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L. ,.~IT~n}~~1DrLD I y' I i I- I(~ I '•te I I 96 uo f, I w - D m Nk'Z ' 9h - ~ Cf a s I I ~ ~ - Z b O vla rron ` _ I n _n O~~m ~f+zi t~A ai -I I 1 it I H I Syr I ! ~ I ~ 5~,~oND i I i~ ;SeL'e6 ¢ i I~ j a I I W~ 2m~DR',A ZO t 1 i I I~ I I I I .f a All a"~a$Di F' F - i i' j ?i - 1VD v O- A ~.CL I I I I 1. ON.D mm~~~-{imN I I ! I Z,Z q n - .rm I 1I Y - m> Z _'n 22p r icaY,ta 1 iHii 97 ; - yr l r~ r v ~ C4 y- ~ aorwa 1 9 e , o xaon, min AIM TUa )I IVAv s ! d 010HlfI0S A0 NM91 4 ~ ` a u / N a n d ` 3 d A:Dn„L4 V,0,3 us SLt QN 3'13 "L,',Z64 `SL k8vn vtl Q911~ 2k d_p 3 W 3f1N3~tl NN~d 3Q .L~'~d ~1Ntl $B6,.'LO1 !4 t¢W; 3NI"I 101 , Y 1 6P i ,yam ~ON _ E ~ b 'r 1 #1r9y~~'H^1 0141 1 S k a F J Y_ S .J f ri 1Y, c: , r « 4 ad k s a,~{, a!a ~'s °R Z'. a4 fas 4 PLANNING BoARD MEMBE 41 gOFFO(,~ ~0 CG Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. ~ Gy P.O. Box 1179 Chairmen Q < Southold, New York 11971 WILLIAM J. CREMERS y Fax (516) 765-3136 KENNETH L. EDWARDS • Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD 'lza~r~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1999 Aurelius J. Sclafani, Esq 50 Hampton St. Sayville, NY 11782 Re: Proposed lot line change for Wankel-Moran SCTM# 1000-113-10-14.1 & 15 Dear Mr. Sclafani: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 11, 1999: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final plans dated August 10, 1998. Conditional final approval was granted on October 26, 1998. All conditions have been fulfilled. Enclosed please find a copy of the plan which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. Sincerely, ihma t Orlowski, Jr. 4v n e nc. cc: Building Dept. Assessors PLANNING BOARD MEMBEA ""F01 4, 01 Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. )Y h~ Gy~Q P.O. Box 1179 Chairman c < Southold, New York 11971 WILLIAM J. CREMERS h 2 p Fax (516) 765-3136 KENNETH L. EDWARDS ;Y Telephone (516) 765-1938 GEORGE RITCHIE LATH9v, JR. RICHARD G. WARD ~'""ar:.3'^3 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 27, 1998 Aurelius J. Sclafani, Esq. 50 Hampton St. Sayville, NY 11782 Re: Proposed lot line change for Wankel-Moran SCTM# 1000-113-10-14.1 & 15 Dear Mr. Sclafani: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 26, 1998: WHEREAS, Judith and Edward Wankel are the owners of the property known and designated as SCTM# 1000-113-10-15.1; and Charles Moran is the owner of the property known and designated as SCTM# 1000-113-10-14.2, located on Westphalia Rd. in Mattituck; and WHEREAS, this application for a lot line change is to subtract 23,600 square feet from a 63,601 square foot parcel, and add it to a 75,165 square foot parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on September 14, 1998; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York, on October 26, 1998; and Page 2 Proposed lot line change for Wankel-Moran October 27, 1998 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated August 10, 1998, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution: New deeds reflecting the lot line changes must be filed for all parcels involved. Copies of the recorded deeds must be submitted to this office. Please contact this office if you have any questions regarding the above. Sincerely, en~ Bennett Orlowski, Jr. Chairman FILED 5ueF 5614 CTF. No. FEB 2 ey^P;o y~ II ( CERTIFICATE OF ABANDONMENT 111* VARKOFSUFFOLK COUtM I 3 ' D J~ PURSUANT TO NEW YORK REAL PROPERTY LAW - §335 (3) Bruce M. Campbell & Maureen Campbell, residing at 620 Meday Avenue, Mattituck, NY and Laurie M Wickersheim, NKA Laurie M. Wells, residing at 370 Meday Avenue, Mattituck, NY, for the purpose of abandoning and canceling the subdivision of a certain tract of land owned by them and hereinafter described, pursuant to New York Real Property Law §353 (3), do hereby certify as follows: 1. A certain map dividing such tract of land and other land situate in the Town of Southold, County of Suffolk, State of New York, into lots, plots, blocks or sites, with opened and proposed roads, entitled "Map of Tollewood" was filed in the Suffolk County Clerk's Office on January 25, 1927 as Map No. 175; . 2. More than twenty (20) years have lapsed since the filing of said~lor,, 3. The tract of land which is to be abandoned sa eli& saituate in t ie- ~Town of Southold, County of Suffolk, New York State land is A the street known as Penn Avenue, more particularly described in "St,, e r hich is annexed ~y hereto and made a part hereof; t,' MA 4. Bruce M. Campbell & Maureen Campbell own the pro bounded by the portion of said street to be abandoned, being the same premises conveyed by deed dated 12/8/2000 and recorded on 12/13/2000 in the offices of the So ounty„Glerk`af Liber 12090 Page 486. The portion of said street to be abandonedwnrtire particularly described in "Schedule B" annexed hereto and made a part hereof, is entirely within the bounds of the property to be abandoned, and such portion thereof is neither opened, nor public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest on any part of the subdivision; 5. Laurie M. Wickersheim, nka Laurie M. Wells, as surviving tenant by the entirety, owns the property bounded by the portion of said street to be abandoned, being the same premises conveyed in deed dated 5/13/1991 and filed on 6/4/1991 in the Suffolk County Registrar's office in Torrens Title Document No. 391007, Certificate 146,097, and further recorded on 5/8/2000 in Liber 12040 Page 751 in the Office of the Suffolk County Clerk. The portion of said street to be abandoned, more particularly described in "Schedule C" annexed hereto and made a part hereof, is entirely within the bounds of the 15 6 9 9 # ABS, No. FILED FEB 2 8 2006 property to be abandoned, and such portion thereof is neither opened, nor public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest in any part of the subdivision; 6. The undersigned do hereby ABANDON and CANCEL the subdivision of such tract of land described in "Schedule A", including a portion of said street known as Penn Avenue which shall no longer exist upon the approval and recording of this certificate. 7. A copy of the Certificate of Abandonment has been approved and endorsed by the Assessor of the Town of Southold. A copy of said endorsement is annexed as Exhibit A, and made a part hereof. 8. An abstract of title for the property to be abandoned covering a period of at least twenty years is annexed hereto as Exhibit B, and made a part hereof. Said abstract prepared by Globe Title Agency, Inc. agent for Fidelity National Title Insurance Company, (No. GL-19282) includes a tax search which stated that are no unpaid tax liens against such property to be abandoned, and said abstract shall be submitted and approved by the Suffolk County Clerk when this certificate is presented for recording. IN WITNESS WHEREOF, this Certificate of Abandonment is made and executed this I,<day of '~bV 2005. Bruce M. 6finpbell `fljMaureen Campbell V Cl' Laurie M. Wickersheim nka Laurie M. Wells STATE OF NEW YORK COUNTY OF On the ( day of the year of 2005 before me, the undersigned, appeared Bruce M. Campbell personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of hich the individual acted, executed the instrument. 0" I iovc- cF aw YW- N o o f (?O LO J3 °i ?~`f URM Q 4s- ZZ 2-009 STATE OF NEW YORK COUNTY OF'~~ On the 15P'-day ofA&i the year of 2005 before me, the undersigned, appeared Maureen Campbell personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrumen t. 1 ' I I^ t (~lM U qw-k' wo. 01 cu(1132DS9 My Cc,~.w, .gyp ~s-zv Zc~°~ STATE OF NEW ORK COUNTY OF On the /'y)-I~ day of 6'~'Aia2 in the year of 2005 before me, the undersigned, appeared Laurie M. Wickersheim nka Laurie M. Wells personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. C~ zz~ Christine M. Christie Notary Public. State of New York o1CH6125800 Qualified in Suffolk County Commission Expires 4125120 1 L Schedule A All that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York known and designated as part of Penn Avenue abutting Lots 80 and 79 on a certain map entitled "Map of Tollewood" and filed in the Clerk of the County of Suffolk on January 25, 1927 as map No. 175. Schedule B All that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York known and designated as part of Penn Avenue abutting Lot 80 on a certain map entitled "Map of Tollewood" and filed in the Clerk of the County of Suffolk on January 25, 1927 as map No. 175 to the center line of Penn Avenue. Schedule C All that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York known and designated as part of Penn Avenue abutting Lot 79 on a certain map entitled "Map of Tollewood" and filed in the Clerk of the County of Suffolk on January 25, 1927 as map No. 175 to the center line of Penn Avenue. APPROVAL OF THE SOUTHOLD TOWN ASSESSOR FOR ABANDONMENT OF MAPPED PROPERTY WITHIN THE TOWN OF SOUHOLD I, S'a,rtfA• 'Pv4sscl, the Assessor of the Town of Southold, Suffolk County, State of New York, have examined and reviewed the Certificate of Abandonment annexed hereto. The undersigned, Assessor of the Town of Southold, Suffolk County, State of New York, do hereby consent and approve the annexed Certificate of Abandonment, which is to be promptly filed in the Office of the Suffolk County Clerk. STATE OF NEW O COUNTY OF 1j, On thee 7 Wllay of I~ G in the year of 2005 before me, the undersigned, appeared C D l ~ct5yIl personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrum nt. /U0 Claire L. Glow Notary Public, State of New York No. Ot GL4879505 Qualified in Suffolk Coun commission Expires Dec. 8, tw& r+ THIS LOT LINE CHANGE BETWEEN AND IS LOCATED ON IN SCTM# 1000- LOT LINE CHANGE Complete application received Application reviewed at work session a ~a Applicant advised of necessary revisions Revised submission received 0 ~a ead Agency Coordination SEQRA determination net _ c. Sent to County Planning Commission n ~ Q Gffin OK Review of SCPC report aft Covenants and Restrictions received ® Q Draft Covenants and Restrictions reviewed Q File Covenants and Restrictions received 5.6 -r /f~,fAjr~ Final Public Hearing doll 18, App oval of of Line -with conditions ; Endorsement of Lot Line y ms l/1/90 RE: Lot Line Change - Wankel - SCTM 11$,00-10.00-015.00 Moran S 1 00-10.00-014.100 AOLICATION FOR APPROVAL OF ] ..f y~ To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (a Lo?. Change ap =al in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To vu Planning Board, and represents and states as follows: 1. The applicanism tehe ownesof 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.) . Tollewood . 2. The name of the subdivision is to be P/0, Map . of . . . filed January . . 25, 1 . 927 . File NO. 175 situated at Mattituck, Suffolk County 3. The entire land under application is described in Schedule "_0." hereto annexed. (Copy of deed suggested.)Deed to pWankel 9/29/94 and Deed to Moran 9/29/94 annexed hereto. and 4. The land ffs held by the art aof "Penn nt nder deeds P recorded in Suffolk County Clerk's office as follows : kiber Torrens.T#le-Moran On Deed Filed 11/4/94; Torrens 852-2031 - Cetus 154255 DOC. 436648 to at age kibur Torrens_T#le-Wankel Deed Filed 12/5/94. Torrens 852-2031 - Cert. 154501 Doc, 437982 " k:idmr On uz~ , 5. The area of the land is 98!63.91 sq, fl.... 6. All taxes which are liens on the land at the date hereof have been paid except . 76 The land is encumbered by • . • _ • • . • • , . mortgaP me (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 (c) Mortgage recorded in Liber pane in original amount of unpaid amount held by address 8. There are no other encumbrances or liens against the land except NC . )NE , , , , • 9. The land lies in the following zoning use districts Mtn-..40, . 000 . sq, ft. RES . . . A 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex. cept NOM 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (OZOVQRw~ lie in a Water District or Water Supply District. Frame of Dis• trict, if within a District, is 13. Water mains will be laid by Suffolk County.Water Authority . . . . . . . . . . . and (a) §ckq charge will be made for installing said mains. 14. Electric lines and standards > presently existing adjacent on Westphalia Road and (a) lines. charge will be made for installing said 15. Gas mains will be installed by • , N * 0 ' M, 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 I1i0htvay system, annex Schedule "B" hereto, to show same. NONE 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Ilighway system, annex Schedule "C" hereto to show same. $ S 18. There are no existing buildings or structures on the land vl ' •h are not located and shown on the plat. N/E corner ib property - 10.5'x 39.~h 19. Where the plat shows proposed streets which are extensious of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said Fxisting 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 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 "F", NOT APPLICABLE EDWARD WANKEL DATE 19 JUDITH GORDON WANKEL (Name A ca By . - 1Za-~ (Signature and Title) . (Address) ~><ro~j Tw"', d767T NEW JERSEY 2 STATE OF MbWay6dM COUNTY OF ss: On the day of....`...gust • • • • • . • 19.98..., before me personally came • ..CHARL.ES'MORAN• • • • • . • • • • • • • to the known to be the individual described in and who executed the foregoing instrument, and acknowledged that ...he,.... executed the same. BRIAN PkArtK NOTARY PUBLIC OF NEW JERSEY Commission Expires 1/17/2003 . ' • 1 Notary Public STATE OF NEW YORK, COUNTY OF. SUFFOLK On the day of August..... 108.. before me personally came EDWARD WANKEL and JUDITH GORDON WANKEL ...................to me known, to be the individuals described in and who executed the foregoing instrument, Muith~ and acknowledged that they executed the same. .........~mt~atx 3DOM = Mobd= x1!#~d Notary Public RE: Lot Line Change - Wankel - SLIM 11:1.00-10.00-015.00 Moran 11$t.00-10.00-014.100 JAS SLICATION FOR APPROVAL OFT '.f To the Planning Board of the Town of Southold: The undersi a Lot L' LChange ap royal in fined applicants hereby applies for (xeatatxe a ava sut iN flat a 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 applicantw8e owneisof 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 P~O Map of Tollewood filed January 25, 1927 File NO. 175 situated at Mattituck, Suffolk County 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) Deed to Wankel 9/29/94 and Deed to Moran 9/29/94 annexed hereto. and abandoned part of "Penn Avenue". 4. The land is held by the applicantunder deeds recorded in Suffolk County Clerk's office as follows : kibmr Tgrrens Title-Moran fie On Deed Filed 11/4/94 Torrens 852-2031 --Cert. 154255 Doc; 43664 2AW 8 kbw Torrens,Title-Wankel Deed Filed 12/5/94. Torrens 852-2031 - Cert. 154501 Doc,"43j982 On kbw kzw .........................)DW =U=dbb6but= 5. The area of the land is 98! 63.91 sq. f}.. 6. All taxes which are liens on the land at the date hereof have been paid except . , , 7. The land is encumbered by NO . , , mortgage (s) as follows: (a) Mortgage recorded in Liber Page in original amount of $ unpaid amount $ held by address (b) Mortgage recorded in Liber Page - in original amount of unpaid amount held by address (c) Mortgage recorded in Liber Page in original amount of unpaid amount held by address 8. There are no other encumbrances or liens against the land except .NOM.................. 9. The land lies in the following zoning use districts 40,000 sq, ft. RES . . A 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. 12. The land (does) } lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by -Suffolk County.Water Authority and (a) §m* charge will be made for installing said mains. 14. Electric lines and standards ffit~c presently existing adjacent on Westphalia Road and (a) charge will be made for installing said lines. 15. Gas mains will be installed by ..NOM - and a) char (no) be 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. NONE 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. SEE SURVEY 18. There are no existing buildings or structures on the land vl-Nh are not located and shown on the plat. N/E corner Moran property - 10.5 x 3~.~ 19. Where the plat shows propused 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 applicurt 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 "F". PLI EDWARD WANKEL DATE ...p ~q ?L ` (v • • , , , • , • , , , • 19`FR. JUDITH GORDON W Q4ARI E3' . (Name of Applicant) By (Signature and Title) (Address) NEW JERSEY STATE OF gY&M COUNTY OF ss: On the day of. • • August 19 98 before me personally came • • • CHARLES.MORAN......................... to ire known to be the individual described in and who executed the foregoing instrument, and acknowledged that he....... executed the same. Notary Public STATE OF NEW YORK, COUNTY OF. SUF'E' TA ss: On the ?n day of .August 19.98.._ before me personally came EDWARD WANKEL and JUDITH GORDON WANKEL ...............to me known, to be the individuals described in and who executed the foregoing instrument, t and acknowledged that they executed the same, ................................fix xaot}tx 99 ll lAJC xil~ncd Notary Public Aurelius J. Sclafani Notary Public NYS Reg. Suffolk CTSM51s5 Term Expires August 31,/ q 9P .16.4 (218-Text 12 W'A•w~f 1 3 . o•u - r e. r.+ or.Y. try M" / PROJECT 1.0. NUMBER /I+sy 13, vv /V. -V ~/yt,r e.u L 617.21 S EO R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM PART I- For UNLISTED ACTIONS Only PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPUCANT (SPONSOR ~~r11ee MMoorr ~d Edward Wankel and Jud3thsGoruon Wankel, his t7ife Abandoned on Lot Line Change-P.0 Penn Ave 7. PROJECT LOCATION; Aban lots 88-98, map o Tollewood municipality Mattituck, Town of Southold 4. PRECISE LOCATION (Street address Conty 50.0' and road intersections, prominent landmarksuetc„ or prof tleOmap) West of Illinois Avenue and 126.0' East of Cox's Neck Lan e on the North side of Westphalia Road. SCPM 1000-110.00-10.00-14.1 and 15 5. IS PfROPOSED ACTION: IGI New 0Expansion ?MOdificattan/alteration- 6. DESCRIBE PROJECT BRIEFLY: Wankel to deed to Moran westerly 25 feet of abandoned Penn Ave; 50 feet of Lot 94 and 27.04 feet - easterly part of Lot 95 - TOTAL 102.04' x 244.70' TOTAL 23,599.36 sq. ft. Wankel to retain 244.70' x 172.96' 40,001.42 sq. ft. 7. AMOUNT OF LAND AFFECT'c@ Initially .5+/- acres Ultimately •5+/- 6. WILL PROPOSErD^ACTION COMPLY WITH EXISTING Z-.- pAlbTING OR OT GLAND USE RESTRICTIONS? zYes Ci No It No, describe briefly 9. WHAT IS PRESENT LANG USE IN VIC;NITY (I PROJECT? ®Residential C Industrial ff~~ Oescribe: U Commercial Agriculture ? Park/Forest/Open space ? other 10. OOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAU? ? Yes `7 No If yes, list agency(s) and permittapprmals 71. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? C3 Yes ® NO If yes, list agency name and permiHapproval 12. AS A, RESULT PgOpOSE ? Yes CE ® No D ACTION WILL EXISTING PERMITfAPPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPllcant/sPo or ame: NKEL, JUDITH GO WANKEL, AND CHARLES MORAN Date: AI'S •'st`%99 Signature, 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 PIT 1f-Eh VIAONMENTAL ASSE 4 C Y A. DOES ACTION EMCEED ANY TYpE I T ENT (To be completed by Agency) the FULL EAF. ?Yes No HOLD IN 6 NYCRR, PgA7 fit7.12? If yes, ccortlinate the review Process 8. and WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, pggT 617.5? If Nora negative declaration may b e superseded by another involved agency. ?Yes 93 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten. potential air quality, surface or groundwater it legible) Existing i for erosion, sudrainage rface or patterns, i flooding Problems? quality Explain quantity, briefly; noise levels, existing traffic g solitl waste t legiDlble) NO or disposal, I C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: Or community or neighborhood character? Explain briefly, NO C3. Vegetation or fauna, fish, shell/fsh 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? Explain briefly CS. Growth, subsequent development. or related activities likely to be induced by the prOOOsed action? Explain briefly, NO C6. Long term, short term, cumulative, or other effects not identified in Ct-CS7 Explain briefly. NO C7. Other impacts (including changes in use of either quantity or type of energy)? Explain orielly. NO D. IS THERE, i IS THERE LIKELY TO 8 ® Yes E CONTROVERSY RELATED TO POTENTIAL ADVERSE No If Yes, explain briefly ENVIRONMENTAL IMpI PART Ill-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, graphic a) setting determine whether it is substantial, large, important or otherwise Si irreversibility; (e) geographic scope; and (f) magnitude. If necessary, g (i.e. urban or rural; Each effect should assessed in connection with its ( add attachments or reference su occur g (c) duration; (d) rin ode Mat sure that t. explanations contain sufficient detail to snow that all relevant adverse impacts have b or re ferenceeldt and of Pnd add materials. Ensure that C3 Check this box if you have identified one Or more potentially large or Significant adverse impacts which addressed. occUi Than proceed directly to the FULL EAF and/or prepare a positive declaration. MAY Check this box if you have determined documentation, that the , based on the information and analysis above and any supporting AND provide on attachments as necessa Proposed action WILL NOT result in any significant adverse environmental impacts ry, the reasons Supporting this determination: Name of Lead Agency Pint or type Name or Responsible dicer in Lead Agency fire of Rerponsmle Ofncer Signature of Responuble O hcer m Leid A(MCy Signature or Preparer ll di f;;71 t - rom reffwns,b a of rceq Date 2 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Lot Line change Wankel 118.00-10.00-015.00 Gentlemen: Moran 11j.00-10.00-014.100 The following statements are offered for your consideration in the review of the above-mentioned 4UQ' ' `L t its (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. our tru , EDWARD WANKEL ,a Jr/ • Lot Line Change ^ Wankel 11J1.00-10.00-01! Moran 113.00-10.00-014 PLA;YNIRG, "OARD TO-V-Y 0 ISOU HOLD _,>z SCFFOL'IC00~, TY Southold, N.Y. 11971 (516) 765-1933 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FOCLMS TO THE PL NNING 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 NoX (attached is a list-o-f the wetland grasses f7 - by the Town Code, Chapter 97, for your reference) 2. Are there.any other premises under your ownership abutting this parcel? Yes NoX 3. Are there any building permits pending on this parcel? Yes NoX 4. Are there any other applications pending concerning this property before any other department. Or agency? (Town.,- State, County, etc.) Yes NoX S. Is there any application pending before any other agency with regard to a different project on this parcel? Yes NoX 6. Was this property the subject of any prior. application to the Planning Board? Yes NoX 7. Does this property have a valid certificate of occupancy, if yes please submit.a copy of same Yes NoX I cc tifv that,the above statements are true and t:'ill be relied on y the P nn g Board in considering this application. ignature o= property owner or authori- rL"ra9P ..ed agent date EDWARDWANKELL Attachment to questionnaire for_'the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the t . -_day of August came IDWARD WANKEL 1998, before me personally to me known to be the individual described in*and who-executed the foregoing instrume and acknowledged that he executed the same. - Nota Y rabli .+IUrelurs J. Sclafani NS 7a Public NYS 9 Y - - TermExplresq~s831,/49D - - Lot Line Change " APPLICANT ankel 11-10.00-015.0[ TRANSACTIONAL DISCLOSURR FORK 3,00 oran lit-00-10-00-014.10C The Town of Southold's Code of Ethics rahibits conflicts of interest on the art of town officers and em purposls form is to provide to ees. 1'he ert the town of osst Di conflicts not rim terest and al can low it to take whatever action is necessar to avoid same. YOUR NAME. CHARLES MORAN (Last name, First name, middle initial, unless you are applying In the name or someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE. OF APPLICATION: (Check aLl that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other CIF '.Other,' name the activity.) Lot Line Change no you personally (or th cough your company, spouse, wlbling, em parent, Or child) have a relationship with any officer or P Y Of the Town of Southold? -'Relationship- include. by blood, marriage, or business interest. Business interest- wean- a business, including a partnership, In which the town officer or employee has even a partial ownership of (or employment by) -a corporation in which the town officer or employe shares. e owns more than 5% of the YES NO X If you answered -YES,' complete the balance of date and sign where indicated. this form and Name of person employed by the Town of Southold Tle or position of that Person Describe the relationship between yourself (the a and the town officer or employee. Either check thellcant) providedate line A) through D) and/or describe in the space The town officer or employee or his or her spouse, A) the o parent, or child is (check al sibling, that apply), wner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, applicant; or partner, or employee of the O) the actual applicant. DESCRIPTION OF RELATIONS11TP - Submitted t /J r ofA -St ~Y/ 1998 Sig na tote (iJL/~ Print name CHARLES MORAN Lot Line Change APPLICANT fankel 11,1.00-10.00-015.0c F -YRANSACTIONAL.DISCLOSURR FORM Oran 11.00-10.00-014.100 The Town"oE Southold'"s Code of interest on the Ethics roilibits conflicts of Pu r alert oo9e art of town ofEicecs and em to ees. The icl o form is to Oro tde Lnfor tl Th -,,-Of he town of Possible conflicts take whatever of interest and--allow YOuR_NAME: EDWARD WANKEL - (Last name, first name, m you ace apps !n addle initial, unless other en tit y g In the name of someone else or the other y, such as a company. If so, indicate -person's Or company's name.) MATURE-OF AFPLICATIONe (Check a.ll that apply.) Tax grievance - - variance Change of zone - Approval of plat - - Exemption from plat or other official map " CIf. ~•-Other,• name the activity.) Lot Line Change Do You Personally (or - - - parent, -or child) have ta'crela your nship wit:11'aepaune, eibor employee of the Town of Southold? -R wth any officer by "blood, marriage, or business interest ti- Dusan includes interest- means a business, including ~IIusineas Which the town officer or em has a Partnership, In ownership of (or em has even a partial the town officer orPlploye b by) y) 'a corporation in which sharea_ employee owns more than 5% of the YES - NO X - If you answered -YES,.' complete the balance of this form and date and sign where indicated. Name of person employed by Ti tle the Town OfSouthold or position of that person - Describe the relationship between yourself (the applicant) the town officer or employee.. Either check thelicant) Provideda to line A) through D) and/or describe in the space The town officer or employee or his or her spouse, sibling, Parent, or child is (check all that apply); A) the owner of greater than corpor t 5% of the shares of the ae stock of the applicant (When the applicant is a corporation): B) the legal or beneficial owner of any interest in a noncorporate entity (When the applicant Is not a corporation); C) an officer, director, a c, - Ppllcan t: Partner, or employee Dthe or of the actual a - - PPL[cant, DESCRIPTION OF RELATIONS111p - Submitted t is d a - - a All 199$ - Sign Prins: it me EDWARD WANKEL Lot Line Change • APPLICANT ankel 113.00-10.00-015.00 - . ANSACTIONAT-DISCLOSURR PORH oran 11.2,00-10.00-014.100 -Ar The Town of Southold's Code Of Ethics on the arL of town otf icers anohlbits conflicts of ur ose of this form 1s to to res. The alert the town of ossible conflictsnoE rln terest -hand can it to take whatever action is necessar to avoid llow same. YOUR NAHEn JUDITH GORDON WANKEL - (Last name, first name, middle iitial, unless You are applying in n the name - other entity, such as of someone else or - the other p_ erson's o a company-. If so, r company's name. indicate ) NATURE-OF APPLICATION; (Check all that apply,) Tax grievance - Variance Change Of zone - Approval of plat- Exemption from plat or official. map Other (If . 'Other." name the activity) Lot Line Change no YOU Personally (or t your company epoune, aibllng Igh parent,-oc child) have a - e rla tyo company officer ~ employee of the Town of Southold? -Relationship- includes or, by blood, marriage, or baeineas intereat_"-Business interest- means a business, including a partnership, In which the town officer or employee has even a partial ownership of (or employment by) a corporation the town officer or employee owns moce than 5 in which shares- YES NO R - - If you answered "YES- cowplete the balance of this form and date and sign where indicated. Name of person employed by the Town ofSouthold T itle or position of that person Describe the relationship between yourself (tile a and the town officer or employee.. Either check the licant) Provided-. line A) through D) and/oc describe in the space The town officer or employee or his or her spouse, sibling, _parent, or child is (check all that apply); A) the owner of- greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); I B)the -legal. or beneficial owner of any interest in a noncorpocate"entity (when the applicant in not a corporation), - C) -.an o fficer,p director, partner, or employee of the D) the actual applicant. DESCRIPTION OF RELATIONSHIP - Submitte this d..~ o AIIgUSi Signatur. Print name JUDITH N WANKEL ETH A. NEVILLE, TOWN CLERK RECEIPT 7 0 8 3 7 Town of Southold 19 q uthold, New York 11971 DATE Phone: 516-765-1800 /v'? $ ' "`0~.'y ?~~,--~_~9~--------- - FOR: " C~A'~SH BY: 0-efEkK G~ d o - TOWN OF SOUTH0LD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. V uil j~f7 p f SUB. LOT W : i ~ l 17 r WL- S / 6 A A P. FORMER OWNER N E ACR. S W TYPE OF B ILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS O O q e /S~{SOl -ern 7r~ GUl!//.~'L~~1 w~ stir C 2 - }o V9au(rnt r ,~Oa O~ s AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre tillable I Tillable 2 Tillable 3 j ll Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH YJ~ L)'"rk s 94 BULKHEAD /y06 Total DOCK - 9,00 r% Yv" 11tt10t1 Yw.f.)N-w yYYl YYry'I ~ p+.y...ly II 11 a0001 w,aYHO ,Y,+p q.•rJ nnwlw" ' 'c ~ ~ e~..:c .uweq ai...•S voi a~waad lo•a __w+aoa ' a~OH1~06 "6-' )10ddf s i0 A1Nno-, 7Q mqt - sN log na J 41 J ,1414 , / ? ? iM. ? 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S ~ Q °n ocl r °9 +,.`a pld5 ^ ?p14 / ST °ox .xs. e.f 9 S J 01 \z .vba' ~ L\ a ~ R ~ T £ o xfl ~ ~ ~ ('t°w q.°^ ZZ^ \p m oft ~ % 8 rto ari [ S9 a S~ S` 1 rix6f] Lf 'J ~ x R 'ON0J35 33S ? 'ON '10d 803 IpIVNT COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ROBERT J. CIMINO DEPARTMENT OF LAW COUNTY ATTORNEY DIVISION OF REAL ESTATE ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO: November 28, 1995 Bruce Campbeli 620 Meday Avenue Mattituck, NY 11952 Re: Tax Map No. 1000-113-10-No Number RJ Dear Mr. Campbell: Thank you for your letter of November 9th. Suffolk County does not presently own this parcel. The best way for you to get the section of Penn Avenue that abuts vour lot is to do the following: Ask the owners of all adjacent lots to Penn Ave., i.e., Lots 13; 12, 9 (you), 8.1, 15, & 14.1 to sign a petition asking the Town of Southold to abandon the road. When the abandonment is completed, you will get 251 to the west of your lot 9 and the owner of 8.1 would get 25' to the east of his lot. I hope this information is helpful to you. Upon receipt of your letter, we will again contact you. Very truly yours, Mar E. Tanner Auction, Sales & Affordable Housing Unit (516) 853-5940 MET:ddr Enclosure Tax Map AUCj22 168 NORTH COMPLEX (516) 863-5900 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YORK 1178"311 FAX IS 16) 853-5905 i I tL~r 5~+r~ ~ k E, ~ c >w9 ~ 1.~x~ fh+"„w 'r I + i ^f 55~~ { ,~x S ^'~Y Y r 5 t" C { Pr r t ' rv ' q AFPRO'?N. OF 1RIF 5OD-MOLp TMM XIAC'.CF P09 s ,Y. Y Pc' ]l3A9l OtW:N'P OF MAPPED PROP ETC YI1711itf T?r: :V t r ' " MN OF POMICLD ( r" t SCILC A Rv rie71, the l;r muo t u, n a' J ou:J.o1d Evftol; roars„ .rare of tl:w YOvk r .-ei ro•7 ra~_:.wea-'c ho -on it icato cl l.inndonrr ri u'Ir,,;.~ Ix. r:to The un 7ersigned, ASlIrcSOr' of -,ho wr. OI t.. `1N, Sufi Ik Crnmcl, Stata cf Noll 'IOrtr dnn coii,,rlt n1,J pY.r.vt Eno :mn<zed CetC ficl" of Abnntlonm~.nC, wni<n la r, 1,, lLl. •d. in rh" OfL'ic¢ of the suffoLk Counry 0A^rk. 1. J[Utt A 7.u5nall Yh CfT.11 01' NE'd 'tOFI I 4 ~OOiJ'I'~ 05 .UC=0Li1 SS.. On r Rda} ol: Qti I ty95 LmGUe me pSrs:cr 9, r~x A le as ::1 ro me )me tc he chr individual ddntr. b. V r: Erb 'ho xe ux d the foreyorn; Snctrumon C, and ~iknoilf/]c)b [Lilt -.e::c el ch? same. ~ ~ r ~MOOSRT I, SCOfT..A_ x NOTARY PUBLIC. ISla m N'l Nn. 4725089, Sc:'ak Cm -lj lwrm Fr.Drrq rJiY 14, 19;r{; t• d ~xA k ~y ls, 9 x 5 In either option you could choose to continue payments for three or more years until you decide to make the final payment or the loan is paid in full. It would be most appreciated if you could respond one way or another within ten days of receipt of this offer as }ace mould like to proceed with a subdivision of the entire site if you are not ' interested in a purchase. I would be most happy to meet with you either at my place or yours to discuss the details of an agreement. In addition it would be helpful for our surveyors to have a copy of your survey so they can get started on a new one once you decide to purchase this property. inc ely o Edward E. Wankel WHEREAS, the parties are desirous of relocating the lot line between the two 6 parcels which will result in Wankel parcel having a lot 244.70' x 172.96'(40,001.42 sq.ft.) and Wankel transferring to Moran 244.70' x 102.04' (23,599.36 sq. ft) THE PARTIES AGREE AS FOLLOWS: 1. WANKEL to deed 23,599.36 sq. ft. (Westerly 25 ft. of abandoned Penn Ave; 50 ft. Lot 94 and 27.04 ft. - easterly portion of Lot 95 - total 102.04' x 244.70' = 23,599.36 sq. ft) to MORAN after approval of Lot Change Applicationby the Planning Board of the Town of Southold, Suffolk County State of New York. 2. The parties approve the lot line change as set forth hereinbefore. 3. The reasons for the lot line change: In negotiating for sale of premises owned by Wankel, each proposed buyer seeks property which complies with all the requirements of zoning Code of Town of Southhold and is unwilling to agree to a higher selling price for excess property owned by Wankel, 244.70' and 102.04 ' Total 23,599.3.6 sq. fL Wankel, and Moran, owner of premises contiguous and east of Wankel property have explored the utilization of the excess area, 23,599.36 sq. fL ,owned by Wankel ' to develop the excess area and combined with the area owned by Moran 244.70'x 325' - Total 75,164.55 sq. fL for future development of parcel 98,763.91 sq. fL Sworn to before me this/-2- day of 1998. EDWARD WANKEL Notary Public 57 Harriet Rd, Bayport, NY 11705 Aurelius J Not . Sclafeaf a Public NYS Te Pres 0ustt31ll4f p . AND the party of the first part covenants that the whereby the said premises have been incumbered in aparty ay of the first rt whatever a ceptsasoafordone esaidr suffered anything Subject to the trust fund provisions of section thirteen of the Lien Law. The word party' shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WPI'NFSS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 3 6 5 tY 6 1 Y T ~1O)AM CERTIFICATE OF ABANDONMENT 'I PURSUANT TO NEW YORK REAL PROPERTY LAW 5335(3) LKOF K. CLEf I!( OF SUSi~OL SUFFOLK 00U. 4}, CHARLES MORAN, residing at 14 Pascack Road, Washington Township, New Jersey 07665, and EDWARD WANKEL and JUDITH GORDON WANKEL, husband and wife, residing at 57 Harriett Road, Bayport, New York 11705, for the purpose of abandoning and canceling the subdivision of a certain tract of land owned by them and hereinafter described, pursuant to New York Real Property Law § 353(3), do hereby certify as follows: 1. A certain map dividing such tract of land and other land situate in the Town of Southold, County of Suffolk, State of New York, into lots, plots, blocks or sites, with opened and proposed roads, entitled "Map of Tollewood° was filed in the Suffolk County C1erk'c OLfica on January 25, 1927 as Map No. 175; 2. More than twenty (20) years have lapsed since the filing of said map; 3. The tract of land which is to be abandoned and canceled, is situate in the Town of Southold, County of Suffolk, New York State and is a portion of the street known as Penn Avenue, more particularly described in "Schedule A" which is annexed hereto and made a part hereof; 4. CHARLES MORAN owns the property bounded by the portion of said street to be abandoned, being the same premises conveyed by deed dated 9/29/94 and recorded on 11/4/94 in the office of the Suffolk County Clerk at Liber 11701 Page 277 and filed on 11/4/94 in the Suffolk County Registrar's office in Torrens Title Document No. 436648, Certificate 27294. The portion of said street to be 12 84 0 ABS. Not V1110 Off 041995 abandoned, more particularly described in "Schedule B" annexed hereto and made a part hereof, is entirely within the bounds of the property to be abandoned, and such portion thereof is neither opened, nor public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest in any part of the subdivision; 5. EDWARD WANKEL and JUDITH GORDON WANKEL, husband and wife, own the property bounded by the portion of said street to be abandoned, being the same premises conveyed by deed dated 9/29/94 and filed on 12/5/94 in the Suffolk County Registrar's office in Torrens Title Document No. 437982, Certificate 154501. The portion of said street to be abandoned, more particularly described in ".Schedule C" annexed hereto and made a part hereof, is entirely within the bounds of the property to be abandoned, and such portion thereof is neither opened, nor public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest in any part of the subdivision; The undersigned do hereby ABANDON and CANCEL the subdivision of such tract of land described in "Schedule All, including a portion of said street known as Penn Avenue which shall no longer exist upon the approval and recording of this certificate. 7. A copy of this Certificate of Abandonment has been approved and endorsed by the Assessor of the Town of Southold. A copy of said endorsement is annexed as Exhibit A, and made a part hereof. 8. An abstract of title for the property to be abandoned covering a period of at least twenty years is annexed hereto as Exhibit B, and made a part hereof. Said abstract prepared by Chicago Title InsuranCc3 Company (No. 95-08-01331) ineiudas a tax search which states that are no unpaid tax liens against such property to be abandoned, and said abstract shall be submitted and approved by the Suffolk County Clerk when this certificate is presented for recording. IN WITNESS WHEREOF, this Certificate of Abandonment is made and executed this / day of _ja•-y 1995. n CHARLES MORAN / EDWARD WANKEL JUDITH GORDON WANKEL STATE OF NAuJP~~'1) COUNTY OF&ryPJJ ) SS.: On the2Dfw day of J4 ~y 1995, before me personally came Charles Moran to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ua?weYe~ Nuaar runic OF wEwJUiMr my COMUMM" WW"lowisIse? 'lvvi-L Ol. MX0Vj jC+s-e-() COUNTY OF &'iy A) ) SS. ~ On the,2> i day of Tay 1995, before me personally came Edward Wankel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY P'UKX OF KW Aft tY MY COMM"" E WMS MW A IW? STATE OF t'YwaclsN) COUNTY OF J~Pf9f W ) SS . On the.h'~ day of s< ' 1995, before me personally came Judith Gordon Wankel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOWtY PUBLIC Of NEW i0tBtY MY COMMMS" Da'YIEB NOK U,1BB7 SCHEDULE A BEGINNING AT THE CORNER formed by the intersection of the northerly side of Westphalia Road and the westerly side of Penn Avenue. THENCE northerly along the westerly side of Penn Avenue North 03 degrees 45 minutes 00 seconds East 244.70 feet; THENCE easterly North 74 degrees 41 minutes 00 seconds East 50.00 feet to the easterly side of Penn Avenue; THENCE southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet along the easterly side of Penn Avenue to the northerly side of Westphalia Road; THENCE, westerly along the northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 50.00 feet to the POINT OR PLACE OF BECINNING. SCHEDULE B BEGINNING AT THE CORNER formed by the intersection of the northerly side of Westphalia Road and the easterly side of Penn Avenue. THENCE westerly along the northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 25.00 feet to the center line of Penn Avenue; THENCE northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet along the center line of Perm Avenue; THENCE easterly North 74 degrees 41 minutes 00 seconds East 25.00 feet to the easterly side of Penn Avenue; THENCE southerly along the easterly side of Penn Avenue South 03 degrees 45 minutes 00 seconds West 244.70 feet to the northerly side of Westphalia Road and the POINT OR PLACE OF BEGINNING. SCHEDULE C BEGINNING AT THE CORNER formed by the intersection of the northerly sid of Westphalia Road and the westerly side of Penn Avenue. THENCE northerly North 03 degrees 4S minutes 00 seconds East 244.70 feet along the westerly side of Penn Avenue; THENCE easterly North 74 degrees 41 minutes 00 seconds East 25.00 feet to the center line of Penn Avenue; THENCE southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet along the center line of Penn Avenue to the northerly side of Westphalia Road; THENCE westerly along the northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 25.00 feet to the POINT OR PLACE OF BEGINNING. t I APPROVAL OF THE SOUTHOLD TOWN ASSESSOR FOR ABANDONMENT OF MAPPED PROPERTY WITHIN THE TOWN OF SOUTHOLD I, Scott A. Russell, the Assessor of the Town of Southold, Suffolk County, State of New York, have examined and reviewed the Certificate of Abandonment annexed hereto. The undersigned, Assessor of The Town of Southold, Suffolk County, State of New York, doe hereby consent and approve the annexed Certificate of Abandonment, which is to be promptly filed in the Office of the Suffolk County Jerk, Scot A. Russell STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the-.-'day of 1995, before me personally came Scott A. Russell to me known to be the individual described in and executed the same. who executed the foregoing inst7ZCOTT. knowledged that he JR. NOTARY PUBLIC, State of N.Y. No. 4725089, Suffolk County Term Expires May 3j.19 Saa~ 1dIFE-1 enrv .floe . cre aTj- sLLSi u 'sio.n * I v ~te wood ~p S IkAIL,~ o~cc~r2c{. Y y - Cj w. qss u~.-~.a~ 6 liaS u C.t~ I If ~/,%1 Sec c~/ Jades S. hrco •v^r ~d~0 ~J~ aa,4~iv.n $nJ~ ~(~i o-C~ ~f1 ~NIN J}JC 1. Z IJ~'S\ 40i vw •p c.ki 'E'esa , b.r! .t:~N :.i .,~13fVV ~ar4~ ob i N $u; v 7 nY X13 - lo_ r4.1 owrn(r9 /(o/ CL.sn /~ora~ S Cl acye-_$ y b 1_(_J qy~/zGX. 3 3 aces Vl t13 - 1U 1S OWrod o M- / 1 v, ? 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IF 08/0111555 08: 54 51c47503E1 BESO PA~3E X31 ~b, (creoxz, ms BURTON BENRENOT SIV ITH 24= =_AST MArv S-:•E= O'C.,ALLAGHAN P. C. PATZ;-:CGL_5' N:E'w YORK 772 s (5'+?; a7_-J3a_ -X CE' E; a75 =E. CHAFL_°S G. EURTCV, L.S. E )JGINEEFtS -'AMc_i E. e =EVC-. A -ICHITECTB =D-=a SM T- A t E .JRVEY0RG A^~ES w OOAO~ GHAV, F @ Fwsa4cea~ ~rtrb ~ee•.cot~ ~Coon~y--tC FAX COVER SHEET ctbarl~n f ~cweut2/ l.is cliaYp'1"'~~,)4,e s ubal a;~Q \ar~ ~ii"3•~~o-14.1~ i5 a('inn~"vr"~p 3 (t~4s, 6Je ~iSCUSSea ~+rou.~re. Glues~b,.o:5 (01 195 '40~1c4ee i%As must lw vrery& b.jCor. s,la~iJ DATE: -b le reo'w x& u,F"- tare;A o•F . ` TO: R/cHA,eD Wg4D 1 AT: -*WAI oG Sourfio~o P~4i?AlI!?!a FAX No.: -745 - 3 / 3 4, FROM: ? C. Burton ? J. Behrendt ? R. Smith ? J. O'Callaghan ? L. Salvesen ? F. Seeba ? P. Sullivan ? V. Bobelis J~ At. RF.4p RE: 494AIDOAldIEAI7 DG > •cl.J , /hV777T1/5 BBSO REFERENCE NO.: 95-Z3:7- NUMBER OF PAGES TO FOLLOW: ? For your use ? As requested ? For review and comment REMARKS: Gtr 1 wishes ~v A~ A scrJrl> &477j9AI 06 fi-AJAI 4L4~f ,BE7 O&I 4A1Lp.5rA{g41A 41A)Z7 /hED.4~1 iN 0097-rMICA . ZZ oa THE ,&jn/a0A/fg~T: «G y~0 7n 97951 LOfJ~DAV-//3-/0-/5 , 1'_ 7V 7,ply L?L-_ -/a-14. AW Ale IS ,(Icr vAW AK 77#,5 r71*VK y°0 - CC: FAX NO. I F IFYOU DO NOT RECEM ALL PAGES OF TffiS TRANSM WTON, P AT (516) 475.0349 (TELEPHONE) OR (616) 475-0861 (FAX). ` e TOWN PLANNING BOARD 'c 1M'OD~ /9-/0 ~VY1I~ Vr ~1VV~rlvrr r....r....... _ SUB. LOTS . I t- OWNER STREET h YOCYiC)7 VILLAGE jACIR. Inl~Si PdpL/n D• N ~t E T C FORMER OWNER YPE OF BUILDING S W T RES. SEAS. FARM COMM. CB. MISC. Mkt. Value _ LAND IMP. TOTAL DATE REMARKS C,, T-~~~- _ ~nd t} B9 59 i Q -L ? I a7 - rai ^~c o Moran az_ GmG ZZ00 ~ ~ 0 0 o trio E r CON~%% b NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 s Woodland FRONTAGE ON WATER Swampland FRONTAGE ON ROAD- - Brushland . DEPTH ~JZ House Plot BULKHEAD SO 7 3P' I O SD { DOCK O 3 fo° r 5 Total U L.1444f2oV&A S r) S g9y i Tot -m- IST. SUB. LOT ER STI2 q' EST ERN , ~ ~a"r ~ ~ . f FORMER OWNER aF - N h, y E ACR. ~Y6 (o _w S W TYPE OF BUILDING 2E . SEAS. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TAL DATE REMARKS ` ' 3 3 2 09 v ~b ? AGE ONDITION ' NEW NO ABOVE FARM A Value Tillable I.~ x 5 Tillable 2 ; e Tillable 3, Moodland iwam 1d` " FRONTAGE ON WATE ~P 3rushlori FRONTAGE 0 -louse P(o~ bEPTH t STREET _ PAI FORME OWNER N E ACR. -r-3 S W TYPE OF BUILDING RES. SEAS. VL C FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOT A DATE REMARKS Co 10 0 0o v AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Vale Per Value cre Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 1 Q Lp~- House Plot DEPTH yjy BULKHEAD Total DOCK AURELIUS J. SCLAFANI Attorney at Law 50 Hampton Street Sayville, New York 11782 (516) 589-3799 December 21, 1998 Planning Board Office Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Lot Line Change - Wankel-Moran SCTM9 1000-113-10-14.2 and 15.1 Gentlemen: I enclose certified copy of Deed dated November 12, 1998, recorded in Deed Liber 11933 page 527 on December 11, 1998, Suffolk County Clerk's Office, which Deed transferred premises described in and included in the Chairman's letter dated October 27, 1998, copy enclosed, re: Lot Line Change for Wankel/Moran which letter directed submission to you of recorded Deed. Please note that Deed was executed by each of the parties and also reflects the metes and bounds description after the lot line change and premises conveyed by said Deed as follows: 1. The reapportioned Wankel property. 2. The reapportioned Moran property. Please confirm completion of all requirements and advise me if there are any open items to complete this Lot Line change in accordance with Resolution adopted by the Southold Town Planning Board on October 26, 1998. DEC 22 1998 Southold Town Planning Board Page Two Thank you for your help. Very truly yours, ALIRELIUS J. SCLAFA I AJS:ck Encs. cc: Edward Wankel and Judith Gordon Wankel, his wife 57 Harriett Road, Bayport, New York 11705 Charles Moran 14 Pascock Road, Washington Township, N.J. 07665 - ,•!o; • 6ai g:in and Safc ) ~ccd, wish Cove n. nr against Grade ,-1odi6dm1 or Corporation. • , CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. v THIS INDENTURE, made the 2. day of Ne:~•• ==ry' nineteen hundred and ninety-eight BETWEEN EDWARD WANKEL and JUDITH GORDON WANKEL, his wife, residing at 57 Harriett Road, Bayport, New York 11705 party of the first part, and CHARLES MORAN, residing at 14 Pascock Road, Washington Township, New Jersey 07655 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($10 .0 0 ) dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being *X99 at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Westerly 25 feet of abandoned Perin Avenue, Lot 94 comprising 50 feet anpeasterly 27.04 feet of Lot 95 on a certain map entitled "Map of Tollewood" and filed in the Office of the Clerk of the County of Suffolk on January 25, 1927 as Map Number 175, more particularly described as follows: BEGINNING AT A POINT on the Northerly side of Westphalia Road Distant 298.96 feet from the intersection of the Northerly side of Westphalia Road and the Easterly side of Cox's Neck Lane; Thence Northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet; Thence Easterly North 74 degrees 41 minutes 00 seconds East 102.04 feet; Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 102.04 feet to the POINT OR PLACE OF BEGINNING. This conveyance is pursuant to Resolution of the Southold Town Planning Board included in Minutes of Public Hearing held October 26, 1998 which approved lot line change of property line of Edward Wankel and Judith Wankel, the grantors herein and Charles Moran, the grantee herein. Being and intended to be part of the premises conveyed to the grantors herein by deed filed December 5, 1994 and registered under Torrens # 852-2031, Document # 437982, New Certificate # 154501 and the westerly one-half of Penn Avenue abandoned by the Town of Southold, Certificate of Abandonment filed October 4, 1995 in the office of the Clerk of Suffolk County, reference 3651CTF No. and 12840 # ABS No. This conveyance resulted in reducing the 63,601 square foot Wankel parcel by 23,600 square feet and adding said 23,600 square feet to the 75,165 squ=re foot Moran parcel. Based upon the lot line change herein, the reapportioned Wankel property designated as Lot A on plot dated August 10, 1998, based upon survey dated May 25, 1995 by Burton Behrendt Smith, P.C. (File No. 95-237) more particularly described as follows: BEGINNING AT A POINT on the Northerly side of West Phalia Road Distant 126.00 feet from the intersection of the Northerly side of Westphalia Road and the Easterly side of Cox's Neck Lane: i Thence Northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet Thence Easterly North 74 degrees 41 minutes.00 seconds East 172.96 feet; Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 172.96 feet to the POINT OR PLACE OF BEGINNING. Wankel - Now SCTM 1000 - 113 - 10 - 15.1 The Moran reapportioned property designated as Lot B on plot dated August 10, 1998 based upon survey dated May 25, 1995 by Burton Behrendt Smith, P.C. (File No. 95-237) more particularly described as follows: BEGINNING AT A POINT on the Northerly side of West Phalia Road Distant 298.96 feet from the corner of the Northerly side of Westphalia Road and the Easterly side of Cox's Neck Lane; Thence Northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet; Thence Easterly North 74 degrees 41 minutes 00 seconds East 427.04 feet; Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 427.04 feet to the POINT OR PLACE OF BEGINNING. Moran - Now SCTM 1000 - 113 - 10 - 14.2 The Moran reapportioned property being and intended to be the premises conveyed to Charles Moran by deed filed November 4, 1994 and registered under Torrens # 852-2031, Document # 436648, New Certificate # 154255 and the easterly one-half of Penn Avenue abandoned by the Town of Southold, Certificate of Abandonment filed October 4, 1995 in the Office of the Clerk of Suffolk County, reference 3651CTF No. and 12840 # ABS No. and also the premises conveyed herein as set forth hereinbefore. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. 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 p4dy d thisthe d and year first above i written. IN PRESENCE OF: /EDWARD WANKEL, Grantor and Fee Interest reapportioned Lot SCTM 1000 - 113 - 10 - 15.1 UDITH GORDON WANKEL, Grantor and Fee Interest reapportioned Lot SCTM_ 10- GOO - 1 131/7" 10 - 15 . 1 CHARLES MORAN, Grantee and Fee Interest reapportioned Lot SCTM 1000 - 113 - 10 - 14.2 STATE Of NEW YORK, COUNTY O Ic- SI: STATE OF N ~RK. COUNTY OF f•= ~K 5~~~•n~ aE On the /,L day of /~o/F nip rc- 19`3r , before me On the I 'Y' day of /?o < ^is 199S , before me personally came ~a e_n wr, ~s >a kn personally came e N nE _ra » z. ;jvh1YN E7UEZ.p Yrq?t-7,c to me known to be the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that 1Mol executed the same. /4F executed the same rebus J. Sclsfani cl Notary Public NYS Reg, flureGus J. Sclafnni Suffolk CTS 815185 Public NYS Ra8 Tenn Expires q~5185 Suffelk CT 888518 August 3l ' Tenn 5 °v Expires quCust 3 t, aqt,U STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF u; On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of the corporation described the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order, tion, and that he signed h name thereto by like order. Wargain anb Oale Oeeb sEertoN s'~ T WITH COVENANT' AGAINST GRANTORS ACTS TITLE No. slots 113 t-OT / O YD~ nF+a "A p COUNTY OR TOWN SCrvTNRt-A .TE-'~fTiJ' ~U2D 0... hNgrM-R~l i~vff"`'y' G.~u~Y To n RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS /I~QF~r~S' ^1 1LFf1 fpm I r`p~i Distributed by S ry r-/-p m ~~n•+~ S}~F~~"`c'am SECURITY TITLE AND GUARANTY COMPANY L A~ v, . s. l/? t L Zip No. ill: us iV LL O et z a C O 2 BE U. O W N 0 Q LL V N N_ S H W Us W N W BOXES 5 THRU 9 MUST BE TYP R PRINTED IN BLACK INK ON MRIOR TO REC,$)RDING OR FILING. f~' 1 SUFFOLK COUNTY CLERK 3 LP# 11~33P~52'7 A o ' 1°Q s _ 98 DEC I i AM 10: 27 Number ofpagC9 f' i ~~~~'rli TORREN4 ( SL'FFGLKiCGllNTY Serial # s ' S is s Certificate # Prior # ~ Deed / Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Mortgage Amt. _ Page / Filing Fee r- 1. Basic Tax Handling 2. SdNYMA TP-584 1 Sub Total Notation Sub Total 3. Spec./Add. _ EA-5217 (County) EA-5217 (State) f / TOT. MTG. TAX cC!!7~lhy RP.T.S.A « Dual Town -Dual County _ Held for Apportionment w Comm. of Ed. 5 ._00_ P~i3 _ - a 4ti_ =S~ Transfer Tax MO<<~\ Affidavit Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy Sub Total _ family dwelling only. YES - or NO Other GRAND TOTAL H NO, see appropriate tax clause on Page # of this instrument. 5'+ k. Real Property Tax Service Agency Verification 6 Title Company Information 1 Dist Section Block Lot 3c~') j el 00 003 "Slam Company Name Title Number 7 FEE PAID BY: n S r. rs 7 Cash Check- Chargc r V '1~rz V j S~ /in. Payer same as R& R_ OR 8 RECORD & RETURN TO 9 Suffolk County Recording & Endorsement Page This page forms part of the attached b~ made by: (Deed, Mortgage, etc.) Cr) ...fvf k, 1 r-A P_r' 6,--c The premises herein is situated in SUFFOLK COUNTY, NEW YORK. wca:y ldii W i v TO In the TOWN of S o v D C. .t n F-~v~s' tl. 0 2>a N In the VILLAGE or HAMLET of h -r r I eF A ~.ne Standard N. Y. B. T. U. Porto 8007 Bargain and Sale Deed, with Covenant against Grantor's Acts-Individual or Corporation. CONSULT YOUR LAWY FORE SIGNING THIS INSTRUMENT-THIS INSMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 2-Y day of nineteen hundred and ninety-eight BETWEEN EDWARD WANKEL and JUDITH GORDON WANKEL, his wife, residing at 57 Harriett Road, Bayport, New York 11705. i-R,a..--.rt_ rt .-~tz c~ f~9vva.~-.:~ 7 -'V, i._r.^ 1 f-."p; .~3 / 11ii 1 R'/'FJ?,{7 fl C c) F--s r rz» N r-z,-_ i,.: n,{=Tat=''t party of the first part, and CHARLES MORAN, residing at 14 Pascock Road, Washington Township, New Jersey 07665 "6/ru $s -1 'i I I -6.:. .ten F7 aw n."iz cr c - M1 .~Cb~;>a.: ~..r ri}-t _ party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($10.00) dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or f successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being*xft at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Westerly 25 feet of n"n abandoned Penn Avenue, Lot 94 comprising 50 feet anpeasterly 27.04 feet of Lot 95 on a certain map entitled "Map of Tollewood" and filed in the Office of the Clerk of the County of Suffolk on January 25, 1927 111 as Map Number 175, more particularly described as follows: BEGINNING AT A POINT on the Northerly side of Westphalia Road Distant 4 298.96 feet from the intersection of the Northerly side of Westphalia Road and the Easterly side of Cox's Neck Lane; Thence Northerly North 03 degrees 45 :minutes 00 seconds East 244.70 fec Thence Easterly North 74 degrees 41 minutes 00 seconds East 102.04 feel Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 102.04 feet to the POINT OR PLACE OF BEGINNING. This conveyance is pursuant to Resolution of the Southold Town Planninc Board included in Minutes of Public 'clearing held October 26, 1998 whicr approved lot line change of property line. of Edward Wankel and Judith Wankel, the grantors herein and Char L s ',_ran, the grantee herein. Being and intended to be part of Lhc _r.-irlises conveyed to the grantors herein by deed filed December 5, 1'-' <-v registered under Torrens # 852-2031, Document # 437982, ^aeca '^=.rtizicate # 154501 and the westerly one-half of Penn Avemie n%:oned by the Town of Southold, Certificate of Abandonment file:' 4, 1995 in the Office of the Clerk of Suffolk County, refarenc- 3651CTF No. and 12840 # ABS No. This conveyance resulted in reducin.x the 63,601 square foot Wankel parcel by 23,600 square feet anc'l ad.-ling said 23,600 square feet to the 75,165 square foot Moran parcel. Based upon the lot line change herein, the reapportioned Wankel property designated as Lot A on plot dated August 10, 1998, based upon survey dated May 25, 1995 by Burton Behrendt Smith, P.C. (File No. 95-237) more particularly described as \1 follows: I` r BEGINNING AT A POINT on the Northerly side of West Phalia Road Distant 126.00 feet from the intersection of the Northerly side of Westphalia Road and the Easterly side of Cox's Neck Lane: I Thence Northeo North 03 degrees 45 minu 00 seconds East 244.70 fee Thence Easterly North 74 de4rees,41 minutes 00 seconds East 172.96 feet Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 172.96 feet to the POINT OR PLACE OF BEGINNING. Wankel - Now SCTM 1000 - 113 - 10 - 15.1 The Moran reapportioned property designated as Lot B on plot dated August 10, 1998 based upon survey dated May 25, 1995 by Burton Behrendt Smith, P.C. (File No. 95-237) more particularly described as follows: BEGINNING AT A POINT on the Northerly side of West Phalia Road Distant 298.96 feet from the corner of the Northerly side of Westphalia Road and the Easterly side of Cox's Neck Lane; Thence Northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet; Thence Easterly North 74 degrees 41 minutes 00 seconds East 427.04 feet Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 fee to the Northerly side of Westphalia Road; Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 427.04 feet to the POINT OR PLACE OF BEGINNING. Moran - Now SCTM 1000 - 113 - 10 - 14.2 The Moran reapportioned property being and intended to be the premises conveyed to Charles Moran by deed filed November 4, 1994 and registerer under Torrens # 852-2031, Document # 436648, New Certificate # 154255 and the easterly one-half of Penn Avenue abandoned by the Town of Southold, Certificate of Abandonment filed October 4, 1995 in the Offi(_ of the Clerk of Suffolk County, reference 3651CTF No. and 12840 # ABS No. and also the premises conveyed herein as set forth hereinbefore. TOGETHER with alllpht, title and interest, if any, of the party 0* ,e first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NNE'W YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) D DEEDEB ~IJ T ATTPAGE E C AJPARED TRECORDEDD COPY Of AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. a IN TESTIMONY WHEREOF, I HAVE HEREU TO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS//J'f DAY OF ljld yZ&r- 199?j 'L~ or A. CLERK 12-0166.M5Cs CHARLES MORAN, Grantee and Fee Interest reapportioned Lot SCTM 1000 - 113 - 10 - 14.2 STATE OF NEW YORK. COUNTY OF .>.,~F ss: STATE OF NEW YORK, COUNTY OF u: On the l 1- day of / V' " !z 19'X , before me On the j 0 Of /?p= 19'~ S , before me Cq personally came n'e 'personally came c• 14 ftcc,-r_s to me known to be the individual'; described in and who to me known to be the individual described in and who M executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that ;Nky executed the same. pat_ executed the same. 7 r nUfGIiUS hbtaryPubbcScla,'ani a.r;;ips,i. Sc, Sulfnik N/s Reg. 1'ato v PF: , aaa Tenn f: C78865185 5185 rcAl SR q." hPir3s I • C...;8RF ' q 31 -c-o T•-fin Ex;,~res Auipcst `t', ~rx,. STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of the corporation described the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order, tion, and that he signed h name thereto by like order. Vargain anh *aIr Brrb sEerraN s T / WI III COVFNAN'I' AF,AINSI CRANIOR'S ACTS TITLE No. BLOCIC 1 1 '3 t-e'r 10 . t COUNTY OR TOWN scn UrNa"j,' ~vn,~r7^I <i c,zD Wv°F r-K-rK. 1'O RETURN EY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS I)w'I"a"I by e, SECURITY TITLE AND GUARANTY COMPANY foy~r~~s ny //?e z Zip N.. V O 2 D C 2 K W 0 N_ 0 W V Q 6 vF N_ . f W 1 N K ~ r. AURELIUS J. SCLAFANI Attorney at Law 50 Hampton Street Sayville, New York 11782 Tel: (516) 589-3799 Fax: (516) 588.3001 November 13, 1998 Planning Board Office Town of Southold 53095 Main Road - Town Hall Southold, New York 11971 Re: Proposed lot line change for Wankel-Moran SCTM 1000-113-10-14.2 & 15.1 Dear Sir/Madam: In compliance with letter dated October 27, 1998, copy annexed hereto, I enclose copy of executed deed dated November 12, 1998 for your review prior to recording same. Please note the deed conveyed a part of Wankel property to Moran and also describes Lot A, the reapportioned Wankel property and Lot B, the reapportioned Moran property. Please confirm that the deed complies with the conditions in your letter dated October 27, 1998 and I will thereafter record same through Torrens System if such is required by the County Clerk and Registrar. I enclose self-addressed stamped envelope for your return of copy of this letter khd biting compliance with Planning Board Resolution October 26, 1998. Thank you for your help. Very truly yours, AJS: es Au~s fani encls. Deed dated Nov. 12, 1998copy enclosed satisfies all requirements of Southold Town Planning Board Resolution adopted October 26, 1998. o_ NOV 16 1998 Southold Town P- tanning Board AURELIUS J. SCLAFANI Attorney at Law 50 Hampton Street Sayville, New York 11782 Tel: (516) 589.3799 Fax: (516) 5883001 November 13, 1998 Planning Board Office Town of Southold 53095 Main Road - Town Hall Southold, New York 11971 Re: Proposed lot line change for Wankel-Moran SCTM 1000-113-10-14.2 & 15.1 Dear Sir/Madam: In compliance with letter dated October 27, 1998, copy annexed hereto, I enclose copy of executed deed dated November 12, 1998 for your review prior to recording same. Please note the deed conveyed a part of Wankel property to Moran and also describes Lot A, the reapportioned Wankel property and Lot B, the reapportioned Moran property. Please confirm that the deed complies with the conditions in your letter dated October 27, 1998 and I will thereafter record same through Torrens System if such is required by the County Clerk and Registrar. I enclose self-addressed stamped envelope for your return of copy of this letter iSndcating compliance with Planning Board Resolution October 26, 1998. Thank you for your help. Very truly yours, AJS:es Au el~sfani encls. Deed dated Nov. 12, 1998copy enclosed satisfies all requirements of Southold Town Planning Board Resolution adopted October 26, 1998. Southold Town Planning Board 15 October 26, 1998 Hearings Held Over From Previous Meetings: Mr. Orlowski: Wankel - Moran - This lot line change is to subtract 23,600 square feet from a 63,601 square foot parcel, and add it to a 75,165 square foot parcel. SCTM# 1000-113-10-14.1 & 15. Melissa Greenburger; Good evening ladies and gentlemen. My name is Melissa Greenburger. I'm an attorney appearing of counsel to Aurelius Sclafani and (inaudible), 3330 Veterans Memorial Hwy., Bohemia, NY, on behalf of Edward Wankel. It is my understanding that this carried over from the last meeting and Mr. Wankel is present and I'm wondering if you have any questions for him, or what the status is, what the investigation was. We're here to answer any questions that you might have. Mr. Orlowski: I think the question that was brought up was how you were able to get the lot line changes, but I think it's all been answered. We talked with the assessor. Bob, do you want to bring us up to date on that. Mr. Kassner: I talked to Scott Russell, the assessor, and he assured me and he showed me the documentation that the transfer of Penn Ave. is proper and so forth, so that issue is not alive anymore. Mr. Orlowski: So our question was answered. Are there any other comments and questions on this change? Bruce Campbell: 620 Meday Ave., Mattituck. I only have one question. How was the Penn Ave. issue solved so easily, and why? Mr. Kassner: Are you addressing me? Mr. Campbell: Yes. Mr. Kassner: Well, it wasn't solved so easily and it wasn't solved recently. Scott Russell showed me documentation that he signed about a year or so ago transferring... the road was abandoned and acquired by the adjacent property owners, properly and legally and he signed off on it for the Town and assured us that it was a proper transfer. Mr. Campbell: And his assurance is the proper way of a dissolution of a paper road? Southold Town Planning Board 16 October 26, 1998 Mr. Kassner: Yes. Mr. Campbell: So, your tax assessor normally signs off on paper roads being dissolved? Mr. Kassner: He's one of the persons to sign off. And obviously there was a legal deed transferred to the property owners. Mr. Campbell: Are there any other criteria in the Town Code that are required for a paper road to be abandoned, such as maybe the Highway Department survey, seeing if it's really necessary or not? Let's say notification of the other properties abutting that paper road? A signature of the Highway Supervisor saying that it's not necessary, etc.? None of those things are required? Mr. Kassner: I spoke with the Highway Superintendent Ray Jacobs... Mr. Campbell: Well, I'm talking about the law, I don't mean to interrupt, sorry. Mr. Kassner: I would defer to the Board then, I guess. Mr. Campbell: like the law, the Town Codes. Mr. Orlowski: What did Mr. Jacobs tell you? Mr. Kassner: Ray Jacobs said as far as his conversation with Scott Russell it was transferred by quit claim deed in a legal and a proper manner. Mr. Campbell: OK, they said that. That's great. Did anyone confirm with your Town Attorney, Greg, by any chance, to see if it was done legally? Did anyone do that? Mr. Kassner: Scott Russell assured me that he had investigated the issue at the time a year and a half ago. Now, who he spoke to at the Town Attorney at that time, we do not know. Mr. Campbell: OK, well generally I don't just take people's word for things. Mr Kassner: Well, he had a signed document. Mr. Campbell: Well, I know that. We can sign documents, sure. But did It follow the letter of the law for the dissolution of a paper road in the Town of Southold Town Planning Board 17 October 26, 1998 Southold, that's all I'm asking. Mr. Kassner: Yes, he assured me it did. Mr. Campbell: OK, he assured you. OK, fine, thank you. Laurie Wells: My name is Laurie Wells and my property will abut their property. I am also contiguous with the paper avenue. As a homeowner, I was never notified of it being abandoned nor...there was no deed given to me by any Town giving me this property that was abandoned. Mr. Kassner: Your portion of the road I think hasn't been abandoned. It's only the portion that Intruded between Moran and Wankel. Ms. Wells: OK, then why? Because my road, Meday Ave. is an unimproved road, so basically it's residents only. I don't understand why part of it which would be the access way to get in, if anything was ever developed through that past behind my other neighbor north of there, why only half a road? Mr. Kassner: I think Mr. Wankel's attorney or Mr. Wankel himself can explain the early decisions regarding this road. Ed Wankel: We made application only to abandon the portion of the road that abutted our property because I believe we had no rights to abandon that other portion. Our neighbors to the back, I'm sure can make the same kind of application and this Board would entertain that application. I don't see any need for a cross street. I don't think we would want a cross street going through there anyway. That would only incur more traffic on that back road. But, the other neighbors can make the same application I assume. Bruce Campbell: Yeah, we can do that but we would probably do it through the proper procedures that are followed by everybody else that lives in this town. And if you're telling me that the way this was done was the proper and correct way for the disolvement of a paper road, then something is really wrong here because you're just taking a piece of a paper road and just wiping it out. What does that make the rest of the road. Useless? Is that a road anymore? It just ends there. That really sound incorrect both from common sense and probably through your own statutes that you have here in the town that you're supposed to follow, So, if you're disregarding all this and going ahead with this anyway and approving it, then you're probably making a big mistake. If everyone could • • Southold Town Planning Board 18 October 26, 1998 just do that and abandon a piece anywhere they want, won't that be very chaotic. I think you should really think about it before you decide pro or con for this Issue. Because somewhere down the line it's going to have to be answered, the questions that I'm asking here will have to be answered to my satisfaction if not everyone else's here, and this seems like the proper forum to decide this issue right here and now, so think about that before you make a decision. Howard Wells: Howard Wells, Mattituck. I'm just curious, there's a 7.7 acre piece to the north end of Penn Ave. Is there any other access to that piece? You can't use Meday, there's a 40 foot r-o-w. Penn Ave. is a 50 foot. I believe that's required. Mr. Orlowski: That's accessed off of Cox's Lane. Mr. Wells: Yeah, but it's also built all along Cox's Lane. Mr. Orlowski: Well, it shows access on the tax map right now. This is also a paper street on the other side I assume, right? Right now, Penn Ave. Mr. Wells: Yes. It's from Westphalia to that 7.7 acre. Mr. Orlowski: Well, unfortunately, years ago these paper roads were cut out and put on subdivision maps and then the developer usually walked away and never paid the taxes. And back then It was I guess first come, first served. But now the Town has pretty much an agreement with the County, they get first option on anything that comes up on a tax sale. Because It's almost Impossible for the Town to even know that that was done that way. But, talking with Scott Russell and I questioned it also like all of you did. At that time with his discussion with the Town Attorney at that time everything was done legally and by the book and it's done and over. There's no way that I can see going after it or... Mr. Wells: You say there's access on Cox Neck Rd. I don't see any, there's houses all along there. Mr. Orlowski: (Change tape). Well, all I can say is if there are houses built there now then they've cut off their own access, and If they don't have access then there's nothing going to happen over there. Mr. Wells: In other words, in back of those houses built on Cox Neck - they're landlocked? Southold Town Planning Board 19 October 26, 1998 Mr. Orlowski: If there are houses there now, yes. It's all one piece. It shows on the tax map as one piece. Seven acres. Mr. Ward: How many houses are on it? Mr. Wells: Three or four along Cox Neck Rd. Mr. Ward: Well, there are houses along Cox Neck but are they all on that seven acre piece? Mr. Wells: I don't know (inaudible) Mr. Ward: There are a whole bunch of lots along there on Cox Neck and there may be a house on the seven acres but all along Cox there's other houses and lots. That's the way the tax map shows it. Mr. Orlowski: All we have to tell you at this time...l mean we have to look at it as done legal and by the book and there's not much this Board can do. Mr. Campbell: Yeah, but after what I said last time, did you bother consulting the Town Attorney? Mr. Orlowski: Yes and the Town Attorney... Mr. Campbell: And he said? Mr. Orlowski: At the time this was done the Attorney who was responsible for this ...I mean it doesn't make this illegal. This was done back a year and a half, two years ago whenever the other attorney was there. And with the assessor and the Town Attorney at that time, it's what we have to go by. Ms. Wells: I did speak to Ray Jacobs and he had no knowledge of this originally. How come now Mr. Orlowski: It's a paper road. It's not a Town street and it was never ever taken over the by Town. When the subdivision is approved, it's approved with that paper road in it and it's looked at by the Planning Board if more development occurs if we use that paper road to make that developer construct that road to Town specs to be taken over by the Town. In this case, to be perfectly honest, there's no way I can see that that road would ever have to be built for any reason. Ms. Wells: Correct. Southold Town Planning Board 20 October 26, 1998 Mr. Orlowski: So, it wouldn't have done any good to leave it a paper road. And probably if the Town was offered that they wouldn't have taken it anyway. So, It's just something that was done, and It's happened. If it was something that we would have looked at for a type of access to more subdivision of land, then maybe there was something we could do to improve the life and safety issue. But in this case it doesn't do that. Mr. Campbell: One last question. Aren't paper roads dissolved as a full entity, not piecemeal? Mr. Orlowski: Paper roads are part of the original subdivision, but they also have their own tax bills. Mr. Campbell: Have you run across a lot of paper roads that have been piecemeal dissolved or are they mostly full entities? Mr. Orlowski: After talking with the assessor I understand that there have been quite a few of these old paper roads. You've got to remember, back then quarter acre was the lot size and left a lot of paper roads for a lot of small lots. In this case actually the applicant is making the lots bigger than presently exist there, so we also have to look at that. We're not trying to get the quarter acre lot out of it anymore. Mr. Campbell: But has it happened a lot that paper roads have been just one piece of them has been dissolved, making the rest of it not a road. Has that happened before? Ms Spiro: Yes, especially where there are two owners that are similar on either side of the right-of-way. Mr. Campbell: And that's happened before, without notifying any of the other abutting properties? Ms. Spiro: I believe it's happened in the same way that this has happened. They go to the County and file whatever and the assessor signs off. I've seen it before. Mr. Campbell: You have? I'll take your word for it. Mr. Latham: Could we get a written thing from the assessor saying... Mr. Ward: He already signed off on it. 0 • Southold Town Planning Board 21 October 26, 1998 Mr. Latham: In writing? Mr. Ward: Yes Mr. Latham: Where is it? Mr. Orlowski: We have it. It was a good question but I can't give you a good answer back, except that it was done proper. Mr. Campbell: Alright, thank you. Mr. Orlowski: Any other comments or questions while the hearing is still open? Hearing none, I'll entertain a motion to close the hearing. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? Motion carried. Does the Board have a pleasure? Mr. Edwards: Mr. Chairman, I'd like to entertain the following motion. WHEREAS, Judith and Edward Wankel are the owners of the property known and designated as SCTM# 1000-113-10-15.1; and Charles Moran is the owner of the property known and designated as SCTM# 1000-113-10-14.2, located on Westphalia Rd. in Mattituck; and WHEREAS, this application for a lot line change is to subtract 23,600 square feet from a 63,601 square foot parcel, and add it to a 75,165 square foot parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on September 14, 1998; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and Southold Town Planning Board 22 October 26, 1996 WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York, on October 26, 1998; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated August 10, 1998, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution: New deeds reflecting the lot line changes must be filed for all parcels involved. Copies of the recorded deeds must be submitted to this office. Mr. Latham: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? Mr. Ward: Abstain. Mr. Orlowski: One abstention, Mr. Ward. Motion carried. Mr. Orlo is Jimbo Realty Corp. - This propose plan is for a 34,200 square foot service dry storage buildin • , 50 square foot residence, and a 5 square foot o uilding on a 2.9 acre site on Rt. 48 (a.k.a. North Rd., a Rd.) ' outhold. SCTM# 1000-59-4-8 & 9. Mr. Ward: Mr. Chairm d like t r the following resolution. Be it resolved that the hold Town Plannl oard hold the hearing open until June 14, 199 sed on a letter from the ap ' nt dated October 14, 1998. The he ng will resume upon written notification fro applicant and be subject to all Town Code requirements at the time of resu on of the hearing. Southold Town Planning Board 5 October 5, 1998 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated December 4, 1996, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution: 1. The merger of 20,860 square feet from a 22.1428 acre parcel SCTM# 1000-18-4-7 with the 18,018 square foot parcel SCTM# 1000-18-4-5; and 17,655 square feet from the same 22.1428 acre parcel SCTM# 1000-18-4-7 with the 17,632 square foot parcel SCTM# 1000-18-4-6. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Mr. Orlowski: 7:35 p.m. Wankel - Moran - This lot line change is to subtract 23,600 square feet from a 63,601 square foot parcel, and add it to a 75,165 square foot parcel. SCTM# 1000-113-10-14.1 & 15. I'll ask if there are any comments on this lot line change? Aurelius J. Sclafani: I'm at 50 Hampton St., Sayville, NY, and I'm representing the two contiguous lot owners, Mr. Wankel and Mr. Moran. First I would hand up the affidavit of posting and of mailing. The one change that I would note for your attention, when this application was submitted it was submitted using the Suffolk County Tax Map designations and it so indicated on all papers including but not limited to the survey. Well, I went out to Riverhead to be certain I'd catch all the contiguous land owners currently, and looking at that tax service they changed the number of the lots slightly. What used to be 14.1, becomes 14.2 and what was 15, becomes 15.1. I've noted that in the papers that I've submitted. But it does not change at all any of the presentation, I'm just bringing that to your attention at this point. Southold Town Planning Board 6 October 5, 1998 The two parties in question here, owners of these contiguous parcels, in the one hand the Wankel property will maintain and fully comply with all the requirements for a building lot of 40,000 square feet. The Moran lot will be substantially increased but an ocular inspection of the premises would indicate to you that there's a LILCO line that run the extent of the Moran property, which makes it a very undesirable lot that if you're going to build that close to the LILCO property which has this LILCO line. So to distance that lot as far as you could to the LILCO lines is the primary reason this is being done. Other than that, I have nothing else to add to the presentations not in the papers and in the survey. Mr. Ward: There was a question raised regarding the ownership of the road to be abandoned. Do you have proof that it is abandoned? Mr. Sclafani: Yes, sir. I have here - I think I submitted - I know I submitted with my papers a copy, and I have the original here, that was recorded in the County Clerk's office - I'll be glad to submit the original if necessary. Mr. Orlowski: Had anybody talked to the Highway Superintendent before they... Mr. Sclafani: I was not privy to that application. It was submitted by another counsel who obtained this abandonment. Mr. Orlowski: OK. Are there any other comments on this? Laury Wells: My name is Laury Wells and my property is contiguous with the supposed abandoned Penn Ave. and I did speak with Ray Jacobs and he informed me that to his knowledge he did not abandon Penn Ave. I don't have a problem with the back half of Penn Ave. being sold, but as to the homeowner to the northern part of that, is there notification that goes out when a road is abandoned next to homeowners to give them an option? Because I have been maintaining Penn Ave. for eight years that I've lived there, and if it's for sale... Mr. Orlowski: Well, this is filed October 4, 1995. You knew nothing about it? We've been in contact with the Highway Superintendent and he knows nothing about it either. Ms. Wells: Correct. That's why I'm here to find out what happens next? Mr. Orlowski: This Board will be holding this hearing open because there's a bit of confusion here right now, in regards to the abandonment of that Southold Town Planning Board 7 October 5, 1998 road. Ms. Wells: OK, so then what does that mean to me as a homeowner, contiguous to that non-abandoned road - or abandoned road? Mr. Orlowski: Right now I have no idea until I talk with the Highway Superintendent and the Town Attorney to see what this is all about. Ms. Wells: So in other words this is going to be re-scheduled? Mr. Orlowski: It will be up on the next agenda. We're going to leave the hearing open until October 26. Ms. Wells: October 26? OK. Bruce Campbell: I'm Bruce Campbell, I live behind this property also. I didn't know how many you were so I only made four copies of this, I live at 620 Meday Ave. in Mattituck, right behind the lots that you're talking about here. I wanted to object to the lot line change because it opens the door for Mr. Moran and Mr. Wankel ...I'm pretty sure they plan to develop that area and they want to get as many houses in there as possible. So right now, if you look on the first one, that's what it was before they got that Penn Ave. abandoned, and they had two pieces of property and they could put one house on one and one house on the other, which is fine, because there's one acre zoning. And you look on the second map, it shows it after they somehow got the abandonment and there was, like Mrs. Wells said, no notification of neighbors, no Highway Department survey or approval. If you go to the next letter in there, it shows a common procedure for abandonment of a road, notifying everyone abutting that road, and then declaring it abandoned and absorbing the property and taking on the tax burden of that property. That's normal. I contacted the County to find out what was normal and that's what they sent me. Then if you look on the next letter, this is the actual abandonment, a photocopy of it, and it was signed by the Tax Assessor Scott Russell. I don't know if that's normal or not, I'm not a lawyer, but what I did was, I've been in contact with your attorney for Southold Town and as of Friday he's conducting an investigation into this because it seems just a little strange, let's put it that way. Southold Town Planning Board 8 October 5, 1998 Now, the application for the lot line change in my opinion is based on a questionable COA or abandonment of that Penn Ave. Also, when you go to the next letters 5 & 6 1 think it's pretty clear that Mr. Moran and Mr. Wankel wish to develop that area. I highlighted what their own words are and I think despite what they said would like to possibly go for a minor subdivision and put three houses in there, if possible. And the last thing I wanted to say was that I moved here five years ago to get away from congestion, the rat race and everything else. The North Fork has excellent values, location, everything is beautiful. I'd like you to decline this because even though this is a small little lot line change in a little area, it's kind of a microcosm of what's happening to the North Fork with the development and commercialization. So I think it's just as important as million dollar land acquisitions or anything else. So I would really appreciate a decline of this and hopefully that kind of philosophy continued on throughout the rest of the North Fork's development. Thank you. Mr. Orlowski: Thank you. Any other comments? Aurelius Sclafani: I would withhold my comments please since this meeting is being adjourned, but I would respectfully request to have a copy of the submission by Mr. Campbell. Thank you. Mr. Orlowski: Any other comments at this time? The Board will hold this hearing open because it's confusing to myself and the rest of the Board how you abandon a road like that without the Highway Superintendent knowing about It or anyone else. So we'll try to find out by the next meeting and that will be October 26, so I'll entertain a motion to hold this hearing open. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. PLANNING BOARD MEMBEAO gOFFO(f BENNETT ORLOWSKI, JR. OHO COG Town Hall, 095 Main Road o`Z` y~ P.O. Box 1179 Chairman Southold, New York 11971 WILLIAM J. CREMERS VJ Z Fax (516) 765-3136 KENNETH L. EDWARDS O GEORGE RITCHIE LATHAM, JR. y ~.g Telephone (516) 765-1938 O RICHARD G. WARD ~Cl ~a PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 6, 1998 Aurelius J. Sclafani, Esq. 50 Hampton St. Sayville, NY 11782 Re: Proposed lot line change for Wankel-Moran SCTM# 1000-113-10-14.1 & 15 Dear Mr. Sclafani: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 5, 1998: BE IT RESOLVED that the Southold Town Planning Board hold the hearing open pending receipt of notification by the Highway Department on the status of the abandonment of Penn Ave. The next Planning Board meeting is scheduled for October 26, 1998 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman ~ ~kv ~ 5 t b A - ~ ~ 's. t~•ti lip ~ _ bt Sy}ab • ~ p1 I _ 4Q yy ~t ~1 ` f ~~1 fem. .i f ~Y J, ..i.. ~ q~II _ M - r __t "nom. ~ - A 1'. E;+ • i. p. - N .6- Al f Tf; i a e s n +t ~ •i 4 ~ :b M[ t[ M IN ( NOp [r.b0u 4 , Stc;bmitted b~ /sir ~C~Mpbel ~ C AACefinr vsc a 8 . o\d~ Z • m \ tpt ~ ~ e 6 5t ~ ` 3 41 °s. 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CIMINO DEPARTMENT OF LAW COUNTY ATTORNEY DIVISION OF REAL ESTATE ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO: November -,8, 1995 Bruce Campbell 620 Meday Avenue Mattituck, NY 11952 Re: Tax Map No. 1000-113-10-No Number ~7"' AJC Dear Mr. Campbell: Thank you for your letter of November pith. Suffolk County does not presently own this parcel. The best way for you to get the section of Penn Avenue that abuts your lot is to do the following: Ask the owners of all adjacent lots to Penn Ave., i.e., lots 13; 12, 9 (you), 8.1, 15, & 14.1 to sign a petition asking the Town of Southold to abandon the road. When the abandonment is completed, you will get 25' to the west of your lot 9 and the owner of 8.1 would get 251' to the east of his lot. I hope this information is helpful to you. Upon receipt of your letter, we will again contact you. Very truly yours, Ma E. Tanner ;r7 cjp Y` Auction, Sales & Affordable Housing Unit (516) 853-5540 MET:ddr Enclosure Tax Map AUC/'22 168 NORTH COMPLEX VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YORK I1T68-4311 86 FAX r(616)3-66906 gtq.4 ~ ' S_f1JF~r~R. v•SS ~#5 r, xf`itl~ y. ~ r~fu N{ ,7'r Ncy 0 ~ f~~ e~'r~ r~ t' 4+ 3 a %p ml~ J M Yy a`aTr {fir Gro ~I ~ F~.i yXr+".. l: .y~ k ~f h~ r q,+,y; YIy to rn . v. §K 1 , a .I P, I a~ d r. r, ~ ~ a .r vin I.Y A f^ ~R ? 9. .A- Y ) a I .L. y J 'f5 W' 'J e I ) IA' at i~YY^.OC'At. OF 1'Hti 30=,i0LD TOICI ASPGSL'OP. YOU Y AHtvNUONI,LTN'f OF Mld'P:.D I`ROPI~RTY YIIT11121 :^ak: R+ i; +r§ 70:^f J9 ^OMIOLD 1 A. F_ iH1, Ln J:) r:; r.P. ^L L!.:• ';'•.wl 05 Sou -.a_d ]vft cl omt.., 5[a lr JE ?e 'lO CY., t);4 r.,.i vl t4-C ...l ).ev =wet ,nc c)t c.rtc - y w f T.ha ndourr nl vr)r.;; trr:Yr2p Re YYe m)la r_d9ued (I of The v+:. Lr -lrl 1 . CO k cant,, , l c of N Yolk, Ann hrrr.by on nt er.1 i'I.y wt thhe re c_ C's¢ i_azn of ..brrndonmcn[, vrRL !1 1 Cn b; (-Y Vr f ) ,.d In us OfLt +,f thC. ;I+ffoLk, county Pcfk. Scott H. ~unt:ulh Yg: S-A: 'ti Of W.', ,2Y. S P' 1 1 h tdl} !Y7' b3 (r) I rk'S SLLra:I~ f.t . .:co.. a IL 3 c. I is ne kncw t> 9e [h nU i,idu1, d0 r'CZ :.Imd 4n: 4PA YYY q, .+Y.o e tc ¢_d [he Eo regei n, Snncrumun L, nd .urnovl c0.lad tn,-m ;:a eee -a Ed the same 472 89, S. C u of i('I NOTARY - w) an5oe9, ,r~!~ f~,q krm @ra+w lFay 31. 19 ~r 1 fk ro i . i. t~ In either option you could choose to continue payments for three or more years until you decide to make the final payment or the loan is paid in full. It would be most appreciated if you could respond one way or another within ten days of receipt of this offer as we wo II hkP rn nrnnaad u»rh a gnb icncinn of the entire site if you are not interested m a purc ase. I would be most happy to meet with you either at my place or yours to discuss the details of an agreement. In addition it would be helpful for our surveyors to have a copy of your survey so they can get started on a new one once you decide to purchase this property. inc ely o Edward E. Wankel WHEREAS, toarties are desirous of relocating At line between the two parcels which will result in Wankel parcel having a lot 244.70' x 172.96'(40,001.42 sq.ft.) and Wankel transferring to Moran 244.70' x 102.04' (23,599.36 sq. ft) THE PARTIES AGREE AS FOLLOWS: 1. WANKEL to deed 23,599.36 sq. ft. (Westerly 25 ft. of abandoned Penn Ave; 50 ft. Lot 94 and 27.04 ft. - easterly portion of Lot 95 - total 102.04'x 244.70'= 23,599.36 sq. ft) to MORAN after approval of Lot Change Applicationby the Planning Board of the Town of Southold, Suffolk County State of New York. 2. The panties approve the lot line change as set forth hereinbefore. 3. The reasons for the lot line change: In negotiating for sale of premises owned by Wankel, each proposed buyer seeks property which complies with all the requirements of zoning Code of Town of Southhold and is unwilling to agree to a higher selling price for excess property owned by Wankel, 244 70' and 102.04'- Total 23,599.36 s9. ft Wankel, and Moran, owner of premises contiguous and east of Wankel property have explored the utilization of the excess area, 23,599.36 sq. ft , owned by Wankel to develop the excess area and combined with the area owned by Moran 244.70'x 325' - Total 75,164.55 sq. fL for future development of parcel 98,763.91 sq. fL 1 Sworn to before me this/)- `day of dpy 1998. -sr EDWARD WANKEL Notary public 57 Harriet Rd, Bayport, NY 11705 s J. Sclafani NotarryaliuPublic Aft I? Term Suffolk CT 8 1859. Pires August 31,1G f p AND the party of the first part covenants that the whereby the said premises have been incumbered in aparty ay of the first whatever except . sasoaforesaidr suffered anything Subject to the trust fund provisions of section thirteen of the Lien Law The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN written. writWrrINFSS ten. ~~rHEREOF, the party of the first part has duly executed this deed the day and year first above AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 5e-irti I, 13 d - / "F r - YirtY~i bro MvRP.i by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on Pc.cog~.i 1998.~w~ ~cf~a~s p~~ _oNsapr zl,rsFr- 0n/S ~IR4F NGTiYssNY i+om.--.Pt...PFx°7 ~zQ`o'xrP.=rJsP na-Ou-2-1 f4Sd A-.t:. P~~r•+-~ ~i/) ao Posv-etz l~.,P~n . I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on SSze~~~s :_r, 1998. S0& ATTCee ,z R~~~~ i • JaL'm F /C1N/ Your name (print) Signature 'o Address Date ~p Notary Publ' CAROLYN P. KMIOTEK NOTARY PUBLIC, State of New York No. 4908682 Qualified in Suffolk County (.ornmission Expires l/// wqq PLEASE RETURN THIS AFFIDAWTAND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re: LUCen Cel-Moran Nvre; e~a~s~ c Sd T ^EH~r Trams SCTM#: 113-io- i4.1 +I5 o~ 1 I Te i't• _z Date of Hearing:_ it) IsI4a SOUTHOLD TOWN PLANNING BOARD SCTM 100-113-10-141& 15 Lot Line Change Edward Wankel - Judith Gordon Wankel - Charles Moran Hearing October 5, 1998 7:35 PM Notice mailed to adjacent Property Owners (copy attatched) Certified Mail Return Receipt Requested. Mailed September 21, 1998 at U.S. Post Office Mattituck, New York. Summary SCTM 100-113-10- 1.0 Stepnoski 2.0 Morini 3.0 Libretto 5.1 White 6.0 Bainbridge 8.1 Wells 10.1 Campbell 11.0 L.I. Lighting 16.0 Tripolitis SCTM 100-113-12- 2.0 Bullock 3.0 Fowler 4.0 Neudeck SCTM 100-113-14- 1.0 Neiman 2.0 Bourenas Green Cards attached. Green cards not received as at October2, 1998. Brock 10 - Lot 10.1 Campbell Block 12 - Lot 3.0 Fowler Block 14 - Lot 1.0 Neiman Dated: October 2, 1998 Aurelius J. Sclafani Mir m SENDER: I also wish to receive e . V_ . Complete items 1 and/or 2 for additional services, following services (for an w • Complete items 3, 4a, and 41b. y ww Print your name and address on the reverse of this form so that we can return this extra ee : e card to you. 1. ? Addressee's Address .Z 0 • Attach this form to the front of the mailpiece, or on the back if space does not w ` permit. 2. ? Restricted Delivery y • Write "Return Receipt Requested" on the mailpiece below the article number. fee. w .The Return Receipt will show to whom the article was delivered and the date Consult postmaster for delivered. w 4a. Article Number 2 0 3. Article Addressed to: 2 a o 76 9 7 0 r? 141 4 N t 4b. Service Type E Z(( 6 CB x ftit"Q-i - 01, .b ? Registered El Certified $ C1 Express Mail E:1 Insured /riq{~- t p-~ c'-FL I N y • ? Return Receipt for Merchandise ? COD 7. Date I Deliv 8 T 5. Received By: (Print Name) 8. A resse s Address (Only if r nested ~/1IDp _ and fee is paid) V w r ' I` L ture: (Addressee or Agent) 811, Dec mber 994 02595-9e-e-0229 Domestic Return Receipt ^O'^s ~-4a, and 4b. -~rservices. I also ~>Tnt your name and address on the reverse Of wish to receive the w Bard to ou. this form so that we foffowing services (for an •Attach this form to the front of can return this extra fee): v permit. the mailpiece, or on the back if space tloes not w •Write'Refum Receipt Requested"on the 1. Addressee's v • The Return Receipt will show to whom emailpiece below the article number. Address delivered, article was delivered and the date 2. El Restricted Delivery y 0 3. Article Addressed to: Consult postmaster for tee, C0 o . 4a. Article Number~/ Ado -,-s g r" 4b. Service Type r 76 c ? Registered ^ 7'1V; Express Mail El Certified X eturn Receipt for Merchandise ? Insured S D to of Delivery ? COD 0 5. Received By: (Print Name) 16 ~ . A ressee's Address (Only if requested m . Signature: (Address a d fee is 0 or ent paid) X w w 7a - PS Form 9811, December 1994 N 102595-98-a card Toyou. -0229 Domestic Return Receipt 2 • Attach this form to the front of the maepieiz.. 'Z d Permit u N • Write "Return Receipt Requested" on the mailpiece below the article number. Z. • The Return Receipt will show to whom the article was delivered a2d the date delivered. Consult postmaster for fee. o. o 3. Article Addressed to: 4a. Article Number Zd 7 G & 4- Lb a D 4b. Service Type wF P 1~ou e f•ko,-`a ~ ? Registered El Certified Ri).gea 33i ? Express Mail ? Insured ~ livery o k6TI,?gMature: t A7ri'f v"9 ti. T ((9r ti Receipt for Merchandise El COD 0 a j ceveyrint ame) 9S' Address (Only if requested a id) (Ad ressee or Agent) o X A PS Form 3811, December 1994 ss-sa-e-0225 Domestic Return Receipt t3~~ rti-~~ ~a SENDER' I also wish to receive the V • Complete items 1 and/or 2 for additional services. •~ip° Services (for an m • Complete items 3, a, and 41b. • Print your name and address on the reverse of this form so that we can rs y card to you f. Peceor on the back if space chair m SENDER; _ m • Attach this form to the front of the mail, D it` - NCO permit. n Q .The Re ur Receipt Receipt how to whom the article c was below deliveed end they IN • P d~ou metals nitems emeni e and and qb additional services. L delivered. t~ i, m You. atltlres the this extra following gets ireCei'Ortdn 4 W, "it, to the front of the me form sh the, @ 3~OI~S.fY"t Addressed ON'~P /1r EU A;t R 4 C 0 The old tlh~nu fn R Pil~how tom " rev, it 2 Ravel quest CeS the' mail of onl the back It space does not E S-7 •a 3. Article Atltlre whom the artiplh waseiow the article 1. 0 AddreSSe@ ) _ m • • SSed to; delivered and tnumber, g Address Mlt~ tR+ue,Yl•((q•> ds a lNir A•?13 is o 4'r,C elate Cns?t Restrcted Delivery 4 2.2 _ j SA' S 1Ld•64a~ 4a. Article Number Postmaster for fee. -12 ry Cr, I SP.za- ZocF L. L,•.=~ « 4b. Service e 6 70 YP 5. Received By: (Print Nam ~n ' v' •l111: ~r,,,rN y !/~s-6 abisrirp e ess S ? Certified z 6. Si natur ' Adore r gent t 9 5. Received R Receipt r rch i. (rrntName) ate ? Insured a .v andise COD e M PS ~ orm 38 , December 1994 Q Si ' gnature: (Ao• dJ a 10 m X resse or Vent) fee d) ress (Only it requested V M PS Form 3811, December 1994 m Q, r 102595-9, ~ f~ L 4.. J. .8-0229 M Domestic Return Receipt f0 m ~a o M ° c4 m .4 f~ VmEl4~ ~,s a m m ~Ocg-` mu z s~ O Aso L-07 0 I also wish to receive the SENDER: following services (for an m 9 • Complete items 1 and/or 2 for additional servces. extra fee): ai 'm • Complete items 3, 4a, and 41h. u m • Print your name and address on the reverse of this form so that we can return this 1 El Addressee's Address 0 Aba to you. or on the back it space does not an card m Attach this form to the front of the mailpiece, 2 [1 Restricted Delivery \ permit. on the mailpiece below the article number. o , . Write "Return Receipt Requested" ered and the date Consult postmaster for fee. M • The Return Receipt will show to whom the article was deliv u M delivered. 4a. Article Number m Z"? o c 3. Article Addressed to: V N ~~•y,,,o Lr~trt-lzrp 4b. Service Type m a 40 I i. t'm a'i l pr1= 4 4tV4o `7 19- ~j ? Registered C] Certified ¢ a ' p Insured co 0 p S, EieLfGLDCGV'TNi ~O [I Express Mail F i fJf I V Inr~J• rt9 C] Return Receipt for Merchandise [I COD o C _ •y ° ~ gg o Pi 2 ~ rL o a -z E 8. Addressee's Address (Only if requested c a S & 8 5. Received y: (Pri Name) and fee is paid) F a ' 5661 Ip~l'OO9£ LL11Od S' 6. Signature: (Addressee or Agent) 0 X 102595-98-e-0229 Domestic Return Receipt ` 12 PS Form 3811, December 1994 uuod Sd 5661 Ip°'d OO9S I I also w d SENDER: followin a • Complete items 1 and/of 2 for r additional services. extra f2 'm • Complete items 3, 4a, and 1 ? m W . Print your name and address on the reverse of this form so that we can return this O \ \ Q 0 card to you. or on the back if space does not 2 ? ; At . Attach this form to the front of the mailpiece, m l~ \ permit ested" on the mailpiece below the article number. Consul ld m te Retain Receipt Reqn o !p d . The Return Receipt will show to w hom the article was delivered and the date W ' £ delivered. 4a. Article Number Rl rU 9,91 F , -ja e 3. Article Addressed 10: w`~ a D N ?2 f eVV F54 D, 4b. Service Type a a a • F6j d C3 Registered Nilli 4 1 ~a E E [3 Express Mail J r V m y ^I buy t' , LL z y ~6b1 Oa= ~ ; a C] Return Receipt for M S " l j% F otj~8 m A s • / S p Dfl ~F gR`` `4i ~ o O c4 7. Date of Delivery O m ti cif a LL o EE~ 8. Addressee's Addr N a c g ¢ 0 8 5. Received By: (Print Name) and fee is paid) z° o° ~w a d SW Ipdv OOSE wrod Sol ' e. Signatu ress o an (te4,~, /0 Q m SENDER: Complete items 1 and/or 2 for additional services. I also wish to receive the O X w . Complete on 3, 4a, and 4b. Print your name following services (for an m PS Form 3811, December 1994 b . card to U. and address on the reverse of this form so that we can return this extra fee): mrsercdds. j • Attach this form to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address ° permit. Tj^mryour namy a~addresdon the reverse of this form so that y card to yousfo • Write `Return Receipt Ron the Tailpiece below the article number. 2. ? Restricted Delivery v Return permitAttach. thi F 'ter will show show t to whom the article was delivered and the date N v . rm to the front of the mailpiece, or on the back if at • The eyed. delivered. Consult postmaster for fee. 4 Write "Return Receit Re O 3. Article A the a . The Return Receipt will show to whom the art ole wassde6veretl o 4a. Article Numb delivered. N ~0~1lF~vF n S-0, Q x Al( v/ 0 3. Article Addressed to a a •co'np/etERt ab. Service Tyfpe m ~lA~A7'~rg d~$rr . G •Pon, at is as sms ran J Jw~- p1pS K-~ O I.Q. ad carotyourna ms3 c/o, -.'o v II • y •Attec °YOU. me and 'and foraCdihb / ? Certified c M i0 A7 R ~ * v . Wn e P this rerrntot addresspn th na/services rn ? Insured ~Oy I'hF~ •Ths Rgermrr he kont o/ srsvarse 6~0 '()D 'rn -(V dC ~^1, DO 3 Art, art, nl Re epeiPry ~ 4ues woe ni all piscs o s~+hrs for so that _ O yOp~JY1 / r OiC6` 5. F , ~'cX eery fO w to Wh he aai/pe ~eass'OWarhet spa ssdo s rn thv, tot aa/so wi g se Surf, 4 0 race, to I as t 6 La 3 ~a_ deliver a not . h. ic% f as E n Cr.CQ- Q 6 tilt /P~v ed and the mbar 1 O s(tor a; SENDER: -Pv oj~ d'a ~q at, 2 O C/o, O 4 @ T . Wj S . Complete items 1 and/or 2 for additional services. ® ° . Complete items 3, 4a, and 4b. Mail, 3,j OF! a~Dy'C a' Into l@ ~Onswl estrlet@de Aadr; P ! d rint your name and address on the reverse of this form so tY C'~ p Nu er Post a Deliv@r3, i card to you. m nl > . Attach this form to the front of the mailpiecA, or on the back if spa er, f°r fee . 9 D permit. _ ary/e@ . delivered. "R. eturn Receipt Requested"on the mail Piece below the ar. 5 R@C@rV@d J O f'?ogist type . The Return Receipt will show to whom the article was delivered 0 F °red 6, Sign Sarin/Na XPress pO 3. Article Addressed to: at Return MaU Q b ~4)A9`t vf~frr~ ~Rt_ l- y-/.S X or date of p~eipl for Merch 0 Certified E coo 4b.°rnr3 '99enf7 S v ? andise 0 fnsur@a ` Express Ma~ecernyer 1994 ' my fe@SSPa odar ss r~~ oae; Acy n AYaYTR`f~s5, • /L g,S~ ? CSC ? Return Receipt for Met - nyilr ePUasrea 7. Da of Del ery 'nzs9 4e 9 0?02 ~ s ~ c sy@,@ °zzs m 5. Re iv d By: nntNagtp~ a 1 C3 mm° - E'~ _ ~o ,ter 8. tidress e's Addres 4\ ru C q W ' f 19Sti 1, r and fee is paid) 41 B - o 'a $ c RetUr~ 6. natur A dr sseeor ent) N N y o Receipt O Jf _ 'o° X : z ° 9661. lady W~ ,l Sd PS Form 11, December 1994 "2595-98-8-0229 Domestic B B l1P\c` O 11~ Ns ~+id +1 II w iB `wwm s s Y~ RA w I. 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O'y P.O. Box 1179 Chairman C2 < Southold, New York 11971 WILLIAM J. CREMERS y = Fax (516) 765-3136 KENNETH L. EDWARDS Oy Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. O RICHARD G. WARD ?J01r_ PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 1998 Aurelius J. Sclafani, Esq. 50 Hampton St. Sayville, NY 11782 Re: Proposed lot line change for Wankel-Moran SCTM# 1000-113-10-14.1 & 15 Dear Mr. Sclafani: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 14, 1998: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance, and grants a Negative Declaration. BE IT RESOLVED that the Southold Town Planning Board set Monday, October 5, 1998 at 7:35 p.m. for a final public hearing on the maps dated August 10, 1998. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the signed green return receipts from the certified mailings on the day of, or at the public hearing. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Sincerely, ennett OrlowsJr. Chairman enc. Z PLANNING BOARD MEMBER gQfFO(,t QUO CMG Town Hall, 53095 Main Road BENNETT ORLOWSKL JR. tiQ r al Box 1179 Chairman C2 < Southold, New York 11971 WILLIAM J. CREMERS y Z Fax (516) 765-3136 KENNETH L. EDWARDS ~y • Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ~Ql y_ ~QQ PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 14, 1998 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for Edward & Judith Gordon Wankel and Charles Moran SCTM#: 1000- 113-10-14.1 & 15 Location: Westphalia Rd. & Illinois Ave. in Mattituck SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The application is to subtract 23,600 square feet from a 63,601 square foot parcel, and add it to a 75,165 square foot parcel. Page 2 SEQR Negative Declaration -Wankel / Moran September 14, 1998 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. This project will result in two conforming lots, thus meeting zoning requirements in this Low Density R-40 zone. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: John P. Cahill, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change. 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed lot line change for Edward and Judith Gordon Wankel and Charles Moran, SCTM#1000-113-10-14.1 & 15, located on Westphalia Rd. and Illinois Ave. 3. That the property which is the subject of this application is located in the R-40 zone. 4. That the application is to subtract 23,600 square feet from a 63,601 square foot parcel, and add it to a 75,165 square foot parcel. (See enclosed map.) 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m, and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. 6. That a public hearing will be held on the matter by the Planning Board on Monday, October 5, 1998 at 7:35 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler Watchman published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: 11.1 • 14.2 CA ! (.MATCH S / Z Like rJ T A FOR •.•Ctt O ^ 1.•Ate) + NO Ste SCC 7.e NO 104.09-01a. r1 M1•\91 : N .QO. Z V 1 ,M1M1 e • Rip 6 U T° ~d N 6 7 tt P 17°?1t1 P•~\\+V O ,n, f Z y y' n 6 CI Lit 2 r.r • (70) w %lb suo I.7A(c) w' \o ~ (701 + M1p a\ 15 16 OF i,, i \1 a b. • ° a\ ~ aPl \ LILC 9 . w o 9 a ° \ e. tyl• ell . 1 I _ I Ys^1 Fl s 1 91. \O 'e l9 I S I i•, :w y d~`an's i d ° + . • ) 1 x •"9': '•i ••i I X17 twg. M ••t1 S rY 6 ° Illri G "'T Isl r+ b` 19.11 1 9 17 5. 1n,nN pr,l, .l•• u • II ID1 l a.TA(CI \9•p9\ 16 let dlw+l S.. ',V I \111A ~LILCO \ I I. I pd i. O \9P 19.11 ,•i ,A 1d l° I d 9 „ ,I.Tp(c1 fl 16 A ,dt • . I 49 \a` 1. I a` 1 A x ~ I Iwp a° ~ '?bt. 7., '19.9 1949 \ `•O , Z ' ,r + 2.4&191 t.l Ali) _ t' S \ \51, 61, \.G) •i • . 19.17 ~ • R' r~.~~ t0 ~ !4 M1' 9,i 5 p Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property: OWNER(S) OF RECORD:Edward & Judith Gordon Wankel / Charles Moran NAME OF APPLICATION: Lot line change for above i REFERENCE/TAX MAP # : 1000-113 -10-14.1 & 15 SUBJECT OF HEARING: To subtract 239600 square feet from a 63,601 square foot parcel, and add it to a 75,165 square foot parcel. TIME & DATE HEARING: Monday, October 5, 1998 at 7:35p.m. i If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD - TOWN OF SOUTHOLD - (516) 765-1938 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Lot Line Change Wankel - SCTM 112.00-10.00-015.00 Moran - SCTM 112.00-10.00-014.100 Gentlemen: The following statement is offered for your consideration in the review of the above-mentioned Lot Line Change. There are no existing covenants applying to either of the properties above- referenced. Annexed hereto are copies of Chicago Title Insurance Company - Title 9408-02262 Moran and Title 9408-01860 Wankel. Your Y, EDWARD WANKEL • - - AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (Io-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED CHICAGO TITLE INSURANCE COMPANY r SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. r 4 e Y Issued by: CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY By: 185 Old Country Rd., Route 58 Riverhead, New York 11901 (516) 727-4455 >sJ Presi~ , ~iH?ettatri* By. s Secretary ALTA Owners Policy (10-17-92) - - EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of, 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordi- nances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest Insured by this policy. 4. Any claim, which arises out of the transaction vesting In the Insured, the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is bas- ed on; (i) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent con- veyance or fraudulent transfer; or (11) the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. • • CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Title Number Effective Date Amount of Insurance 9408-01860 September 29, 1994 $54,000.00 1. Name of Insured: EDWARD WANKEL AND JUDITH GORDAN WANKEL, HIS WIFE 2. The estate or Interest in the land which Is covered by this Policy Is: FEE SIMPLE 3. Title to the estate or interest in the land Is vested In the Insured by: DEED MADE BY ALBERT D. STERN AND BLANCHE G. STERN, HIS WIFE, DATED 9/29/94 AND FILED IN THE SUFFOLK COUNTY REGISTRAR'S OFFICE ON 12/5/94 IN DOCUMENT NO. 437982, CERTIFICATE NO. 154,501 4. The land referred to in this Policy Is described as follows: -ass ATTACHED DBBCRIPTION- oszc horized Signatory SCHEDULE A DESCRIPTION Policy No.: 9408-01860 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT HATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS LOTS 94 TO 98 INCLUSIVE ON A CERTAIN MAP ENTITLED "HAP OF TOLLEWOOD" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JANUARY 25, 1927 AS MAP NUMBER 175. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 113.00 BLOCK 10.00 LOT 015.000 P: EGAL SCHEDULE B Policy No.: 9408-01860 This policy does not Insure against loss or damage (and the Company will not pay costs, attorney's tees or expenses) which arise by reason of: 1. UNTIL A GUARANTEED SURVEY IS RECEIVED, POLICY WILL NOT INSURE COURSES, DISTANCES AND DIMENSIONS OF SUBJECT PREMISES OR THE BED OF ANY STREET, ROAD OR AVENUE PASSING THROUGH SAME, AND WILL EXCEPT ANY FACTS SUCH A SURVEY OR PERSONAL INSPECTION WOULD SHOW. 2. THE PREMISES HEREIN, BEING REGISTERED UNDER THE LAND TITLE REGISTRATION LAW, ARE SUBJECT TO ALL PROVISIONS OF ARTICLE 12 OF THE REAL PROPERTY LAW. 3. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED BSCI{D -SCHEDULE B- ENDORSEMENT • Attached to and made a part of Pollcy No. 9408-01860 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated: September 29, 1994 CHICAGO TITLE INSURANCE COMPANY Authot~ze Signatory ~ Attw: Nora: This endorsement shell not be valid or binding eJ7/ Y,?~OR/ J~~ CJLtr until countersigned bysn autharixd slp,srory. Seer very. STANDARD NEW YORKENDORSP.MENT (911193) POR VSE WMIALTA OWNERSPOLICY (10117192) ENVEX)92C I. DEFINITION OF TERMS CONDITIONS AND STIPULATION 1 The following terms when used in this policy mean: (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company (a) "insured": the insured named in Schedule A, and, subject to any rights may pursue any litigation to final determination by a court of competent juris-fenses the whoosucceed to Che nter swould tt of the named against insured by operation of law those as any aderse judgnent or o derthe right, in its sole discretion, to appeal from distinguished from purchase including, but not limited to, heirs, disiributees, (d) In all cases where this policy permits or requires the Company to prose- devisees, survivors, personal representatives, next of kin, or corporate or cute or provide for the defense of any action or proceeding, the insured shall fiduciary successors. secure to the Company the right to so prosecute or provide defense in the (b) "insured claimant": an insured claiming loss or damage. action or proceeding, and all appeals therein, and permit the Company to (c) "knowledge" or "known": actual knowledge, not constructive knowl- use, at its option, the name of the insured for this purpose. Whenever edge or notice which may be imputed to an insured by reason of the public requested by the Company, the insured, at the Company's expense. shall give records as defined in this policy or any other records which impart conslruc- the Company all reasonable aid (i) in any action or proceeding, securing live notice of matters affecting the land. evidence, obtaining witnesses, prosecuting or defending the action or pro (d) "land" the land described or referred to in Schedule A, and improve- ceeding, or effecling settlement, and (ii) in any other lawful act which in the de its aff xed thereto hick by lbeyond constitute li all property. hrea described or opinion of the Company may be necessary or desirable to establish the title to The term "land" s not in any properly the estate or interest as insured. If the Company is prejudiced by the failure of referred to in Schedule A, nor any right, title, interest, estate or easement in the insured to furnish the required cooperation, the Company's obligations to abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- the insured under the policy shall terminate, including any liability or obliga- ing herein shall modify or limit the extent to which a right of access to and from tion to defend, prosecute, or continue any litigation, with regard to the matter the land is insured by this policy. or matters requiring such cooperation. (e) "mortgage mortgage, deed of trust, trust deed, or other security S. PROOF OF LOSS OR DAMAGE instrument. In a to and after Policy pfor the pu of ublic records' : records rting coli sl ue rive under state oist alea at Date 1of lions an dit'Stipulatons have been provided dthe Compa fly, a protofeof losst or relating opert purchasers for value and without notice damage signed and sworn to by the insuredclaimantshall furnished to the real p respect Sect orn l(a)(iv) of the Exclusions From Cove age k"public records" shall also Company within to 90 days after the insured claimant shall as ascertain the cribs include environmental protection liens filed in the records of the clerk of the giving rise to the loss or damage. The proof of loss or damage shall describe or on United States district court for the district in which the land is located. the defect in, or lien h encumbrance he the title, or other matter insured (g) "unmarketability of the title" an alleged or apparent against by this policy which the basis of calculatin the amunt of th loss the basis of loss or damage and shall the title to the land, not excluded or excepted frocoverage awhich affecting would damage, lithe Company its prejudiced by the failuree of the insured claimant too entitle a purchaser of the estate or interest described in Schedule A to be provide the required proof of loss or damage, the Company's obligations to released from the obligation to purchase by virtue of a contractual condition the insured under the policy shall terminate, including any liability or obliga- requiring the delivery of marketable title. Lion to defend, prosecute, or continue any litigation, with regard to the matter 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE or matters requiring such prool of loss or damage. The coverage of this policy shall continue in force as of Date of Policy in In addition, the insured claimant may reasonably be required the submit to examination under oath any authorized representative of the Company favor of an insured only so long as the insured retains an estate or interest in and shall produce for examination. inspection and co the land, or holds an indebtedness secured by a purchase money mortgage able times and places as may be designated by any authorized representative given by a purchaser from the insured, or only so long as the insured shall ,Yong, at such reason of the covenants insured have lia olrlcoby reason of the estate or warrant. This y made y sthe hall not continue memo anda whetherebearng a date) before orhafter Date of Polliicy,cwhichh Coman, all ds, books, nsfer in force in favor of any purchaser from the insured of either (i) an estate or reasonably pertaine the loss or damage. n ur it requested by any aubho- Fuher, interest in the land, or (ii) an indebtedness secured by a purchase money rued representative , the Company, r i nsured claimant shall gran) its mortgage given to the insured. permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT dente and m to as emoranda in the custody or control of a third party, which reason- The insured shall notify the Company promptly in writing (i) in case of an by ably the eensine the loss or damage. All information designated to cis Se ti n litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to insured claimant provided nl the Com an an insured hereunder of any claim of title or interest which is adverse to the Company, shall not be disclosed to others unless, for the reasonable the claim dg Failure of tithe ation title to the estate or interest, as insured, and which might cause loss or dam- it is necessary in the nation under of the claim. Failure of the age for which the Company may be liable by virtue of this policy, or (iii) if title to insured claimant to submit for examination oath, produce other reason- the estate or interest, as insured, is rejected as unmarketable. If prompt notice ably requested information or grant permission to secure reasonably neces- shall not be given to the Company, then as to the insured all liabilit of the nary information from third parties as required in this paragraph shall lermi- Companyshallterminale with regard to the matteror alters for which prompt Hate any liability of the Company under this policy as to that claimhowever, that . is req ired; rovid inonoecase ptrej dice thearigh s of any insured underr this the policy unless the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION Company shall be prejudiced by the failure and then only to the extent of the OF LIABILITY prejudice. case of ti claim under this policy, the Company shall have the following additional options: 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (a) To Pay or Tender Payment of the Amount of Insurance. CLAIMANT TO COOPERATE To pay or lender payment of the amount of insurance under this policy (a) Upon written request by the insured and subject to the options con- togetherwilh any costs. altorneys' fees and expenses incurred by the insured tained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an clamant, which were authorized by the Company, up to the time of payment or insured in litigation in which any third party asserts a claim adverse to the title to Upon there eerese by he Company offtthis r.ptionl' allliabiillity and obligations or interest as insured, but only as to those stated causes of action alleging a to the p y, olhe defect, lien or encumbrance or other matter insured against by his policy. The trmma erminate, including this liabl r thanlo Hakethe payment required shall con- Company shall have the right to select counsel of its choice (subject to the any litigation, and the policyrshallgbe' surrenddered to the Company for right of the insured to object for reasonable cause) to represent the insured as time an to those staled causes of action and shall not be liable for and will not pay the ca(b) Tot Pay or Otherwise Settle With Parties Other than the Insured or lees of any other counsel. The Company will not pay any fees, costs or With the Insured Claimant. expenses incurred by the insured in the defense of those causes of action (i) to pay or otherwise settle with other parties for or in the name of an which allege matters not insured against by this policy. insured claimant any claim insured against under this policy, together with any (b) The Company shall have the right, at its own cost, to institute and costs, attorneys' fees and expenses incurred by the insured claimant which prosecute any action or proceeding or to do any other act which in its opinion were authorized by the Company up to the time of payment and which the may be necessary or desirable to establish the title to the estate or interest, as Company is obligated to pay; or insured, or to prevent or reduce loss or damage to the insured, The Company Ili) to pa or o with th ins claim the damae may take any appropriate action under the terms of this policy, whether or not provided for underthisspol cry, togethe withranycosts tattorlneys'rfees and it shall be liable hereunder, and shall not thereby concede liability or waive any incurred y e insured laimant ich were by the provision of this policy. If the Company shall exercise its rights under this C mapany up to the time of payment and whichlthe Companyf isrobl gated to paragraph it shall do so diligently. pay. Upon the exercise by the Company of either of the options provided for in (b) When liability and the extent of loss or damage has been definitely fixed paragraphs (b)(i) or (n), the Company's oblgation insured under this in accordance with these ions and Stipulations, the loss or damage poicy for the claimed loss or damage, other than 1 tents required Iv be shall be payable within 3 ereailer. made, shall terminate, including any liability or ob on to defend, prose- cute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE (a) The Company's Right of Subrogation. This policy is a conlrart of indemnify against actual monetary loss or dam- Whenever the Company shall have settled and paid a claim under this age sustained or incurred by the insured claimant who has suffered loss or policy, all right of subrogation shall vest in the Company unaffected by any act damage by reason of matters insured against by this policy and only to the of the insured claimant extent herein described. The Company shall be subrogaled to and be entitled to all rights and (a) The liability of the Company under this policy shall not exceed the least remedies which the insured claimant would have had against any person or of, property in respect to the claim had this policy not been issued. It requested by (i) the Amount of Insurance slated in Schedule A; or, the Company, the insured claimant shall transfer to the Company all rights (it) the difference between the value of the insured estate or interest as and remedies against any person or property necessary in order to perfect insured and the value of the insured estate or interest subject to the defect, this right of subrogation. The insured claimant shall permit the Company to lien or encumbrance insured against by this policy. sue, compromise or settle in the name of the insured claimant and to use the (b) In the event the Amount of Insurance staled in Schedule A at the Date of name of the insured claimant in any transaction or litigation involving these Policy is less than 80 percent of the value of the insured estate or interest or rights or remedies. the full consideration paid for the land, whichever is less, or if subsequent to If a payment on account of a claim does not fully cover the loss of the the Dale of Policy an improvement is erected on the land which increases the insured claimant. the Company shall be subrogated to these rights and reme- valueoflhe insured estate or interest by at least 20 percent over the Amount of dies in the proportion which the Company's payment bears to the whole Insurance staled in Schedule A, then this Policy is subject to the following. amount of the loss. (i) where no subsequent improvement has been made, as to any partial If loss should result from any act of the insured claimant, as staled above, loss, the Company shall only pay the loss pro rala in the proportion that the that act shall not void this policy. but the Company, in that event. shall be amount of insurance at Date of Policy bears to the total value of the insured required to pay only that part of any losses insured against by this policy which estate or interest at Date of Policy; or shall exceed the amount, it any. lost to the Company by reason of the impair- (it) where a subsequent improvement has been made, as to any partial ment by the insured claimant of the Company's right of subrogation. loss, the Company shall only pay the loss pro rata in the proportion that 120 (b) The Company's Rights Against Non-insured Obligors. percent of the Amount of Insurance staled in Schedule A bears to the sum of The Company's right of subrogation against non-insured obligors shall the Amount of Insurance staled in Schedule A and the amount expended for the improvement exist and shall include, without limitation, the rights of the insured to mdem- . The provisions of this paragraph shall not apply to costs, attorneys' fees nities, guaranties, other policies of insurance or bonds, notwithstanding any and expenses for which the Company is liable under this policy, and shall only terms or conditions contained in those instruments which provide for subroga apply to that portion of any loss which exceeds, in the aggregate, 10 percent of lion rights by reason of this policy. the Amount of Insurance staled in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses 14. ARBITRATION incurred in accordance with Section 4 of these Conditions and Stipulations. Unless prohibited byappBCable law, either the Company cribs insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the 8. APPORTIONMENT American Arbitration Association. Arbitrable matters may include, but are not It the land described in Schedule A consists of two or more parcels which limited to, any controversy or claim between the Company and the insured are not used as a single site, and a loss is established affecting one or more of ansing out of or relating to this policy, any service of the Company in connec- the parcels but not all, the loss shall be computed and settled on a pro rata tion with its issuance or the breach of a policy provision or other obligation. All basis as it the amount of insurance under this policy was divided pro rata as to arbitrable matters when the Amount of Insurance is $1,000,000 or less shall the value on Dale of Policy of each separate parcel to the whole, exclusive of be arbitrated at the option of either the Company or the insured. All arbitrable any improvements made subsequent to Dale of Policy, unless a liability or matters when the Amount of Insurance is in excess of $1,000,000 shall be value has otherwise been agreed upon as lo each parcel by the Company and arbitrated only when agreed to by both the Company and the Insured. Arbilra- the insured at the time of the issuance of this policy and shown by an express tion pursuant to this policy and under the Rules in effect on the date the statement or by an endorsement attached to this policy. demand for arbitration is made or, at the option of the insured, the Rules in 9. LIMITATION OF LIABILITY effect al Dale of Policy shall be binding upon the parties. The award may (a) It the Company establishes the title, or removes the alleged defect, lien include attorneys' fees only if the laws of the stale in which the land is located or encumbrance, or cures the lack of a right of access to or from the land, or permit a court to award attorneys' fees to a prevailing party. Judgment upon cures the claim of unmarkelability of title, all as insured, in a reasonably the award rendered by the Arbitrator(s) may be entered in any court having diligent manner by any method, including litigation and the completion of any jurisdiction thereof. appeals therefrom, it shall have fully performed its obligations with respect to The law of the situs of the land shall apply to an arbitration under the Title that matter and shall not be liable for any loss or damage caused thereby. Insurance Arbitration Rules. (b) In the event of any litigation, including litigation by the Company or with A copy of the Rules may be obtained from the Company upon request. the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdic- 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT tion, and disposition of all appeals therefrom, adverse to the title as insured. (a) This policy together with all endorsements, if any, attached hereto by the (c) The Company shall not be liable for loss or damage to any insured for Company is the entire policy and contract between the insured and the Com- liability voluntarily assumed by the insured in settling any claim or suit without pany. In interpreting any provision of this policy, this policy shall be construed the prior written consent of the Company. as a whole. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (b) Any claim of loss or damage, whether or not based on negligence, and LIABILITY which arises out of the status of the title to the estate or interest covered All payments under this policy, except payments made for costs, attorneys' hereby or by any action asserting such claim, shall be restricted to this policy. fees and expenses, shall reduce the amount of the insurance pro tanto. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a 11. LIABILITY NONCUMULATIVE Vice President, the Secretary, an Assistant Secretary, or validating officer or It is expressly understood that the amount of insurance under this policy authorized signatory of the Company. shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the 16. SEVERABILITY insured has agreed, assumed, or taken subject, or which is hereafter ex- In the event any provision of the policy is held invalid or unenforceable ecuted by an insured and which is a charge or lien on the estate or interest under applicable law, the policy shall be deemed not to include that provision described or referred to in Schedule A, and the amount so paid shall be and all other provisions shall remain in full force and effect. deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS 17. NOTICES, WHERE SENT (a) No payment shall be made without producing this policy for endorse- All notices required to be given the Company and any statement in writing ment of the payment unless the policy has been lost or destroyed, in which required to be furnished the Company shall include the number of this policy case proof of loss or destruction shall be furnished to the satisfaction of the and shall be addressed to the Company at the issuing office or lo: Company. Chicago Title Insurance Company Claims Department ForrO No. 6235 171 North Clark Street Chicago, Illinois 60601-3294 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. " The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. s Issued by: CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY By: 185 Old Country Rd., Route 58 Riverhead, New York 11901 (516) 727-4455 /L "'vC.C A. r Presid fi By: Secretary • ~ ~ . x~ ~GP't mT~4~ -CIF=. ~ ; ACM 0,,w,'s Policy (10-17-92) CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Title Number Effective Date Amount of Insurance 9408-02262 September 29, 1994 $50,000.00 1. Name of Insured: CHARLES MORAN 2. The estate or Interest In the land which is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land Is vested in the insured by: DEED MADE BY HOWARD R. GLADSTON, AS EXECUTOR AND HOWARD R. GLADSTON AND THOMAS S. ARBUCKLE, AS CO-TRUSTEES OF THE LAST WILL AND TESTAMENT OF ALBERT D. STERN, DATED 9/29/94 AND FILED IN THE SUFFOLK COUNTY REGISTRAR'S OFFICE ON 11/4/94 IN DOCUMENT NO. 436648, CERTIFICATE NO. 27294 4. The land referred to in this Policy is described as follows: -SEE ATTACHED DESCRIPTION- ( It-/ LAI ~x orized ignato SCHEDULE A DESCRIPTION Policy No.: 9408-02262 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS LOTS 88 TO 93 INCLUSIVE ON A CERTAIN MAP ENTITLED "MAP OF TOLLEWOOD" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JANUARY 25, 1927 AS MAP NUMBER 175. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 113.00 BLOCK 10.00 LOT 014.001 Pf- WAL SCHEDULE B Policy No.: 9408-02262 This policy does not Insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. UNTIL A GUARANTEED SURVEY IS RECEIVED, POLICY WILL NOT INSURE COURSES, DISTANCES AND DIMENSIONS OF SUBJECT PREMISES OR THE BED OF ANY STREET, ROAD OR AVENUE PASSING THROUGH SAME, AND WILL EXCEPT ANY FACTS SUCH A SURVEY OR PERSONAL INSPECTION WOULD SHOW. 2. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED. tl CHD -SCHEDULE B- • ENDORSEMENT Attached to and made a part of Pollcy No. 9408-02262 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: Xd) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dated: September 29, 1994 CHICAGO TITLE INSURANCE COMPANY 4orize fgna ory Note : This endorsement sha0naf be valid or binding until rounfersigned byen authorized signatory. Sao iary. S1itNDARD NEWYORK ENDORSEMENT (911193) FOR USE W177fALTA OWNERS POLICY (10/17/92) wrn~s EXCLUSIONS FROM COVERAGE The following matter; are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordi- nances, or regulations) restricting, regulating, prohibiting or relating to (t) the occupancy, use, or enjoyment of the land; (it) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is bas- ed on; (1) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent con- veyance or fraudulent transfer; or (it) the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATION" 1. DEFINITION OF TERMS (c) Whenever ih pany shall have brought an action or interposed a The following terms when used in this Aean: defense as required or permitted by the provisions of this policy, the Company (a) "insured the insured named in Schedule A, and, subject to any rights may pursue any litigation to final determination by a court of competent juris- or defenses the Company would have had against the named insured, those diction and expressly reserves the right, in its sole discretion, to appeal from who succeed to the interest of the named insured by operation of law as any adverse judgment or order distinguished from purchase including, but not limited to, heirs, distributees, (d) In all cases where this policy permits or requires the Company to prose- devisees, survivors, personal representatives. next of kin, or corporate or cute or provide for the defense of any action or proceeding, the insured shall fiduciary successors. secure to the Company the right to so prosecute or provide defense in the (b) "insured claimant an insured claiming loss or damage. action or proceeding, and all appeals therein, and permit the Company to (c) "knowledge" or "known": actual knowledge, not constructive knowl- use, at its option, the name of the insured for this purpose. Whenever edge or notice which may be imputed to an insured by reason of the public requested by the Company, the insured. atthe Company's expense, shall give records as defined in this policy or any other records which impart construc- the Company all reasonable aid (i) in any action or proceeding, securing live notice of matters affecting the land. evidence, obtaining witnesses, prosecuting or defending the action or pro (d) "land the land described or referred to in Schedule A, and improve. ceeding, or gffecting settlement, and (ii) in any other lawful act which in the ments affixed thereto which by law constitute real property. The term "land" opinion of the Company may be necessary or desirable to establish the title to does not include any property beyond the lines of the area described or the estate or interest as insured. II the Company is prejudiced by the failure of referred to in Schedule A, nor any right, title, interest, estate or easement in the insured to furnish the required cooperation, the Company's obligations to abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- the insured under the policy shall terminate, including any liability or obliga ing herein shall modify or limit the extent towhich a right of access to and from tion to defend. prosecute, or continue any litigation, with regard to the matter the land is insured by this policy. or matters requiring such cooperation. (e) "mortgage": mortgage, deed of trust, trust deed, or other security 5. PROOF OF LOSS OR DAMAGE instrument. In addition to and after the notices required under Section 3 of these Condi- (f) "public records' records established under state statutes at Date of lions and Stipulations have been provided the Company, a proof of loss or Policy for the purpose of imparting constructive notice or matters relating to damage signed and sworn to by the insured claimant shall be furnished to the real property to purchasers for value and without knowledge. With respect to Company within 90 days after the insured claimant shall ascertain the facts Section 1(a)(iv) of the Exclusions From Coverage, "public records' shall also giving rise to the loss or damage. The proof of loss or damage shall describe include environmental protection liens filed in the records of the clerk of the the defect in, or lien or encumbrance on the title, or other matter insured United States district court for the district in which the land is located. against by this policy which constitutes the basis of loss or damage and shall (g) "unmarkelability of the title an alleged or apparent matter affecting stale, to the extent possible, the basis of calculating the amount of the loss or the title to the land, not excluded or excepted from coverage, which would damage. If the Company is prejudiced by the failure of the insured claimant to entitle a purchaser of the estate or interest described in Schedule A to be provide the required proof of loss or damage, the Company's obligations to released from the obligation to purchase by virtue of a contractual condition the insured under the policy shall terminate, including any liability or obliga requiring the delivery of marketable title. lion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE In addition, the insured claimant may reasonably be. required to submit to The coverage of this policy shall continue in force as of Date of Policy in examination under oath by any authorized representative of the Company favor of an insured only so long as the insured retains an estate or interest in and shall produce for examination, inspection and copying, at such reason- the land, or holds an indebtedness secured by a purchase money mortgage able times and places as may be designated by any authorized representative given by a purchaser from the insured, or only so long as the insured shall of the Company. all records, books, ledgers, checks, correspondence and have liability by reason of covenants of warranty made by the insured in any memoranda, whether bearing a dale before or after Date of Policy, which transfer or conveyance of the estate or interest. This policy shall not continue reasonably pertain to the loss or damage. Further, if requested by any autho- in force in favor of any purchaser from the insured of either (i) an estate or rized representative of [tie Company, the insured claimant shall grant its interest in the land, or (ii) an indebtedness secured by a purchase money permission, in writing, for any authorized representative of the Company to mortgage given to the insured. examine, inspect and copy all records. books, ledgers, checks, correspon- 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT dente and memoranda in the custody orcontrol of a third party, which reason- ably pertain to the loss or damage. All information designated as confidential The insured shall notify the Company promptly in writing h) in case of any by the insured claimant provided to the Company pursuant to this Section litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to shall not be disclosed to others unless, in the reasonable judgment of the an insured hereunder of any claim of title or interest which is adverse to the Company, it is necessary in the administration of the claim. Failure of the title to the estate or interest, as insured, and which might cause loss or dam- insured claimant to submit for examination under oath, produce other reason - ageforwhichlheCompanymaybeliablebyvirtueoflhispolicy, or (iii) if title to ably requested information or grant permission to secure reasonably neces- the estate or interest, as insured, is rejected as unmarketable. If prompt notice sary information from third parties as required in this paragraph shall termt- shall not be given to the Company, then as to the insured all liability of the nale any liability of the Company under this policy as to that claim. Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION in no case prejudice the rights of any insured under this policy unless the OF LIABILITY Company shall be prejudiced by the failure and then only to the extent of the In case of a claim under this policy. the Company shall have the following prejudice. additional options: 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (a) To Pay or Tender Payment of the Amount of Insurance. CLAIMANT TO COOPERATE To pay or lender payment of the amount of insurance under this policy (a) Upon written request by the insured and subject to the options con- together with any costs, attorneys' fees and expenses incurred by the insured rained in Section 6 of these Conditions and Stipulations, the Company, at its claimant, which were authorized bythe Company, up tolhetime of payment or own cost and without unreasonable delay, shall provide for the defense of an tender of payment and which the Company t, obligated to pay. insured in litigation in which any third party asserts a claim adverse to the title Upon the exercise by the Company of this cplion, all liability and obligations or interest as insured, but only as to those slated causes of action alleging a tothe insured underthis policy, otherthan to make the payment required, shall defect, lien or encumbrance or other matter insured against by this policy. The terminate, including any liability or obligation to defend. prosecute. or con Company shall have the right to select counsel of its choice (subject to the tinue any litigation, and the policy shall be surrendered to the Company for right of the insuredtoobject for reasonable cause) to representthe insuredas cancellation. to those stated causes of action and shall not be liable for and will not pay the (b) To Pay or Otherwise Settle With Parties Other than the Insured or fees of any other counsel. The Company will not pay any fees, costs or With the Insured Claimant. expenses incurred by the insured in the defense of those causes of action (i) to pay or otherwise settle with other parties for or in the name of an which allege matters not insured against by this policy. insured claimant any claim insured against under this policy, together with any (b) The Company shall have the right. at its own cost, to institute and costs, attorneys' fees and expenses incurred by the insured claimant which prosecute any action or proceeding or to do any other act which in its opinion were authorized by the Company up to the time of payment and which the may be necessaryor desirable to establish the title to the estate or interest, as Company is obligated to pay; or insured. or to prevent or reduce loss or damage to the insured The Company (ii) to pay or otherwise settle with the insured claimant the loss or damage may take any appropriate action under the terms of this policy, whether or not provided for under this policy, together with any costs, attorneys' fees and it shall be liable hereunder, and shall not thereby concede liability or waive any expenses incurred by the insured claimant which were authorized by the provision of this policy. If the Company shall exercise its rights under this Company up to the time of payment and which the Company is obligated to paragraph it shall do so diligently. pay gpun Nie exercise by the Company of either of the options provided for in of When liability antl~xtem of loss or damage has been definitely fixed Oaragraphs (b)(il or (ii), the Company's obligali the insured under this in accordance with the nditions and Stipulations, the loss or damage policy for the ctairnecUoss ocd~mage. other tha aymenls required to be shall be payable within ys thereafter made, shall terminate, including any liability or igalion to defend, prose- cute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE (a) The Company's Right of Subrogation. This policy is a contract of indemnity against actual monetary loss or dam- Whenever the Company shall have settled and paid a claim under this age sustained or incurred by the insured claimant who has suffered loss or policy. all right of subrogation shall vest in the Company unaffected by any act damage by reason of matters insured against by this policy and only to the of the insured claimant. extent herein described. The Company shall be subrogated to and be entitled to all rights and (a) The liability of the Company under this policy shall not exceed the least remedies which the insured claimant would have had against any person or of property in respect to the claim had [his policy not been issued. If requested by h) the Amount of Insurance stated in Schedule A, or, the Company, the insured claimant shall Transfer to the Company all fights (it) the difference between the value of the insured estate or interest as and remedies against any person or property necessary in order to perfect insured and the value of the insured estate or interest subject to the defect, this right of subrogation. The insured claimant shall permit the Company to lien or encumbrance insured against by this policy. sue. compromise or settle in the name of the insured claimant and to use the (b) In the event the Amount of Insurance stated in Schedule A at the Date of name of the insured claimant in any transaction or litigation involving these Policy is less than 80 percent of the value of the insured estate or interest or rights or remedies. the full consideration paid for the land, whichever is less, or if subsequenl to If a payment on account of a claim does not fully cover the loss of the the Date of Policy an improvement is erected on the land which increases the insured claimant. the Company shall be subrogated to these rights and reme value of the insured estate or interest by at least 20 percent over the Amount of dies in the proportion which the Company's payment bears to [he whole Insurance slated in Schedule A, then this Policy is subject to the following: amount of the loss. h) where no subsequent improvement has been made, as to any partial If loss should result from any act of the insured claimant, as slated above, loss, the Company shall only pay the toss pro rala in the proportion that the [hat act shall not void this policy, but the Company, In that event, shall be amount of insurance at Dale of Policy bears to the total value of the insured required to payonfy that par[ of any losses insured against by [his policy which estate or interest at Date of Policy; or shall exceed the amount, if any. lost to the Company by reason of the impair (if) where a subsequent improvement has been made, as to any partial ment by the insured claimant of the Company's right of subrogation. loss, the Company shall only pay the loss pro rasa in the proportion that 120 (b) The Company's Rights Against Non-insured Obligors. percent of the Amount of Insurance slated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for The Company's right of subrogation against non-insured obligors shall the improvement. exist and shall include, without limitation, the rights of the insured to mclem- The provisions of this paragraph shall not apply to costs, attorneys' fees hires, guaranties, other policies of insurance or bonds, notwithstanding any and expenses for which the Company is liable under this policy, and shall only terms or conditionscontainedinlhoseinstrurnenlswhichprovideforsubroga - apply(othat portion of any loss which exceeds, in the aggregate, 10 percent of ti on fights by reason of this policy. the Amount of Insurance staled in Schedule A. (c) The Company will pay only those costs, attorneys' lees and expenses 14. ARBITRATION incurred in accordance with Section 4 of these Conditions and Stipulations Unless prohibited by applicable law. eitherthe Companyorthe insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of [he 8. APPORTIONMENT American Arbitration Association. Arbitrable matters may include. but are not If the land described in Schedule A consists of two or more parcels which limiled to, any controversy or claim between the Company and the insured are not used as a single site, and a loss is established affecting one or more of arising out of or relating to this policy, any service of the Company in connec- the parcels but not all, the loss shall be computed and settled on a pro rata lion with its issuance or the breach of a policy provision or other obligation. All basis as if the amount of insurance under this policy was divided pro rata as to arbitrable matters when the Amount of Insurance is $1,000,000 or less shall the value on Date of Policy of each separate parcel to the whole, exclusive of be arbitrated at the option of either the Company or the insuretl. All arbitrable any improvements made subsequent to Date of Policy, unless a liability or matters when the Amount of Insurance is in excess of $1,000,000 shall be value has otherwise been agreed upon as to each parcel by the Company and arbitrated only when agreed to by both the Company and the insured. Arbara- the insured at the time of the issuance of this policy and shown by an express lion pursuant to this policy and under the Rules in effect on the date the statement or by an endorsement attached to this policy. demand for arbitration is made or, at (he option of [tie insured, the Rules in 9. LIMITATION OF LIABILITY effect at Date of Policy shall be binding upon the parties. The award may (a) It the Company establishes the title, or removes the alleged defect, lien include attorneys' fees only if the laws of the state in which the land is located or encumbrance, or cures the lack of a right of access to or from the land, or permit a court to award attorneys' fees to a prevailing party. Judgment upon cures the claim of unmarke[ability of title, all as insured, in a reasonably the award rendered by the Arbitrator(s) may be entered in any court having diligent manner by any method, including litigation and the completion of any jurisdiction thereof. appeals therefrom, it shall have fully performed its obligations with respect to The law of the situs of the land shall apply to an arbitration under the Title that matter and shall not be liable for any loss or damage caused [hereby. Insurance Arbitration Rules. (b) In the event of any litigation, including litigation by the Company or with A copy of the Rules may be obtained from the Company upon request. the Company's consent the Company shall have no liability for loss or dam- age until (here has been a final determination by a court of competent jurisdic- 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT lion, and disposition of all appeals therefrom, adverse to the title as insured. (a) This policy together with all endorsements, it any, attached hereto by the (c) The Company shall not be liable for loss or damage to any insured for Company is the entire policy and contract between the insured and the Com- liability voluntarily assumed by the insured in settling any claim or suit without pany. In interpreting any provision of this policy, this policy shall be construed (he prior written consent of the Company. as a whole. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (b) Any claim of loss or damage, whether or not based on negligence, and LIABILITY which arises out of the status of the title to the estate or interest covered All payments under this policy, except payments made for costs, attorneys' hereby or by any action asserting such claim, shall be restricted to this policy, fees and expenses, shall reduce the amount of the insurance pro tango. (c) No amendment of or endorsement to this policy can be made except by 11. LIABILITY NONCUMULATIVE a writing endorsed hereon or attached hereto signed by either the President,a Vice President, the Secretary, an Assislan( Secretary, or validating officer or It is expressly understood that the amount of insurance under this policy authorized signatory of the Company. shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken to Schedule B or to which the 16. SEVERABILITY insured has agreed, assumed, or taken subject, or which is hereafter ex- In the event any provision of the policy is held invalid or unenforceable ecuted by an insured and which is a charge or lien on the estate or interest under applicable law, the policy shall be deemed not to include that provision described or referred to in Schedule A, and the amount so paid shall be and all other provisions shall remain in full force and effect. deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS 17. NOTICES, WHERE SENT (a) No payment shall be made without producing this policy for endorse- All notices required to be given the Company and any statement in writing men( of the payment unless the policy has been lost or destroyed, in which required to be furnished the Company shall include the number of this policy case proof of loss or destruction shall be furnished to the satisfaction of the and shall be addressed to the Company at the issuing office or [o: Company Chicago Title Insurance Company Claims Department Form No. 8235 171 North Clark Street Chicago, Illinois 60601-3294 M~ry~ AURELIUS J. SCLAFANI Attorney at Law 50 Hampton Street Sayville, New York 11782 (516) 589-3799 /t August 3, 1998 CAeCk/h Planning Board Office , Town of Southold Tow Hall 53095 Main Road Southold, New York 11971 Re: Lot Line Change Application Wankel: 113.00-10.00-015.00 Moran: 115.00-10.00-014.100 Dear Sir/Madam: I enclose application together will attachments, including eight copies of survey and filing fee in the amount of $250.00. A tabulation of attachments is included as a check-list. Thank you for your attention in processing this application and advising me of the public hearing. Very truly yours, AURELIUS J. SCLAFANI AJS:ck Encs. AUG 14 1Southold Town Planning Board • WT 1. 1-4 4ffw-T R lvw.+1~CC S ct+ / 13.w - ~o, w - O!S O-o fyosw.+ Srm+ //i.w - /air °!j~?^y STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) EDWARD WANKEL and JUDITH GORDON WANKEL, both residing at 57 Harriet Road, Bayport, New York, being duly sworn depose and say: Upon approval of Lot line change by the Town of Southold Zoning Board of Appeals, pursuant to application submitted by EDWARD WANKEL and JUDITH GORDON WANKEL, and CHARLES MORAN, and upon transfer of property 244.70'x 102.04', total 23,599.36 sq. ft. comprising westerly 25 feet of abandoned Penn Ave.; 50 feet Lot 94 and 27.04 feet easterly portion of Lot 95 - (part of SCTM 1000-112,00- 10.00 - 015,00) to CHARLES MORAN will be merged with the contiguous MORAN property (SCTM 1000-11J1.00-10.00-014.100). WARD WANKEL Sworn to before me this day of duly 1998 j4" %"r jH GOR ON WANKEL Notary Public R Lot Line Change Wl*el-SCTM 1 1.00-10.00-015.0 Moran-SCTM 11;.00-10.00-014.10 STATE OF NEW JERSEY ) 40 0 N-~j o f >3S s/ )ss.: TOWNSHIP OF WASHINGTON) CHARLES MORAN, residing at 14 Pascack Road, Washington Township, New Jersey, being duly sworn deposes and says: Upon approval of Lot line change by the Town of Southold Zoning Board of Appeals, pursuant to application submitted by EDWARD WANKEL and JUDITH GORDON WANKEL, and the undersigned, and upon transfer of property 244.70' x 102.04', total 23,599.36 sq. ft. comprising westerly 25 feet of abandoned Penn Ave.; 50 feet Lot 94 and 27.04 feet easterly portion of Lot 95 - (part of SCTM 1000-112.00- 10.00 - 015.00) to the undersigned will be merged with the contiguous undersigned's property (SCTM 1000-1132.00-10.00-014.100). lJ~c Sworn to before me CHARLES MORAN this day of AdrtJFy 1998 rpdc~us~ __SICL_L~---11 Notary Public BRIAN PRAYER NOTARY PUBLIC OF NEW JERSEY commission Explios 4/111200.3 ~ i TABULATION OF ATTACHMENTS TO APPLICATION FOR LOT LINE CHANGE WANKEL 113.00-10.00-015.00 MORAN 11,1.00-10.00-014.100 Eight copies of survey with required detail and references Notarized letter by owners with attached Lot Lines and areas Two separate affidavits by respective lot owners Letter - Re: no existing covenants with copies of title reports Letter - Re: Drainage, roads, grading Short environmental assessment form - Part I Application - notarized Questionnaire Three separate Transactional Disclosure forms Also Copies of Deeds to respective lots Copy of proposed Dee3 a er approval of application - 7-9,-fwa -4• , i' •R" Copy of property description of respective lots after approval of application Certificate of abandonment, pursuant to New York Real Property Law, Section 335 (3), Part of Penn Avenue (50 ft. x 244.70 ft.) • Re: ~t Line Change Wanke SCTM 113.00-10.00-015.00 Moran-SCTM 11ft.00-10.00-014.100 A'i ~1r s .July 1998 Planning Board Town of Southold Town Hall - 53095 Main Road Southold, New York 11971 Re: Lot Line Change - SCTM 100-112.00-10.00 -015.000 and SCTM 1000-11,2.00-10.00=014.100 Dear Sir/Madam: WHEREAS, EDWARD WANKEL and JUDITH GORDON WANKEL, his wife are the owners of a parcel, Mattituck, Town of Southold - Lots 94 to 98 incl., Map No. 175 filed January 25, 1923- SCTM 1000-112.00 -10.00- 015.000 and also the westerly one-half of Penn Ave. abandoned by the Town of Southold on October 4, 1995, which one-half is: 25.00' x 244.70', the total of parcel and westerly one-half of Penn Ave. comprises a parcel; 275.00 ft/ x 244.70 ft = 63,600,78 sq. ft. and WHEREAS CHARLES MORAN is the owner of a contiguous parcel Lots 88 thru 93 Incl., Map No. 175 filed January 25, 1923- SCTM 1000-115.00-10,00-014.100 and also the easterly one-half of Penn Avenue abandoned by the Town of Southold on October 4, 1995, which one-half is: 25.00' x 244.70, the total of parcel and easterly one-half of Penn Ave. comprises a parcel 325.00 ft. x 244.70 ft. = 75,164.55 sq. ft. and Planning Board - Town of Southold -2- July 1998 WHEREAS, the parties are desirous of relocating the lot line between the two parcels which will result in Wankel parcel having a lot 244.70' x 172.96'(40,001.42 sq.ft.) and Wankel transferring to Moran 244.70' x 102.04' (23,599.36 sq. ft) THE PARTIES AGREE AS FOLLOWS: 1. WANKEL to deed 23,599.36 sq. ft. (Westerly 25 ft. of abandoned Penn Ave; 50 ft. Lot 94 and 27 .04 ft. - easterly portion of Lot 95 - total 102.04' x 244.70' _ 23,599.36 sq. ft) to MORAN er approval of Lot Change Applicationby the Planning Board of the Town of Southold, Suffolk County State of New York. 2. The parties approve the lot line change as set forth hereinbefore. 3. The reasons for the lot line change: In negotiating for sale of premises owned by Wankel, each proposed buyer seeks property which complies with all the requirements of zoning Code of Town of Southhold and is unwilling to agree to a higher selling price for excess property owned by Wankel, 244.70' and 102.04'- Total 23,599.36 sq. ft. Wankel, and Moran, owner of premises contiguous and east of Wankel property have explored the utilization of the excess area, 23,599.36 sq. ft. , owned by Wankel to develop the excess area and combined with the area owned by Moran 244.70'x 325' - Total 75,164.55 sq. ft. for future development of parcel 98,763.91 sq. ft. Sworn to before me this day of July 1998. EDWARD WANKEL 57 Harriet Rd, Bayport, NY 11705 Notary Public Planning Board - Town of Southold -3- July , 1998 Sworn to before me this day of July 1998. JUDITH GORDON WANKEL Notary Public 57 Harriet Rd., Bayport, NY 11705 Sworn to before me this day of J* 1998. Au "s &G- ~ Notary Public CHARLES MORAN 14 Pascack Rd. BRIANMAVER Washington Township, NJ 07665 NOTARY PUBIC OF NEW JERSEY C~ Ill7i2on~ ' Re: of Line Change • Wanl#-SCTM 113.00-10.00-015.00 Moran-SCTM 11J.00-10.00-014.100 4wy '1998 Planning Board Town of Southold Town Hall - 53095 Main Road Southold, New York 11971 Re: Lot Line Change- SCTM 100-112.00-10.00 -015.000 and SCTM 1000-112.00-10.00=014.100 Dear Sir/Madam: WHEREAS, EDWARD WANKEL and JUDITH GORDON WANKEL, his wife are the owners of a parcel, Mattituck, Town of Southold - Lots 94 to 98 incl., Map No. 175 filed January 25, 1923- SCTM 1000-112.00 -10.00- 015.000 and also the westerly one-half of Penn Ave. abandoned by the Town of Southold on October 4, 1995, which one-half is: 25.00' x 244.70', the total of parcel and westerly one-half of Penn Ave. comprises a parcel; 275.00 ft/ x 244.70 ft = 63,600,78 sq. ft. and WHEREAS CHARLES MORAN is the owner of a contiguous parcel Lots 88 thru 93 Incl., Map No. 175 filed January 25, 1923- SCTM 1000-118.00-10,00-014.100 and also the easterly one-half of Penn Avenue abandoned by the Town of Southold on October 4, 1995, which one-half is: 25.00' x 244.70, the total of parcel and easterly one-half of Penn Ave. comprises a parcel 325.00 ft. x 244.70 ft = 75,164.55 sq. ft. and f Planning Board - Town Southold -2- • July , 1998 WHEREAS, the parties are desirous of relocating the lot line between the two parcels which will result in Wankel parcel having a lot 244.70' x 172.96'(40,001.42 sq.ft.) and Wankel transferring to Moran 244.70' x 102.04' (23,599.36 sq. ft) THE PARTIES AGREE AS FOLLOWS: 1. WANKEL to deed 23,599.36 sq. ft. (Westerly 25 ft. of abandoned Penn Ave; 50 ft. Lot 94 and 27.04 ft. - easterly portion of Lot 95 - total 102.04' x 244.70' _ 23,599.36 sq. ft) to MORAN after approval of Lot Change Applicationby the Planning Board of the Town of Southold, Suffolk County State of New York. 2. The parties approve the lot line change as set forth hereinbefore. 3. The reasons for the lot line change: In negotiating for sale of premises owned by Wankel, each proposed buyer seeks property which complies with all the requirements of zoning Code of Town of Southhold and is unwilling to agree to a higher selling price for excess property owned by Wankel, 244.70' and 102.04'- Total 23,599.36 sq. ft. Wankel, and Moran, owner of premises contiguous and east of Wankel property have explored the utilization of the excess area, 23,599.36 sq. ft. , owned by Wankel to develop the excess area and combined with the area owned by Moran 244.70'x 325' - Total 75,164.55 sq. ft. for future development of parcel 98,763.91 sq. ft. Sworn to before me thisp, `day of AIPj 1998. EDWARD WANKEL Notary Public 57 Harriet Rd, Bayport, NY 11705 Aurelius J. Sclafani Nolaryry Public NYS Reg SuffolkCT88n e Tenn Expires August 311,[0 fF Planning Board - Town of Southold -g- July , 1998 Sworn to before me this 122 day of -A* 1998. A"5 use Notary blic )5HIarriet TH GORE) Rd., Bayport , NY 11705 Hurelius j , Sc1~e1 N WANKE L Notary Pubfic NYS Suffolk Cr88Q51859. Term Expires August 31,Wq Sworn to before me this day of July 1998. Notary Public CHARLES MORAN 14 Pascack Rd. Washington Township, NJ 07665 Lot Line Pange Wankel 11a.00-10.00-015.00 Moran 111.00-10.00-014.100 Lot Line Change: Wankel Lot Retained 244.70' x 172.96' (1) 40,001.42 sq. ft. Lot Transfer to 244.70' x 102.04' (2) 23,599.36 sq.ft. Moran TOTAL 244.70' 275.00' (3) 63,600.78 sq. ft. Moran Present Area 244.70' x 325.00' (4) 75,164.55 sq.ft. Transfer to Moran 244.70' x 102.04" (5) 23,599.36 sq. ft. TOTAL 244.70 427.04 (6) 98,763.91 sq. ft. . Select figure: Figure Name: <Null> Course: N 03-45-00 E Distance: 244.70 Course: N 74-41-00 E Distance: 172.96 Course: S 03-45-00 W Distance: 244.70 Course: S 74-41-00 W Distance: 172.96 Perimeter: 835.32 Area: 40001.42 0.92 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: S 90-00-00 E Precision 1:835320000.00 1 Select figure: Figure Name: <Null> Course: N 03-45-00 E Distance: 244.70 Course: N 74-41-00 E Distance: 102.04 Course: S 03-45-00 W Distance: 244.70 Course: S 74-41-00 W Distance: 102.04 Perimeter: 693.48 Area: 23599.36 0.54 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: S 90-00-00 E Precision 1:693480000.00 Select figure: Figure Name: <Null> Course: N 03-45-00 E Distance: 244.70 Course: N 74-41-00 E Distance: 275.00 Course: S 03-45-00 W Distance: 244.70 Course: S 74-41-00 W Distance: 275.00 Perimeter: 1039.40 Area: 63600.77 1.46 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: S 90-00-00 E Precision l: 1039400000.00 3 Select figure: Figure Name: <Null> Course: N 03-45-00 E Distance: 244.70 Course: N 74-41-00 E Distance: 325.00 Course: S 03-45-00 W Distance: 244.70 Course: S 74-41-00 W Distance: 325.00 Perimeter: 1139.40 Area: 75164.55 1.73 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: S 90-00-00 E Precision 1: 1139400000.00 Select figure: Figure Name: <Null> Course: N 03-45-00 E Distance: 244.70 Course: N 74-41-00 E Distance: 102.04 Course: S 03-45-00 W Distance: 244.70 Course: S 74-41-00 W Distance: 102.04 Perimeter: 693.48 Area: 23599.36 0.54 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: S 90-00-00 E Precision 1:693480000.00 Select figure: Figure Name: <Null> Course: N 03-45-00 E Distance: 244.70 Course: N 74-41-00 E Distance: 427.04 Course: S 0345-00 W Distance: 244.70 Course: S 74-41-00 W Distance: 427.04 Perimeter: 1343.48 Area: 98763.91 2.27 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.000 Course: S 00-00-00 W Precision 1: 1343480000.00 4D zau PLANNING BOARD MEMB %%3FF0j/( BENNETT O Town Hall, 53095 Main Road 1rnOWSKI, JR. Gym P.O. Box 1179 Southold, New York 11971 WILLIAM J. CREMERS CCa Z Fax (516) 765-3136 KENNETH L. EDWARDS W T GEORGE RITCHIE LATHAM, JR. `F Telephone (516) 765-1938 RICHARD G. WARD y~ol ~aO~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1998 Aurelius J. Sclafani, Esq 50 Hampton St. Sayville, NY 11782 Re: Proposed lot line change for Wankel-Moran SCTM# 1000-113-10-14.1 & 15 Dear Mr. Sclafani: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 11, 1998: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final plans dated August 10, 1998. Conditional final approval was granted on October 26, 1998. All conditions have been fulfilled. Enclosed please find a copy of the plan which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. Sincerely, (jejne t 0 an enc. cc: Building Dept. Assessors r 'T 278-StnRderd N.Y.n.T.YJ. ko F, eculor'S DATE CODE J wma Ewe. INC.. LAW BLANK PUBLISHERS 7^ Decd, IndlYiduRl or CDrDDEP male sheet) B ANDE PL. Ar BROADWAY. N. Y. C. 10004 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. I THIS INDENTURE, made the 719 day of S~d~ , nineteen hundred and ninety four BETWEEN HOWARD R. GLADSTON a /~/So ~ed4O0fLy Yi,-,t- /Yl as executor of the Estate the last will and testament of ALBERT D. STERN late of 620 Meday Avenue, Mattituck, New York 11952 who died on the 22nd day of November nineteen hundred and ninety-two party of the first part, and EDWARD WANKEL and JUDITH GORDON WANKEL, husband and wife, residing at 57 Harriet Road Bayport, New York 11705, party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on March 31, 1993 and by virtue of the power and authority given in and by said last will and testament, and/or by Article It of the Estates, Powers and Trusts Law, and in consideration of Fifty-Four Thousand ($54,006.00) dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule A attached hereto and made part hereof. p r-ti I I-- 16t- ? ? 7 0 7- ]tf_ q- 3 -7 4 s' x„-t I 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 also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to conveyor dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees 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. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: THE ESTA ALB D. STERN B . rd R. 1 ton,Executoi STATE OF NEW YORK, COUNTY OF A n~9~~'~~~C sst STATE OF NEW YORK COUNTY OF u+ On the: 2,q day of said- 9 4 , before me On the da~ 19 before me ptrs~onally mine 110WARD R. GL DSTON personally came to me known to be the individual described in and who to me known to be the individual described in and who ex ted the foregoing instrument, and acknowledged that executed the tf foor going instrument, and acknowledged that executed the same. ,o, public. itds d Nat Ias. the Same. R. ttAEf Nd ~•,9tn5j~rk~ 17ieSEed ~ ".,"won Exdra Auart 11 STATE OF NEW YORK, COUNTY OF sst STATE OF NEW YORK, COUNTY OF su On the day of 19 before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. .V bra i, executoC'8 ]@eeb SECTION BLOCK 10 TITLE NO. LOT 15 The Estate of Albert D. Stern COUNTYORTOwN Southold, Suffolk By: howard R. Gladston, Executor STREET ADDRESS 5910 Westphalia Road TO Edward Wankel and RETURN BY MAIL TO: Judith Gordon Wankel Zip No. V LL O O O O 01 V W 0 N 7 C s d N N_ H 7 O< N K Policy ND.: 9408-0-1860 SCHEDULE A DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS LOTS 94 TO 98 INCLUSIVE ON A CERTAIN MAP ENTITLED "MAP OF TOLLEWOOD" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JANUARY 25, 1927 AS MAP NUMBER 175. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 113.00 BLOCK 10.00 LOT 015.000 e~cu. 278-Standard MY.n.T.U Form 8 Executor's DATE CODE Ju LU.OeRG. INC.. LAW BLANK PUIL.SN[nf Deed. IndMd or i5.Y D, st Rleshset) 80 NOR PL. AT BROADWAY. N. Y. C. 10004 CONSULT YOUR LAWYER REFO GNING THIS INSTRUMENT-THIS INSTRUMENT OULD RE USED NY LAWYERS ONLY. THIS INDENTURE, made the 7Z7 day of cS nineteen hundred and ninety four BETWEEN HOWARD R. GLADSTON /y'S~ /rl~d.4DUJfy /1/t~ r/oGr N.t/, boo/f I as executor of the Estate the last will and testament of ALBERT D. STERN late of 620 Meday Avenue, Mattituck, New York 11952 who died on the 22nd day of November nineteen hundred and ninety-two party of the first part, and CHARLES MORAN 14 Pascack Road Washington Township, New Jersey 07665 a party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on March 31, 1993 and by virtue of the power and authority given in and by said last will and testament, and/or by Article I1 of the Estates, Powers and Trusts Law, and in consideration of Fifty Thousand ($50,000.00) dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, AI.L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule A attached hereto and made part hereof. ~l1R~ar~ DBG 4/, 1--,q ~paf~ , l.~ 'f- 'yam a' r- 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 also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to conveyor dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees 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. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OP: THE EST ~F ALB R D. STERN B :f and R. ston, Executor ~~~~e n^ 1ecVY vnou rn. _*+v-v .n,• On the 2-V day of 19 99, before at a 19 before n„ personally came HOWARD it. G,,ADSTON ras•»ailp afe to me known to be the individual described in and who c :re kaov,a to b, the: nd,ndua described in and who ex red the foregoing instrument, and acknowledged that Y,I oteg^ag In. a, and acknowledged that executed the same. dr salu 'bs s R. caul .w Public, ysES d itwt fOb Nw°R'•1902953 -:,~QA,J t7ueMEed irt'1Rn STATE OR NEW YORK, COUNTY OF sst STATE OF NEW YORK, COUNTY OF su: On the day of 19 before me on the day of 19 before me personally came personally came to me known, who, being by me drily sworn, did depose and the subscribing witness to the foregoing instrument, with say that .he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that, he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto f%ecutar'is 3Dttb SECTION 113 TITLE No. BLOCK 10 LOT 15 The Estate of Albert D. Stern COUNTYORTOWN Southold, Suffolk By; howard R. Gladston, Executor STREET ADDRESS 5910 Westphalia Road . `IP Edward Wankel and RETURN BY MAIL TO: Judith Gordon Wankel Zip No. e SCHEDULE A DESCRIPTION Pclicy NO.: 9408-02262 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS LOTS 88 TO 93 INCLUSIVE ON A CERTAIN MAP ENTITLED "MAP OF TOLLEWOOD" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JANUARY 25, 1927 AS HAP NUMBER 175. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 113.00 BLOCK 10.00 LOT 014.001 rr~cn[ BURTON • BEHRENDT SMITH, P.C. 244 EAST MAIN STREET RATCHOGUE, NEW YORK 11772 (51B) 475-0349 FAX (51B] 475-0361 ENGINEERS CHARLES G. BURTON, L.S. ARCHITECTS JAMES B. BEHRENDT, L.S. SURVEYORS ROGER R. SMITH, R.A. August 10, 1998 Re: Reapportionment of lots 88-98 and P/0 Penn. Avenue Map of Tollewood Survey Description Lot A Our File No. 95-237 BEGINNING AT A POINT on the Northerly side of West Phalia Road Distant 126.00 feet from the intersection of the Northerly side of Westhphalia Road and the Easterly side of Cox's Neck Lane: • Thence Northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet; • Thence Easterly North 74 degrees 41 minutes 00 seconds East 172.96 feet; Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; • Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 172.96 feet to the POINT OR PLACE OF BEGINNING. am s B. Behrendt, L.S. Principal JBB: j jm BURTON • • BEHRENDT 244 EAST I SMITH, P.C. PATCHOGUE, NEW YORK 1772 (516) 475-0349 FAX (516) 475-0361 ENGINEERS CHARLES G. BURTON, L.S. ARCHITECTS JAMES S. BEHRENDT, L.S. SURVEYORS ROGER P. SMITH, R.A. August 10, 1998 Re: Reapportionment of lots 88-98 and P/O Penn. Avenue Map of Tollewood Survey Description Lot B Our File No. 95-237 BEGINNING AT A POINT on the Northerly side of West Phalia Road Distant 298.96 feet from the corner of the Northerly side of Westhphalia Road and the Easterly side of Cox's Neck Lane: • Thence Northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet; • Thence Easterly North 74 degrees 41 minutes 00 seconds East 427.04 feet; • Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; • Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 427.04 feet to the POINT OR PLACE OF BEGINNING. A ames B. Behrendt, L.S. Principal JBB:jjm Re: Lot Line Changes Wankel: SCF.M 10.00-10.00-015.00 Moran: SCTM 11L2.00-10.00-014.100 Proposed Transfer P/O Lot 78, Lot 79 and P/O Penn Avenue Map of Tollewood Survey Description BEGINNING AT A POINT on the Northerly side of Westphalia Road Distant 298.96 feet from the intersection of the Northerly side of Westphalia Road and the Easterly side of Cox's Neck Lane: ¦ Thence Northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet; • Thence Easterly North 74 degrees 41 minutes 00 seconds East 103.49 feet; ¦ Thence Southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet to the Northerly side of Westphalia Road; • Thence Westerly along the Northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 103.49 feet to the POINT OR PLACE OF BEGINNING. 3 6 5 1 Cy i 1 1 Vi v.i . c~, i 4 1995 CERTIFICATE OF ABANDONMENT Ld /1: 10 AM PURSUANT TO NEW YORK REAL PROPERTY LAW 5335 (3) EDVJ,FUrF OOLKCCU C0U CLEFIK OfSUFF:4l CHARLES MORAN, residing at 14 Pascack Road, Washington Township, New Jersey 07665, and EDWARD WANKEL and JUDITH GORDON WANKEL, husband and wife, residing at 57 Harriett Road, Bayport, New York 11705, for the purpose of abandoning and canceling the subdivision of a certain tract of land owned by them and hereinafter described, pursuant to New York Real Property Law § 353(3), do hereby certify as follows: 1. A certain map dividing such tract of land and other land situate in the Town of Southold, County of Suffolk, State of New York, into 'lots, plots, blocks or sites, with opened and proposed roads, entitled "Map of Tollewood° was filed in the Suffolk County C.lurk's Office on January 25, 1927 as Map No. 175; 2. More than twenty (20) years have lapsed since the filing of said map; 3. The tract of land which is to be abandoned and canceled, is situate in the Town of Southold, County of Suffolk, New York State and is a portion of the street known as Penn Avenue, more particularly described in "Schedule All which is annexed hereto and made a part hereof; 4. CHARLES MORAN owns the property bounded by the portion of said street to be abandoned, being the same premises conveyed by deed dated 9/29/94 and recorded on 11/4/94 in the office of the Suffolk County Clerk at Liber 11701 Page 277 and filed on 11/4/94 in the Suffolk County Registrar's office in Torrens Title Document No. 436648, Certificate 27294. The portion of said street to be 12 84 0 VARS. Not FILED OCT 041995 abandoned, more particularly described in "Schedule Ell annexed hereto and made a part hereof, is entirely within the bounds of the property to be abandoned, and such portion thereof is neither opened, nor public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest in any part of the subdivision; 5. EDWARD WANKEL and JUDITH GORDON WANKEL, husband and wife, own the property bounded by the portion of said street to be abandoned, being the same premises conveyed by deed dated 9/29/94 and filed on 12/5/94 in the Suffolk County Registrar's office in Torrens Title Document No. 437982, Certificate 154501. The portion of said street to be abandoned, more particularly described in "Schedule C" annexed hereto and made a part hereof, is entirely within the bounds of the property to be abandoned, and such portion thereof is neither opened, nor public highway, nor used by the public, nor necessary for the use of owners, occupants or any other persons having an interest in any part of the subdivision; G. The undersigned do hereby ABANDON and CANCEL the subdivision of such tract of land described in "Schedule All, including a portion of said street known as Penn Avenue which shall no longer exist upon the approval and recording of this certificate. 7. A copy of this Certificate of Abandonment has been approved and endorsed by the Assessor of the Town of Southold. A copy of said endorsement is annexed as Exhibit A, and made a part hereof. 8. An abstract of title for the property to be abandoned covering a period of at least twenty years is annexed hereto as Exhibit B, and made a part hereof. Said abstract prepared by Chicago Title Insurance Company (No. 95-08-01331) includes a tax search which states that are no unpaid tax liens against such property to be abandoned, and said abstract shall be submitted and approved by the Suffolk County Clerk when this certificate is presented for recording. IN WITNESS WHEREOF, this Certificate of Abandonment is made and executed this ? day of J<<^- 1995. i CHARLES MORAN EDWARD WANKEL JUDITH GORDON WANKEL STATE OF N.~1) COUNTY OF&r32JJ ) SS.: On the,)01411 day of J'ti y 1995, before me personally came Charles Moran to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. X-- _ ".pMYCTME {pwp" WN&K X0F0*Wj0Q&r aroow.~csaNOawes wo~c Ta TlY7 S'1'ATL OF ?RU JAS ) COUNTY OF gPgpiK3 ) SS. On the%0.day of Ta <y 1995, before me personally came Edward Wankel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY FUBUC OF NEWJS%M MY COMMMS" OW"S WK i; IW7 STATE OF W TC~SN) COUNTY OF gQf9P W ) SS.: On theh,'N day of 9 1995, before me personally came Judith Gordon Wankel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she execuced the same. NOTARY PL%LLM Of NEW JERSEY MY COMMIMS" D"" WX 11.1847 SCHEDULE A BEGINNING AT THE CORNER formed by the intersection of the northerly side of Westphalia Road and the westerly side of Penn Avenue. THENCE northerly along the westerly side of Penn Avenue North 03 degrees 45 minutes 00 seconds East 244.70 feet; 'T'HENCE easterly North 74 degrees 41 minutes 00 seconds East 50.00 feet to the easterly side of Penn Avenue; THENCE southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet along the easterly side of Penn Avenue to the northerly side of Westphalia Road; THENCE westerly along the northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 50.00 feet to the POINT OR PLACE OF BEGINNING. SCHEDULE B BEGINNING AT THE CORNER formed by the intersection of the northerly side of Westphalia Road and the easterly side of Penn Avenue. THENCE westerly along the northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 25.00 feet to the center line of Penn Avenue; THENCE northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet along the center line of Penn Avenue; THENCE easterly North 74 degrees 41 minutes 00 seconds East 25.00 feet to the easterly side of Penn Avenue; THENCE southerly along the easterly side of Penn Avenue South 03 degrees 45 minutes 00 seconds West 244.70 feet to the northerly side of Westphalia Road and the POINT OR PLACE OF BEGINNING. SCHEDULE C BEGINNING AT THE CORNER formed by the intersection of the northerly sid of Westphalia Road and the westerly side of Penn Avenue. THENCE northerly North 03 degrees 45 minutes 00 seconds East 244.70 feet along the westerly side of Penn Avenue; THENCE easterly North 74 degrees 41 minutes 00 seconds East 25.00 feet to the center line of Penn Avenue; THENCE southerly South 03 degrees 45 minutes 00 seconds West 244.70 feet along the center line of Penn Avenue to the northerly side of Westphalia Road; THENCE westerly along the northerly side of Westphalia Road South 74 degrees 41 minutes 00 seconds West 25.00 feet to the POINT OR PLACE OF BEGINNING. APPROVAL OF THE SOUTHOLD TOWN ASSESSOR FOR ABANDONMENT OF MAPPED PROPERTY WITHIN THE TOWN OF SOUTHOLD I, Scott A. Russell, the Assessor of the Town of Southold, Suffolk County, State of New York, have examined and reviewed the Certificate of Abandonment annexed hereto. The undersigned, Assessor of The Town of Southold, Suffolk County, State of New York, doe hereby consent and approve the annexed Certificate of Abandonment, which is to be promptly filed in the Office of the Suffolk County ierk. Sco t A. Russell STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the--.-Oday of 1995, before me personally came Scott A. Russell to me known to be the individual described in and who executed the foregoing instrument, and knowledged that he executed the same. /ROBERT I. SCOTT. JR. NOTARY PUBLIC, State of I.Y. No. 4725089. Suffolk County Term Expires May 31. 19C ,