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HomeMy WebLinkAbout1000-3.-7-4 Southold, N.Y, 11971 (516) 765-1938 ~bruary 21, 1985 Mathews and Ostrander 45 Hampton Road Southampton, NY 11968 Re: Set-off for Lilly Emmet West and William Emmet Dear Mr. Mathews: Enclosed is a copy of t~ above mentioned approved set-off which has been endorsed by the Chairman. ery . ^ truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. .CHOCOMOUNT ! / COVE 19- 7 19-8 / 19-9 25-I \ / · ~% /' f 21- 2 19- 5 · Rafferty 19-- 9A 19-4 t9-3 · 19-2 19- IA 19-lB CHANDLER, PALMER & KING ARCHITECTS. ENGINEERS & SURVEYORS PERCY JOE KING, R.A., A.I.A. RICHARD H. STROUSE, P.E., LS. GORDON Co HYDE, R.A., A.I.Ao IIOBROADWA¥ NORWICH, CT. 06360 AREA CODE 203'889-3397 Nov. 29, 1984 Bennett Orlowski Southold Town Planning Board Town of Southold Southold, N. Y. 11971 Re: Set-off Plan - William T. Emmet and Lily Emmet West Fishers Island, N. Y. Dear Mr. Orlowski: Enclosed are twelve (12) copies of the proposed set-off. I have forwarded the application to the owner for her signature. You will be receiving i~ shortly. By this a set-off. letter we are requesting that this be considered Very truly ~ogrs/~/ Richard H. Strouse RHS:mma Enc. Southold Town Planning Board Town Hall Southold, New York 11971 Re: Set-Off Plan of Land Owne~ by William T. Emmet and Lilly Emmet West, Fishers Island, N. Y. Gentlemen: 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, Lily Emmet West 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 ,vith Article 16 of the Town Law and the Rules and Regnlations of the $outhold Towu Planning Board, and represents and states as [ollows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the oxvner of record o{ the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivlaion is to be ...S?..t.-.O..f.~..P..1.~.n...o..f...L.~..n.d...Ow.p.o..d..b.y. ........ William T. Emmet ant% Lily En~met West 3. The entire land under application is described in Schedule "A" hereto annexed. (Cc-py o~e deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: L,ber ...... ' Page ............ On ......... ; Liber ........................ Page ...................... On ....................... ; Lib O ' er ........................ Page ...................... n ....................... , 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 4.5 0 acres. 6. All taxes which are llens on the land at the date hereof have been paid except ..~l ...... 7.The land is encumbered by..L mortgage (s) as folloxvs: (a) Mortgage recorded in Liber .............. Pa~e .................. 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 tbe land except ........................ 9. The land lies in the folloxving zoning use districts .... fi.-:.L .............................. i0. No part o£ the land lies under water u~,~,o. ' Southerly portion of Lot lies under Middle Farms Pond. cept ................................................................................... I1. 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 Fishers Island Water Works Corp. 13. Water mains will be laid by . .F.i.s..h.e..r.s...I..s.l.a..n.d...W.a..t.e..r...W.qr..k.s...C. 9.r.p.. .............. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by Fishers :island Electric Co. ..................................... and (a) (no) cbarge will be made £or installing said lines. 15. Gas mains will be installed by.. ...... N/fi...... ............................................. :-.-_ ... and (a) (no) cbarge will be made for installing said mains. 16. If streets shown on the plat are claimed by t~.e applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Soutbold Highway system, annex Schedule "C" bereto to show same. 18. There are no existing buildings or structures on the land which are not located antl shoxvn on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjtmctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as rcqnircd by Sec. 33.5 of the Real Property Law. 21. Snbmit a cop)' of proposed deed for lots showing all restrictions, covenants, 'etc. Annex Schedule "D". DATE 22. Tbe applicant estimates that the cost of grading and required public improvements will he $ .......... 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". ....... ................... (Signatur)e and Title) ..... .0.¢. (Address) STATE OF NE\V YORK, COUNTY OF . .~'..~... ..................... ss: On the .. ~..~C !;~ ......... day of ................ 19...~...., before ,ne personally came · .. ................................ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that~..~. ·a. ........ executed the same. No. STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ....... before me personally came ....................... '.. t0"h e known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................ that .......................... is the .......... thc corporation described in and which executed the iorcgoinl.,' instrument; that ............ knows thc seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public 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 ...S.c..t.-.O..f.f...P..1.n.h...o..~...L.o...o.d, ..Ow.p.e..d...bz ........ William T. Emmet an(~ Lily Emmet West 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held by the applicant under deeds recorded in SuffoIk Count)' Clerk's office as follows: ,.,~er .x.o..:.~..O...,.. .... '...Page ...~h~. ............ o..~../~t.(.:~.: ......... ; Liber Page On ' Lib P 0 ' er ........................ age ...................... n ....................... , Liber Page On ' Liber Page On · as devised under the Last Will and Testament of ....................................... or as dlstrlbutee. .............................................................. . .. .. . . . . $. The area of the land is 4 · 5 0 acres. 6. All taxes which are liens on the land at the date hereof have been paid except . ~x~....k~.~ 1,~. , '"' ... .....~...t.,.~(....~...~,~.., ................ ; .................... ,. ",'he,:nd ,s enenmhere~' by ...,¢.,~,- .... ,:~ .... ,.,~.~.--..,'.?~.~.,-.t ~ mortg'age (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original ammmt of $ .............. unpaid amount $ ..................... hehl by ...................... .............. address ................................................................. (b) Mortgage recorded in Liber ......... Pa2e ....................... in or~glnal amoont 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 lles in the folloxving zoning use districts .... A=.L .............................. 10..~o part of thc land lles under water whether tide water, stream, pond water or othevwlse, ex- Southerly portion of Lot lies under Middle Farms Pond. cept ................................................................................... I1. The applicant shall at his expense install all required public improvements. 12. The land (does) ~ ~,uL) lie in a Water District or Water Supply District. Name of Dis- Fishers Island Water Works Corp. tr{ct, {~ wkh{n a D~str{ct, is ....... ~ ...................................................... 13. ~Vater mains xvill be lald by Fishers Island Water Works Corp. and (a) (no) charge will be made for installing said mains. Fishe.rs Island Electric Co. 14. Electric lines and standards will b~ installed by ................................. ~- ...... .................................. and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ........ .N./..A .............................................. ?.-: and (a) (no) charge will be made for installiog said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County H~ghway system, annex Schedule B hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing' public streets in the Town of Southold IIighway system, annex Schedule "C" hereto to show same. 18. There are ho existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoi,dng sub- division maps heretofore filed, there are .o reserve strips at the end of the streets on said 9xisting maps at their conjnnctions with the proposed streets. 20. In the course of these proceedings, thc applic:t~t will offer proof of title as required by Sec. 333 of the Real Property Law. 21. Submit a cop3' of proposed deed for lots showing all restrictions, covenants, 'etc. Annex Schedule "D". 22. The appllcant estimates that the cost of grading' and required public improvements will $ .......... as itemized in Schedule "E' hereto annexed and reqoests that the maturity of tile Performance Bond be fixed at '. ............. years. The Performance Bond will be written by a licensed surety company unless othe.rwise shown on Schedule "F". DATE ............................... 19 .................................................... (Name of Applicant) (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF ................................. ss: . . ....... , 19 ....... before me personally came day of. · .... On the . · ....................... .... . ........ to me known to be the individual descrlhed in and xvho executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of ............... 19 ....... before me personally came ',. t0"h~e known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... that is the .... the cnrporation described in and xvldch executed thc forcgoin~ instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. ;twl that ............ signed .............. name thereto by like order. Notary Public 1000 3 7 4 THIS INDENTURE.. made the--~/~'>day of,~ ,/~/~[ · nineteen hundred and seventy-nine between FISflERS ISLAND UTILITY COMPANY, INC., a corporation organized under the laws of the State of New York, with its principal place of business at , Fishers Island in the To%;n of Southold, County of Suffolk and State of New York, hereinafter called the grantor, party of the first part, and WILLIAM T. E~L~IET of 1009 Rosedale Road, N.E., Atlanta, Georgia and LILY E~4ET WES'C of 17 Clift Street, Stonington, Connecticut, as joint tenants with the right of suEvivorship and not as tenants in common, hereinafter called the grantees, parties of the second part: WITNESSETH, that the party of the first part, in. consideration of Twenty-Two Thousand Five Hundred Dollars ($22,500.00), lawful money of the United States paid by the parties of the second part, does hereby grant and release unto the parties of the second part and unto the survivor of them and unto such survivor's heirs and assigns forever, ALL that lot or parcel of land, with the buildings and improvements thereon, in the To~n of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island (which portion is hereinafter called the "Park") lying to the east of Peninsula Road, said lot or parcel of land being bounded and described as follows: Beginning at a monument set on the Southerly side of a road 40 feet wide, said monument being 497.69 feet South of a point which is 3659.90 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "CHOCOMOUNT 2" and thence running along the Southerly side of said road North 61~ 27' 40" East 147.00 feet to a point of curve to the right having a radius of 181.05 feet and the direction of whose radius at that point is South 28~ 32' 20" East; thence Eastwardly still along the Southerly side of said road (and following the arc of said curve) 196.45 feet; thence still along the Southerly side of said road South 56~ 22' 10" East 150.96 feet to a point of curve to the left having a radius of 676.14 feet and the direction of whose radius at that point is North 33° 37' 50" East; thence Southeastwardly still along the Southerly side of said road (and following the arc of said curve) 134.67 feet; thence South 20° 48' 20" West 423.33 feet to the shore of Middle Farms Pond; thence, with the meanders of said pond, South 74° 41' 30" West 136.50 feet; and thence North 28~ 19' 30" West 586.65 feet to the point of beginning. Containing 4.50'acres, more or less. together with ..... rights of the premises; the appurtenances, and all the esta% nnd party of the first part in and tu ~aid SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; RESERVING to Fishers Island Development Corpora- tion, a New York corporation having an office on Fishers Island in the Town of Southold, County of Suffolk and State of New York ("FIDCO"), its successors and assigns, from the grant of the land and premises hereby conveyed easements and rights of way within a strip of land approximately five feet wide for the erection thereon of poles to support wires for the transmission of electricity for light, heat, telephone and other purposes, and for the construction, operation and '~aintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but FIDCO shall have the right to release the premises above described from these particular easements and rights of way; PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by FIDCO,its successors or assigns, for the purpose of constructing or repairing any such pole line, pipe line or conduit, it shall become the duty of FIDCO, its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to substantially the same condition as shall have existed before the time of such disturbance. TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, and unto the survivor of them and unto such survivor's heirs and assigns forever. PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are hereby entered.into by the parties of the second part by the acceptance hereof,their heirs and assigns, as a part of the consideration therefor: That the aforesaid premises shall be occupied and used by the grantees, their heirs and assigns, for private residential purposes only, and not otherwise, and the~e shall be erected thereon not more than two privgte residences each f~or the u~--of o~nly~t~-~-ether ~6~ssary ~ufbul~ ~ ~ppur_ena. t t--hereto. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by FIDCO to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by FIDCO subject to the cove- nants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of FIDCO or its successors or assigns and the consent of the owners (other than FIDCO) of a majority in acreage of all the land within the "Park". PROVIDED, HOWEVER, that nothing in this deed contained shall limit the right of FIDCO, its successors or assigns, to set apart such part of its lands, situated within the aforesaid "Park," .as it or they may deem suitable for golf courses, club houses, bathin~ beaches or other attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the "Park" other premises deemed suitable for the convenience of the residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any rights o~ interests in said lands. No appurtenant or other interests in the real property of the grantor or FIDCO not expressly set fort~ in this instrument are hereby conveyed or transferred to the grantees herein, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, run with or are attached to the land conveyed. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND UTILITY COMPANY, INC. ecretary President The undersigned hereby accepts and confirms the foregoing cove~la~ts insofar as the same apply t6'--the under- signed and grants and conveys to the parties of the second part, their heirs and assigns, an easement for ingress to and egress from the premises above described over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The undersigned reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonable convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. ATTEST: Secretary FISHERS ISLAND DEVELOPMENT CORPORATION President JOHN ~CKHAM. Chairman FRANK S. COYLE HENRY E. RAYNOR. Jr, FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 February 8, 1979 Fishers Island Utility Co., Inc. Fishers Island, New York 06390 Attention: Mr. Richard S. Baker Gentlemen: Your letter of January 23 was reviewed by the Southold Town Planning Board at a regular meeting held January 30. Because the property is in two separate parcels, you can sell one but not as a casual sale because it is not in the family. There is no objection on the part of the Board to the sale of lot 4. If the purchasers wish to divide lot 4 they will have to file for a minor subdivision with the Southold Town Planning Board. Yours truly, Muriel Brus~h', Secretary Copy to George Fisher Sr. Building Inspector TELEPHONE 765-1938 FISHERS ISLAND UTILITY P. rII~tPANY, INC. FISHERS 18LAND JANUARY 23~ 1979 ~R. JOHN WlCKHAM~ CHAIRMAN SOUTHOLB TOWN PLANNING BOARD SOUTHOLD~ NEW YORK 1197 DEAR HR, WlCKHAH: THE FISHERS ISLAND UTILITY CONPANY IS THE OWNER OF TWO ADJACENT LOTS LOCATED IN THE EAST ~ND AREA OF FISHERS JSLAr~De THESE ABE TAX PARCELS #1000--003-7--3 (5.4 ACRES) AND ~1000--003--?--4- (¢.5 ACRES), ~JE HEREBY REQ. UEST APPROVAL TO MAKE A CASUAL SALE OF PARCEL ~1000-003-7--4- (¢.5 ACHES). THE BUYER OF TH S PARCEL S DESIROUS OF BUS-DIVIDIt~G THE LOT IN THE NEAR FUTURE - PROBABLY TO PROVIDE FOR TWO BUILDING SITES. ~OULD YOU'PLEASE GIVE SOME INDICATION THAT SUCH A DIVISION WOULD MEET THE ~LANNING ~OAROS APPROVAL? THANK YOU FOR YOUR ADVICE ON THESE TWO ~UESTIOflS, · cc-' (~. AHMAN PcB. I'IATT HEWS I' .J~HN R. HORTON ~INCERELY YOURSs ~ICHARD S. BAKER .® dO0 ~ 3 nineteen hundred and seventy-nine between FISHERS ISLAND UTILI~ COMPANY, INC., a corporation organized under the laws of the State of New York, with its principal place of business at Fishers Island in the Town of Southold, County of Suffolk ~nd State of New York, hereinafter called the grantor, party of the first part, and WILLI~! T. ESL~[ET of 1009 Rosedale Road, N.E., ' Atlanta, Georgia and LILY E~4ET WES~ of t7 Clift Street, Stonington, Connecticut, as joint with the right of su£vlvorship and no~ as tenants h~reinafter called the grantees, parties Of~ part: WITNESSETH, that the party of the first part, ~. Consideration of Twenty-Two Thousand. Five Hundred D611ars ($22%500.00), lawful money of the United States paid by the parties of the second part, does hereby grant -a~d release unto the parties of the second part and unto t~e surviUor of them and unto such survivor's heirs and assigns fOrever, ALL that lot or parcel of land, wi th the b~ildlngs and improvements thereon, in the To%~n of Southold~ Suffolk County, State of New York, being a part of that por, tion of Fishers Island (which portion ~s hereinafter called the "Park") lying to tb.e east of Peninsula Road, said lot or parcel of land being bounded and described as follows: Beginning Southerly side monument being at a monument set on the of a road 40 feet wide, said 497.69 feet South of a point which is 3659.90 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "CHOCOMOUNT 2" and thence running along the Southerly side of said road North 61" 27' 40" East 147.00 feet to a point of curve to the right having a radius 181.05 feet and the direction o[ whose radius at that point is South 28" 32' 20" East; thence Eastwardly still along the Southerly side of said road (and following the arc of said curve) 196.45 feet; thence still along the Southerly side of said road South 56~ 22' 10" East 150.96 feet to a point of curve to the left having a radius of 676.14 feet and the direction of whose radius at that point is ~ .-North 33~ 37' 50" East; thence Southeastwardly ~['still along the Southerly side of said road ~¥ [and following the arc of said curve) 134.67 feet; thence South 20~ 48' 20" West 423.33 feet to the shore of Middle Farms Pond; thence, with the meanders of said pond, South 74° 41' 30" West 136.50 feet; and thence North 28~ 19' 30" West 586.65 feet to the point of beginning. COntaining 4.50'acresv more or less. together with the appurtenances, and all the estat, nnd ~ights of the party of the first part in and t~ ~sid premises; SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declaratiOns of record, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local goYernmental authorities; RESERVING to Fis Island~Developmen~ Corpora- t~ n, a New York cot as office on F~she~rs Island in the Town of So~thQ~d, ~County of Suffolk and State ~f New York {"FI~C0"I, its'successors and assi as, ~ron~ ~he g~an~ o~ the 1~ a~ ~e~i~es ~re~y Conv~yed and rights of way~~ within a st~ip of land ~e~y five fe~t wide ~r ~he erection thereon of to support wires f~r the transmission of for light,, other and for th~ and of pipe lin~s or conduits under'the surface ration for, any i~wfUl purpose what.soever, shall have t~e rig~ to re. the premises descr.ibed ~rom ~hese easements and of wa~; PROVIDED, HOWEVER, that whenever the surface of :ound shall be disturbed by FIDCO,its successors or ssigns, fo~ the purpose of constructipg or repairing any ~ch~pole l~ne, pipe line or conduit, it shall become the ~ty of FIDCO, its successors or assigns, forthwith, at ts or their own expense, to repair and restore the ~urface of the ground so disturbed to substantially the ~ame condition as shall have existed before the time of ~Ch disturbance. TO HAVE AND TO HOLD the premises herein granted ~nto the parties of the second part, and unto the survivor them and unto such survivor's heirs and assigns forever. PROVIDED, HOWEVER, that this conveyance is made ~bject to the following covenants and agreements which are hereby entered.into by the parties of the 'second part by the acceptance hereof,their heirs and assigns, as a part of the consideration therefor: That the aforesaid premises shall be occupied and used by the grantees, their heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected the__reon not more than two private residences each for the use of one -am ~nly/t~gether ~ch tne h~e6~ssary~ou~bu~l~ ~ ppurten~nt t~ereto. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any- building or other The provision last preceding shall apply to ere the change contemplated is to affect less ~than all the land in the "Park" which has been conveyed by FIDCO to purchasers, but where such waiver or change shalllapply to and affect all the land within the "Park" which has been con~eyed-by FIDCO subject to the cove- nants and agreements herein se~ forth, said covenants and reements may be waived or changed with the consent of [DCOior its successors or assigns and the consent of the owners (other th~n FIDCO) of a majority in acreage of ali. the la~d within the "ParK". · HOWEVER, that nothing in this deed contain. ~all limit the right of FIDCO, its successors or assigns, to set apart such part of its lands, situated withit~ the aforesaid "Park," .as it or they mae deem ~uitable for golf courses~ club houses, bathing beaches or other attractions, and necessary buildings appurtenant , and also the right to set apart in the "Park" )ther premises deemed suitable for the convenience of the -residents of the "Park" to be used or operated for store or business purposes; but the setting apart of anE such and their use shall not operate to confer o£ vest purchasers or property owners any rights or ~interests ii~! ~n said lands. ~ No appurtenant or other interests i~ the real property of the grantor or FIDCO not expressly set fort~ in this instrument are hereby conveyed or transferred'to ~the grantees herein, and it. is expressly covenanted by parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, with or are attached to the land conveyed. IN WITNESS WHEREOF, the party of the first part caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. FISHERS ISLAND UTILITY COMPANY, INC. ~ary ! President · The undersigned hereby accepts and confirms the foregoing coverts insofar as the same apply t~the under- signed and grants and conveys to the parties of the second part, their heirs and assigns, an easement for ingress to and egress from the premises above descr'ibed over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The undersigned reserves the right to change the location, route or'grade ;~ ~ 'ATTEST: of said roads from time to time, provided that such change not prevent reasonable convenient and adequate access the premises herein conveyed nor unreasomably lengthen ~he distance to be traveled to reach such public highway. .... FISHERS ISLAND DEVELOPMENT CORPORATION ~ ~-~,.~.~_-'7" .'- ~&~'i,.~ ~ [/ President ~ ~ Southold, N.Y. 11971 (516) 765-1938 ~ruary 21, 1985 Mathews and Ostrander 45 Hampton Road Southampton, NY 11968 Re: Set-off for Lilly Emmet West and William Emmet Dear Mr. Mathews: Enclosed is a copy of tm above mentioned approved set-off which has been endorsed by the Chairman. V~ery truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLkNNING BOARD By Diane M. Schuttze, Secretary enc. CHANDLER, ARC:H1TEC~r$, ENGINEER~ & $1J~RVEYO~ PERCY JOE KING, R.A.A.I.A. RICHARD H. STROUSE, P.E., L.S. GORDON C. H¥1~E, R.A., A.I-.A. Nov. 29, 1984 Bennett Ortowski Southold Town Planning Board Town ~f Southold S~t~old, N. Y.. 11971 ~e:~ S~tqoff Plan - William T. Emmet and Lily Emmet West Fishers Island, N. Y. Dear Mr. Orlowski: Enclosed are twelve (12) copies of the proposed set-off. I have forwarded the application to the owner for her signature. You will be receiving it shortly. By this letter we are requesting that this be considered a set-off. / Richard H. Strouse RHS:mma Enc. "~ ! ~:nning BOard © © York 11971 Set-off Plan of Land, Owne~ ~by W~l~am T, Emmet and Lilly West, FiSher~ lsland, N. The~ following statements are offered for your consideration inthe revie~ of the above-mentioned minor subdivision and its referral to the Suffolk County Planning, Commission: (1) No grading, other than foundation excavation for a resideutial 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 drainag~ structures or alteration of existing structures are proposed. Yours truly, Lily Emmet ~est APPLICATION FOR APPROVAL OF PLAT To the Pl~nnlmg Board of the To~vn o{ SouthoId: The i~nde/slgne~d 'applican~ hereby appl{es for (tentative) (f}nal) approval of a snbdi¥ision plat in acco~d~an~h avii~h Ar~i~l~ i6 of the Town Law and the Rules and Regulations of ~he Soutkol~ Town ~ann~ag B~a~,~.~ep~ent* aaa s~tes as follows: I. The ~pHcant~is the o~er of record o[ the land under applica~on. (II the applicant is not the ow~en~ =~o/d of the ~and under application, the appli~nt ihall state his interest in said Set-Off Plan of L~nd Owned by ~ily. E~met West 3. T~ ~l[t~d' ufl~er appH~t~on is described in Schedule "A'~ hereto ann~.~ (Copy of deed s~g~tea.) 4. ~e ~n~is held by the ~ppli~nt under deeds recorded in L~ber ........................ ~ Llb~ ........................ Page ...................... On ....................... ; Liber ........................ Page ....................... On ....................... ; Liber ......... P ~ devised under the ~st Will and Testament of ....................................... or a~ d~tributee ...................................................... f The area of the land is ~ ~' 5 0 acre~. 6. &ti taxes which are liens on the land a~ the date hereof have been pa~d except ....... ........................................ 7. The hnd is e~e~mbe~d by. mort~ge (s) as follows: (a) Mortgage recorded in Liber .............. PaTe .................. in o*iglnal amount of S .............. unpaid amount $ ..................... held b7 ...................... .............. address ................................................................. (b) Mortgage recorded in Liber ......... Pa~e ....................... in original amount o[ .............. unpaid amount $ ...................... hetd by ..................... address ............... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ....................... address ......................................................... :Bi There areno other encumbrances or Iiens against rite land excepz ........................ ....... .................................................. land t~e~ in the foil[owing 2onin~ use districts .... A-riL .............................. Southerl!~ portion of hot lies under Middle Farms Pond. cept ............. t ........... I1. The applicant shall at his ext~ense install alt required public improvements. 1Z The land (does) Otoe= t~ut) lle in a Water District or Water Supply District. Name o£ Dis- Fis~hers Island Water Works Corp. trict, ii within a District, is . .. ;.; .: ...................................................... 13. '~Vater mains will be Iald by .?.i.s..h.~..r.s...~..s.l.a.p.d.. fl..a.t~.r...Wp.r..k.s...C. 9.r.p.. .............. and (a) (~o) charge will be made for installing said mains. 14. Electric lines and standards will b$ instaIled by Fishers Island Electric Co. ..................................... and (a) (no) charge will be made for installing said lines. 15. 16~ 17. Gas mains will be installed by ........ .N/..A .............................................. ?.-_ ..-... and (a) (no) charge will be made for installing said mains. If streets shown on the plat are claimed by ~h.e appli,,ca.n,f to be existing public streets in the Suffolk County High,ray system, annex' S~edute B hereto, to show same. If streets shown on the plat are claimed by the applicant to be existing public streets in the Towmo[ Soutbo}d Highway system, annex Schedule C bereto to show same. 18. There are /~o existing buildings or structnrcs on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extenstmts 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 proceectin~s, the applic:ml will offer prou£ of title as rcqnired by Sec. 335 of the Real Property Law. 2I. Submit a copy of proposed deed for lots showing all restrictions, covenants, 'etc. Annex Scbedute "D". 0 © 22. The applicant estimates that the eosr o£ grading and required public improvements will be $.. ........ as itemized in Schedule "E" hereto annexed and requestmthat the maturity of the Performance Bond be fixed at .............. years. The Performance Bond wilt be written by licensed surer%, company unless otherwise shown on Schedule (N~o/Applier) -(Signatu~ '~d Title) (Ad&ess) STATE OF NE\V YORK. COUNTY OF. ~ . .~..~ ..................... ss: exeruted the foregoing instrument, and acknowledged that~..t2~,. ........ executed tbe same. Notary Publlt Il LUCY J. B. HMg.~ ~o, 52-00%8880 STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , !9 ....... before me personally came ......................... t6"hm known, who being by me duly sworn did de- pose and say that ............ resides ar No ..................................................... ................................. that .......................... is the .......... the corporation described in and which executed the foregoin% instrument: that ............ knows the seal of said corporation: that the seat affixed by order of thc board o£ direc:ors of said corporation. and Inet ............ signed .............. name thereto by like order, Notary Public 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 o£ the Sou(hold Town Planning' Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (I£ the appllcaut is not the owner o£ record of the land under application, the applicant shall state his interest in said land under applica~ou.) 2. The name of the sfibdlvision is to be Set-Off Plan of Land Owned by William 'T. Emmet and ~ily Emmet West The entire Iand under app!ication is described in Schedule "A" hereto annexed. (Copy of deed ~uggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Cou~t'y Clerk's office as followa: Libor ...... :..Page ............ On ......... : Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ...... Page On ....................... ; Lib 0 ' er ............... Page n .................... as devised under the Last Will and Testament of ........................................ or as dlstributee ............................................... . . . .... $. The area of the land is . 4-. 50 acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . ...~x~....k.~z..¢.~.~ .~.,:d..., ,'~' .'.d;7~ ........................................ _ , ~ mortgage (s) as [otlo~vs: ' ~ (a) Mortgage recorded ia Liber .............. Page .................. in original ammmt of S .............. unpaid amount $ ..................... heM b7 ..................... .' .............. address ................................................................. (b) Mortgage recorded [n Liber ......... Page ....................... in or[glnal 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 Ilens agalnsr the land except .............. .. ......... ........ ............................................... 9. The land lies in the following zoning us.e districts .... A-:~L .............................. I0. ~o part of the land lies under water whether tide water, stream, pond water or othe,~vlse, Southerly portion of Lot lies under Middle Farms Pond. cept ................................................................................... IL The applicant shah at his exp. ense install all required public improvements. 12. The land (does) (,ato~*s-nr~ lle in a Water District or Water Supply District. Name of Dis- Fishers Island Water Works Corp. trlct, ~f within a Distrlct, is ...... -.; ...................................................... 13. Water mains will be laid by . .F.~.s..h?..r.s...I.s..~.a..a.d...I~.a. k~.~' . .W.o.~.k.s...C..o.r.p..; ............. 14. and (a) (no) charge will be made for installing said malns. Electric lines and standards will be installed by Fishers Island Electric Co, ...... - ............................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ........ .N./..~. ............................................. ~-."z- -.v. and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by th.e appli,can, f to be existing public streets in the Suffolk County Highxvay system, annex S~hedul~ B hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Sd~edule "C" hereto tc show same. 18. 19. 20. There are ho existing buildh~gs or structures on the land which are not located anti shown on the plat. %Vhere the plat shows proposed streets which are extensions uf streets on adjoining sub- divislon maps heretofore filed there are no reserve strq)s at the end of the streets on said ~xlsting maps at their con~unctions with the proposed streets. In the course of these proceedings, the applicant will t,iier proo£ of title as required by Sec. 333 of thc Real Property Law. 21. Sub.mit a copy of proposed deed for lots showing all restrictions, covenaots, mc. Annex Schedule "D". © © 22. The applicant estimates that tile cost o£ grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity o[ the Performance Bond be fixed at .............. years. The Performance Bond will be xvritten by a licensed surety company unless otherwise shown on Schedule "F". DATE ............................... 19 .... (Name of Applicant) (Signature and Tide) (Address) STATE OF NE~,V YORK. COUNTY OF ................................. ss: On the .................. day of ..................... ' .. 19 ....... beiore me personally came ............... ' ......................... to me known to be the individual described in and xvho executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK. COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ....... before me personally came : ......................... td"h~e known, who being by me dui)- sworn did de- pose and say that ............ resides at Ho ..................................................... ................................. that .......................... is the .......... the corporation described in and xvbich executed the i(~rcgoi.g instrument; that ............ knows the ~eal of said corporation: that the seal affixed by order of thc board o£ directors o{ said corporation. a,,1 fl~at ............ signed .............. name thereto by like order. Notary Public T( Sou, hold, N.Y. 11971 February 8, 1979 Fish6rs,' Island Utility Co., Inc. Fishers Island, I'.rew Yoz'k0o': ~")0 Attention: 1,ir. k~ c, ,,..~ S..Baker You_~ !ette~.' of January 23 was reviewed by the South,,)!d ' · ...o,,n Planning Board at a regular meeting held Jani:ary ~0. Because t~.o p~ope~'{:,/ is in two separate parcels, ~you can sell one but not as a casual sale because it ms not in the family. There is no objection on the of the Board to the sale of lot' ~. If the pUrchass~s w~sh to d~vmae lot ~ they will have to file for a minor subdivision with the Southold Tow~_ Planning Board Yours truly, Brus ,a S TJ ar George Fisher Sr. Building Inspector TELEPHONE 765-1938 FI~:'iE~S~ IS~ND UTILITY 1~.[3~PANY, INC. SOL. 3 ,,()f.[;~ ;:F.~.~ v3F:< I , :. FIS4E'~S lSLA':9 ~JTJL. IT¥'C,.,., ,,.,v IS THE JANUARY 23, 1979 I OF TWO AND,~ ~ THESE ARE TAX PARCELS -* (~-.5 :AC.RES ). ALE OF PARCEL US OF SUB--DIVIDING THE LOT IN THE S3~;.' 1:;;~IS'A. ;0'. T'~A.~ SUCH A DIVISION WOULD I~EET THE PLANNING ~OAROS APPROVAL? ON TWO ~UESTIO~So P.R. !{ATTHE~S ,JO'4~ B. HO~TON SINCERELY YOURS.~ ICHARD S. BA~E~.- LASERFICHE FORM Planning .Board Site Plans and Amended Site Plans Print, Date: 2/25/04 Site Plan Pile, Type: SCAN Date: Project Type: Set Offs Stat,usi. ~ Final-Approval ,~/~ ~ "q; B~di~-[~Na/llb;: WesL,LillyEmmet and William Emmet H~ie~:. Fishers Island ~pPff~nt Name: Lilly Emmet West and William Emmet O~e~,~ame:~'-" Lilly Emmet West OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Endorse Site Plan Date: Zone 2 Zone 3: County Filin.q Date: C and R's: Homeowners Association: R and M A.qreement: