, add attachments or reference su~3porting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occu.c. Then proceed directly to the FULL FAF and/or prepare a positive declaration. ~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any. significant adverse environmental impacts AND provide on attachments as necessary, the'reasons supporting this determination: ~'~/ 2 Southold Town Planning Board Town Hall SQuthold, New York 11971 Gentlemen: Re:Lot-Line Chan§e for Eva Mullins and Mary M. McDavid The following statements are offerad for your consideration in the review of the aboveTmentioned minor subdivision and its referral '~o the Suffolk County Planning Commissicn: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are prcposec and no chances ~.Jii! ~e mace in the grades of the ,-~ .... ' (3) No new drainage structures or ]~=-~ structures are ~roposed. Yours truly, Eva Mull'i ns ATTORNEY AT LAW , P.o. Box 1210, ~,,8.rx:ts Way ~cr~ 0entzi~' SOUTHOLD, NEW YORK 11971 4402~ I:~o 4~ (516) 765-6085 June 12, 1997 SOUTHOLD TOWN PLANNING BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Lot-line change for Eva Mullins & Mar2 M. McDavid SCTM $1000-77-3-5,6,7 & 15 Gentlemen: I have enclosed two (2) certified copies of deeds retransferrin9 the subject premises pursuant to the lot-line change previousl2 approved, along with a cop~ of 2our resolution herein. Please provide me with endorsed change survey. Enos. Hand Delivered copies of the final lot-line TOW~ I - PLANNiNO BOARD a 11835 PI130 Number of pages S TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument RECEIVED TRANSF'-~ ~ AX SUFFOLK C.('., ~v,ITY 38397 Deed / Mortgage Tax Stamp FEES 2'7 REOOROEB 97 JUN 12 AH I0:02 ED',VARL:, j-., ,, CLERK OF SUFFOLK COUNTY Recording / Filing Stamps Page / Filing Fee q Handling ~ . __ TP-584 _/~. Notation . EA-5217 (County.) ,9~. EA-5217 (State) ~:~-~. __ R.P.T.S.A. / b- Comm. of Ed. Reg. Copy Other Sub Total Sub Total GRAND TOTAL Mortgage AmL 1. Basic Tax 2. Additional Tax Sub Total Spec./AssiL or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Apportionment __ Transfer Tax ...~'"'~ . __ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES __ or NO If NO, see appropriate tax clause c~n page __ of this instrument. Real Property Tax Service Agency Verification Dist. Section Block Lot 1000 077.00 03.00 (NEW NUMBER) t. . l l -q '7 Date .J. KEVIN MCLAUGHLIN Winds Way Professional Center 44020C Rt. 48, P.O. Box 1210 Southold, New York 11971 FEE PAID BY: Cash Title Company Information Company Name Title Number __ Check X Charge __ Payer same as R & R X (or if different) ADDRESS: RECORD & RETURN TO (ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached n~,~,a [Tt-,~- 1 'J'~a, .'.~=~r~a~ (SPECIFY TYPE OF INSTRUMEN~ MARY M McDAVID and EVA C. MULLINS The premises herein is situate( SUFFOLK COUNTY, NEW TO MARY M. MODAVID and EVA C. MULLINS In the Township of In the VILLAGE or HAMLET of Soul JtJN I 3 $97 SOUTHOLD TOWN PLANNING BOARD Snut-.h c~l d BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. No Consideratior TAX MAP DESIGNATION Dist I.otls) 0 fA-", oo ~- Stand~,rd N.Y.B.T.U. Fort* 2-~a lc, --Bargaiu and Sale Deed, with Covenant~nst Grantor'z Acts--IndividuM or Corporation. CONSULT YOUR LAWYER BEFOR~ SIGNING THIS INSTRUMENT--THIS IHSTRU/~AENT SHOULD BE USED BY LAWYERS ONLY, THIS INDENTURE, made the BETWEEN IOaayof June ,~neteenhundr~ and ninety-seven MARY M. McDAVID and EVA C. MULLINS, both residing at (No ~) East Bayview Road, Southold, New York, Individually and as the sole beneficiaries under the Last Will and Testament of RIX R. McDAVID, which was admitted to probate on 1/14/85 in the Bronx County Surrogate's Court party of the first part, and MARY M. McDAVID and EVA C. MULLINS, both residing at (No ~) East Bayview Road, Southold, New York, each as to an undivided one-half interest therein as joint tenants with right of survivorship party of the second part, wrrN~, that the party of the first part, in consideration of TEN ( $10 · 00) Dollars dollars, lawful moneyoftheUnitedStates, and other 9ood and 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, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more fully bounded and described as follows: BEGINNING at a point alon§ the easterly line of Pine Avenue located 581.48 feet from the corner formed by the intersection of the southerly line of Hickory Avenue and the easterly line of Pine Avenue; RUNNING THENCE from said point or place of beginning alon~ the easterl] side of said Pine Avenue North 17 degrees 34 minutes 30 seconds East 160.0 feet to other lands of the parties of the first part; THENCE along said other lands of the parties of the 72 degrees 25 minutes 30 seconds East 275.0 feet to Right of Way; first ~art South a certain 30 foot THENCE along said 30 foot Ri§hr of Way South 17 degrees 34 minutes 30 secinds West 180.0 feet to a pipe; ffHENCE North 72 degrees 25 minutes 30 seconds 150.0 feet to a pipe; THENCE North 17 de~rees 34 minutes 30 seconds East 20.0 feet; THENCE North 72 de~rees 25 minutes 30 seconds West 125.0 feet to the easterly line of said Pine Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to RIX R. McDAVID by deed dated 6/16/62 from WILLIAM H. McDAVID and recorded in the Suffolk County Clerk's Office on 6/19/62 in Liter 5183 ~p 415, and the the same premises conveyed to RIX R. McDAVID by deed dated 5/27/47 from SALVATOR SIRACUSANO and recorded in the Suffolk County Clerk's Office on 6/29/49 in tiber 2964 cp 541 and a portion of the same premises conveyed to RIX R. McDAVID by deed dated 11/2/49 from HERBERT ROSENBERG and recorde in the Suffolk County Clerk's Office on 2/17/50 in tiber 3047 cp 258. 'roG~-'THF..R 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, TOG_F'T}IER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, 'to I-L~.VE ~ID TO HOID 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. a~I~ID the party of the first part covenants that the party of the first Fart has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. old,ID 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- ~ *~, he applied first for the purpose of paying the cost of the improvement and will apply STATE OF NEW YORK ' - .....nt before using any part of the total of the same for COL/~ OF SUFFOLK SS: I, I~D~'ARD p. ROMAINE, CLERK OF THE OF 'lie STATE OF NEW ¥OR COUNTY OF SUFFOLKAND CLERK OF THE SUPREME COURT DO E~EB¥ CERTIFY ',', ,-- K IN AND FOR S"'"' -- ANEHAT IT IS ~ji~.q~ ^'?~._~/'tUE __/~:~ 23 'H_ E ANNEXED c3r~v ,..,~BEING A COURT OF J,~o.,ql~D TRU: ~,, ~;";~"~-- RECO ~n /Cry, v~ RECORD) E ~vrr gF o, ,.-... RD_... ~ 1/.~ 1~ '.-. IN(~IMONy WHEREOF,,I HAVE HEREUNTO~"}uut'I. sETORIGINAL ~THEAFFiXED THEWHOLEsEALTHEREOF" C . AND COURT THIS /~ DAy OF ('},~ MY HAND AND ~ 199 ~ OF SAID personally (mine MARY M. McDAVID and EVA C. MULLINS to me known to be the individual executed the foregoing ' the~ executed the before me in and who that ]C 3. LIN Notary Public, Sta lew York Qualified in Albany County Expires ..m My Commission ~? ? 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 depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of d~rectors of said corpora- tion, and that he siffned h name thereto by like order. STATE OF NEW yORK. ¢O~'Y OF ss: On the day of 19 , before me personally t'~me to me known to be the individual :described in and who. executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the 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, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~'IIH COVENANT AGAINST GRAN]OR'S AC'IS TITLE NO. MARY M. McDAVID and EVA C. MULLINS TO MARY M. McDAVID and EVA C. MULLINS f' i TITt. G GUARANTGI ' NGW YORK ATICOR TITL~ INSURANC~ COMPANY SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of The T=tle Guarantee Company RETURN BY MAIL TO: J. KEVIN MCLAUGHLIN winds Way Professional Center 44020C Rt. 48, P.O. Box 1210 Southold, New York 11971 Zip No. ECO DI 11835 P1129 , o g REZAL EST/WE 97 JUN Number of pages TORRENS JUN 1, 2 1~ E0iYk/~L) i. ,.,",,dN~- LE~,'~ OF TRANSFER Tt~ SUFFOL~ COUNT~ Sc~ ~ ~UFFOL~ Ce~fi~te ~ ~or Cfi. g ~d / Me,gage Ins~ent ~ / Me,gage T~ S~p R~or~ng / Filing S~ps ~ I F~s Page / Filing F~ ~ .~ Mortgage ~[ ~dl~g ~. 1. B~ic T~ ~-5~ ~. ~ 2. Addifion~ T~ No~fion . Sub To~l (cou.ty>. : EA-5217 (State) S~./Add. D~ Town Dual County Comm. of Ed. 5. ~ ~ Held for Ap~ffionment Affi~vit ~ . * Transfer T~ ~effifi~ Co ~e pro~ny covered by ~is mo~age is or will be improved by a one or two family ,l~ Reg. C~y ~ dwelling only. Sub To~-- · ~S or NO O~er -- ~ ~ If NO, ~ appropda~ GRAND TOTAL[~ ~ of ~is ~s~ent. ~ Rml Property Tax Service Agency Verification Title Company Information ~,~ Dist. ~ction Block I ~t ~. ~ 1000 077.00 03.00 ~ / ~. o D / Comply Nme 6'll'q7 (NEW NUMBER) Date ~& I ~fle Numar Init~ls I ~ ~ I a :l ~EE PAID BY: ~. KEVI~ ~C~AOGHL~ ~ Cash Oeck X Cha~e Winds Wa~ Professional Center l/ -- -- 1 Payer s~e as R & R X 44020C Rt. 48, P.0. Box 210l/ ........-- l-- ~0~1:I Q1He~nt) Southold, New York 11971 lin~. ], ---~-'r~ uu (~R[ss) / I I · ~ OwN . Suffolk County Recording & m~dorse~nent~a~ ~spagefomsp~of~eatmched Deed {Log l~ne chanqe) _ madeby: (SPEC~Y T~E OF INS~U~) NARY N. NcDAVID and EVA C. NULLINS ~epremiseshe~inissituated~ SU~OLK COU~Y, ~W YO~. TO ~ ~e Tow~p of Sou~hold NARY N. NcDAVID and EVA C. ~ ~e V~LAGE or H~ET of ~nu f. hn I d BO~S5 T~U 9 ~ST BE TYPED OR PROD ~ BLACK ~K O~Y PRIOR TO ~CORDING OR F~G. No Consideratio~ TAX MAP DESIGNATION Dist. 1(](]0 ~lk. 0~.00 I.ot(s): ~ Staudard N.Y.B.T.U. ]~'orm~* 2-s~ 10M --Bargain and Sale Deed, with Covenantlst Grantor's Acts--Individual or Corporation. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THY INDENTURE, ma~ me /~ ;~ day of June , mneteen hu~red ~d ninety-seven BET%VEEN MARY M. McDAVID and EVA C. MULLINS, both residin§ at (No ~) East Ba~view Road, Southold, New York, Individuall~ and as the sole beneficiaries under the Last Will and Testament of RIX R. McDAVID, which was admitted to probate on 1/14/85 in the Bronx County Surrogate's Court party of the first part, and MARY M. McDAVID and EVA C. MULLINS, both residin~ at (No ~) East Ba~view Road, Southold, New York, each as to an undivided one-half interest therein as joint tenants with right of survivorship party of the second part, %¥1'1'1~[1%-"1%I, that the party of the first part, in consideration of TEN ($10.00) Dollars dollars, lawful money of the United States, and other §ood and 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, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more fully bounded and described as follows: BEGINNING at a point alon~ the easterly line of Pine Avenue locacted 741.48 feet from the intersection formed by the southerl~ line of Hickory Avenue and the easterly side of Pine Avenue; RUNNING THENCE from said ~oint or place of side of said Pine Avenue North 17 de~rees 90.0 feet to a monument; be~innin9 alon9 the easter] 34 minutes 30 seconds East THENCE South 72 de§rees 25 minutes 30 seconds East 275.o feet to a certain 30 foot Ri§hr of Way; THENCE alon~ said 30 foot 30 minutes West 90.0 feet part; Ri0ht of Way South 17 de§rees 34 degrees to other lands of the parties of the first THENCE alon§ said other lands of the parties of the first ~art North 72 de§rees 25 minutes 30 seconds West 275.0 feet to the easterly, line of said Pine Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE the same ~remises conveyed to RIX R. McDAVID by deed dated 9/7/46 from HENRIK ANDREASEN and MARTHA ANDREASEN, his wife, and recorded in the Suffolk County Clerk's Office on 9/9/46 in Liber 2619 cp 114 and a portion of the same premises conveyed to RIX R. McDAVID by deed dated 11/2/49 from HERBERT ROSENBERG and recorded in the Suffolk County Clerk's Office on 2/17~50 in Liber 3047 cp 258. TOGETI-IER 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, 'lO I-I~'E AND TO I'tOI. J) 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. ~41) the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 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. STATE OF NEW YORK ' "~'~ ,mnstrued as if it read "parties" whenever the sense of this indenture so requires. COU~T~ OF SUFFOLK SS.' '"' .... ecuted this deed the day and year first above !, ~D~W~RD p. ROMAIN OF STAT E, CLERK DO mE E OF' NEW YO OF: THE COUN AND ~IAT IT~ AT PAGE . ~H~a TH= '~ '~ UUST AND TR, ,'.-~ ~" ,.,~ ~¥NEXED COP.',; ~ ~I::ING A COU.,-,.~..~~11:: COURT ..... rlul:: COp¥~ ~I::CORD,-~ _ .,-r UF.. ,,, .... SUCH ~uURT THIS ' ,~ve: HEREU TO "~-- ~ l~'~U OF: THE wur., _ _ ,//e~. DAY OF: ~TO SE~ MY HAND AND -,, "-'Ll: FHEREOE A IXEo THE SEAL O 'SAiD llSUO o, sm K STATE OF NEY( YORK. COUNTY u~ personally came MARY M, McDAVID and EVA C. MULLINS to me known to be executed the the2 and who that J. K[ ~LIN Notary qew York Qualihed in Albany County My Commissien Expires~~. STATE OF NEW YORK. COUNYY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. ;TAT~ OF NEW YORJC, ~NTT OF On the day of ~ersonally came 19 · before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY O1" ss: On the day of 19 , before me personally came the 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, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~atgain anb ~ale ~eeb ~V'I[H COVENAN2 AG^tN5] GRANiOR'S ACtS T~Tt E No. MARY M. McDAVID and EVA C. MULLINS TO MARY M. McDAVID and EVA C. MULLINS STANDARD FO~.M OF NEW YORK BOARD OF TITLE UNDERWRITERS DiStributed by TITLE GUARANTEE' NEW YORK ATICOR TITLE INSURANCE COMPANY SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: J. KEVIN MCLAUGHLIN Winds Way Professional Center 44020C Rt. 48, P.O. Box 1210 Southold, New York 11971 Zip No. Southold Town Planning Board 8 December 23, 1996 Board I know has been there, and you do have the topograp problem as well as none of the neighbors which would need it, have approved it. Pat Typical woman, has to get the last word. Just wi~ where ~tility poles end, we don't know that when your property ', or she chooses to build a house decide to pole right in front of the end of the road feel is appro to continue the lines safely. clear from the R's whether they actually granted a LILCO or not, the ~R's clearly say that it's subject the road beds. ~e fact that this road is heir Planning Board, I'm : sure that with a title cot as far as the title com formally a road mapped tO this LILCO won't they may end, it's easement to being placed on uished through the it will be extinguished is concerned, beca~ it will continue to show as this subdivision. So, utility companies, may conti We just want to be sure that the ~ it. recognize this easement. is granted that we protect Dick Lark: And the title company hl Planning Board and will County Clerk, but there was no Planning Board has to grant ~roval ~roved the transfer subject to the abandonment with the Suffolk that since as you know the Mr. Ward: Anyone order to close the heari~ address the Is there a motion on this issue? If not, all is in close? Mr. Edwards: I'll m; motion to close the hearir Mr. Cremers: Mr. Ward: ad. All in favor? Ayes: Mr. Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Opposed? Motion carried. What we decided to do op, until the January 13th meeting, for us to explore the I ;les that raising, and we'll take a look into it. We thank you both for < ming. Mr. Ward: Eva Mullins - This lot line change is to divide two lots which are Southold Town Planning Board 9 December 25, 1996 31,250 square feet in area and 40,500 square feet in area, easL ar'~d west, instead of north and south, resulting in 2 lots, 24,750 square feet in area and 47,000 square feet in area. The parcels are located on Pine Ave. ai~d a private r-o-w in Southold. SCTM# 1000-77-3-5,6,7 & 15. Is the applicant, or agent for the applicant here that would like to address the Board? Kevin McLaughlin: Windsway Professional Center, Southold. This is a little bit unusual in that all of this property is owned by the same two people. We went to the Zoning Board and got a waiver of the merger of the two lots and now we're asking for a lot line change basically to divide these two parcels east and west instead of north and south. Basically the reason for this is that at sometime in the past a garage was built a survey was made and it was always intended that this garage was going to be on the same lot that the house was located. Unfortunately, the survey was wrong and the house was built on the back po,trion, which was the other lot. So what we're asking basically is-to divide the lots so that the house and the garage are on one lot with the intention of perhaps selling this lot off, because one of the applicants is very elderly and needs to be able to get some income in order to pay for her health care. If you have any questions, I'd be happy to answer them. Mr. Ward: Anyone else like to address the Board on this particular application? If not, all is in order to close the hearing. Mr. Edwards: I move to close the hearing. Mr. Latham: Second. Mr. Ward: Moved and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carded. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I move that WHEREAS, Eva Mullins and Mary M. McDavid are the owners of the property known and designated as SCTM# 1000-77-3-5, 6, 7 & 15, located on Pine Avenue and a private r-o-w in Southold; and WHEREAS, this proposed lot line change is to divide two lots which are 31,250 sq. ft. in area and 40,500 sq. ft. in area, east and west instead of north and south, resulting in 2 lots, 24,750 sq. ft. in area and 47,000 sq. ft. Sour:hold Town Planning Board 10 December 23, 1996 in area; and WHEREAS, a Waiver of Merger was granted by the Zoning [?oard of Appeals on September 19, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to tt~e State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on November 25, 1996; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on DecemDer 23, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated November 30, 1996, and authorize the Chairman to endorse the final Surveys subject to fulfillment of t. he following condition. The condition must be met within six (6) months of the date of this resolution: 1. The filing of new deeds pertaining to the revised lot lines. Mr. Cremers: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. ~rev Dominion Vineyard & Winery - This site~3 square foot stroh to an existing~ in Peconic. ' SCTM# 1000-75~he applicant here that would like to address t~:~rd~ here that would like to address th~J~ on this application?-'Aff-i~L~order then to close the heari AFFIDAVIT OF POSTING This is to serve notice that I personally posted the prope~y known as 700 Pine Avenue, Southold, NY SCTM No. 1000-77-3-5,6,7~15 by plactng the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on December 23, 1996. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on December 2, 1996. KEw. LAUO W / r¢// \ Win rofessiona r.¢ 44020C Middle Rd., Southold, NY 11971 'k,.~ess - ~ece~e~ ~ ~996 PIERSE RETURN THIS AFFIDAVIT AND CERTIFIED MAIL RECEIPTS ON THE DAY' OF. OR AT THE PUBLIC HEARING Re: SCTM#: Date of Hearing: UL] UEC z 3 Southold Town Plannina Board NoUce to Adjacent Pmoertv Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change. 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM# 1000-77-3-5, 6, 7 & 15 located on Pine Ave. and a pdvate right-of-way, in Southold. $. That the property which is the subject of this application is located in the R-40 zoning district. 4. That the application is'to divide two lots which are 51,250 square feet in area and 40,500 square feet in area, east and west instead of north'and South~ resulting in 2 lots, 24,750 square feet in area and 47,000 square feet in area. 5. That the files pertaining to this application are open for your information during noFmal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938, 6. That a public hearing will be held on the matter by the Planning Board oh Monday, December 23, Ig96 at 7:40 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southoid; that a notice of such hearing will be published at least five days prior to the date of such headng in the Long Island Traveler-Watchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): EVA MULLINS & MARY M McDAVID Date: December 2, 1996 Sent by certified mail, return receipt requested, to: Marilyn schmitt; Donna F. St. Pierre; Terr2 C. & Sufan Nag2; Alice J. Hussie; Sophie A. Greenfield & Dolores S. Kaminski; Robert & Jo~ce Westerbeke; Dndrew B. Jordan; Richard .Willott; Helen Lutkowski; John J. Flynn; and Suffolk Count2 Department of Law, Division of Real Estate, 158 North County Complex, Veterans Memorial Highway, Hauppauge, NY, on December 2, 1996. Standard N.Y.B.T.U. Form $00~l~z~ 10M --Bargain and Sale Deed, ,vith Covenant &gaimrantor's Acts--Individual or Corporation. CONSULT YOUR LAWYERILFFORE SIGNING THIS INSTRUMENT--THIS INSTI~ENT SHOULD BE USED BY LAWYERS ONLY. THY ~DENTURE, m a~ Se d~ of ,&neteenhu~r~ md ~ET%%~.F.N MARY M. McDAVID and EVA C. MULLINS, both residing at (No ~) East Ba~view Road, Southold, New York, Individually and as the sole beneficiaries under the Last Will and Testament of RIX R. McDAVID, which was admitted to probate on 1/14/85 in the Bronx County Surrogate's Court the first part, and MARY M. McDAVID and EVA C. MULLINS, both residing at (No ~) East Bayview Road, Southold, New York, each as to an undivided one-half interest therein as joint tenants with right of survivorship TAX MAP DESIGNATION l)i~t. 1(]00 s¢~. 077.00 I.otb): 0~,000 party o[ the second part, wIrN~, that the party of the first part, in consideration of TEN ($10.00) Dollars dollars, lawful money of the United States, and other Good and 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 and assigns of the pa~y of the second part ~rever, ALL that ~rtain plot, pi<e or parcel of land, with the buildings and improvements thereon erected, situate, lying and ~ing in the Town of Southold, County of Suffolk and State of New York, more fully bounded and described as follows: BEGINNING at a point alon~ the easterly line of Pine Avenue locacted 741.48 feet from the intersection formed by the southerlf line of Hickory Avenue and the easterly side of Pine Avenue; RUNNING THENCE from said ~oint or place of beginning along the easterlf side of said Pine Avenue North 17 degrees 34 minutes 30 seconds East 90.0 feet to a monument; THENCE South 72 degrees 25 minutes 30 seconds East 275.o feet to a certain 30 foot Right of Way; THENCE along said 30 foot Right of Way South 17 degrees 34 degrees 30 minutes West 90.0 feet to other lands of the parties of the first part; THENCE along said other lands of the parties of the first part North 72 degrees 25 minutes 30 seconds West 275.0 feet to the easterl~ line of said Pine Avenue and the point or place of 'BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to RIX R. McDA¥ID by deed dated 9/7/46 from HENRIK ANDREASEN and MARTHA ANDREASEN, his wife, and recorded in the Suffolk County Cleric's Office on 9/9/46 in Liber 2619 cp 114 and a portion of the same premises conveyed to RIX R. McDAVID by deed dated 11/2/49 from HERBERT ROSENBERG and recorded in the Suffolk Count]/ Clerk's Office on 2/17/50 in Liber 3047 cp 258. i': ,' C73 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. Al'iD the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 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 tile improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~tll'Pl~.~$ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. MARY M. McDAVID EVA C. MULLINS STATE OF NEW YOKR, COUNTY OF $ L~ u: personally ~me MARY M, McDAVID and EVA C. MULLINS to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that the~ executed the NOTARY PUBLIC 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 depose and say that he resides at No. that he is the of , the corporation described,! in and which executed the foregoing instrument; that he' knows the seal of said corporation; that the seal affixed: to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORIII~UNTY Of ss: On the day of 19 , before me personally c~me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the ~,ame. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the 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, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. %/x/'lltl COVENANI' AC;AINS3 GRANIOB'S ACIS TITI E NO. MARY M. McDAVID and EVA C. MULLINS TO MARY M. McDAVID and EVA C. MULLINS TITLE GUARANTEE- NEW YORK ATICOR TITLE INSURANCE COMPANY SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Reques[ of The Tille Guarantee Company RETURN BY MAIL TO: J. KEVIN MCLAUGHLIN Winds Way Professional Center 44020C Rt. 48, P.O. Box 1210 Southold, New York 11971 Zip No. gtzndard N.Y,B.T.U. Form $00~ to. --nargMn and 8Ble Deed. with Ooven~nt zgMnl~ll~mtor's Acts--Indlvidual or Corporation. CONSULT YOUR LAWYER~I~PORE SIGNING THIS INSTRUMENT--THIS INST~ENT SHOULD BE USED BY LAWYERS ONLY. TAX MAP DESIGNATION Disi I oOh 507.000 o15.ooo TH~INDF~made de dy of ,~neteenhuMred md MARY M. McDAVID and EVA C. MULLINS, both residing at (No #) East Bayview Road, Southold, New York, Individually and as the sole beneficiaries under the Last Will and Testament of RIX R. McDAVID, which was admitted to probate on 1/14/85 in the Bronx County Surrogate's Court party of the first part, and MARY M. McDAVID and EVA C. MULLINS, both residin§ at (No %) East Bayview Road, Southold, New York, each as to an undivided one-half interest therein as joint tenants with right of survivorship party of the second part, WlTNF_,~I'I-I, that the party of the first part, in consideration of TEN ( $10 · O0 ) Dollars dollars, lawful moneyofthe United States, and other 9ood and 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, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, Count~ of Suffolk and State of New York, more fully bounded and described as follows: BEGINNING at a point along the easterly line of Pine Avenue located 581.48 feet from the corner formed by the intersection of the southerly line of Hickory Avenue and the easterly line of Pine Avenue; RUNNING THENCE from said point or place of be¢innin9 along the easterly side of said Pine Avenue North 17 degrees 34 minutes 30 seconds East 160.0 feet to other lands of the parties of the first part; THENCE along said other lands of the parties of the first part South 72 degrees 25 minutes 30 seconds East 275.0 feet to a certain 30 foot Ri§hr of Way; THENCE along said 30 foot Right of Way South 17 degrees 34 minutes 30 secinds West 180.0 feet to a pipe; ~THENCE North 72 degrees 25 minutes 30 seconds 150.0 feet to a pipe; THENCE North 17 degrees 34 minutes 30 seconds East 20.0 feet; THENCE North 72 de~rees 25 minutes 30 seconds West 125.0 feet to the easterly line of said Pine Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to RIX R. McDAVID by deed dated 6/16/62 from WILLIAM H. McDAVID and recorded in the Suffolk County Clerk's Office on 6/19/62 in Liber 5183 cp 415, and the the same premises conveyed to RIX R. McDAVID by deed dated 5/27/47 from SALYATOR SIRACUSANO and recorded in the Suffolk County Clerk's Office on 6/29/49 in Liber 2964 cp 541 and a portion of the same premises conveyed to RIX R. McDAVID by deed dated 11/2/49 from HERBERT ROSENBERG and recorde in the Suffolk County Clerk's Office on 2/17/50 in Liber 3047 cp 258. TO~ETIIER 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, TOC~THER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AHD 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. Arid the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 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 ~or any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~'i l'lht~.~ ~¥H~-.OI~, the party of the first part has duly executed this deed the day and year first above written. PRESENCE OF: MARY M. McDAVID EVA C. MULLINS STATE OF NEW YOLK. ©OUNTY OF ss: STATE OF NEW YO NTY O~ On the day of Decear~er, 19 96, before me On the day of personally came IdKRY M. McDAVID and personally ¢~me EVA C. MULLINS to me known to be the individual $ described in and who executed the foregoing instrument, and acknowledged that the~ executed the ~ame. NOTARY PUBLIC 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 depose and say that he resides at blo. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the 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, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Wllll COVENAN] AGAINSF GRANIOR'S ACIS TITI ~ NO. MARY M. McDAVID and EVA C. MULLINS TO MARY M. McDAVID and EVA C. MULLINS TITLE GUARANTEE- NEW YORK ATICOR TITLE INSURANCE COMPANY SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Requesl ol The Title Guaranloe Company RETURN BY MAIL TO: J. KEVIN MCLAUGHLIN Winds Way Professional Center 44020C Rt. 48, P.O. Box 1210 Southold, New York 11971 Zip No. TEL. (516) 76%6085 ATTORNEY AT LAW WINDSWAY PROFESSIONAL CENTER 44020C ROUTE 48 - P.O. BOX 1210 SOUTHOLD, NEW YORK 11971 FAX. (516) 765-1856 December 10, 1996 SOUTHOLD TOWN PLANNING BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Lot-Line Change for Eva Mullins & Mary M. McDavid SCTM Nos. 1000-77-3-5, 6, 7 & 15 Gentlemen: I have enclosed el§hr (8) copies of the revised map from Van Tull at a scale of 1" e~ual 100', ~ursuant to ~ou request. 23, This matter is scheduled 1996, at 7:40 p.m. Encs. Hand Delivered for a public hearin9 on December PLANNING BOARD OFFICE TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to See- ~ tion 276 of the Town Law, a ! public hearing will be held by ~ the Southold Town Planning Board, at the Town Hall, Main Road, Southold; New York in said Town on the 23rd day of December, 1996 on the_ques- · ..dQn of~:he following: 7:30 P.M. F;mal public hear- ing for the proposed lot line change for Stanley and Maria Wiepzynski and H. Damianos, in Southold, Town of Southold, County- of Suffolk, State of New York, Suffolk County Tax Map Number 1000-54-6-1 and 59-3-28.3. The property is bordered on the north by Sound View Ave., on the northeast by land now or formerly of Robert Corwin and wife, by land now or for- meriy of William B. and Mary H. Strickland, by land now or formerly of Waiter Keller and Kathleen Keegan-Keller, by land now or formerly of Sally Ann Guido, by Jennings Road, by land now or formerly of Romeo, and by land now or formerly of Ramunni; on the east by land now or formerly of Joseph Couway, on the southeast by land now or for- merly of Westerlnnd, by land now or formerly of John Conway, by land now or for- merly of Salmon, by land now or formerly,ofApikoglu and by land now or formerly of Markel; on the south by Middle Road; on the southwest by land now or formerly of Reckaeg, on the west by land now or for- merly of ri. Conway, by land now or formerly of Hayes, and by land now or formerly of Rubat; on the northwest by land now or formerly of Hahn, by land now or formerly of MeEnroy, by land now or for- merly of Johnsen and by land now or formerly of Hunter. 7:3~ P.M. F~ai public hear- lng for the proposed lot line change for Eva Halla and Birch Hills Property Owners Asso- ciation in Cutehogue, Town of Southald; County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-1-1. The property is bordered on the north by Birch Hills Park & Playground land; on the east by land now or formerly of Man:m; on the south by Glen Court; and on the west by land now or formerly of Domaleski. 7:40 P.M. Final public hear- lng for the change forW~ in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-77-3-5~ 6, 7and 15. The property is bordered on the north by land now or for- merly of Schmitt and by land now or formerly of Hussie; on the east by a 30 foot right of way; un the south by land now or formerly Nagy and by land now or formerly of St. Pierre; and on the west by Pine Ave. 7:45 P.M. Finai public hear- ing for the proposed site plan for Osprey Dominion Vineyard & Winery, in Peconic, Town of Southold; County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-75-1-20. : This proper ty is bon:ie~d on the west bY land now or for- n~erly of Cichanowicz; on the north BY land now or formerly of Long Island Rail Road; on the east by land now or for- merly of Waiton; on the south by State Road 25. Dated: December 2, 1996 BY ORDER OF THE SOLrI~OLD TOWN PLANNING BOARD Richard G. Ward, Chairman 1 X- 12/12/96(34) Palricia C. I c)l]ol, [)~,ing dt. lix sworn, says thai -,hr' is thc' I)ro(luttiOl~ Ct~(;rdinatcm of the TRAV- ELER WATCHMAN, a pul)lie ne~vspaper printed at Southold, in Suffolk County; and that the no- lice o~ which the annexed is a printed copy has been published in said Traveler Watchman tlllCe each week for / ........................................................................ weeks successively commencing on the ]~ ............ 5worn to before me this ....... ~.~ ......... day of ....................... ..................... Notary Public 8ARI3ARA A. SCHNEIDER NOTARY PUBLIC, State of New York No, 4806846 Corn miS,Stun Expires PLANNING BOARD MI~MBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CRElVlIgRS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 NOvember 26, 1996 PLANNING BOARD OFFICE TOWN OF SOUTHOLD J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971 Dear Mr. McLaughlin: Re: Proposed lot line change for Eva Mullins and Mary M. McDavid SCTIV~ 1000-77-3-5, 6, 7 & 15 Dear Mr. McLaughlin: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, November 25, 1996: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non- significance, and grants a Negative Declaration. BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, December 23, 1996 at 7:40 p.m. for a final public hearing on the maps dated November ~t, 1996. The map submitted is at a scale of 1" equals 30'. All maps must be prepared at a scale of 1" equals 100 '. Revised maps must be submitted at least two weeks prior to the final hearing date. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the certified return receipts on the day of, or at the public hearing. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, Richard G. Ward Chairman eric. PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWAi~DS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOVFN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 25, 1996 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for Eva Mullins and Mary M. McDavid SCTM#: 1000- 77-3-5,6, 7 & 15 Location: Pine Ave. and private r-o-w in Southold SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This lot line change is to divide two lots which are 31,250 square feet in area and 40,500 square feet in area, east and west, instead of north and south, resulting in 2 lots, 24,750 square feet in area and 47,000 square feet in area. Page 2 SEQR Negative Declaration - Mullins/McDavid November 25, 1996 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Melissa Spiro/Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Michael D. Zagata, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Water Authority Judith Terry, Town Clerk Southold Town Board of Appeals Applicant TEL. (516) 765-60§5 ATTOR2qEY AT LAW WINDSWAY PROFESSIONAL CENTER 44020C ROUTE 48 - P.O. BOX 1210 SOUTHOLD, NEW YORK 11971 October 31, FfiX. (516) 76%1856 1996 SOUTHOLD TOWN PLANNING BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Lot-Line Change for Eva Mullins & Mary M. McDavid SCTM Nos. 1000-77-3-5,6,7 & 15 Gentlemen: I have enclosed my clients' Lot-Line Change Application, along with my check in the sum of $250.00 for the filing fee; eight (8) copies of the survey; a written, signed and notarized letter by the owners approving the requested lot-line change and setting forth the reasons therefor; affidavit that upon approval the property will be merged; form letter regarding drainage, roads, and grading; Short Form Environmental Assessment form; Questionnaire; copy of the Board of Appeals decision dated September 19, 1996, waiving merger; and copies of relevant history of the subject premises. Please schedule this matter for the next available meeting. My clients are very anxious to finalize this matter, as they have a buyer ready to Durchase the house lot upon approval of this lot- line change application. Should you have any questions, or contact me requests for further documentation, kindly t your earliest convenience. Ver /~~ Encs. ~ ~i~3n ---~ Hand Delivered TEL. (516) 765-6085 ATTORNEY AT LAW WINDSWAY PROFESSIONAL CENTER 44020C ROUTE 48 - P.O. BOX 1210 SOUTHOLD, NEW YORK 11971 October 8, FAX. (516) 765-1856 1996 S0UTHOLD TOWN PLANNING BOARD Attn. Melissa 53095 Main Road P.O. Box 1179 Southold, NY 11971 Eva Mullins SCTM Nos. 1000-77-3-5,6,7&15 Dear Melissa: Following up on our conversation this date, please be advised that the Southold Town Board of Appeals has granted a waiver of merger, recognizing two (2) separate lots (see enclosed copy of the decision of the Board of Appeals). The lot fronting on Pine Avenue consists of SCTM Nos. 1000-77-3-5,6&7, measures 250' x 125', which equals 31,250 sq. ft. The second lot consists of SCTM No. 1000-77-3-15, measures 270' x 150, which equals 40,500 sq. ft. Mrs. Mullins wishes to have a lot line change whereby the lots would be divided east and west, instead of north and south. The reason for this is that the garage, built as an accessory structure to the residence, was inadvertently built partially on Lot 15. The applicant, however, does not wish to divide the lots equally. Instead she wishes to have two (2) lots with frontage on Pine Avenue, as follows: (1) the house lot would measure 90' x 275', which equals 24,750 sq. ft.; and (2) the vacant lot would measure 160' x 275 + 20' x 150', which equals 47,000 sq. ft. (see enclosed Van Tuyl survey with pencil line showing the proposed "new" lots). The reason for this unequal division of the lots is two-fold. First, the existing lots are not equal in size. Second, my client has buried several pets just to the south of the proposed division line. My client and her mother need to sell what would be the "new" house lot, so that there would be sufficient funds to pal for the mother's on-going health care costs. The applicant wants ver2 much to retain the area of the pet burial ground with the "new" vacant lot. Kindly schedule this matter for discussion at the Planning Board's next work session. Please advise me whether my presence at that work session, October 18, 1996, at for four anticipated which I understand is set for Friday, 7:00 a.m., would be beneficial. Thank you cooperation in this matter. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tot'tom Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 4413 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Sept. 19, 1996 APPLICANT: EVA MULLINS & ano. LOCATION OF PROPERTY: 380 Pine Avenue, Southold. 1000-77-3-5,6~7 (as one). DATE OF DISAPPROVAL FROM BUILDING INSPECTOR: August 13, 1996-Article II, Sections 100-25, 100-26 BASIS OF MERGER: This lot contains 31,250+- sq. ft. created under dates of 6/23/1949 (Goose Bay Estates Lots 30-33), of 5/27/47 notarized 6/13/49 (Goose Bay Lots 34-37), of 9/7/1946 (Goose Bay Lot 38 and one-half of lot 42). The adjoining lot (1000-77-3-15) is not shown on the Map of Goose Bay Estates as a lot, however, it was created by deed 11/2/1949 and is still conforming with today's minimum lot area of 40,000 sq. ft. The merger provision in the zoning code as written does not provide for an exception to the law when a noncon- forming lot is held in common ownership with an adjoining lot as of May 1983. REASONS FOR GRANT OF WAIVER (ref: ZBA hearing and file record): 1. Ori~-[nal outside perimeter of combined area was created before 1957 and consists of more than two-thirds of this R-40 zoning requirement. 2. The Town issued separate tax bills for since, and before, 1949, which is prior to the enactment of (11/2311971) of one-acre zoning. 3. Zoning adopted by Town between the period from 4/23/57 to 11/12/71 permitted lot sizes o[ 12,500 sq. ft. or larger, and prior to 1957, any size wa~ permitted provided all other agency permits were obtained as deemed appropriate at that time. The lot merger rule was not applied ill the Town o[' Southold until about 1983 (when NYS Court Zoning Rulings and other pre- cedents of New York Law applied to the Southold Tow~n Zoning Code). 5. In 1976 - County established County Parcel numbers from separate deeds - which in turn is shown on the Suffolk County Tax Maps as established prior to 1981. 6. The subject parcel is more particularly described on the survey map prepared by Roderick VanTuyl, P.C. dated July 24, 1996. 7. This neighborhood consists of lots similar in size and character. 8. The natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, a~d there will not be filling of the natural land area affecting any environmental or flood areas. 9. The grant of this waiver will avoid economic hardship to the owner. 10.This property is shown on the Map of Goose Bay Estates. MOTION MADE BY: L. Tortora SECONDED BY: R. Villa ACTION/RESOLUTION ADOPTED: Waiver granted for this 31~250 sq. ft. lot with one the following two options to be Unali~.ed: OPTION #1: Accessory garage shall be relocated and shall not overlap the outside boundary of this entire 31,250 sq. ft. lot, or OPTION #2: Applicant/owner shah obtain a lot-line change approval from the Sauthold Town planning Board~ as discussed and agreed by thu applicant's attorney at the ZBA 9/19/96 hearing. VOTE O~' THE BOARD: Ayes: S. Doyen, J. Dinizio Jr., G. Goe~'~trringer, ~ R. Villa, L. Tortora. This resolution was duly adopted. ~ , /f COUNTy OF SU~F"OLK Liber 72 Page 7~ N? -~4799 · he eoHe New ork To all to whom these presents shall come or may concern, SEND GREETING: That we, having inspected County o/ Bronx, do/ind that on the in the year one thousand nine hundred and eighty-five Testamentary on the estate of ~ It. the Records of our Surrogate's Court in and for the day of J&nuary by said Court, Letters late of the County of Bronx, deceased, were granted unto EVA C. M~LLINS the Execut ~ named in the last Ir/ill and Testament of said deceased, and that it does not appear by said Records that said Letters have been revoked. In Testimony 1Vhereo~, we have caused the Seal of the Surrogate's Court of the County of Bronx to be hereunto a/fixed. IVitness, Hon. BERTRAM R. GELFAND, Surrogate of our said County, in The City of New York, the l~.~ch day of January in the year of our Lord one thousand nine hundred and eigh~y-five . NOV-- 1984 DIVISION OF RECORD.~' CERTIFICATE OF DEATH 8U~.0UUP, OF BRuNXI 1. NAME OF -- 1 DECEASED ~z 156-84-21 R. McDavid 'R~I Nn'~l ~) [~ ~EDI~/~..~.~RTIFICATE OF DEATH/To ~ f/lledin bv the ~EATH Bronx Jacobi Hospit~ , ,oun oF November 17, 1984 i 6:00 I ~ PM Male[ 79 years , Sutural hematoma~ eva~ated.53 days survival in coma wi~ PART1,I a~te bronchopne~onia and sepsis~ clinical. History of bein~ , assaultedr pushed with inju~ to head ~on 9/24/84. ""'"'" I ; BUREAU OF VITAL R~RDS DEPARTMENT OF HEALTH ' THE CITY OF NEW OR~ TMI II to certlly Ihlt the forgoing II I tm/~py 91 a tee~ In my allOdy, ~ Dep~tment of lle~th ~es not certt~ ~ the ~ of the *t~t~enta m~e thef~n, ~ ~o' t~[~ ~ ~ . ~ ~ NOT ACCHPT ~15 TRANSCRIPT UNL~ ~E ~AISEO SEAL O~ ~E OEPAR~T O~ HE~ I$ . ' I APFIXED ~EO~ KEPRQOUGTIGN OR ~T~RA~ON~ AR~PR~IBIT~D BY OWNER FOp,M& OWNEr~ OF $OUTHOLD RES.'SEAS. "'[ ~i-"-~'-:~ t iMP. TOTA'. LAND I PROPERTY RECORD CARD ~,/~'/ , ,,-. cOMM. CB. SUB. LOT TYPE OF BUILDING REMARKS MICS. Mkt. Value d-lo-,," z- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Woodland Meadowland House Plat Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK '" ~(~' ) VILLAGE OWNER STREET . ~r~, , OWNER . - N OF $OUTHOLD P~OPERTy W RECORD CARD DISTRICT ACREAGE _SEAS [ ' RES. , _ ..... VL _~// FARM LAND IMP. TOTAL DATE AGE BUILDING CONDITIO~ NEW NO~AL SUB. TYPE OF BUILDING REMARKS BELOW ABOVE FRON'[AGE ON WATER liable 1 Tillable 2 Tillable 3 Woodland Value Per Acre Value FRONTAGE ON ROAD ....................................... BULKHEAD DOCK Swampland Brushland House Plat Tolal _/~)~o..'/Y-. 3-~ TOWN OF SOUTHOLD I~OPERTY RECORD CARD/v/_,~- LAND IMP. TOTAL DATE REMARKS · :~:.,, .............. ?>_;:: .............. -~ltxh.~:.~I ~.,~,!1 -t~ ~,.~ ~ ........ .,':'__q.?_/_ /. . / ? ~ (:FZ_Z_~ .............................. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD liable 1 BULKHEAD Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot TolaJ DOCK TOWN OF SOUTHOLD P~OPERTY RECORD CARD OWNER .~, · VILLAGE E W DISTRICT SUB. TYPE OF BUILDING RES. LAND SEAS. IMP. TOTAL AGE NEW NORMAL Farm Acre JJ Tillable i Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot ToIoI FARM bATE BUILDING CONDITION BELOW Value Per Acre REMARKS ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKHEAD DOCK Foundation E~t. Wails Bath Floors Interior Finish Fire Place J _/_~.<: Heat ............... ~__ ~/=/_/_-7. !. Porch iRoof Type I ......... Porch IR~ 1st Flor Rooms 2nd Floor i Patio ~ _ ~Dormer ......... ~ ...... Driveway ........ CONSULT YOUR LAWYER lie SIGHIHG THIS INSTnUMEHT--TIIIS IHST EHT SHOULD BE USED BY LAWYERS ONLY. TURF~ made the / d ~/---~- day of ,t ~lt) e , nineteeu hundred aud s BETWKKN WILLIAM H. ~qe]IA';ID, rc~ id in~~ ,, t; ]/?4 Meadow S't,r~.et, Garden Oity~ ~lassau Clr,,ml;,7, ;'l~w York~ party o~ the first part, and RIX R. McI)AVIP~ 'l'e~i,'tim.' ,nb 2160 F, a3'; Tremont Avenue, Bronx 62, ~lot.~ Yet,l-, party of the second part~ W.~. NE,.~.T~ that the party o[ the first part, in con~ideratlm~ ol Teu Dollars and other valuable conslderatl.on pa~d by the party of t.he second part, does hereby grant m~d rclease nnto the party o[ the second part, the he,rs or successors and assigns of the party of the second part forever, A.LL that ce. train plot, piece or parcel o[ land, with the buildh~gs and improvements thereon-~reete4, sltuate~ lymgandbemgin'~he TOWI1 of ~outbo].~, ~,.Fl',,[k ckmrlt,y'~ New York~ known designated as and b~ the Plo~, tlon. ~O 1;o ~,'5 both inclusive, on a certain map entitled "Map of C, oose }3ay I,;sl;:~e,:", lin tbs Town oF Southold~ Suffolk County~ New York, saJ(] Iq']l~ hsln;- made b.¥ Lewis N. Waters~ of O3ster Bay~ L.I,, New York, ,]n!;~d ,qepkember 12~ ]954 and filed in the offloe of the Olerk of Tbs c.,mby ~{' ~uFfolk on the l~tb d8~ of ~ovember 1954 as and b.y bhe Map I1~). ]'lTr~, (^bstr.act ~'~o. l].97) TOGETHER with all tbs r~C]~l;, t'il;l~ ;tn4 interest oF the seller of~ J.n and to that portion of I:m,I lylm,- in Tron~ oF and ad~aeen~ ~o said plo~s ~o ~he mean high wahoo' I it,,~ oc ~;,~ose ~yoek~ s~]b~eo~ ~o ~be rifbC of o~her owners of plo~s o,~ saJ,] map [;o pass over and use ~he TOGETHER with and Subject b-ail t;hs rights and restriction in the former deeds of record. '1 t.~(;E'I'IIER with ~11 right, title and interest, if a,y. of Ibc palty o[ the first part in and to any streets aud roads afiuttlug the above described premises to the cenler lines thereof; TOGETHER wilh the appurtenances and all the estate aud rights of the party of the first part iu aud to s~id premises; TO ttAYE AND TO }lOLl) the premises herein granted unto the party of the secoml 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 patty of lhe first part Ires uot done or suffered anything wherefiy the said praises have been encumhere~ i, any way whatever, except as aforesaid. AND the party o[the first part, in compliance with Se~tiou 13 ~ff the Lieu Mw, corena,ts that the ~rty of .the first part will r~eive the consideration for this co,vevance and will hold the right to receive such consid- eration as a trust tund to be applied first for the purpose ~f paying the cost of the improvement and xvill apply the same first to the ~yment of tim cost of the improvement before nsing any part of the total el the s~e lot aoy other purpose. The xx~rd '~rty" shall be constrned as i[ it read "parties" whe,ever the sense of this indenture so requires. 1N W~N~ WH~OF~ the party of the first part has duly exec,ted tfils deed the day and year first ~bove writ}e,,. 1N PRESENCE OF: ? }, . . . ~lJl[.iam H. Mc.David' ' '~' ,~TB OF HEW YORK, COUNTY O ss: , On the day of Junc~ 1962 , before ' personally came WILLIAH ti. HcI)AV] to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that h e ~ecuted the same. $TATa OP NIW YOaK, COU~ OP Oo the da~ o{ 19 , be{ore me personall~ ~me . to me known, xvbo, being by me duly sworn, did depose and ~ay tbat he resid~ at No. that he is the of , the corporation described in and which executed tbe foregoing instrnment; that be knows the seal of said eor~ratiou; that [l,e seal affixed to said instrument is such corporate seal; that it was so affixed by order o{ tbe ~ard of directors o{ said corpora- tion~ and that be signed h name tbercl, by like order. STATE OF NEW YORK, COUNTY OF On the day oi personally came u,aS183 19 , before me to mA'known to be the individual described in and Who executed tbe foregoing instrument, and acknowledged that executed' the same., STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before me personally crone the subscribing witness to the foregoing instrument, witb whom I am personally acquainted, who, being by me duly sworn, did depose and say tbat be resides at No. tbat he knows ; to be the individual described in and who executed tile foregoing instrument; lbat he, said subscribing witness, was present and saw execute the same; and that he, said witness, at tile same time subscribed b name as witness tbereto. d Z E q~. a RECORDED dU~ 19 1962 @ HORIAATI E. KLIPP Cle[k ol Suffolk Coun~ THIS INDENTURE, made the one thousand nine hundred and Forty-soven , between day of /x~ay SALVATOR $IRACU3A~O, residir~ at 19-14 24th Road, Astoria 2, , part y of tbs first paR, and RIX R. MO. DAVID, residing at 2160 East Tremont Avenue, Bronx, 62, WITNEgSRTH, that the part y One Hundred {$100.~} .............................................. Jawful money of the United States, and other good and valuable consideration by the part ~LL ~outhold ~ part y of tbs second part: of the first part, in consideration of dollars, paid of the second pnrt, do Ss 1,ereby grant nod release unto the 'part y of the second part, his heirs, and assigns forever. That Lot or parcel of la~,d, lying and being in the Town of $outhold, Suffolk County, New York, known and designs%ed as and by the Plots l~os. 34 to ~7, both inclusive on a certain Eap entitled "Map of Ooose Bay Estates", in the Town of Southold, Suffolk Cowry, ~ew York, said map bei~ made by Lewis ~. Wagers, L.S.~ of Oyster Bay, L,I.; ~e~v York, dated September and filed in the office of ~he 01erk of the 0ounty of S~folk on the l~th day of November 1934 as and by the Map No. 1176 {Abstraet Eo. 1197). ToOE~: ~ITH ALL THE right, title and interest of the seller of, in and to that ~rtion of land lying in front of and adjacent to said plots to the mean water line of Oooae Creek, subject to ~he rights of others owners of plots on said map. to [,ass over a~d ~e the same. Together with and subject ~o ali rights and restrictions contained in ~ed from Anthony B. oliver to 3alvator Siracusano, dated April 26, 1949 and recc. rded in ~ed Liber ~944 ?ages 54, 55, and 56. togeth'e'r with the appurtenances and all the estate and rights of the part ~' of the first part in and to said premises. ?0 FIAVE AND 'FO HOLD the premises herein granted unto the part 3' of the second part, his heire, and assigns forever. AND the part ,Ir of the first part covenant as follows: FiRs'r--That the part ,y of the first part ha I not done or suffered anything whereby the said premises have been encumbered in any way whatever. SEcoNv---That, in compliance with Section 13 of the Lien Law, the part ,y of the first part will receive the consideration for this conveyance and will ~old the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the part of the first part 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 m~y other purpose. IN WITNESS WHEREOF, the part}, of the first part has hereunto set his hand aud seal the day and year first above written. TIlE PRRSENCE Olr: STATE OF NEW YORK COUNTY OF ~ ~': On the / _3 day of, before me came to me known to be the individual acknowledged that he execuied the stone. described in and,~Who execoted the foregoing instrumeot, and AND the part ~r of rite fi;~t part cow'nant as follows: F~Esr--That the part ,Ir -f the fi~s! p:.l ha ,~ not done or soffered ~nything whereby the said premises have been encumbered ;. any why v:h:4ever. S~con~That, in compliant,, with 5,,cd,.~ ~3 of the I.ien Law, the part ~ of the first part will receive the consideration for thi~ convey:.-- a.d will hold the right to receive such consideration as a trust fund to be applied first for the purpose .f ~,~yh,~ the cost of fl~e improvement and that the part of the first part will apply ~e s~e first to d.~ In,~meut of the cost o[ the improvement be[ore using any part of fl~e total of the s~e for any -they puq)-~e. IN WITNESS WHEREOI~, the p~,~ y of the first part hns hereunto set his hand and seal the day and year first ab.ye wriUeu. THE PRESENCE OF: . of Net? York, } v~r · ' Form6 / 1, PAUL LIVOTI Clerk of the Counts, of Queens a~ t C erk of fhe Sul,re~e ~urt and Coun y Court in and for said county, the same~ co~1 6} r~ot8 havln~ ¢ ;e~DO III{R~By/CERTI~, 'Il,at instrume~ ~e ~f ti~tng~,e se,,,, an AI'IOR~iW AND CO.SELl OR at law dnly commission~wo~ ~ qu4i~ to ex,,,ise the ...... ,~ -fa notary pub c in Queens County and t ~roughout th~tate of N~ ~otk; tbs, /,ursUallt [,, [n~, a co~ss{o~, or a certificate of his appointment lnd qualifications,:lnd h}s nut¢,~raph sJgv-,h.e, have b~n filed in my o~ce; that as such o~cer he was duly authorized by the law~ of the S~nle .f New York to administer oaths and ~ake and certify ~epositlons; and that I nm ~ll acquah¢~,l -'.~d) the handwriting of such Attorney signature de.sited in my o~ce. find believe d.,t the sh:,.,t, ,, ~g ~enuine. instrument, attd STATE OF NEW YOI,:IC } COUNTY OF ss.: Ou the day of before me came · ~;,,~ d~ousaml nine htmdred and to me known to be the individual descril.:d i,, and who executed the foregoing iostrmnent, and acknowledged that lie executed the same. STATE OF NEW YORK 1 COUNTY OF J ss.: On the day of , ,,ne thousand nine hundred and before me came , tbe sul,scribing witness to the foregoing instrument, with whom I am personally acquainted, who, t,~h,.~; be me duly sworn, did depose anti say that he resides at m ; that lie knows to be the individual described in and who executed the foregoing instrument; d,:. he. said subscribing witness, was present and saw execule the same; and that he, said wits,,:;:;, id the same time subscribed h name as witness thereto. h'I':{;ORDED THIS INDEN'I~q~.E, made the ~. ~ September ~ nineteen hundred nnd f(, ~ ~ ' <~X ~ ~d ~ARTH~ A1H)~'~ his wife, 8outhold, Suffolk ~unty,New Y':" - day of , between residing at and part ies residing <': r, rkohester,New York, of the first part, part y WITNIISSRTH, that the vart ~ ..... t ~l,e first part. in consideratio, of of the second part, .......... ONE ($1.00) ............... Dollar~ lawf.l .m.ey of the United States, by the part y part, of the second part, ALL those certain plots,pi~'''''. hereby' grant and release ..to the part Y of the his heirs and assigns forever, or parcels of land situate,lying and being in the Town of Soul:i.' 1,1. Suffolk County,New York,known and designated as and by the Plol:- I!,m. 58,3~,40,41 and the Southerly one- half of 42, on a certain Map ,,,,t.~:led "Map of (loose Bay Estates," in the Town of Southold, Suffolg '~,,,,l;y,New York, enid map being made by Lewis N.Waters,b.S~, of Oyst~- [~-v, L.I., New York,dated September 12, 19~4, and filed in the of fie .... ~ the 01erk of the County of Suffolk on the 13tl~ day of November,~"'4.as and by the Ha¢ }lo. ll7O, (Abstract No. 1197. ) TOGETHER with all th~ rtght:.l:~tIe and interest of the Seller of, in and to that portion of the ~'-'' ,'~' roads adjacent to said plots above mentioned~to the center line ~l,...,'eof, subject to the right of other owners of plots on the said ~,'~' ~:o pass over and reasonably use the TOGETHER with all the rSa},~:.~:ltle and in~;erest of the Seller of, .in and to that porgton of land tylna in front of sad adjacent to said plots to the mean high wat~,' l i,,,~ of Goose Creek,subject to the right of other owners of plo~;.q on ,,,,~,t Map to pass over and use the same. TOGE~tER with the ~.ighl 1 , ,,se for all reasonable purposes all '-lion of land lylng ~,, :, ,at of plots Nos..6~5 to §8,both inclusive, Plots No,:~. Ic8 ;510,both inclusive,said rl~J, 011 S,'~(1 ~.~a~),or owllers who Nnp,~ubJect to ~ueh the use thereof as tho ~el]- ~ both inclu~%ve,nn4 Plot9 Nos.277 to ,'carter aoqulr~ ,m11 plots on maid .',les and ~'e~u~lat~qn<~ w~th respect to ,'etn rosy from tlm~ t,) tlme put into off'eot,it beini{ under,~tood Goose Creek des] re to ,','eot nla,V dO SO prov~dl.ng sal,t do, on said l~sp passing ow~r o. COll~ltt of the Seller bore1, ~hown on said M~p~sald ,'ighl on s~td Map. Subject to ~ny eow~,m, nt- Being and .)ntende,l to t,, by O} [ver Bros,, Buildings a,' ~ of tim first part by ,tr, ed rtr, L. Office of the Cm~ty C],,rk ~,~ Deeds at page 48~ on Novemb, .' {~,',~ -bould ow~le~~ or ,'>%'m,'~PS of olots facing ' k on 8,%1.']. {;,n4,g'~''{d owner O~ OW~ler8 ' "mnbly using{ th~ 1~,.,1 h~ein refe~ed ~vIsiotl8 n~ ,, ,~,,nUI to,t w!t}l, ~nd the '~ restrlct:ton~ crltl}:ntlled ill former ssme prom] ~'e,~ hovotofore conveyed ~,~]l;ruction Cori.,rnt~on to the party I~ovember ;]1,. !~5 ~nd recorded In the County of Muffolk in Libor ~507 of to,qcHml uith the :,plulrtennnc~.s and :n Ille C'f ~r' ~ ~,1 I]~,}lts of the part .{.em 7'0 itAVF, AND '1'(1 ;IOLI, ~, ,,emises hereul g,ante,l second ilart, }1:}1.9 heirs the first part in and to unto the part y of the and assigns forever 'i'lle palty o[ thR fi[st part co'vcli;,iltS lJl;,i , ,,~ illl[)roVRillellts, [(~],aiis ol aJlRratJoll$ to tJlI~ prelllJSeS the Granlor will receive ibc consider:dion f,,, ,~,i Jveyallce as a Ilust hind lu be applied hist for tile pulpose of l,aying llle cosl .t impim'cmenl, :,,,,I ~!, ,' ;aid Grantor will alqdy the same llrst to i;e payment ANDsaid parties ,,f t), ,l~:~t pal't First. That said ps,'~ie~, he firs~t part Second. That thelmrt y of ti, 1'1 ird. That the said premises are ~, ' ),art shall quietly ~njoy tim ~mid premises as follows: good rigilt to Fourth. That tile partl~,~l of ~: assurance of the title to said premises; Fifth. That said Sixth. ']'hat IJlc ..';I;tnh,r. {!1 coin h gralltor Wi[I ap]~[), the :;am. first h, lin [tayto ,, IN WI'I'NI,;SS \VtlEI,tb~ 1;, tile hands alJd sc~d IB the Ilav :HiiI yc;i ' Ii :t abm, first pa~t will forever warrant thc title to the said bremises. hh SectiOn 13 of Ihe lie. law. cov~oallt~ that lhe (c and will hohl Jlit: ~i;lht Io leceive such considera- pnyillg (he (Osl i,I iJlC iml,r,~venlent and that the c,,st of the iml,~,,~ m.,,~ hcf~,re esing ally part of the first pa~t have ]lt:]t:tmb, set State of New York, County of Suffolk, { s.: ()il the y ~7~ ,~,, ,,i September forty-aix I,efore individual s described ill, nllCi who e::'<uted, th, I,., going instrument, and acknoxvledged that they nineteen hulldred and MARTHA to the knowrl lo he the the day o{ , nineteen hundred and descril)ed in, and :vho ~",','uted, tile foregoing instru- the Sallie. On the day of , nineteen hundred and to be the individual ,",ncnt; that h. , ",M subscribing witness, wus I I L Made the and forty-nine New York nineteen hundred HERBERT HOSENBER~;, ' "" tding at 8o,tthold, Suffolk Countyt part y of the first part, end RIX R. MO DAVID~ re.~:bltng "' .O East Tve,,,mt fivonue~ Bronx 62~ New York litn£ £tiL ,ac pa,, y l'nrt y part, in consideration of the aecond part, Seventeen Hundred ($1700.00)~ - - ,- l)olla~s, lawf. l money o£ the United States, paid by tho part y of the secoml pat t, do part, ~[[ that certain plot, pie being at Bayview~ near !'V grant ami release unto the party o£ the second and assigns forever, parcel of land .~lt:uate, lying and the Town of Soutbo~d~ County of Suffolk and State of New York~ p,,'t~eularly described ns followsl BEGINNING at the r,,,,'~,,-asterly eor,,gr of hot ~umber a9 as showp ' ' - map entltl~a "~ap of Goose Bay Estate~ ''~ :' rutholdt I,. I." ft]~d in Suffolk County C~",' 's Office N,~v. 13, 1934 as Map Re. 1176 an,1 , .... ,,lng thence nlon~ the easterly line of bots n~b-,- "' go 46 as shown o,, said map of ~h~ e~s~erl7 e,,,' : ,aid 1,o~ N,,,,,her .a6; thence .. ~me~rlv on [:he ey~' '":'~ O~ ~[t* ~o,~el l:l~e OX' ~alo ~;-~umger 46, 15" ': thence S.,';o3a'?"W. 350 feet to a potn~ in tba '~'.,~ton easterly cf the southerly line of sma l,ot r~., ' 29~ thence westerly along : the ex~ensio,, ecs' ' ~,f the s~uf~,~r~y line of ~aid Lot Nt,mber 29, 1.5" to 'the poi.l: o~ t,egtnning. t SUBJECT to tho fo restrictions, .-(1) The Seller or his assigr~ the premises her~ improvements on : ,g re. servat~-,~s~ covenants and ~.serves tho r]ghf; to himself ,ut streets or avenues abutting 9ed %o be cr~veyedt to make ~ause to b~ ~td ,nd maintained to lay and maints~, gas or water mai,,-. ,-,,,1 to erected and ma~.ntain or cause to be ~reet.'" .... , maintained electric light and telephone poJ. oS~ --1 .... supports a~,¢t guy~. (2) Tile Purchaser "'""~ not .reef ,,,' enus~ or permiL to be erect;e,1 any i. ~ ~tng e~cept ,q~e dot, ached dwelling hot, cq fo, ,~' ~amily only, and one garage for private ,,ne c', than 60 f~,-l, facing road or hJ ghway. (3) No ou~Ja~ [¢,~ ~hall be .,~et~ ,,r permitted to be erect.ed on s, t of the premises. (4) Tile purchaser ':~ ~ uot manufaeture~ sell or permit to be manuf, d or sold~ on said premise~ any goods or merci,,,,- of any kind, and shall nOt~ carry on or permit -, ,uslness or trade whatsoeve~ upon said premises ~, ~ ,~11 nOt carry on or permit {~ any manner of thin~ ~ l,~ch will be a nuisance, ~wH~lesome, or offensive to;th'. , l,;~hborho°d. (5) No signs of.any ' ',~ shall be erected, except ~hose erected] with the po,, ~ :ton of the Seller herein. (6) No fences or ho,~..,: shall be erected or all.ed which ~re over ~ fo~i TOGETttER w~ th thre" descriptions: (1) To,erbar w[th from the northeas~ about 792 ~eet, tb of Sadte Gage,, (2) A3~o w]lh ~ sa~d ]and rom r]y wester~ y boun,~' ~y northerly abc.:. 1~ to Goose Creel~ (3) Aisc w~th ~ r'l northerly 'l~wTM of the nor thev~ inches in height. rights of way are the following ~t of way 30 feet in width orner of the premises southerly asterly at right angles to said ,ut 168 feet to land formerly ,,,other ]O foot right of way.. ,,, way ]O feet in, width over. :,,die Gagen and adjoining the ~f, from North Bayview Road ~ to a dredged canal leading , way 30 feet in width} the ~, is the extension easterly oi ~,,e premises hare~nabove de- scribed, fi',,,,, ~he ,,',,~*,,asterly corner of said premises easterly abou; 170 ~ ~ to said land formerly of Sadie 8agen and to n~id .... ~ right of way #(2) described above. : The foregoing rese ' ;~,ns and rostr]ctio, s are to run wil.h th~) land ...... hall be bindl.g upon the Purehs.,.~ers, hel~., ~' ,,tots and assigns January 1, 196Ot e~- ,' however, that the Seller reserves the right '~ q,anget alter or amend the reserw~tlo~s or re:,t, I,,~lons in whole or in part as the Seller may f, .... lime to time see fit. ~ 0~£(b£I: with the app,~rt,..ance.~ ~nd ,/I ti;t. , ....~,I rights o£ the part o£ the ~rst part ]t~ and to said premises, ~l} [Jfl~£ flll~} t{} [lO[~ th,' p~cmi~es 5 ~ei. , , ~ ,, ,; ,into the part of the .~econd part. and aastgns [orever. ~t~[1~ the said part of the first part c,. ..... ,~ aS follows: .~ir~t.--Tbat the part o[ the ~;, ~ i and ha good right to convey the same, ~f[OIl~.--That the part of the ~,, ~',:,~ p,~rt shall quietly enjoy the said premis~; ~[)~r~.--That the said premi.~es are t, .... f~-m incumbrances: seized o£ the said premises in £ee simple, .~OIIrtl).--That the part of the title to said premises; fi[tb.--That the part o£ the E~ r'~ u~ill esecnte or procure any [urther necessary assurance of the fi~ r ',~ will [orever waHant the title to said pr~mlses. ~[xtO.--That the grantor, in complio,,, ,. - . ', Section 13 o[ the Lien Law, covenants that the grantor will receive the consideration [or thi.~ convc~ ,- :,.t will hold the tight to receive such ~onsideration as a trust [und to be applied tSrst lot the purpo~; ,- . '~'htg the cost o[ the improvement ~d t~t the grantor will apply the same ~rst to the payn,ent o[ ~I. .... of the improvement ~efo~e nsing a~ p~t o[ the total ol the same [or any other purpose. I ]n Q itnt e: lOergo[, the hand and seal the day and year ~tst abov~ ~n pre~tntr of: Ibtatt of · otmtt, of On the day of nineteen hundred and fo me known and known to me to be the imh'~ :: ment, and acltnowledged to me thai lw exet ., , described in, anti who executed, the lor~golng instru. ~ame. q . ~talr of New York 1 ~': gou.~ of Suffolk On the before me came llerbert Ro~e~ "~ to me known and known to me to be the ipdl, and acknowledged to me that he meut, (ountp o! On t~e before me came witness ~o the [o~ego~ng instt.ment, w~rh Who' d~d depose and say that he res[des nineteen hnndred and ! f~rty-ntne described in, and who execnted, the [ore~olng instru- nineteen h.ndred and ~ th~ zubacribing ersonally acquainted, who, being b~ me duly sworn. that he knows to be the individ.al described tn. and who executed the foregoing instr..~ent; that ~..~. a.iJ ,," *rlblng witness, was present, and execute the. same; and that he, said witne~s. ~ ~ * *~,.e tlm, e subscribed h name as ,wit~eas thereto. - ' ,-' . .... _'_.::z_ A5 SUI2VEYEP ~OV. ::~.~ FZODEr2(C IC,,'VA.~W SOUTHOLD '[OWN I~LANf, IING BOARD .... J LLI t.[ ~5SfE Z ;%(?