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1000-90.-4-18
THIS LOT LIOCHANGE BETWEEN — AND IS LOCATED ON IN . SCTM# 1000- LOT LINE CHANGE Complete application received 3 — 31 y� Application reviewed at work session -9 'Nro` FO 7K 'MO L OK iNro. Applicant advised of necessary revisions uo•� Revised submission received Nro. OK uo� 0K INFO. Len Agency Coordination -ripe QRA determination ent to County Planning Commission "ro' ua� GK inro. Zeview of SCPC re ort T, Ed,4KF4(IMOA SEE Z �j rib Q2E/� /f0Q�0 T�LoTs d '/ uo•t Draft Covenants and Restrictions received Nro. oK Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received .s,Cr H,619911yt Final Public Hearing Approval of Lot Line -with conditions Endorsement of Lot Line ms 1/1/90 p � it 6L > '71 g 93 �3 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .. .. . . . . .. . . .. .. . . .. .. . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . .. .... .. .. . . .. . . .. . . .. .. .. .... ... . . .. ... . . . . . . . . .. . . . . .. . . . . .. . . .. . . .. .. .. . .. . . .. . . . . . .. . . . . . 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: ^^ g6 II 4 1 Liber . . . ��0 .t✓ . . . . . .. . . . . . Page . . . . . . .. .`. . . . . . . . . . . . . On .L�'I.(:-IRD. . .. . . . . . . . . 1 4 Liber . .. (V Page . .1. . . . . . . . . . . . . . . On 1.: .4-1 �. /.© .. . . .. . . . . : � � l3 Liber . . . . . . . . . . . . . Page . 5 .,! . . . . . . . . . .. .. . On .ldi2o ' 1 .. . . . . . . . . ; Liber . . . . . .. . . . . . . . . . . . . . . . . . Page . . . .. . . . . . . . . . . . . . . . . . On . . . . . . . . . . . . . .. . . . . . . . . ; Liber . . . . . .. . . .. . . . . . . .... .. . Page . . . . . . . . . . . . . . . . . . . . . . On . . . . . .. . . . . . . .. . . . . .. . . ; as devised under the Last Will and Testament of . .. . . . . .. . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . oras distributee . . . .. .. . . .. . . . . . . .... .. .. . . . . . . . . . . . . . . .. .. .. . . .. . . .. .. . . . . .. . . ... . . . .. . . .. . . .. .. . . .. . . . . . . ......... . . ......... . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . 5. The area of the land is . .. . . . . /' Z.�. . .. . acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 7. The land is encumbered by . . . . . .#.0. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 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 b . .. .. . . .. . . .. . address . . . . . ... . .. . . . .. . . . . . . . . MAR g j (c) Mortgage recorded in Liber . . . . . . . . . . . . . . Page . . . . . . . . . . . .. . . . in original amount Of . .. . . . . . . . . . . . unpaid amount $. . . . . . . . . . . .. . . . . . . . . . held b . .. .. . . .. . . .. . . . . . . . . . address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . S. There are no other encumbrances or liens against the land except . . . . . .. .. .. .. . . .. .... .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ... . . . . .. . . .. .. . . . . .. . . . . . . . ... . . . . . 9, The land lies in the following zoning use districts . .. . . . . . . .. .. . . .. . . . . . . .. .. . . . . .. . . . . . . . .. . . .... .. .. .. . . .. . . . . . . .. . . . . .. . . .. . . . . . . . . . . . . .. . . . . .. . . .. .. . . ....... . . . . ....... . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept . . . .. . . .. . . . . .. ... . .. . . . . . . .. .. . . . .. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . .. . .. . . . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (do`es not) lie in a Water District or Water Supply District. Name of Dis• trict, if within a District, is . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Water mains will be laid by . . . . . .0.4 . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. /oa . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . lines. • . • • • • • • •• • . . . . . . . . . . . and (a) (no) charge will be made for installing said 15. Gas mains will be installed by . .. . . .HIA', and (a) (no) charge will be made for installing said mains. 16. If streets shown oil the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "LB" 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. 13. 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 will, 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 showing all restrictions, covenants, etc. Annex Schedule "D" 22. The applicant estimates that the cost of grading and required public improvements will be $• . . .. . . . . . 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 "FL". DATE . . . . . . . . . . . .. .. . .. . . . . . . . . . . .. 191. ,Cy �� ! �JNG�,/. . . �(� �/G�. . . (Nam of Applicant) r/j/1l//�, O B .. .. .. . (Signat and T' e) .(.9. . . a''Q.�f'. .5 Addr s STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. ss: at On the . . . .. . . . ?Y� --)It. . . day., of. . . .. . . . . . . .. .. . . . .�.. . . . . . , , , , 19. �S. ., before me personally came S f, ,S.kr,�,b`� ke.( f e(d. . . • . , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .Y. . . , executed the same. CAROL PERLA /J NOTARY PUBLIC,3[ata of Now Yak C,a-it 0-", 0 .._,_ No.01PE5025819 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Cmmissm Expires AprH a,1910 .Votary Public STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . ss: On the . . . . . . . . . .. . . .. . day . . . . . . . .. . . . of . . . . . . . . . . . . . .1 19. . . . . ., before me personally came . • . • . . . . . . . . . . . . . to me known, who being by me duly sworn did de- pose and say that . . . . . . . .. .. . resides at No. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . . . . . . . . . . . . . . . . . . . . . . . . . . is the of . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . .. . . . . . . . ..... . the corporation described in and which executed the foregoing instrument; that . .. . . . . . . . . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that . . . . . . . . . . . . signed . . . . . . . . . . . . . . name thereto by like order. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. ... Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 Re: Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral 'Eo the Suffolk County Planning Ccmmission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No ne.a roads are proposed and no changes .,;ill be made in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. You s trul r PLA�N'NING—, B* D TOpw'Y O -i'SOU HOLD SGFFOL 7`71 TY Southold, N.Y. 11971 (516) 765.1933 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORDIS TO THE PLANNING BOARD Please complete, sign and return to the Office of the -Planning Board with your completed applications forms. If your answer to any of the following questions is ves , please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses define by the Town Code, Chapter 97 , for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes No 4. Are there any other applications pending concerning this property before any other department or agency? (Town ,_ State, County, etc. ) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6 . Was this property the subject of any prior, application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if yes please submit a copy Of same Yes No I certify that the abov stome nts are true and a,ill be relied on th 1 nni g and in considering this a plication. (Klgnakkre ofoperty owner o horizod gent date Attachment to questionnaire for:. the Planning Board STATE OF NEN YORK, COUNTY OF SUFFOLK, ss: On theLdayof 0C i 19qy, before me personally came_C414clPS t 5k-e16 olY (4Ij to me known to be the individual described in and who executed the foregoing instrum and acknowledged that `dlel/ executed the same. CAROL PERIA NOTARY PUBLIC.LS�State Notary Public C,nmwon Expires April 4,19 4 ,. • 1416.4(2187)—Text 12 PROJECT I.D. NUMBER 617.21 SEAR 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 sponsor) 1. APP IC NT/ ONSOR 2. PROJECT NAME n � t ,r7 3. PROJECT LOCATIO // Munlclpality 90 Y( County O 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks, etc.,or prov map) 0(Lc(ta(LA C,19N6 5. IS PROPOSED ACTION: �-�(/ C1 Nev, El Expansion Li Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: God Grp o���� 7. AMOUNT OF ND /FFECT ,( Initially O Ni .t ayrileg Ultimately 8. WIILLL/PRppOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? LYYes ❑No If No, describe briefly 9. WHAT! IESENT LAND USE IN VICINITY OF PROJECT? esideltlal ❑Industrial ❑Commercial ❑Agriculture ❑ParklForestlOpen space ❑Other Describe: 10. DOES ACTON INVOLVE A PEjMMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL) ❑Yes o If yes, list agency(s)and permit/approvals 11. DOES ANY ASPEgr6F THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No I CERTIFY THAT E,INF RMATION PROW yED ABOVE IS TRUE TO T ,BEST /y\p/F MY KNOWLEDGE q/� Applicant/spons e: (///', //e _4 Y/1 i p l�` "x V Date: � clt Signature: C 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 PART 11—ENVIRONMENTAL ASSESNENT • (To be completed by Agency) , A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FL_L EAF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negati.n declaration may be superseded by another involved agency. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, it legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic,or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Veget;.tion or fauna, fish, shellfish or wildlife species,significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change In use or intensity of use of land or other natural resources? :Xpialn briefly. C5. Growth, subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative,or other effects not identified in Cl-CS?Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE,OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes, explain briefly PART 111—DETERMINATION OF SIGNIFICANCE (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) t.uration; (d) irreversibility;(e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. -nsure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately adc-essed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF 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 i npacts AND provide on attachments as necessary, the reasons supporting this determination: Name o Lead Agency -- Print or Type Name of Responsihle Oi(icer in Lead Agency Title of Res ponsible O icer Brent romresponse e o ice. Signature or Reon spsible Of icer in Lea Agency Signature o Prepare,(I i Date 2 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22815 Date DECEMBER 28, 1993 THIS CERTIFIES that the building NEW DWELLING Location of Property 1120 ORCHARD LANE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 90 Block 4 Lot 19 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 26, 1991 pursuant to which Building Permit No. 20304-Z dated NOVEMBER 29, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED DECKS & SWIMMING POOL AS APPLIED FOR. The certificate is issued to CHARLES & SHELBY BLEIFELD (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 91-SO-10-OCT. 13, 1993 UNDERWRITERS CERTIFICATE NO. N-295081-11/8/93-N-292117-10/12/93 & H-037984 11/8/93 PLUMBERS CERTIFICATION DATED DEC. 7, 1993- SURE PLUMBING & HEATING / Building Inspector Rev. 1/81 JUDITH T.TERRY,TOWN CLERK RECEIPT 54382 Town of Southold SoutholdNew York a Q 19_ Phone::516-765-1801801 � DATE z- -�---� aza �✓ ECEIVED OF: — > � FOR: 0 CASH BY: . gIECK ✓�j / `� r� PLANNING BOARD MEMBERS Richard G. Ward, Chairman y _ Town Hall, 53095 Main Road George Ritchie Latham,Jr. ) P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald � yO( a� , Fax (516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 5, 1995 Charles J. Bleifeld St. Johns Medical Office Building 48 Route 25A, Suite 106 Smithtown, NY 11787 RE: Proposed Lot Line Change for Charles & Shelby Bleifeld SCTM# 1000-90-4-18, 19, & 20 Dear Dr. Bleifeld, The Planning Board has reviewed your application for a Lot Line Change. The following additions/changes must be made 1 . Long Environmental Assessment Form (LEAF enclosed). This is a Type 1 SEQRA action as the lot is on Sandpiper Basin and Cedar Beach Harbor. 2. A notice of disapproval from the Building Department and a variance from the Zoning Board of Appeals must be obtained. If you have any questions, or require further information, please contact this office. ince el �/ � be Kassner Site Plan Reviewer Encl: NORTH SHORE 16 ORTHOPEDIC SURGERY and Sports Medicine, PC Sanford C Sdreman.MD, FAAOS,FACS Charles I.BlelfeId,MD,FAAOS, FACS Gerald S.Wert l ieb.MD,-MOS. FACS Kevin G.Vesey MD_FP.AOS Richard A.Weiss,MD 9 Regal Ct. St. James, NY 11780 March 23, 1995 Robert G. Kassner Planning Board, Town of Southold JAAVXC� Town Hall n Main Road Southold, NY 11971 Dear Mr. Kassner: We would like the planning board to approve the lot line change indicated on the enclosed survey. We recently abandoned the last one hundred feet of Orchard Lane, which was surrounded on three sides by our property. Our home is on Lots 42 and 43, and the driveway is essentially where Orchard Lane is indicated on the survey. The proposed change would take this into account while leaving access to Lot 43. The tax numbers for the Lots involved are 1000-90-04-18,19&20. Thank you for your consideration. Sincerely yo r Charle J. Bleifeld, D A Shelby S. Bleifeld CAROL PERLA NOTARY PUBLIC,Steve of Naw York No.O1 PESOM19 ,.... ,� Commission Expires April a,rsgG MAR 31 St. john's Medical office Building, 48 Route 25A, Suite 106, Smithtown. NY 11787 Tel 15161 862-3660 Fax. 1516) 862-3668 /4fs Submission Without A Cover Letter Date: 3I Ilo 0 s, Sender: Charles 91? i fieij - -7( 5- 40!s Subject: lot line GhanoAL SCTM#: 1000- 90-4- 18, I`1 t 20 Comments: -7! jil� ,I r MAR 1 6 1995 I ' a r LtU MS 35 �j�TT��A CERTIFICATE OF ABANDONMENT FE 3 s' 1995' 64-),A?=30 o0lok (Pursuant to Subdivision 3 of EDW,'411)P.RCIVAIv'E Section 335 of Real Property Law) MW CHARLES J. BLEIFELD, residing at 9 Regal Court, St. James, New York 11780 and SHELBY S. BLEIFELD a/k/a SHELBY BLEIFELD, residing at 9 Regal Court, St. James, New York 11780 for the purpose of abandoning and canceling a certain portion of a certain tract of land owned by them, to wit the part of a certain road or right of way known as Orchard Lane, which Orchard Lane to be abandoned is an easement or right of way into their property and is completely surrounded thereby excepting the remaining area of the width of the roadway which shall remain. 1. That a certain map subdividing such tract of land and other land situate in the Town of Southold, Suffolk County, New York, into lots, plots, blocks or sites, entitled and named as "Map �,. of Cedar Beach Park" , was filed in the Suffolk County Clerk's rLmn Ln fice on December 20, 1927, as Map No. 90, o o m 2 . That more than twenty years have elapsed since the filing �z �9 06 said map. co e� 3. That the tract of land owned by the undersigned, the rtion of the subdivision of which is to be abandoned and canceled to wit: the roadway or right of way known as Orchard Lane which area is entirely within the bounds of Charles J. Bleifeld and Shelby S. Bleifeld's property and come to a dead end within such bounds and as such is not a public highway, not used by the public, nor necessary for the use of owners, occupants or other persons having an interest in any part of subdivision, is situate in the Town of Southold, Suffolk, New York, has an area of less than one- 1267 0 # ABS. No, BLED FEB 011995 half acre and is bounded and described in "SCHEDULE A" annexed hereto and made a part hereof. 4 . That the said Charles J. Bleifeld and Shelby S. Bleifeld a/k/a Shelby Bleifeld, the owners of the said land described in Paragraph 113" hereof, to wit the portion of the roadway known as Orchard Lane, bounded and described in Schedule "A" is hereby abandoned and canceled and effective with the due approval and recording hereof, shall no longer exist. 5 . Endorsed hereon is the approval of the Assessor of said Town of Southold. 6. Submitted herewith is an abstract of title to the property described in "Schedule A" to be abandoned, covering a period of at least twenty (20) years last past, and a report of a company' le insurancep Y to the effect that there tax search by a tit are no unpaid tax liens against the said lands, to be approved by the Clerk of Suffolk County at the time of recording hereof. IN WITNESS WHEREOF, this certificate is made and executed at New York this /Y day of , 1994 CHARLE J. BLEIFE SHELBYrS. LEIFELD FEB 1 01995 Ij? E STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the M' day o£/°`l 1994, before me personally came CHARLES J. BLEIFELD to me known, who being by me duly sworn, did depose and say that he resides at 9 Regal Court, St. James, New York 11780 that he is the person(s) described in and who executed the foregoing instrument and he duly acknowledged that he executed the same. Not_ ` - ublic i STANLEY J.SOMER Notary Public,State of New York STATE OF NEW YORK No.6246563/0,Suffolk Cou , ss: Omraniedon Expires April 27,1 MM��LJ COUNTY OF SUFFOLK) On the l' day of �j ' 1994, before me personally came SHELBY S. BLEIFELD to me kn n, ho being by me duly sworn, did depose and say that she resides at 9 Regal Court, St. James, New York 11780 that she is the person(s) described in and who executed the foregoing instrument and he duly acknowledged that he executed the same. Notgry Public STANLEY J.SOMER NofM Pobtb,Stets of New York No. 10,Suffolk Counter 62.4895 3iss1m Expires April 27,19$9 • PECONIC SURVEYORS, P,o P.O. Box 909 54655 Main Road Southold, N.Y. 11971 516-765-5020 FAX 516-765-1797 John T.Metzger.L.S. ALL that certain plot , piece or parcel of land with the buildings and improvements thereon situate lying and being at Bayview, Town of Southold County of Suffolk and State of New York, known and designated as Lot numbers 41 & 42 and a portion of Orchard Lane as shown on a certain Map entitled "Subdivision Map of Cedar Beach Park" filed in the office of the Suffolk County Clerk on December 20, 1927 as Map Number 90, more particularly bounded and described as follows : BEGINNING at a point formed by the intersection of the northwesterly line of Lot 43 of aforementioned filed map and the westerly line of Orchard Lane said point and place of beginning being the following four courses and distances from the intersection formed by the easterly line of Cedar Point Drive with the northerly line of a 50 ' right of way; THENCE 1 ) South 66 degrees 52 minutes 20 seconds East along the northerly line of said 50 ' right of way a distance of 724 . 52 feet to a point and the westerly line of Orchard Lane; .THENCE 2) South 22 degrees 07 minutes 40 seconds West along the westerly line of Orchard Lane a distance of 28 . 77 feet to a point and the beginning of a curve to the left ; THENCE 3) along said curve to the left having a radius of 114 . 57 feet a distance of 71 . 99 feet to a point ; THENCE 4 ) South 13 degrees 52 minutes 20 seconds East a distance of 203. 95 feet to the point and place of BEGINNING. x RUNNING THENCE from said point and place of beginning across Orchard Lane North 76 degrees 07 minutes 40 seconds East a distance of 30.00 feet to a point and the southerly line of Lot 40 of aforementioned filed map; THENCE South 62 degrees 07 minutes 20 seconds East along the southerly line of Lot 40 of aforementioned filed map a distance of 184 .81 feet to a point and the mean high water mark of Cedar Beach Harbor; THENCE along tie lines and the mean high water mark of Cedar Beach Harbor the following four courses and distances : 1 ) South 04 degrees 25 minutes 00 seconds West a distance of 92 . 09 feet to a point ; 2) South 38 degrees 15 minutes 00 seconds West a distance of 44 . 23 feet to a point ; 3) South 65 degrees 15 minutes 00 seconds West a distance of 77 .00 feet to a point ; 4) South 77 degrees 15 minutes 00 seconds West a distance of 77 .45 feet to a point and the westerly line of Lot 42 of aforementioned filed map; THENCE along the westerly line of Lot 42 of aforementioned filed map North 04 degrees 08 minutes 18 seconds East a distance of 158. 44 feet to a point and the terminus of the westerly line of Orchard Lane; THENCE along the westerly line of Orchard Lane North 13 degrees 52 minutes 20 seconds West a distance of 100.00 feet to the point and place of BEGINNING. APPROVAL BY ASSESSOR FOR THE ABANDONMENT OF MAPPED PROPERTY WITHIN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK, STATE OF NEW YORK I, SCOTT RUSSELL, the Chairman Assessor of the Town of Southold, County of Suffolk, State of New York, have examined and reviewed the Certificate of Abandonment attached herewith, and According to my best information and belief, the street, roadways or land known as Orchard Lane, shown within that portion of the filed map to be abandoned is neither open nor public highways nor used by the public nor necessary for the use of the owners, occupants, or any other persons having an interest in any part of the subdivision, and that the petitioner, also to my best information and belief, has met all requirements of the laws governing the abandonment of lots, if any, on said filed map. THEREFORE, I, the undersigned, Sole Assessor of the Town of Southold, County of Suffolk, State of New York, do hereby consent and approve the attached Certificate of Abandonment, which is to be promptly filed in the office of the Suffolk County Clerk, at Smithtown, Suffolk County, New York. Signed this day of 7/-A/ , 1994, at "5k3Ao*JN/ , TowD. of Southold, New York. Swo(ri 6eG(-,e mewl lS SCOTT RUSSELL, Chairman Assessor c3IS f ckt/ v7 �4( I ((9 (4 Town of Southold C�a.uul � 1 CLAIRE L.GLEW Notery Public.State of New York No.4879505 Qualified in Suffolk County comnil elon EVires December S.19 • SHOWN HERE f NOT ANY AL mu rm aMrm ro 7W 5WVEY 15 A MLA MY W SE'CrM 7209 CF T1E'AE1 YQAX STATE EDW 7XW UW EXCEPT AS P'R SECIXW 7209-gaW M E ALL CDI rWKA AMP AAV MES nMW ME Y F SAD MP 04 VALD FORCa:WS BES 1W MWM SEAL CF 71E SL*WY rfA7SE'S"nW APPEARS M EM A BEUSEDY BY�AM ALL S4PVf =UTUM A TH sw LAN ME 7EMW "AL�B T Q� ]9RO ff-r0� Mw Of AAVTMW � N(.WERACE'WN LMAP TEW SAW AS MCAI MD MAP OF 96/ 0/ - .� PROPERTY `goy AT BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. N Z 1000 - 90 - 04 - 19&20 Scale : 1" = 40' N^ p Dec. 9, 1994 2' g M �N J76•p7,40•E. N^ 30^p0 1 s.' s2. iw o °'�,e°, L O T(40 b Z o F O Q o o J m Si c N M 6j �l H to Z 76'or40' . L O T 41 5. \ O 30,00 Lor NLaww?s ARE REFERENCED ro I )A4P OF CEDAR BEACH PARK'FLED 4v cp 7W OFF/CE OF TFL'SWFOLK COUVTY CLERK ON DECEMBER 20,1927 AS MAP h N0. 90 3 O IV LOT 43 y i L,�T 42 0• / W yye aa�' 2 6515 00 / G �P 77.45 R r.a\9 5.77.15'00•= D P R 00 NPR N { LIC. NO. 496/8 PECO C2: 5/ S 15/61 P.C. 7 �' P P. O. BO MAIN ROAD SOUTHOLD, N.Y. /1971 Total Area = 3,3561 sq. ft. To Tie Lines 90-253 Zk) . �1��4, g6(03el Uzi �jliacee� 41 �"�oWJ- 08/09: 9: 19: 51 $ 51E 265 87:1 CHEHHH E'LE] FELP, r . Jl OMNI ABSTRACI' CORP. 475 SUNRISE HIGHWAY, WEST BABYLON, NEW YORK 11704.6017 (516) 6692273 . (800) 287-OMIT . TEIECOPIER: (516) 669. 2577 at August 6, 1993 Stanley Somer, Esq. 2171 Jericho Turnpike Commack, New York 11726 Re: Property of Charles & Shelby Bleifeld lots 41, 42 & 43 on Map of Cedar Beach Park, Map #90 Dear Stan: On 7/5/93 we reported our finding with respect to the streets adjotlin lots 41, 42 & 43 above captioned. On the basis thereof the owner of lots 42 & 43 on the filed map owns both sides of the road to the center line thereof. In addition the owner of the filed map lot 42 which is at tho and of the block owns to the center line of said street adjoining lots 41 & 43. Under the Real Property law the owner of Bots 41, 42 & 43 can abandon the street to the exclusion of all others. No insurance is to issue based on the basis of this examination. Very truly yours, OMNI ABSTRACT CORP. By; Donald Weinreb OW;pl — cc: Dr. Bleifeld 1 i _ate 68/09:93 14 51 S 51i 265 'e731 SCHEHI7N RLEIFELD P. 62 '46066 1 OMNI ABSTRACT' CORY. MS 475 SUNRISE HIGHWAY, WEST 6A8YLON, NEW YORK 11704.6017 (916) 6692273 . (800) 287-OMIT . TELECOPIER; (516) 669. 2577 August 6, 1993 Stanley Somer, Esq. 2171 Jericho Turnpike Commack, New York 11726 Re: Property of Charles & Shelby Bleifeld lots 41, 42 & 43 on Map of Cedar Beach Park, Map 790 Dear Stan: On 7/5/93 we reported our finding with respoct to the streets ad,loinin9 lots 41, 42 & 43 above captioned. On tfie basis thereof the owner of lots 42 & 43 on the filed map owns both sides of the road to the center line thereof. In addition the owner of the filed map lot 42 which is at the end of the block owns to the center line of said street adjoining lots 41 & 43. Under the Real property taw the owner of hots 41, 42 & 43 can abandon the street to the exclusion of all others. No insurance is to issue based on the basis of this examination. Very truly yours, OMNI ABSTRACT CORP. By; Donald Weinreb DW:pl cc: Dr. Bleifeld AUG 1 01993 OMNI ABSTRACT/W . W&W Esgs4 L : 516-669-2577 J* 6 .93 10 :38 No .009 P .02 SugA�- ""' Omni Abstract, Corporation (516) 669-2273 P.O. Box 1579 475 Sunrise Highway, West Babylon, NY 11704 (800) 287-OMIT OMITT Policy Writing Agent For (516) 669-2577 (fax) Fidelity National Title Insurance Company of Pennsylvania July 6, 1993 Stanley Somer, Esq. 2171 Jericho Turnpike Commack, New York 11725 Dear Stan: At your special instance and request we have examined lots numbered 41, 42 & 43 on map of property known and designated on that certain map entitled, "Sub-division Map of Cedar Beach Park" filed in the Suffolk County Clerk's Office on December 20, 1927 as Map No. 90. M The street adjoining the said premises described on ap s known and designated as ORCHARD LANE. We find the title to ORCHARD LANE to the center line thereof and with respect to lots hereinafter set forth to be vested as follows: With respect to filed map IRMO we find his wife by dee a e recorded 2/9/90 in liber 11015 cp IST. D, With r",,J2 J1 ej maj =we fin wife by deed dated 1/4/90 recorded 2/9/90 in liber 11015 cp 337. Wi ct to filed map f recorded 10/20/92 in liber 11557 cp 565. Y deed dated 10 2 The title to the said streets on the filed map were not reserved by the developer for dedication, ioQQ �, h,k ves>lcd LVTI� �. rc anco»tbr„rss , a 0NNI ABSTRACT/W . W&W Esqs TE : 516-669-2577 Jul 6 . 93 10 :38 No .009 P .O3 Page 2 No insurance is to issue based on this examination. We trust the information provided for herein serves the purposes intended. Our search date is 7/2/93. Very truly ours,. OMN 'I ST CT CORP. w By: Donald Weinreb DW:Pl GraY'Btone Bulkfer8 Inc. 300 East Main &.Amithtown, NY 11787 (516) 360-1428 5u8F1 L(---- 18 February, 1993 WD Richard G. Ward, Chairman Southold Town Planning Board y o _ y _ 19' 9 Zo 53095 Main Road Southold, New York 11971 Dear Mr. Ward: I am building a house for Mr. &Mrs. C. Bleifeld on the Map of Cedar Beach Park[Map enclosed]. They own lots 40, 41, and 42. They would like to abandon the portion of Orchard Lane that fronts on their lots.[Please see shaded area of enclosed survey.] I would like to proceed with this abandonment as soon as possible. Can you advise us about the necessary procedure for your Town? gSi ely, ��++ U. onald A. Gray 5I3I43 Ctsk<cl "Tlwn. -fU Snow ownPn.sw.p rw,d1 �.+;+� sen.r r� Ilu 1 I `yt � r mu �._ 41. / -?a7 i'S bl foo x 3 � AL,-le r .ne �0 0 7le T I I'I .� I LROO) 0 i J • r � t� I O p � O S opoHr• _ � _ .I E D Y 1 = i � 'oma � • o�� �• A i i' � � $ � O �:d J oc - t ' -� s ♦ / r - 1 t I 1 � f gy9Y 8 - tt - �ub ' 3• : � fob _ z _ ' FEQ�v s I ' i k Y a Mivbn _ 2 e�.K i i i r W i • � ._ L., u 3 _ _ S I 3 � X69 ... I Iri Y OJ rc3 f � S Fa= :i -;acsax�a TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 5 VILLAGE DIST. B. LOT 3 FORME ON R N E AGR. C Z i a i '� 1 f illi / S ! W TYPE OF BUILDING RES. SEAS. VL. ; FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS o O 0 0 . � �� / � O Y " /o -Cum e,ll 50 000 poa a- I_ tSS 5 5 -� pier" Jn 31e"-fe1d -41�, 000 Tillable FRONTAGE ON WATER /sjj 5 s 7rj 6) Woodland `e` a f;' FRONTAGE ON ROAD Meadmiand:�n '75 0 DEPTH BULKHEAD House PlotTO�y Total n v�o2 Ca - TOWN. OF SOUTHOLD PROPERTY RD ARS _ OWNER STREET VILLAGE DISTRICT SUB. LOTS : 2:50, 100, yocicl FORMER OWNER ' N v E ACREAGE I 04,71c S W TYPE OF BUI �[NG $ Cm b ^Q RES. +� SEAS. VL. FARM COMM. I IND. I CB. I MIS Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS c- 52 6 e 1 L-7060 /7 3T5 � • {�TO(o0 3"T9- - P h _ �. /J c• ,•- a � / i 1,7 L,7TO C,0 3 zL 2 Par s ? 3 9zrG ! (P 7 , 1 0� �o i r -*7r,700 ado �o 0 3/.t 7/7,Z i b qo - LI IS 33 -S '+ ' Ye e. etc) - J a'ro s AGE j B ILD S CONDIT Nyp' it d9 9/ -BG ao3o�- cor)S c2"e-bram, dc.�L w l� w�n75, �! - - � i� /art-i�c �—�On COD D Z 2,3 FRONTAGE ON WATER /, — �j FRONTAGE ON ROA 93. y Sono /x.100-„- 3 X13 - - \3, 9= _ 1-77 cm Z 2-4 309 5.2 53 Tillable 2 DOCK l00 \-at:-_ - tZODgo } t✓ Tillable 3 f`i , Avera e _ Woodland ' Swampland Brushland House Plot Total ••{{ iY ■■■■■■■■■■■■■■ G`i■■1■a■■■N■■N ■■■■■■■■■■w!�l■■IQNI�'I■■■ NN■■ - --�' ■■N■■■��■■■■■■■moi■N■■■■■■■■ ■■■�■■■■■�■■R�■■■■■]INN■■■■■ mw 11 Aw NO ONE ,11MME Ext. Walls_ Fire Place I ®� • ' •• '•• •• -® . m _ e APPRI)VAL BY ASSESSOR FOR THE ABANDONJlENT OF 1LAPPls'D PROPERTY WITHIN THE TOWN OF SOUT$OI.D COUNTY OF SUFFOLK, STATE OF NEW.YORK SCOTT 13USSELL,... the Chairman Assessor of: Southold the Town ,of r County.. State of New York reviewed. the Certificate of r have examined and Abandonment attached. herewith, and according to my,.best information and belief, the street, roadways or land known as Orchard Lane.. shown within that portion of the filed map to be ,abandoned is neither open nor used by the Public highways nor puk>lic nor necessary for the - use of the owners, occupants, or any.other persons having an interest in any Part of the subdivision,. and that the petitioner, also to my best information and belief, has met all re :u governin the 4uireenta of the laws 9 abandonment of lots, if any, on said filed map, Z'EEREFORE, It the undersigned, Sole Southold CountAssessor of the Town of y of :Suffolk, State of New York, do .hereby consent and approve the attached Certificate Of Abandonment, wh promptly filed in ich is to be : the Office of the Suffolk SmithtCounty Clerk, at ownr Suffolk County, New York, Signed' this day of of Southold,. . New Y2994, at. S)Vikjo V ork: / S(.UOIn 60� Vre mew a I S e (S SCOTT RUSS ef Town of Southolda= Man Assessor CLAIRE L GLEW NourY Pub9a State of New York NO.4879506 QuOuPad in Suffdk County COOM1Ieeif7fl C-�Mso December 9.19 - 1 I FILED 12.67 FEB 7 1995 CA)a:30Prk ClEZEpytA{{p P.ROMAINE r SUFFOLK COUNTY CERTIFICATE FOR MAP ABANDONMENT OMNI ABSTRACT CORP., an agent of Fidelity National Title certifies to the Town of Southold Insurance Company of New York, hereby and the County of Suffolk that it has searched title to premises hereto annexed marked Schedule A, and finds title to same,vested in: SHELBY S. BLEIFELD, a/k/a SHELBY BLEIFELD AND CHARLES J. BLEIFELD which property is about to be ABANDONED in the Office of the Clerk of the County of Suffolk. That such search has been conducted for a period of twenty (20) years prior to date hereof. �. THAT title to the premises described in Schedule A annexed is subject to the MORTGAGES, TAXES and ASSESSMENTS, if any. This CERTIFICATE is made and accepted with the understanding that the Company's liability hereunder is limited to such interests in fee or easement as may be acquired by the County or its subdivisions for street purposes and for any unpaid taxes and assessments during the period covered above and in no event is the liability to exceed the sum of ONE THOUSAND ($1,000.00) DOLLARS. OMNI ABSTRACT CORP. Dated: C*tQ4"-44,-4W By:� ml p CeD �R Q2�c� P(�CRK Vi inia Wiegan 35 9 8 CTF No. FILED FEB 011995 loon TOWN OF SOUTHOLD PROPERTY RECORD CARD 1 d OWVILLAGE DIST. SUB. LOT NER TREET AC ��.+ � . D � FORMER OWNER �-• � G '�� N � E !i nn ' W TYPE OF BUILDING k'�90-9-19 tES. SEA VL. � FARM r COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 7Lb wile 4�C O v n o 0 3/17 72- 170c� .% " Z d �O 7 - LIo 05 rim be �`Fal 'e - 1 oov -700 10 - 13)eg- —%ng6 a o DO 6-u FRONTAGE ON WATER Woodlond� FRONTAGE ON ROAD Z DEPTH + ii House Plot 0o (o BULKHEAD ;� .,Total ANY C77ON 7709 OR ADDITION TO K SS SURVEY IS A VIOLA7, OF SECflON 7209 OF 714E HEW Y041(STATE EDUCATION UW, EXCEPT AS PER SECTION 7209-MAUV/SM 2. ALL CERTIFICATIONS I NMQN ARE VALD FOR TMT MAP AM7 CO°LFS 7NMOF OAL Y AF S awww ! ,A" MAP DR COPES BEAR nE"PRESSED SEAL OF TIE SURVEYOR I t/ ONOSE S"TLRE APPEARS IEREOAL 'AL BY' _ —N— ADD/T)ONALLY TO COIPLY WIN SAD LAW 7TERM of US ( O Q MT BE USED BY ANY AAD ALL SLO4VEYORS UTLRWG A COPY OF ANOThFR &OVEYOVrS MAP. TERMS SUCH AS NVECTED'MD BROU9MT-TOOA7E'ARE NOT W cOOPLIANCE WITH 7IE UW. 1 k 61s sss?z0. / � j CE e. o-° SO'R'9h� >2g /ry"rye KEY MAP of bJi sz - \ 6y H✓ ��� rao ae ioo- 9oe Scale I" = 500' ZONING DISTRICT R40 N AREA LOT 41& LOT 42& O part of Orchard Lane (abandoned r ,E OWNERS = 32,061 sq ft to be kws ? N 75.0, CHARLES J. BLEIFELD ll�� w� W 1T% E• SHELBY BLEIFELD AREA L�DT 43&part of A o �� N. 5�p 40w ST. JAMES N9 REGAL .Y. 11780 1780 Orchard Lane (abandoned) 17,895 sq.ft to tie Vines sem, ❑1 = 166,620 sq.ft. to tie hmesAr", 0� � F F2 = 33,398 sq ft. to tie p7 ,E. Op lines oti z N.75' n a s ti w 15•� Qf, � d Fr •B�, Fil O � i 3 � � O O e z 5 0 aQ _ d e K a� eo O - STS 7� \,� �• Fo°. `' 9 y�� 0^ Lot 5. �. we Bio- 0' _ V oSz i E 9e (7' i A/ Z P £ Pssaed e 0•W• 0 6 ,�g�0 / �s s. G 5 5 N " e o 'o�,00. 5.77`15 00'W' '9 4 77.45 , _ G \ SURVEY FOR L0TT L/NE CHANGE FOR CHARLES BLE/FELD AT BA YVIEW TOWN OF SOUTHOLD T'ME;9 SUFFOLK COUNTY, N. Y. > ° ,rr �0 1000 - 90 - 04 - 18, 19 & 20 �x P A Scale : 1"= 40' Of 0. 49618 CONTOUR LINES ARE REFERENCED TO N.G.V.D. Mar. 13, 1995 ECONIC SU (0 (516) 765 - 5 FN LOT NUMBERS ARE REFERENCED TO MAP OF P. O. BOX 909 ' CEDAR BEACH PARK ' FLED IN THE OFFICE MAIN ROAD OF THE SUFFOLK COUNTY CLERK DEC. 20, 1927, SOUTHOLD, N.Y. 11971 FILE MASER 90. 90-253L ANY CION 209 OR PEADDITIM TO TMS BLARNEY AS A VIOLATJOIJ OF SEC TON 7209 OF TH5 AEN YQ9(STATE EDLMATION UW, I _ EXCEPT AS PER SECTION 7209-AWVWM 2. ALL CEl1TFh:ATIONS —j I / hVFON ARE VALD FOR THS AAP AAD COPES MENOF ON.Y E s awwi. WNOSE P OR COPLRF ASTHE S pE#PRESSED SEAL OF TIE SLRVEYOR � EOR ADDITADNALLY TO COMPLY WITH SAD LAW TIE TERM 'ALTERED BY' AA/ST BE USED BY ANY AAD ALL SiNVEYCRS UTLOW A COPY ,/ �I m Q OF ANOrAER S ?VEY01R5 AAP. TERMS SUCH AS 14PECTEO'AAD A WOU9NT-TO-DATE'ARE NOT IV COAPLGNCE WITN TH£LAW. � \ Q � Z Q :✓T Q co W 9 r[,_ 6652 O• \ G'Fi VJV � � . F. A. S _ ao \ O �A o.Or 2g52 ��"ti KEY MAP � � 7 Scale 500' , �n o, ZONING DISTRICT R40 N AREA LOT 41& LOT 42& O 1. past of Orchard Lame (abandoned � r OWNERS r = 32,061 sq ft to tie kwsm N 75 0?'40 E CHARLES J. BLEIFELD .i5.00E, SHELBY BLEIFELD 9 REGAL CO AREA LOT 43 &part of N 4 - �� N. 76��� 40" ST. JAMES N.Y. 780 1780 Orchard Lane (abandoned) 0 1 15. = 17,895 sq.ft to tie tines m ,.o G9 S s ❑1 = 16,620 sq.ft to tie iinese i^' o. ❑2 = 33,338 sq.ft. to tie o' f E F iI/Ms 0� Z N 7,6.0,7,4 ' �F f p ` x e i Z a -4 a d '-2 5 I o T, ,se. • o d dei� 0� �D�O 0 .00 Lot pati Q' y S3. O y. %S, 239g6.lah2 Wella t1.rio 00, �� � Z 2W•P � ,SSVP� 0� m, F9. Q °L 65.15 0 o0 0�Oo. ti S.77.15'p0wW EPG .9 4t 77.45' 8 PR C J SURVEY FOR L0TT L/NE CHANGE FOR CHARLES BLEIFELD AT BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY N. Y. 13 1000 - 90 - 04 - 18, 19 & 20 Scale : 1"= 40' Y. * . NO. 496/8 Mar. 13, 1995 A. e Q CONTOUR LINES ARE REFERENCED TO N.G.V.D. ECONIC S C. (516) 765 - LOT MASERS ARE REFERENCED TO MAP OF F. O. BOX 909 ' CEDAR BEACH PARK ' FILED IN THE OFFICE MAIN ROAD OF THE SUFFOLK COUNTY CLERK DEC. 20, 1927, SOUTHOLD, N.Y. 11971 FILE MASER 90. 90-253L MEAJf ss� o �� 0 / \ j h�am a^ 0 opt mD ' .�N Q �N • p' S � m s 2 a ti�ryo tt� ' 0•F � AREA- 1078 acres to tie lines Ale 1.4 a q V„ Lp L6 bp� p I 0 ^J ev mus`, is p by N y pool � T SerfCP as Q 0�/ 9 �� aaY` p.,m .n9 YI• � 500/ `Z"',"ga ; W. 4. ?• - \e\ 77.45' GEpAR CERTIFIED TO, SHELBY BLEIFELD SURVEY OF L O TS 4142 & 43 MAIC "CEDAR BEACH PARK" �'JnlJj (((Illuuu�I1JJJ,'I FLED DECEbWER 20.1827 FLE NO.80 S1Q���t.MeyO9� AT BA YVIEW FEB �q ° a.r TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. `' " 1000- 90- 04 - 18, 19 & 20 c Scale: 1"- 40' zf D s .s. UC. No. a9slB Feb. 17, 1993 Prepared in accordance with the minilnwn s/ondords for h'Ite surveys as established ECONIC SU EYORS, P.C. by the L/A.L.S and approved and adopted 15161 765 - 5020 for such use by rhe New York State Lend P. O. BOX 909 Tilk Association. MAIN ROAD SOUTHOLD, N.Y. 1197/ 92-253 1 YILF� • 66\ � �� S0� 922p-F, 01 q. t o,- VOP �J I � II` A D = row TD o� _A WN SIV Q �O m W S Fg °2- ? oma, AREA= 1078 acres to tie lines d% r � AF /B4 eO {r?t�M1 go, I I I> 1 42 a �" LOT010. 94p a 0, W / 55.�5D � '.D a � `S s _ W. . GC S X7.1500• f •�• �� y. � - \o� 77.45 G 2 GEpAR CERTIFIED TO, SHELBY BLE/FELD SURVEY OF L0ITS 41�4o2, & 43 "CEDAR BEACH PARK" r FLED DECEWER 20,1927FLEN0.90 FEB U S'<PS�O1.MEr, yDtU�� f 3 1993 A T BA YVIEW .- F* TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. -- * PLAII ;rr 1000- 90- 04 - 18, 19 & 20 of Scale: 1"- 40' I1C. NO. 49618 Feb. 17, 1993 Prepared m accordwe with/he mmmnm, standards for h/b surveys as established F_6) 76NIC - EYORS, P.C. by/he LLA.L.S. and approved and adopted P. 0. 7BO - 50 9 for such use 61 The New York State Lab P. O. BOX 909 MAIN ROAD rille Association. SOUTHOLD, N.Y. 1197/ 92-253 1 Graytone Builders Inc. 300 East Main &.Amithtown, NY 11787 (516) 360-1428 18 February, 1993 l:j Richard G. Ward, Chairman Southold Town Planning Board 53095 Main Road Southold, New York 11971 Dear Mr. Ward: I am building a house for Mr. &Mrs. C. Bleifeld on the Map of Cedar Beach Park[Map enclosed]. They own lots 40, 41, and 42. They would like t [ Please see shaded area of enclosed survey. I would like to proceed with this abandonment as soon as possible. Can you advise us about the necessary procedure for your Town? gSi ely, onald A. Gray lb - 41 - 11? `IL 1e; �d rr nn 70- `[— Iq 4- as 5 . } C31e �eS�cP LD4s Crew' im S W4`c�iJ� S pry vy� 4 `J +J h -job Y.� • .yam.; - ♦ /{.�^ � •ly�' i� /�' `� +: �1 �. � \•: 4 ♦ � N r � Q` k'R •' w F .: ♦�,�� _ rad,, � ,f�_� ,. � :� ire If :.. .r #+:.., • _ J,' + 1.• �� \ f r.;y 't � ' -yJ f, rILriF L IN ix : i' I0 Nt (' •wi'r' 'a > ♦ , is - .\ H.S. Re%# 9/- SO -10 MEASUREMENTS TO SEPTIC SYSTEM FROM PILES 6 PROPERTY CORNER. S 66, O 0� 50, Q R�9br ti o Q� � may '2gs2 /I ry �Q h� 4 v rA , tz Q �N W^ O off, O AREA= 1.078 acres to tie linesA/e ^ ^ 43 { M H ? I. P P .02 m n,e ,A 1 h 1 ,/v ov p.,e N t � .� LOT �3 6le ,�• 77 0� Ile 6 '0�,Do�s�• 77,15,00' &\o S. 17.45 P GEpAR CERTIFIED TO, SHEL B Y BL EIFEL D SURVEY OF LOTS 4142, & 43 AOFAA"CEDAR BEACH PARK" D O OF NEW?, FXEDDEMW ER 241927FXENO. 90 FEB 18 � D SSP �N Y• METZC O9� AT BA YVIEW Fq TOWN OF SOUTHOLD SOLITHOLD SUFFOLK COUNTY, N. Y. �k""�' '' ` -- .. ._a 1000 - 90 - 04 - 18, 19 & 20 96�g ate, Scale: 1" = 401 \ .S. LIC. NO. 496/8 Feb. 17, 1993 Prepared h accordance Wilk the l Wnm standards /or HNe surreys as eslabhshed ECONIC SU EYORS, P.C. by the LIA.L.S and approved and adopted 15161 765 - 5020 lor such use by The New York Slate Laid P. 0. BOX 909 TINe Association. MAIN ROAD SOUTHOLD, N.Y. 11971 92-253 1 v A C1 mD� NIV W^ s O 00 0 w F 0 - 1.078 acres ti o tie lines 1 �l0 'R1Q sa55_ — � W P ♦�• IE �f q ^M1 2v" nc X ow d . 251 .� OT ".. . '/./oo w L 5� desk tl O �• O h h y /�I Q LOt + t� .�•' s 3 ;Co W V1 QO 11 O Co Lo "65 L.4ei !,s9 \ Y O. Co Z. 0' W 5•j5/ S. W / &774500 P 77. GEpAR CERTIFIED TO, SHELBY BLE/FELD CHARLES J. BLEIF. SURVEY OF L 0 TS 41242, & 43 , 334—a REAL PROPERTY LAW Art. 9 ing shares in a cooperative corporation)" the filing of maps which are printed on for"conveyed by lot, plot or block desig- mylar. nations". Subd. 5. L.1987, c. 248, § 1, eff. July Subd. 1, par. (c). L.1988, c. 512, § 1, 1, 1987, in sentence beginning "Upon eff. Aug. 1, 1988, added par. (c). each and every' inserted "that was per. 1987 Amendments. Subd. 1. L.1987, formed by or under the direction of said I - c. 741, § 1, eff. Aug. 5, 1987, added re- licensed land surveyor". quirement for waiver of the filing of a 1983 Amendment. Subd. 13. L.1983, ' map which is subdivided into not more c. 315, § I, eff. Tan. 1, 1984, substituted than four lots, etc., that the property must conform to planning, zoning regu- plots or units" for "or plots", "five lations, inserted provisions governing hundred dollars" for "one hundred dol- property capable of being divided into tars and ", plot or unit thereon subdi- more than four plots and inserted the vided;' for "or plot thereon". definition of"units". 1982 Amendment. Subd. 6-a. _ Subd. 2. L.1987, c. 286, § 2, eff. July L.1982, c. 849, § 1, eff. July 27, 1982, - 20, 1987, inserted provision permitting added Subd. 6-a. - Cross References Survey, map or plan to be filed, see section 381. Library References American Digest System Maps, plats, or plans; filing or approval as condition of conveyance, see Zoning and Planning a.-372.2., Encyclopedia Enlargement or extension of use, see C.J.S. Zoning and Land Planning § 167. Notes of Decisions Approval of subdivision plat 2 Kent Corp. v. Bear, 1971, 28 N.Y.2d 396, '- Building permit 3 322 N.Y.S.2d 235, 271 N.E.2d 218. Purpose 1 3. Building permit - Compliance with this section regular. 1. Purpose ing building permits was presumed to mak: have been within contemplation of par. Purpose of this section requiring sub- ties at date of contract, and vendors' _t dividers to file map of the property is 3 merely to make a public record of the delay in complying with section, caused map for sake of definiteness and certain- by vendors' desire to avoid filing devel- opmentty. Jack Homes, Inc. v. Baldwin, 1963, map, was natural and direct - 39 Mise.2d 693, 241 N.Y.S.2d 487. cause eight-month rental loss for pur- chaser,, allowing purchaser to recover 2. Approval of subdivision plat such loss. C. &C. Blaschka Inc.v. Fraz- er, 1969, 32 A.D.2d 774, 302 N.Y.S.2d Nassau County planning commission 443, affirmed 30 N.Y.2d 645, 331 N.Y.S. - in exercising its authority to grant or 2d 669, 282 N.E.2d 623. deny approval of subdivision may con- This section imposing duty of filing sider impact of proposed development map on subdividers did not require own. — on adjacent territory and property with- ers and contract vendee of fewer than in its jurisdiction, even though portions five lots to file subdivision map as pre- of county charter and this section are requisite to obtaining building permit. addressed to approval or disapproval in- Jack Homes, Inc. v. Baldwin, 1963, 39 ternal to su'jdivision itself. Pearson Misc.2d 693, 241 N.Y.S.2d 487. § 335. Filing of maps and abandonment of subdivisions in Suffolk county; penalty for nonfiling 1. It shall be the duty of every person or corporation, excepting ` church cemetery organizations, attached to a religious parish within 522 ANY AL M 7209 OR 7C AI.M/TO S BLARNEY ASA VlOLA7XAN OF SECIXW TY09 O� lAE HIEN YORK STA IE EDUCATION UN, I EXCEPT AS PER SEC7XAN 7209-SLOWVI ON E ALL CERfl�ICAT/ONS AWWOV ARE VALD FOR TMS EMP AAO CCMES 71 ERE'OF CAL Y P I / 9M APP RS 1E7PE SEAL OF TIE SI.RVEYOR WOW —N— AWM NMLLY TO COPLY WIW SAD UN TAE TERM ALTERED Or / AWr SE USED A ANY AAO ALL SURVEYORS UTLOW A COPY m OFANOTW"VEYORS MIP. TERW SLCH AS TMECTED"AAO W0LkWT-T0-0A7E•ARE MDT M COIPLAACE' W H THELAW. _ W �t0 V� . /� V e / SO�Ri J? KEY MAP /7 Scale + !" = 500' P ZONING DISTRICT R40 AREA LOT 416 LOT 426 pan of OIchwd Lane (abandDlMd ' 7 T— �j OWNERS + =32,081 sq ft to tie kms z N 76.07'40'E' CHARLES J. BLE/FELD ro a 1b M, j5.00 .40• E, SHELBY BLE/FELD 9 REGAL AR E4 LOT 49&pan of N � `�' 0. 76.07 ST. JAMES N.Y. 780/780 OTclwd Lana (abarntibiMd) 13 15.00 = 17,8W eq ft to tie*w tA • s2. ❑1 = 116,820s¢ft to to IbMWe Q2 . 343M84ft to tie 0 lNMd s ��ti w NS 6 07'4 N � V \ iV (1 f a F O = 1 O + y i a hse. .a00�• � o� P . l� = �O . ; ,4 • `o "\ e w..d JecK V � .0 9 O! 'V �0 t,C,• P r LOt Y4 r i � 9 ' °. / 5 g• 0. /L ��- V 2 9° o',r we,,tuo e.i oo. / �T •W• P a 4 01- 5,500 i F,Q n`" `ss � B 0 °�°0, 5.7715�Ov/. EPG -9 77.45 8 7� GES PR SURVEY FOR LOT LINE CHANGE FOR CHARLES BLEIFELD AT BA YVIEW 4 TOWN OF SOUTHOLD -"D S� SUFFOLK COUNTY, N. Y. 1000 - 90 - 04 - 18, 19 & 20 Scale : 1"= 40 �._______ Aa N. LIC. NO. 496/8 CONTOLP LMES ARE REFERENCED TO N.&V.D. 13, 1995 I � ECON 6 P.C. 1�1 MAR. 0. 7 LOT ARBEA ARE REFERENCED TO AMP IC i. O. BO ' CEDAR BEACH PARK " FlLED W THE OFFICEMA/N ROAD OF T LK COLMTY CLERK DEC. 20, 1927, SOUTHOLD, N.Y. 1197/ POUH 90-253L ANY E TERM rog OF AO AEW TO T/YS SURVEY/S A VIOLA LA , Cf SEE nm T209 Q� n+E AEN YORX STATE EDUCATION LAW, � EXCEPT AS PER SECn0N 7209-51 eD/VRSIOIN 2. ALL CERMICA TIONS HEREON ARE VALD FOR TM MAP AHD CODES 1HMOF OALY F s ► SAD MAP OR COPES BEAR 775E APRESSED SEAL OF THE SU7VEYOR WHOSE mm nATE APPEARS IEREOAI I /� ADD/TOULLY TO CaWLY MYTH SAID LAW ME TEM '.ALTERED BY' O`er MUST BE USED BY ANY AAD ALL SURVEYORS UTLIZM A COPY �.. OF AADTHER SURVEYOR'S MAP. TERMS SU6H AS 7AVECTED'AAD SROUSHT-TO-DA7E'ARE NOT M COMPLLINCE Wl7N ME LAW. 1� r Sij Q m VO 66SZ2p.F,..\\. v �t G cif o reqs �ti�am KEY MAP A� \ ° ,m •ro' 400' 9°° \ \, a1' ( Scale l' = 500' �V 1 nq ZONING DISTRICT R40 N AREA LOT 41 LOT 42& 1 O part of Orchard Lane (abandoned r-O ,E OWNERS = 32,061 Sq ft. to tie k7es P'j = N 76.0?'4O CHARLES J. BLEIFELD o•�� s��0 5.00' E, SHELBY BLEIFELD 9 REGAL AREA LOT 43 &part of o N. 15 p0? 40� ST. JAMES N.Y. 11780 Orchard Lane (abandoned) 1 = 17,895 sqq ft to tie lines sem, ❑1 = 16,620 sq.ft to tie %mast^-11 . O F2 38,996 sq ft. to tie lines �0 1 4 F. O o D — 3 O1r � a a �q I •4 � t I � °z (,. RI onl V 0� w.. \3 k I �Sl. •�� z'3� rri eo tisv fat 42 / 4> a �m 9 S3OU 5 m nS2 ks�-� 239 °`ly �m�tuo e Ec 6 LBS 'T1.00 / ,,v 3F9. P a�£4 0 65.15'0 . N � w 74001w. 6EPG _ G \\ SURVEY FOR LOT LINE CHANGE FOR CHARLES BLEIFELD AT BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 -x+90 - 04 - 18, 19 & 20 MET2 CCO Scale : 1"= 40' 6' LIC. NO. 49618 Mar. 13, 1995 UR CONTOLINES ARE REFERENCED TO N.G.V.D. ._ ECOS 0 P.C. (516) y} e OQ LOT NUMBERS ARE REFERENCED TO MAP OF 3 P. O. IF J CEDAR BEACH PARK ' FILED IN THE OFFICE MAIN R OF THE SUFFOLK COUNTY CLERK DEC. 20, 1927, SOUTHOLD, 11971 FILE NUMER 90. pi AMMIkir MAR, SOudif+}eoT;tN i 90-253L RECORDING INSTRUMENTS 335 AL PROPERTY' LAW § Art. 9 art. 9 f maps which are printed on :he county of Suffolk, who as owner or agent subdivides real )roperty in Suffolk county into lots, plots, blocks or sites, with or L.1987, c. 248, § 1, eff. July vithout streets, for the purpose of offering such lots, plots, blocks sentence beginning "upon )r sites for sale to the public, regardless of how the are conveyed, very" inserted "that was per- P g Y - Dr under the direction of said to file or cause to be filed in the office of the county clerk of Suffolk �d surveyor". county a map thereof together with a certificate of the surveyor _ndment. Subd. 13. L.1983, ' endorsed on the face of such map certifying same to have been eff. Jan. 1, 1984, substituted ;Wade from an actual survey of the property that was performed by units" for "or plots", "five �llars" for "one hundred dol- i cr under the direction of said surveyor and the date of the comple- . plot or unit thereon subdi. ,ion of the survev. Said certificate shall state that stone or concrete ..or plot thereon". monuments have been set at not less than two corners of every mendment. Subd. 6-a. street intersection as indicated on such map, provided, however, 349, § 1, eff. July 27, 1982, 1 6-a. ,-lat where the planning beard or other governmental agency hav- 'ng jurisdiction over the approval of said maps has required the subdivider to deposit with the town or local governing body a 1,erformance bond or bonds to secure the installation and comple- �ion of all site improvements, including setting stone or concrete monuments in the streets as aforesaid, and simultaneously with the Filing of said map the subdivider files with the county clerk a _ >n of conveyance, see Zoning written certification from the town or local governing body that such bond or bonds have been duly deposited and accepted by the — town or local governing body and that said bond or bonds expressly g and Land Planning § 167. include the setting of stone or concrete monuments as aforesaid, the said surveyor's certificate may state that stone or concrete monuments will be set at not less than two corners of every street v. Bear, 1 N. .2 218. 396, intersection as indicated on such ma upon completion of the d 235, 271 N.E.2d 218. P P P installation of said streets and that the surveyor shall execute and with deliver a further written certification of the completion of such 1. with this section preregusumed to monumentation to both the count clerk and the town or local _� permits was presumed to j Y vithin contemplation of par. I governing body prior to and as a condition for the release of said of contract, and vendors' performance bond or bonds. All lots and blocks on such map shall replying with section, caused desire to avoid filing level- be numbered consecutively. Said map shall set forth the courses, tp, was natural and direct t measurements and adjoining property owners with sufficient defi- ht-month rental loss for over niteness to determine the location of said property and the name of ,wing purchaser to recover P P Y '. &C. Blaschka Inc. v. Fraz- the subdivision as stated by the owner. Said name must differ >_ A.D.2d 774, 302 N.Y.S.2d from any name already filed with the county clerk and must be ,d 30 N.Y.2d 645, 331 N.Y.S. N.E.2d 623. approved by the county clerk before the acceptance of the map. At on imposing duty of filing the time of the filing of such map there shall also be furnished to lividers did not require own. the county clerk two copies of such map for each town and village itract vendee of fewer than file subdivision map as pre- in which any portion of the mapped property is located. Such obtaining building permit. copies shall be duly certified by him to be true copies of the original E Inc. . Baldwin, 1963, 39 and one certified co shall be forwarded b said count clerk to . 241 N.Y.S.2d 487. PS' Y Y the assessor or board of assessors, as the case may be, of each town nt of subdivisions in or village in which any portion of said property is located. At the +a tfiling time of filing such map with the county clerk an abstract of title of corporation, excepting all of the property shown on said map which shall cover a period of i eligious parish within not less than the twenty years last past the date it is submitted, _ 523 rr § 335 REAL PROPERTY LAW REI Art. 9 Art. certified by an attorney and counselor at law of the state of New ther York, a title company duly incorporated and authorized to transact part business in the state of New York or a competent searcher of titles, reqs shall be presented to said county clerk, and be filed in his office, suci unless the title to said property has been duly registered pursuant to peo the provisions of the real property law for the registration of titles eau to real property, in which case this fact shall be set forth upon the The original map together with the number of the certificate of the title the so registered. An index of such abstracts and registrations shall be is t maintained to clearly indicate the maps to which they refer. In the case of a tax title, the fee title for a period of at least twenty years cocot: o prior to the date of the tax sale under which title is claimed must be submitted as a part of the abstract. A key map, made to the scale of t six hundred feet to one inch, must appear on all maps submitted of and must show one or more monuments in the tract definitely tied vill to a given point or a monument set at the point of the intersection bet of the side lines (as prolonged, if there is a curve) of two established apt highways; said point or monument shall be that which is nearest ha the proposed subdivision and shall not require a measurement to be evt made across any portion of an established highway. No re-map- wi ping of subdivided property will be accepted for filing until there he has been filed with the county clerk a certificate of abandonment th, and cancellation of the original map or the portion thereof to be nc abandoned and cancelled in accordance with the provisions of this In act. Before a map will be eligible for filing, a certificate of the to county treasurer of Suffolk county or the report of a tax search by a in licensed title company must be submitted by the party presenting bE the map for filing as a part of the abstract of title showing the of payment in full of all taxes due and payable at the date of filing. m Such maps and abstracts of title shall be filed as aforesaid and a copy of said map filed in the office of the clerk of each town or it village where any portion of said property is located prior to the si offering for sale of any lot, plot, block or site thereon. All such ti maps must be printed or drawn upon tracing cloth or linen or t, printed on mylar and must be of a standard size of eighteen inches a by twenty inches or thirty-six inches by twenty inches and the o original of such maps filed in said county clerk's office shall be c { placed and kept by some suitable method in consecutive order, be i v consecutively numbered in the order of filing and shall be indexed t under the initial letters of all of the substantives in the title of the t subdivision. However, he may maintain a record of such maps in a t microfilm format provided he supplies facilities for displaying said maps through projection with microfilm to the aforesaid standard r sizes. The fie of the county cierk for such filing, certifying and indexing each map and copy thereof, and abstract of title therewith and forwarding copies of said map to the asses3ors, boards of assessors and clerks of the towns and villages where the property 524 REAL PROPERTY LAW RECORDING INSTRUMENTS § 335 Art. 9 Art. 9 ;t law of the state of New therein described is located, shall be ten dollars and be paid by the and authorized to transact party presenting them for filing. Failure to file any such map as )mpetent searcher of titles, required by the provisions of this section shall subject the owner of and be filed in his office, such subdivision or of the unsold lots therein, to a penalty to the duly registered pursuant to people of the state of New York of two hundred fifty dollars for or the registration of titles each and every lot therein sold and conveyed by or for such owner ,hall be set forth upon the prior to the due filing of such map and abstract of title as aforesaid. I the certificate of the title I The requirements as provided for in this section may be applied to and registrations shall be the filing of each and every kind of map submitted for filing which o which they refer. In the I is not a subdivision map of real property, at the discretion of the od of at least twenty years j county clerk, and the filing fee of ten dollars shall be paid for the ich title is claimed must be filing of any non-subdivision map so submitted. map, made to the scale of . 2, Every such subdivision map of property in any of the towns 1 gar on all maps submitted of Suffolk county located wholly or partly outside an incorporated { in the tract definitely tied village in such towns, shall, before the filing thereof, as herein- ie point of the intersection before provided, have indorsed on the face thereof in writing the a curve) of two established approval of the planning board of such towns, or in the towns not I be that which is nearest having planning boards, the approval of the town board. Likewise, quire a measurement to be every such subdivision map of property located wholly or partly ied highway. No re-map- within an incorporated village, shall before the filing thereof, as opted for filing until there hereinbefore provided, have endorsed on the face thereof in writing ertificate of abandonment the approval of the planning board of such village, or in a village 1 the portion thereof to be not having a planning board, the approval of the board of trustees. with the provisions of this In addition, every such subdivision map of property in any of the filing, a certificate of the towns of the county of Suffolk, whether located wholly or partly, report of a tax search by a inside or outside, an incorporated village in such towns, shall d by the. party presenting before the filing thereof, as hereinbefore provided, have endorsed -ract of title showing the on the face thereof in writing the approval of the county depart- able at the date of filing. ment of health. filed as aforesaid and a 3. Whenever at least two years have elapsed since the filing of a he clerk of each town or map of the subdivision of any tract of land into lots, plots, blocks or ty is located prior to the sites, with or without opened or proposed roads, the owner of such )r site thereon. All such ; tract, or of any part thereof having an area equivalent to that of anv racing cloth or linen or two or more contiguous lots or an area o of less than one-half rd size of eighteen inches acre, may abandon and cancel the su division o the property so : twenty inches and the owned by recording in the office of the county clerk a written ty clerk's office shall be certificate of abandonment, duly executed and acknowledged, in consecutive order, be which shall contain a description of the property to be abandoned, ling and shall be indexed the complete title or name of the map, the filing date and file antives in the title of the number therWf, except that no opened or proposed streets, other record of such maps in a than those entirel withm t re ounds of the pro ert o be man- ilities for displaying said doped, o t e area within such bounds o streets which as laid out o the aforesaid standard o said on ma come to a dead-end within suc ounds, s all e :ch filing, certifying and i a an one un ss eac per o a lot or interest in the subd'vision ibstract of title therewith consents t abandonment [ ereo mst ent in wrung u y he assessors, boards of executed, acknow a ge an recorded with the certificate of aban- agcs where the property donme::; ;/provided, however, that whenever at least twenty years 525 _ I ; 3 335 REAL PROPERTY LAW _ Art. 9 have elapsed since the Pilin of said map, thecaner f the Property to e a an one may rtho uc consent, a andon any streets or port'o s thereof shown on_said snap and which are within the bounds of h property to be abandoned if such streetssLr portions _ thereof are neither o e�ned, nor public h_ ighways, nor used by-t-4 pu_b�, nor necess -tor tate use of owners, occupants or any other persons hav_i_ng an interest in any part of the subdivisiog; but nothing herein shall prevent an owner using or a seller of land from conveying part of a lot, plot or site separately or together with an adjoining lot, plot or site, subject to the provisions of local zoning ordinances. Whenever there is on file more than one map of the property to be abandoned, such property must be abandoned in the manner herein provided as to each of such maps. A copy of each certificate of abandonment must be filed with the assessor and/or board of assessors of each town and village wherein any portion of the property to be abandoned is situated, and the en- dorsement of approval by each such assessor and/or board of assessors must be endorsed on the original of each certificate presented to the county clerk for recording. An abstract of title to the property to be abandoned covering a period of at least twenty years last past, and a certificate of the county treasurer of Suffolk county to the effect that there are no unpaid tax liens against such property, must be submitted to the county clerk and be approved by him at the time the certificate of abandonment and cancellation is I offered for recording. Said certificates and abstracts shall be filed I in the county clerk's office, a suitable index shall be kept of the same, and notice thereof shall be endorsed by the recording officer upon the map therein referred to at the time of recording the certificate of abandonment. Where the endorsement of approval of I the town or village assessor above referred to includes a recitation to the effect that the municipality has duly adopted an urban renewal plan pursuant to article fifteen of the general municipal law which plan provides for adequate street access to all properties within and adjacent to the planning area, and further that the property to be abandoned is subject to said plan, and its abandon- ment is required thereunder, the clerk shall accept and record the certificate of abandonment tendered therefor regardless of the area thereof, and notwithstanding that the property to be abandoned is a �a portion of an opened or proposed street for which the consent to the abandonment thereof required in this subdivision has not been obtained. Upon the abandonment of subdivided property as herein provided such property shall, for all purposes, be regarded as a single tract of !and. No abandonment of lot divisions shall be inade under this section for the purpose of reviving or making Effective any other subdivision of the same tract of land and no map may be reinstated as it was prior to the filing of any, abandon- ment certificate. The fee of the county clerk for such filing and t 526 REAL PROPERTY LAWtECORDING INSTRUMENTS §335 Art. 9 ;trt . 9 - the owner of the property indexing each certificate and abstract therewith shall be ten dollars ;ent, abandon any streets or and shall be paid by the party presenting them for filing. Provided, and which are within the however, that the Suffolk county board of supervisors shall have if such streets or portions full authority to abandon any subdivision of property or any por- M highways, nor used by the Lion thereof which the county of Suffolk now owns or may hereaf- - ters, occupants or any other to acquire through the sale of tax liens, by causing to be filed with rt of the subdivision; but the county clerk of Suffolk county, a certificate of abandonment, - using or a seller of land iuly executed by the said county board, without regard to any of separately or together with -he other foregoing requirements of this section. Nothing con- 3 to the provisions of local s,ined in this section shall be construed to prevent the filing of a on file more than one map :,,e%v map and certificate of a subdivision of real property in the roperty must be abandoned manner prescribed herein, after, and in the area of, a subdivision or h of such maps. A copy of portion thereof abandoned in accordance with the provisions of this be filed with the assessor section. !n and village wherein any ted is situated, and the en- '1.'added 1.1919, c. 226; amended 1.1921, c. 83; 1.1929, c. 41; 1.1936, c. 662; assessor and/or board of 1943, c. 499; L.1945, c. 745; L.1946, c. 716; L.1953, c. 560; L.1957, c. 730; 1.1958, cc. 513, 828; L.1962, c. 843; L.1964, c. 448; L.1970, c. 354, § 1; ,riginal of each certificate L.1971, c. 490, § 1; L.1971, c. 1065, § 5; L.1974, c. 802, § 7; L.1979, c. 174, ling. An abstract of title to r] 6; L.1984, c. 655, § 1; L.1987, c. 248, § 2; L.1987, c. 286, § 3.) a period of at least twenty county treasurer of Suffolk Historical Note npaid tax liens against such ty clerk and be approved by 1987 Amendments. Subd. 1. L.1987, 1984 Amendment. Subd. 3. L.1984, c. 286, § 3, eff. July 20, 1987, without c. 655, § 1, eff. July 27, 1984, added lonment and Cancellation is incorporating amendment made by provisions relating to property to be and abstracts shall be filed L.1987,c. 248, inserted provision permit- abandoned which is subject to an urban index shall be kept of the ting the filing of maps which are printed renewal plan pursuant to article 15 of the General Municipal Law. sed by the recording officer on mylar. 1979 Amendment. Subd. 2. 1.1979, the time of recording the L.1987, c. 248, § 2, eff. July 7, 1987, c. 174, § 6, eff. June 19, 1979, deleted endorsement of approval of incorporating separate amendments by requirement for endorsement of approv- L.1971, cc. 490, 1065, in sentence begin- at by the county department of environ- red to includes a recitation i ning "It shall be" inserted "that was per. mental control. as duly adopted an urban formed by or under the direction of said Effective Date. Section effective Apr. n of the general municipal surveyor". 15, 1919, pursuant to L.1919, c. 226, § 2. trect access to all properties area, and further that the cross References said plan, and its abandon- Community development corporations, see Private Housing Finance Law § 250 shall accept and record the et seq. -refor regardless of the area Survey, map or plan to be filed, see section 381. operty to be abandoned is a Urban renewal, see General Municipal Law § 500 et seq. et for which the consent to tis subdivision has not been i Library References ibdivided property as herein American Digest system purposes, be regarded as a Haps, plats, or plans; filing or approval as condition of conveyance, see Zoning and Planning X372.2. u of t lot divisions shall be Encyclopedia Lose nf reviving omaking r Enlargement or extension of use, see C.J.S. Zoning and Land Planning § 167. same tract of land and no o the filing of any abandon- q iy clerk for such filing and ' 527 x,, § 335 REAL PROPERTY LAW Art. 9 i Notes of Decisions - Abandonment of subdivisions aries described by subdivision map and Approval of 3 village had included the street in its Streets and Improvements 4 drainage and grade planning. Sesto v. Construction with other laws 1 Mielke, 1961, 28 Misc.2d 228, 212 N.Y.S. Preemption 2 2d 866. Re-mapping of subdivision 5 4. — Streets and improvements 1. Construction with other laws Filing, by purchaser of tax-forfeited land in subdivision, of certificate of Section 339-4 et seq. is an Act com- abandonment of streets on subdivision - plete in itself; thus, compliance with rc- map, pursuant to this section, restored quirement of this section that subdivider lots and streets to their status prior to file a map is not a prerequisite to record- subdivision, in view of fact that the ing of declaration submitting property to streets had never become public high- provisions of section 339-4 or filing of ways by implied or actual acceptance, set of floor plans; filed maps for subdi- were never used,and were never opened visions are necessary for assessment pur- to the public. Lowe v. Di Filippo, 1961, poses; not so for condominiums. Kauf- 12 A.D.2d 788, 209 N.Y.S.2d 652. man & Broad Homes of Long Island, Inc. v. Albertson, 1972, 73 Misc.2d 84, When a developer, prior to the sale of --� 341 N.Y.S.2d 321. lots and the construction of any im- provements,abandons most of a subdivi- 2. Preemption sion in Suffolk County pursuant to RPL, Filing and approval requirementsim- § 335(3), the town planning board no posed upon subdivisions under village longer may require the installation of regulatory scheme were not void on the- proposed streets lying entirely within the ory that jurisdiction over the filing of abandoned portion and assuming no plats had been preempted by this sec- third-party property claims, the same tion. Delaware Midland Corp, v. Incor- rule most likely applies also to other porated Village of Westhampton Beach, proposed improvements, which, like in. 1974; 79 Misc.2d 438, 359 N.Y.S.2d 944, terior streets, would lie entirely within affirmed 48 A.D.2d 681, 369 N.Y.S.2d the abandoned area and would service 378,affirmed 39 N.Y.2d 1029, 387 N.Y.S. only that area, such as local utility lines. -S_ 2d 248, 355 N.E.2d 302. Op.State Compt. 81-158. - 3. Abandonment of subdivisions—Ap- 5. Re-mapping of subdivision =- proval of Where a subdivision plat has been Village assessor's refusal to endorse filed in the Suffolk county clerk's office approval of abandonment of street on no re-mapping thereof may be filed until subdivision map filed more than 20 the owner thereof abandons and cancels years previously was not an abuse of same after two years have elapsed since discretion when a large proportion of such original filing. 1966, Op.Atty.Gen. village residents resided within bound- (Inf.) April 11. § 335—a. Easements of necessity The owner of any lot, plot, block, site or other parcel of real estate being a subdivision or part of a subdivision of any larger parcel or parcels of real property shown upon a map of said parcel or parcels of real property and of its subdivision or subdivisions, filed in the office of the county clerk or of the register of deeds of the county where the property is situated, prior to the sale or -- conveyance of such lot, plot, block, site or other parcel, or subdivi- Sion thereof by the seller thereof, upon which map any road or street is indicated or shown as giving access to or egress from any public road or street to such lot,'plot, block, site or other parcel of real estate thereon indicated or to any part thereof, sold or granted 528 HARVEY A. ARNOFF n i` SCOTT L. HARRIS Town Attorney '�, t Q�:� Supervisor MATTHEW G. KIERNAN ? �� ,' 'ii�s Town Hall, 53095 Main Road Assistant Town Attorney -1s„s-�' P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD November 15, 1993 Donald Weinreb Omni Abstract Corp. 475 Sunrise Highway West Babylon, NY 11704 Re: Property of Charles E Shelby Bleifeld Lots 41, 42 and 43 on Map of Cedar Beach Park, Map #90 Dear Mr. Weinreb: am in receipt of a copy of your August 6, 1993 letter to Mr. Somer with regard to the above-referenced matter. I would request that you advise which Section of the Real Property Law permits the owner of lots 41, 42 and 43 to abandon the street to the exclusion of all others. By copy of this letter to Mr. Somer, I am inviting his comments as well. Perhaps with our collective thoughts, we can assist Dr. Bleifeld achieve his desired result. ery ruly yours, at ew G. Kiernan Assistant Town Attorney MGK:mis cc: Stanley Somer, Esq. U� 6A ✓� -4 HARVEY A. ARNOFF RRIS Town Attorneyj ^ SCOTT Lrvisor MATTHEW G. KIERNAN �1 i >y Town Hall, 53095 Main Road Assistant Town Attorney P.O. Boz 1179 Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD November 15, 1993 VIA FACSIMILE Kevin Crawford, Esq. Association of Towns 146 State Street Albany, NY 12207 Re: Property of Charles E Shelby Bleifeld Lots 41, 42 and 43 on Map of Cedar Beach Park, Map #90 Dear Kevin: Enclosed please find a copy of the survey for lots 41, 42 and 43 of the map of "Cedar Beach Park" filed in the Suffolk County Clerk's office on December 20, 1927. The owners of these lots would like to include the shaded area, which appears on the filed map as a portion of Orchard Lane (private road), in their lots and have requested the Town's input as to the procedure for "abandonment". In support of their request, the owners have provided title reports indicating that title to the center line of Orchard Lane is vested in the owners of lots. In reviewing this matter, 1 have examined Section 335(3) of the Real Property Law and am not convinced that this Section is applicable here. I would request your thoughts on the applicability of Section 335(3) to this matter and/or your input regarding other avenues to assist in solving this problem. Thank you and should you require anything further, please do not hesitate to call. V ry truly yours, atthew C. Kiernan Assistant Town Attorney MGK:mis Enclosure 66. FA- Sp^�� ' of 4- o-� O NN 1 Q Off, AREA= 1.078 acres to tie lines T� 291II eQ AMC Vii' ry Ip iv ,N -10 LOT 42 sem• _ O •Ts �°a, p° j7OO ' .O . W, 6 j _ •�..p oss p.., ��� 77.15.00• 2 CEpAFR CER TIF/ED TO, SHELBY BLEIFELD SURVEY OF LOTS 4142, & 43 _ MA;6OF "CEDAR BEACH PARK" n I-MF,.0FaED 9AT DECE"'BA YV/EBER 20,1927 tto W .9 =: TO:NN OF SOUTHOLD If SUFFOLK COUNTY, N. Y. 1000- 90- 04 - 18, 19 &20 Scale: I"= 40' S VC NO. 49618 — - heb. 17, 7993 Prepared in accordance .,tit/6#mm . CONK SLh VEYONS, P.C. 'slo dards to 5tb surreys as estobbsbed 15161 765 - 5020 by the LLA.L.S Md aporoeed and adopted P. O. BOX 909 to such"" br rho Now Yob Stale Loop!MAIN ROAD - 51L Assodoh'on. Lo THOLOr N.Y. 11971 , H.S. Ret.# 91-SO-10 PILES4PROPET RTY CORNER.To SEPr1C SYSTEM FROM S 66•. a0 Q Sp. 20.F Rpt Ole f Q u y v NW ��W N m 62. N�o z .tq OT, OO o -g a W 20.E �O(L• F'�� N oN O AREA- 1.078 acres to tie Anes o �: m z-f- i a; /9s� °• �F9 I ` O 0 09 • V N V .p P� .oz s 20� r'a• se 7w d ti / /r h O OT �. P J1 .V $/.9' e O I P �• �� tb woea F h Zf y ti P LOT Fs 0. \\tcr 11 11 O / �raA s per5 g2 900 3 \ vi Z o! wr`a io Qe"/p5 ?7 O/ Y� r��G. O°�y./-g9 w. S�rA J 100 ���•p a S 65h ,9 S. 7.45 p0 ! P 14 GEpAR CERTIFIED TO, SHELBY BLE/FELD CHARLES J. BLEIFELD SURVEY OF L O TS 4149, & 43 OF NEW "CEDAR BEACH PARK" METw 40 fa® AWM24W7AWN0 90 DfiCfiYVIEW --- TO WN OF SOUTHOLD SUFFOLK COUNTY, N. Y. JUL s 1992 o VW - 90 - 04 - 14 m dr 2O 496NC0 � SYa'W• I" = 40' ._� LIC. 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