Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-8.-1-4.2
%'-'."_" ../^-v._...... .-+..„✓...y+r. ......y..-........ye.+-.—e..y-.<e.` ......+m - ' .s> ->.. n- - ...,- ., r.e .-.. - . - a. - .,:, - -r. -a... .. --.. r't-r. --- ..- ..— .- - .,iw'» , ... ♦ .. - . . - + - ,. .. - . 7, t: Y:., r MIDDLE FARms PO N D t ,.J .i } Ate '} ,e fa!� + � ' ,....i ,.r� ,•'. � \• . r t' i t•.. M.1'-.. 1.,l t... l.'i 1.•. - N 65 '/9'16"E 76 f F .,� �`r•.rr'1# is tta?, ;;� f•... �'� ��, {:" �.c .�.^ ("C:Y ••,:_ , t IV3235 35 ND n• t,,r cr .:e CX?rl�r C'�-!k in c-co;?er-,t. Noyes k - E2E02.39 /5 - 1 tl;isl rCQ��Sfx.: li. S;�? �.�.��� i•�i 4T•. �;..,1 1• I t�.''`,}j!; (•,+.< ^t,� - \� ell ''E I.g6 iron � s �6 5 pipe SURVEY eo t , - _' 2� • .1 43-6 4' I t. iron e ' LOTS? �. or SOO.008 B/ock / Lot AREA - J. 65=Acres 14 N;., 3.5z+ Acres Cv swe N w at /67, 706-sq.'f1. core ' 4. N29O6.2 '� �`�--'-- 1''1 E2677Co ' ` `r o „ , �° 5► F A R' 4/1 - �` n; ` * �2" N 223.32// ES S ..�O� : LOCA7 M.Aft t Z w Cs �or� / 4DCfr. E Center Linea Of Water i� \ ` Line Right Of !�'oy , Or�nEr B SuG�`ividear . Robert ✓. 'Miller • 5 r�: �tr/ °�t� s ' iron pipe 15 FA RRL'LL RD N'ES TON CT.. t �\ ✓ ?_. Property is located in , 'one A-/ Agri./P,e 1. 't j Site is located in Suffol* County, rown of Socrthold �� • . -:?P POA/? SURVEY LINE School District 4 Ft Tax ltla v Btuek f Lots re' •'. _. \� 7�-0 E-% Contours Are Approximate And Based on M..S.L. � w ,// y 0 soo..of TO B�, On Site • �_.. � \ a._ w v c- 7 rY F at MCA fit. *! 5 t�E j!r�I A� ' C G Conservation Ecserr,enl \, �4 8C`:� `J�-.`j� / a F fx. - A 6 Coordinate' Distances Are Aleosure d From a To Henry L. 'Into guson e, �ti �r ..� Z Museum on PIP -' F U.S. Coast And Geodetic Survey Trionsu/ation ��i.'t . .tr Station "N/N " r f 7 Ur IL/TIES UNDERGROUND .S21°23'48 £, �t�i N2521. J?. �, �+ A R�'. f/ / /3.22 S" d'��n pipe E 3550.4� T 8. CONTOUR INTERVAL = 5 feet t 1 _ t , „ TEST HALE nA.f� n� 5.60=hoes / `. - S61°Q5 00 i�r 24�'935 tsl,-. ft. _ NO?°46`35"W / \20, ,, 64.83' �,A„ „g„ 9. TOTAL AREA - /5. 00=Acreas ® 465 F N22�O-9 4R'E, )J�++yT 1, 3�s°23'4ft"E - - p :pCx- FefV Qlr �J , -- L ;, /O. REFER TO 392.84` l.�,°��`rycy ( N� � 115.c^ _3 s 4, bs }� S` 6 an iit !IN) ._ � - - ,'„�.-1- �" z1 i / r�` 3€'"-12,! tina sod 44„120"f�;�e sand Fishers Island' GG ve%pment Corporation To J pro/?osed � \�J�• SIIQ0T'/2„w r r j r + ne .yalsr, no ev; ence no water,ne e�ir'nee Robert ✓. Muter (L iber 8288• Pg. 347 of rh/gh wa2r tah,e of higi, water table yril/hole i 3/7/ 77 ) 2.87-Acres I e raw- /\ '1 ! kf'ofi�- s ,pY q /s�xasa/•fac,'%t/es fv. a// ✓onsen Noyes,Jr. To Robert J. It"i//er i f AREA dO . U') / a,?d Sewa E f� r E. Conservation Fcsemerl � � �• © ,, o�` Ivts''47 this d�W/nt>7rnt sha// ec,?7p/y with" the standards ell* �jr N62°050© ,1y `h (Libe, 8529 Pg.292 9/27/78) _ ✓ aG"s Isla n - '' _ "� tY- ��• f o rf o Fi/' Island DeverOprr/ 1 $8 427 s f1 u and re u,ref^�Ent,. Cl?f tl,e Suff./k Cc✓n,y D,.po, rr'.nt 5.5'Acres i Corporation to Henry L. Ferguson iP '6 4 J Tf1 ' / /' \� ��/ o` f/=alth 5 c�rv,'c cis + Museum on P . , ✓onsen Noyes, Jr. To Robert J. Miller - i� -? 'Y .• j (L rber 8696 Pg. /03 8/9/73) E 3/?3.7I 6. O±Acres iron pipe w/ ® W�R 1 �c' �J3 [ Qi fit" �.� -Ci N\ �,�� ; .�49 04.00 3 a' Ea'2.29 4;' '^ 4Qog6 OQ £ �g 4 i (; ( t`- '✓ ; `2'-tt' 1, _ \� / �� _ , 01 Errl's 3F _�3 00 'If / WO ,�r' � L.� � D / d�/ ,� DATE k Y/ S 49 12 20 W. 9 ` ` � � ,° s Cons6rvOtiOn 60.s&`rrenl Gg°�, r i S i'-�� r' t� � d , "t f!//Prtan Cushtron or 41 5�,3 : . Ritd Cushman tc� _ N 40°47'40"W• ,���F NFL S P¢D H.$�9 , . i N my L. Ferausan '�P yo \0XN ° , - i f , �1 Q Imo' z ,1, ( /d rvseerm 48. 85 d o H:Sr9 9 Q � PROPER T'�' �v i i / �r N tt F1 S HER ! LAAt I VR /.3_.acit ;E •tom Q Beocf m (, �. -�, stones r N�' l- � 7L n� 4 ' 1 ` O0 ,r� NSFNO.a ��`` SCALE /GO f/. CHANDLER , PAL1l�ER B KING t I 1 ti 2 O E �lo.,j± ` s�o`Qoaa PROfEs NOREi`'/Ch" , CONNECT/CUT DRY WELL DETAIL ADD/TIONA� SECTION MAY BE 13 1ti98� r no sea/e INSTALLED /F REQUIRED . - •^ " ; MAh,H 23, 19 4 } Oti's ADDIT/oNs NOV. 5. /9.�4 `,�o/n aFc. 5 ia�4 ;!,'7C�r✓� / /2r/n4 • FARMS POND M I DDOL ell 76 35 N3235. Noyes E2602.39 D L E Mgt \\ \ 0E 51.9,8 iron b 5019 16 Q Ape �rT°16.106,"If SURVEY LINE x 6 14(3.0 4(3 �► SAS ____ i O Y S i /43.54' Z , �� � iron pipe 4 O T / __ .f L O T P 0. l 'H' Al " Sec.008 Block / Lot 42 A AREA = 3. 85=Acr s T�t \ 3.52 f Acres > Cvs� s�tY /67, 706!sq,ff. \ /J3,33/'sq.ft. �- CO EACH cat 2 � o E2677.CG j` N 84°2 4'//"W �' S1 11 F l� / ? \ itc PtP 223.32 ' o' - —- - - - �/ LOC A TION MAP 1 � � Center Line Of Woter Line Right Of Woy NO i ES /. Owner 8 Subdivider . Robert ✓. M//ter ` /5 FAR/iLLL RD WF-STMi, CT, 5 �\ a % f D At D a / !' iron pipe � Property is locoed in Zone A-/ Agri./P,es. n J. Site /.s located in Suffolk County, Town of Southold ROAD SURVEY L/NE : ,s�� School District 4 /4'S5°?/42 14' Tax Atop 8 R/o c/r I l_o is 4.2 , 4.6,9 4./0 , A ___.Y / t �tr i e�-' 4• e A'pproximole And � i ` � � � , ' Contours Are Based on M.S.L.M.. T52.�'t' �°` -F n j,, pn.srl To Be Tn Site Conservation E<=;�^/Tent \ .60c.33_�L>`k � '��, a}'(�� � sso � , /-, , � � � 6 Coordinate G/stance_ Are f,eo.. urPd FrGr7To Henry L. f"e'rgusor � °� lie —� / ` '� U.S. Coost A,7d Geodetic• `'urvey Trio.oyulotio.,r ,4 Museum \� y iron R X, „NIN „ 7 UT IL I TIES UNDERG YOOND c\` e N2521..32 4 �' f�a�- On pI P E 3580.44 8. CONTOUR INTER VAL = 5 fee t - �! t 1 S6/°a5'DD"�� TEST H9LE LZ4TA N 5.60:Acrus 9. TOTAL AREA = /5. 00=Acres c� 2 4.3,9363 q ft. NO2°4536"W H2O,e �� 64.63 Q 4 ST.= N22°09'46 CrtlG T �� c.+ u„ p H ,s23 t3 4R E O to,-�%,! G - B to sri/ RF FFR TO •,, 1 k°�Er boy �� It'QY //�.2A , . - 392.84 `� " Q„ rv. nJ F�� ,u ;' �ti " " /2C"f;:;t and Fishers Island O.velopment Corporotion To ro PTPO'�h3 a e.00 1 n{ h?h rN ✓ evJotah/crrP nnf hi e�, water tohlc Robert J. A,,filler (L ibex 8288 Pg. 347 9 9 s "ra?� , a ' drill ho% f f / � 3/7/ 77 ) 2.8T-'Acres AREAS d;1r W.7?C" suT�/y and Sews,^e , •3�so/ fac,/i1�Es f�-o//11 Jansen Nayes,Jr. To Robert ✓. /Miller Conservol;o,? Eosernerl �# w'0 1 / /:its this d e/�/ Fnrnt shall cn•77p/y with the stondor'ds N 62°05`00"W 2.03A � ntij 0 �o (Liber 8529 P9.292 9/2 7178) Fishers Island Deve/opm:='?f 88,427-sq, fl yQ �\ ��"' C U S H tf A Ar and;-equ,rer7enfs , f tte `Z 'Car 63.65' f \ , a<� of ,h'6a/tth SCrVXes. r/` museum to Henry L. Ferguson Iron Pipe %64. Tf�' Jansen Noyes, Jr. Ta Robert ✓ Miller co (L fiber 8696 Pg. /03 819179 ) N22.35.54 3l('J,7 �� 6. O±Acres 1 ircn pipe r� S49°04,�.. moirun, ent 3- 9� �r 0(0 S 4o°56'aa"£ — ;�' R =23.a6' I n [� n t,, ft. ==� r I �L 1•a� .!s.. Conservat/on Easementg � - �' -4 C CJ T �. C.; . ,; Allertort Cushman ar `', ', pF NEtI, Cf kElyYp� {{ �� C -'► � 5 I �� l ; P/tl Cushman trr R p y PRo H.,rf N 40 047 40 i' D H.S �9 0� a -- ► c 1 � 2 Q �� � �' Henry L. Ferguson `' �P� T90G e� G�� f R o P FR T y x T � E � 1 /VUseum 48. 95 N i � !! C= ice" C CCU �. �'t Xlq l r / S E i' 6 / 6 � f t ' - ! i' 11 stone �) i \ _ �'' 0 as ° 04921 J� _ � y� ': l �l SCALE : / ' _ /00 ft. CHANDLER , PAL ' f: � no � EnK LAND S� Yam` .. t �-` I NORW/CH , CONNECT/CUT } t . DRY WELL DETAIL C ` �T ADDITIONAL SECTION MAY BE �" /OD y O 50 r; no scale _ INSTALLED IF REOU/R£D �W* �� MARCl/ 23 l9, _�•�_..._____��.____ . , . ,LLB ADD/T/C7N.S 'D . � ,� � � L A�;Y'` c - h V 5. I9 4 .4a0 m_n S 9Z-,- 5 /s. 4 r IC 1, I /2rl/ q FILE N0._S-Sh-8 41-• 16 t F SUMLK CO. PLANNING DEPT ;� ��� F s POND SUB,D REVIEW SECTION 6 J U N E,198+ 13Y-__ C�g, Zew N 65 "l9`/6"E k 76 t The subdivision of this parcel, as proposed, ' has been approved by the Suffolk County Planning N3235.35 N3235. 39 Commission subject to a conditions deemed neces- Noyes E2602. iS_- sary to help preserve the natural and aesthetic !�= 39'/4'40" �`� / L E attributes of FAtM� Pond. milk � ►' Mil+: � L = /42. 86' � i,28 iron '�__ pipe �` = �6''ps • SURVEY L/NE r _._� Refer to letter for conditions. T = 74.36 ` suss , ... =_ _ _ o SITS N 24"28'06"W ` �\ S 38"0/'2/"E 6 5 ` c, 140. 08' _- . I43.54' 2� iron pipe ' S85� L O T o=208.57 r x 2 T "Lot. / a _ R z -Sec.008 Bock / Lot 4.2 AREA AREA = 2.67=Acres zFQ N;, 3.52' Acres zt N 4"50'40"W --' -/25, 0/7.! ft. ti ' /53,33t;sq ? y CIO Lot 202.32 22-4 Pi N 84 24 I/ W S 6 . LOCATION MAP i 223.32 260 „ k Center Line Of !Voter is-i - i2.s �p1• i f1 ; ' L in a Right Of Woy N O TES I Owner 45 Subdivider . Robert J. Mi//er t 5' ` �o P O N © �� `j t z5 t 5 FA RREL L RO WES TON, C T_ o iron pipe 2. Property is located in Zone A-/ Agri./Res. �k J. Site is located in Suffolk County, Town of Sw 1bold ROAD O SURVEY L/NE `t- \ „ 9 School. District 4 ; i�o\ :.•` � '� ', �'�0'�.�\e - Tox Mop 8 Block / Lots 4.2, 4.68 4./O N62"3730'"11Y �`� 0� 4 Contours Are Approximo>e And Based on M.S.L. \ 752.61 f \0,�\ 40 CU Qs Conservation Easement _� j o 5. -Sew' oge Disposal To Be ' On Site �` BO�33 00� � �� r�• - 79.90 •r A 6 Coordinate, Distances Are Measured From To Henry L. Ferguson ' • -- "P _ �� U.S. Coast And Geodetic Survey Trion u/otion Z Museum 'e �� ire► Pipe f, \\ a; '' Station "NIN '� y 9 3'48 E' 7. UT/L I T/ES UNDERGROUND a �-_- t 6 N252132 p �. FA = r / �� `- /3.22' ;ton pip E3580.44 n {'� 8. CONTOUR INTERVAL = 5 feet s 1 l • I r. n� 761*05 5.60:Acres / .• , + 9. TOTAL AREA _ 14. 02=Acres 2 43;936'sq. ft. NO2"46`36"w J �/, .t 64.83 p ► / N2 "09'481I ( � S23t°/2s5.2'4465 e " /O. REFER TO - ; .v,� �A 392.84 J43 ti� R47fz'�>> Fishers Island Development Corporotion To � \ 1 Robert J. Miller (Liber 8288 Pg. 347 t •w I t 56 00 i LOT 3 a , dri//note v 3/7/ 77) 2.87!Acres f AREA = ° • ,If z Jansen Noyes,Jr. To Robert J. .Miller N62"05`00"W / 2.03ACre %� (Liber 8529 Pg•292_ 9/27/ (9) ` uu 83.65' / 88,427,sq. f1: .`,�°�i C U S H M A I/ 5.5=Acrestrz _ p1P° 164. 78' t 3 \® RECEIVED BY ; !roll / �. % Jonsen Noyes, Jr To Roberf J. Miller 1 ( i a f f � � �� SODINO�D 1U�+ir rt�i���I�iG�OASD (Liber 8696 Pg. /03 - 8/9/79 N2235.54 ) to E 3 2 7 ' ,� . , -I . AY 3 19 a 6. O tArres / 3. / 14/ /on pips y DATE 49"04, ,, mohument h� tir° •'� �'� Gao �t 82.29 o00 e 1(S 40"56'00"E R = 23.06` 5� % V� �f 3Sl7 11 / NOP SUS` ® / V/ S / O0`/ �► _ AC ® 8 u r $ e 12? 0 S 49"/2'20"sY_ oG 'S, *�► �k9 3k,' 40. 00` , r t `� u ` ' ' I 7 01 t -a N 40"47'40"6V c 48. s5' � , PROPeRTY AT - ° LA00 �� F / S HERS = ISLAND NE PPY YO Rt SCALE / " _ /00 It. CHANDLER , PAL MFR & KING NORWICH , CONNECTICUT f _ 00 O tt . MA,5VH 23, 19L'4 I ' I t MIDXE FARMS POND �v N 65 °19'/6 76 e \ N3235.35 i5 Noyes E2602.39 A 390/4'40 t M D D L E bilks f MiF � L = 142. 66' I•�8 pipe _\ S lT° T = 74.36 ' _`�6 p6• SURVEY LINE E N 24 028'06"W �`�� S 38°0/'2/"E 6 5 /40. 08' -_ ?e 143.54' 2- iron pipe r cos. / S,9557 LOT / G Sec.008 Block / Lot 42 N AR FA �'� AREA = 2.87 s Acres 2' 3.52+ Acres Cvs svn N 4°50'40"W _/25, 0/7.! ft. ti /53,33/`sq.ft. c� (4 Lot 202.32 }�'"- a a��D so p _ 2 2- o ..I� 11 �' �' . .. ,. Pipe N84°24'//"W S 66 �� . F A R �� S d 223.32 ' Z 60 a LOCATION MAP F i WC/0 /'=400ft,= Center Line Of Wet er is- X 12.5 ,�01• � y L in e Right Of Woy NOTES - Owner 8 Subdivider : Robert ✓. Miller � r 5' 0 D ti 2� /5 FA RRELL RD W. ESTON, CT_ � iron pipe 4j 2. Property is located in Zone A-/ Agri./Res. v \ \ ROAD SURVEY LINE , l �A J. Site is /ocoted in Suffolk County, Town of Southold 14V 19 1 �� �9 School District 4 90 N55 2/42 W. Tar /.ts 6" gloc% / Lots � , y 684.10 OOT�. N62037'30'W / ` �i 0� t N r 4. Contours Are , Approximote And Based on M.S.L. lei 752.6/ C V �- Conservation Easement �� 80°3300h ,; ��Q.`�' r,�• 5Sewage Disposal To Be On Site `- 79.90 , � o t A 6Coordinate Distances Are Measured From To Henry L. Ferguson �gk R O U.S. Coast And Geodetic Survey Triongu/o>ion �� Z Museum \ .. iron P1Pe , ' e Station "N/N " e N 252/.32 7 UT/L/TIES UNDERGROUND 4 . A R EA = .--�'" /3 22'.- d isOn P�P E 3580.44 8. CONTOUR INTERVAL - 5 feet ` 561°05'00"W N 5.60=Acres 46 / \ �-�-- 64.83' 9. TOTAL AREA = /4. 02 =Acres 2 43,936tsq. ft. NO2° 36 W / r '�20�ET CA 465 N2,°09 48 E f{1GH �` S23°23'48"e 392.84 o O� Ar v,"AY ` /ia.28' /0. REFER TO - fnR�k�'fLLE 7 Fishers Island Development Corporation To y w t3s_12 i Robert J. Miller (Liber 8288 Pg. 347 a' L O T �, ;` drill hole 3/7/ T 7 ) 2.87-Acres i` Y AREA = % I ' / Jansen Noyes,Jr. To Robert J. Miller N62°05'00"W 2.0357cre ;' �� V * (Liber 8529 Pg.292 9/27/78) to 63.65' 88,427rsq. ft. o , �� C U S H f. A /'l 5.5=Acres y Iron pipe /64. TB' % ; R CEj ,ED �y ✓onsen Noyes, Jr. To Robert J. Miller l 1 S E! "o' [ (L iber 8696 P . 103 8/9/7 � 1'ClS7 ii i31Yij �Y�rd�N2235.54 � cn E 3/23.7/ ����de � � 2� • � 193 6. O±Acres iron pipe ` '' ' p yo ��/% �� m onumAnf ire w hh i tib ��� / `�o S 49°04 A7 A� ° p �y o� e2.29 �� 1S 40056 00 E Cl . � /� ss./i ion iR = 23.06 / NOR S V B D / V/ S / O N m `„ � �, ,� o�; �� PLAN I9'ADE F OR Q 5R9�, O� k�' 40. 00' - E!� a f.^ Ea t�: !is , 3 OF (y C \ PD HST90 . O N 40047'40"W PROPER? Y AT 48.85' m F / S HERS ISLAND , IVEK' Y0R /1 2s O, 0,952 SCALE / " _ /00 ft. CHANDLER , PALMER 8 KING Fo NORW/CH , CONNECT/CUT s /00 O 50 MARCH 231 1964 . s . T D Southold, N.Y. 11971 (516) 765-1938 October 23, 1985 Mr. Robert Miller Day, Berry, and Howard Three Landmark Square Stanford, Connecticut 06901 Re: Minor Subdivision Robert J. Miller Dear Mr. Miller: The following action was taken by the Southold Town Planning Board, Monday, October 21, 1985. RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "Robert J. Miller" located at Fishers Island was submitted to the Planning Board on March 27, 1984 and, filing fee of $100 was paid on March 27, 1984 WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on October 7, 1985 at 7;30 p.m., WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "Robert J. Miller" for approval of said subdivision plat prepared by Chandler, Palmer, and King dated as last amended December 26, 1984 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions to be completed within six (6) months from the date of this resolution: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No residential structure or sanitary disposal facility shall be constructed or other located within 100 feet of the edge of the shoreline of Middle Farms Pond. , . Mr. Robert M~ller Page 2 10/23/85 ---------------------------------------------------------- 3. The unlabeled parcel shall be restricted against future development and/or subdivision by requiring that the conservation easement be in perpetuity and additional measures shall be taken to insure that it will not be soldin the future for failure to pay property taxes. The parcel should be assessed as open space when development is prohibited. 4. No stormwater runoff resulting from the development of the subdivision or any of the lots shall be discharged directly into any of the adjaecnt bodies of water. 5. Clearing and grading within each lot shall be limited to that necessary for siting and constructing ahouse with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 6. Conditions 1 through 5 shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. When we are in receipt of notice that the above conditions have been met, the Chairman will endorse the survey map. 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 encs (2) . . . , DECLARATION OF COVENANTS AND RESTRICTIONS WHEREAS, ROBERT J. MILLER, of the Town of Weston, County of Fairfield, and State of Connecticut ("Miller") is the owner of those four certain pieces or parcels of land located at Fishers Island in the Town of Southold, County of Suffolk, and State of New York, and being more particularly shown and three of these parcels designated as Lots Nos. 1, 2, and 3 with the fourth parcel being undesignated and being 5.60 acres, more or less, on a certain map or plan entitled, "Minor Subdivision Plan Made For Robert J. Miller Property at Fishers Island, New York Scale: 1" = 100' ft. Chandler, Palmer & King Norwich, Connecticut March 23, 1984 Additions Nov. 5, 1984 Additions Dec. 5, 1984 Additions 12/26/84. Richard H. Strouse Licensed Land Surveyor" which map or plan is or will be filed in the office of the Planning Board of the Town of Southold, reference to which is hereby made; and WHEREAS, Miller desires to subject said parcels to certain covenants and restrictions between himself and all future owners of said parcels as hereinafter set forth; NOW, THEREFORE, Miller does declare that said parcels are held and shall be held subject to the covenants and restrictions set forth in the various paragraphs of this Declaration, to wit: 1. Lots Nos. 1, 2, and 3 shall not be subdivided, and the AJ~. k> ~'~~~ r . . - 2 - lot lines of these Lots shall not be changed in any manner at any future date unless the same is authorized by the Southo1d Town Planning Board. 2. No residential structure or sanitary disposal facility shall be constructed or otherwise located within one hundred (100) feet of the edge of the shoreline of Middle Farms Pond. 3. The undesignated parcel on said map or plan being 5.60 acres more or less, shall be restricted against future develop- ment and/or subdivision as is set forth in a conservation ease- ment from Robert J. Miller dated December 29, 1983 and which is recorded in the Suffolk Clerk's Office in Liber 9633 of deeds at Page 364, and, in addition thereto, and except as is provided in this Declaration, it is agreed that the real estate taxes for said undesignated parcel shall be divided equally between Lots Nos. 1, 2, and 3, and the owners of these lots shall be each responsible for the payment of one third of these taxes. Howev- er, in the event that Miller conveys said undesignated parcel or any portion thereof to the owner or owners of said Lots Nos. 1, 2, or 3, he shall obligate said owner or owners with a corre- sponding responsibility in the manner set forth in this Declara- tion for the payment of the taxes on said undesignated parcel in the deed of conveyance, and the other owner or owners of said Lots Nos. 1, 2, or 3 shall have their responsibility for these . . - 3 - taxes diminished or deleted, as the case may be. In the event of any failure in the payment of these real estate taxes, the same shall become a lien upon Lots Nos. 1, 2, or 3, as the case may be. The owners of said Lots Nos. 1, 2, and 3, who are responsible for the payment of the real estate taxes on the undesignated parcel, by unanimous agreement may change the obligations for these taxes among themselves. 4. No storm water runoff resulting from the development of the subdivision or any of the lots therein shall be discharged directly into any of the adjacent bodies of water. 5. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house and incidental improvements in connection with the house with the intent of preserving as much of the natural vegetation of the site as is possible. In addition thereto, the clearing and grading will be limited so as to minimize storm water runoff and erosion. 6. These covenants and restrictions are to run with the land and be binding on Miller and all persons claiming under him in perpetuity. 7. Invalidation of anyone of these covenants by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. The premises affected by the within Declaration of Covenants . . - 4 - and Restrictions is most particularly described in Schedule A attached hereto and made a part hereof. IN WITNESS WHEREOF, the said 1ft- ROBERT J. MILLER has hereunto set his hand and seal this day of ~ , 1986. Signed, Sealed, and Delivered in the Presence of: j) J <l/nL G. (WI ;jnWY\ Ci15-rr" jj~rcJ (L. S. ) STATE OF CONNECTICUT ss: Stamford '/JLo.'( / r , 1986 COUNTY OF FAIRFIELD Personally appeared, ROBERT J. MILLER, signer and sealer of the foregoing instrument and acknowledged the same to be his free act and deed before me. PHYLLIS A. ~,~'{C;~x:>j'r[ NO]'/lRY PL:nLIC MY CmMf1\SSlOrl EXPiriES f',',;\r:Cil 31. 1991 . SCHEDULE A . FIRST TRllC'l': wr 1<<>. 1 A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Easterly side of a proposed road, said point being 3235.35 feet North of a point which is 2602.39 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence running North 65' 19' 16" East about 76 feet to the shore of Middle Farm Pond; thence following the meanders of said shore line. in a Southeasterly and Northeasterly direction about 525 feet; thence fOllowing said meanders Southeasterly about 142 feet; thence following said meanders Southwesterly about 115 feet; thence South 66' 51' 17" West about 250 feet; thence North 84' 24' 11" West 223.32 feet to an iron pipe; thence continuing North 84' 24' 11" West 110.00 feet to a point; thence North 19' 39' 23" West 276.00 feet to a point; thence North 65' 19' 16" East 140.00 feet to the point of beginning. Containing 3.85 acres, more or less. SEl.:OND TRAC.r: wr roo 2 A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Northwesterly line of land of Cushman, said point being located 2628.07 feet North of a point which is 3640.56 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence North 55' 21' 42" West about 80 feet to the shore of Middle Farms Pond; west, north, west, north, west, northwest, and east thence following the meanders/of said shore line about 1370 fee:, thence South 3' 15' 27" East about 436.4 feet to an iron pipe; thence South 34' 38' 18" West 174.32 feet to the point of beginning. Containing 3.52 acres, IOClre or less. ., . . . THIRD TRACT: LOT NO.' 3 A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at an iron pipe which is located 2521.32 feet North of a point which is 3580.44 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence South 610 05' 00" West 64.83 feet; thence South 180 43' 00" West 313.39 feet to a monument; thence South 490 04' 00" West 82.29 feet to a monument at a point of curve to the left hav- ing a radius of 23.06 feet and the direction of whose radius at that point is South 400 56' 00" East; thence Southwardly following the arc of said curve for a distance of 36.17 feet; thence South 490 12' 20" West 40.00 feet; thence North 400 47' 40" West 48.85 feet; thence North 020 46' 36" West about 465 feet to the shore of Middle Farms Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about 350 feet; thence South 550 21' 42" West about 80 feet; thence South 340 38' 18" West 115 feet to a drill hole; thence South 230 23' 48" East 13.22 feet to the point of beginning. Containing 2.03 acres, more or less. FOURTH TRACT: A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Southwesterly line of a proposed road, said point being located 2235.54 feet North of a point which is 3123.71 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 620 05' DO" East 83.65 feet to a point of curve to the right . . whose radius is 341.80 feet and the direction of whose radius at that point is South 27" 55' 00" West; thence running Southeastward- ly following the arc of said curve, 127.00 feet; thence North 2" 46' 36" West about 465 feet to the shore of Middle Farms Pond; thence - running Northwesterly following the meanders of said shore line about 700 feet; thence North 84" 24' II" West/~8~HE feet to an iron pipe; thence South 23" 14' 22" East 729.36 feet to an iron pipe on said aforementioned road line at a point of curve to the right having a radius of 170.26 feet and the direction of whose radius at that point is South 27" 32' 10" East; thence Southeastwardly along said road line, following the arc of said curve 164.78 feet to the point of beginning. Containing 5.60 acres, more or less. I ',~ . ~ '''1'''' -" . ';f>:i,,';li'l!'~ ",",J..";. ,,.,.. '~ t' it'" ),,<1.:1<' ): \',.,'; ;,,' , ",~I' ",)'~ l~ /~,C;}:':' ,(.> ,rit" '~..; , r_ I r lilt Id. "rCLARATIU~ Of COVENANTS AND RESTRICTIONS "'llt"fA;~, . ROHRT J. Hlll.~R. of the Town of Weston, County of ("HIller") I. the owner of !',tat. o( fDnneC:l~ lcut .t,d it)..::!ti (,I:: '~'~,LI'i.J thou, tuur ('eftllIII pll!l>t'M or parcels of Jand located at Fishers i.ltif.d In the TI."'n uf Southold. County of Suffolk, and State of c<' '~u.~~ ~f'''' Yllrlr., nod belnK MOl"" paTtl-cut.rly ahown and three of theae p"rnl'l. ch'.ltn.ted .;111 'Lota HOB. I. 2. ond 3 with the fourth I: ."_r ,Li., r'I.n.i~ betoK undeal(l;tlatl!d and b1elnl 5.60 acrea, lDore oc less. on " . rrrfalrl .-11 1,1 p141\ ~ntltl.d, "Mtnor Subdtvtftton PlAn Hade For ,( II f1nbl'rt .I. t'ltllt!T Prol-',,'rl.y at Flllh~'T. leland, New York Scale: 1" . lnll' It. (balldlt~r. PaJa,ec & )(ilDl Norwich, C''lnnr.ctlcut Harch ,J, h./j,i .~, ~() l~g4 Addlt'llJnl'l Nov. ~. 1984 Ji.ddltlona tier. 5, 1984 Addition. l. U(J ",j'. CH:~ 1~/2'/84. Rlr.h..rd H. SlrolJlRf' f.tcenaed Land Surveyor" which ..p lif pl aD 111 ur wtil be fl11e,d In the offiCE: of the Planning ~i ..,to ~, ti~ board ,~f the Town 01 Southold, reference to which 1s hereby made; ~liJ i (J,l i (t ,I "'"EREAS. M!llf'r d.,.il"eS to subject said parcels to certain ~~I~Allt~ dnd rl:atrtfllun8 between himself and all future owne:~ j~: &.~ld pare"pls aa hrrclnaft.r set forth; SO,,', jHE~EF0RJ, li:ilI~r dot's dleclare that said p.1Tcelli arc held all~ ~ll611 be hf'ld ~u~1ect tl1 the coven81lta Rnd r~Btri=tion8 liH'! forth In tht" various plir4gr.phf~ of this Decluration, to \lit: 1. tot. N~.a. I, 2, and) ahall not be 8ubdivided, and the ~ -~-- -----_.~ "'--,~ " , 1 \ . . d I', 1',('4 4 and 1/~.trlctlon8 1.. Bout particularly I' described 1 n ::-;ri:,edtil,' ...tldt:ht!'d h~'r,.t(, .~nd lI~de II part h~reof. IN "11 ~f:SS WHF-k ~:n F. the said ROBERT ..t t,15 hand and /J~! fleal l h Is day of I, MILI.ER has hereunto "" . ]986. 5 tIned. Se-:al ed end Delivered' In the Preliera.e ot; -'-~ ~R .~ (L.S) ERT .J. HlLLEll--'- " _.~.,-."~--_.- '/ -~.lL~-=--_ "-;r-:-:L.U.aL1:_______ STAlE Of CONNECTlc:rr (:nl:~lY OF fAlkflfl.D Sti..llllford ,",9 : ~,;;{ / I \, T:; tht, Personally 4rpear~d for~go!ng Instrullcllt ~11d d"vd L~fur,: Qe. l (, bel, j :~ RUDEKT ,J. HILt.LR, b igl"~L ",nd [i,.,j" dllJ dcknowl t.'dgeci ti.;:;: &1llilt, "~(:' ( "11 P.!-IY:LlJS " "dl u:- STATE OF NEW YORK 55.: County of Suffolk I, JULIETTE A. KINSELLA, Clerk of the county of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court 01 Record) DO HEREBY CERTIFY that I have compared the ifnexed copy ",f II H / J ;; Deed Liber / tJ 0 I? f'g. '7"1 I;) Re'<:2Eoded '?:.,.:; 'flff, and that it is a just and true copy of such original I'_~~ and of the whole thereof. Ai IN TESTIMONY WHEREOF, I hav~ereunto set~ ~~ a9d affixed the seal of said County and Court thIS,.......:~ ~daY OI.~~JI1~'. a~" . . . . . . . . . . . . ----;;;ff.- Clerk -- ; , \21091"_ Form No 104 . -------.---- - -"'--_.,~~~-~.--_..~--~-....~.. ",~~,,,--,,:,._~~-,~_.--._-~. ,,"\!~ .~ '. ~~I~' ,,-: - . ". ".r., :" . . I~t:== jlF'- f .~ 11II "~ :t~ ,.', ~, 'j t ,.:r, i<; ,~:j <':.;:;1: (I.' ,; s' I:' ~r,,< 't " ~:. ,,1 "' .,;'t<;. ,',',,", :,j~:j~' pJ ,i~ .~r; f<,;~;[-~ =-. ~"~~"~".""~...",.,' . . ~i;ih.*"J.: n..l't ~]lL{~~~h. PIIII1' 'DI1ICl': UII.' Ill. 1 A certain tract or parcel of 14nd located at Fishers Island, Town ot Southold. County of Suffolk an,l State of New 'tork, be.lng bounded and described as tollows: aeginning at a point on the EasteI"ly side of a proposed road, said poInt being 3235.3$ feet North of a point which is 2602.39 feet Baat ot 4 monument max'king the UnJ.ted States Coast a.nd Geodetic Survey TrlanguJ.aticr. Station wNIN-. and thence running North 65- 19' 16- East about 76 feet to the shore of Middle farm Pond; thence follovlng the meanders of S41d shore line in a Southeasterly and Northe..terly direction about 525 feet: thence fOllowing said meanders Southe~sterly about 142 feet: thence following said meanders Southwesterly about 115 fe4~t; then,ce South 66* 511 17- West. about 250 feet; thence North 64* 2~' 118 West 223.32 feet to an iron pipe; thence continuing North 84u 24' ll~ West 110.00 feet to a p~jnt; thence North 19* ]9' 2)* West 276.00 feet to a point I thellce rl~~tl} 65. 191 16~ Ed6t 140.00 fe~t to th~ point or begij~l~ing. Containing 3.85 acrda. more or les~l. SEaQ) 'lllACr: tar W. 2 A cectdin trdCt or parcel of land locatea at fishc;::; r-sl.i~b; '~ of $vutbo1d, CCnHitj ot SLit'f,;ll_ and State :'>..:1;:, b And described d~ foJ,lows: Begin" i:lf) dt a poin'C on the ~o.L' L 1';.,Ie:';, .>eI' J... ~uid pOln~ ce~n9 locdtbJ 262d.~-! i~~ l~. 3640 :6 feet Ei..L'>.t of a ,~j,;,mllmcnt ,.~.:;.rid '., ~ "; i ,.' ~. ",Jllc.,j ;:i\,.t, GeOlJt:: .i (; Survey Tr langu 1at lClO Stat ion .. NL>l" dnd HliHlll'1g ttH:;;(H;t!t Nu,i:' L I, :,S. 21' 42'" Wt'st: ahout ao tEet to. Uw shot"'_ ,.)f Middle f.:.n,L . .)11',; "-est., oorth. \lA~t, u...lt111, ;.J(~t.j r\lTtil1. '~henct; tollowing the mean6<erl/ot said shore line about,]'", thence South 3'" 1S' 27. Ea3t about .36.4 t~et to an 1'C~ 1'1" thene. South 34* 38' 18" West 174.3.2~ feet tel the pO.lnt (,f lit' in..,;-. Catta..uUng- 3.,52 acres. DDre or less. -~~_......,-~----_._---- l~", 7;f:i:~'" ,..,...... ",2.r,~~, Ji; ~~r~' -. . . . , ,.....,j;,~ -, ..... i ........,;,;;,\;;,,;"",;..,.....J .,~ li;,j;j'lI:.J"""",,," .~... ,-,_, ;;i...~... i."-l<, ,lj..d ,"., . ,.....,'i\I;o....-~..~~~C.;.~.w;:h....'":!>;.... . HIlt .. ~ }8001 ...... ~..... Ie )u... 'Ht ... tile dincUOft 0' ...... ~ocIiuo at tllet ,.iIIt Ie lout' U" 55' .." "at, t..._ ..unnin, Iout.....tw...d- 11' 'Ollowint tile ...c o. ..U CUCYe, 137.00 '..t, tllenco No"tll a" 46' JI" hat .-.wt ... 'Ht to t... allo&-. 0' IlUdl. ,_ Pond, t...... - _Ie, ..~t...l,. fOllowint t... _..... 0' ..id .110... Un. ....t 700 'Ht, tile... ....tll .." at' 11" hat/~& 'oot to an i..on pi,e, t-..o. IDatIl a)" 1.' aa" "'t 7a'.)6 '..t to an i~on pi,. on NU aror_u-.I ...... Uno at a POlo~ 0' curw to t'" I'1l11t -.wint a ....i.. 0' 170.26 'Ht and tllo di...ction 0' who.. ....iuo at tllet polot Ie ""~b U' U' 10" "'t, thane. 10utha..tWadl,. alaq .aU ~ Uno, 'Ollowint tile ...c 0' .aU curw U.."'~t to tM po~ 0' betiui",. ;: ClMYloint .... _. __ or -.. ." 'c. ~, ~~ T .',," ,~..)".",~"t ~ ~?;. "" . . ''''''~''''~"""oOl:.lii,...-~,,..:; ,,"., ,-,,_-. 101M_ ;., \ II ~~' . " .... ..... ,.... L.rt.~ ::: ~~o ... ~.., ... ' " :.. .~ ~ 1~ lrN .~ r.t t l!',.F n. - ,. "- ..J> o - .~ - '~::'""~'.,...-,-.""""",.- . ~'aM ~1 .-1\111.. ""lit ,r''''1 ;.t" '",", 'iJ.", ,if': , ,'. fw,' ) ;0' ,',,t ;: ~ ' , it' , tIN I( . ~ \ . ~ . '.' ~. . i~: ! ' ~ _0 .:~ " ,'\ < ",' .:,.~ J ";,..- '-'. :fJU-; '_1, " ff"J l:'pLf:1f~'; J:, ",.-4. ,-J 'I " ...... ' ,,,' " , . ". ',~_'Cf""..v,! ',_ ':f;.rcfJ..,: ".. :;i ~'~'" i,f,r;,;".., .,( . {.",. : r.,,) ;,) ;,'1':'(;'9 ",L; :.'-M:':" ':, ~ ",tl' '_:71ti. ~)~~ lH\f,:-,.~," " ~ fi ~ { ," '~ 14 '~'" - .......1';.. '; .~, " c'~ e;.,." ,_. "., '-""-',' -"0'_"'..11.,..' . '-" ',' ."t.,"", ....'iiitIr:J f ~ 2. 3 . 4 . 5. 6. 7. 8. 9. 10. MINOR SUBDIVISION 1. 6 copies sketch plan received spot elevations sent to Planning Board Meet wich Planning Board Required changes sent in writing New submission received Approval of sketch plan Sent letter with resolution approving Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) Public Heari?? (within 45 days) Advertised ~ Affidavits of PUblication received Action by Planning Board (within 45 days) Sent to County Planning Commission Received County's recommendations . '11. Filed covenants and restrictions received . 12. Authorization and signing of map , '0\ () ~/)i ,,0- ~ P""q;P '0lJ . ~Ji( y -/ \JY'lis1\vl c /~ \ {y C}!~ '\ \:0 i"- ! / v z -L \/ ~ t/, V' ./ =L ~ .. -'_..1 I " _'I" .. _..... "'TOWN CLERK .. -.,.,_r..T.,. _.a _ _ .. _ r'-~ _.- .. -. -.. .... TOWN OF SOUTHOLD . Suffolk C tv N oun.", ew York 516 ' r . - '1'65-.801 ~o - . , · ") . 11969' i ""'.. .' :;;~<~ ~....w. N. Y.Il97 ~~:, 7.19al - .~' , ~r f -' . _ '-r7, - j' A Dollars ....@c~ : - ~~~#~/ , .~...~~c~#,-~/ ~JUdith T. :err~y Town Clerk f .. ...... .. . L'.', ~_~-u.~_l~ J_1Lr. 1IIiI _.=__~- - - ---""""*------ -'--------- --.- F '."- ~ J,;~" . ' '. ~Lt dFtLc- ,', t-))tv/,'?<- J) S 'i ?8 ~, . UiS"5/17'Z 1\ MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, N. Y. 11968 PHILIP B. MATTHEWS STEPHEN L. HAM, m 516-283-2400 TELECQPIER 516-287-1076 February 11, 1992 Ms. Valerie scopaz planning Board Town of Southold ~ain Road Southold, NY 11971 Re: Cushman/Miller/Noyes to Rentschler Dear Valerie: Following up on our conferences and correspondence from last year, I have enclosed copies of the fOllowing deeds: 1. Deed, dated February 15, 1991, from Rita M. Cushman, as Trustee, to Charles E. M. Rentschler and Suzanne Snowden Rentschler, recorded July 30, 1991 in Liber 11307 page 024. This deed covers the 2.9-acre improved parcel designated on the Suffolk County Tax Map by the number 1000-8-1-6.1. 2. Deed, dated September 24, 1991, from Robert J. Miller to Rita M. Cushman, recorded October 22, 1991 in Liber 11356 page 471. This is a replacement deed to a 1980 deed between the same parties that was never recorded. However, because Mr. Miller sent a copy of the unrecorded deed to the Tax Assessor, a separate Suffolk County Tax Map number, 1000-8-1- 4.020, was assigned to the .35-acre parcel purportedly conveyed by the 1980 deed and covered by this deed. 3. Deed, dated October 31, 1991, from Rita M. Cushman to Charles E. M. Rentschler and Suzanne Snowden Rentschler, recorded December 17, 1991 in Liber 11387 page 047. This deed covers the same .35-acre parcel conveyed by Mr. Miller to Mrs. Cushman and provides for the merger of that parcel with the parcel conveyed by the deed described in item 1 above. ill \~8 -, "'"\1 In\' . ~ \ l :.\ \'I;,! , I :. ~ : " " \ ~^,) '\ j i SOUTHOlD TOy'!" J PL~.NNING BJHiL_ . . Ms. Valerie Scopaz Page 2 February 11, 1992 4. Deed, dated December 9, 1991, from Jansen Noyes, Jr. to Charles E. M. Rentschler and Suzanne Snowden Rentschler, recorded December 17, 1991 in Liber 11387 page 049. This deed covers a .4 6-acre parcel that was purportedly conveyed by Mr. Noyes to Rita M. Cushman in 1980. However, the 1980 deed was never recorded and no records of the transfer were sent to the Tax Assessor. Nevertheless, the Map of Fishers Island Development Corporation, filed September 25, 1991 as Map No. A421, depicts this parcel as appurtenant to the parcels described in items 1 and 3 above. A new Suffolk County Tax Map number, 1000-8-1-4.022 has been assigned to it. The deed provides for the merger of this parcel with the parcels described in items 1 and 3 above. To summarize the foregoing, the Suffolk County land records now reflect the merger of the 2. 9-acre parcel (SCTM # 1000-8-1-6.1) with the .35-acre parcel (SCTM # 1000-8-1-4.020) and the .46-acre parcel (SCTM # 1000-8-1-4.022), all consistent with the filed Map of Fishers Island Development Corporation. Title to the three merged parcels is held by Charles E. M. Rentschler and Suzanne Snowden Rentschler, his wife. I believe it would now be appropriate for the Real Property Tax Service Agency to assign a single tax map number to these three parcels and for the Tax Assessor to create a single assessment for them. The Noyes assessment for SCTM # 1000-8-1- 4.019 should be proportionately reduced to reflect the transfer of .46 acre from that parcel and a new tax map number should presumably be assigned to it. I am sending a copy of this letter and enclosures to Bob Scott of the Assessor's Office and Dennis Gates of the Real Property Tax Service Agency. If you or they have any questions or comments, please give me a call. Sincerely, ~fk Stephen L. Ham, III SLH: j a Enclosures cc: Mr. Dennis Gates Mr. Robert Scott \ sider- ion . \~~) Ul16 ~PIlOoll ... e,l' . WUIf ~ . "t ~~ "~ICf. to AX MAP ;IGNATION 1000. 00<3.00 01.00 ,006.001 w ~\ t1) \f) . Cl') ('~ . , .... - \ · ~ U 'Ii] :~ - Fo'm .002'1-.'-20M-1I",.I. ",..\ _ ,. j)'..d"'!'!: (",,".n.n' ".10" O..n'.... A".-lndl,ldo "co:r n ( \i1"[I)@ - CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUM~NT-T~IS I"STRUMENT SHOULO B nul.LBY LAWYERS ONLY. 113G7PW24 " 3266~ . .Ii!! l~' ,I U " :\ THIS INDENTURE, made the 15th day 01 February, nineteen hundred an!! nln~ty.c-~o..I1e..:> BETWEEN RITA M. CUSHMAN, as Trustee under RITA M. CUSHMAN TRUST, dated April 17, 1981, and Successor(s) in Trust, now residing at 5029 Roadrunner Road, Paradise Valley, Arizona 85253 party 01 the first part, and CHARLES E. M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER, his wife, both now residing at 2375 North 1050 East, Hartsville, Indiana 47244 party 01 the second part, WITNESSETH. that the party 01 the first part, in consideration 01 Ten Dollars and other valuable considerati?n paid by the party o[ the second part, does hereby grant and release unto the party 01 the second part, the heirS or successors and assigns 01 the party 01 the second part lorever, ALL that certain plot, piece or parcel 01 land, with the buildings and improvements thereon erected, situate, lying and being in the . See Schedule A hereto , 3266Z $ R2'VED REAL ESTAT~ JUL 30 1991 TRANS~ffi'lAA". SUF~fJtK CO , ..l. ~ . , TOGETHER with all right, title and interest, il any, of the party 01 the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appnrtenances alld. 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 01 the second part, the heirs or snccessors and assigns of the party of the second part lorever. , AND the part~ of the .flrst part covenants that th: party 01 the first part has not done or snlTered anything whereby the sald premises have been encumbered In any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 01 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 SlIch consid- eration as a trust fund to be applied first for the purpose o[ paying the cost of the improvement and will apply the same first to the payment. of the cost of the improvement belore nsing any part 01 the total 01 the same [or any other purpose.. " The word "party" shall b? constrned as if it read "parties" whenever the sense of this indentnre so requires. IN WITNESS WHEREOF, the party 01 the first part has dnly executed this deed the day and year first above written. IN PRESENCE OF: x JJg;,., "t. (',.~...... Rita M. Cushman, as Trustee under Rita M. Cushman Trust 0<;) '\0 '<.J~~, ).~ ST,~TE OF .N4,..-.l'INRtt. COUNTY OF , 55: 1 O~ t~~ /J.~!P- day of Februi. , 1 _ ~ ,before me r?1Jersonally came . g Rita M. Cushman ~ to me known to be the individual described in and who r' executed the foregoing instrument, and acknowledged that i;,:> she executed the same. C':> I ~ \-i Notary Pu 7 ~,'" -. . -~-'~:'~1~ STATE OF NEW YORK. COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No, that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order, ~Ilrgalll anb ~ale Ilerb WITH COVENANT AGAINST GRANTOR.S ACTS TITLE No. RITA M. CUSHMAN, as Trustee TO CHARLES E. M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER Dillr-ib""J by ~ TICOR TITLE GUAF1ANTEE , I STATE OF NEW Y()~K. .TY OF On the j of \ personally came 55: 19 , before me to me known to be the. individual executed the foregoing instrument, executed the same. described ,in and who and acknowledged that ss: STATE OF NEW YORK. COUNTY OF 55: .. 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 jndividllal described in and who executed the foregoing instrument';' that he, said subscribing witness, was present and saw execute the same; add that .,. he, said witness, at the same time subscribed h name as witness thereto. .. .-1: , SECTION BLOCK LOT COUNTY-OR TOWN TAX BILLING ADDRESS Recorded At Request of TIcar Title Guaranlee Company RETURN BY MAIL TO, " Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, NY 11968 ,OJ '/J ' .":r>'" Zip No. ~ u ii: ~ 0 " z is '" 0 lrl '" ~ 0 ., '" :> '" fl ~ u '" ... '" '" x , >- . ~ " > '" .. ~ ::J '" . - . 113U7rL02'~ . . SCHEDULE A To Deed From: Rita M. Cushman Trust To: Charles E. M. Rentschler and Suzanne Snowden Rentschler Date of Deed: February /(, 1991 A certain tract or parcel of land with the buildings thereon located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bound~d and described as follows: Beginning at an iron pipe set on the Westerly line of the hereinafter described parcel at the Southwest corner thereof which point is situate 2572.66 feet North of a point which is 3673.37 feet East of a monument marking the united States Coast and Geodetic Survey Triangulation station "NIN" and running thence North 61 degrees, 05 minutes 00 seconds East 232.28 feet to an iron pipe; thence North 67 degrees, 45 minutes and 00 seconds East 146.60 feet to a drill hole; thence South 79 degrees, 01 minute and 00 seconds East 118.80 feet to a point; thence North 67 degrees, 54 minutes and 00 seconds East 90.07 feet to a point; thence South 83 degrees, 36 minutes and 00 seconds East 64.35 feet to a point; thence South 59 degrees, 33 minutes and 00 seconds East 70.37 feet to a point; thence South 13 degrees, 35 minutes and 00 seconds East 236.90 feet to a point at the shore of Block Island Sound; thence South 46 degrees, 56 minutes and 00 seconds West 69.29 feet along said shore line to a point; thence North 44 degrees, 35 minutes and 40 seconds West 92.67 feet to a point; thence South 61 degrees 28 minutes and 55 seconds West 13.39 feet to a point; thence North 83 degrees 53 minutes and 39 seconds West 10.86 feet to a point; thence South 85 degrees 19 minutes and 33 seconds West 69.54 feet to a point; thence North 80 degrees, 25 minutes and 57 seconds West 519.00 feet to the iron pipe at the point of beginning. TOGETHER WITH a perpetual right of way for the purpose of ingress or egress by foot or vehicle over the existing driveway across lands heretofore conveyed to Allerton Cushman and Rita Cushman by John W. Hanes (Liber 8176 page 398), abutting the above described premises on the South, starting on the Westerly line of said premises heretofore conveyed to Allerton Cushman and Rita Cushman at a point 2193.16 feet North of a point which is 3423.13 feet East of the U.S. Coast and Geodetic Triangulation station "NIN", and running northeasterly to the above described premises. TOGETHER WITH whatever right of way that the party of the first part may have, if any, over the existing road leading Northwesterly from the point of intersection of above mentioned driveway with the Westerly line or side of said lands heretofore conveyed to Allerton Cushman and Rita Cushman and leading Northwesterly to the road leading to the East End. TOGETHER WITH a right of way, 10 feet in width, for the use and maintenance of a water line leading from the buildings on the above described premises across said premises heretofore conveyed to Allerton Cushman and Rita Cushman, the center line of which- intersects a point which is on the westerly line of said premises heretofore conveyed to Allerton Cushman and Rita Cushman North 61 degrees 05 minutes 00 seconds East about 20 feet from the Northeasterly end of the first course in said deed to Allerton Cushman and Rita Cushman, and running from said point of beginning South 80 degrees 33 minutes 00 seconds West 79.90 feet to an iron pipe; and RUNNING THENCE North feet to the existing the East End. 69 degrees 17 minutes 00 seconds West 1885.3 water main located in said road leading to -, I SUBJECT TO the provisions contained in the indenture conveying said right of way to John W. Hanes dated December 10, 1956, being " 113U7PL02. , . \ , " . between John W. Hanes and Fishers Island Estates, Inc. TOGETHER WITH a right of way 15 feet in width for the use and maintenance of another water line, the center line being described as follows: BEGINNING at a point near the Northeasterly end of the above described tract, said point being located 2744.81 feet North of a point which is 4214.82 feet East of said "NIN" monument and 'thence running North 45 degrees 44 minutes 00 seconds East 175 feet to the shore of Treasure Pond. SUBJECT however to any reservations or easements premises. and all o.f record covenants, which may restrictions, affect subject ... SUBJECT FURTHER TO a right of first refusal in favor of Rita M. Cushman, now residing at 5029 Roadrunner Road, Paradise Valley, Arizona ("Mrs. Cushman"), as set forth herein. By accepting this deed, the grantees agree that they will not sell or otherwise transfer the above described premises unless they shall have first offered the same for sale to Mrs. Cushman in accordance with the additional terms hereof. If the qrantees desire to sell or otherwise transfer the above-described premises, they shall first obtain a bona fide offer in writing from a third party for the purchase of such premises and then offer in writing to sell such premises to Mrs. Cushman at the same price and on the same terms and conditions as such bona fide offer. Mrs. Cushman shall have a period of five days from receipt of such offer within which to accept the same in writing and a period of ten days from receipt of a contract of sale incorporating the terms of such offer to sign such contract and make the required down payment thereunder. If Mrs. Cushman shall fail or refuse to accept the offer or sign the contract and make the required down payment within the aforesaid time periods, then the grantees shall be free to sell the premises to the bona fide offeror provided that such sale is made at the same or a greater sales price than the price at which the premises were offered to Mrs. Cushman. If the sale to such bona fide offeror is not consummated, then the provisions hereof shall again apply in the event the grantees desire to sell or otherwise transfer the premises to another prospective transferee. Anything herein to the contrary notwithstanding, in the event Mrs. Cushman shall default under any contract of sale entered into with the grantees pursuant to the provisions hereof, then the right of first refusal granted to her herein shall cease and terminate and the grantees shall at any time thereafter have the unrestricted right to sell or transfer the above-described premises to any person or entity whatsoever. The right of first refusal granted to Mrs. Cushman herein is personal to her; such right may not be sold, assigned, bequeathed or otherwise transferred by her and if it shall not already have been terminated pursuant to the provisions hereof, it shall cease and terminate upon her death. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed, dated July 13, 1984, and recorded July 23, 1984 in the Office of the Suffolk County Clerk in Liber 9605 page 444. 2088 lfl c: ~.t". .., rn S? <-- ~ ,,v c:::> '-' L \,\J '. .- - ("'~ _.~ . T\ ." ~ .-, -< -- -- -' . ~' ra NYTT ~ $4'.00 ~~\ \~ \JJ \ f{ ..~i-,""", R~' <c' ({ ~, .~. ~.~....., TAX MAP 'ESIGNATION "'!. 1000 ".008.00 II. 01. 00 ot(s): ~ 004.(lo.Q I ~ 'OJ 1'\1' r6 ci' \<3 '0 lD I i:iuvvl~-d.l ,. 510 '171 ~ 8'1'33 Form 8002*1-89-20M-llnr!;l\il1 "nd Sal.. Dl'td, with Con'llant .!;ainst Grantor', Acts-Individual or1!'oratlon. (sin;::le sheet) CONSULT YOUR LAWYER BEFORE SI(;NING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. , THIS INDEN11JRE, made the ;~'-\-lt) day of 'dzfJ\W\~ nineteen hundred and ninety one BElWEEN J ROBERT J. MILLER, now residing at 15 Farrell Road, Weston, Connecticut 06883 party of the first part, and RITA M. CUSID~N, now residing at 5029 Roadrunner Road, Paradise Valley, Arizona 85253 party 0 f the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable considerati?n paid by the party of the second part, does hereby grant and release unto the party of the second part, the he.rs 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 thereo~ erect~d, . situate, Iyingandbeingal.ltlrd<: at Fishers Island, Town of Southold,.. County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at an iron pipe located 2614.21 feet North of a point which is 3748.59 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 61 degrees 05 minutes 00 seconds West 192.10 feet to an iron pipe; thence North 23 degrees 23 minutes 48 seconds West 13.22 feet to a drill hole; thence North 34 degrees 38 minutes 18 seconds East 289.32 feet to an iron pipe; thence South 3 degrees 15 minutes 27 seconds East 157.54 feet to the point of BEGINNING. SUBJECT TO the rights of the grantor, his heirs and assigns, to build maintain and use a driveway across the above described tract for all purposes for which a driveway is ordinarily used including the right to install utilities therein and the right to grant easements in connection with such utilities, This deed is delivered in replacement of a certain deed to the same premises from the grantor to the grantee herein, dated April 1, 1980, which prior deed ,was never recorded. RECEIVED $ t- RE.~L EST/ITE ."l 8'733 OCT 22 1991 TRANSFER 1M ..,;~~ sur r OLl~,..y~~'i' COUNfY .. , 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 part~ of the ,flfst part covenants that th7 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, i~ compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the conSlueratlOn for thIS conveyance and wilt 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 w'Ord "party" shaH be co~strued 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: ~ Miller C':'\.'. 1". .. ,~ <. ._:~ =- ,.0 t::' ~\ .J <:-4. ..-0\ ...............t;....'.I..Vl . I ~~^'Tw: ~!I! "'"''': ~ '. 1It~,. '=,,~:...,~r - / e::A\t>.t:='~;_.7 On the :).,\""1 day of ~-\"-' r.l:;><L(' 19 91 personal 1 y came Robert J. Miller ~ ~-^...,.. 0'-:" v":,,,:,v. '~"':"_"'''-v ._. before me On the lay oi personally came 19 . beiore me to me known to be the individual executed the foregoing instrument, he executed the same. described in and who and acknowledged that C'~"~ ANNE SWEENEY NOT/tRY PUBLIC MY COMMI::SION EXPIRES MililCH 31. 1995 STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion,' and that he signed h name thereto by like order. ~arlJain anb ~ale Ulub WIlH COVENANT AGAINSl GRANTOR>S ACTS TITLE No. ROBERT J. MILLER, TO RITA M. CUSHMAN O'lIribl.ud by ~ TICOR TITLE GUARANTEE to me known t(1 be the individual executed the foregoing instrument, executed the same" described in and who and acknowledged that 55: STATE OF NEW YORK. COUNTY OF S5: On the day of personally came the subscribing witness to the foregoing instrument, whom I am personally acquainted, who, being by me sworn, did depose and say that he resides at No. 19 , before me with duly 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. SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded Al Request of Ticor Tille Guarante.e c,ompany RETURN BY MAIL TO:, Stephen L. Ham. IJI, Matthews ,&.!fam,'! 45 Hampton Road Southampton, NY 11968 Esq. r,:", Zip No w U u: ~ o " z i5 .. o ~ .. ~ o w .. " .. S! w U '" .. .. .. x 0- w > .. w .. w .. UH II (I ':, '~i 1()}IIlS '1')' '1,1 "; '''','1';\(\:\ JH\\n ',I ' ( ~ ~- C.tJ ;,j lb. \l~ 'jS G lliJG . i I ~' \ ", 'J '\'(', NYTT $/+ :00 DATE ''Z.-/7-q, BY Db FE> /5 ~ :' -:)..: . _~ C'I"\O.O,'" .. . . .... ..' t::: R!:'MJ.P NEW NO v-' TAX MAP lESIGNATION l"t. 1000 ,eo. 008.00 ,Ik. 01. 00 at-'. J04, 02-2. ::t-- Il7~?\~ '1 '\j v) t . . 1'" '1; \'!r~I\' .luG., .' Form 8002"1-89-2UM-J\hf~l\in ltnd !:lalt. U\'cd, wllh CO\'t'llant against Gralltnr'f1 Acta-Individual or CorpuflHiun. lHilLc;lt, shed) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the q"" day of December, nineteen hundred and ninety-one BElWEEN JANSEN NOYES, JR., now residing at 299 Hollow Tree Ridge Road, Darien, Connecticut 06820 13313 party of the first part, and CHARLES E. M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER, his wife, both now residing at 2375 North 1050 East, Hartsville, Indiana 47244 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable considerati?n paid by the party of the second part, does hereby grant and release unto the party of the second part, the hens 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 K\.lt~ at Fishers Islarx'l, Town of Southold, County of Suffolk, state of New York, being I::x:>urded arx'l described as follows: BEl3INNTI1G at an iron pipe l=ated 2614.21 feet North of a point 3748.59 feet East of a monument marking the United states Coast arx'l Geodetic Survey Triangulation station "NIN" arx'l thence running North 61 degrees 05 minutes 00 seconds East 146.35 feet; thence North 67 degrees 45 minutes 00 seconds East 146.60 feet; thence North 83 degrees 30 minutes 48 seconds West 274.50 feet to an iron pipe; thence South 3 degrees 15 minutes 27 seconds East 157.54 feet to the point of BEl3INNTI1G. By accepting Uris deed, the party of the second part agrees that, up:m the recording of this deed, the above-described premises will merge with arx'l become a part of other premises of the party of the second part adjoining on the south and west, said other premises =nsisting of approximately 2.9 acres and .35 acres, respectively, arx'l having been acquired by the party of the second part by deed dated February 15, 1991 and recorded on July 30, 1991 in Liber 11307 page 024 and deed, dated October 31, 1991 and recorded on December 17, 1991. '!his deed is delivered in replacement of a certain deed to the same premises from the grantor herein to the predecessors in title of the grantee herein, dated July 9, 1980, which prior deed was never recorded. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abntting the above descrihed 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 prcmises herei" granted unto the party of the second part, the heirs or successora 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 a"y other purpose. The word "party" shaH 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: <"" $ REC~Vg.o 13913 ;;_,( REAL EST/m , \' ., DEe 17 1991 -. lRANSf"ER TAX SUFrOU( , rnmm !. .........,....---...-.,. ,.'-"","' ,f, f/ A ': 1...t""'/!);.~ .'-)~.' r " "of, " ,.), . 5'''~ "'t'.h~~ :\jlf-' Ofllt,'" :OUNTY l).. ;<(/Nr;:.. -~ , 5S: STATF Or: ~r:W .~y.. r:')'~''''''~v .-.-.,- 19 . before t'~ (n tl e 1 h 0' December p :rs JIl<J l,y (a:T,'~ Jar:;er. Noyes, Jr 19 91, before me On tLe <la- of pcrsmlally C Er,e tl I R knO\ 'n tl) b( Lie individual e {el:ut(:(l t1 e fcJre~ Jir,g instrument, t e ex(:uted d'~e same. described in and who and acknowledged that 0tA.Q&7'v -p 'Notary Public ~W;,\N p, rlSlIER ./'In(;1r'/ !'lI!'lic Sl;\tl' ()f !'r~\V York . "-"'1. ;'\(jIFI.rlT7282 CI':'j,ii,_',1 in r~ill)_~s Coupty Cnrntnis~;:Oll E",pircs tj/3"113 iT" TE OF IIEW YOIlK. COUNTY OF l)n the day of 19 , before me l,er ;onally ~ame 1) lOe known, who, being by me duly sworn, did depose and ,ay that he resides at No. i hat he is the (,f , the corporation described : n md which executed the foregoing instrument; that he . mows the seal of said corporation; that the seal affixed o said in ,trurnent is such corporate seal; that it was so iff xed by order of the board of directors of said corpora- .io1, and that he signed h name thereto by like order. }lilatgain lInll iPalt 1l9ttll \\'ITH COVENANT AGAINST GRANTOR'S ACTS TITLE No. -- -- JANSEN NOYES, JR. TO CHARLES E. M. RENTSCHLER and ~:UZANNE SNOWDEN RENTSCHLER DflIrib."tJ by ~ '!rICOR TITl.E GUARANTEE to me k:Ki\' IJ to t~~ th( II jr,i(Lal described in and Wel) executed ',h~ foregl)in~ :t", tLUilt'nt, and acknQwledged t'Ht "Ju:':'J~ed tile SUII 55: STATE OF NEW YORK. COUNTY OF ~, !.: 19 , before me On the day oi personally came the subscribing witness to the foregoing instrument, whom I am personally acquainted, who, being by me sworn, did depose and say that he resides at No. with duly 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. SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Ticor Title Guarantee Company RETURN BY MAIL TO: ---..-----~-..---.1 Stephen L. Ham, IT 1 l'1atthevls & Ham 45 Hampton Road Southampton, NY 11968 I I i , ! I _____~J Zip No. w V ;;: ~ o " z Q '" o v w '" ~ o w '" ::> '" 2 w V <( ~ '" '" :;: .... w > '" w '" w '" 2052 I') HI'S )..1.\l(1[\f) I :i.) : ,,<oj :J II \'i \ ,(' , 'I') \.II. ~\ L\ '.fl\'l " \h " ~~ " NYTT s'Ja,..}.o ~ H7-1( -.-....-- ~'" ""-,,." 'UI'f!'ll, C"UIl, ~ I ~~,00s AX MAP IGNATION 1000 008.00 01. 00 ,j, 004.200 -\ I ../ 11:JS,PLU47 . . Form 8002*1-89-20M-HltTl,;-fl.in IIl1d Salt' IJl'cd, with Covl;'nant against Gunt.or's Acts-IndivIdual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULO BE USED BY LAWYERS ONLY. THIS INDENTURE, made the .3/4':!- day of October , nineteen hundred and ninety-one BETWEEN RITA M. CUSHMAN, now residing at 5029 Roadrunner Road, Paradise Valley, Arizona 85253 :139,12 party of the lirst part, and CHARLES E.M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER, his wife, both now residing at 2375 North'1050 East, Hartsville, Indiana 47244 party 0 f the second part, WITNESSETH, that the party of the lirst part, in consideration of Ten Dollars and other valuable considerati~>n 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 illJtl\ii: at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at an iron pipe located 2614.21 feet North of a point which is 3748.59 feet East of a monument marking the United States Coast and Geodetic Survey Tri- angulation Station "NIN" and thence running South 61 degrees 05 minutes 00 seconds West 192.10 feet to an iron pipe; thence North 23 degrees 23 minutes 48 seconds West 13.22 feet to a drill hole; thence North 34 degrees 38 minutes 18 seconds East 289.32 feet to an iron pipe; thence South 3 degrees 15 minutes 27 seconds East 157.54 feet to the point of BEGINNING. By accepting this deed, the party of the second part agrees that, upon the recording of this deed, the above-described premises will merge with and become a part of other premises of the party of the second part adjoining on the east, said other premises consisting of approximately 2.9 acres and having been acquired by the party of the second part by deed, dated February 15. 1991 and recorded on July 30, 1991 in Liber 11307 page 024. SUBJECT TO the rights of Robert J. Miller, his heirs and assigns, to build maintain and use a driveway across the above described tract for all purposes for which a driveway is ordinarily used including the right to install utilities therein and the right to grant easements in connection with such utilities. REC~ $-- ilEAL ESTATE DEe 17 1991 " mNJSm~ TrIX Sl!!IOLl\ CUUf,]l Y ..-_ ....._.....-.-"..'h"='''''. R _u. TOGETHER with all right, title and interest, if any, of the party of the fIrst part in and to any streets and roads abntting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the lirst 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. . ' 1334~ _~:.t.,. AND the party of the lirst part covenants that the party of the lirst 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 lirst for the purpose of paying the cost of the improvement and will apply the same lirst to the payment of the cost of the improvement before using any part of the total of the same for any other purpcse. The word Hparty" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the lirst part has duly executed this deed the day and year fIrst above written. IN PRESENCE OF: ~ro... a... C..........L...... Rita M. Cushman ~1 ~I \' t'b ~i {-j Vl -,'9'A'9'1!:: <:'~ ~~'="'I",....'9':' VJ\'=' ~ ':''::'='/, October 19 9 L ,before me c:n -....=P -::> ~~ "- ,0 ":> On the J'/~day of personally carne '.iu M. Cushman to me known t,) be the individual executed the foregoing instrument, she executed i:he same. described in and who and acknowledged that , - --., , .--, );u~-,L ~~'J. 'Notary Fublic - .: ~ ~. '"h"'/f 7 (I. t. . STATE OF NEW YORK. COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. jSlItgain anb ~ale 1Deeb WITH COVENANT AGAINST GRANTOR'S ACTS TITLE No. RITA M. CUSHMAN TO CHARLES E.M. RENTSCHLER and SUZANNE SNOWDEN RENTSCHLER DiunbuwJ by . TICOR TITLE GUARANTEE o:;,TATI: 0-= NlEV )RK, COUNTY OF ~- $" On the day of personally came tfJ btforc me to me known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that , II 55: STATE OF NEW YORK. COUNTY OF 55: 19 before me On the day of personally came the subscribing witness to the foregoing instrument, whom I am personally acquainted, who, being by me sworn, did depose and say that he resides at No. with duly 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. SECTION BLOCK LOT 1000-008.00 01. 00 004.200 =xcn!)l TOWN Southold TAX BILI.TNG ADDRESS Recorded AI Request of Ticor Title Guarantee Company RETURN BY MAIL TO: Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Zip No. ~ u u: ~ o " z <; .. o III .. ~ o ~ .. ::I .. 2 ~ u '" .. .. .. :;: .... ~ > .. ~ .. ~ .. 2051 ,utHl(\'l 'nn I Jns iil :nmi' '\\n] Ib, liU Ll [!I LI TJO CEOCOO?'d I ., !;b- ..-' . ., ') ~J\,V>I r6 REC.OftDED oCT ~~~~'Olln II NYTT $4.00 ~Cl.\ \~ \ ~lf {~(.";;' <. ,...... ~ \. ~~., ,- '<:'''P~'' TAX MAP DESIGNATION D"I. 1000 s", 008.00 Blk, 01.00 Loll,), ':l 004.Clo.O , . :5uf)i-(cb 1... nr:-"ro~71 , :II +::-, oLD F '.,t'>,1. .... luuu h. 8','J3 6L.Dt Form 8002f11-B9-20M-llhrl,"nin nllt! Sail' U\'\'d, with Covt'lIaot &galnlt GrAul,nr', Acta-lndlvlull"j or Corporation. (a1nc;le ahed) ?1:>0rt CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the :l.,-\-\l"\ day of ~Q.(nbQ( nineteen hundred and ninety one BElWEEN ROBERT J. MILLER, now residing at 15 Farrell Road, Weston, Connecticut 06883 party of the first part, and RITA M. CUStrr~N, now residing at 5029 Roadrunner Road, Paradise Valley, Arizona 85253 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable considerati?n 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, lyingandbeingi:A}{~ at Fishers Island, Town of Southold,. County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at an iron pipe located 2614.21 feet North of a point which is 3748.59 feet East of a monument marking the United States Coast an Geodetic Survey Triangulation Station "NIN" and thence running South 61 degrees 05 minutes 00 seconds West 192.10 feet to an iron pipe; thence North 23 degrees 23 minutes 48 seconds West 13.22 feet to a drill hole; thence North 34 degrees 38 minutes 18 seconds East 289.32 feet to an iron pipe; thence South 3 degrees 15 minutes 27 seconds Ea 157.54 feet to the point of BEGINNING. SUBJECT. TO the rights of the grantor, his heirs and assigns, to buil, maintain and use a driveway across the above described tract for all purposes for which a driveway is ordinarily used including the right to install utilities therein and the right to grant easements in connection with such utilities. . , This deed is delivered in replacement of a certain deed to the same premises from the grantor to the grantee herein, dated April 1, 1980 which prior deed was never recorded. RECEIVED $ y-- REilL ESTATE ~,;..J 8"';33 Or,T 22 1991 TRANSI111 TAX ,';1>," SUrFOLl~~.,~" . COUNTY TOGETHER with all right, title and interest, if any, of the party of the rlrst part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and atl 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 Ule 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 [lrst 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 w'Ord "part.Y:' .shan be cOl1strued 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: ~ 0 W ~ ~\i n ! I . ., ",:. lLJJl L:J EDWMO P. ROMME 22 199\ Cl.Efll( c# 8lJFRlU( COUNTY . SOUTH OLD TOWN PLANNING BOARD ~ . , ;.~---L..._-r";' ;-t,r; ~"...,,: ~~ E...~;.:::J ~'\:--::Jf{:~r.':{3 ~"\i"'in C-;l>I~Et.;,.;o~';S .:~' .~j.\: ~5 :s:....,.:.n:.-:r;:.!'l R~A.!;- , SG'rr~~'.~!Y:'O~. ~~. ":t. 11968 ~16' ':~3' a..:.OO .t1I.LU> E. fo'.......O:-:l'lf\...S 1'tl'H~"N L. !1A..... == ,'!::~;',,<C,?:,:A ,,6 ~07"lO"V~' '--. ,.., . ~; J~.:!, 5 ;"1 r },,':-::.... L LJ.n.t.t.., TO: "J /J" t.i-;t.t ~ <r:.OP~ '.~ F.~X -4 ']f or- ((.~') ',? ,;;,.!.)'"' l)...- _~._~___._.~___.__'_.~_ ____ _.m__"'......~_.__._ ~Ho:rE ~ ~/ ."- I '-;"') ~ -- .-- -.... ;,':...1"') "T; , "1 ;, ~ _~_..__.~__......T- _..___~__._ fRCt1 : .~~=2FE:t: < ---~-------~..- -.' , .. .'~_.~_..~:...:!:.-.-- ~---_... FAX # -' 516) ........,-, ',~ .. . --..~._------------~. -~"..--<~-_._-, ,.~_._- PHONE l! (.516) ,w,,... '_~_ u ..,....., ;~ -., -~- IN Ci\8E -~-SSIc~-; '.L":: .).-', P:.I:~j\S S ')F' ;":'.:"..;-. .~.:q-:."';...r_ . ~ ~ "...... -~ - I . ''\<7,'::'~i',C''- 5,-, i"'~' iro_ ,......1.\,_....,' ; f { .., Cl\LI 00 ~@~ow~ _M_-, DEe - 6 1991 -' 2. g 3-1-~Oe::. W.j'"MEE~~ OF J:-'i:.GES ~ '-. ,?-. INCLUDING COVES. Sl-L2ET _..-.._~__~_.,.._' .# " I' ";;>._~.: L..~~~' -::::-1':': - . d ..' ( j . i:~i':' ._<:__t(:.L;,-'r4'~:;~. ,r J ,. \ ~ \.~....,~.i___.#.~ [...J '~r,.i 0.:1 "'! ~ w" i) L~" f,LS...,:.. I I :;,} ),u"f,~j L~-t~'..'(:,,,j; l-_~/ lA....:.,..<t,..~ 0-.... .;:~ i -..'t.,r-"t,.t."1"'.;j- ." J )-~''''-;-,-;,,~ ~''\,/';,~<--~ .~- :~r'=-"l._....t ~__ .f;..-. I -,--1,. " i" ,...,.....-;:-,--<'^'. .;..<-~ 0':; , 1.,- ;-.~,." - /"--<\.. '..-1.... ....f--'..r..~.I' '-""~ ......- , I I ~ ; , . "51-.e",,"-.. fto-u.. r(.~( ftth. ...'"- ; I ' it.:.l-7 f~-ii( 1'1' ? LI~~....~........ ~,....< j P- '-""_ /,ce 6:J.:J-t :;"'V_ ~.,-_....,.,;i',.~: '-ir-"""'" s+-,::,.""'" ~~ .......l:-'::.."'~n -, l'),atthetr" j~qn1; 4"'" ~ '" Hal"n' ~;~" ~~;~~~~~~: c; RO;~~ Dea;:" ;-iX' . ~:.i.3.m : Vo:i1'~ -. -~.:: \"i; f"'~ ... __,L ','1" "'"jo ~ '" t......~:t..t~l cha~ge. ,II." '>., ~ be ~e...' ...,."',,,,--", As~{):"'. - '-~--- _.,o.;.;;SOC's 1.,;;;,....:'; -.--'-,' I .o_,~<! T ... ~~ ~.-'"" ~ '- ~_,~-;,C - .~ -- ITT ,_~ --'Ea. ".'- ~ , -~, -:;: ,," -':'~ :~c(. , . -cl~"(; -:-," .).nnj ':S . <->,;.J(,J.rd ,..po: H": :J2'::2rnner- ~~~_~~-~f~C -')f ~;G l;Ll;P~,:L~~.~;;;:;~~'~ ~i1f~~.l :>l.1:"o~____~_ ., ~ -:: .' ~\ -: - -,';; ,;. '-;:.)K.; -~ c '~-;,)~. __0 .,<(:<'>,;;,' ..,,~, I ~..... ~ .--.-.>:':; -'-:) ..- -.~ ,j;. ''") 1991 ,';.,; , -..- .;,,\,;:; ~:''':.3 l:n , :('~'.,i.~ r~t c, .~~,~., _ ,..: __;1;)1 "CO ~:, -.,i. ' ~ -~~;;~.~~~: ...'-\..1-... _'" ... e, 't 1 i~"jja ,--=-, . F-" . . .L-'-'__;"_:; '.::lJpl.';.c-".';. . ) .~, C; ....,l o ,c' ~.'_'C- ()l;-c,(;;O, -; -' -;;;. '!.~ -" ..~ 0,.. ~.J ,":1',..:: -~, ...;' '.',' ".;1 ,-",.;,~ Vf;..~Y' . -1 'C~u.]_y YC'..i.~:S -0._' ...>t:onnf~ T~ t Chai':'';;a' _.... ~l\ r. C.r] '-j' r'-~ ' ~,. ~ ~:-c.~ ~l~ I; ~ \ 'l1 ~ ~\ \~ ~ "\~ \\'0 '1,01l1\\O\.\lW1lll V\.~llll\llG\l()~\\\l '.-t 2 =<:1 ;':he Jr. 1.:',) 'Ta.x . .,', ,'." . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 August 27, 1991 Robert J. Miller Day, Berry & Howard One Canterbury Green Stamford, Connecticut 06901 Re: Transfer of .35 acre parcel (SCTM # 1000-8-1-4.20) from Miller to Cushman Fisher~ Island, N.Y. Dear Mr. Miller: This is in response to your letter to Kenneth Edwards, dated August 6, 1991. The situation described in the letter was reviewed with Valerie Scopaz, Town Planner. The ~lanning Board concurs with Ms. Scopaz's recommendation that you simply file the deed for the subject lot with the Suffolk County Clerk's office. It would be appreciated if you would arrange for two copies of the filed deed to be sent; one to this office and the other to the Tax Assessor's office. I hope this letter addresses all the concerns set forth in your August 6th letter. If further questions should arise, please contact Ms. Scopaz. Very truly yours, '~~~/l:. Bennett Orlowski, Jr. ;rv~ Chairman cc: Stephen L. Ham, III, Esq. .. " . . .:xli~;/::-'!..t. 1'6 1/$ '" Counsellors a t La w Stamford, Hartford and Boston One Canterbury Green Stamford Connectlcut 06901 Telephone (203) 977-7300 Facsimile (203) 977-7301 Thlex 990686 DAY, BERRY & HOWARD Robert J. Miller 977-7327 August 6, 1991 Mr. Kenneth Edwards Fishers Island, NY 06390 Dear Ken: You may recall that some time ago we briefly discussed the fact that in 1980 I conveyed a small ,( .35 acre) parcel of land to Rita Cushman in exchange for a right of way for a driveway and utilities over the Cushman property from the existing driveway to a building lot we own on the south shore of Middle Farms Pond. For unknown reason the deed does not show up on the land records, and Mrs. Cushman cannot locate the original. The Cushmans have asked that I execute a new deed so that the land records will re'flect their ownership of the .35 acre parcel. I am willing to do so if I can without violating town or county requirements for a lot line change or anything else that might impair my title or relations with the authorities. In this connection, I enclose a letter to me from Steve Ham dated July 26, 1991 in which, in the second paragraph, he notes the opinion of Ms. Scopaz of the Planning Board staff to the effect that I can execute the replacement deed without any further formalities. I would note that when our property was subdivided in the mid-1980's the subdivision excluded the .35 acre parcel and reflected the rights of way which we retained over it and which we were granted over the Cushman parcel. The subdivision was, of course, perfected with the Planning Board and Heath Department. I understand that the FIDCO Map that has or will shortly be filed as or in lieu of a subdivision for the entire east end of the Island reflects our subdivision as approved - including the fact that the .35 acre parcel was not part of land subject to the subdivision. . .' DAY, BERRY & HOWARD Mr. Kenneth Edwards August 6, 1991 Page 2 I would appreciate your providing confirmation on behalf of the Planning Board that I can execute the duplicate deed without further formalities because the conveyance has in effect been "blessed" as part of the subdivision process. I appreciate your help, and look forward to hearing from you. Best regards. Sincerely, [?~ Robert'J. Miller RJM/cmb Enclosure cc: Stephen L. Ham. III, Esq. ., ' ~ . MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, N. Y. 11968 PHILIP B. MATTHEWS STEPHEN L.HAM.na 516-263-2400 TELECOPIER 516 287-1076 July 26, 1991 Robert J. Miller, Esq. Day, Berry & Howard One Canterbury Green Stamford, CT 06901 Re: Transfer of .35-acre parcel to Rita M. Cushman Dear Bob: As you know, last winter I confirmed that the deed you executed in 1980 transferring a .35-acre parcel between your property and that of the Cushmans had never been recorded with the Office of the Suffolk County Clerk. At the time, you asked me to inquire of the Town of Southold Planning Board as to whether we could merely record a new deed or would be required to apply for a lot line change in order to put the deed on the record. Last week, I met with Valerie scopaz of the Planning Board staff (with whom I had also discussed the situation in February). She is familiar with your minor subdivision and the minor subdivision and lot line change made by the Cushmans. It is her opinion that, since your minor subdivision does not show this parcel in your ownership and it bears its own tax map number, we may now simply record a new deed. Nothing further need be done with regard to real estate taxes for this piece since it has been assessed to Mrs. Cushman for quite some time and she continues to pay taxes on it. Based upon the foregoing, I have prepared and enclosed a replacem~mt deed to Mrs. Cushman for this parcel. Also enclosed 1S a combined Real Property Transfer Gains Tax Affidavit/Real Estate Transfer Tax Return/credit Line Mortgage certificate and a copy of the first page of the 1980 deed which I obtained from the Assessor I s Office. Please sign the deed and the combined form before a notary public who should complete the notarial forms and indicate the date his commission expires. continued Robert J. Miller, Esq. Page 2 July 26, 1991 (Please use a' notary who has an expiration date for his commission rather than a Connecticut attorney who I understand can take acknowledgments and oaths but who would not ordinarily have an expiration date for his commission. Without an expiration date, the deed would likely be rejected for recording.) No witnesses are required in New York. Finally, I would appreciate it if you would check your records to determine the consideration agreed upon for the exchange of this parcel for the right of way. I will need to put some nominal consideration on the combined form and compute a transfer tax. The instrument by which you acquired the right of way should reflect the transfer tax paid in the upper left corner of the first page. From that figure, I can determine the total consideration and complete the combined fo~. If you have any questions or comments, please do not hesitate to give me a call. Sincerely, ~tL~ Stephen L. Ham, III SLH:ja Enclosures .,~. . . ". I DAY, BERRY BE HOWARD One Canterbury Green Stamford Connectlcut 06901 Thlephone (203) 977-7300 Facsimile (203) 977-7301 Thlex 990686 Counsellors at Law Stamford. Hartford and Boston Roben J. Miller 977-7327 July 31, 1991 Stephen L. Ham, Matthews & Ham 45 Hampton Road Southampton, NY III, Esq. 11968 Re: Transfer of .35-acre Parcel to Rita M. Cushman Dear Steve: Thanks for your letter of July 26 enclosing the proposed deed from me to Rita Cushman. ,I have no problem proceeding as you suggest subject to the following: 1. While I am comforted by the opinion of Ms. Scopaz of the planning Board staff, I would like to be sure that the Board agrees that proceeding as you have suggested will not cause me title problems. Therefore, I am sending a copy of your letter to Ken Edwards with a request that he write me a note on behalf of the Planning Board confirming that no damage will be done by signing the replacement deed. 2. As we discussed, I granted this parcel to Rita in exchange for a right of way she granted to me over property of hers connecting this parcel to the existing driveway. The indenture conveying that parcel dated March 21, 1980, a copy of which is attached, granted an easement to use the premises "for all purposes for which a driveway is ordinarily used including the right to install utilities therein and the right to grant easements in connection with such utilities." Since the rights reserved over the .35- acre parcel were obviously intended to match those granted ~ me under the March 21, 1980 indenture, I will modify your proposed deed to include reference to utility access and easements. .- 3. Related to paragraph 2, you asked about the consideration for the exchange. The indenture for the right of way, like the deed for the .35-acre parcel, refers to "ten dollars ($10.00) and other value." You will note from the enclosed copy of the original indenture bearing recording data that zero consideration was recited for the DAY, BERRY 8r HOWARD Stephen L. Ham, III, Esq. July 31, 1991 Page 2 transfer tax. I would suggest that you use $10 as the figure. As you know, it is my understanding that all costs and fees in connection with this transaction will be borne by Rita or her assigns. Sincerely, 1J~ Robert J. Miller RJM/cfk \. & DAY, BERRY BE HOWARD One Canterbury Green Stamford Connecticut 06901 'Thlephone (203) 977-7300 Facsimile (203) 977-7301 'Thlex 990686 Counsellors ar Law Stamford, Hartford and Bosron Robert J. Miller 977-7327 July 3D, 1991 Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Dear Steve: Pursuant to our phone conversation of this afternoon, I enclose correspondence to and from Allerton Cushman in 1979 and 1980 which indicates that Mr. Noyes conveyed a parcel of land to Mrs. Cushman which abutted the small triangular strip which is the subject of my other letter to you today. According to my letter to Cush dated August 1, 1~80, the deed.from Noyes to Mrs. Cushman was dated July 9, 1980. We will apparently never know why these original deeds were not recorded or what Mr. Cushman did with the originals, but I reiterate that it seems important for the Cushmans/Renschlers to attempt to document the Noyes conveyance. Noyes'S access to a high potential building lot immediately adjacent to the CUShman/Renschler dwelling would have to run across a very narrow strip of land abutting the western end of the Treasure Pond wetland. The success of efforts by Mr. Noyes or his successors to develop this potential site under current environmental regulations might well depend on his ability to use for access the parcel apparently conveyed to Mrs. Cushman in 1980. With regards. Sincerely, " .... pr- Robert J. Miller - - RJM/cfk Enclosure ~ 6Q) \.~ (,'0i"" . /flAY 19 1. I... DAY; BERRY & HOWARD Three Landmark Square Stamford ConneCtlcllt 06901-2599 Telephone (203) 348-3840 Telex 99324 Counsellors at Law Stamford. Hartford and Boston Robert J Miller May 15, 1986 Southhold Town Planning Board Southhold, New York 11971 Attn: Ms. Diane Schultze RE: Miller Subdivision - Fishers Island Dear Diane: Pursuant to our phone conversation of today, I enclose a photocopy of the Declaration of Covenants and Restrictions which I executed today. The Declaration incorporates the suggestions of Mr. Tasker, and a metes and bounds description of the three designated parcels and the conservation area is attached to the Declaration. I understand you will confirm that Mr. Tasker finds the Declaration acceptable. Upon hearing from you to that effect, I will file the Declaration with the County Clerk, and will notify you when it has been filed. I understand that the minor subdivision will then be complete. If my understanding is not correct in any way, I would appreciate it if you would call me. Thank you, as always, for your help. Sincerely, !fl~ Robert J. Miller RJM/cls Enclosure cc: Mr. Kenneth Edwards . . JUL 1 0 199& ROBERT W. TASKER Town Attorney ORNEY D TELEPHONE (516) 477-1400 425 MAIN STREET. P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 July 9, 1986 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Four Lot Minor Subdivision Robert J. Miller - Fishers Island Dear Mr. Orlowski: In response to you letter of May 23, .1986 relative to the above subdivision, I have reviewed the amended Covenants and Restrictions and all of the questions raised in my March 17, 1986 letter have been corrected and, accordingly, I approve of the amended Declaration of Covenants and Restrictions. Yours very truly, ~~~ ROBERT W. TASKER RWT :aa 6~~1'~ -?L. . . T Southo1d, N.Y. 11971 (516) 765-1938 July 10, 1986 George Brown Day, Berry & Howard Three Landmark Square Stamford Connecticut 06901-2599 Dear Mr. Brown: Please find enclosed the letter from Mr. Robert Tasker concerning the Robert J. Miller minor subdivision. Very truly yours, .~~. CJ~'~fi, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD -7>\A J By Diane M. Schyltze, Secretary . . Southold. N.Y. 11971 (516) 765-1938 May 23, 1986 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Robert J. Miller Dear Mr. Tasker: Enclosed is a copy of a declaration of covenants and restrictions for the above mentioned subdivision at Fishers Island. Mr.Miller has revised the declaration in accordance with your request. Would you please review this and advise us if it is in order for filing with the County Clerk. Please contact this office if you have any questions. Very truly yours, ~~OW2;~I~~ SOUTHOLD TOWN PLANNING BOARD -"'""-.; , enc. By Diane M. Schultze, Secretary . . ~ ~~ 1~86 DAY; BERRY & HOWARD T1Hl?8 Landmark Square Sta mford ConnectJcut 06901-2599 Telephone (203) 348-3840 Tel"x 99324 CounselJors at Law Stamford. Hartford and Boston George Browne September 19, 1986 Southold TcMl Planning Board Main Road Southold, New York 11971 Attention: Ms. Diane M. Schultze, Secretary Re: Minor SuJ:division Robert J. Miller - Fishers Island Dear Ms. Schultze: In connection with the captioned matter, we enclose a certified copy of the recorded Declaration of Covenants and Restrictions per your request. Should you need any further documentation, please let us knav. We thank you for your cooperation and assistance. ly yo~ GB:ks enclosure cc: Robert J. Miller, Esq. (,/{t)\.~c:,\1;Vi .,<A 0 \r:;-- , , --- IlSf THIS A/NBILl FOR DOMESTIC SHIPMENTS WITHIN THE CONTINENTAL U.S.A.. ALASKA AND HAWJI/l. eOMP!ETE PURPLE ABUS. FOR ASSISTANCE. CALl 800-238-5355. TOll FREE. SEE BACK OF FORM SET FOR COMPLETE PREPARATION INSTRUCTIONS. I~NDffi~~DE~L~AA~SACCOUNTNUM~R I I~n ...., 9/19/86 bl rom (Your Name) ~: L IiI6 "wwu. Company YourPhon~NUrTlb8rN"rylmportan') RecipienfsPhone Numbeo'NeryImporlanl) Schultze DepanmentlFloorNo y SOUthold 'l'oIm P'1InYrl FV Department/Floor No "'- . I LAY bU<.i<,V ~ ri"..4RL StreelAddres5 1 LAhu~~H^ ~~\J~K City , r C'_ ('(IF'') AIRBlLL No,I~lj 5"3111. State Exact Street Address IUu flf "-D. IIlx" or I'.D. ~ Zip C6dII$ WIN ON, o.Ilrtrr A.".",,;" Elf'" Cbrp.) Main a:.l C;, So1t:hDld lIff" ~I r ~-', \... ZIP C"llip Code Required For Correct Invoicing ZlpStreet Address Zip Required (/Ill UI. "'" ~ 1. ~J 11171 YOUR BILL/Nil REfEREIfCE IIIFG.MArlDN (FIRST 24 CHARACTERS WILL APPEAR ON INVOICE.) L HOlD FOR I'Icr.U,. AT THIS FEOERAI EX'RESS STATION: Stroot Address (See Service Guide or Call BOO-238-5355) 6mShipper DCash D ~::j~~~:1~:edbACC1.NO'D ~~i~~~a:I~:,bAGctNo 0 ~::~rrn:~~~ City Sta~ , Federal Express Use RaseCh<lrges f ! , ~ I I Declared Vallie Charge :- , . FedExAcct. No,Of MajOf Credil Card No I I SERrlCES CHECK ONLY ONE BOX O PRIDRITT I VERIIIBIIT 1 Overnight DelIvery 6 LETTER UomgYourPackag"9 IOu'PocIo:oogInllll1'<12' OVER.~T DELIVERY USI.' OUR NCKAS'NS 2 D ~2~.~ri~::~k Overnight Envelope 3D~,~~~~x3" AD 40 ~if},:u6T.~~, 80 OELlVERY AND SPECIAL HANDLING CHECK SERrlCES REI/UISED NC"UES IfEIfJHT TllURIlECtA"EII,)V[;f VAlUE ~ II Z'I'@ZipCodeofStreetAddressRequired , Oriqir Agenl Charge 1 D :';:SS~R::~~~a~,~a~~~~;;press ....H.rlfbl. ~DElIrE;"IR'EKDAyf",j~ 3D IJEUfERSATUROAY I~"rach.rge.ppl.....) __.: Emp.No o Cash Received o ReIU,nShipm&nt o Third Party SlreelAddress D.~ OChgTODeI OChg,TOHc>d Other RESTRICTED ARTICLES SEBrlCE (P_t and Total S.ndardAirPacllages""~,E'lnIchargeappli"") 5 0 CO"STANT SURrEIHA, NeE SEBrICE (CSS] 1'-' , '" --, , STANDARD AIR (Exlra chllfge applies) ,eq"vp," " DOer I 1h 0 I -ShlfJper"sI)O(r 5 secr:;:,d~n:d:; 6 DRYICE ~ Lbs_ HerJul.lrSlop SERVICE COMMITMENT 70 DTHER SPECIAL SERrlCE ~I ......,..~=~?~(;~';JII ':;tor _ _ I Received By PAlOF1lTY'.DeNvervioocl>e<luOod..",n..t""""...mornlng 0 :",",:~~,=~:.,::~:::..~,;:~;:=;__o.YOirtt>e 8 I FpdHaJ-t.pn'j~,()p flTplov' 'oj X :;:":=d.,,:~::~~n"'~r~~":."~:~': 9 D SATURDAY PICK 1.11 OR 5A1UR1W DROP (If! I :, C::t y 6 (J') ~~(~;1 138901 doya~""_"OUlO'dOO\J'onm."I"""';C8""" IF,""d "q~"ll' I _ ~_~._ Date/TimeReceived FedExEmployeeNumber rCC-S-751-1O()() __ _~ ~ __ ___ _______ ___ _(jJ~e')r/~!;~_ __ ________. :~.;~~I~~~);~:G~__ 4 Total 0'" City Stale Zip TotalUldrges , < T I . Southold. N.Y. 11971 (516) 765-1938 September 26, 1986 Mr. Robert J. Miller Day Berry and Howard Three Landmark Squre Stamford, CT 06901-2599 Re: Minor subdivision for Robert J. Miller Dear Mr. Miller: Enclosed is a survey of the above mentioned approved subdivision, which has been endorsed by the Chairman. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ~I?t.~ By Diane M. Schultze, Secretary enc. . e " ~ " MAR '1 7.9RS DECLARATION OF COVENANTS AND RESTRICTIONS WHEREAS, ROBERT J. MILLER, of the Town of Weston, County of Fairfield, and State of Connecticut ("Miller") is the owner of those four certain pieces or parcels of land located at Fishers Island in the Town of Southold, County of Suffolk, and State of New York, and being more particularly shown and three of these parcels designated as Lots Nos. 1, 2, and 3 wi th the fourth parcel being undesignated and being 5.60 acres, more or less, on a certain map or plan entitled, "Minor Subdivision Plan Made For Robert J. Miller Property at Fishers Island, New York Scale: 1" = 100' ft. Chandler, Palmer & King Norwich, Connecticut March 23, 1984 Additions Nov. 5, 1984 Additions Dec. 5, 1984 Additions 12/26/84. Richard H. Strouse Licensed Land Surveyor" which map or plan is or will be filed in the Suffolk Registry of Deeds, reference to which is hereby made; and WHEREAS, Miller desires to subject said parcels to certain covenants and restrictions between himself and all future owners of said parcels as hereinafter set forth; NOW, THEREFORE, Miller does declare that said parcels are held and shall be held subject to the covenants and restrictions set forth in the various paragraphs of this Declaration, to wit: 1. Lots Nos. 1, 2, and 3 shall not be subdivided, and the lot lines of these Lots shall not be changed in any manner at any future date unless the same is authorized by the Southold Town '\',. . e - 2 - Planning Board. 2. No residential shall be constructed or structure or sanitary disposal otherwise located within one facility hundred (100) feet of the edge of the shoreline of Middle Farms Pond. 3. The undesignated parcel on said map or plan being 5.60 acres more or less, shall be restricted against future develop- ment and/or subdivision as is set forth in a conservation ease- ment from Robert J. Miller dated December 29, 1983 and which is recorded in the Suffolk Registry of Deeds in Liber 9633 at Page 364, and, in addition thereto, and except as is provided in this Declaration, it is agreed that the real estate taxes for said undesignated parcel shall be divided equally between Lots Nos. 1, 2, and 3, and the owners of these lots shall be each responsible for the payment of one third of these taxes. However, in the event that Miller conveys said undesignated parcel or any portion thereof to the owner or owners of said Lots Nos. 1, 2, or 3, he shall obligate said owner or owners with a corresponding respon- sibility in the manner set forth in this Declaration for the payment of the taxes on said undesignated parcel in the deed of conveyance, and the other owner or owners of said Lots Nos. 1, 2, or 3 shall have their responsibility for these taxes diminished or deleted, as the case may be. In the event of any failure in the payment of these real estate taxes, the Town of Southo1d shall have the right to place tax liens upon Lots Nos. 1, 2, or 3, as the case may be, and to foreclose the same to enforce their collection of these taxes. The owners of said Lots Nos. 1, 2, . e - 3 - and 3, who are responsible for the payment of the real estate taxes on the undesignated parcel, by unanimous agreement may change the obligations for these taxes among themselves. 4. No storM water runoff resulting from the development of the subdivision or any of the lots therein shall be discharged directly into any of the adjacent bodies of water. 5. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house and incidental improvements in connection with the house with the intent of preserving as much of the natural vegetation of the site as is possible. In addition thereto, the clearing and grading will be limited so as to minimize storm water runoff and erosion. 6. These covenants and restrictions are to run with the land and be binding on Miller and all persons claiming under him until April 1, 2011, except as to the conservation easement set forth above which shall run in perpetuity, at which time these covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless by vote of a majority of the then owners of Lots Nos. I, 2, and 3 as shown on said map (the owner or owners of each of said lots shall be entitled to one vote) it is agreed to change or modify these covenants and restrictions in whole or in part. 7. Invalidation of anyone of these covenants by judgment or court order shall not affect any of the other provisions . e - 4 - which shall remain in full force and effect. IN WITNESS WHEREOF, the said ROBERT J. MILLER has hereunto set his hand and seal this day of , 1986. Signed, Sealed, and Delivered in the Presence of: (L. S. ) ROBERT J. MILLER STATE OF CONNECTICUT ss: Stamford , 1986 COUNTY OF FAIRFIELD Personally appeared, ROBERT J. MILLER, signer and sealer of the foregoing instrument and acknowledged the same to be his free act and deed before me. NOTARY PUBLIC Mil) h., {~j ,;' ..... ~ 1984 DAY; BERRY & HOWARD Three Landmark Square Stamford Connecticut 06901-2599 Telephone (203) 348-3840 Telex 99324 Counsellors a t La w Stamford, Hartford and Boston March 13, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: This letter is offered to provide supplemental facts concerning my application for approval of a minor subdivision on Fishers Island. As noted on the sketch plan, the 14.2 acre property was acquired by three separate conveyances in 1977, 1978, and 1979. Under the proposed subdivision, the dimensions of lot 1, acquired in 1977, remain unchanged, and I was unclear as to whether this 2.87 acre lot is required to be included in the subdivision. Of the remaining 11.33 acres, we wish to comply with a request of the Henry L. Ferguson Museum to dedicate roughly 5.6 acres to a nature sanctuary by a perpetual conservation easement, and to confirm that two legal building sites remain (lots 2 and 3). Lots 2 and 3 and the conservation property were acquired from Jansen Noyes, Jr. in 1978 and 1979. Mr. Noyes acquired these properties from Fishers Island Development Corporation (the "Corporation"). No restrictions in the chain of title bear on the proposed subdivision except a .provision in the deed from the Corporation to Mr. Noyes dated January 30, 1978, as corrected, which provides that no residence may be erected on any lot that consists of less than two acres of the premises. A copy of this deed is attached. Lots 2 and 3 are over two acres in area. with respect to access, an existing private road serves lots 1 and 3, and this road will connect to lot 2 by an existing right of way over property owned by Cushman. No additional buildable property is served by this road south of lot 1 except our property. All adjoining property either has access by other routes or is committed to conservation purposes. M" '---,'.--u t . DAY, BERRY & HOWARD southold Town Planning Board March 13, 1984 Page 2 with respect to utilities, underground telephone and electric service is in place with respect to lots 1 and 3, and is readily accessable from Lot 2. with respect to sanitary and ecological considerations, all three lots are well above flood plain, and the building sites on each enjoy elevations of over 20 feet. Lot 1, which has more water frontage relative to its area and lower elevation than lots 2 and 3, has been examined by the Department of Environmental Conservation, and building permit No. FW 15279- 0109 for construction of a seasonal dwelling and septic system on lot 1 was issued by permit administrator Daniel J. Larkin on March 1, 1977. our building plans changed and the permit expired, but it is good evidence of the suitability of the lot since conditions in the area remain unchanged. Please let me know if I can provide any further information. Your prompt and favorable consideration of this application would be greatly appreciated. Sincerely yours, .~ ROb~iller RJM: 1m . Southold. N.Y. 11971 (516) 765-1938 April 15, 1986 Mr. Robert J.Miller Attorney at Law Day, Berry, and Howard Three Landmark Square Stamford, Connecticut 06901 Re: Minor subdivision for Robert J. Miller Dear Mr. Miller: The following action was taken by the Southold Town Planning Board, Monday, April 14, 1986. RESOLVED that the Southold Town Planning Board grant a 90-day extension for the completion of the conditions of the final approval for the minor subdivision of Robert J. Miller located at Fishers Island. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~rvuJ:;L cDrLcw~LL)~~1VV' BENNETT ORLOWSKI, JR., CHAIRMAN SOUTH OLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary ROBERT W. TASKER Town Attorney MAtJ. 9 1986 TELEPHONE (516) 477-1400 425 MAIN STREET. P.O. BOX 697 GREENPORT,L.I., NEW YORK Il944 March 17, 1986 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Four Lot Minor Subdivision Robert J. Miller - Fishers Island Dear Mr. 0 rlowski : In accordance with your letter of March 10, 1986, I have reviewed the proposed Declaration of Covenants and Restrictions relative to the above subdivision and have the following comments with respect thereto: 1. The first paragraph of the first page should be amended as noted to provide that the map will be filed in the office of the Planning Board of the Town of Southold rather than filed in the County Clerk's Office. The reason for this is that the minor subdivision map does not comply with all of the requirements of Section 335 of the New York Real Property Law and, therefore, does not qualify for filing in the County Clerk's Office. 2. A minor change is noted in paragraph 3 to provide that the deed referred to is recorded in the County Clerk's Office and not in the Registry of Deeds. Also, in paragraph 3 of the Declaration, the language is changed as noted with respect to all liens. 3. In paragraph 6 of the Declaration, I have deleted those provIsions which provide for the termination of the Covenant and Restrictions in the year 2011 and the automatic extension thereof if approved by a majority of the lot owners. In place thereof I have provided that the covenants and restrictions will remain in in effect in perpetuity. As you know, all of the covenants in the past requi red that such covenants remain in effect in perpetuity. 4. I have noted a new paragraph at the end of the declaration which provides that a description of the premises affected by the declaration be attached as Schedule A. Since the declaration is to be recorded in the Suffolk County Clerk's Office, a description of the premises CT10Y 3-/'1-86 . . -2- affected by it must be set forth in the declaration as well as the tax map designation. Otherwise, the County Clerk will refuse to record the decla ration. I am enclosing herewith a copy of the declaration which you have sent me whereon I have noted the changes set forth above. I am sending a copy of this letter to Mr. Miller as well as a copy of the declaration with the changes thereon in order that he may prepare a new declaration consistent with the views expressed herein. Yours very truly, ~C~~. ROBERT W. TASKER RWT:aa enc. ., . . . ... MAR 11 ZQR6 DECLARATION OF COVENANTS AND RESTRICTIONS WHEREAS, ROBERT J. MILLER, of the Town of Weston, County of Fairfield, and State of Connecticut ("Miller") is the owner of those four certain pieces or parcels of land located at Fishers Island in the Town of Southold, County of Suffolk, and State of New York, and being more particularly shown and three of these parcels designated as Lots Nos. 1, 2, and 3 with the fourth parcel being undesignated and being 5.60 acres, more or less, on a certain map or plan entitled, "Minor Subdivision Plan Made For Robert J. Miller Property at Fishers Island, New York Scale: 1" = 100' ft. Chandler, Palmer & King Norwich, Connecticut March 23, 1984 Additions Nov. 5,1984 Additions Dec. 5,1984 Additions 12/26/84, Richard H. Strouse Licensed Lan.d survey..or" Whi~.. /. , ,./ ~-,/- , ~l /. t'/'., eq.'I'.t<.Ut<' /' . P the h.,.)Rce,l::J 0 , '" map or plan is or. yilL-~#iled in ,?Qf r~ "i.~ ^ ~ference to w~ich is hereby made; WHEREAS, Miller desires to subject said parcels to certain and covenants and restrictions between himself and all future owners of said parcels as hereinafter set forth; NOW, THEREFORE, Miller does declare that said parcels are held and shall be held subject to the covenants and restrictions set forth in the various paragraphs of this Declaration, to wit: 1. Lots Nos. 1, 2, and 3 shall not be subdivided, and the lot lines of these Lots shall not be changed in any manner at any future date unless the same is authorized by the Southold Town * . . - 2 - Planning Board. 2. No residential structure or sanitary disposal facility shall be constructed or otherwise located within one hundred (100) feet of the edge of the shoreline of Middle Farms Pond. 3. The undesignated parcel on said map or plan being 5.60 acres more or less, shall be restricted against future develop- ment and/or subdivision as is set forth in a conservation ease- ment from Robert J. Hiller dated December 29, 1983 and which is ~~ o/ty-,r #1 c;k.eeR., recorded in the Suffolkc!egistry of Deedv in Liber 963~1 at Page 364, and, in addition thereto, and except as is provided in this Declaration, it is agreed that the real estate taxes for said undesignated parcel shall be divided equally between Lots Nos. 1, 2, and 3, and the owners of these lots shall be each responsible for the payment of one third of these taxes. However, in the event that Miller conveys said undesignated parcel or any portion thereof to the owner or owners of said Lots !los. 1, 2, or 3, he shall ohligate said owner or owners with a corresponding respon- sibility in the manner set forth in this Declaration for the payment of the taxes on said undesignated parcel in the deed of conveyance, and the other owner or owners of said Lots Nos. 1, 2, or 3 shall have their responsibility for these taxes diminished In the event of any failure in ( /.J~ 4.-IaL-f the payment of these real estate taxes, the Town of Southold I~ a, ~ ~ shall have the right to place tax lien, upon Lots Nos. 1, 2, or 3, as the case may be.~nd to foreclose the same to enforce their collection of these taxes) The owners of said Lots Nos. 1, 2, or deleted, as the case may be. . . - 3 - and 3, who are responsible for the payment of the real estate taxes on the undesignated parcel, by unanimous agreement may change the obligations for these taxes among themselves. 4. No storn water runoff resulting from the development of the subdivision or any of the lots therein shall be discharged directly into any of the adjacent bodies of water. 5. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house and incidental improvements in connection with the house with the intent of preserving as much of the natural vegetation of the site as is possible. In addition thereto, the clearing and grading will be limited so as to minimize storm water runoff and erosion. 6. These covenants and restrictions are to run with the land and be binding on Miller and all persons claiming under him (until April 1, 2011, except as to the conservation easement set forth above which shall ru:;) in perpetuity~<:t which time these covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless by vote of a majority of the then owners of Lots Nos. I, 2, and 3 as shown on said map (the owner or owners of each of said lots shall be entitled to one vote) it is agreed to change or modify these covenants and restrictions in whole or in part) 7. Invalidation of anyone of these covenants by judgment or court order shall not affect any of the other provisions . . . . - 4 - which shall remain in full force and effect. 7f- IN WITNESS WHEREOF, the said ROBERT J. MILLER has hereunto set his hand and seal this day of , 1986. Signed, Sealed, and Delivered in the Presence of: (L. S. ) ROBERT J. MILLER STATE OF CONNECTICUT ss: Stamford , 1986 COUNTY OF FAIRFIELD Personally appeared, ROBERT J. MILLER, signer and sealer of the foregoing instrument and acknowledged the same to be his free act and deed before me. NOTARY PUBLIC ~ 2,.4 ~~ ~,~ .",:;......, '71'/. ,A ..~,: ? 'I /- -7 ,,'--C- c.~..c.Z4..~, Q~ &~c:::t.-TL.v. Q ..",.IF ~ ' . ~ ' ,,' ....,)'-oJ ?yo. ~u-...//o~~~ ...,.. ~ r; a.~...,('~/ ~ /) ~et..<:le. o-rtJ ~" -, ...:.... C...~.-.( .--n~ ~./ /? r''-' . _ .~_/ ~ d~""f1 ~/I~,J>,cf Z:<~,? ~ - -C L_~' a ~ , -+' .r<1..p..e,..c~ .d~ '( ev-~tr<Ur/ />-4?'fV'- a.e7'".;......,/ ~J . . Southold. N. Y. 11971 (516) 765-1938 March 10, 1986 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Robert J. Miller Dear Mr. Tasker: Enclosed please find a copy of covenants and restrictions for the above mentioned subdivision. Also, enclosed is a copy of the subdivision map and the Board's resolution reguesting the covenants and restrictions. Would you please review the covenants and restrictions and advise us if they are in order for filing. Thank you for your assistance in this matter. Very truly yours, ~ OrWW-D~ C}-v-oL.vv BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. -as -tv QFor3\ \'tep . MAR'/, 198' Counsejjors ,)1 Law Stamford, Hartford and Boston Three Landmark Square Stamford Connecticut. 06901"2599 Telephone (203) 348-3840 Telex 99324 DAY; BERRY & HOWARD Hobert. ,I MJllcr March 4, 1986 Southhold Town Planning Board Town Hall Southhold, New York 11971 Attention: Diane Schultze, Secretary Dear Diane: Pursuant to your recent suggestion, I enclose herewith a draft Declaration of Covenants and Restrictions which I believe incorporates all of the conditions to the Board's approval of my minor subdivision on Fishers Island. I would very much appreciate it if you would ask the town attorney review the proposed Declaration and let me have any desired changes before it is executed and recorded. To the extent that this may require an extension of the time necessary to complete the subdivision, I would be grateful if you would ask the Board to consider this letter an application for such an extension, and let me know of its action. I believe that the only thing that needs to be done to complete the subdivision is to incorporate any suggestions the town attorney may have and to record the Declaration on the land records, but if this is not correct, please let me know. Thank you for your continuing courtesy and help. Since;;;~ Robert J. Miller RJM/c Is ~3'1-~ . . MAY 2 2 IgS'S DAY; BERRY & HOWARD Three Landmark Square Stamford ConnectIcut 06901.-2599 Telephone (203) 318-3810 Telex 99324 Coum..;elJors at Law Stamford. HarLford and Boston ::\JbFl J r/Il:1er May 14, 1985 Planning Board Town of Southold Suffolk County Southold, New York 11971 Re: Robert J. Miller Minor Subdivision Dear Sirs: Confirming my phone conversation with Diane Scultze of this morning, I have experienced delays in obtaining Health Department approval for the above subdivision because the Health Department lost the documentation originally provided, which necessitated resubmitting the papers and familiarizing Health Department personnel with the subdivision. The Health Department ultimately requested a formal water line easement to ensure access to town water for all three lots, and we provided the proposed easement several months ago. I was advised that the proposed easement is acceptable in form, but that approval by the county attorney would be required. We have communicated with the county attorney, and he has advised that he has no problem with the form of easement provided. However, he requested a title search to establish beyond doubt that there is no impediment to granting the waterline easement. We requested a title search, and I enclose a copy of a letter dated May 15 transmitting same to the county attorney. We anticipate no further delays from either the county or the Health Department. However, based on prior experience, I would respectfully request a further 90 day extension of my subdivision application. As the foregoing hopefully demonstrates, I have done everything possible to ~ complete this application in a timely fashion, and the delays have been caused solely by the Health Department. :..- / . . DAY; BERRY & HOWARD Three Landmark Square Stamford Connectlcut 06901-2599 Telephone (203) 348-3840 Telex 99324 Counsellors at Law StarrJold. Hartford and Boston R:.bert J Ih:ler May 14, 1985 Planning Board Town of Southold Suffolk County Southold, New York 11971 Re: Robert J. Miller Minor Subdivision Dear Sirs: Confirming my phone conversation with Diane Scultze of this morning, I have experienced delays in obtaining Health Department approval for the above subdivision because the Health Department lost the documentation originally provided, which necessitated resubmitting the papers and familiarizing Health Department personnel with the subdivision. The Health Department ultimately requested a formal water line easement to ensure access to town water for all three lots, and we provided the proposed easement several months ago. I was advised that the proposed easement is acceptable in form; but that approval by the county attorney would be required. We have communicated with the county attorney, and he has advised that he has no problem with the form of easement provided. However, he requested a title search to establish beyond doubt that there is no impediment to granting the waterline easement. We requested a title search, and I enclose a copy of a letter dated May 15 transmitting same to the county attorney. We anticipate no further delays from either the county attorney or the Health Department. However, based on prior experience, I would respectfully request a further 90 day extension of my subdivision application. As the foregoing hopefully demonstrates, I have done everything possible to complete this application in a timely fashion, and the delays have been caused solely by the Health Department. DAY, BERRY & HOWARD Planning Board May 14, 1985 Page 2 Thank you for your cooperation in this matter. 1 am enclosing an extra copy of this letter and a return envelope, and would appreciate it if you could indicate both the date the present application expires, and the extended date, on it and return it to me. I will continue to make every effort to conclude this matter without further delay. Sincerely yours, . RObeBM~ RJM/dlg Enclosure cc: Mr. Kenneth Edwards In review of the file, the previous extension expired on April 7. The new request for extensio~ received May 22, will be placed on June 10 agenda of the Planning Board to expire on September 10. Diane M. Schultze,Secretary o' . March e, 1984 (JPD) ", Robert J. Miller - Description of entire Subdivision JAN 11 \985 A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Easterly side of a proposed road 50 feet wide, said point being 3235.35 feet North of a point which is 2602.39 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence running North 65" 19' 16" East about 76 feet to the shore of Middle Farm Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about 525 feet; thence following said meanders Southeasterly about 142 feet; thence following said meanders South- westerly about 115 feet; thence South 66" 51' 17" West about 250 feet; thence North 84" 24' II" West about 173 feet to a point on the shore line; thence running Southeasterly fOllowing the meanders of said shore line about 770 feet to an iron pipe; thence following said meanders of said shore line about 1650 feet; thence South 3" 15' 27" East about 436.4 feet to an iron pipe; thence South 34" 38' 18" West 289.32 feet to a drill hole; thence South 23" 23' 48" East 13.22 feet to an iron pipe; thence South 61" 05' 00" West 64.83 feet to an iron pipe; thence South 18" 43' 00" West 313.39 feet to a monument; thence South 49" 04' 00" West 82.29 feet to a monument at a point of curve to the left having a radius of 23.06 feet and the direction of whose radius at that point is South 40" 56' 00" East; thence running Southeastwardly following the arc of said curve for a distance of 36.17 feet; thence South 49" 12' 20" West 40.00 feet; thence North 40" 47' 40" West 48.85 feet to a point of curve to the left having a radius of 341.80 feet and the direction of whose radius at that point is South 49" 12' 20" West; thence running Northwestwardly following the arc of said curve for a distance of 127.00 feet to an iron pipe; thence North 62" 05' 00. West 83.65 feet to a point of curve to the left having a radius of 170.26 feet and the direction of whose radius at that point is South 27" 55' 00" West; thence running Westwardly following the arc of said curve for a distance of . . 164.78 feet to an iron pipe; thence North 23" 14' 22" West 729.36 feet to an iron pipe; thence North 84" 24' 11" West 110.00 feet to a point; thence North 19" 39' 23" West 276.00 feet to a point; thence North 65" 19' 16" East 140.00 feet to the point of beginning. Containing 15.00 acres, more or less. Together with a right of way over the road running Northerly from the herein described tract to the road leading to the East End. Together also with a right of way over a driveway running Southeast- erly from the Southeasterly end of the tenth line in the above described tract across land of Cushman to the existing driveway on said Cushman land, the center line of which is described as follows: Beginning at an iron pipe located 2521.32 feet North of a point which is 3580.44 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 23" 23' 48" East 115.28 feet; thence South 14" 47' 12" West 56.00 feet to the existing driveway. Together also with a right of way over the existing driveway to the roadway on the above described tract leading Northwesterly to the road to the East End. Together also with a right of way for a driveway lying partly on said Cushman land lying Northeasterly of and adjacent to the tenth line in the above described tract. Subject to rights of others over the existing road crossing the above described tract. Subject also to existing rights for electric lines and telephone lines crossing said premises. . . . Subject to a right of way 10 feet in width for the use and maintenance of a water line, the center line being described as follows: Beginning at a point which is North 61" 05' 00" East about 20 feet from the Southwesterly end of the eleventh line in the above described tract and running thence South 80" 33' 00" West 79.90 feet; thence North 69" 17' 00" West about 773 feet to a point on the Southwest- erly line of the said above described tract. Subject to a right of way in favor of others over a proposed road which lies Northeasterly of and adjacent to the sixteenth, seventeenth, eighteenth and nineteenth lines in the above described tract. . . p D s Southold. N.Y. 11971 (516) 765-1938 October 23, 1985 Mr. Robert Miller Day, Berry, and Howard Three Landmark Square Stanford, Connecticut 06901 Re: Robert J. Miller at Fishers Island Dear Mr. Miller: The following action was taken by the Southold Town Planning Board, Monday, October 21, 1985. RESOLVED that the Southold Town Planning Board override conditions 1 and 4 of the Suffolk County Planning Commission's resolution regarding the subdivision of Robert J. Miller, located at Fishers Island. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~SK?r~~rkrdJvY SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary CINTY OF SUFFOLK . LJUN 121984 PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING June 7, 1984 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Robert J. Miller Southerly side of Middle Farms Pond, Fishers Island, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on June 6, 1984, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Robert J. Miller", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following eight conditions deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Beach Pond and Middle Farms Pond. 1. No approval shall be granted to this subdivision unless the sub- divider can show that the proposed subdivision can meet the require- ments of Section 280a of the Town Law or that the subdivider has obtained relief from this requirement from the Zoning Board of Appeals as none of the lots are shown to have frontage on a public road. 2. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 3. No residential structure or sanitary disposal facility shall be con- structed or otherwise located within 100 feet of the edge of the shoreline of Middle Farms Pond. 4. Lot 1 shall not be created as it cannot meet the above requirement due to the parcel's configuration and relationship to Middle Farms Pond (Condition 3). 5. The unlabeled parcel shall be restricted against future development and/or subdivision by requiring that the conservation easement be in perpetuity and additional measures shall be taken to insure that it will not be sold in the future for failure to pay property taxes. The parcel should be assessed as open space when development is pro- hibited. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 1 1788 Cl516) 360.-!5192. ,\,..., \' 'Z(!..\ f/( ~~, (vI \(J \ v v l_ L I'"~ ( J if'-- ,0 /1 , " Mr. Bennett Orlowski, Jr. . - 2 - . June 7, 1984 Re: Minor Subdivision - Robert J. Miller ------------------------------------------------------------------------------ 6. No stormwater runoff resulting from the development of the subdivi- sion or any of the lots shall be discharged directly into any of the adjacent bodies of water. 7. Clearing and grading within each lot shall be limited to that neces- sary for siting and constructing a house with the intent of preserv- ing as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 8. Conditions 2, 3, 5, 6 and 7 shall be filed as covenants and restric- tions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The Commission also offers the following comment on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Depart- ment of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. Very truly yours, Lee E. Koppelman Director of Planning ~Lf~~~:{i:i Planner Subdivision Review Section File: S-SD-84-l0 CGL :jk Encl.: Map cc: Robert A. Villa, P.E., S.C.D.H.S. LEGAL No. 127 Town of Southold I Notice of Hearing I NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of the Town Law, public hearings wIll be held by the Southold Town Planning Board at the Town Hall, Main RNd, Southold, New York, in said Town of the 7th day afOe- tober 1985. on the question of the following: ' 7:30 p.m. Approval of the minor subdivision of Robert J. MUler located at. Fishers Is. land, in the Town of Southold, County of Suffolk, and State of New YorK andboulided and described as'follows: BEGINNING at II point on the easterly side of II pro. posed road 50' wide, said point ~ing 3235.35 feet North of ill point wh1c:h Is 2602.39 feet East of a monument marking the United States Coast and; Geodetic Survey Trianglatlon Station "NIN", and thence running North 45019'16" E'lIst about 76' to the shore of Mid- dle Farm Pond; thence fol. lowIng the meanders of said shore line in a Southeasterly and North~sterly direction i about 525'; thence follOWing I said meanders Southeast,rly about 142'; thence followIng said meanders Southwesterly about. 115'; thence South 66"51'17" West about 250'; thence North 84"24'"'' West about 173' to a point on the shore line; thence running Southeasterly following the meanders of said shore line abOut 770' to an Iron pipe; thence following said mean- ders of said shore line about 1650'; thence South 3"15'27" east about 436.4' to an Iron pipe; thence South 34"38'18" West 289.32' to a drill hole; thence South 23"23'48" East 13,22 feet to an Iron pipe; thence South 61"05'00" West 64.83' to an Iron pipe; thence South 18"43'00" West 313.39 feet to a monument; thence: South 49"04'00" West 82.29; to a monument ata point ot a curve to the left having a ra- dius of 23.06' and the direction I of whose "radius at that pomt is South 40"56'00" East; ,thence running Southeast. , wardly following the arc of I saId curve for a distance of 36.17 . feet; thence South 49"12'2()." West 40.00'; thence North 40"47'40" West 48.85' to a point of curve to the left hav- ing a radius of 341.80 feet and the direction of whose radius at that'polnt Is South 49"12'20" West; thence running North- westwardly following the arc of said curve for a distance of 127.00 feet to an Iron pipe; thenc' North 62"05'00" West 83.65' toa point of curve to the left having a radius of 170.26 feet and the direction of i whose radius at that point Is South 27.55'00" West; thence running Westwardly followIng the arc of said curve for a dis- tance of 164.78 feet to an l!"On pIpe; thence North 23014'22" West 729.36' to an Iron pipe; thence North .....24.11.. West 110.00' to a point; thence North 19"39'23" West 276.00' to a point; thence North 65"19'16" East 140.00' to the point of beginning. Containing 1SacreS::l:. Any ~rsc;n desiring to be heard on the above matter should appear at the time and place above specified. \ Dated: September 16. 1985 I 'ByOrderOf The Southold Town Planning Board Bennett Orlowski, Jr. Cha'ii"man -. OCT 7 1985 PUBLISHER'S CERTIFICA TE State of Connecticut County of New London, ) ) ss. New London On this da y of 2nd October A.D. 1985, personally appeared before the undersigned, a Notary Public, within and for said County and State, J.L. Zielinski, Legal Adv. Clerk of THE DAY, a daily evening newspape r published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice 1I1 the case of Legal advertisement ~ tr 127 a true copy of which 15 hereunto annexed, was published In said newspaper in its issues of the 26th days of Se tember A.D. 1.')85' Subscribed 2nd efore me this < day of October A.D. 19 85 '-~( (' L(. ( /1 " ' /'<' I L4CDU:" Notary Public. .::..j~:" o . . DA~': BERRY & HOWARD AUG I) i..q"'!, 1985 August 21, 1985 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Robert J. Miller Minor Subdivision - Fishers Island Dear Sirs: Confirming my phonE' conversation with Liane Schultze of this morning, 1 have receivE.d a final map for the above subdivision signed by the Health Department. Unfortunately, the Health Department lost its file copies of the map. Therefore, I agreed to forward the mylar of the final map to the Health Department with the understanding that they would promptly sign and stamp it and return it to me so that I could run off copies of the signed map both for t.he Health Department 0 s internal records, and for the Planning Board. The mylar was sent to the Health Department on August 2 but it has not yet been returned. Please refer to the attached copy of a letter from George Browne of this office to Mr. Reynolds of the Department of Health Services dated August 21, 1985. We have been advised by Health Department personnel that it may not be possible to determine what happened to the mylar until Mr. Reynolds ret.urns from vacation. which may be after Labor Day. If the mylar also has been lost, a new one will have to be prepared, causing additional expense and delay. I very much hope to have copies of the signed final map to you prior to the September 10 expiration of my extension of time to file them. However, if continued difficulties with the Health Department make this impossible, I respectfully request your indulgence in granting a further extension until the mechanical process of reproducing the map can be completed. Also, as I have discussed with Ms. Schultze and Kenneth Edwards, subsequent to the filing of my original sketch plan with the board I acquired .98 acres of additional property which does not in any way change the proposed subdivision, but only increases the size of proposed Lot 1. I will provide a complete . . DAY. BERRY & HOWARD Southold Town Planning Board August 21, 1985 Page 2 legal description of the property including this addition to Ms. Schultze together with the final maps and, of course, the final maps reflect this increase in acreage. I would also note that the Health Department required that certain easements be filed in the land records to ensure that eventual purchasers of Lots 2 and I could have access to the water line which runs through the property. I understand from Diane that you do not r'equire copies of these easements. However, if it would be helpful for me to provide them, please let me know. Thank you for your continued cooperation in this matter. Sincerely, IfA#L Robert J. Miller RJM/dgc . AUG '0.t8.5 DAY; BERRY & HOWARD Three LandmiHk Squ;u~: Stamford ConnectIcut 06901-22<)') Telephone (20:l) 348<mllJ Telex 99324 Counsei1ors at Law SCd1Jlford, Hartford and Boston G8crge Browr.2 August 21, 1985 County of Suffolk Department of Health Services County Center Riverhead, NY 11901 Attention Royal R. Reynolds, P.E. , Waste Water Management Section Dear Mr. Reynolds: We enclose a copy of our letter of August 2, 1985 to which we have had no reply as of this date. It was our understanding that you would stamp the mylar and return it to us within a day or two. In fact, you specifically stated that there would be just a day's turnaround in doing this. In light of the fact that nearly three weeks have passed and our client has a September 10 deadline, we are becoming most concerned. Would you please give this your prompt attention and return the stamped mylar to us. Very truly yours George Browne GB:rc Enclosure Robert J. Miller, Esquire 'vI cc: DAY, BERRY 1St HOWAHD September 12, 1985 FEDERAL EXPRESS SIp 13 if;(;~ Soutnold Town Planning Board Town Hall Soutnold, New York 11971 Attention: Diane Scn ul tze, Secretary Dear Diane: I am very pleased to finally enclose eignt paper prints for tne above subdivision as signed by tne Suffolk County Department of Healtn Services on June 18, 1985. As you know, it nas taken until now to extract tnese maps from tne Healtn Department. I very mucn appreciate tne patience and cooperation of tne Board with respect to this delay. I also enclose two copies of a legal description of tne entire subdivision, including the .98 acre accretion to the original Lot 1 acquired subsequent to my original filing for approval of tnis subdivision. Copies of the deed with respect to tnis accretion were forwarded to you some time ago. If tne P.oard requires anything further to process tchis application, please call me and I will be happy to provide it. It is my understanding that the Board will be in a position to schedule this matter for a public hearing at its September 16 meeting, that publication of the proposed subdivision will take place subsequent to September 16, and that tne hearing will in all probability take place at the Board's October 7 meeting. I would appreciate your confirming this timetable to me since I plan to attend the public hearing, and arranging logistics is something of a problem. Thank you again for your attention and cooperation. Sincerely yours, 1Ij/li#-. Robert J. Miller RJMjdgc Fnclosures cc: Kenneth Edwards . . .~ :v1a.rcl1 " '_ c , 19 8,~ ( ,lrD) Robert J. Miller - Description of entire Subdivision SEP 1 .~ - 1985 A certain tract Or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Easterly side of a proposed road 50 feee wide, said point being 3235.35 feet North of a point which is 2602.39 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence running North 650 19' 16" East about 76 feet to the shore of Middle Farm Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about 525 feet; thence following said meanders Southeasterly about 142 feet; thence following said meanders South- westerly about 115 feet; thence South 66" 51' 17" West about 250 feet; thence North 84" 24' 11" West about 173 feet to a point on the shore line; thence runnIng Southeasterly following the meanders of sale shore line about 770 feet to an iron pipe; thence following said meanders of said shore line about 1650 feet; thence South 3" 15' 27" East about 436.4 feet to an lron plpe; thence South 34" 38' 18" West 289.32 feet to a drill hole; thence South 23" 23' 48" East 13.22 feet to an iron pipe; thence South 61" 05' 00" West 64.83 feet to an lron pipe; thence South 18" 43' 00" West 313.39 feet to a monument; thence South 49" 04' 00" West 82.29 feet to a monument at a point of Curve to the left having a radius of 23.06 feet and the direction of whose radius at that point is South dO" 56' 01)" East; thence running Southeastwardly following the arc of sald curve for a distance of 36.17 feet; thence South 490 12' 20" West 40.00 feet; thence North 40" 47' 40" West 48.85 feet to a point of curve to the left having a radius of 341.80 feet and the direction of whose radius at that point is South 490 12' 20" West; thence running Northwestwarc;ly following the arc of said curve for a distance of 127.00 feet to an iron pipe; thence North 62" 05' 00" West 83.65 feet to a point of curve to the left having a radius of 170.26 feet ~nd the direction of whose rad.lus at that point is South '27" 55' J(1" West; thence runnlng Westwardly following the arc of Silld cU~~a for a distancE 0' . . L6,1.;:-1 f,:'ct :-0 In :..r'-lrl :).L:),_~; t-h2J)(>~ :.Joit:.h )-: i.,~ t -: ...:" ','J F~~~) t 7.2 (J 0 3 ~ feet to all _lron p.Lpe; th(~ncC' North 84" 2--l' Ll" Ih~st 110.00 feet to a pOlnt; thence North 19" 39' 23" West 276.00 feet to a eoint thence North 65" 19' 16" East 140.00 feet to the point of besi,:, Containing 15.00 acres, more or less. Together with a right of way over the road running Northerly from the hereln described tract to the road leading to the East End. Together also with a right of way over a driveway running Southeast- erly from the Southeasterly end of the tenth line in the above described tract across land of Cushman to the existing driveway on said Cushman land. the center line of which is described as follows: 8eg1nnlllg at .n lron pipe located 2521.32 feet North of a point which IS 3S30.4~ feet East of a monument macking the United States Coast a~d Geodetic Survey Triangulation Stdtlon "NIN" and thence running South 2r 23' 48" East 115.28 feet; th,"nce South 14" 47' 12" West 56.00 feet to the existing driveway. Together also with a right of way over the existing driveway to the roadway 0n the above described tract leading Northwesterly to the road to the East End. Together also with a right of way for a driveway lying partly on said Cushman land lying Northeasterly of and adjacent to the tenth line in the above described tract. Subject to rights of others over the existing road crossing the abOVE described tract. Subject also to existing rights for electric lines and telephone lin~s crossing said premises. . . . SubJect to a right of way 10 feet 1n width for the use and maintenaIlcc of a water line, the center line being described as follows: Beginning at a point which is North 61" OS' 00. East about 2n feet from the Southwesterly end of the eleventh line in the abovE C.3C ~_2r tract and running thence South 80" 33' 00. West 79.90 feet thence North 69" 17' 00. West about 773 feet to a point on the Southwest- erly line of the said above described tract. Subject to a right of way in favor of others over a proposed road which lies Northeasterly of and adjacent to the sixteenth, seventeen h eighteenth and nineteenth lines in the above described tract. . . " ,..-. . -" Marcil i' 1.08.:; ( ,JPD Robert J. Miller - Description of entire SUbdivision A certain tract Or parcel of land located at Fishers Islan~_ Town of SouthOld, COunty of Suffolk and State of New York, bein cn~e~ and described as follows: Beginning at a point On the Easterly side of a propoced road 50 feet wide, said point being 3235.35 feet North of a point w~lch is 260~.3~ feet East of a monument markinC) the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence rUnning North 65" 19' 16" East about 76 feet to the shore of Middle Farm Pond; thence fOllowinC) the meanders of said shore line in a Southeasterly and Northeasterly direction about 525 feet; thence fOllowinC) said meanders SOutheasterly about 142 feet; thence fOllowinC) said meanders South- Westerly about 115 feet; thence South 66" 51' 17" West about 250 feet; thence North 84' 24' 11" viest about 173 feet to a point On the shore line; thence running SOutheasterly fOllowing the meanders of salG shore line about 770 feet to an iron pipe; thence fOllowing said meanders of said shore line about 1650 feet; thence South J" 15' 27" East about 436.4 feet to an iron pipe; thence South 34" J8' 18" West 289.32 feet to a drill hole; thence South 23" 23' 48" East IJ.2? feet to an lron Plpe; thence South 61" 05' 00" West 64.83 feet to an lron Plpe; thence South 18" 43' 00" West 313.39 feet to a monument_ thence South 49" 04' 00" West 82.29 feet to a monument at a point of curve to the left having a radius of 23.06 feet and the direction of whOse radius at that point is South 40" 56' 00" East; thence rUnninC) Southeastwardly fOllOwing the arc of said curve for a distance of 36.J7 feet; thence South 49" 12' 20" ''/c,st 40.00 feet; thence North 40' 47' 40" West 48.85 feet to a point of curve to the left havinC) a radius of 341.80 feet and the direction of whOse Cedius at that point is South 49" 12' 20" West; thence runninC) Northwestwardly fOllowinC) the arc of said curve for a distance of 127,00 feet to an iron pipe; thence North 62" 05' 00" West 83. 65 ~ect to a pOInt of curve to the left having a radius of 170.26 fent and the direction of whose radlUs at that point is South 27" 55' JO" West; tt" ~e runninC) Westwardly following the arc of SQld cu~~c for a distance or . . " L6.i. fd ::,~et- t-() an 1.r"-:n ~)L::)'".'; t h,~ li.'t~ )Jurt:n ) ~ -1" .'1 :2 2" '.-Ie::.> t 7 ?. 9. ~ 6 reet to:1[1 LLon pLpe; thence North 84' ,).j' Ll" 'dest LiO.OO feet to a pOlnt; thence North L90 39' 23" West 276.00 feet to a point; thence North 650 19' 16" East 140.00 feet to the pOlnt of beginning. Containing 15.00 acres, more or less. Together with a right of way over the road running Northerly from the herein described tract to the road leading to the East End. Together also with a right of way over a driveway running Southeast- erly from the Southeasterly end of the tenth line in the above described tract across land of Cushman to the existing driveway on said Cushman land, the center line of which is described as follows: BeqH1LLiq dt c'in Lron pipe Located 2521.32 feet North of a point which is 3580.44 feet East of a monument mark~ng the United States Coast J~d G~odetic Stlrvey Triangulatiofl Station "NIN" and thence LLmninq South 23" 23' 48" East 115.28 feet; thence South 140 47' 12" West 56.00 feet to the existing driveway. Together also with a right of way over the eXlsting driveway to the roadway on the above described tract leading Northwesterly to the road to the East End. Together also with a right of way for a drlveway lying partly on sald Cushman land lying NortheasterLy or af1d adjacent to the tenth line Ln the above described tract. Subject to rights of others over the existing road crossing the above described tract. SubJect also to existing rights for electric Llnes and telephone lines crossing said premises. . . . ' SubJect to a right of way 10 teet In width tor the use a~d maintenance of a water line, the center line being descr~_be~ as follows: Beginning at a point which is North 61" OS' 00. East about 2C f~et from the Southwesterly end of the eleventh line ~n the abo,o C~ ~ b?~ tract and running thence South 80" 33' 00. West 79.9r ~ tnence North 69" 17' 00. West about 773 feet to a point or the Southwest- erly line of the said above described tract. Subject to a right of way in favor of others over a pr~posed road which lies Northeasterly of and adjacent to the sixteellth. seventeenth eighteenth and nineteenth lines in the above described tract. . . . . Southold, N,Y. 11971 (516) '765-1938 September 10, 1985 Mr. Robert Miller Three Landmark Square Stamford, Connecticut Re: Proposed Minor subdivison Robert Miller Dear Mr. Miller: The following action was taken by the Southold Town Planning Board, September 6, 1985. RESOLVED that the Southold Town Planning Board grant a 90-day extension on the filing of the final subdivision application for the subdivision for Robert Miller located at Fishers Island. If you have any questions, please don't hesitate to contact our office. V?'-5Y trul'( ,yours, , ~~({)r~)~~ BENNETT ORLOWSKI, JR., C~IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary . . Southold. N.Y. 11971 (516) 765-1938 September 19, 1985 Mr. Robert Miller Three Landmark Square Stamford, Connecticut 06901 Re: Subdivision for Robert Miller Dear Mr. Miller: The following action was taken by the Southold Town Planning Board, Monday, September 16, 1985. RESOLVED that the Southold Town Planning Board set Monday, October 7, 1985 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivision of Robert J. Miller, located at Fishers Island. Enclosed, is a copy of the legal notice which we have forwarded to the newspapers for publication. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~~O~~~A~~ SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. <; -- 1'<:( TiffS .~'RRrr.t fOR lJOMfSTfC SHIPMENTS ANti fOR SHIPMfIrITS f,!WM PllfllTO mr.o TlI Tiff ", r.,~ r-'" '-i,"rN..t(l,~JI[S,I:i:rJ\Jl;'r.r.l;tli,',,'tW-;1:';ry-!,:I,irTn: r,lf," I l1H'! I IT,'] ;UFUTf "If"MI~ . 'I 'I ;T~ ,'p, n i ~:~'''~''ii'rT~j;.i:~r''''"l:H ~ s ~... h..... ,', .~_....L....__ RN:ip",,,hPI W~NLH"h.er M"v Irnp()(~,nl) Company MtI.l.EIL___._ Department FlomNo $lreelAddress iJ City ., . _ ieJ.lLllQ ~: t {Osc 01 P.O. Bo~csorP.O,"'ZipCodes Will Delay livery And RIJSulf in ExtraChllrge.} -1 I _~DHll._I' 1:-111 ",!) Stille ::L(,; !.ltb.D AIRBILLNo.84252524b L~~.' he", I YOUR BILLING REFERENCE INFORMATION IFIRST 24 CHAh'A/;JfIlS WHi APPEAR ON INVOICE_I ZIPStreetAddrP~sLipReq",rAdIJloI'ITlIlIx"')ZipCOOeI ,........ IlfIiD fOR PICK-UP AT THIS fEDERAL EXPRESS STATION, .,...r-~lr~et AJd,ess (s"'''' S"'VI~H GLJI(I", 0' C"li ilOO. ?31l.;;3SSi DCasl] o ~:i: l~j;~~i~~1~:P(jF' A,,~I No [j -:"1'-;;;-' State 'IV ~;,,'I , '\Of' ,J D ~:II: ~:r~,J~ ;,~' j(>ly redh Acel. No, 01 Maim Crpdil C~r,; Ij" SERVICES CHECK ONLY ONE BOX PRIORITY I OVERNIGHT 1 D OvernlghllJ~I"""y 6 0 LETTER U,lngYO<j'Packaq,og 10u,Pad<aglngI9""2 OVERIIIGHT OELlrERY USIIIG OUR PACKAGING 2~courier.pakOverni~hTE'lVelnp" 12". 15Y, 3 ~2~~~~~\'~;X r ^ 0 4 0 ~x~~~~~~~, A 0 STANDARD AIR 5 0 ~;;;r b:~~~~~~ ~~~] SERVICE COMMITMENT PAIQAITY1-[leIlvery"SCMdu"",ca,I,""""""n"",,,,,,,,,,,," '" most loc.~on. It may"'.., I",,, '" """" "",,,'''-, ""y' " the _MbonlSouts'd."u'",'m"'Y""'''C~"'"''" STANOAADAIRo",,,''''y,""OO.,,..I,""^,,,,,,,,,,,,-,"",'K"," '""""'onS600ndtJuSlnessoa",,,,",tilkc"",,,,,",,"",""',,,ne,, o"~, ""'" -..uoo IS """,,,,,, "'" '''''""'' "''''''c~ "'''''' DELIVERY AND SPECIAL HANDLING CHECK SERVICES REQUIRED ~1:l~;~L~~-~-'- , VAWI ZIP'''Zip COd., ofStlO'pl Add",ss Rr.'q"irf'(J PACKAlifS f D :~~~~~~:'~~-U~,~,'."~,,~,,'~;:"" 'III'''''"'' s..r:,.,HafrigJl' brlp Nu Dat'" 1 ~ _J L~~,-~!.'_I_l"-';.":Vf'lI 1 ,J 11"".," ';tll~rr""'l ? 0' DELIVER WEfKOAr aD OELlVER SATIJROAY ";'1"'''"'">,1 4 0 :!!:'ET!.~~I~'~~~~~~I,S,~~~~~;~p~~~:""d s 0 CONSTANT SUlImUAIIICf S[lI~lC[ (CSS) jlxtracha(geapi,,"J'_; BOOBYICf ___ "/ D OTHER SPECIAL SERVICE 8D '.1 Ulg 10 Del 1.11"""1'''''' ,')tmetAddress DCl1gTaHol'J T0tal 01",1 TOlal I;itv SI<l!'; Zip c " ,I" II' ','I Hecelvedf:ly r. x l)<lfe/Time Received FedEx Emptoyee Number -~'/,; c, , . . Legal Notice NOTICE OF HEARING NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law,public hearings will be held by the Southold Town Planning Boad at the Town Hall, Main Road, Southold, New York, in said Town on the 7th day of October 1985, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Robert J. Miller located at Fishers Island, in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING a a point on the Easterly side of a proposed road 50' wide, said point being 3235.35 feet North of a point which lS 2602.39 feet East of a monument marking the United Staes Coast and GEodetic Survey Trianglation Stat ion "NIN", and thence running North 65019'16" East about 76'to the shore of Middle Farm Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about 525' ; thence following said meanders Southeasterly about 142'; thence following said meanders Southwesterly about 115'; thence South 66051'17" West about 250'; thence North 84024'11" West about 173' to a point on the shore line; thence running Southeasterly following the meanders of said shore line about 770' to an iron pipe; thence following said meanders of said shore line about 1650'; thence South 3015'27" East about 436.4' to an lron pipe; thence South 34038'18" West 289.32' to a drill hole; thence South 23023'48" East 13.22 feet to an iron pipe; thence South 61005'00" West 64.83' to an iron pipe; thence South 18043'00" West 313.39 feet to a monument; thencE' South 49004'00" West 82.29; to a monument at a point of a curve to the left havingd radius of 23.06' and the direction of whose radius at that point is South 40056'00" East; thence running Southeastwardly following the arc of said curve for a distance of 36.17 feet; thence South 49012'20" West 40.00'; thence North 40047'40" West 48.85' to a point of curve to the left having a radius of 341.80 feet and the direction of whose radius at that point is South 49012'20" West; thence running Northwestwardly following the arc of said curve for a distance of 127.00 feet to an iron pipe; thence North 62005'00" West 83.65' to a point of curve td the left having a radius of 170.26 feet and the direction of whose radius at that point is South 27055'00" West; thence running Westwardly following the arc of said curve for a distance of 164.78 feet to an iron pipe; thence North 23014'22" West 729.36' to an_tronJipe; . . . - thence North 84024'11" West 110.00' to a point; thence North 19039'23" West 276.00' to a point; thence North 65019'16" East 140.00' to the point of beginning. Containing 15 acres + Any person desiring to be heardon the above matter should appear at the time and place above specified. Dated: September 16, 1985 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN PLEASE PUBLISH ONCE, SEPTEMBER 26, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD. Copies Mailed to the following on September 19, 1985: The New London Day The Suffolk Times The Long Island Traveler Watchman Supervisor Francis Murphy Robert J. Miller, applicant ~.lL-'-',....>" .A':/.).'- ~"':"'/.... nr ~Fr" v, ,,,'- \ \ \- Li' ,: I\:- ~ J... c.;'_J' ......' )"1 .,...~ /. " , . , ~ -.'~ I'LA~N ING BOARD \' ::;..:' .ti-, <. ,,). ~.:-~" T!~~' ....2~~~'ijUT~?LD \:::1 \oJ.......;'. ~,- .- 3UFFOLl('COU~TY \.~," ,'~~U" 'I' .'. ....;!,"""'''' "rr "..0. _ J, ): ,- f\"~ ,..(:' ~-'-r ' ~;.~_ ._~-r':("1)" ~'...'2zTJ.l-.V!..v- S0'lthold. N.Y. 11971 (516) 765-1938 June 13, 1985 Mr. Robert Miller, esq. Day, Berry, and Howard Three LandmarkSquare Stamford, CT 06901-2559 Re: Minon Subdivision Robert Miller Dear Mr. Miller: The following action was taken by the Southold Town Planning Board, Monday, June 10, 1985. RESOLVED that the Southold Town Planning Board grant an extension of 90 days from the date of this resolution for the filing of the final maps for the minor subdivision of Robert Miller located at Fishers Island. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~EYr\.o~~ ~~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ... By Diane M. Schultze, Secretary ~ '"- ~,,;', Three' Landm3r}; Square Stiimfcrd ConnpC!lC,,-;: Ofi901-2S99 - (2D2-) 348- 3840 DAY, BERRY & HOvv,AfJ) . _",0::;'-;. TE;]::-i: 9CJ3;-A G.:Oj~Q;' :;rc ::.'.e May 15, 1985 Suffolk County Attor 2Y'S office principal Assist~lt ounty Attorney Building C-16, North Comolex veteran's Memorial High",iay Hauppauge, NY 11788 Attention Rov S. Dragotta, Esquire Re: Robert J. Miller Subdivision on Fishe~s Island Dear Roy: In connection with the caotloned matter, we have finally received a title reoort from Ticor ~itle Guarantee Companv ("Ticor") as to the Robert J. Miller propertv on ~ishers Island and enclose a copy of the same to vou at this time. We have verified with Bob Miller that none of the three judgments are against him in the event that wouln be troublesome to you in any way. We also enclose for vour records copies of the deeds that were furnished to us bv Ticor. It would be our understanding that you are now in a position to approve the easement that was su~mitted to you by Mr. Royal R. Reynolds and submit it back to him so that he will be able to sign off on the subdivision map for the Health Department. We wouln appreciate your ex- pedltious handling of this as Bob Miller has alreadY ex- tended well bevond the deadline established by the Plan- ning Commission and has in fact been notified by the Com- missioner that he must have this matter in order within the next three weeks. If there is anything further you need or if we can be of anY assistance, please let us know. ,. GB: c Enclosures cc: Mr. Royal R. Reyno+ds, P.E. Robert J. Miller \! . . UA Y HEHRY & HOWAR D Planning Board May 14, 1985 Page 2 Thank you for your cooperation in this matter. I am enclosing an extra copy of this letter and a return envelope, and would appreciate it if you could indicate both the date the present application expires, and the extended date, on it and return it to me. I will continue to make every effort to conclude this matter without further delay. Sincerely yours, . RObe;Jl~ RJM/dlg Enclosure cc: Mr. Kenneth Edwards . .Aflj ~';i;;; r'i: ...,O~,r !)/\ll BERRY & HO'N'I\RD March 15, 1985 Southold Town Planning Board Su ffolk County Southold, New York 11971 Attn: Ms. Diane Schultze Re: Miller Subdivision Dear Diane: I am just writing to advise you of the status of things, and to request the Board's continuing indulgence in extending the time period in which to complete the above minor subdivision. I enclose a copy of a letter of today's date to the County Health Department. You will note that the Health Department has requested that water line easements be specifically granted teo run with the land with respect to each of the three lots. You will also note that the easements were provided to the Health Department early last month, but were then lost, and that new copies have now been provided. The Health Department has now indicated that it will sign the maps as soon as the water line easements have been approved by the county attorney, which we hope will be soon. Meanwhile, the Board's continuing patience and understanding of the fact that the delay is not caused by me would be very much appreciated. Sincerely yours, Jd7~ RObe:t'-'" Miller RJM/dlg Enclosures ccw/enel.: Mr. Kenneth Edwards '. /-~ r- '. ...(" '-V,:/ t j I '.' /\" . ~ 'I '. ".~ . DAY; BERRY & HOWARD . !'tIU\' , ;.! -' _~'H~ .:1-: .::> ~ "1'- ,::'"~, March 13, 1985 VIA FEDERAL EXPRESS Royal R. Reynolds, P.E. Public Health Engineer Waste Water Management Section County of Suffolk County Center Riverhead, New York 11901 RE: Miller - Subdivision Southhold - Fishers Island Dear Mr. Reynolds: In furtherance of our conversation of March 12, we enclose a copy of our letter of February 6, 1985, together with a copy of our proposed Waterline Easements as set forth therein. These easements specifically show water main easements over the conservation easement bcnefitinsr Lot 1, and over Lot 3 benefiting Lot 2. It is Bob Miller's position that he would very happily go ahead and execute and file those easements or the one that we submitted to you with our letter of February 13th, together with the one from the Fishers Island Development Corporation. Either way would be satisfactory to Bob and would solve the water main easement situation. We would ask that you review these expeditiously and forward them on to the County Attorney for his review as Bob is already beyond the extended deadline established by the Planning Commission. We thank you very much for your cooperation and assistance in this matter. Very truly yours, George Browne GB/cls Enclosures cc: Robert J. Miller, Esq. .. 8/ uw 9680 i'Act 363 TIDS INDENTURE, made the l~ October day of -5eptemb':li" . nineteen hun. and Eighty-Four f BETWEEN FISHERS ISLAND DEVELCP'lENT CORPORATION, corporation with offices in~New York, New York ~,\kil" S1 . a New York J~." :: 11985 1J733 "" partyofthefirstpart,and ROBERT J. HILLER of 15 Farrell Road, Weston, Connecticut party of the second part, WITNESSETH, that the party of the first part, in consideration of TWO THOUSAND ($ 2 , 000) dollars, lawful money of the United States, and 01:her good and valuable consideration paid .g,V\Y6t by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, I . _ .' .~"~~,\~ the heirs or successors and assigns of the party of the second part forever, \",; \-"1 ,"',.:. ;-',,;';- J ,} ~ District 1000 Sectiogo8oo BlockoloO IDt 00 +:(1) D 1 r, ALL that certain plot, piece or parcel of lane:, with the buildings and improvements thereon erected, situate, lying and being ix;tbe{ at Fishers Island, Town of Southold, County of Suffolk and State of New York, beinq bounded and described as follows: Beginning at an iron pipe at the Southeasterly corner of the herein ~escribed tract, said pipe being located 2906.25 feet North of a point which is 2677.60 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence North 40 50' 40" West 202.32 feet to a point of curve to the left having a radius of 208.57 feet and the direction of whose radius at that point is South 850 09' 20" West; thence Northwestwardly following the arc of said curve for a distance of 142.86 feet; thence South 650 19' 16" West 140.00 feet; thence South 190 39' 23" East 276.00 feet; thence South 840 24' 11" East 110.00 feet to the point of beginning. '1" ll.. ."j l._ Containing 0.98 acres, more or less. Together with a right of way over the roc,d J;unning Northerly from the herein described tract 1:0 the road leading to the East End. Subject to the rights of others to use the road over the above described tract, which road lies Westerly of and aciacent to the first and second lines in the above description; provided that the party of the second part, his heirs and assigns, shall have the right to relocate said road on said tract; Subject also to easements for any utilities which may cross the above described tract. -- ~-.-.. , "?,-..}(t A.......,. ..._l.... ~,. . \ \ L-- ~ \ :' , r. .', ~ '.) 1"'n!' vt)..., _.\ ~ T9~B~~8w9i:h P~:?h~te .~ ~t...=L. ii ....~. .4 thq,... L~ .4 the m.L ~ df.1b and to BIlY .u=tb liJJd FCPgf APuttiRg tR~ MS Of auanihea ~ILMiBE!S tp tlUl 'IRt. 1'___ 1ke.n.6f, .' 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 IeCOnd part. the heir< ~. successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law. hereby 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 tTUst 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 constroed 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 OJ": {~ l!~uL v FISH~E' ISLAND DEVELOPMENT CORPORATION , " .->n ,1 By : c: ) 1/ Stephe E. O'Nei , Presid nt ., . DAY; BERRY & HOWARD . ,,""J~' .;-"" "__ J CO[El.';f-;'}G"rs at Lav'. Stamford, Hanford and Bost..m Thref ~ar:dmark Sc~u( r Starnbr~~ Connpc~~:::."J~ 06901-25 J'! TekpLunc 1203: 342-33:;G Telex g':i32'~ January 10, 1985 EXPRESS MAIL Suffolk County Department of Health Services Environmental Engineering County Center Riverhead, N.Y. 11901 Attn: Mr. Royal Reynolds Re: Miller Subdivision Southold - Fishers Island Dear Royal: Confirming our phone conversation of this morning, I enclose three additional original paper prints of the map with respect to the above subdivision. I understand that you will present these three prints along with the two which you hold to the Director for signature, that you will retain two signed maps, and that you will return three signed maps to me. An enclosed, stamped envelope is provided for this purpose. As we discussed, we will provide you with copies of easements, or deed provisions, recorded or in recordable form, establishing the fact that all three lots can tie into the existing water line which runs through Lot 3. Thanks very much for your cooperation in this matter. If any further questions arise, please call me. With regards. Sincerely, ;};{- ~ Robert J. Miller RJM/dlg Enclosures cc: Southold Town Planning Board" . . jrt DAY, BERRY & HOV\Tl\HD January 10, 1985 EXPRESS MAIL Planning Board Town of Southold Suffolk County Southold, N.Y. 11971 Attn: Ms. Diane Schultze Secretary Re: Miller Minor Subdivision Fishers Island Dear Diane: Confirming our phone conversation of today, I enclose 6 (six) copies of the final map with respect to the above subdivision. Please note that the final map differs from the sketch plan filed under COVE,r of my letter dated March 13, 1984 only to the extent that I subsequently acquired, primarily for protection of view, .98 acres of land on the western boundary of the original Lot 1. This additional acreage in no way changes the proposed sUbdivision; it. simply becomes a part of Lot 1, increasing the acreage of that building site from 2.87 to 3.85 acres. A photocopy of the original deed for the .98 acre parcel from Fishers Island Development Corporation to me dated October 12, 1984 bearing recording data is enclosed. Also, please find enclosed a revised legal description of the entire tract, including the .98 acre additional area. To the extent the expansion of the original Lot 1 consti tutes a mOdifica.tion to my original application, kindly consider this letter to be a request for such a modification. As we discussed, I have been advised by the Suffolk County Department of Health Services that their approval of the subdivision is imminent. I 'Nill send you three copies of the maps signed by that department as soon as they are received. . . ,/1,\, BEHRY&HOWARD Ms. Diane Schultze January la, 1985 Page 2 As we also discussed, I have reviewed the proposed subdivision with the Department of Environmental Conservation, and the Department has advised that its approval is not required since no activity is proposed within its jurisdictional area of 100 feet from a freshwater wetland. Therefore, as we discussed, it will hopefully be possible for a public hearing for this matter to be scheduled at the February 4 meeting, and for the public hearing to be held in March. Thank you for your continuing cooperation. Sincerely, Robe~~~ RJMjdlg Enclosures cc: Mr. Kenneth Edwards . . -(f(f[,.'C.UIlr,(:~~ ~C:~tFDLJ(;~ Pt~NN'Jj(rc;nO?~'RD ;..:::! '.' 'i -. ,.~,. ......' . N, ,'<.;' ",',""', 1.,>.,.""~,, -,,""1"" ~ Co, To~l o,l~S~H: ~LD ~ V>-:"'-')'-'W'~ ,"":,:j1""' ... "'.~ sm:FQT,K"".;COQ,WN. 'y '''' ",:0[ .' '~o, '<:-. ,.;,. I I -~~2:.~ Southold, N.Y. 11971 (516) 765-1938 January 9, 1985 Robert J. Miller Three Landmark Square Stamford, Connecticut 06901 Re: Minor subdivision for Robert J. Miller Dear Mr. Miller: The fOllowing action was taken by the Southold Town Planning Board, Monday, January 7, 1985. RESOLVED that the Southold Town Planning Board grant a 90- day extension on the filing of the final maps for the minor subdivision for Robert J. Miller located at Fishers Island. If you have any questions, please don't hesitate to contact our office. very truly yours, ,Jt1c-iV..U 0 V ~ 1<A) 0<- olr0 BENNETT ORLOWSKI, JR., CHAIR~~N SOUTHOLD TOWN PLANNING BOARD By Diane M. Sccultze, Secretary . . DAY BERRY & HOWJ~ HD DEe 5 1984 December 4, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Attcention: Diane M. Schultze, Secretary RE: Robert J. Miller Subdivision Dea.r Diane: As you know, I filed an applicaion for approval of the above minor subdivision in March, 1984, and the sketch plan was approved and the Board declared itself lead agency on or about May 7, 1984. I have been dealing witch the Department of Environ- mental Conservation and Department of Health Services to procure the necessary approvals. T~ere are no particular difficulties, but there has been delay on both sides. As I recall, you mentioned that an extension should be requested if the necessary approvals are not procured within six months after preliminary a.pproval. If my recollection is cor- rect, I would appreciate it if }~u would consider this letter an application for extension, and would request that you kindly confirm that an extension has been granted if one is required. Thank you for your cooperation. Sincerely, Pt?/~ Robert J. Miller RJM/cls . . I\UG 28 1984 DAY; BERRY & HOWARD '-.-, ,Ii':; ; , ; , I : ~ ('. '-" .', I.:. C I, .1' "',(","( ;, ';.:1;' ! > ,"'L j' August 10, 1984 F::;;c.;' . ?L>' New York State Department of Environmental Conservation State University of New York Stony Brook, NY 11790 Attn: Mr. David Deridder Dear Mr. Deridder: I have been referred to you in connection with a proposed minor subdivision of my land on Fishers Island, Suffolk County New York. In order to give you some preliminary feel for the situation I enclose a copy of the subdivision map. You will note that of a total of approximately 14 acres, roughly 5.6 are being dedicated through a conservation easement as a nature sanctuary and I am seeking a subdivision to establish that three building lots remain. You will note that all three lots have frontage on Middle Farms Pond, a fresh water lake approximately 40 acres in area in the central portion of Fishers Island. In 1977, I sought a building permit with respect to Lot 1, and, after a physical inspection of the property (including test holes) by the Department of Environmental Conservation, building permit No. FW 15279-0109 was issued by permit administrator Daniel J. Larkin on March 1, 1977. Our plans changed and the permit expired, but conditions in the area remain identical and I would hope that the prior experience can be considered determinative of the suitability of the site. Lots 2 and 3 were acquired after the building permit was procured with respect to Lot 1. Lots 2 and 3 enjoy elevations of more than 30 feet, and the proposed building sites on them are far from surface water or wetland conditions. I would appreciate your calling me at your convenience to talk over how to proceed. All preliminary data has been filed with the Southold Town Planning Board, which has declared itself lead agency with respect teo the subdivision. ...\K"\ .\ \. . (,\j'f..\/ DAY, BERRY & HOWARD . Mr. David Deridder August 10, 1984 Page 2 Thank you for your help. cc: Southold Town Planning Board Mr. Royal R. Reynolds Mr. James Wall RJM: 1m Sincerely. , '1 '. '-. , Ii!, Robert J. Miller . I", . . . \ PAY, BERRY & HOWARD 1 "_ ~ "~\ . ,0, ~ H" ~ ..1~ ) I.'" 'l.. '1 J jr,,~,_ ~';'i.:: ]1:1,j:!< ," ('(...'i,'n."'" ,'1. ,I Lh\.',' S;,:lInk,):1 (::;111' ;:1 Ie Cliu,'i1Y; ::~,~'~i Sld.'.';,f,:.'!,c} Ii ill,furn ,'c: U, rt']' ).,!i"';L :/C':3' ~N".' ~;~-:~:'I 1 <I '> 'l~i_ p",,,.,, J M:lk: June 15, 1984 Mr. Royal R. Reynolds Suffolk County Department of Health Services County Center Riverhead, NY 11901 Dear Mr. Reynolds: I am writing at the suggestion of the Secretary of the Southold Town Planning Board concerning my minor subdivision of property on Fishers Island, New York. I understand that the Southold Planning Board has been declared "lead agency", that my application and the subdivision plat are in order, and that the next step is to obtain the approval of your agency concerning water to be provided to the subdivision. I also understand that you have been provided copies of the subdivision plat by the Planning Board. Would you please send me an application or other information I need in order to obtain the approval of your department on the subdivision map. You will note that each lot in the subdivision enjoys a good elevation and is in the vicinity of a large, fresh-water pond. The area around the subject property is and will be sparsely populated because the land has largely been dedicated (as a portion of my land has been) to perpetual use as open space and nature sanctuary. I believe that using a well would be appropriate and would appreciate receiving information regarding access to water by well. As you may know, town water is available on Fishers Island, but the existing water line is approximately 1/2 a mile away from the nearest lot in our proposed subdivision, and between 3/4 of a mile and a mile away in the case of the second and third lots. The water company has advised me that it would be necessary to put in a line a.t my expense to provide town water service, and the cost of doing this ,-,=,uld be very high. Therefore, I would like to pursue the well route if at all possible. I should mention that an adjoining property is apparently served by a private water line. If necessary, I could approach the owner about purchasing the right to tap into his line (provided it is adequate to serve our three lots). However, there is no assurance 1:hat he would agree. ~ M \9\~ [/rfefl- ~. DAY, BERRY & HOWARD . . Mr. Royal R. Reynolds June 15, 1984 Page 2 In any event, I look forward to hearing from you, and would appreciate your help in doing the necessary. I attempted to call you today when I became aware of this step in the subdivision procedure, but appa.rently missed you. I will be away for several weeks and will call you upon my return. In the meantime please send me whateve'r information and advice you can. Thank you for your cooperation. Sincerely, . ' 1,/ I ) i I 'L< 1. ,V, t \ ,...[.......-t,.t _ I /'", I' Robert J. 'Miller P.S. If you require further information or ma.terials from me, please contact Mrs. Phyllis Zygmont of this office at the above address and telephone number. cc: Diane M. Schultze RJM : 1m . . . PLANNING BOARD ,oj' ' \ ::~. TOWN, OF, SOUJ~?LD SCHOLK COUNTY , Southold, N. Y. 11971 HENRY E. RAYNOR. Jr" Chairman ~~'l>>X~ JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 TELEPHONE 765 - 1938 May 31, 1984 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the fOllowing proposed final plat to tche Suffolk County Planning Commission: (Map of) (Minor Subdivision) Robert J. Miller Hamlet Fishers Is land Tax Parcel Identifier No. 1000 8 1 4.2,4.6,8,4.10 Material Submitted: Minor Subdivision - Class A(3 copies) X Class B (2 copies)________ Major Subdivision (3 Copies) Preliminary Map (1 copy)________; Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 copy) Grading Plan (1 copy) ; Planning Board Res. (1 copy) Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet X Comments: V,ery tru ly yours, T, ( r) Bennett (, t-' y, J'- I"" if \ i ". '. \' . Orlowski Jr., Chairman . . WAIVER OF SUBDIVISION REQUIREHENTS (Nap of) (}!inor Subdivision-) Robert J. Miller Hamlet or Village fishers Is land Town Sou thold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Prelir,.in3.ry }fap x x Topographic Hap Grading Plan x Drainage Plan Landscape Plan x Street Profiles Other (describe) x x Reason: 1) Hinor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an eXl'sting improved filed map c) Other (describe) 2) Hajor Subdivision a) No new drainage structures and no changes in existing drainage proposed x b) No new roads and no changes in existing rO.:J.ds proposed X c) No major site clearing and grading proposed X d) Other (describe) A . Southold, N.Y. 11971 (51ll) 765-1938 May 31, 1984 Environmental Analysis Unit DEC, BUilding 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment.Form and a copy of the map of the minor subdivision of Robert J. M~ller, located at Fishers Island, Southold. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until June 14, 198 ~ We shall interpret lack of response to mean there is no objection by your agency in rega:rd to the State Environmental Quality Review Act. Yours truly, BENNETT ORLOWSKI, JR. CHAIR~ffiN SOUTHOLD TOWN PLANNING BOARD "~";;L ~"h~~::U~O~"~":~ enc. cc: Department of Health SerVices . DA\i BERRY 82. 'HiOW.~i . May 29, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 ~, ..J Attn: Diane M. Schultze, Secretary Re: Robert J. Miller Subdivision Dear Diane: Pursuant to our phone conversation of May 7, in which you indicated that the sketch plan had been approved by the Board and that the Board had been declared lead agency with respect to the above subdivision, I enclose six additional copies of the sketch plan which have been certified by the surveyor. As I may have mentioned, I will be on vacation from June 18th until mid-July. If a.ny activity will take place which could affect the subdivision during my absence, I would appreciate your calling me. Thank you for your continuing cooperation. Sincerely, ~ M~ I Robert J. Miller RJM : 1m . Southold, N, y, 11971 (5W) 765-1938 May 10, 1984 Mr. Robert Miller,esq. Day, Berry and Howard Three Landmark Square Stamfor~ CT 06901-2599 Re: Minor subdivision Fishers ISland Dear Mr. Miller: The following action was taken by the Southold Town Planning Board at the regular meetj_ng of Monday, May 7,1984. RESOLVED that the Southold Town Planning Board declare itself lead agency under the State Environmental Quality Review Act regarding the minor subdivision of Robert J. Miller located at Fishers Island. RESOLVED that the Southold Town Planning Board grant sketch approval to the minor subdivision of Robert J. Miller located at Fishers ISland, dated March 23, 1984. Please six (6) copies of the final map, see enclosed list for requirements, to this office in order that we may refer them to the necessary state and county agencies. If you have any questions, please contact this office. Very truly yours, enc. BENNETT ORLOWSKI,JR., CHAIRMAN __SOUTHOLD TOWN PLANNING BOARD ~(L"---'-rt OA [me,,,- 1, /1\ - cf./7VY::, By Diane M.Schu1~z~;osecretary .. "'6.,j.~ . . APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town '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 apphcation, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to he . .l~tq..~e~.. ~l~l?d~yi~.io.n:...................... ............................................. ............................................... 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 Count)" Clerk's office as follows: Liber 8288 ............. Page 347 On 8/15/77 ................ Liber '" .8. ~? 9 . . . . . . . . . . . . . . . Page Liber ....869.6............... Page 292 On 11/9/78 ...................... . . . . . . . . . . . . . . . . . . . . . . . . 103 On 9/18/79 ...................... ........................ Liber ........................ Page ..................... On . . . . . . . . . . , . . . . . . . . . . . . , Liber ........................ Pag-e ,.................... On . . . . . . . . . . . . . . . . . . . . . . . . as devised under the Last Will and Testa ment of ....................................... or as distributee ..............,............ ............................................. ........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. The area of the land is ... .~4..02.:;j:..... acres. 6. All taxes which are liens on the land at the date hereof have heen paid.l!OOClq)tX............ ............................................... not 7. The land is",ncumbered.by ................... mortgage (s) as follows: ............................................ .......................................... (a) Mortgage recorded in Liher ......... Page ................. in original amount of $. . . . . . . . . . . . .. unpaid amount $ ...... . . . . . " held by ...................... . . . . . . . . . . . . .. address ............. .................................... (h) Mortgage recorded in Liber ..... Page ....................... in original amount of .............. unpaid amount $...... . . . . . . . .. held hy ...................... . . . . . . . . . . . . .. 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.~ ........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ 9. The land lies in the following zoning use districts .~.ql}.~ .A::~J.. .~g:r:i:/r.,"s............ ................................. ............................................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise. ~4 ~t .................................... ......................................... ] 1. The applicant shall at his expense install all required public improvements. ]2. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . f..~$h,,;r:s. .J;:;.l.i;lnO... . . .................................... ]3. Water mains will be laid by ... .N/l;.. ................................................ and (a) (no) charge will be made for iinstalling said mains. 14. Electric lines and standards will be installed by . );1/1\-................................... lines. ..................................... and (a) (no) charge will be made for installing said ]5. Gas mains will be installed by .N/.i'I.... .. . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. ...................... 16. ]f streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "E" hereto. to show same. Ii. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Higlnvay system, annex Schedule "e" hereto to show same. 18. There are no existing buildings or structures on the land ,vhich are not located and shown on the plat. 19. \Vhere the plat shows proposed streets which are extensions of street." on adjoining sub- division maps heretofore filed, there are 110 reserve strips at the end of the street.s on said existing maps at their conjunctions with the propos.ed streets. 20. In the course of these proceedings, the app lic3nt will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showi:lg all restrictions, covenants, etc. Annex Schedule "D". . . 22. The applicant estimates that the cost of grading and required public improvements will he $.. ~/.;... as itemized in Schedule "En 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 shov.,'n on Schedule "F", DATE ..........I11~f4..1:;3....... 19~~l .(N~:r;~.;(fJ!;l~~............ By ... .... ............ ............ ....... (Signature and Title) c/o Day, Berry & Howard Tl'lr~.~ . ~a~d~C!r]~ . S.g~.',!r.~ . . . . . . . . . . . . . . . . . (Address) Stamford , CT 06901-2599 CP IJJJEC:11CuT STATE OF },EW YORK, COUNTY OF .F. fHl!F.I.f'.l,.P.. . . . . . . . . . . . . . . . " ss: S7~It1Fotei:> On the... /;5 .~....... day of...... ./I1lfe.L:I:I..........., 19.f.r... before me personally came . R.P. ~f.K1. . ;Y" . t'1/L4-fff?,.. . . . . . . . . . . .. . to me known to be the individual descrihed in and who executed the foregoing instrument, and acknowledged that.. .J;,~...... executed the same. (:~ ~.' . Jt,... , :J; STA TE OF NEW YORK. COUNTY OF . . . . . . . . . . . . . .. . . . . . . . . . . . .. ss: On the ................ day ............ of .... . .. .. .. . ". 19....... before me personally came . . . . . . . . . . . . . . . . . .. to me known, who being by me duly sworn did de- pose and say that ............ resides at No. ..... .................,............................ ................... . . . . .. that .......................... is the .......... .................. of .................. ...................................................... the corporation described in and which executed t he foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. nnd that... ......... signed.............. name thereto by like order. Notary Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . March' . 1984 (JPD) . Robert J. Miller - Description of entire Subdivision A certain tract or parcel of land located at Fishers Island, Town of Southeld, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Easterly side of a proposed road 50 feet wide, said point being 3235.35 feet North of a point which is 2602.39 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence running North 65" 19' 16" East about 76 feet to the shore of Middle Farm~ Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about 525 feet; thence following said meanders Southeasterly about 142 feet; thence following said meanders South- westerly about 115 feet; thence South 66" 51' 17" West about 250 feet; thence North 84" 24' 11" West about 173 feet to a point on the shore line; thence running Southeasterly following the meanders of said shore line about 770 feet to an iron pipe; thence following said meanders of said shore line about 1650 feet; thence South 3" 15' 27" East about 436.4 feet to an iron pipe; thence South 34" 38' 18" West 289.32 feet to a drill hole; thence South 23" 23' 48" East 13.22 feet to an iron pipe; thence South 61" 05' 00" West 64.83 feet to an iron pipe; thence South 18" 43' 00" West 313.39 feet to a monument; thence South 49" 04' 00" West 82.29 feet to a monument at a point of curve to the left having a radius of 23.06 feet and the direction of whose radius at that point is South 40" 56' 00" East; thence running Southeastwardly following the arc of said curve for a distance of 36.17 feet; thence South 49" 12' 20" West 40.00 feet; thence North 40" 47' 40" West 48.85 feet to a point of curve to the left having a radius of 341.80 feet and the direction of whose radius at that point is South 49" 12' 20" West; thence running Northwestwardly following the arc of said curve for a distance of 127.00 feet to an iron pipe; thence North 62" 05' 00" West 83.65 feet to a point of curve to the left having a radlus of 170.26 feet and the direction of whose radius at that point lS South 27" 55' 00" West; thence running Westwardly following the arc of said curve for a distance of . . 164.78 feet to an iron pipe; thence North 23" 14' 22" West 729.36 feet to an iron pipe; thence North 4" 50' 40" West 202.32 feet along said aforementioned road line to a point of curve to the left having a radius of 208.57 feet and the direction of whose radius at that point is South 85" 09' 20" West; thence Northwardly following the arc of said curve 142.86 feet to the point of beginning. Containing 14.02 acres, ~ore or less. Together with a right of way over the road running Northerly from the herein described tract to the road leading to the East End. Together also with a right of way over a driveway running Southeast- erly from the Southeasterly end of the tenth line in the above described tract across land of Cushman to the existing driveway on said Cushman land, the center line of which is described as follows: Beginning at an iron pipe located 2521.32 feet North of a point which is 3580.44 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 23" 23' 48" East 115.28 feet; thence South 14" 47' 12" West 56.00 feet to the existing driveway. Together also with a right of way over the existing driveway to the roadway on the above described tract leading Northwesterly to the road to the East End. Together also with a right of way for a driveway lying partly on said Cushman land lying Northeasterly of and adjacent to the tenth line in the above described tract. Subject to rights of others over the existing road crossing the above described tract. Subject also to existing rights for electric lines and telephone lines crossing said premises. , . - . . Subject to a right of way 10 feet in width for the use and maintenance of a water line, the center line being described as follows: Beginnin~ at a point which 1S North 61" 05' 00" East about 20 feet from the Southwesterly end of the eleventh line in the above described tract and running thence South 80" 33' 00" West 79.90 feet; thence North 69" 17' 00" West about 773 feet to a point on the Southwest- erly line of the said above described tract. SubJect to a right of way in favor of others over a proposed road which lies Northeasterly of and adjacent to the sixteenth, seventeenth, eighteenth and nineteenth lines in the above described tract. \ 1 ) ~.i '" ), , ~ ~.... '~, l~i' ; \\I~ 1>~I'1 :'\Sl f-. , c_ 1- '.:} j\J ;'\j ,..1 ,- "'_''0 "--\) '- CJi i--,,-"---'-l , (\, j,~ i C) , , 1 .---1 I f\\ j '1'~J1 l "i ::-!l ,S~: r- \) '-10 , " IG I- I ~ ~' ....... 1'- ~ . . : . .. '(' L1BER 8288 PAGE 341 THIS INDENTURE, made the 1.4- day of ',;,'--1'-.--J-. , nineteen hundred and seventy-seven between FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co., 1251 Avenue of the Amer icas, in the Ci ty, County and State of New York, hereinafter called the grantor, party of the first part, and ROBERT J. MILLER of 450 Park Avenue, New York, New York hereinafter called the grantee, party of the second part: WITNESSETH, that the party of the first part, in consideration of Five Hundred Seventy-four Dollars ($574.00), 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, his heirs and assigns forever, ALL that lot or parcel of land, with the buildings and improvements thereon, in the Town of Southold, Suffolk County, State of New Y9rk, being a part of that portion of Fishers Island belonging to grantor (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 point on the Easterly side of a proposed road 50 feet wide, said point being 3235.35 feet North of a point which is 2602.39 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence running North 650-19'-16" East about 76 feet to the shore of Middle Farm Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about 525 feet; thence following said meanders Southeasterly about 142 feet; thence following said meanders South- westerly about 115 feet; thence South 660-51'-17" West about 250 feet; thence North 840-24'-11" West 223.32 feet to an iron pipe at said road line; thence along said road line North 40-50'-40" West 202.32 feet to a point of curve to the left having a radius of 208.57 feet and the direction of whose radius at that point is South 850-09'- 20" West; thence Northwardly following the arc of said curve 142.86 feet to the point of beginning. Containing 2.87 acres, more or less. Subject to a right-of-way for an electric 'nd telephone pole line, said line being located and des- cribed as follows: Beginning at a point on the first described line, said point being located North 650-19'-16" East 23.47 feet from the point of beginning of the above described tract and thence running South 230-29'-36" East 232.66 feet; thence South 320-45'-19" East about 166 feet. Together with a right-of-way over the existing roadway leading Southerly from the main road to the East End to and along the herein conveyed tract. . . ~ , lIBER 8288 PACE342 f together with the appurtenances, and all the estate and rights of the party. of the first part in and to said 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; ahd SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; RESERVING to the grantor herein 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 con- struction, operation and maintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor 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 the grantor, its suc- cessors or assigns, for the purpose of constructing or repairing any such pole line, pipe line or conduit, it shall become the duty of the grantor, 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. The grantor hereby grants and conveys to the party of the second part, his 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 grantor reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his 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 party of the second part by the acceptance hereof, his heirs and assigns, as a part of the consideration therefor: That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the neces- sary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively desig- nated as Homesites Nos. -2- . . ... j LlB[R 8'288 PAGE 343 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 structure erected thereon., and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighbor- hood. That from and after the date hereof, the grantee, his heirs, or assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns, an annual maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority of the acreage in the "Park," shall not exceed in anyone year $25. peir acre of the premises hereby conveyed, such charge to be applied to the maintenance and repair of roads, sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse, PROVIDED, HOWEVER, that the grantor, its suc- cessors or assigns, shall not be obligated to maintain or repair roads, sidewalks, sewers (except main trunk line sewers) and gutters on the premises herein conveyed; PRO- VIDED, FURTHER, that in no event shall the grantor be liable for any performance hereunder in excess of the amount collected by it pursuant to this paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters, or to the use or control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to time be found expe- dient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part; and the party of the first part hereby reserves to itself and its.assigns all the water rights upon the premises hereby conveyed. -3- . . f lIBER 8288 P^GE 34.\ The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage ori- ginating on said premises and further to install at the grantee's own expense, when so requested by the grantor, a lateral sewer connection with a main ~runk line sewer, if there shall be one on said premises, or if such trunk line sewer shall have bE!en brought to the property line of said premises. The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifi- cations for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor. The grantee hereby covenants and agrees that he will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams contiguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the land and premises hereby conveyed and all subsequent owners and occupants thereof, until April 15th, 1985, and thereafter from term to term of twenty years upon the consent of the owners of a major i ty in acreage of all land within the "Park". All rights and easements of access, implied or expressed, to the property herein conveyed shall be limited by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns. The rights reserved herein to the grantor, or to the grantor's successors or assigns, and the consent or approval of the grantor, its successors or assigns herein referred to, shall enure to, mean or require only the right or act of the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporation holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park." -4- . . " 'um8288 PAGE345 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 the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grantor subject to the covenants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park". PROVIDED, HOWEVER, that nothing in this deed contained shall limi t the right of the grantor, its successors or assigns, to set apart such part of its lands, situated within the aforesaid "Park," as it or they may deem sui table for golf courses, club houses, bathing 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 or interests in said lands. No appurtenant or other interests in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee 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: ~ ~~ r t:dl(J~ , Secretary FISHERS ISLAND DEVELOPMENT CORPORATION , By ~, , ' / ",' " Lt i It 1':'; J ''president; , ,/ I" II Ii . . .. lIBER 8288 rACE 346 STATE OF NEW YORK 55. : COUNTY OF NEW YORK On the 7..t- day of )Z,L~~--....[- , 1977, before me personally came JANSEN NOYES, JR. to me known, who, being by me duly sworn, did depose and say that he resides at No. 299 Hollow Tree Ridge Road, Darien, Connecticut; that he is the President of Fishers Island Development Corporation, the corporation described in and which executed the foregoing instrument; 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 the board of directors of said corporation, and that he signed his name thereto by like order. - ' (, /~I ~ ~~- '- i,"~'.J-/ Notairy Public yr' '," '-\'1 'York ,)- ~,..- ~'.I ~ " ~.,~~, 'f :-:::1-: 3':':;, 1977. \: : ) ./ ~ r I .::> .')' j :)( J IGr ~)-. / '../ !'~"., I' \ \\ q f\ I ' , II< C", c, I '.~("J17/ ) ~ . . . 't'-~ LIBER 8529 P1IGE 289 THIS INDENTURE, made the )5"<'1~ ;)1 day of , nineteen hundred and sev~nty-eight between JANSEN NOYES, JR. of 299 Hollow Tree Ridge Road, Darien, Connecticut hereinafter called the grantor, party of the first part, and ROBERT J. MILLER of 450 Park Avenue, New York, New York hereinafter called the grantee, party of the second part: WITNESSETH, that the party of the first part, in consideration of One Thousand One Hundred Dollars ($1,100.00), 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, his heirs and assigns forever, ~ (( :w:'~ 1"',~ \:-:yf i:~ S~2 w't.~ ALL that lot or parcel of land, with the build- ings and improvements thereon, in the Town of Southold, Suffolk County, State of New York, being bounded and described as follows: Dist. 1000 Sec. ()08()1) Block 01<:>0 Lot pt.004t\oo Beginning at an iron pipe at the Northwest- erly corner of the herein described tract, said iron pipe being located 2906.25 feet North of a point which is 2677.50 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation "NIN" and thence running South 230 14' 22" East 729.36 feet to an iron pipe at a point of curve to the right having a radius of 170.26 feet and the direstion of whose radius at that point is South 27 32' 10" East; thence running eastwardly following the arc of said curve for a dissance of 164.78 feet to a point; thence South 62 05' 00" Egst 83.65 feet to an iron pipe; thence North 22 09' 48" East 392.84 feet to an iron pipe at the shore of Middle Farms Pond; thence running Northwest- erly following the meanders of said shore line about 770 feet to a point on the southerly boundary line of other land of this Grantee; o thence North 84 24' 11" West about 50 feet to the point of beginning, abutting Northerly on said other land of this Grantee. r..,t-i ~ "1"~ ( 1-,'. - Containing 5.50 acres, more or less. C f/.~d'_._~- \ '. [(:.:'.'i I. ......:- Together with aright of way over the road running Northerly from the herein described tract to the road leading to the East End. j__~'d_ (,' ;. l:~- " I , I. I \ \ \ .,.~~.' Subject to any rights of others over the exist- ing dirt road crossing the above described tract, or, at the option of the Grantee, his heirs and assigns, over another dirt road crossing the premises in another location provided, however, that such other dirt road is located by the grantee, or his heirs or assigns in such a manner as to provide access similar to that provided by said existing dirt road. [--- '" .,- . \ \ ."' ,r rr.. f :,,: :,;r:-~," to ...,...... h.':' ~'~;~') ~_',F, ..- - Subject also to existing rights for electric pole line, telephone line and water service lines crossing said premises. -~ ''-, \', . . -.- LlBER 8529 PALE 29U together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; SUBJECT to any state of facts an accurate survey may show; and SUBJECT to the covenants, agreements, restric- tions, easements, rights, grants, and declarations con- tained in a certain deed of the premises from Fishers Island Development Corporation, a New York corporation, to the grantor dated January 30, 1978, and recorded in the Suffolk County land records simultaneously herewith and all other 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; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs and assigns forever. 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. .~~ i I .' ',' {' i .I ! ,', c~ / ,'I . ,Ii f~:"-. I v.. , Jansen Noyes, Jr. ~~-6J~ . Wi tness E(n...o...beK,. C. o vELf'tN)) ,I . . . " .,- lIBER8529 PAGE291 STATE OF NEW YORK COUNTY OF NEW YORK On the:-~"!,A.?--day of ~rV , 1978, before me personally came JANSEN NOYES, JR. of 299 Hollow Tree Ridge Road, Darien, Connecticut, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. l ~' .J~' ~~"-'- ~........ ____ '~.J~<,).- NO,tary Public JULIA E. !'JEfES Notary Public, Stcte of New York No. 31.3076325 Qualified in New York County Commi~sion Expires March 30, 1979 ( .... > . .... ~.cR 8696 r~CE lOG i .0 ,r ,. , THIS INDENTURE, made the rJ-~fr.. day of vt.....,..--.-v , nineteen hundred and seventy-nine between JANSE!N NOYES, JR. of 299 Hollow Tree Ridge Road, Darien, Connecticut, hereinafter called the grantor, party of the first part, and ROBERT J. MILLER of 15 Farrell Road, Weston, Connecticut, hereinafter called the grantee, party of the second part: WITNESSETH, that the party of the first part, in consideration of One Thousand Seven Hundred Fifteen Dollars ($1,715.00), 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, his heirs and assigns forever, /. q~\'{ill ~\ A'" , ,- '~",' /.",,",-,~,~, ~~")0 / ALL that lot or parcel of buildings and improvements thereon, Southold, Suffolk County, State of New bounded and described as follows: land, with in the Town York, being the of Dist. 1000 Sec. 008 <f1) Block 0 lITO Lot pt. 004 ()06 (PIc) 1"- b c.c C" '-. \ "'. '\ Beginning at an iron pipe at the Southwesterly corner of the herein described tract, said iron pipe being located 2196.38 feet North of a point which is 3197.62 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and running thence North 22" 09' 48" East 392.84 feet to an iron pipe at the shore of Middle Farms pond, thence following the meanders of said shore line about 1,650 feet, thence South 3" 15' 27" East about 594 feet to an iron pipe at land of Cushman; thence South 61" 05' DO" West 256.93 feet to an iron pipe, thence South 18" 43' 00" West 313.39 feet to a monument, thence South 49" 04' 00" West 82.29 feet to a monument at a point of curve to the left having a radius of 23.06 feet and the direction of whose radius at that point is South 40" 56' 00" East, thence running Southeastwardly following the arc of said curve for a distance of 36.17 feet, thence South 49" 12' 20" West 40.00 feet, thence North 40" 47' 40" West 48.~5 feet to a point of curve to the left having a radius of 341.80 feet and the direction of whose radius at that point is South 49" 12' 20" West, thence running Northwestwardly following the arc of said curve for a distance of 127.00 feet to the point of beginning. Containing 6.0 acres, more or less. way over the road herein described the East End. Together with a right of running Northerly from the tract to the road leading to "-. ~. ') c ' ~ ',)t'1"i:jl.J 1 IVED S 1 ~u , RE~AC[ST:' SEP 1 81979 TRANSFER TAX SUFFOLK COU Nl '{ ( .... . ... 1I~~;8696 pm 101 Subject to rights of others over the existing road and existing driveway crossing the above described tract, or at the option of the grantee, his heirs and assigns, over another dirt road crossing the premises in another location; provided, however, that such other dirt road is located by the grantee or his heirs or assigns, in such a manner as to connect with all then existing driveways connecting with said existing road and other- wise provide access similar to that provided by said existing road. Subject also to electric pole lines crossing said premises. existing rights for and telephone lines Subject to a right of way 10 feet in width for the use and maintenance of a water line, the center line beng described as follows: Beginning at a point which is North 610 OS' 00" East about 20 feet from the Southwesterly end of the fourth line in the above described tract and running thence South 800 3D' 00" West 79.90 feet; thence North 690 17' 00" West about 135 feet to a point on the Northwesterly line of the said above described tract. together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, agreements, restrictions, easements, rights, grants, and declarations contained in a certain deed of the premises from Fishers Island Devel- opment Corporation, a New York corporation, to the grantor dated January 30, 1978, as amended by a certain Correction Deed from said Fishers Island Development Corporation to the grantor of even date herewith and all other covenants, restrictions, easements, rights, grants and declarations of record, if any, and easements for use of public utili- ties; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year first above written. :(-~'(" , ,_l .-0 (7.1" \ " .. \,,- / wi tness , ,---~1it!::~/~~ \ ,(~_ J..."t ;-<~/'i'jj(..' Jansen I"s. " _ " I_/.-' 1:'Lf /, ' Noyes, J'r. .J ; J' .'"""'" . " .. I LiRU:869B r~CE 102 STATE OF NEW YORK ss. : COUNTY OF NEW YORK On the q r-i- day of &LO ' 1979, before me personally came JANSEN NOYES, JR. of 299 Hollow Tree Ridge Road, Darien, Connecticut, to me known to be the individual described in and who executed the foregoing instrument, and he acknowledged that he executed the same. , i............-t~~---- "-- r ,_I.. l-~J Notary Public '. JULIA E. PETES Notary Public, Sta~e of New York No. 31-3076325 Qualified in New York County Commission Expires March 30,1981 ------ ~/ --- -,' . . CONSERVATION EASEMENT THIS EASEMENT is made as of the day of 198 , by and between of ("Grantor"), and the HENRY L. FERGUSON MUSEUM of Fishers Island, New York ("Grantee"). WIT N E SSE T H: WHEREAS, Grantee is a public charity whose purposes include the conservation and protection of environmental systems; and WHEREAS, Grantor is owner in fee simple of certain real estate which in its present and propos,ed state contains a significant natural habitat in which fish, 'wildlife or plant communities or similar ecosystems normally live and which Grantee desires and commits itself to conserve and protect. NOW THEREFORE, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, paid by Grantee to Grantor, receipt of 'which is hereby acknowledged, and in consideration of the covenants and undertakings hereinafter set forth, Grantor does hereby give, grant, bargain, sell annd confirm unto Grantee a conservation easement and right in perpetuity (the "Easement") in, over and to certain real property located on Fishers Island in the Town of Southo1d,County of Suffolk and State of New York, as more particularly described in Exhibit A attached hereto and made a part hereof (-the "Land") of the nature and character and to the extent hereinafter expressed, for the purpose of protecting the natural habitat therein. , , it . . .. -2- 1. Grantor covenants and agrees that he shall maintain the Land for conservation purposes and shall not himself or permit others to use the Land for any purposes whatsoever which would be inconsistent with the preservation and protection of its natural habitat. The following activities shall be deemed to be inconsistent with the conservation purposes of this Easement. (a) Erection of any buildings. billboards, commercial signs or any other structures; (b) Filling, excavating, removing soil or sand or gravel or rocks or minerals, constructing site improvements or changing the topography of the Land in any manner which would be detrimental to or which could adversely affect the conservation purposes of this Easement; (c) Toleration of vehicular traffic over the Land other than over roads and paths necessary for access to adjoining properties, including the use of snowmobile,s, motorcycles, all-terrain or other off-road vehicles; and (d) Any other action, practice or use which could be detrimental to or which could adversely affect the preservation and protection of the natural habitat of the Land. Because a signi ficant. portion of the habitat Grantor and Grantee wish to protect consisl:s of open land which has been maintained as such, the cuttin<j of trees or brush, mowing, " . . -3- cuI tivation or planting of the ]l.and from time to time by the Grantor shall not in and of itself be deemed to be inconsistent with the conservation purposes of this Easement. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties, shall not in and of themselves be deemed to be inconsistent with the conservation purpose of this Easement. 2. Grantor hereby covenants and agrees that Grantee shall: (a) Enforce any and all provisions of this Easement against all persons, including, without limitation, Grantor. (b) Enter the Land at reasonable intervals for the purpose of inspecting and insuring that the Land is protected and maintained in accordance with the provisions hereof. 3. If at any time Grantee determines that there exists a violation of this Easement, caused directly or indirectly by the Grantor, Grantee shall notify Grantor in writing. If the violation has not been corrected wi thin t.hirty (30) days of said notice, Grantee may institute a suit to enjoin by temporary and/or permanent injunction such violation, or for damages for breach of covenant, or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants and purposes of this Easement; provided, however, that any failure so to act by Grantee shall not be deemed to be a waiver or a >.( . . -4- forfeiture of the right to enforce any term, condition, covenant or purpose of this Easement in 'the future. Grantee also may cause the restoration of the Land to its condition at the time of this donation. The cost of any legal action brought to enforce the terms of this Easement and the cost of any restoration of the Land, including attorney fees, shall 'be borne by Grantor. 4. The granting of this Easement is not intended to permit or in any way give the public the right to enter upon the Land for any purpose. 5. This Easement shall run with the Land in perpetuity and the terms hereof and the covenants and agreements herein contained shall apply to and be forever binding upon the respective heirs, successors and assigns of Grantor and Grantee. 6. Grantor shall execute any additional instruments which Grantee reasonably requires in order to carry out the purposes of this Easement. 7. If for any reason the granting of this Easement fails to qualify as a charitable contribution allowable as a deduction under the Internal Revenue Code of 1954, as amended, Grantor may terminate any and all interests created by this Easement. 8. Grantee is prohibited from subsequently transferring this Easement, or any interest created by this Easement, whether or not for consideration, unless Grantee requires, as a condition of the subsequent transfer, that the conservation purpose for which the Easement is being granted continues to be carried out. ... . . . -5- Moreover, Grantee may only subsequently transfer this Easement to a charitable organization qualifying, at the time of the subsequent transfer, as an eligible donee under section 170(h)(3) of the Internal Revenue Code of 1954, as amended, and the applicable regulations promulgated thereunder or any applicable successor provisions and the regulations promulgated thereunder. 9. The use of the singular or plural form shall include the plural or singular form and the use of any gendE,r shall include all genders, as the context may require. 10. Grantor agrees that reference to this Easement shall be made in any subsequent deed, or other legal instrument, by means of which he conveys any interest in the Land and that he shall attach a copy of this Easement thereto. IN WITNESS WHEREOF, Grantor has executed or caused this Easement to be executed as of ,the day and year first above written. Dated: , 1983 . , "'. , " . . -6- The HENRY L. FERGUSON MUSEUM hereby accepts this Conservation Easement and .commits itself to the protection of the conservation purposes expressed therein and to the enforcement of the restrictions contained herein: HENRY L. FERGUSON MUSEUM Dated: ,1983 By: Its STATE OF ) ) ss. ) COUNTY OF On the day of , 198 , before me personally came --- ~~me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public My Commission Expires [Apply seal here] STATE OF Connecticut) ) ss. COUNTY OF ) On the day of , 1983, before me personally came Charle~ Ferguson to me known, who being by me duly sworn, did depose and say that he resides at 33 Farmstead Lane, Farmington, Connecticut, that he is the President of the Henry L. Ferguson Museum, the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the board of directors of said corporation. Notary Public My Commission Expires [Apply seal here] !"'T"'!rT leiS: . "...l " ~ - (0) 111 c>rut:r to on:OI;;,r the C1u,,~tio,,~ in thi~ ~hort E^F it is os:; lh~l lhe prcporcr I.ill uS0.currently ovoi10blo infor~ot10n concerning pro j eel () n c1 I h t: 1 i!: (: I; i r.1,' act ~ 0 f t h c 0 c l i ('J n . I tis not ex p e c t e cl tho t oc'ditior.ol stuuir:~., re:i(:crch or olhur investigations \'Iill be:: unuertake (,,) I f on; C1uo:c.ti:'n hos bee;) ans",u1"eu Ye:; the prC'ject may be 5iSnif icon: -Qn-=-! 0 c(,)::l;)l(~tcc1 E:1vironf7l2ntul ^S5~5sr.;!;:n-: Form is. nccc.:isory (c) If all qw"slione have lot"n on:;\'fercd IJo it is likely that thi .' l". r . 4- proj~cL .lS ~ :>.19:11. .l.ccnl.-. ( C ) En 'I i 1" 01)1":1 = n : c 1 1\ s ~ c ~. ~J,1 ~ 11-:' ! ,---- --- 1. \~~ll p~.oj~ct result in u lorge physical cl,cnsc to ihe; r;-ojc:cl zitc or p~ysicclly alter more U. " n 1 0 () C rue of llnd?....................... Yes ~ N \1 i 11 t1, c r,' b" a In n j 0 l' C h" n" c to (J n y un 1 que or - 'UI.ueusl loc;C! for m founu "n th" 51 te?. ........ Yes x N \-fill p:-ojcct alter 0:- hc'lc u larGe effect On - - czistinu DOc.!y of wot~r?............................. Yes x N -'- \1ill p~ojcct hov~ 0 put~nlially lors~ impact .. . on Ofounej',;cl1.c:r Cjt.:olit)'?"~~._~...~~....~....... 'lcs~xJN, '",' i 11 p r :> j C c t s i S n i r ice n 1.1 y c f fc r. t c! r 0 i n C :J e . - _.~ flent On (;cJjuc~nt sitc::.?~~._~~........~........~ Yes x N, \','ill proj",ct affect 0")' threntenc:u Dr - -- cnc..!Cln~!.:rcc.l plCJn~ or on':'r.1C11 ~'Fccics?. ~........ Yes X N{ \'Ii 11 p r ('J j e :: t res LJ 1 tin a rn 0 j C' r a J v e ~ see f f e c: t . -:- . ~ on oil' quali-t)'?................................ Yes xN, \'fill prnjc.:ct hc:vc: () l7I':ljor effect on visual . - - c h (; r c c t c r 0 f the c () ~.1,'7l U n i ~ Y 0 r .5 c. c n i c vi (: \'I S 0 r vi:; to:-. known to' be impaTiont to the- comr:lunity? "Yes x- Nt llill lJrojcct o"\'c1":.",l)' i:opGcl any site o~ - ~ :; t rue -t u reo f h i~. t () 1" i C J pre 11 i ~ tor i C 0 1- ~ P u.1 con t () 1 e, U i C (j 1 i In r 0 r t 0;; C co 0 r 0,1 Y sit c (!c;~is.;ncJ-:(;c.J us 0 c.riticul cl1\'ironr.:clltol urea uy 0 lccul o9"'n::y?.............,........,............. Yes x t'l, \'Iill f'roj,'cl hove 0 major effect an existin!J - -- () r f u t u r ere c r (~() i ion C)) 0 p p 0 r tun i 1. i c ~ ? . . . . . . . . . Yes x N [ I.'.lll project result in ,"ojor traffic proulems - - o~ COl'~C a major effect to existing t '.0 n r. i''' r tot i c> n :; y 5 I ~ r;1:- ? . . . . . . . . . . . - . . . . . . . . . . . _ Yes iN, Will p~('Jject reculorly cou:;u objec-tion~ble O(!OTS, noi5C:J glare, vibrution, or electrical d is t u l' I",,, ceo:; 0 res u 1 t 0 f the Fro j '" c t's operolian?..................................... Yes x Nt \'Iill pruj(;ct I,ove 011)" iC'i)oct u;) public health - - "1' . so r (: l y? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes x Nc \'Iill prujucl CJrfcct th~ existin~l c",,:r:lUnity by - directly cousino (J ~ro"fth in pcrrr.cnc.:nt pO?I,lotion of mo'-e thon 5 percent ovcr 0 on(; )"(:(;1' period or hove: a ",ojor ncgot.lve effect on the char~'ct(:r ,oi t.h~ co:.1mllnity or n(:iOhl.,"r!JOud?...................... _........ ._Yes X Nc I:. t}-~ c.: J. c.- f> U L .1 ice .:) n t r 0 \' C' r S y cO IJ [" ern i I) G t h c: f' ,. u j c ct.! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /JhP7' .It' h PP.Ei'idtEP.' S S) G:l:, T u.:[__~__{~ /1'1/#-, REf'P.[S[UTI1~G ~' lCJ. 11. 12. 1', .). 11,. 15, :.',~; \ I ,(_ t\::':::::}':', ~:,:~" i \I. 1.1 . 2. 3 . .1,. 5. (, . 7. c. 9 . _Yes x lh D,\ TE A,.,~ n, if!'! , .- , . March 22, 1984 . (JPD) Robert J. Miller - Description of entire Subdivision A certain tract or parcel of land located at Fishers Islcnd, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Easterly side of a proposed road 50 feet wide, said point being 3235.35 feet North of a point which is 2602.39 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence running North 65" 19' 16" East about 76 feet to the shore of Middle Farms Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about 525 feet; thence followlng said meanders Southeasterly about 142 feet; thence following said meanders South- westerly about 115 feet; thence South 66" 51' 17" West about 250 feet; thence North 84" 24' 11" West about 173 feet to a point on the shore line; thence running Southeasterly following the meanders of said shore line about 770 feet to an iron pipe; thence following said meanders of said shore line about 1650 feet; thence South 3" 15' 27" East about 436.4 feet to an iron pipe; thence South 34" 38' 18" West 289.32 feet to a drill hole; thence South 23" 23' 48" East 13.22 feet to an iron pipe; thence South 61" 05' 00" West 64.83 feet to an iron pipe; thence South 18" 43' 00" West 313.39 feet to a monument; thence South 49" 04' 00" West 82.29 feet to a monument at a point of curve to the left having a radius of 23.06 feet and the direction of whose radius at that point is South 40" 56' 00" East; thence running Southeastwardly following the arc of said curve for a distance of 36.17 feet; thence South 49" 12' 20. West 40.00 feet; thence North 40" 47' 40" West 48.85 feet to a point of curve to the left having a radius of 341.80 feet and the direction of whose radius at that point is South 49" 12' 20" West; thence running Northwestwardly following the arc of said curve for a distance of 127.00 feet to an iron pipe; thence North 62" 05' 00" West 83.65 feet to a point of curve to the left having a radius of 170.26 feet and the direction of whose radius at that point is South 27" 55' 00" West; thence running Westwardly following the arc of said curve for a distance of . . 164.78 feet to an iron pipe; thence North 23" 14' 22" West 729.36 feet to an iron pipe; thence North 4" 50' 40" West 202.32 feet along said aforementioned road line to a point of curve to the left having a radius of 208.57 feet and the direction of whose radius at that point is South 85" 09' 20" West; thence Northwardly fOllowing the arc of sa,id curve 142.86 feet to the pOlnt of beginning. Containing 14.02 acres, more or less. Together with a right of way over the road running Northerly from the herein described tract to the road leading to the East End. Together also with a rlght of way over a driveway running Southeast- erly from the Southeasterly end of the tenth line in the above described tract across land of Cushman to the existing driveway on said Cushman land, the center line of which is described as follows: Beginning at an iron pipe located 2521.32 feet North of a point which is 3580.44 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 23" 23' 48" East 115.28 feet; thence South 14" 47' 12" West 56.00 feet to the existing driveway. Together also with a right of way over the existing driveway to the roadway on the above described tract leading Northwesterly to the road to the East End. Together also with a right of way for a driveway lying partly on said Cushman land lying Northeasterly of and adjacent to the tenth line in the above described tract. Subject to rights of others over the existing road crosslng the above described tract. Subject also to existing rights for electric lines and telephone lines crossing said premises. . . . Subject to a right of way 10 feet in width for the use and maintenance of a water line, the center line being described as follows: Beginning at a point which 1S North 61" 05' 00" East about 20 feet from the ~outhwesterly end of the eleventh line in the above described tract and running thence South 80" 33' 00" West 79.90 feet; thence North 69" 17' 00" West about 773 feet to a point on the Southwest- erly line of the said above described tract. SubJect to a right of way in favor of others over a proposed road which lies Northeasterly of and adjacent to the sixteenth, seventeenth, eighteenth and nineteenth lines in the above described tract. " ., . March. ' 1984 (JPD) 'd / N. 'V'v ~~\i,~~~1'I \\,~,,:?C j)~;tP rl"Jl) v Ycj\~ Y>i Robert J. Miller - Description of entire Subdivision A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point on the Easterly side of a proposed road 50 feet wide, said point being 3235.35 feet North of a point which is 2602.39 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN", and thence running North 65" 19' 16" East about 76 feet to the shore of Middle Farm:; Pond; thence following the meanders of said shore line in a Southeasterly and Northeasterly direction about :;25 feet; thence following said meanders Southeasterly about 142 feet; thence following said meanders South- westerly about 115 feet; thence South 66" 51' 17" West about 250 feet; thence North 84" 24' II" West about 173 feet to a point on the shore line; thence running Southeasterly following the meanders of said shore line about 770 feet to an iron pipe; thence following said meanders of said shore line about 1650 feet; thence South 3" 15' 27" East about A36.4 feet to an iron pipe; thence South 34" 38' 18" West 289.32 feet to a drill hole; thence South 23" 23' 48" East 13.22 feet to an iron pipe; thence South 61" 05' 00" West 64.83 feet to an iron pipe; thence South 18" 43' 00" West 313.39 feet to a monument; thence South 49" 04' 00" West 82.29 feet to a monument at a point of curve to the left having a radius of 23.06 feet and the direction of whose radius at that point is South 40" 56' 00" East; thence running Southeastwardly following the arc of said curve for a distance of 36.17 feet; thence South 49" 12' 20" West 40.00 feet; thence North 40" 47' 40" West 48.85 feet to a point of curve to the left having a radius of 341.80 feet and the direction of whose radius at that point is South 49" 12' 20" West; thence running Northwestwardly following the arc of said curve for a distance of 127.00 feet to an iron pipe; thence North 62" 05' 00" West 83.65 feet to a point of curve to the left having a radius of 170.26 feet and the direction of whose radius at that point is South 27" 55' 00" West; thence running Westwardly following the arc of said curve for a distance of ~ -< . . 164.78 feet to an iron pipe; thence North 23" 14' 22" West 729.36 feet to an iron pipe; thence North 4" 50' 40" West 202.32 feet along said aforementioned road line to a point of curve to the left having a radius of 208.57 feet and the direction of whose radius at that point is South 85" 09' 20" West; thence Northwardly following the arc of said curve 142.86 feet to the point of beginning. Containing 14.02 acres, more or less. Together with a right of way over the road running Northerly from the herein described tract to the road leading to the East End. Together also with a right of way over a driveway running Southeast- erly from the Southeasterly end of the tenth line in the above described tract across land of Cushman to the existing driveway on said Cushman land, the center line of which is described as follows: Beginning at an iron pipe located 2521.32 feet North of a point which is 3580.44 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 23" 23' 48" East 115.28 feet; thence South 140 47' 12" West 56.00 feet to the existing driveway. Together also with a right of way over the existing driveway to the roadway on the above described tract leading Northwesterly to the road to the East End. Together also with a right of way for a driveway lying partly on said Cushman land lying Northeasterly of and adjacent to the tenth line in the above described tract. Subject to rights of others over the existing road crossing the above described tract. Subject also to existing rights for electric lines and telephone lines crossing said premises. . . Subject to a right of way 10 feet in width for the use and maintenance of a water line, the center line being described as follows: Beginning at a point which is North 61" 05' 00" East about 20 feet from the Southwesterly end of the eleventh line in the above described tract and running thence South 80" 33' 00" West 79.90 feet; thence North 69" 17' 00" West about 773 feet to a point on the Southwest- erly line of the said above described tract. Subject to a right of way in favor of others over a proposed road which lies Northeasterly of and adjacent to the sixteenth, seventeenth, eighteenth and nineteenth lines in the above described tract. . [v,1t..: ~. , ; ,j;~4 ",,.,v . j,'. Counsellors at Law Stamford. Hartford and Hoston Three L:mdmark SqUdH: Stamford Connecllcut 06~)Q12599 Telephone (203) :J48-3810 Telex mY321 DAY, BERRY & HOWARD March 13, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: This letter is offered to provide supplemental facts concerning my application for approval of a minor subdivision on Fishers Island. As noted on the sketch plan, the 14.2 acre property was acquired by three separate conveyances in 1977, 1978, and 1979. Under the proposed subdivision, the dimensions of lot 1, acquired in 1977, remain unchanged, and I was unclear as to whether this 2.87 acre lot is required to be included in the subdivision. Of the remaining 11.33 acres, we wish to comply with a request of the Henry L. Ferguson Museum to dedicate roughly 5.6 acres to a nature sanctuary by a perpetual conservation easement, and to confirm that two legal building sites remain (lots 2 and 3). Lots 2 and 3 and the conservation property were acquired from Jansen Noyes, Jr. in 1978 and 1979. Mr. Noyes acquired these properties from Fishers Island Development Corporation (the "Corporation"). No restrictions in the chain of title bear on the proposed subdivision except a ,provision in the deed from the Corporation to Mr. Noyes dated January 30, 1978, as corrected, which provides that no residence may be erected on any lot that consists of less than two acres of the premises. A copy of this deed is attached. Lots 2 and 3 are over two acres in area. With respect to access, an existing private road serves lots 1 and 3, and this road will connect to lot 2 by an existing =ight of way over property owned by Cushman. No additional b'uildable property is served by this road south of lot 1 except our property. All adjoining property either has access by other routes or is committed t.O conservation purposes. I" .0. <_1 DAY. BERRY & ,OWARi .. Southold Town Plannin<.:'J: ~( March 13> 19B4 Page "1 Wi tr"l reSpt?c+ ,,':;e <.. ~ "(; t",::; ,f eJectric serVlce is rl p ac~' W1r '-es;)p 18 readil,y accessablf C}1r wi tY: respeC'l sarlI I_dry 'Jt1C C)\.:: al; thref,: lot:s dr~'~ WE~1\_:U\< ')Cj(~ sites on eac}' enjo)' eJev2 lon 0VeJ e~- has more water frontagt. ~ t.han lots;: and. "iaf~ ;)ce! ""X<:1Jn1 ne,,j 'ti( (,'pc EnvironmentaJ Conservat 0 an:] 1)uildin~ 0er~ 0109 for const,rUCi::1CH' "J ';;e,':i_sonal dwe' t-, on lot 1 was issue() by perm idministl March 1 i 1977 Ora buil.cLU1C:1 (! ;~lns ;,~,'hangf.~d ,I expired, but It is gaoe eVldecce ,:yf h,;' ,dl"n since conditjons t-h+' ~"m,:j ~'.3;Ll Please let me Know .an ~j 1;) information, You,:" pi:-omp ,;1': C:t'JOldr; e;I!:': appl ication would be grea dpprec'i.,:) t. e'" >l ':i;' {;) /~~ R.Obf~ RJM: 1m ',--~ DAY, BERRY & HOtARD . U/3 3w.m1L~ .- March 13, 1984 EXPRESS MAIL Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Enclosed please find the following materials in conjunction with my application for approval of a minor subdivision of my property on Fishers Island. 1. Six (6) copies of sketch plan. 2. $100 fee ($25 for each of the three proposed lots and $25 for the proposed conservation area). 3. Letter regarding drainage and road construction. 4. Short Environmental Assessment Form. 5. Legal description of property. 6. Letter providing supplemental facts concerning requested subdivision (with exhibit). 7. Application for Approval of Plat (wi th exhibits). If anything further is required to complete this application, please let me know. Kindly set this application down for the next possible meeting of the Board. Please advise me of the date and time of the meeting. I would also appreciate the opportunity to discuss whether my attendance is likely to be helpful. Thank you for your help. Very truly yours, ROb~~ cc: Mr. James Wall RJM: 1m DAY, BERRY & HOtARD . March 13, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Miller Subdivision Gentlemen: The following sta tememts are offered for your consideration in the review of the above-mentioned minor subdivision and its referral teo the Suffolt-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 existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, ... ROb~~ DAY, BERRY & H~ARD . March 13, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: This letter is offered to provide supplemental facts concerning my application for approval of a minor subdivision on Fishers Island. As noted on the sketch plan, the 14.2 acre property was acquired by three separate conveyances in 1977, 1978, and 1979. Under the proposed sUbdivision, the dimensions of lot 1, acquired in 1977, remain unchanged, and I was unclear as to whether this 2.87 acre lot is required to be included in the subdivision. Of the remaining 11.33 acres, we wish to comply with a request of the Henry L. Ferguson Museum to dec'licflte roughly 5.6 acres to a nature sanctuary by a perpetual conservation easement, and to confirm that two legal building sites remain (lots 2 and 3). Lots 2 and 3 and the conservation property were acquired from Jansen Noyes, Jr. in 1978 and ]979. Mr. Noyes acquired these properties from Fishers Island Development Corporation (the "Corporation"). No restrictions in the chain of title bear on the proposed subdivision except a provision in the deed from the Corporation to Mr. Noyes dated January 30, 1978, as corrected, which provides that no residence may be erected on any lot that consists of less than two acres of the premises. A copy of this deed is attached. Lots 2 and 3 are over two acres in area. With respect to access, an existing private road serves lots 1 and 3, and this road will connect to lot 2 by an existing right of way over property owned by Cushman. No additional buildable property is served by this road south of lot 1 except our property. All adjoining property either has access by other routes or is committed to conservation purposes. DA''l'' BERRY & HOWARD . . Southold Town Planning Board March 13, 1984 Page 2 'With respect to utilities, underground telephone and electric service is in place ..d th respect to lots 1 and 3, and is readily accessable from Lot 2. With respect to sanitary and ecological considerations, all three lots are well above flood plain, and the building sites on each enjoy elevations of over 20 feet. Lot 1, which has more water frontage relative to its area and lower elevation than lots 2 and 3, has been examined by the Department of Environmental Conservation, and building permit No. FW 15279- 0109 for construction of a seasonal dwelling and septic system on lot 1 was issued by permit administrator Daniel J. Larkin on March 1, 1977. Our building plans changed and the permit expired, but it is good evidence of the suitability of the lot since conditions in the area remain unchanged. Please let me know if I can provide any further information. Your prompt and favorable consideration of this application would be greatly appreciated. Sincerely yours, 12mA,k ROb~r: -1. ~iller RJM: 1m . Dist. Sec. Block 1000 8 1 Lot pt. 4 . . THIS INDENTURE, made as of the 30th day of January , nineteen hundred and seventy-eight between FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co., 1251 Avenue of the Amer icas, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and JANSEN NOYES, JR. of 299 Hollow Tree Ridge Road, Darien, Connecticut, hereinafter called the grantee, party of the second part: WITNESSETH, that the party of the first part, in consideration of Seven Thousand Four Hundred Eighty Two Dollars ($7,482.00), 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, his heirs and assigns forever, ALL that lot or parcel of land, with the buildings and improvements thereon, in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (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 on the Southwesterly line of a road at the most easterly corner of land of Walter G. Rafferty, said monument being located 910.90 feet South of a point which is 2588.37 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station .CHOCOMOUNT 2" and thence running South 240 41' 20" West 247.4 feet to a monument; thence South 240 41' 20" West 15.0 feet to the shore of Middle Farms Pond, these two lines abutting Northwesterly on said Rafferty land; thence following the meanders of said shore line Southerly, Southwesterly, Northwesterly and Northeasterly about 3900 feet to land of Robert J. Miller; thence South 660 51' 17" West about 250 feet; thence North 840 24' 11" West 223.32 feet to an iron at the Easterly line of a road, these last two lines abutting Northwesterly and Northeasterly on said Miller land; thence Southeasterly in a straight line about 800 feet to the Northwesterly corner of land of John W. Hanes to a point of curve to the right having a radius of 170.26 feet and the direction of whose radius at that point is South 27" 32' 10" East; thence Eastwardly following the arc of said curve 164.78 feet to a monument; thence South 62Q OS' 00" East 83.65 feet to a point of curve to the right having a radius of 341. 80 feet and the direction of whose radius at that point is South 270 55' 00" West; thence Southeastwardly following the arc of said curve 127.0 feet; thence Southeasterly . . .. 48.85 feet, these last four lines abutting Southerly and Southwesterly on said Hanes land; thence Northeasterly crossing a proposed road 40 feet to a point of curve to the right having a radius of 23.06 feet and the direction of whose radius at that point is North 490 12' 20. East; thence Northwardly following the arc of said curve 36.17 feet to a monument; thence North 490 04' 00" East 82.29 feet to a monument; thence North 180 43' 00. East 313.39 feet to an iron; thence North 610 OS' 00" East 403.28 feet; thence North 67" 45' 00" East 146.60 feet; thence South 790 01' 00" East 118.80 feet; thence North 670 54' 00" East 90.07 feet; thence South 830 36' 00. East 64.35 feet; thence South 590 33' 00" East 70.37 feet; thence South 130 35' 00" East 23&.90 feet to the shore of Block Island Sound, these last ten lines abutting Easterly, Southeasterly and Southwesterly on other land of said Hanes; thence following the meander s of said shore line Northeasterly about 766 feet to land of Margot B. Maw; thence North 200 14' West 92.10 feet to an iron at the shore of Treasure Pond, abutting Northeasterly on said Maw land; thence following the meanders of said shore line Westerly, Northwesterly, Northerly and Northeasterly about 1520 feet to land of Elizabeth Christian Hunter; thence North 50 48' 30. West 70 feet to a monument; thence North 430 53' 50" West 171.26 feet; thence North 230 52' 50" East 25,.11 feet to a point of curve to the right having a radius of 64.96 feet and the direction of whose radius at that point is South 660 07' 10" East; thence Northeastwardly following the arc of said curve 19.59 feet; thence North 4JLO 09' 25" East 56.50 feet to a point of curve to the left having a radius of 428.54 feet and the direction of whose radius at that point is North 480 50' 35" West; thence Northeastwardly following the arc of said curve 24.51 feet; thence South 770 51' 30" East 151. 28 feet; thence Nor th 280 03' 30" East 82.35 feet to a monument; thence North 90 04' 00" East 230.70 feet to a monument; thence North P 12' 20" West 138.87 feet to a monument at a point of curve to the right having a radius of 44.71 feet and the direction of whose radius at that point is North 880 47' 40" East; thence Northwardly following the arc of said curve 52.84 feet to a monument; thence North 660 30' 40" East about 30 feet to the Southwesterly line of a road, these last twelve lines abutting Northeasterly, Southeasterly and Southwesterly on said Hunter land; thence Northwestwardly along said road line about 330 feet; thence South 690 41' 20" West about 15 feet to the point of beginning, this last line being a jog in said road line. -. ,. . . Containing 37.41 acres, more or less. Together with a right of way over the road running Northerly along the Westerly line of land of said Miller and extending to the road leading to the East End. . Subject to existing road and described tract. rights of others over the driveway crossing the above Subject electric pOle service lines also to existing rights for lines, telephone lines and water crossing said premises. together with the appurtenances, and all the estate and rights of the par ty of the first part in and to said 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 governmental authorities; RESERVING to the grantor herein 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 maintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor 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 the grantor, 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 the grantor, its successors or ass igns, for thwi th, at its or the ir 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. The grantor hereby grants and conveys to the party of the second part, his 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 grantor reserves the right to 3 . . change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his 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 party of the second part by the acceptance hereof, his heirs and assigns, as a part of the consideration therefor: That the aforesaid premises shall be occupied \ \ and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only private residences for the use of one family only, together with the I necessary outbuildings appurtenant thereto, PROVIDED 1 further that no such residence shall be erected or main- tained on any lot or parcel that consists of less than two acres of the aforesaid premises. That no buildi.ng or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offe,nsive to the neighborhood, or dangerous to the health of trees or other vegetati.on in said neighborhood. That from and after the date hereof, the grantee, his heirs, or assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns, an annual maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority of the acreage in the "Park,. shall not exceed in anyone year $25. per acre of the premises hereby conveyed, such charge to be applied to the maintenance 4 . . and repair of roads, sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse, PROVIDED, HOWEVER, that the grantor, its successors or assigns, shall not be obligated to maintain or repair roads, sidewalks, sewers (except main trunk line sewers) and gutters on the premises herein conveyed; PROVIDED, FURTHER, that in no event shall the grantor be liable for any performance hereunder in excess of the amount collected by it pursuant to this paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters, or to the use or control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to time be found expedient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part; and the party of the first part hereby reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee's own expense, when so requested by the grantor, a lateral sewer connection wi th a main trunk line sewer, if there shall be one on said premises, or if such trunk 1 ine sewer shall have been brought to the property line of said premises. The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the ccmstruction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor. The grantee hereby covenants and agrees that he will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams contiguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the ,. .l . . . land and premises hereby conveyed and owners and occupants thereof, until April thereafter from term te. term of twenty consent of the owner s of a major i ty in land within the "Park". all subsequent 15th, 1985, and year s upon the acreage of all All rights and easements of access, implied or expressed, to the property herein conveyed shall be limi ted by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns. The rights res:erved herein to the grantor, or to the grantor's successors or assigns, and the consent or approval of the grantor, its successors or assigns herein referred to, shall enure to, mean or require only the right or act of the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporation holding only as grantee of land from :said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor, its Successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park." 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 the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the .Park" which has been conveyed by the grantor subject to the Covenants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) 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 the grantor, its Successors or assigns, to set apart such part of its lands, si tuated wi thin the aforesaid "Park," as it or they may deem suitable for golf courses, club houses, bathing beaches or othe:r attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the "Par k" other premi ses deemed sui table 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 or interests in said lands. 6 . . No appurtenant or other interests in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee 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. This deed is executed and delivered for the sole purpose of correcting the last complete paragraph appearing on the third page of a deed of similar import dated January 3D, 1978 already delivered by the grantor herein to the grantee herein, and recorded in Liber 8529 page 281 in the Office of he Clerk of Suffolk County on , 1978. 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 this day of , 1979. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION Secretary By . . . , STATE OF NEW YORK ) . . ) 55. : COUNTY OF NEW YORK On the day of , 1979, before me personally came STEPHEN E. O'NEIL to me known, who, being by me duly sworn, did depose and say that he resides at No. 1220 Park Avenue, New York, New York, that he is the Vice President of Fishers Island Develop- ment Corporation, the corporation described in and which executed the foregoing instrument; 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 the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public 4 ,I DA"Jr, BERRY & HOW:ARD March 13, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: This letter is offered to provide supplemental facts concerning my application for approval of a minor subdivision on Fishers Island. As noted on the sketch plan, the 14.2 acre property was acquired by three separate conveyances in 1977, 1978, and 1979. Under the proposed subdivision, the dimensions of lot 1, acquired in 1977, remain unchanqed, and I ",as unclear as to whether this 2.87 acre lot is rE?quired to be incl uded in the subdivision. Of the remaining 11.33 acres, we wish to comply with a request of the Henry L. Ferguson Museum to dedicate rouqhly 5.6 acres to a nature sanctuary by a perpetual conservation easement, and to confirm that two legal building sites remain (lots 2 and 3). Lots 2 and 3 and the conservation property were acquired from Jansen Noyes, Jr. in 1978 and 1979. Mr. Noyes acquired these properties from Fishers Island Development Corporation (t,he "Corporation"). No restrictions in the chain of title bear on the proposed subdivision except a provision in the deed from the Corporation to Mr. Noyes dated January 3D, 1978, as corrected, which provides that no residence may be erected on any lot that consists of less than two acres of the premises. A copy of this deed is attached. Lots 2 and 3 are over two acres in area. with respect to access, an existing private road serves lots 1 and 3, and this road will connect to lot 2 by an existing right of way over property owned by Cushman. No additional buildable property is served by this road south of lot 1 except our property. All adjoining property either has access by other routes or is committed to conservation purposes. \1 . 1/ i" 1.),,_ 'f DAY, BERRY & HOVW\RD March 13, 1984 EXPRESS MAIL Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Enclosed please find the following materials in conjunction with my application for approval of a minor subdivision of my property on Fishers Island. 1. six (6) copies of sketch plan. 2. $100 fee ($25 for each of the three proposed lots and $25 for the proposed conservation area). 3. Letter regarding drainage and road construction. 4. Short Environmentcal Assessment Form. 5. Legal description of property. 6. Letter providing supplemental facts concerning requested subdivision (with exhibit). 7. Application for Approval of Plat (with exhibits) . If anything furt.her is required to complete this application, please let me kno.,. Kindly set this application down for the next possible meeting of the Board. Please advise me of the date and time of the meeting. I would also appreciate the opportunity to discuss whether my attendance is likely to be helpful. Thank you for your help. Very truly yours, M~ Robert J.I Miller cc: Mr. James Wall RJM : 1m J:iST;~'lCT ICtlS: - (0) In order to on,;\;"r the: qu<>stion,; in thi,; short E^F it is assu lh~t l~e preparer viII uso.curre:ntly available inforGotion concerning t pro j c cl (J n d the. 1 i!: e: 1 y i r.1,' Q ct s 0 f the: ? cl ion: I ~ is n? t ex p e c t e d tho t additiono) studlcr, rcse:orch or othe:r lnvestlgotlons wlll b~ undertaken (b) I fen}' qu":;ti,,n hos been ons','e:recJ Yc::, the project may be =:;ionificClni 'Jn~ 0 cO::lpl(~tcd E:1virol1171:::ntul AssC':5smen-t. Form is. nccc:;sory. (e) IF all qu',slions hove becn Gn::,\,/crod 110 it is likely that this proj~ct is ~ol Ji9~ificcnt. ( ci ) En '/ i r 0 n r.l = n tal 1\ 5 S C~. ~ r.l ~ 11 t 1. I','i.n p,'oj""cl resun-in 0 large physical chongo to ihe p~ojcc-l .5itc or pnysicully alter more th<:n 10 ocre,; of lund?....................... Yes x No Hill th,cr(' be c major Ch8":1':> to Clny unique or - 'Ur,u::,u"l loilc! fOlm found on the si te?. ........ Yes x No \'/ill project olter or he'/e a large effect on - cxi$ti:1U body of wotcr?......................._Y.cs-L-No Hill project hove: 0 potentially larg~ impoct .' , on ground",'lCltc:r Cjvolit),?........oo.................. .... 'lcs-:- Xl No \',' ill pro j e ct. s i 9 n i F ice n t lye r fa rot c! r a i n 0 0 e ' -:-- -'- flav on adjacent sitc~?.... ............. ...... Yes x No \','ill project aFfect any threatened or' - -. endonCjcrcd plant or onir.101 species?.......... Yes x No \'1 i 11 pro j c ::: t res u 1 tin a 10 a j (' l' a J 'I e r 5 c e f f c i: 1 . ~ . ~ on air quality?............................... Yes xNo ',rill prnjcct hove 0 mojor effe:ct on visual - - cllcrClctcr of tIle c.or,'r.luni~y or ~c:cnic vic\'/S or vi:;to:-, known to"be important to th2 community? 'Yes x~o \"/ill fJrojcct aelve"'scl)' iC"lpocl any s.~te or - ~ 5 -t rue -t u reo f J1 i s t () r i C I pre 11 i s tor i cor po.lconto.lC.lUicol imrorta:"ic~ or OilY silc d8SiSt1cJtc.:cJ us u criticr:;l cf)vironl7lclltol crco by a lccol oocnq<?.............:.........,............,. Ycs_~No \'/ill proj"ci. hovc a mojo!' effect an existina - or future recreational opportunities?........ Yes x No \1,\11 project resuJ.t in .,"ojor traFFic problems - o~ COlr~C a major effect to existing tl'on!'.i'Clrtation system.'?...................... Yes x-No \"Iill p;raject rer:;u.1.orly Couse objeci.ioncble - oc!ors, noise, glore, vibration, or electrical cJistur~o'cc os 0 result of the project's operotion?..................................... Yes x No \'/il1 pruje:cl havc an)' ir.';)oc1 on public heal1h- ",..sofe1y?................................... Yes x No \'/ill project afFect Ihe existinD community by - directly causinCJ '-' 9ro'.I\h in perrr.cne:nt I'o;o"lotion of more thon 5 pe;rcent over 0 one: )'e:or period or hove: 0 ,"ojo;r ne9~tive eFfect On tIle chol"S1Ctc:r or ih~ co;.1munity or ne:iOhLorllOod?............................... . Is there pulJ.lie controvcrsy concernino th" p ,. 0 j eel? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pr.cP/d~ER'S SlGil'\TU;,;[_~M REPP.E$EUT1UG ~ la. 11. 12. 1', .l . 11.. 15. , ' .....,. ~.. "1.. ,. , ,,, , "l)" '''''I' 'I 'I )',:;~. c: '. "'. ',,', '.,": I r' .,. ." ; ,...!:. \ :\. _ _ _ __ ~ 2. 3. 4. 5. 6. 7. c. 9 . Yes x No Ycs x No D^ TE ~t:4131 i1!i ) . - < THIS INDENTURE, made as of the 30th day of January , nineteen hundr,ed and seventy-eight between FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co., 1251 Avenue" of the Amer icas, in the Ci ty, County and State of New York, hereinafter called the grantor, party of the first part, and JANSEN NOYES, JR. of 299 Hollow Tree Ridge Road, Darien, Connecticut, hereinafter called the grantee, party of the second part: WITNESSETH, that the party of the first part, in consideration of Seven Thousand Four Hundred Eighty Two Dollars ($7,482.00), 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, his heirs and assigns forever, ALL that lot or parcel of land, with the buildings and improvements thereon, in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (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: Dist. 1000 Sec. 8 Block 1 Lot pt. 4 Beginning at a monument on the Southwesterly line of a road at the most easterly corner of land of Walter G. Rafferty, said monument being located 910.90 feet South of a point which is 2588.37 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "CHOCOMOUNT 2" and thence running South 240 41' 20" West 247.4 feet to a monument; thence South 240 41' 20" West 15.0 feet to the shore of Middle Farms Pond, these two lines abutting Northwesterly on said Rafferty land; thence following the meanders of said shore line Southerly, Southwesterly, NorthwesterlY and Northeasterly about 3900 feet to land of Robert J. Miller; thence South 660 51' 17" West about 250 feet;: thence North 840 24' 11" West 223.32 feet to an iron at the Easterly line of a road, these last two lines abutting Northwesterly a.nd Northeasterly on said Miller land; thence Southeasterly in a straight line about 800 feet to the Northwesterly corner of land of John W. Hanes to a point of curve to the right having a radius of 170.26 feet and the direction of whose radius at that point is South 27" 32' 10" East; thence Eastwardly following the arc of said curve 164.78 feet to a monument; thence South 620 05' 00" East 83.65 feet to a point of curve to the right having a radius of 341. 80 feet and the direction of whose radius at that point is South 270 55' 00" West; thence Southeastwardly following the arc of said curve 127.0 feet; thence Southeasterly , . . 48.85 feet, these last four lines abutting Southerly and Southwesterly on said Hanes land; thence Northeasterly crossing a proposed road 40 feet to a point of curve to the right having a radius of 23.06 feet and the direction of whose radius at that point is North 490 12' 20" East; thence Northwardly following the arc of said curve 36.17 feet to a monument: thence North 490 04' 00" East 82.29 feet to a monument; thence North 180 43' 00" East 313.39 feet to an iron; thence North 610 05' 00" East 403.28 feet; thence North 67" 45' 00" East 146.60 feet; thence South 790 01' 00" East 118.80 feet; thence North 670 54' 00" East 90.07 feet; thence South 830 36' 00" East 64.35 feet; thence South 590 33' 00" East 70.37 feet: thence South 130 35' 00" East 23&.90 feet to the shore of Block Island Sound, these last ten lines abutting Easterly, Southeasterly and Southwesterly on other land of said Hanes: thence following the meanders of said shore line Northeasterly about 766 feet to land of Margot B. Maw: thence North 200 14' West 92.10 feet to an iron at the shore of Treasure Pond, abutting Northeasterly on said Maw land: thence following the meanders of said shore line Westerly, Northwesterly, Northerly and Northeasterly about 1520 feet to land of Elizabeth Christian Hunter: thence North 50 48' 30. West 70 feet to a monument: thence North 430 53' 50. West 171.26 feet; thence North 230 52' 50" East 25.11 feet to a point of curve to the right having a radius of 64.96 feet and the direction of whose radius at that point is South 660 07' 10" East; thence Northeastwardly following the arc of said curve 19.59 feet: thence North 41" 09' 25" East 56.50 feet to a point of curve to the left having a radius of 428.54 feet and the direction of whose radius at that point is North 480 50' 35" West: thence Northeastwardly following the arc of said curve 24.51 feet: thence South 770 51' 30" East 151.28 feet; thence North 280 03' 30" East 82.35 feet to a monument: thence North 90 04' 00" East 230.70 feet to a monument: thence North 10 12' 20" West 138.87 feet to a monument at a point of curve to the right having a radius of 44.71 feet and the direction of whose radius at that point is North 880 47' 40" East: thence Northwardly following the arc of said curve 52.84 feet to a monument; thence North 660 30' 40" East about 30 feet to the Southwesterly line of a road, these last twelve lines abutting Northeasterly, Southeasterly and Southwesterly on said Hunter land; thence Northwestwardly along said road line about 330 feet: thence South 690 41' 20" West about 15 feet to the point of beginning, this last line being a jog in said road line. 2 , . .. Containing 37.41 acres, more or less. Together with a right of way over the road running Northerly along the Westerly line of land of said Mi.ller and extending to the road leading to theEas t End. Subject to rights of others over the existing road and driveway crossing the above described tract. Subject electric pole service lines a.lso to existing rights for lines, telephone lines and water crossing said premises. together with the appurtenances, and all the estate and rights of the party of the fi r st part in and to said 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 governmental authorities; RESERVING to the grantor herein 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 maintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor 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 the grantor, 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 the grantor, 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. The grantor hereby grants and conveys to the party of the second paJ:t, his 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 grantor reserves the right to 3 . change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his 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 party of the second part by the acceptance hereof, his heirs and assigns, as a part of the consideration therefor: That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only private residences for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED further that no such residence shall be erected or main- tained on any lot or parcel that consists of less than two acres of the aforesaid premises. \ \ \l 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 structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after the date hereof, the grantee, his heirs, or assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns, an annual maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority of the acreage in the "Park," shall not exceed in anyone year $25. per acre of the premises hereby conveyed, such charge to be applied to the maintenance 4 , . and repair of roads, sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse, PROVIDED, HOWEVER, that the grantor, its successors or assigns, shall not be obligated to maintain or repair roads, sidewalks, sewers (except main trunk line sewers) and gutters on the premises herein conveyed~ PROVIDED, FURTHER, that in no event shall the grantor be liable for any performance hereunder in excess of the amount collected by it pursuant to this paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters. or to the use or control of any of said waters, shall pass by this grant~ that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to time be found expedient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part; and the party of the first part hereby reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee's own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer, if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property line of said premises. The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor. The grantee hereby covenants and agrees that he will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams contiguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the 5 \ . , land and premises hereby conveyed and owners and occupants thereof, until April thereafter from term to term of twenty consent of the owners of a majority in land within the "Park". all subsequent 15th, 1985, and year s upon the acreage of all All rights and easements of access, implied or expressed, to the property herein conveyed shall be limited by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns. The rights rese,rved herein to the grantor, or to the grantor's successors or assigns, and the consent or approval of the grantor, its successors or assigns herein referred to, shall enure to, mean or require only the right or act of the :said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporation holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park." 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 the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grantor subject to the covenants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) 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 the grantor, its successors or assigns, to set apart such part of its lands, situated within the aforesaid "Park," as it or they may deem suitable :Eor golf courses, club houses, bathing 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 s tore or bus iness 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 or interests in said lands. 6 . . . \ (" No appurtenant or other interests in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee 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. This deed is executed and delivered for the sole purpose of correcting the last complete paragraph appearing on the third page of a deed of similar import dated January 30, 1978 already delivered by the grantor herein to the grantee herein, and recorded in Liber 8529 page 281 in the Office of he Clerk of Suffolk County on , 1978. 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 this day of , 1979. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION Secretary By . " ~ . . STATE OF NEW YORK <. ss.: COUNTY OF NEW YORK On the day of , 1979, before me personally came STEPHEN E. O'NEIL to me known, who, being by me duly sworn, did depose and say that he resides at No. 1220 Park Avenue, New York, New York, that he is the Vice President of Fishers Island Develop- ment Corporation, the corporation described in and which executed the foregoing instrument; 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 the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public