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HomeMy WebLinkAbout1000-18.-3-9.1NOTL '5, OIdiLNV TC)V,/N 01'-'"'' -, .-. : ~ ,? b P -- - i /' sd ( '~[,Gi,/ AC, ) I004, I t ~ect k~, ~zDo~4 v.~o4 Q < 0 APPROVED BY. PLANNING BOARD TOWN OF SOUTHOLD tA S Ut'EO I: Southold, N.Y. 11971 (516) 765-1938 June 7, 1988 David Kapell 400 Front Street P.O. Box 463 Greenport, NY 11944 RE: Shapiro, Townsend, & Plum Gut Properties ' SCTM #1000-18-3-9.1 & 9.2 Dear Mr. Kapell: The following action was taken by the Southold Town Planning Board on Monday, June 6, 1988. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated February 2, 1987 for this set off located at Orient. ' The Health Department approval is stamped on the minor subdivision survey of Joseph Townsend and Plum Gut Properties dated as amended March 11, 1988. However, the Health Department approval is also good for the survey dated February 2, 1987. If you have any questions, Please do not hesitate to contact this office. Very truly yours, CHAIRMAN cc: Assessor's Building Department D T( LD ~ Y Southold, N.Y. 11971 (516) 765-1938 April 1, 1987 Mr. David Kapell Kapell Real Estate 400 Front Street Greenport, NY 11944 Re: Shapiro, Plum Gut Properties, Ltd, and Townsend Dear Mr. Kapell: Please let this confirm the following actions taken by the Southold Town Planning Board, Monday, March 30, 1987. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the set off of Shapiro, Plum Gut Properties, Ltd and Townsend located at Orient. An initial determination of non-significance has been made. RESOLVED that the Southold Town Planning Board grant approval to the set off of Gary Shapiro, Plum Gut Properties, Ltd. and Joseph L. Townsend,Jr. located off a right-of-way ~rom Main Road, Orient to set off 2.984 acres from 18.6 survey dated February 2, 1987; subject to: 1. Covenants and restrictions, filed in the Office of the County Clerk, that any further subdivision of the remaining property must be a minor subdivision of no more than 4 lots. 2. Approval of the Suffolk County Department of Health Services, pursuant to Article 6. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 10293 DECLARATION made this /~day of April, 1987 by PLUM GUT PROPERTIES, LTD., a New York corporation having an office at 400 Front Street, Greenport, New York 11944 and JOSEPH L. TOWNSEND, JR., residing at (no #) Main Road, East Marion, New York 11939, 1000 018.00 BLOCK 03.00 009.001 WHEREAS, GARY SHAPIRO, PLUM GUT PROPERTIES, LTD. and JOSEPH L. TOWNSEND, JR., have received a set off approval by Resolution dated March 30, 1987 of the Southold Town Planning Board and, WIlEREAS, the said approval was subject to inter alia covenants and restrictions being.filed in the office of the County Clerk as set forth in said Resolution and affecting only premises owned by PLUM GUT PROPERTIES LTD. and JOSEPH L. TOWNSEND, JR., to wit, that covenants and restrictions be. filed in the office of the County Clerk, that any further subdivision of the remaining property must be a minor subdivision of no more than four (4) lots, and WllEREAS, PLUM GUT PROPERTIES, LTD. and JOSEPH L. TOWNSEND, JR. represent that they are the owners of the aforementioned property which is described in Schedule "A" attached hereto, NOW, TIIEREFORE, the premises described restricted as follows: PLUM GUT PROPERTIES, LTD. and JOSEPH L. covenant and represent that any further property described in of no more than four in Schedule "A" shall be TOWNSEND, JR. hereby subdivision of the Schedule "A" must be a minor subdivision (4) lots. IN WITNESS WHEREOF, the parties hereto have duly executed the foregoing covenants and restriction the day and year first- above written. PLUM GUT PROPERTIES, LTD. oOSEPH L. TOW STATE OF NEW YORK COUNTY OF SUFFOLK SS~.: On the/~day of April, 1987 before me personally came DAVID E. KAPELL to me known, who, being by me duly sworn, did depose and say that he resides at 143 6th Street, Greenpork, New York, that he is the President of PLUM GUT PROPERTIES, LTD., the corporation described in and which executed the foregoing in- strument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of tbe board of directors of said corpora- tion, and that he signed his name thereto by li~3~de o 6 / uhlic STATE OF NEW YORK COUNTY OF SUFFOLK SS.: On the /5~day of April, 1987, before me personally came JOSEPH L. TOWNSEND, JR. to me known to be the individual described instrument, and~cknowledged [-hat in and who executed the foregoing ~~~ he executed the same. -- ~-tat Puhiq~ - - - 2 - ALL that cer thin plot, pice. or parcel o! Innd, with the buiMi.g.~ n.d impmvement~ ther.~n mecled, sittmte. S~ate of fiery York, being bounded and described as follows: BEC, INtIIr]G at a ~)oint on the northerly side of Main (Skate) Road, said point heine distant 3,641.13 feet easterlv, as measured along tile northerly side of ~tain Road, from the corner formed bv the intersection of the easterly side of Youugs Avemle with the northerly side of .~ain Road, said Deist also being where the soutlvqesterly corner of ]and of New Vork State intersects the sa.id northerly side of Mail] Road, and from raid point of beqinnlnq; RUNNING a]oml raid northerly line of Main Road, Soutl~ 62a 46' 00" Nest, 50.05 feet to land no~ or ~ormerly of C~ordon a~d [lnmburqor; TIIENCE alonq sa~d ]and of C, ordon and llamburger, three courses: ]) North 29° 50' 30" West, 16~.89 feet; thence 2) ~lorth 46" 56' 10" Nest, 101.14 feet; thence 3) South 62° 46' 00" West, 346.92 feet to land now or formerly of Edwards !]state; THENCE alonq said land now or formerly of Edwards Estate North 37° 32' 00" West, 1004.11 feet to ]and of Rigos; TIIENCE aloag said laud of Riqos, tlorth 55° 58' 00" East, 522.88 feet to land of John Tuthill; TItENCE along said ].and o[ John Tuthil], South a6e 56' 10" East, 1374.18 feet to said northerly line of Main Road; TIIENCE along said northerly line of Main Road, South 60° 30' 40" West, 41.8k feet to said land of New York State; TIIENCE along said land of New York State, three courser: ]) North 46" 47' 50" West, ].82.99 feet, thence 2) South 6¢)" 09' 30" West, 269.67 foot; thence 3) South 29° 50' 30" East, 174.68 feet to the point of BF, CJNNI[IG. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 0] 8.00 BLOCK O]. 00 LOT 0119. 001 RODeRiCk VAN TUYL, P.C. 218 FRONT STREET GREENPORT, NEW YORK 11944 516-477~) 170 TO ,Joutaol~ lown ?l~nning Board Hall ~outbol~i, i~Y 11971 Gentlemen: Under separate cover we ar~ Gubmitting -the 2izml m~Lps of "Plt]~_, Gut Pz~j~rties" at Orient~ for your proce:;[:"_;.n for approval. In oehalf o~ the developer, w(~. tru,~t that this process will be on ~n ~n:'ly a~enda ~ ~he Board. Item # ML5N72 i Wheeler Group ~nc 1982 FOLD AT (--) TO FIT DRAWING BOARD ENVELOPE # EWIOP BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Flanders RoaR, Box 1771 Riverhead, New York 11901 (516) 369-0100 RECE WO KAPELL REAL ESTATE, INC. SO(]'[J]OLI] ]'OWN PJ. JIJ~ING Po i :tBSolrx ;3 __MAY 2 3 1988 Green~rt, New York 11~4 DATE 51 ~477-0100 May 23, 1988 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 Ref: Set-off application of Townsend, Plum Gut & Shapiro Dear Mr. Chairman: In connection with the above referenced project I submit, herewith, four copies of a map stamped and signed by the Suffolk County Dept. of Health Services for five lots including the two approved by your Board on April 1, 1987 conditioned on said ac- tion. Would you please sign these maps and return one to me so as to finalize this project. Thanks for your help. Very truly yours, E. mapell D T LD S Southold, N.Y, 11971 (516) 765-1938 April 1, 1987 Mr. David Kapell Kapell Real Estate 400 Front Street Greenport, NY 11944 Re: Shapiro, Plum Gut Properties, Ltd, and Townsend Dear Mr. Kapell: Please let this confirm the following actions taken by the Southold Town Planning Board, Monday, March 30, 1987. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the set off of Shapiro, Plum Gut Properties, Ltd and Townsend located at Orient. An initial determination of non-significance has been made. RESOLVED that the Southold Town Planning Board grant approval to the set off of Gary Shapiro, Plum Gut Properties, Ltd. and Joseph L. Townsend,Jr. located off a right-of-way £rom Main Road, Orient to set off 2.984 acres from 18.6 survey dated February 2, 1987; subject to: 1. Covenants and restrictions, filed in the Office of the County Clerk, that any further subdivision of the remaining property must be a minor subdivision of no more than 4 lots. 2. Approval of the Suffolk County Department of Health Services, pursuant to Article 6. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Fhnders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-0100 Mr. Bennett Orlowski, Jr. Chairman, Southold Planning Board Main Road Southold, N.Y. 11971 Dear Mr. Chairman: May 4, 1988 Re: Set-off application of Shapiro, Townsend & Plum Gut On March 30, 1987 your Board approved the above referenced appli- cation subject to the filing of covenants and approval of the plan by the Suffolk County Dept. of Health Services. I enclose, herewith, a copy of the map approved by the SCDHS and a conformed copy of the Declaration of Covenants refered to above. Would you please sign our map and forward same to me to finalize this project. Thankyou very much for your help. Sincerely, · Kapell '! p~D Southold, N.Y. 11971 (516) 765-1938 April 1, 1987 Mr. David Kapell Kapell Real Estate 400 Front Street Greenport, NY 11944 Re: Shapiro, Plum Gut Properties, Ltd, and Townsend Dear Mr. Kapell: Please let this confirm the following actions the Southold Town Planning Board, Monday, March 30, taken by 1987. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the set off of Shapiro, Plum Gut Properties, Ltd and Townsend located at Orient. An initial determination of non-significance has been made. RESOLVED that the Southold Town Planning Board grant approval to the set off of Gary Shapiro, Plum Gut Properties, Ltd. and Joseph L. Townsend,Jr. located off a right-of-way from Main Road, Orient to set off 2.984 acres from 18.6 survey dated February 2, 1987; subject to: 1. Covenants and restrictions, filed in the Office of the County Clerk, that any further subdivision of the remaining property must be a minor subdivision of no more than 4 lots. 2. Approval of the Suffolk County Department of Health Services, pursuant to Article 6. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary BRANCH OFFICES 21 North Ferry Road Shelter Island, New York 11964 (516) 749-3030 10 Flanders Road Rivexhead, New York 11901 (516) 369-0044 KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 (516) 477-9403 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 February 23, 1987 Dear Mr. Chairman: Enclosed herewith please find an application for a set-off of land located in Ori- ent. The parcel proposed to be set-off already exists in fact since it was conveyed by deed dated April 23, 1982 by the prior owner of the total property, Leon C. Marcus, to Evangelos & Chrysoula Rigos. This parcel was subsequently conveyed by Rigos to Gary Shapiro by deed recorded on 8/1/84. The parcel conveyed is three acres in size and is improved by a one family house. The right of way to this parcel was approved by the Zoning Board of Appeals in 1972. The remaining property of 15.7 acres was conveyed by Marcus to Joseph L. Townsend, Jr. and Plum Gut Properties, Ltd., of which I am president, by deed dated September 27, 1984. On October 5, 1986 my group, Townsend & Plum Gut, made application to the Suffolk County Dept. of Health Services for Article VI approval, of a plan for a four lot minor subdivision of our parcel. In response, the Health Dept., by notice dated October 31, 1987, informed us that our application could not be advanced unless Shapiro's property is shown as a fifth lot on our plan. This was the first time that we became aware that our property had not been approved by SCDHS. Further investigation at Town Hall dis- closed that Marcus had also not obtained Planning:Board approva! for the set-off. Even the Planning Board, itself, overlooked the defect in that sketch plan approval was gi- ven Marcus for the same four lot subdivision which we now propose. In summary, we ask that the Planning Board approve our request for a set-off to ratify existing property lines between the Townsend/Plum Gut parcel and that of Shapiro. After approval of this request we will resubmit the original four lot minor subdivision plan originally proposed by Marcus which had recieved sketch plan approval by your Board. Thankyou for your help in sorting out this.~problem. Best Regards, vid E. Kapell ~ee~ ~ee II FEB 1987 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ...Gar},..Shapi.no,. P/am. Gu.t..[?roaerti~s,. L.~d ........ .t..qo~.er.h.k.. J.Q~0.s.e.~ ~..Or ........... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Connty Clerk's office as follows: Liber .......... 9655 .......... Page ....... 542 ............ On ... ~0/.1.Q/8.4 ........... ; Liber .......... 9.§1~ .......... Page ........ 6~ ............ On .... ~3/.1,/. 8..4 ............ ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distributee ........................................................................ 5. The area of the land is . + 18.7 acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ 7. The land is encnmhered by ............................................................. 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 ........................ 9. The land lies in the following zoning use districts . A-.figFJ.c. tll~:~?.~l, fR~.~.der~.tisl ....... I0. No part of the land lies under water whether tide water, stream, pond water or other~vise, ex- cept .................................................................................. 11. The applicant shall at his expense install ali required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by ........................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... ..................................... and (a) (no) charge will be made for installing said lines. 15. 16. 17. 18. 19. 20. 21. Gas mains xvill be installed by ............................................................ and (a) (uo) charge will be made for installing said mains. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Itighxvay system, annex Schedule "B" hereto, to show same. 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. There are no existing buildings or structures on the land which are not located and showu on the plat. Where the plat shows proposed streets which are extensious of streets on adjoiuing sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing ~naps at their conjnnctions with the proposed streets. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. Std)mit a cop3, 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 xvill be written by a licensed surety company unless otherwise shown on Schedule "F". Gary Shapiro Joseph L. Townsend, Jr. DATE ....... Eebruar.2t ..... ~.% ..... , 19..87. .Plum .G..ug..P. rep.e.~t.i..e.s.,..L.t.¢.. ................. By~.,?of Applicant) P. lT.e.s...(S3~nature . .P~[~IIII .GUt..P.r. 0pert les, and Title) Pt. 0. Box 463 . .Gr.e.e.n.p. 9 r.t.,...N,y..... J.1.9.4.4. ..................... (Address) STATE OF NEW YORK, COUNTY OF ................................. ss: On the .................. day of ............................. , 19 ....... before me personally came ........................................... to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ............ Stt[f..olk. ....... ss: On the ...q~..~./3~..~.... day ............ of ..£.e. bruar, y..., 19.8]..., before me personally came David E. Kapell ..................... to me known, who being by me duly sworn did de- pose and say that ..... he. .... resides at No.. 4~0. Front. Sr. eeet.,..Greellp0r.t.r .N,.Y. ............ ................................ that ............. he ........... is the pres. i. derl.t .................. of . .[? 1 um .Gut. P. r0pent i es.,.. Ltd ............................................. the corporation described in and which executed the foregoing instrument; that ..... ~l(~ ..... knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that .......... h.esigned ....... ll.i.s.., name thereto by like order. Plum Gut Properties, Ltd. Officers & sole shareholders: President - David E. Kapel! Secretary - Sarah A. deHavenon Treasurer - Rebecca A.L. deHavenon Adjoining Property Owners 18-3-30.4 18-3-24 18-3-6.16 18-3-22 18-3-23 18-3-16 Mackay Isabel D. EST. & Dorman L. Ano. Gurney Clark J. & Ronnie Hale Phillis E. Meyer Carol Jean & Asperger Joanna Papadakis Popp~ New York State FEB 2. 1987 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Set-off Application of Joseph L. Townsend, Jr. Plum Gut Properties, Ltd. Gary Shapiro The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, E. Kapel 1 -Plum Gut Properties, Ltd. ol 4-1 ~4 (9/84) PART I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IOIECT I.D. . DIVISION OF REGULATORY AFFA RS / State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Project Information (To be completed by Applicant or Project sponsor) NUMBER FEB ,, Project Name 1. Applicant/sponsor Plum Gut Properties, LI~o% Jos. L. Townsend, Jr. Gar.¥ Shapiro / 3. Project location: Municipality Orient/SouthoId cou,ty SuffoIk 4, IS proposed action: [] New [] Expansion [] Modification/alteration 5. Describe project briefly: Applicants propose to ratify existing lot division which was made by a prio~ owner without the necessary approval of the Southo]d Planning'Board & the Suffoik County Dept. of Health Services. 6. Precise location (road intersections, prominent landmarks, etc. or provide map) HaIes Road, Orient, N.Y. 7. Amount of land affected: Initially 18.7 acres Ultimately 1 8.7 acres 8. WdJ proposed action comply with existing zoning or other existinl~ land use restrictionsf [~ Yes [] No If No, describe briefly / 9. What is present land use m vicinity of project~ [~ Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other ~. Describe: Parcel to be set-off is im'lY~oved with a one family house, balance of land is tilled farmland. 10 Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or Iocal)~ [~ Yes [] NO If yes, list agency(s) and permit/approvals SCDHS Article VI 11. Does any aspect of the action have a currently valid permit or approval1 [] Yes [] NO If yes, list agency name and permRJapprovaJ type Right of way to existing house has been approved by the ZBA. 12 AS result of proposed action will existing permit/approval require modification' I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApphcanUsp~)ame: David F. / KaDe]I Pres.- PLum Gut Properties, Ltd. Date: 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 2/22/87 C:ONSULT YOUR LAWYER BEFORI SIGNING THIS INSTRUMINT. THIS INSTRUMINT SHOULD Il USSD IY LAWYERS ONLY THIS INDENTURE, made the 27 day of September , nineteen hundred and eighty- fou BETWEEN LEON I'~RCUS, residing c/o Booth, Marcus & Pierce 79 Fifth Avenue, New York, New York, ' party of the first part, and PLUM GUT PROPERTIES, LTD., a domestic ¢orpo.ration with offices at no #, Front Street, Greenport, New York and JOSEPH yTOWNSEND/, residing at no #, Main Road, East Marion, New York, L Jr. District: 1000 qection: )18.00 ~1o ck: )3.00 ,ot: )09. 001 party of the second part, WITNE$$ETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingand being in the at Oreenport, Town of Southold, Count. y of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Main (State) Road, said point being distant.3,641.13 feet easterly, as measured along lh~e~_n_o~r_t~h.e._r_ly .sl.d.e of M.aln. Road.: from the cOrner formed by the - .,L=~unxvn or tne easterly Sl(le of Youngs Avenue with t~e northerly side of Main Road, said point also being where the southwesterly corner.of land of New York State intersects the said northerly side of Main Road, and from said point of beginning. RUNNING along said northerly line of Main Road, South 62 degrees 46 minutes 00 seconds West, 50.05 feet tola,&nd:,now, or~formerly of GHOr.don and Hamburger; THENCE along said land ro~i..~n~, amnurger, three courses: 1) North 29 degre~sff~ii~'-3.0 seconds West, 164.89 feet; thence 2) North ~d'~6~ 19 seconds West, 101.14 feet; thence 3) South 62~t'~ 46 minutes 00 seconds West, 346.92 feet to land now or formerly of Edwards Estates; THENCE along said land now or formerly of EdwardB Estate North 37 degrees 32 minutes 00 seconds West, 1004.11 feet to land of R%gos; THENCE along said land of Rigos, North 55 degrees 58 m~nutes 00 seconds-East, 522.88 feet to land of John Tuthl.'ll; THENCE along said land of John Tuthill, South 46 degrees 56.m~nutes 10 seconds East¢ 1374.18 feet to said northerly l~ne of Ma~n Road; THENCE along sa~d northerly line of Main Road, South 60 degrees 30 minutes 40 seconds West, 41.81 feet to said land of New York State; THENCE along said land of New York State, three courses: 1) North 46 degrees 47 minutes 50 seconds West, 182.99 feet, thence 2) South 60 degrees 09 minutes 30 seconds West, 269.67 feet; thence 3) South 29 degrees 50 minutes 30 seconds East, 174.68 feet to the point of BEGINNING. SUBJECT to the rights of others in and to and oveac the right of way running along the northerly and easterly bou0~ries of the subject pr~ises as shown on survey made by Van Tuyl & Sons, dated Nov~nber 12, 1972, September 21, 1983 al~ }~rch 21, 1984. . . :~_~.,~0. ~5 ~ to I+ilco ~ recorded in the Suffo plea L~lty Clerk's Office * .w. ttahn,a~ r'~.Wt! e and m. terest, ,f any, of the party of the first rtC?n1 - and to any streets and · oaus aoumng me anove uescnoeo premises to tle center lines thereof; T GETHER with the appurtenances and all the estate and rights of the party of the first part in and In sa~'~ the premises herein granted unto the party of the second part, the heirs or successors and assigns of premises; TO HAVE AND TOHOLD the party of the second part forever. · in Liber 7411 page 01. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. ' AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN. WITNleS$ WHleR£OF, the party of the first part has dnly executed this deed the day and year first above written. OCT 1 0 1984 TRAN~'--. IA" ?.,. -: -. ,, !( -.A Leon Ma/rcus b/]Ch-~rles R. CudS' At toz~fey- in-Fac t ~,f STATI OF NIW YORK, COUNTY OF On the clay of personally came SS: 19 , before me to me known to be the individual described in and who executed the foregning instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me pt'rsonally came to me known, who, being by me duly sworn, did depose and say Ihat he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal afl~xed to said instrnment is such corporate seal; that it was so afl~xed by order of the board of directors' of said corpora- tion, and that he signed h name thereto by llke order· COUNrly OF SUFFOLK )~.: STATI OF NM YORK, COUNTY OF SS: On the day of 19 , before me personally c~une to me known to be the individual described in and who executed the: foregoing instrument, and acknowledged that executed the same· STATE OF NIW YORK, COUNTY SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. On this 27th day of Sept~:Aer, 1984, before me ~ersonally csme CHARLES CUDDY, to me known to be the individual described in and who executed the f.ore~oi~.ng. ,instrument~ and. to be known to be the Attorney in fact of Leon Marcus, ~n~, lr~. ~v~ual des?rlbed in and who by his attorney-in-fact executed the sa~.., ar~ acknowledged, that he executed said instru~ent as the act and deed of sa~d .L.e. on_Ma~r~cus by V~rtue of a Power of At~og~e. y dated July 2, 1984, and recorded in the ~urrolk ~ounty Clerk's Office cn ~ ~ , 1984, in Liber4~9~- Pa~e · /O~, ar~ also swore.before me that ~he sa'~d Leon Marcus is still.'a.--l~.l.xTe, an~ nave not revoked the sa~d Power of Attorney and are not under any d~sabll~ty. WITH COVENANT AGAINST GRANTOR'S TITLE NO. MARCUS TO PLUM GUT PROPERTIES, LTD. AND TOWNSEND U-.~I E TITLE INSURANCE NOTARY PUBII~'ION In I II~ CI~K ~cocx/ Ibl~ Fulda, 8~e of New Yo~ Qt~ggtml I~ Suffolk County i,OT~C~ Commle~fl Eq)h'ee Mamh 30, 196(! COUNTY OR TOWN Recorded tit Request c~ TITLE INSURANC~ COMPANY Return by Mail to 2~I~DERICK J. TEDESCHI, ESQ. Front Street P.O. Box 562 Greenport, New York 11944 Zip No. KAPELL REAL ESTATE, ~ NC. 400 Front Street Greenport, New York 1194, (S 16) 477-9403 Mr..Roy Reynolds Suffolk'County Dept. of Health Sprvices Environmental Health Unit County Center Riverhead; N.Y. llgo1 pear Mr. Reynolds: January 26, 1987 Oh'.behalf of Joe Townsend and myself, I thankyou torthe time afforded us at our conference*with you on Tuesday,.January 20,'i987. ' As per our discussion I enclose herewith an application for a variance to allow us to proceed ~ith our project after,the.fHing oflcovenmts on the deeds to the proposed building lots declaring th~ drinkin9 water on the subject property to be above the N.Y.S. limit, for nitrates'and further declaring the requireme tfor .installation of nitrate' we- movalsysCbmsvon the individual housewells at the tipe the'houses are built. we.areproceedihg toarrange for a test hole to b( dug in the*presence ofone of yourtnipeCto~s. We a~e'also proceeding with an aDplic(.tion..to.the. Town of Southold for aset,offapproval to.ratify, the existing divisi'on of ~he property which created our par- ce1. Af[er'.wereceive theSet,off approval we will proceed with our appl. ciation to the Town fo~ approval of the minor subdivision. Thanks again for your assistance. Sincerely, //David E. Kapell ' Pres. Plum Gut Prop., Ltd. coven, $4;50. pLEASE REI~RN A I10,0 i:UBJECT TO COVEIqANT$ & suFro, x cOUnTY m^ m services Haul, pauSe, New York ~'" This is to ceAify that the prqposed arrangeme~ts~ wate~supply were app(~(,ed o ~ the above dale These fac~lilies m~mt conlorm lo construction standards in effect at the time ¢ c~struc/ion. This appr~M ~hall be valid only i*~ the e ,e~ sal~ su~ivis~n/d~el- Fopme~t plan is duly fi~ed with the ~untv Clerk within 6 mm3ths of this ~te. C~sent is hereby given for II~ fili~i of thie map on which this en~ment appears rathe Orf~e~ t~ntyC erk n accordance with ~'oNislons of the Pubic l-h:.#h Law and the ~ffolk NOT8'5; Of~, ENT ~WN OF. ~ou?j~',j:._~, SCALE.qO0 :t N.5¢ 45 RD :51VED BY OF AO