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HomeMy WebLinkAbout1000-87.-1-23.7 LIBEl{ 7417 pa§e 403 DECLARATION, made Chis 2nd day of June 1973, by RUSSELL N. FREUND and ELXI~OI{ C. FREUIID, his wife, ~siding aC 300 EasC 40Ch Street, ~ York, ~ York, after refer~d ~o as the '~claranc~". ~S, ~claran~s ~ certain land sl~a~e, lyin~ and bein~ a~ $ou~hold, Town of ~uthold, ~ffolk County, N~ York, conve~d Co them by deed fr~ Jo~ B. Pearson distributes under Ohm ~s~ Will and Test~ent of ~ith H. M. ~arson, deceased, and conve~d to said ~i~h H. M. Pearson by deed ~cordmd June 14, 1~32 In Liar 1655 pa~ 231, which deed to ~clarants is in~ended to ~ recorded s~ul~eneously he,with and W~EREAS DesistanCe abouC ~o divide said premises into four parcels, ~arcel exceeding three acres in area; said land is held and , Declarem~s declare Chat the be conveyed by them eabJecC Co the follo~ing perpetual Covenants, Restrictions and Conditions which shall run with the land: FIl{ST: The four parcels hereinafter to be conveyed by Declarante shall each exceed three acres in area, and said parcels shall not be subdivided nor conveyed nor mortgaged ocher than as single parcels, and no portion of the premises may be subsequently conveyed or mortgaged unless said parcel shall exceed ~hree acres in area. This Covenant, in addition to the provisions of paragraph '~OURTEENTH" hereof, shall run to, inure to and be for the benefit of the To~n of Southold end the Planning Board of the To~n of Sou~hold, and Zheir s~aCuZory successors. SECOI~I): ~1o more than one single-family dwelling ittic; the ground floor area of the main structure, exclusive of ipen porches and garages, shall be not less than 1,500 square eec if a one story structure, nor less than 1,200 square feet if a two story structure; with a minimum square footage of 1,500 ~ee t. FOURTH: the .lane and specifications with the proposed site therefor have been, ubmitted to and approved by the Declarants and a written pemit issued therefor. FIFTH: No dwelling or structure shall be laced nearer than 30 feet to any lot line. SIXTH: No residence, garage or other structure hall be altered as to its ~teri~r unless the plans and specifi- i,tion, in connection . alt, r, tion thereof are in ~rchitectural conformity with the original plang and specifications nd the written permit therefor. SEVENTH: No trailer, basement, tent, shack, gar- ge, barn or other outbuilding erected on the tract shall at any ime be used as a residence temporarily or permanently, nor shall ny structure of a temporary character be used as a residence. EIGHTH: In constructing dwellings or other uildtngs or otherwise improving the premises, the owner of · rson making the improvement shall preserve the wooded character the premises end shall not damage or destroy any trees, the :utiing or destruction of which is not absolutely essential to :he improvement in question, Where the cutting or destruction ,f trees is absolutwly necessary co the improvement or the land- taping of the parcel, the owner or person making the improvement -2- No residence shall be erected until ich auxiliary buildings may be erected on any parcel. THIRD: Each such single-family dwelling shall e of a height no greater than two stories, with basement and subsequent to such improvenent shall replant such trees es do not impede access co the parcel. HIHTH: No poultry, horses, cattle, hogs or other anhnals, except household may be kept. All such domestic animals shell be confined exlus- ively to the owner's property. TENTH.: No house trailers, boats, boat ~ailers, campers or any unlicensed vehicles shall be left or scored on the premises outside of a gsrase or storage building. ELEV~7~H: No lot shall be used or maintained as a J u dumping ground for rubbish, trash,/garbage, or other waste. Any of the foregoing shall be kept in closed sanitary containers, which containers shall be kept out off the public view and in the rear of the premises. No part of said premises shall be used or occupied injuriously to effect the use, occupation, or value of the adjoining or adjacent premises for residence purposes, or the neig~Cborhood wherein said premises are situated. lines, or other such clothes drying implements, shall be main- Cained other, than in the rear yard ares of the premises. TWELFTH: Every owner of the premises or any portJ thereof, by the acceptance of a deed thereto, cover~nts and agree/ to ~ay to Declarants or Chair assigns on the lac day of July in each and every year, an annual charge to be used by Declarants or their assigns to pay the cost of maintenance of the roads or ways used in common on the premises and en apportioned amount of the cost of maintenance of the access drive or right of way from South Harbor Road. Said annual charge shall nsC, however, exceed the sum of Can mills on each dollar of the assessed valuation of the premises (including improvements) owned by each o~ner, as -3- fixed each year by the Assessors of the Town of Southold or their statutory successors. Xn the event that s~ch annual charge is not paid when due the same shall become and remain a lien upon the premises of said owne~ until paid and Declarants or their assigns shall have the right to collect same and Co enforce the .ism thereof by any means authorized by law. ~: The Declarants, their successors md assigns, whether or not owning any part of the aforesaid land, shall have the right to alter, modify or annul any of the covenantl restrictions and conditions of this declaration other than the covenant numbs:ed '~IEST", and shall also have the power to assign such right (with or without a conveyance of title to any part of the aforesaid land) by an instrument in recordable form. Should the declarant at any tine assign such right, the assignees thereof shall succeed to all of the rights and powers of the declarant hereunder, whether or not such assignee shall have title to any part of the aforesaid land. FOb~T~NTH: This declaration shall be binding upon, and inure to the benefit of, and be enforceable by the Declarants their successors and assigns, and (subject to the right of the Declarants, their successors and assigns, to alter, modify or annul any of these covenants, restriscions and conditions of this declaration) any o~ner or owners of any part of the aforesai¢ land, their heirs, legal representatives, successors and assigns; and the failure by any of ghe foregoing to enforce any of such covenants, restrictions and conditions, shall in no event be deemed a waiver of a right ~ do so thereafter. FIFTEENTH,: Invalidation of any of the aforesaid covenants, resCrict~ons and conditions by Jud~nent or court order shall in no wise affect any o~ehe other provisions which shall remain in full force and effect. -4- IN WZTNES$ ~n~OF l)eelaran~s hav~ executod these preeeato the day sad year first above writton. Russell N. Freund (~,us#ll N. ~reung) Elinor C. Freund (Xll~or C YrmUnd) ST~ OY ~-~ YO~X ) ) ss: co~rY o~ su~?ou~ ) On Cam day o£ , 1973, bm£o~m mm pmrmonaXxY emma IUJ6~TM N. F~EtIND and ELXNOR C. T~BIIND, to mm known to bm tim individuals dalGrtbmd in and vim exscuCmd the ~o~m~oiaa Botory Public No. ii2.. 90919-~ Commission Expi~e~ /,,Acri;h 30, 197`6, -5- Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 16, 1987 Hon. Joseph J. Snellenburg, II Family Court, State of N~w York Judge's Chambers Hauppauge, NY 11788 Re: Your Letter Dated April 15, 1987 .Premises of Mr. and Mrs. Charles .CTM ID #1000-87-01-23.7 V. Blake Dear Judge Snellenburg: We are in receipt of your April 15, 1987 letter concerning applications for Variances and/or subdivisions relative to premises of Mr. and Mrs. Charles V. Blake, Co.unty Tax Map Parcel ID #1000-87-01-23.7. Please be assured that we do not have an application recent·ly filed by the Blakes concerning a proposed subdiv.i$ion or variances thereunder. We are, however, transmitting copies of your letter to the Planning Board since subdivisions are only their authority and do not necessarily involve our department. A copy is also being transmitted to the Building Depart- ment. Your letter will be posted in our office for possible ZBA application(s) in the near future. It is suggested that ygu do check periodically with the Planning Board Office at 765-1938 for updates on an application filed w~th them. Yours very truly, lk GERARD P. GOEHRINGER cc: Planning Board CHAIRMAN Building Department ~ . . 11., 1) It" jJ'l ({f? E''1 (1 '" I' "IL '171'1n"I'" 'Uo.iL tJ i'''~1J!ja ,,) T"""n -1 n_ ,-, ~, .;~."I' n ~"ll1:,nif1 .V.,.. \1 ,.U,_ !lU,U JJubgc'. (!l~umbrr. ,3Jfumi1u (!lour! of I~r ~Iulr of ,Nrin 1J!orh (!louulU of ~uffolh ~uurruugr, ,N.l!. 11788 JOSEPH J. SNELLEN BURG. II JUDGE Personal April 15, 1987 HON. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 RE: Minor Subdivision #82 Approved 6/13/73; Lot 1000 087 01 23.7 Dear Chairman Goehringer: In 1973 approval was obtained for the captioned Minor Subdivision located on Private Road #10 (Old Wood Path), South Harbor, Southold, by Russell and Eleanor Freund. The parcels have all been conveyed, and the Freunds are no longer in title. Covenant and Restrictions, inter alia prohibiting further subdivision, were filed as part of the Minor Subdivision Approval. They were also recorded in the Suffolk County Clerk's Office. Charles Blake and wife own Parcel four on the aforementioned Minor Subdivision map, (Tax Lot 1000- 087-01-23.7). The map shows a 3.677 acre parcel, exclusive of the land in the bed of the 50 foot private road to the north. The parcel is improved with a substantial dwelling and outbuilding. I am advised that Mr. Blake is considering subdividing the 3.677 acre lot, selling the northerly portion. This further subdivision may well violate the Covenant and Restrictions under which the Minor Subdivision was approved, and under which the adjoining owners, (Holzapfel, Parcel one, 087-01-23.8; Ballenger, 087-01-22), either purchased parcels or consented to the approval of the Minor Subdivision. Although my wife is not an adjoining owner, (087-02-021), she would appreciate receiving notice of any applications for Variances to the Minor Subdivision, or to further subdivide any of the parcels. It would be appreciated if notices could also be sent to the following: Mr. & Mrs. John Holzapfel (087-01-23.8) South Harbor Road Southold, New York 11971 - JOSEPH J. SNELLENBURG. II JUDGE Personal Mr. & Mrs. William Ballenger 1801 Woodbourn Drive Flint, Michigan 48500 (087-01-22) Mr. & Mrs. Robert Bayley (087-01-21) P. O. Box 456 Southold, New York 11971. cc/ WJm~ sJ.H~l~.aDP.feBlallenger / Robert & Joan Bayley / U ~ ' JOSEPH J, SNELLENBURG, II Personal APR 1.6 1987 ~ount~ of ~uffolk April 15, 1987 HON. Bennett Orlowski, Jr., Chairman Planning Board, Town of Southold Main Road Southold, New York 11971 RE: Minor Subdivision ~82 Approved 6/13/73; Lot 1000 087 01 23.7 Dear Chairman Orlowski: In 1973 approval was obtained for the captioned Minor Subdivision located on Private Road 910 (Old Wood Path), South Harbor, Southold, by Russell and Eleanor Freund. The parcels have all been conveyed, and the Freunds are no longer in title. Covenants and Restrictions, inter alia prohibiting further subdivision, were filed as part of the Minor Subdivision Approval. They were also recorded in the Suffolk County Clerk's Office. Charles Blake and wife own Parcel four,on the aforementioned Minor Subdivision map, (Tax Lot 1000- 087-01-23.7). The map shows a 3.677 acre parcel, exclusive of the land in the bed of the 50 foot private road to the north. The parcel is improved with a substantial dwelling and outbuilding. I am advised that Mr. Blake is considering subdividing the 3.677 acre lot, selling the northerly portion. This further subdivision may well violate the Covenant and Restrictions under which the Minor Subdivision was approved, and under which the adjoining owners, (Holzapfel, Parcel one, 087-01-23.8; Ballenger, 087-01-22), either purchased parcels or consented to the approval of the Minor Subdivision. Although my wife is not an adjoining owner, (~87-02-021), she would appreciate receiving notice of any applications to modify the Minor Subdivision, or to further subdivide any of the parcels. It would be appreciated if notices could also be sent to the following: Mr. & Mrs. John Holzapfel South Harbor Poad Southold, New York 11971 (087-01-23.8) JOSEPH J. SNELLENBURG, II JUDGE Personal Mr. & Mrs. william Ballenger 1801 Woodbourn Drive Flint,Michigan 48500 (087-01-22) Mr. & M_rs. Robert Bayley P O Box 456 Southold, New York 11971 (087-01-21) We would further appreciate a copy of this letter being placed in Minor Subdivision File ~82, approved 6/13/73. Very truly yours, CC: J & J. Holzapfel Wm.S & E.D. Ballenger Robert & Joan Bayley VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: BENNETT ORLOWSKI, CHAIRMAN PLANNING BOARD ~ VICTOR LESSARD, EXECUTIVE ADMINISTRATOR C. BLAKE 280A ACCESS November 30, I987 Charles and Sandra Blake; parcel 087-1-2.7 is part of a sub- division (Fruend) with a road within its perimeters. Even though the approved portion of the R.O.W. has been approved to the point of the entrance to the sub-division by Z.B.A., the applicant, by 280A interpretation, must have an approved 280A to the point or points of entry to th~ property. When the Planning Board has approved these improvements, the Building Department will then issue a Certificate of Occupancy for the construction on this property. VL:gar cc to: Zoning Board of Appeals HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. P ID T~:LDy Southold, N.Y. 11971 February 2, 1984 TELEPHONE 765-1938 Stephen F. Griffing, Jr. Attorney at Law P.O. Box 982 Riverhead, NY 11901 Re: Loria Minor Subdivision at Southold Dear Mr. Griffing: Pursuant to your request, I have enclosed a copy of the correspondence our office received from the Town Attorney regarding the above mentioned subdivision. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PANNING BOARD y lane ~4. Schultze, Secret~fry enc. ROBERT W. TASKER Town Attorney [: 7 REC'D OFFI RNEY N,~ ~'-~ ~' TELEPHONE (516) 477-1400 425 M~N ST. G~E~ORT, LI., NEW YO~ 11944 November 28, 1983 Henry E. Raynor, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Loria Minor Subdivision at Southold Dear Henry: I have reviewed the correspondence which you sent me from Mr. Stephen F. Griffing, Jr. as well as Mr. William S. Parsons of the American Title Insurance Co. I am in accord with both Mr. Griffing and Mr. Parsons in their view that the deeds from the developer to the lot owners conveyed one-half of the right of way and that, accordingly, such convenances did not violate the provisions of the restrictive covenants. Yours very truly, ROBERT W. TASKER RWT :aa ROBERT W. TASKER Town Attorney EY ND¥ 19B3 TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORKl1944 November 28, 1983 Henry E. Raynor, Chairman $outhold Town Planning Board Main Road Southold, New York 11971 Re: Loria Minor Subdivision at Southold Dear Henry: I have reviewed the correspondence which you sent me from Mr. Stephen F. Grilling, Jr. as well as Mr. William S. Parsons of the American Title Insurance Co. I am in accord with both Mr. Grilling and Mr. Parsons in their view that the deeds from the developer to the lot owners conveyed one-half of the right of way and that, accordingly, such convenances did not violate the provisions of the restrictive covenants. Yours very truly, ROBERT W. TASKER RWT:aa November 9, 1983 Town of Southold Planning Board Main Road Southold, NY 11971 Dear Sir or Madame: Enclosed are copies of Deed, Russell N. Freund to Philip Loria and wife, copy of Declaration made by Russell N. Freund and wife, and a letter addressed to me from William Parsons of the American Title Ins. Co. Briefly, the Covenant requires acreage of three acres or more and the .Covenant inured to and be for the benefit of the Planning Board by its terms. The deed to Loria conveys only 2.831 acres by description. The description runs to the Northerly side of the Right of Way. The minor subdivision calls for the property line to be the center line of the right of way rather than the side of the right of way. However, because the Deed to Loria contains a clause, which reads 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; it is my opinion and the opinion of Mr. Parson that Loria by virtue of his deed has title to the center line of the right of way and really still has 3.004 acres as is shown on the filed minor subdivision. I would appreciate, if you feel that you can do it, a written communication addressed to me that in the opinion of the Planning Board the Covenant has not been violated by the Freund conveyance to Loria. This is important to my client as it could affect the marketability of the lot. Thanking you for your prompt consideration of this req~e§t. I am, SFG:cg Encs. CONSULT YOUR LAWYE FORE SIGNING THIS INSTRUMENT-THIS IN MENTSHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, madethe / ~ I'd'ay of August , nineteen htmdred and seventy-eight RUSSELL N. FREUND, residing at 137 East 36th Street, New York, New York 10016, 1000 District pa~y of the first part, and PHILIP LORIA and HEATHER LORIA, his wife, both residing at 25 Bray 087.00 Sec~ Avenue, Mattituck, New York 11952, RECEIVED 01.00 $._&~;.G.~... .... ~lock 2516 RFAL ESTATF. AUG ! 3 1978 party of the second part, T~, 23. 002 " "' LO~ WITNF_~SF-TH~ tha~ the natty of the first part, in consideration of '~!'¢.t ,: ~ .... - ...... T .............. -TEN ($19.00) ....................... dollars, ]awfulmone. y 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 successors and assigns of the party of the second part ~orever, ALl- that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbeingin the Tox,m of Southold, County of Suffolk and State of New Yor known and designated as Parcel II on a Mino~ Subclivision map da_ted · Flay 2, 19'/3, more particularly bounded and described as £ollows: HEGINNTNG at a point which is the southwesterly corner of the premises about to be conveyed herein and the southeasterly corner of premises about to be conveyed by the party of the first part to Charle Stewart and Lorraine Stewart, which point is also located on the north erly side of a fifty foot right of way; running thence from said poin of beginning along lands now of, or abou~.o, be conveyed to, Stewart, north 5 degrees 19 minutes 10 seconds we ~ feet u~r--:-'-::: ?' -~ to e.t land now or formerly of C.H. Wickham Estate; running thence along said Cq last mentioned land and Laughing Waters Property Owners Association ~ south 84 degrees 58 minutes 30 seconds east 176.21 feet to a point and ~ south 78 degrees 34 minutes east 84.31 feet to a point and other lands of the party~of the first part; running thence along other lands of th p~.r~v of the first, part, south 5 degrees 19 minutes 10 seconds east ~, ~3~feet .~ !~.r~.- : :. to a point on the northerly side of the afore- mentioned fifty foot right of way: running thenc~ along said right of way the following two course,~nd distances: (1), north 74 degrees 24 minutes 50 second, s west ~eet.~-~??-.:~-'~:~...~ (2) north 48 degrees 25 minutes 20 seconds west -'~2feet'~ to the point or place ~ of BEGINNING. TOGETHER with a right of way in common with others for all purposes over a 25 foot strip the southwesterly line of which .is the · , center line of the "Old Woods Road", which southwesterly line is described as follows: BEGINNING at tho northwesterly corner of the land of the narty d!stant ~-^~eet ~:. -- ..... x~s on line bearing' south of the first part, ~.., 29 degrees 29 minutes 20 seconds west from a concrete monument at the southeasterly corner of the land of Maguire; running thence south 27 south d_g .... 01 minutes 30 secon~ east 241.62 feet..' running thence 17 degrees 15 minutes east h~-7¢feet,~ ,:.l. ~. t8 TOGETHER with a right of way for all-purposes, in common with others over a fifty foot road or right of way, the center line of which is described as follows: BEGINNING at a point on the center line of the "Old WQods Road distant 241.62 feet on a line bearing south 27 degrees 10 minutes 30 seconds east from the northwesterly corner of lands of the party of the first part; running thence due east 115 feet; running thence sout 48 degrees 25 minutes 20 seconds east 374.48 feet; thence south 74 degrees 24 minutes 50 seconds east 198.84 feet. TOGETHER with a right of way in common with others for all purposes over the "Old Woods Road"commencing at the point where an extension due west of the southerly line of the roadway last above described intersects the westerly line of said "Old Woods Road" and running in a northwesterly direction over the entire width of said "Old Woods Road" to and from South Harbor Road. THE PARTY OF THE SECOND PART, their successors and assigns agree that they will accept a conveyance of the bed of any road abutting the above described propertY to the center line thereof, when and if offered by the Party of the first part or his successor in interest. This covenant shal~run with the ~and. GrantorB~N~yI~D~et~Mb~ae~lhi,s ~r~s~ y~tothe i ~7 c~ the Office of the Suffolk County Clerk on June 7, 1977 in Liber 8248 cp 342. '-~' ;',~5~ 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, TQGETHER 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 and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideratlon for this conveyance and will hold the right to receive such consid- trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly 7cuteg-hh>deed the day and year first above written. ~j~~/~ IN FR~SENCE OF: '~" " ~. kF r eXln'ZS;' - STATE OF'N~W.~RK, COOt*in' OF SUFFOLK SS: Onthe /~ dayof August 19 78, beforcmc personally Came RUSSELL N. FREUND to me known to be the~-m:l~vidual described in and who executed the fo, r~in~ instrument, and acknowledged that ne executeo/me.~ime~. , RUDOLPH H. 8RUER NOTABY PUBLIC, Slate of New York No. 52-0465530. Suffolk County Commission Expires March 30, 197~ 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 o , the corporation described in and which executed the foregoing instrument; that he knows the seal of safd 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 YORK, COUNTY OF On the day of personally came .. 19 SS: , beforeme to me known to be the individual described in and who executed the foregoing instrument, a~d 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. EQuiTY ABSTRACT, iNC. Bargain anb ale i eeh WITH COVENANT AGAINST GRANTOR'S ACTS TIT~EN0. 7808-080872 RUSSELL N. FREUND 'TO PHILIP LORIA and HEATHER LORIA STARDARD FORU OF HEW YORE BOARD OF TITLE UNDERWRITER Distributed by INSUJI~A~d'C m~- C Ol~.f PANT SECTION BLOCK LOT COUNTY OR TOWN Recorded at Rcquc-st of CHICAGO TITLE INSURANCE COMPANY Return by Mail to Stephen F. Gritting, Jr., 120 Court Street P.O. Box 982 Riverhead, New York 11901 Zip No. Esq. 3Olg~J '? ~J~Hi~tV ,,, 030EOO2a , · american title insurance company northeast region 130 OSBORNE AVENUE · RIVERHEAD. NY. 11901 · (516) 727-5500 · 724-8989 October 26, 1983 Steven Griffing, Esq. 120 Court Street Riverhead, New York 11901 Re: Minor Subdivision Freund/Loria Dear Steve: I have reviewed the captioned matter and I find as follows: Minor Subdivision of Russell and Elinor Freund was approved by Town of Southold on 6/13/73, the map is dated 5/2/73. The map showed the areas of all lots, 1 to 4, both inclusive, to exceed 3 acres. The map also showed a 50 foot right of way servicing all lots. The acreage of all lots and the boundaries of all lots was the center line of the 50 foot right of way. A declaration of covenants and restrictions was re- corded in Liber 7417 cp 403 and dated June 2, 1973. The covenants and restrictions were amended by amended declaration dated April 3, 1978 and recorded in Liber 8412 cp 567. The covenants and restrictions in Liber 7417 cp 403 provided for the following: "The four parcels hereinafter to be conveyed by Declarants shall each exceed three acres in area, and said parcels shall not be subdivided nor conveyed nor mortgaged other than as single parcels, and no portion of the premises may be subsequently conveyed or mortgages unless said parcel shall exceed three acres in area. This covenant in addition to the pro- visions of paragraph "FOURTEENTH" hereof, shall run to, inure to and be for the benefit of the Town of Southold and the Planning Board of the Town of Southold, and their statutory successors". cont'd -2- and for the following: "The Declarants, their successors and assigns, whether or not' owning any part of the aforesaid land, shall have the right to alter, modify or annul any of the covenants, restrictions and conditions of this declaration other than the covenant numbered "FIRST" and shall also have the power to assign such right (with or without a conveyance of title to any part of the aforesaid land) by an instrument in recordable form. Should the Declarant at any time assign such right, the assignee thereof shall succeed to all of the rights and powers of the Declarant hereunder, whether or not such assignee shall have title to any part of the aforesaid land". Freund conveyed parcel 11 on the Minor Subdivision to Loria (see attached, liber 8482 cp 551, dated 8/12/78). Preamble recited parcel 11 but metes and bounds description that followed ran to northerly side of Right of Way. However, there was a 1/2 interest clause that conveyed 1/2 of the street to Loria. Deed from Freund to Steward in Liber 8516 cp 21, dated 9/23/78, copy attached, also recited full Parcel 1, but specifically excluded "the 25 foot Right of Way running along the entire southwesterly line", deed contained 1/2 interest clause. Deed to Beaudin for Parcel 3, Liber 8507 cp 150, copy attached, dated 9/23/78 referred to full Parcel 3 but metes and bounds did not include portion of right of way. Deed however did contain 1/2 interest Clause. If, by virtue of the aforesaid deeds, Freund intended to exclude any part of the 50 foot Right of Way, he did not do so since he did not strike the 1/2 interest clause. If he intended to exclude as aforesaid, he would also have violated paragraph First of his declaration of covenants and restrictions, which he cannot modify or annul. The last deed to Blake, copy attached, is recorded in Liber 8924 cp 265, dated 11/22/1980. This deed purports to convey the bed of the 50 foot Right of Way, a portion of which was previously conveyed. This deed is subject to the convenants and restrictions in Liber 7417 cp 403. The deed recited the following: "Subject to a Right of Way 25 feet in width over the northerly portion of the premises described". I am of the opinion that Freund intended to convey to Blake only the southerly 25 feet of the Right of Way. If you carefully examine the aforesaid recital, you will see that a portion of this paragraph has been blocked out. I believe the portion blocked out reads as follows: "The northerly line of the premises being the center line of the 50 foot right of way". cont'd -3- I do not feel that Freund could convey the 50 foot Right of Way since he previously conveyed a portion of the same, and I am sure he did not intend to violate his own covenants and restrictions and possibly the zoning ordinances of the Town. Vice President WSP/amb enclosures ~JTEP~ ~ F. GRL~'~'I~G. J1L ~.TTOR~%'BY A~D COUNSELOR ~.T LAW 120 COURT ~ November 9, 1983 Town of Southold Planning Board Main Road Southold, NY 11971 Dear Sir or Madame: Enclosed are copies of Deed, Russell N. Freund to Philip Loria and wife, copy of Declaration made by Russell N. Freund and wife, and a letter addressed to me from William Parsons of the American Title Ins. Co. Briefly, the Covenant requires acreage of three acres or more and the Covenant inured to and be for the benefit of the Planning Board by its terms. The deed to Loria conveys only 2.831 acres by description. The description runs to the Northerly side of the Right of Way. The minor subdivision calls for the property line to be the center line of the right of way rather than the side of the right of way. However, because the Deed to Loria contains a clause, which reads 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; it is my opinion and the opinion of Mr. Parson that Loria by virtue of his deed has title to the center line of the right of way and really still has 3.004 acres as is shown on the filed minor subdivision. I would appreciate, if you feel that you can do it, a written communication addressed to me that in the opinion of the Planning Board the Covenant has not been violated by the Freund conveyance to Loria. This is important to my client as it could affect the marketability of the lot. Thanking you for your prompt consideration of this req~e§t. I am, SFG:cg Encs. 1000 bistrict 087.00 01.00 Block 23.002 Lot CONSULT YOUR LAW*~I~'BEFORE SIGNING THIS INSTRUMENT -THIS ~R~I'rRUMENT SHOULD SE USED BY LAWYERS ONLY r;dZ O,J-L THI$1NDENTURE, madethe /~ yof August BETWEEN ........ RUSSELL N. FREUND, residing at 137 East New York 10016, , nineteen h~ndred and seventy-eight 36th Street, New York, party ofthefirstpaR, and PHILIP LORIA and HEATHER LORIA, his wife, both residing at 25 Bray Avenue, Mattituck, New York 11952, 2516 party of the second part, WITNESSETH, that the party of the first part, in consideration of RECEIVED .... R~AL ESTATE AUG ! 3 1978 .... ~ ...... -. .............. iTEN (81D. 00) ....................... dollars, lawfulmone, y 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 successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ~ingandbeingin the Town of Southold, County of Suffolk and State of New Yor~ known and designated as Parcel II on a Minor Subdivision map dated 'May 2, 1973, more particularly bounded and described as follows: BEGINNING at a point which is the southwesterly corner of the premises about to be conveyed herein and the southeasterly corner of premises about to be conveyed by the party of the first part to Charley Stewart and Lorraine Stewart, which point is also located on the north erly side of a fifty foot right of way; running thence from said poinl of beginning along lands now of, or about~/~.~_~e conveyed to, Stewart, north 5 degrees 19 minutes 10 seconds west[~-t-~ feet ~?-~- u:~Y ~ to land now or formerly of C.H. Wickham Estate; running thence along said last mentioned land and Laughing Waters Property Owners Association south 84 degrees 58 minutes 30 seconds east 176.21 feet to a point and south 78 degrees 34 minutes east 84.31 feet to a point and other lands of the party~of the first part; running thence along other lands of thc n~r*,~ o~ the first, part south 5 degrees 19 minutes 10 seconds east ~J~Afeet ~!:-~.~..,: ~ to a point on the northerly side of the afore- mentioned fifty foot right of way: running thence slong said right of way the following two course,~nd distances: (1) north 74 degrees 24 minutes 50 seconds west ~f~eet.~ (2) north 48 degrees 25 mim~tes 20 seconds west ~feet~~ to the point or place of BEGINNING. TOGETHER with a right of way in common with others for all purposes over a 25 foot strip the southwesterly line of which ~s the center line of the "Old Woods Road", which southwesterly line is described as follows: BEGINNING at the nort~%~esterly corner of the la.nd of the party of the first part, distant ~2feet ~-~;c-~ ~?. ¥~ on a line bearing south 29 degrees 29 minutes 20 seconds west from a concrete monument at the southeasterly corner of the land of Maguire; running thence south 27 degrees 01 minutes 30 secon~ east 241.62 feet~ running thence south 17 d~g.__s 15 minutes east L~-7-feet,~-~T~ TOGETHER with a right of way for all--purposes, in common with others over a fifty foot road or right of way, the center line of which is described as follows: BEGINNING at a point on the center line of the "Old WQods Road" distant 241.62 feet on a line bearing south 27 degrees 10 minutes 30 seconds east from the northwesterly corner of lands of the party of the first part; running thence due east 115 feet; running thence south 48 degrees 25 minutes 20 seconds east 374.48 fe~t; thence south 74 degrees 24 minutes 50 seconds e. ast 198.84 feet. TOGETHER with a right of way in common with others for all purposes over the "Old Woods Road" commencing at the point where an extension due west of the southerly line of the roadway last above described intersects the westerly line of said "Old Woods Road" and running in a northwesterly direction over the entire width of said "Old Woods Road" to and from South Harbor Road. THE PARTY OF THE SECOND PART, their successors and assigns agree that they will accept a conveyance of the bed of any road abutting the above described property to the center line thereof, when and if offered by the Party of the first part or his successor in interest. This covenant shal~un with the Sand. GrantorB~l~N~ I~D~et~MbTU~t~ same premises conveyed to the · Y ~ 19, 1977, and recorded in the Office of the Suffolk County Clerk on June 7, 1977 in Liber 8248 cp 342. 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 patty of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 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 b_e applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. ..xc · d~deed the day and year first above IN WITNF~$ WHEREOF, the party of the first part has duly written. /~'~.'~ ~." ~ ~--~<'Russe ~l N. rek~nh~' ' OF'NEW.kg. COUNTY OF SUFFOLK SS: On the /~ d/'~y of August 19 78, before me personally Came RUSSELL N. FREUND to me known to be the~is~vldual described in and who executed the foreg~oh~ instrument, and acknowledged that he executedAfie ~n .cZ~ --~ ~/"1 £/ - ' ' RUDOLPH H. BRUER NOTARY PUBLIC, Slate of New York No. 52.0465530 - SulloJk CouM¥ Commission Expires March 30, 1979 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 safd 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 YORK, COUNTY OF On the day of personally Came ,19 SS: , 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 O[1 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. tha~t: 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. rr. QLp,-i-Y ABSTRACT, INC.. Bargain anb ale eeb WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. 7808--080872 RUSSELL N. FREUND TO PHILIP LORIA and HEATHER LORIA ST~DARD FORu OF NEW YORK BOARD OF TITLE UNOEJIWRITEIS Distributed by CHICAGO TITLE INSURANCE C OAf PANy SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request of CHICAGO TITLE INSURANCE COMPANY Return by Mail to Stephen F. Griffing, Jr., 120 Court Street P.O. Box 982 Riverhead, New York 11901 Zip No. Esq. ),lNflOO NgOJJfl5 JO NU~TM 301933 '? ., o3o~ooJa american title insurance compBn¥ northeast region 130 OSSORNE AVENUE * RIVERHEAD. N Y. 11901 · (516) 727-5500 · 724-8989 October 26, 1983 Steven Griffing, Esq. 120 Court Street Riverhead, New York 11901 Re: Minor Subdivision Freund/Loria Dear Steve: I have reviewed the captioned matter and I find as follows: Minor Subdivision of Russell and Elinor Freund was approved by Town of Southold on 6/13/73, the map is dated 5/2/73. The map showed the areas of all lots, 1 to 4, both inclusive, to exceed 3 acres. The map also showed a 50 foot right of way servicing all lots. The acreage of all lots and the boundaries of all lots was the center line of the 50 foot right of way. A declaration of covenants and restrictions was re- corded in Liber 7417 cp 403 and dated June 2, 1973. The covenants and restrictions were amended by amended declaration dated April 3, 1978 and recorded in Liber 8412 cp 567. The covenants and restrictions in Liber 7417 cp 403 provided for the following: "The four parcels hereinafter to be conveyed by Declarants shall each exceed three acres in area, and said parcels shall not be subdivided nor conveyed nor mortgaged other than as single parcels, and no portion of the premises may be subsequently conveyed or mortgages unless said parcel shall exceed three acres in area. This covenant in addition to the pro- visions of paragraph "FOURTEENTH" hereof, shall run to, inure to and be for the benefit of the Town of Southold and the Planning Board of the Town of Southold, and their statutory successors". cont'd -2- and for the following: "The Dgclarants, their successors and assigns, whether or not owning any part of the aforesaid land, shall have the right to alter, modify or annul any of the covenants, restrictions and conditions of this declaration other than the covenant numbered "FIRST" and shall also have the power to assign such right (with or without a conveyance of title to any part of the aforesaid land) by an instrument in recordable form. Should the Declarant at any time assign such right, the assignee thereof shall succeed to all of the rights and powers of the Declarant hereunder, whether or not such assignee shall have title to any part of the aforesaid land". Freund conveyed parcel 11 on the Minor Subdivision to Loria (see attached, liber 8482 cp 551, dated 8/12/78). Preamble recited parcel 1t but metes and bounds description that followed ran to northerly side of Right of Way. However, there was a 1/2 interest clause that conveyed 1/2 of the street to Loria. Deed from Freund to Steward in Liber 8516 cp 21, dated 9/23/78, copy attached, also recited full Parcel 1, but specifically excluded "the 25 foot Right of Way running along the entire southwesterly~line'', deed contained 1/2 interest clause. Deed to Beaudin for Parcel 3, Liber 8507 cp 150, copy attached, dated 9/23/78 referred to full Parcel 3 but metes and bounds did not include portion of right of way. Deed however did contain 1/2 interest clause. If, by virtue of the aforesaid deeds, Freund intended to exclude any part of the 50 foot Right of Way, he did not do so since he did not strike the 1/2 interest clause. If he intended to exclude as aforesaid, he would also have violated paragraph 'First of his declaration of covenants and restrictions, which he cannot modify or annul. The last deed to Blake, copy attached, is recorded in Liber 8924 cp 265, dated 11/22/1980. This deed purports to convey the bed of the 50 foot Right of Way, a portion of which was previously conveyed. This deed is subject to the convenants and restrictions in Liber 7417 cp 403. The deed recited the following: "Subject to a Right of Way 25 feet in width over the northerly portion of the premises described". I am of the opinion that Freund intended to convey to Blake only the southerly 25 feet of the Right of Way. If you carefully examine the aforesaid recital, you will see that a portion of this paragraph has been blocked out. I believe the portion blocked out reads as follows: "The northerly line of the premises being the center line of the 50 foot right of way". cont'd -3- I do not feel that Freund could convey the 50 foot Right of Way since he previously conveyed a portion of the same, and I am sure he did not intend to violate his own covenants and restrictions and possibly the zoning ordinances of the Town. Ver ruly yo William S. Parsons Vice President WSP/amb enclosures February 26, 1973 Joseph J. Snellenburg, II, Esq. Main Road Southold, New. York 11971 Application for a minor sub~ivision Pearson property e/s South Harbor Road Dear Mr. Snellenburg: The Planning Board discussed this proposed minor subdivision at a regular meeting on February 21st. The Board will require the following changes on the map: (1) improve 25 feet of the right of way, 12 1/2 feet on each side of property, with bank run~ (2) the right of way on the northwest corner will have to be improved 25 feet~ (3) also the Board will require covenants and deed restrictions that the lots will not be re-subdivided. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW:tle JOSEPH J. SNELLENBURG, II ATTORNEY AND COUNSELLOR AT LAW SOUTHOLD, NEW YORK 11971 2300 February 9, 1973 Mr. John Wickham, Chairman Planning Board, Town of Southold Southold, N.Y. 11971 Dear Mr. Wickham: Re: Application for a Minor Subdivision Pearson property e/s South Harbor Road At the Planning Board meeting of February 8, 1973, Robert W. Gillispie III and I, acting on behalf of Russell & ilinor Framnd, contract vendees, submitted a proposal for a four lot minor subdiv- ision of the Pearson property, 13.144 acres, located on a right- of-way e/s South Harbor Road, bounded north by Cory Creek, east by Mealy, south by Nunnekoma Water and Ballenger and west by H. Terry. The proposal and sketch should include the following: 1. Recorded covenants and restrictions not to further sub- divide for a time period or as the board may require; 2. Same limiting one sigle family dwelling per lot; requiring architectural approval of plans for dwellings of not less than 1250 or 1500 square feet per dwelling; 3. Same, not yet framed, limiting removal of trees to those necessary for construction; 4. Same, requiring annual contribution not to exceed 10 mills per dollar of assessed valuation for maintenance of roads in subdivision and the access road from South Harbor Road 5. Such other covenants and restrictions as may be appropriate to the proposed 3 acre lot development, or as may be directed by the Board. I wish to point out that the premises are presently burdened of record by at least two rights-of-way over the old wood road; these easements effectively prevent the termination of the existing road or substantial alteration. However such easements are secondary access for the people involved, since they have principal access to their premises over paved or public roads. As I also indicated to the Board, Ballenger and I have requested that the Freunds grant us access to the northeast corner of Ballenger's premises by a road to run in a southerly direction between parcels 2 and 3, so as to permit Ballenger and I to discontinue use of the road running between our houses and the Bay. Prior to the instant submission we explored alternative access to this property, other than over the 20 foot existing right of way. An Mr. John Wickham, Chairman-2 examination of the map and the various record titles indicates clearly that the premises are substantially landlocked, and that there is no other access available. In addition, and solely for aesthetic reasons, the subdividers would like to limit both the roadbed size and the actual improved size to the minimum width, to preserve trees and the other features which make this property attractive. I have a personal interest in this proposal, since I reside adjacent to the parcel; it has been on the market for some time, and its ultimate development is of personal concern. I am enthusiastic about the instant proposal, based on lot size, maintenance of the c~racter of the area, and conservation of area water supply. In addition, Ballenger and I will benefit substantially by virtue of a desireable adjustment of our road access to our respective dwellings Although not relevant to the Planning Board's considerations, there are certain time limitations in the contract of sale herein. Accordingly we respecfully request that the Board consider the within proposal at the next meeting, February 21st, and advise me as to co~mnents and suggestions as soon as possible. JJS II;e cc: Mr. &Mrs. Russell Freund Robert W. Gillispie III APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: iomm The undersigned applicant hereby applies for (~l~lil~) (final) approval o¥1 a/subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If tl~e applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under applicat~n.) Contract vendees fr~ John B. Pearson 2. The name of the subdivision is to be .~r. S~divisio~g~ss.ell.~.gl~0<.. . .. Fzeaud .................................................................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy o{ deed suggested.) 4. The land is held by the applicant under deeds recorded in SuHolk County Clerk's o{{ke as follows: John B. Pearson fr~ Edith H.M. Pearson who acquired title ~ ...... ............... ....... ........... O, .. lgPg...; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ as devised under the Last Will and Testament of ... Edith .R.K.. ~9~ .......... or as distributee ....................................................................... ~. The area of the land is ~,.~ ....... acres. 6. All taxes which are liens on the land at the date hereo{ have been paid except .......... second half 1972-73 $235.73 7.The land is encumbered by .. ~P ......................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amoun~ o{ $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorded; in Liber ............ Page .................... in original amoum of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8, There are no other encumbrances or liens against the land except ....... .n.o. Ixo. ........... 9. The land lies in the following zoni,ng use districts .. Res~der~[~l .................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept none 11. The applicant shall at his expense install all required public improvements. t2. The landi (I~:Re~) (does not) lie in a \¥ater District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be lai,d by ........ n..o.n..0 ................................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by .... .L.I..~.C..0 .............................. and (a) (no) charge will be made for installing said lines. None 15. Gas mains will he installed by ............................................................ and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the To~vn of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions ~vith the proposed streets. 20. In the course of these proceedings, the applicant ~vill offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots shoxving all restrictions, covenants, etc. Annex Schedule "D". 22. The applicaut estimates that the cost of grading and required public improvements will be a a~n road only "E" $. ?. sMV.~.*. as itemized' in Schedule hereto annexed and requests that the maturity of the Performance Bond be fixed at ...~Q.n.~.... years. The Performance Bond xvill be ~vritten otherwis Schedule "E". DATE .A.p.r. '.x.1...2.1. ................... 19.7.3. (Signa~e and Title) 300 East 40th Street New York 10016 (Address) STATE OF NEW YORK, COUNTY OF ...... I~..U?.I?.0.L.K; .................. ss: au the ..... 2J.$K ....... day of ...A~I:'J. 1 ............. 19..?~., before me personally came . ll~U. il.8.~.~...N.,..~...E.i.~..tl.o..r...C:...F.~..o.u..n.d., to me kuown to be the individual described in and wh,~ ackno~v]edged that executed the foregoing instrument, and Commission Expires March 30, 1974 STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. day .............. of .......... , 19 ...... , be~ore me personally came ................................................ to me known, who beiug by me duly sworn did de~ pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ know~ the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and. that ............ signed ............ uame thereto by like order. Notary Public APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (t, ex~v, ke) (final) approval o~dlvision plat in accordance with Article 16 of the Toxvn Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) Contract venddes from John B. Pearson 2. The name of the subdivision is to be .l~lir~or..Subd-iv.is.~.en--R~s.se-~.l. ~..El.i:.ao~'. · · .. ~raa~d .................................................................................... 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: John B. Pearson from Edith H.M. Pearson who acquired ............... Page ....... ........... On Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of · ~d~,th.½,M,.~ea~son ........... or as distributee ........................................................................ 5. The area of the land is 2.3..16.4 ....... acres. 6. All taxes which are liens on the land at the date hereof have been paid except .......... second half 1972-73 ~235.73 7.The land is encumbered by ...nO. ........................................................ mortgage (s) as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amoum of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recordec~ in Libet ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8. There are no other encumbrances or liens against the land except ....... ~O~,~ ........... 9. The land lies in the following zonl,ng use districts . ..R~siden~i~t .................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept .... llOlle ......................................................................... 11. The applicant shall at his expense install all required public improvements. I2. The land, (~) (does not) li,e in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be laid by ........ rlc~O.O, ............................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by .... LILC0 ............................. .................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ......... .N.O..a?. ............................................. and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots sho~ving all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be ~ ~,~ road on][M $..-~.s-~u.~. as ~tem:zen m Schedule "E" hereto aunexed and requests that the maturity of the Performance Bond be fixed at ... ~oxie... years. The Performance Bond will be written by a licensed surety company unless otherwi~~~..~.Fi~~~ A ................... 19. ..... ...3..0.0~, g .a.s..t..4.0.~..h., .S~r..e.e..t...~.e..w..¥9.r..k...1.0016 (Address) STATE OF NEW YORK, COUNTY OF ....... S.UFEOLK .................. ss: On the ..... 218. t: ....... day of ... ,~px;i~, .............. 19...7.3, before me personally came . J.{u.s $1~13..N.,. ~. b'.l:Ll:tOr. L~,..l~r.~l,l~qc, l. to me known to be the individual described in and who executed the foregoing instrument, and acknoxvlcdged that ...~.h.e.Y. ..... executed the same. Notary ~ ~;)'uolifl~m Suffolk Coun~ No. 52-9091250 Commission Expire~ March 30, 1974 STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. day .............. of .......... , 19 ...... , before me personally came ................................................ to me known, who being by me duly s~vorn did de- pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of_ the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public [leu, nq L.~l~[~ 0 [~,,.,~T 0 [~.1 [ $, INC. 260 ISLIP AVENUE, ISLIP, N.Y. APPROVED EY NEW YORK STATE DEPARTMENT OF HEALTH LABORATORY NUMBER ~73~3 COLLECTED ]By (.i~. ~O~L~llidJt~) DArE COLLECTED *ODRESS (l~l~4te ~ off earth ~4rbor ~oed. aeutb)],4, i1.1~.) OAr~ EEC~JV~O DATE REPORTED Color PHYSICAL EXAMINATION Irma (Fa) ~ ~ ~ Ammonia Free (as N) Ozyfen Consumed {0) Chiorid~s (C~) Manliness (Mn) ~ ~ ~ ~ A .... ia alb. (as lq) Cra'ban Dioxido (C02) . ! ~ Nitrites (ss N) Hardness. torsi Fluorides CF) ~ ~ Nitrates (u Iq) 1 s~ ~lkdinity (as CaCO3) 6 s~ _ ~ De--tersest. ~ ~ PH vMee BERNARD NEWMAN. Ch.E., M,S., Ph.D., Director SUFFOLK COUNTY DEPARTMENT OF HEALTH SUFFOLK COUNTY CENTER RIVERNEAO, NEW YORK 11901 April 24, 1973 Joseph J. Snellenburg,. II Attorney at Law So,.thole, N.Y. 11971 Minor subdivision-- e/s South Harbor Road Southold Dear Mr. S~ellenburg.' We have received your letter of April 20, 1973, regarding the above referenced project. Please be advised that we have checked our files and located the well data for Lot #13, Nun- neko~a Waters as requested. With this data, we agree to waive the test well require- ment for the four Iota being developed. Very truly yours, Rober~ A. Villa, P.E. Chief General Engineering Services K. L. Dickerson CH[STNUT ROAD -:- BOUTHOLD, N. Y. Estimate On road to be constructed off South Harbor Road. 920 feet of road, 25 feet wide built to Southold Town specificationsf per Planning Board Letter dated February 26, 1973 and and Minor Subdivision Map dated May 2, 1973 $2600 00 ELIZABETH A, NEVH.LE TOWN CLERK KEGI~TRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TO~ CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBUC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: PLANNING BOARD (Department or Officer, if known, that has the information you are reqU~-;esting.) ' RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title,/~t~tax mape~ ~ L~/I ~ t ~P~,_number' and any other~.~ pertinent~l~. I~A/~q ~:~'inf°rmati°n')(~t.~r/-~. signature of Applicant: Pri~lted Name: Address: Mailing Address (if different from above): Telephone Number: Date: [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* Elizabeth A. NeVille Freedom of InfOrmation, Officer Date '~ __ * If d~iayed er de~iell ~ee _rever~e ~ ~ e~tam. ,_ SECTION II. [For use by Freedom of Information Officer only.) Your request has been DENIED or ~he reason(s) check below: [ ] [ ] [ ] [ ] [ ] [ ] Confidential Disclosure Part of Investigatory Files Unwarranted Invasion of Privacy Record of which this agency i~ lethal custodian, but cannot be found Record is not'Maintained by this Agency Exempted by Statute other than the Freedom of Information Act Other (specifY): -. Your request i~ ACKNOWLEDGED, record until Reason for delay: There Will be a delay in supplying the requested SECTION III. RIGHT TO APPEAL YOU HAVE A RIGHT TO .APPEAL A DENIAL OF THIS APPLICATION IN WRITING WITHIN 30.~DAYS OF THE DENIAL, 'CON~TA'CT THE SOUTHOLD TOWN BOARD (see THE TOWN BOARD MUST RESPOND TO YOU IN/WRITING WITHIN TEN below). BUSINESS DAYS OF RECEIPT OF YOUR APPEAL. / Southold Town Board .Southold Town Hall 53095 Main Road Southold, New York 11971 Telephone: (-~:~:~) 765-1800 ELIZABETH A. NEVH.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF IHFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBUC ACCESS TO RECORO$ INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: PLANNING BOARD (Department or Officer, if known, that has the information you are request ng.) · RECORD YOU wISH TO INSPECT: (Describe the record sought. If possible, supply date, file title,/~ ( ~Yv'tax map~ L~/I ~ ~- ~'VLnumber' and any other~ pertinent._.~ F~(]'~ A ' ~'JA~ ~inf°rmati°n') ~.~-~ signature of Applicant: ~~ Printed Name: /~7 '/~ Address: Mailing Address (if different from above): Telephone Number: -~f ,~LT/~ ~C~ Date: [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* Elizabeth A. NeVille Freedom of InfOrmation, Officer * If d~layed er ~ ~ee rever~e ~ far Date 01/12 04 ~ED~.,~u~'" FAX 8~1 765 6148 $OT.'THOL[' TO~'N CLERK ~** Flannln~ [~001 OFFIC]~ OF TH~ TOWI~ ~OW~ Or SO~ APPUCATION FOR 'PU~J. JC 'ACCESS TO ~C4~P,.OS INSTRUCTIQHS: Ple~e complete SeeUon [ of thi~ ~orm and gJve'~ Tow~ Clerkte Office (agency Fr~dom of'Information Offi~erl. One m~y ~iII ~A -&~u~ te ~-o~ ~n res~flse to you.r request, or as an interim r~ponse, · ECTI~N 1, ~: PLANNING BOARD , (D~ar~ent or Office'S, if known, that has thd i~rmati~'y~ are ~ ting.]' ~ RE~ORO YOU WISH TO INSECT: (DescNbe"the ~cord aought. If possible, Supply da~, file title, ~x map number, and any other pertinent in~rmation.) Address: Mailing Address (,if different from a~ove)*. [ ] F~m of Inferm&t~,'Oflt=er Dal~: t~, ...... ~ -, ,~ RECEIVED [ ] OENIICD· DEC 1 ,-'-',/, Soothold Town Clerk