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HomeMy WebLinkAbout1000-9.-6-5I, ' ' ' "~" ~ - / N/F EOHN ~ K~ ~RM / N/F ROWLAND OSWALD, ET~UX ' .... ' , ~ ~ ~ I ,: ,' :TO ,,,, , ,, , , ,,~ .... ' ,, :; .:.. .... . ~ ~..-',/.' ,~, ~ .,.. ~, , ,,~ , , , ,, ;,, ,, : :~:' ,'~' .... ~ ,: ,; ,, ~0 , , . " ' ' ' , ~ ' , , [,:'[ ~ .., .I , ',,,,,.', , , :' [ ''' ~ ~,, '90 A ... , . , /':. /. . .:~/~. ,' . :. ,,~; ~"' ~"J ' ~' ":F' ' '~ ~HOL'D ' ' ' , , .,, .... " ~A~ 'FEB : " eO:o , ' CO~ECTICUT , ~ .,, ~Ze4 ,, ' , ,, $outhold, N.Y. 11971 (516) 765-1938 February 26, 1986 Mr. Briscoe R. Smith Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re: Minor subdivision for Briscoe Smith Dear Mr. Smith: The following action was taken by the Southold Town Planning Board, Monday, February 23, 1987. RESOLVED that whereas a formal application for the approval of a subdivision plat entitled" Briscoe Smith" located at Fishers Island was submitted to the Planning Board on June 10, 1986 and filing fee was paid on June 10, 1986 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on February 9, 1987 at 8:00 p.m., and 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 "Briscoe Smith" for approval of said subdivision plat prepared by Chandler, Palmer and King dated as revised December 8, 1986 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Should the 7,981± square foot parcel be sold to the owner of an adjacent parcel as proposed, the parcel shall then be incorporated into the adjacent owner's parcel so that the parcel will not exist as a single, substandard parcel. Briscoe Smith Page 2 2/26/87 3. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation of the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 4. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1-4, inclusive, each lot shall be made subject to a covenant that will prohibit future subdivision. 5. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Ocean View Avenue and Heathulie Avenue to facilitate turns at the corner and to enhance the streetscape. 6. The alignment of Ocean View Avenue shall be improved by the use of large radius curves in place of the two sharp angular bends at Lots 2 and 4. This improvement will bring the alignment of the road up to modern standards and will enhance the streetscape. 7. Erosion and sediment control measures shall be requied during and immediately after construction on Lots 2 and 3 ~ insure that stormwater runoff will not carry eroded and other deleterious materials into the adjoining road from where it may be carried to Hay Harbor. 8. Ail prospective owners of lots within this subdivision shall be advised that this subdivision is located within one mile of Elizabeth Field Airport and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. 10. Conditions 1-4, inclusive, and conditions 7-9 inclusive, sahll be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. 11. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's Office which affects lots in this subdivision. When the covenants and restrictions have been drafted, please forward a copy to our office so we may refer them to the Town Attorney for his review, prior to filing with the County Clerk. Upon receipt of notice that the covenants and restrictions have been filed, as well as, maps amended as per the above conditions (5, 6 and 11) the Chairman can endorse the subdivision. If you have any questions, please don't hesitate to contact our office. Very truly yours, Mr. Briscoe Smith Page 3 2/26/87 BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Record and return to: J~es J. Finnegan, Esq. Milbank, Tweed, Hadley & McCloy (l~e Chase Manhattan Plaza New York, New York 10005 DECLARATION OF COVENANTS AND RESTRICTIONS WHEREAS, Briscoe R. Smith, having an address at One Chase Manhattan Plaza, New York, New York, Nancy W. Smith, Executrix of the Estate of Theodore H. Smith, III, deceased, having an address at 50 Greenleaf Road, Darien, Connecticut, Norman D. Carter, having an address at Kingwood Road, Poughkeepsie, New York, and Mary Blanchard, having an address at 35481 Beach Road, Capistrano Beach, California (the "~_~__Q_%~"), jointly own certain real property X located between Equestrian Avenue, Heathulie Avenue and Ocean View Avenue, in Fishers Island, New York, more particularly described in ~,~ hereto (the "Real WHEREAS, the fee owners plan to subdivide the Real Property into four lots (Lot 1, Lot 2, Lot 3 and Lot 4) as shown on a certain Minor Subdivision Plan Made For Briscoe Smith by Chandler Palmer & King, Norwich, Connecticut, dated March 14, 1986, as revised through the date hereof (the "Plan"); and W~EREAS, the fee owners desire to establish certain covenants, restrictions and conditions applicable to each of the lots. NOW THEREFORE, the fee owners hereby make the following declarations as to covenants, restrictions and 2 conditions with respect to the Real Property and each of the lots: (i) (ii) (iii) (iv) (v) (vi) The lot lines shall not be changed from that shown on the Plan unless authorized by the Town of Southold Planning Board. Should the parcel consisting of approximately 7,981 square feet, located in the northwest portion of Lot 2, be sold to the owner of the adjacent parcel (now or formerly owned by Susan K. Stickney), such parcel shall then be incorporated by the owner of the adjacent parcel into the adjacent parcel so that such parcel shall not exist as a single substandard parcel. Clearing and grading within each of the lots shall be limited to that necessary for the siting and construction of a house and the owner of each lot shall use reasonable efforts to preserve natural vegetation. No lot shall be further subdivided. Erosion and sediment control measures shall be used during and immediately after construction on Lot 2 and Lot 3 to minimize stormwater runoff and erosion into the adjoining road. Prospective owners of the lots are hereby notified that the lots are located within one mile of Elizabeth Field Airport and may be subjected to noise emanating from such facility and from aircraft flying overhead or nearby. IN WITNESS ~EREOF, the undersigned have executed this declaration as of ~^~ ~ , 1987. Briscoe R. Smith ~ith, Executrix of the Estate of Theodore H. Smith, III Norman D. Carter STATE OF NEW YORK ) COUNTY OF ~L~ ~) On the ~__l day of ~, 1987, before me personally came Briscoe R. Smith, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary CLA~LOGUETOG~ f~I'A~I~J~UC,~ ~NewYa(t !~-~76503 STATE OF ~[~;~. ) COUNTY OF ~,~:~.L_ ) ss: On the ~_L day of ~, 1987, before me personally came Nancy W. Smith, Executrix of the Estate of Theodore H. Smith, III, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same· Notary Pub$ic. Stste of New York No. 41-4776708 Qualified in Queens County Cert,ficate F,ted in Cornrn[ssion Expires .~'~--~'.---~ the~~ day o 1987, before me personally On came Norman D. Carter, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. y'Publi~/ OLGA M. CARMEl: Notary Public, State of New York Qualified Jn Dutchess County CO~nrnis$1on Expires June 30, STATE OF ~EW YORK ) COUNTY O~ ss: On the~ day o 1987, before me personally came Norman D. Carter, to me known to be the attorney in fact of Mary Blanchard, the individual described in and who by her said attorney in fact executed the foregoing instrument, and duly acknowledged before me that he executed the same as the act and deed of Mary Blanchard therein described, and for the purpose therein mentioned, by virtue of a power of attorney duly executed by said Mary Blanchard dated April 28, 1986, and intended to be recorded in the office of the Clerk of the County of Suffolk simultaneously herewith. OLGA M. CARM£~. Notary Public, State of New York Qualified in Dutchess County Comrnis"on Expire~ June 30, 1~)~ EXHIBIT A (Lot 1) ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Islam, in the Town of Southold, County of Suffolk and State of New York, bounded an~ described as follows: BEGINNING at a point on the westerly sade of Oceaa View Avenue, distant North 863.62 feet an~ West 2,.876.42 feet from U.S. coast and geodetic survey triangulation station "Pros" and being where the northerly side of lands now or formely of Helen P. McKown and from said point of beginning; RUNNING THENCE along last mentioned land the following tw~ courses and distances~ 1. North 62 degrees 16 minutes 40 seconds West, 210.40 feet; 2. North 82 degrees 47 minutes 10 seconds West, 246.21 feet to a point: THENCE North 46 degrees 45 minutes 19 Seconds East, 386.32 feet to a point: THENCE South 71 degrees 38 minutes 43 seconds East, 430.09 feet to the westerly side of O~ean View Avenue; THENCE South 45 degrees 07 minutes 20 seconds West, along the westerly side of Ocean View Avenue, 365.66 feet to the point or place of BEGINNING. (Lot 2) ~tr. ~hat certain plot, piece, or parcel o£ land, situate, lying a~ ~ing a~ ~ish~m. Is~a~{ in ~e.To~ ~f S~1~ Ifil, County of Suffolk, State of ~ew ~orK, ~ ~ ~es~ri~ as follo~ !n~a.8.I.N? ?~ a_ ~.int_on.the northerly e~de of Ocean view Avenue, distant &A~A~=Aon ~r~m~on ~ro ~ ~__ _~ .... Survey or fairly of .1... ._~_----.~ wg~e :ne ~sterly side of la a~ from said ~int of begi~ing; c=s north~ly side of ~ean View Ave. RUNNING THENCE Westerly along the northerly side of Ocean View.Avenue North 58 degrees 56 minutes 00 seconds Wait, 97.84 feet to formerly of Joan W. McCall; lan~ now or ~.HENNCoEr~i~°~4g dl~:e:sen~0~0~nui:snd0? fo11_ow~ng two courses and distances: u eocolKla East, 142.00 ~a.o~.~z.L.v S.LC, e O£ Ecl'ueetrla.n AV~Ue; '. . ~ &au~. to T. ne · THENCE Northerly slang the easterly side of Equestrian Avenue, .two Courses and diatancqa:- the following 1. North 40 degrees 36 m~nu~e 50 seconds East, 73.60 feat; 2. North 22 degrees 09 m~nu~es.-55 seconds East, 112.70 feet; THENCE South 79 degrees 28 m/nu~ee 04 seconds East, 215.44 feet to a point; THENCE North 33 degrees 53 minutes 45 seconds East, 108.15 feet to a point THENCE South 68 degrees 18 m/nutes' 27 ~ssconds East 225.34 feet to a point; THENC~ South 46 degrees 4S minutes, 19 seconds West, 3~6.32 feet to land now or fcrmerll, of Helen Po HcKown aforesaicl; TH.iNCE ScuLh 25 dag*Eees 24 minutes ~O s~-conds ~/:'est ~!cng last mentie, na~ ia:.-_' 156.7:: feet to th~-~ortherly side cf eaean View Avenue; TEE:TiL ::~ 83 degrees 56 minutes a0 seconds West along the norther!,~ of C:car. View Avenue 119.05 feet tc t'~" point or place of BEGINNING. 2 Cont. ) TOGETHER WITH that certain parcel consisting of approximately 7,981 square feet more particularly described as follows: iron pipl On ~he eaate=ly aide o~ Equeae~tan Avenue vhe~ RUNNzNG TH~NCB Sou~.A 79 degr#e 28 minutee 04 aeconda hat along lae~ mentioned lan4 176.39 £ee~ ~o an J--on pip~ TH~C~ Nor'ch33 ~ell~l ~3 mtnu~ee 45 a~conde ~aa~ ~ a~ong ~a~ men~o la~ 95.00 ~ee~ ~ ~ ~ pipe~ THENCE Sou~.h 68 deg3:eee 18 n~Lnutes27 ~eQondl~lj~ 40.93 THENCE South 33 d~r~m 53 m~em 45 .~m~m~ 108.15 T~.~r~7O_d~ee8 28 ~u~e 04 ~s~ 21S.44 ~ee~ ~o the eas~Ay 014e o~ T~E No=~ 22 d~8 ~9 ~u~s SS ~o~o~8~alon~ the ~8~Iy side E~es~=i~Avenue 20.42 ~eet M ~ ~pA~s~ c~ ~zn~ or place o~ BEGX~z~. (Lot 3) ALL that certain plot, piece or peroel of land, situate, lying and being at Fishers Island, Tow~ of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING st a pOint on the easterly side of Equestrian Avenue, dis. tent_North 1,653.25 feet and West 3236.20 feet from U.S. Coast _~,~we.~er~y oz ~a~ now or zo~e~y of ~o~ F. ~mr and Hilarv oe~er, said east~ly of RUNNING THENCE easterly and northerly along last mentioned land the following tw~ courses and 1. South 51 degrees ~-'-~ .... - ........ 33 ~es_20~ 2. North 43 deg~ee. 42 ~ 40 .~o~s ~.~ ~ ~a~ nov or fo~e:ly of ~vland ~ld~ ~s wife, 122.31 fee~ ~o land now or T~NCE along la.~ ~n~ i~e.. fo~low~g ~ co:ses and a point: THENCE South 26' degrees 07 minutes 55 seconds West,..411.85 feet .tO a point: T~ENCE Nortk-'~S_degrees 18 minutes'2~'%econds West/:266.27 fee~- ':H~NCB NO~de~~ee~ 6 minutes 1~ seconds West, 1~0,00 feet ?P. ENCE NO degrmaa 53 minute, 45-seconds East, along the eas:er!y sidoof Equ~s=rian Avenue, 2~0..~2 feet place of to the point or ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, bounde~ and described as follows: BEGINNING at a ~Oint on the westerly side of Heathulis Avenue, said point being North 1470.8 feet and Westerly 2551.40 feet from the U.S. coast a~d geodsti= ettrvey triangulation station "Pros" a~ also ~ing wh~e =he soundly of 1~ now or fo~lly of Sa~ra C. ~r, saia weirdly of Hea~hulie Avenue ~ fr~ sai~ ~int ~gi~ing; RULING T~E Sou~ 26 ~lgrlel 06 ~Utll 20 I~O~l East along the ~st~ly side of Heat~lie Argue, 107.50 feet ~ the northerly side of ~e~ Vi~Av~ue; ~E_alo~g ~ northly ~'~&~ly si~es of ~'View Av~ue the zo~ow~ng =~ co~sem a~ 1. Sou6h Se degrees 04 m~nutee 40 ~Ol~e West, 108.87 feet~ 2. South 06 degrees 06 m/nurse 30 sl~o~ West 195.45 feet= THENCE North 71 degrees 38. mi~utll_%3, s~onds West, 430.09 feet to a point: - THENCE North 26 degrees 07 m:L~u~t~..:.~.seconds East, 411.85 feet to a point and land now or f¢.~mely of. San~ra C. Gambit aforesaid; THENCE along last mentioned land, distanoes:. ~ the following 3 courses and Sodth-28 degrees 5-~kn.~tes 00 seconds East, 109;44 feet; - '~:..,~.. - . -,. .. f Sou~.h 29 degrees 5&::minutes 00 seconds-'East; iI5~9~ feet; and ~2 mxn~taa O0 seconds a~ 187.97 feet to ~- HeathH~.Ag~ue at th~ bo!nt or place, of BEGIlfNi:C~ MINOR SUBDIVISION 1. 6 copies sketch pla~ received spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolution approving Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restriCtions Description of property ~ote on plat that sanitation ans water facilities meet County Board of Health specifications ~, ~ ~eveloper attend meeting (official submission) '~ ~8jPublic Hearing (within 45 days) _~J~ ~ _~ Advertised Affidavits of publication received ~~~. Action by ~ng Board (within 45 days) ~ ~ ~ ~0. Sent to Count - ~' ~u. ~ y Planning ~o~ission ~ ~ Received County's ~eco~endations ~ ~1. Filed covena ~ ~ ~ ' nts and restrictions received ~ l~.k ~ization and signing of map D~:~ECT DIAL NUMBER (212) 530-5344 ~IILBANK, TWEED, HADLEY & M-cCLOY r. ~,,,; '~~. (212) 530 5000 CABLe: MILTWEED NEW yORIt. RApIfAX I00; 530 ~219 May 15, 1987 Ms. Diane M. Schultze Secretary Planning Board Town of Southold Southold, New York 11971 Dear Diane: As discussed with Jay Finnegan, I am enclosing copies of the four title reports (with amendments to property descriptions) in connection with each of the lots being conveyed by Briscoe Smith, Norman Carter, Nancy Smith and Mary Blanchard. I am also enclosing a copy of the deed to the Town of Southold for the parcels being dedicated for highway purposes. If you have any questions, please do not hesitate to call me Qr Jay Finnegan (Tel No. 212-530-5380). Thank you for all your help. Sincerely, Ann Jacobsen Senior Legal Assistant Enclosures FEDERAL EXPRESS cc: James J- Finnegan, Esq. CUSTOMER PAO¥,AGE TRACKING NUMBE~ PULI. UP PU~RPLE T~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THI~INDENTURE, made the day of ,nin~eenhundred and eighty-seven ~ BRISCOE R. SMITH, having an address at One Chase Manhattan Plaza, New York, New York 10005, NANCY W. SMITH, Executrix of the Estate of THeodore H. Smith, III, deceased, having an address at 50 Greenleaf Road, Darien, Connecticut, NOP~ D. CARTER, having an address at Kingwood Road, Poughkeepsie, New York, and MARY BLANCHARD, having an address at 35&81 Beach Road, Capistrano Beach, California 92624, collectively, /party of ~efir~ part, and ~{E TOWN OF SOU~HOLD, a municipal corporation having an office at 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, does hereby grant and release unto the party of the second part, the successors and assigns of the party of the second part, orever, ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold on Fisher's Island, County of Suffolk and State of New York, more particularly described in Exhibit A attached hereto. A~ te 1/2 tn~erea;a I~y ¢. ~h~rd · ~ D. GarY, er, by the fellowtn~ deeda fro~ J~t ~. Ao t~ 1/~ tnterelt8 TOGETHER with all right, title and interest, if any. of the part)' of the firstpart in and to an5 streets and rosds abutting the above described premises to the Center lines thereof; TOGETHER with the appurtenances and all the estate and right~ of the party of the first part in and to said premises; TO HAVE AND TO MOLD the premises herein granted unto the pan;,' of the second part. the heirs or successors and assigns of ~he part) 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 anylhing whereb;, the said p,'emise~ hzve been ei~c!~'mhered ;.n AND the part~ of the first part, in compliance with Sdction t3 of the Lien Law. covenants that the partx ,,f lhe first part ss. ill receive the consideration for this convevance and will hold the right to receive such consideralion as a trust fund to be applied first for the purpose of pa~,ing the cost of the improvement and will apply the -amc first to the payment of the cost of the improvement before using any part of the total of the same for any other i,urpose. The word "party" ~hall be construed as if it read "parties" ~'henever the sense of this indenture ~o requires. IN WITNESS WHEREOF, the part;, of the first part has dub' executed this deed the da;, and xear first aboxe ss ritten. BRISCOE R. SMITH NANCY W. SMITH NORMAN D. CARTER MARY BLANCHARD by Norman D. Carter, her attorney-in-fact STATE OE NEW YORK, COUNTy OF ss: On the da)' of 19 before me personal~ came ' to me k~ox~n to be the individual described in and who executed ~he foregoing instrument, and acknowledged that ~'xeculed the same. STATE OF NEW YORK, COUNTY OP sss 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 a~ No. that he is the ; of , the corporation described in and which executed the foregoing imu'umant; that he knows the seal of said corporation; that the seal afl~t~l to said instrument is such corporate seal; that it was so .a. ffixed b? .,order .of ~e board of directors of said corpora. uon, anu mat he s~gned h name thereto by like order. STATE OF NEW YORK, COUNTy OF On the day of 19 before me personally oame ' to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. ST&T~ OP NSW YOl~o COUNTY OP sa: On the duy of ~ , before me personally came the subscribing wimese to the foregoing inst. rument, with whom [ am personally aequaintec], who, beinK by me duly sworn, did depose and say that he resides atto. 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 aubK~ribed h name as wi~ese thereto. SECTION BLOCK LOT COUNTY OR TOWN TO RBTIJ'3~N BY MAIL TO: Zip No. EXHIBIT A PARCEL % (Part of Lot 4 on minor subdivision of Briscoe Smith) ALL that certain plot, piece or parcel of land being triangular in shape, situate, lying and being at Fishers Island, Town of Southold,. County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly side of Ocean View Avenue distant North 45 degrees 07 minutes 20 seconds East 365.66 feet as measured along the westerly side of Ocean View Avenue from a monument marking the northeast corner of land now or formerly of Helen P. McKown; said monument on McKown's northeast corner also being distant North 863.62 and West 2876.42 from the U. S. Coast and Geodatic Survey Triangulation Station "PROS"; RUNNING THENCE from said point of beginning North 6 degrees 06 minutes 30 seconds East along the westerly side of Ocean View Avenue 80.00 feet to a point; THENCE Southerly along the arc of a curve bearing to the right having a radius of 225.83 feet and a distance of 78.64 feet to a point; THENCE South 71 degrees 38 minutes 43 seconds East 13.87 feet to the monument on the westerly side of Ocean View Avenue at the point or place of BEGINNING. C~: (Part of Lot 4 on minor subdivision of Briscoe Smith) BEGINNING at the monument marking the corner formed by the intersection of the westerly side of Ocean View Avenue and the southwesterly side of Heathulie Avenue; RUNNING THENCE North 26.06 degrees 06 minutes 20 seconds West along the southwesterly side of Heathulie Avenue 18.07 feet to a point; THENCE Southwesterly along the arc of a curve bearing to the right having a radius of 20.00 feet and a distance of 29.39 feet to a point on the westerly side of Ocean View Avenue; THENCE North 58 degrees 04 minutes 40 seconds East along the westerly side of Ocean View Avenue 18.07 feet to the monument at the point or place of BEGINNING. (Part of Lot 1 on minor subdivision of Briscoe Smith) ALL that certain plot, piece or parcel of land, being triangular in shape, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Ocean View Avenue distant North 45 degrees 07 minutes 20 seconds East 285.66 feet as measured along the westerly side of Ocean View Avenue from a monument marking the northeast corner of land now or formerly of Helen P. McKown; said monument on McKown's northeast corner also being distant North 863.62 and West 2876.42 from U.S. Coast and Geodetic Survey Triangulation Station "PROS", RUNNING THENCE from said point of being North 45 degrees 07 minutes 20 seconds East along the said westerly side of Ocean Avenue 80.00 feet to a monument; THENCE North 71 degrees 38 minutes 43 seconds West 13.87 feet to a point; THENCE Southerly along the arc of a curve bearing to the right having a radius of 225.83 feet and a distance of 75.13 feet to the westerly side of Ocean View Avenue at the point and place of BEGINNING. STATE OF ) COUNTY OF ) On the day of 1987, before me personally came BRISCOE R. SMITH, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF ) : SS.: COUNTY OF ) On the day of 1987, before me personally came NANCY W. SMITH, to me ~nown to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public 2 STATE OF ) : SS.: COUNTY OF ) .On the day of , 1987, before me personally came NORMAN D. CARTER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF ) : SS.: COUNTY OF ) On the day of , 1987, before me personally came NORMAN D. CARTER, to me known to be the attorney-in-fact of MARY BLANCHARD, the individual described in and who by her said attorney-in-fact executed the foregoing instrument, and duly acknowledged before me that ' he executed the same as the act and deed of MARY BLANCHARD therein described, and for the purpose therein mentioned, by virtue of a power of attorney duly executed by the said MARY BLANCHARD, dated April 28, 1986, and intended to be recorded in the Office of the Clerk of the County of Suffolk simultaneously herewith. Notary Public Policy NC.T1286-2149 Amended SCHEDULE"A" The premises in which the insured h&s the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers ~eland, in the Town of Southcld, County of Suffolk and State of New York, bounded and described as followal BEGINNING at a point on the westerly side o~ Oce&~ View Avenue, distant North 863.62 feet and West 2,876.42 feet from U.S. coast and genetic survey triangulation station "Pros" end being where the northerly side of lands now or formely of Helen P. McKow~ and from said point of beginningl RUNNING TH~NC~ along last mentionadllend the following two courses end ~istancesJ North 62 degrees 16 minutes ¢0 seconds West, 210.40 feet/ North 82 degrees 47 minutes 10 seconds West, 246.21 feet tO a pointl THENCE North 46 degrees 45 minutes 19 Seconds EaSt, 386.32 feet to THE~C~ South 71 ~egrses 38 m~nu~es 43 seconds ~ast, 430.09 feet to the westerly s~de of O~ean View Av~nue~ TH~NC~ South 45 ~egree~ 07 mi~u~es 20 a~o~s We~t, along the ~st~l~ side of Ocean View Argue, 365.66 East to ~he ~int or ~lace of To~ of Southold ~or highway purpoees. TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY FROH T[COR RIUERHF..~D 05/[3/85 1[:37 P. 5 TOT~qL P. 5 - Title Nunbsr~ TI286-214g Description of parcel (per~ of Lot i on aino~ subdivision of Briscoe Smith) ~ conveyed co cbs To~n for street purposes: -. ALL that certain plo~o p~eee or parcel of land, being trisn~ulat tu shape, s~tuete, lyons and bs~u~ a= Y~shere Island, in the To~n of Semibold, Couut~ o~ Suffolk State of Nev York, bounded and described aa follows: BEGINNING et a po~nt on ~he ~eeter~y s~de of Ocean Vtev Avenue d~ecaut ~o~ch 65 degzse8 07 ~Lnutes 20 seconds East 285.66 feet ~8 ~eaeured along the vosterly side o~ Ocean View Avenue from s monument markin$ cbs northeast earner of ~and now formerly of Releu P. NcKo~n; ea~d ~onument on McKoMll'S northe&s~ co,nor also Tr~SvlaC~oa S~at[o~ '*P~OS", along ~h8 said waeter~7 side of 0cass View ~veuue 80.00 fee~ to a monument; THENCE No'th 71 desreee 38 u/nu~ea 43 seconds ~sst 13,87 fee~ ~o a point; THENCE $ouCherZy aloes the arc of · cu~e beeries to the rt~h~ ha~t~ a ~adtus of 225.83 feet aud a distance of 7~.13 ~et ~o the v~s~sr~7 s~de of Ocean View Avenue a~ ~he potu~ or place off BECI~INC. FROH TICOR RIUERHER 05/13/65 11:34 P, 4 Policy NO.T1286-2149 Amended SCHEDULE"A" The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Ocea~ View Avenue, distant North 863.62 feet and West 2,876.42 feet from U.S. coast and geodetic survey triangulation station "Pros" and being where the northerly side of lands now or formely of Helen P. McKown and from said point of beginning; RUNNING THENCE along last mentioned land the following two courses and distances: 1. North 62 degrees 16 minutes 40 seconds West, 210.40 feet; 2. North 82 degrees 47 minutes 10 seconds West, 246.21 feet to a · point: THENCE North 46 degrees 45 minutes 19 seconds East, 386.32 feet to a point: THENCE South 71 degrees 38 minutes 43 seconds East, 430.09 feet to the westerly side of Ocean View Avenue; THENCE South 45 degrees 07 minutes 20 seconds West, along the westerly side of Ocean View Avenue, 365.66 feet to the point or place of BEGINNING. TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Disposition 23) 1. 2. Title No. T1286-2149 SCHEDULE"B"CONT. Vacant land Building lines within record lines. As shown on survey by Chandler, Palmer and King dated 3/14/86 and subject to any changes since that date. TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY cCc-T-/ TICOR TITLE GUARANTEETICOR TITLE INSURANCE TICOR TITLE GUARANTEE COMPANY, a New York Corporation, and TICOR TITLE INSURANCE COM- PANY, a California Corporation, together herein called "The Company," certify to the Applicant named on the following page that an examination of title to premises described in SCHEDULE A has been made in accord- ance with its usual procedure and agrees to issue its standard form of insurance policy in the amount and for the transaction set forth thereon and the marketability thereof, after the closing of the transaction in con- formance with the requirements and procedures of The Company excepting (A) All loss or damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth herein that are not disposed of to the satisfaction of The Company prior to such closing or issuance of the policy (B) Any question or objection coming to the attention of The Company before the date of closing, or if there be no closing, before the issuance of said policy and (C) Subject to the Conditions and Stipulations, Provisions, and Closing Requirements herein. The Certificate of Title has been prepared in accordance with the iniormation and instructions received. If any changes or additions are desired, please notify The Company promptly. Questions concerning the within certificate should be directed to: DAVID M. PETRIE JR. 400 WEST MAIN STREET RIVERHEAD, NEW YORK 11901 516.721-2300 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Dated: February 28, 1986 Certified by: .~_t.t~;:l~"~ ~ ~--~~ -- A~thorized Signature Redated: By: eot sou Authorized Signature TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Tow~ : $oucnolu District: 1000 Section : 9 Block : O Loc(s2 : paru of o.00~ Tigle Number: Premises: Froposed insured: Ocean View Avenue Prepared For: Mll~ank, Tweed, ~adiey & ~ccloy New York, NY 10005 ATTN: Ja~es Fly. Eau, 53~5380 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ~ew Yor~, NY lOOOb 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ~"-~y C, ~lanchara an~ Norman D. Car~er 4~65 up ~24o T~eouoL'e H, ~miLfl, i£~, ~ec~as~ on ll/2~/[~J, £ace Oi 800 (9/85) TICOR TITLE GUARANTEE ,j TICOR TITLE INSURANCE Schedule 'B' Exceptions to Coverage W~ set forth the following six matters which will appear in our policy ss exceptions from c~orsge: 1 · Defects and incumbrances arising or becoming a lief, after the date of this policy. ~'~ :.:onsequences of the exercise and enforcement or attempted enforcement of any governmental war or p~'ice powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building and environmental pro- tection) as to use, occupancy, subdivision or improve- ment of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any violation thereof. 4, Judgments against the insured or estates, interest, defects, objections, liens or incumbrances created, suffered, assumed or agreed to by or with the privity of the insured. 5. Title to any property beyond the lines of the prem- ises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or water- ways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any pro- wsions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to the abutting owners. ~. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. The following estates, interests, defects, objections to title, liens end incumbrances and other matters ara excepted from the coverage of our standard form of policy unless satisfactorily disposed et~ prior to the closing or delivery of the policy: 7. Taxes, tax liens, tax sales, water and sewer charges, assessments and other charges set forth herein. 8, Rights of tenants, if any. Continued 802 50M/4-85 'TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 1/. 18. lxLl~ Numocr: Ti£oo-Z~N returned herewith and se[ £orgb herein. (NONE; b. The description contained in Schedule A is nog insured witttout a survey go b~ made a[td suD~itged go gna Company. Amy stage of facts a personal inspection of gt%e premises may disclose. The description contained in Sc~e~uae A is for reportin~ Burposes on~y and is not go be used in any closing instrument. of a properly ~uarangeed sur~ey, a proper descrip[loG r~cor~ed in LiDer 246 Cp 3A~ ~er Z4~ cp 32Z and Liber The conLracg c~ e~.e e,:~veglu~ ~1~ preeang transaction mus submitted prio~ ~o ~he ¢tesl~. · receipt be drawn. ~6~ cp ~o6. be Proof is requlr~ Chat ~ foil~l~ '~,~ed person nas no~ been Kno~ by any o~her marr~ ON ~1~8~ ~me wicked Cae ia~ ~ea years. Name: Mary Proo~ is required c~at the following n~mea person nas not Oeea known by any other married or maiden name within the lasg ten years. Name: Nancy WilKs Smitit There is a power of attorney in Liber 8040 cp 30Z whereby glan¢~ard appoints Stephen L, Blanchard ~o be her attorney in fact, If said po~ ~s go ~e used, proof will b~ requxred ch~t ~ae donor ts alive am~ m~der ao incapacity am~ g~at said power had no~ been reword. Am co disaoliiCy and ~ncompecence your acceacio~ Aa dra~ to ~ecCion 5-1601 of One General ObLigations Laws. Re% gscace oi ~heodore H. ~ich~ iii, deceased on $u~folk County File i890P1985. a. Proof of payment of New Yor~ ~state Taxes. b. Proof of payment of Federal Estate Taxes. i9. C£osing fiduciary dee~ must express full consideration. : CONTINUED 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ~3o-2~.49 Z0. The fo [owir~ judgments must oe disposed of: Glosin~ deed mus~ con~ain graREors source of title. NOT~; Fteas~ advise ~nls cumpany wiuh~n g~ hours of un~ closing, NOTE: ~T IS ~QUEST~ T~T T~ S~LLEK OR ~O~W~K PKODUCE 80O (9/85) 'TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 15~ West bh~£e Road Oe~r P=r~, NY Kecurneu part San. ~JJ./Z, fll ,' 4/i0/~4 ~uucin~on, NY VS. 40 Ear± ~treec Deer Berm, ~f Title No. YlZ~O-21~M N/10/b2 INDgX: MM 2o6~b2 Shq: 202 COUKW~ 4in Su~to~ 19i~ MR~. C~y. Kd. fi,stOUNT: P~KF; DOCK: 6/i//oo ilil)~d.; 15Z0~ 4ch Suffol~ ~cheil N. Ka~ J/O Yen Avenue New York, NY 440 five. P. BrooKlyn, NY ~n~oao~e & ~aiiea R. Smith ill Waenin6gon Avenue Wyan~amc~, NY $ura~ght Path Pxof. Group c/o Theouore Smith 11t Washington Avenue Wyaunanch, NY ~NT: PgRY: DOCK: ~qDf, X: $gq: COURT: ARTY: M, tOUNT; DOCK: INDEX: GOORT: A~TY: $32o.15 5113/7o 5/13/76 lo ~ba/ 4~1 Sup. Su££ol~ ~ Keyes & Scheru~ 5/J Lexl~ggon Avenue New Yorm, NY $131.72 81Z01/O 5th SuifolK W. Patrick 850 Vets. ~auppauge, NY 800 (9/85) DISPOSITION OF JUDGME~_3 AND/OR FEDERAL TAX Schedule "B" shows judgments and/or Federal Tax Liens which are or may be liens against the premises and should be disposed of prior to the date of closing either by satisfaction or discharge of record, or by submission to us in advance of closing of proof by affidavit acceptable to us that the judgment debtors are not the persons in o~r chain of title, and that such judgment or liens that pertain t the name of the current owners were not obtained against them. With respect to Federal lie~s it is especially necessary that such items be cleared in ad ~nce of closing by either arrang- ing for attendance by an IRS age~ or the obtaining of a letter indicating that they will issue ~ischarge of same upon receipt of a sum certain. TICOR TITLE GUARANTEE COMPANY ARTICLE 31-B REAL PROPERTY TRANSFER GAINS TAX Effective March,29, 1983 a Real Property Transfer Gains Tax was imposed by Article 31-B of the Tax La~ It is a 10% tax on the gain derived from the transfer of r~ roperty or the transfer of a controlling interest in an entity which owns and interest in real property located in New York Stat~ and where the gross con- sideration is one million dollars or m,~£e. This tax affects certain transactions which involve gramts of assignment, and releases (termination) of leases regar~less of the stated con- sideration. A pre-closing audit ~Transferor and Transferee Ten- tative Assessment) is required in all cases where the consider- ation is $500,00 or more, even where otLerwise exempt, except in the following transactions: (a) Where the consideration is under $500,000 except for lease transactioms, or (b) Where the consideration is any amount, but involves only the transfer of an owner occupied single family resi .nce, or (c) The transaction is a mortga% '~r any amount of consideration. NOTE: Affidavit Forms provided by New York State Tax Commission must be used (Information and 2~rms available on request). The foregoing does not fully explain ti~, gains tax. More infor- mation is available by calling the Cc~ i~,y. NEW YORK STATE REAL PROPERTY TRANSFER ~3 1. Chapter 15 Laws of 1983, among other things raises the New York State Transfer Tax to $2.00 Per $500 consideration or fraction thereof (or $4.00 per $~,000). 2. In computing the tax, existing liens or encumbrances will be deductible only where the transfer is of a 1, 2, 3 family house or individual residential condominium or where the consideration is less than $500,000. 3. The new tax rate shall take effect May 1, 1983 but shall not apply to transfers of property made on or after such date pursuant to contracts entered into prior to such date. Copies of contracts and assignments are required to obtain benefit for earlier rates. NOTE: 1) A deed in lieu of foreclosure is taxed for New York State Transfer Tax at the rate indicated above based upon the principal balance then due on the mortgage regardless of the recital of non-merger. 2) The State has taken position that development rights are not taxable (unless there is separate consideration stated for the easement.) 3) No special tax form or pre-audit is required. EQUALIZATION FORM Chapter 751 of the Laws of 1980 added Subdivision 1-e to Real Property Law, Section 333, effective November 1, 1980 which requires the filing of an original State of New York State Board of Equalization and Assessment Real Property Transfer Report (Form EA-5217) with every deed submitted for recording in all counties in the state, excepting those in New York City. The reverse side of the form's fourth sheet gives instructions for the form's completion. Some counties require that a fee be paid when submitting this form. Copies of the form can be obtained from your local office oS Ticor Title Guarantee or from your County Clerk. Some counties require the payment of a $1.00 fee when this form is submitted for filing. ' TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY SGIiEDULE "A" f~saers isiamd, in cu~ ~o~ o~ Souc~oid, Gouncy o~ Muf~ol~ ~ud Annas ~ow OF formerly o~ Helen P, McKown and from sai~ point of ~e~inninH i. Notch oZ degrees 1o mimutes ~ ~conds W~[, 210.40 fee~, T~CE Norail 40 degree~ 4~ mi~e~ 19 ~s ~st, ~0.32 ~euc go a point; T~NGE ~ou~h 43 de~r~e8 O/ mimm~ ~ ~O~S W~C, aion~ the westerly 81de of oceau View Avenue, 36~.6~ fee[ go tk~e point or place ok 800 (9/85) · TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY i'ici~ Number: fl2~b-Z~ Our policy does not insure a&ainsc suca items white l~ve not become a lien up ~o our tax search nor our policy covers any part of streets on which =ne premises co exami~Cioa, this fact will be noged herein. tax map cort~orm to the description to be insured. ~ ~0 ~Ol.hOW Except any unpaid water charges or Sewer Renc charges as Company ma~es no search ~or same. inquiry should be ma~e fr~ [me preeenc owner as to who Zur~lehed water and services Sewer~ i~ any, CO [n~s~ premises. gecenc payments of any open iCems reCurned on Chis Ca~ search may not yeC be to nave Cite receipted bills available aC the closing. 8O0 (9/85) Covenants as in Liber 2.';-6 of DeedS, pz. ge ~:22 246 '~ " " 318 ~69 " " " ~ And it is hereby covenanted'and agreed by the parity of the second part for his heirs and assigns .mud this conveyance is made upon the exq~rcss condition that ~ll such fencing as shall be desired or required for the proper enOlosume of the premises hereby conveyed shall be done by the party of the s~coud p~,t, his heirs or assi~s ~ no p~t of th~ er~ense therefor sh~! be ~hargeab!e to or borne by s~d party of the first part. ~d the s~d p~bY of the second p~t for ~d in consideratio~ of the convey~ce of the above mentioned ~nd described ~nd pre~Mes ~de by these pre,eats hath coven~ted ~d ~d by these p~sents doth for ~.s bolts ~d assi~s o.~in~ or ha~ at ~Y ~ture t~e ~ estate ri~t, title or inter~ in ~d to the above desc~bed l~dS ~d presses or ~Y . -- . th~ thereof, coven~t ~d agree to ~d t~l'~ the s~ D~Y oz first part, l~s ~ccessors ~d ~si~s tha~ the~e sb.~I not be a~ctod om ~lowed to be e~cted or car~led on, on the .... ~... he~eb-r conveyed or on ~Y of ~he s~o l-~ -- 0 ~ C ' Oil leabhe~ o~ ~Y su~ ~e~ o~ any o~her or offensive establiml~mer, t or business v~hatever, ~.d that no p~t of the l~d he~bY conveyed sh~l bo used or occu~d for ~Y such puz~ose or pm~oses, ~d that the covenants ~d ~recments he:'~In c~tained on ~%e parc of the said party of the p~, his heirs ~.d assi~s sh~l ~m% w~,n the l~d ~d shall b~ obligato~ on every person md ~ersons corporation m~d ---re ri~t coz~oration~ o%.~ the s~a~or h~vi~ ~Y e~t,~ , title or interest the=cia that would enable them or any of them or either of ti%em to %%elate m~4r of the said coven~ts. or ~rcezents.. If closed by examining counsel the cer- tification on the reverse side hereof must also be completed and signed by said examining counsel. By whom closed Title No. REPORT OF CLOSING Date Closed Transaction closed at office of The persons present were: Name Address Interest The identity of the persons executing the papers delivered on closing was established by the following evidence: Title policy is to be sent { (Fee).To Address Fee [] Mtge. [] policy (Mtge.).To delivered on closing Address The following instruments were executed and delivered: 1. Kind of instrument By To or With Dated. ,Recorded L. p. Trust Clause? Consideration or amount $ 2. Kind of instrument By To or With Dated Recorded. L. p, Trust Clause? Consideration or amount $ CLOSER: (a) Always PRINT Name of Insured fully and completely and write all other names legibly. (b) where there are two persons, indicate whether husband or wife. (c) if first names are unusual indicate whether male or female. Abstract fully terms of payment of any mortgage delivered on closing. Show addresses - of all grantees and individual mortgages. Other information and recitals Stamps affixed $ Stamps affixed $ 3 Kindof instrument__ By To or With Dated Recorded. L. p. Trust Clause? Consideration or amount $ 4. Kind of instrument By To or With Dated. Recorded L. p. Trust Clause? Consideration or amount $ REPORT OF CLOSING (Cont'd) Other information and recitals Stamps affixed $ Stamps affixed $ t FOR EXAMINING CO,U, NSEL'S USE/ IN PAYING COMPANY S CHARGES,/ Insurance Charges ........................ $ U.S Coud, Superior Court and Tax Searches .... $ Revenue Stamps .......................... $. Recording ........................... $ Total $ FOR CASHIER'S USE Rece ed c~,~c~, for $ on (Cashier) The undersigned certifies that ail searches have been duly continued from the date of the Ce'~dicate et T~t!e ;~, r isheo by the unders,gned to _ _ at M. an.. that ar~y retLlrr-, :ound o¢~ such c,r~ tinuation have been adequately r¢'t coted irt sa~d ( ediqca:e (f T}tie The closing instrur ~, a: nUfT~ enll¢ Policy No. T1286-2146 AMENDED SCHEDULE"A" Thepremisesin whichtheinsuredhastheestateorinterestcovered bythispolicy ALL that certain plot, ~ie~e or/parcel of land, situate, lying and being at Fishers Island, in the Town off~kclb.~ ~ia,.~, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Ocean View Avenue, distant North 863.36 feet and West 3492.58 feet from U.S. Coast and Geodetic Survey Triangulation Station "Pros" and being where the westerly side of lands now or formerly of Helen P. McKow~, intersects northerly side of Ocean View Ave. and from said point of beginning; RUNNING THENCE Westerly along the northerly side of Ocean View Avenue North 58 degrees 56 minutes 00 seconds West, 97.84 feet to land now or formerly of Joan W. McCall; THENCE along last mentioned land the following two courses and distances: 1. North 34 degrees 00 minutes 00 seconds East, 142.00 feet; 2. North 45 degrees 44 minutes 00 seconds West, 140.48 feet to the easterly side of Equestrian Avenue; THENCE Northerly along the easterly side of Equestrian Avenue, the following two courses and distances:. 1. North 40 degrees 36 minutes 50 seconds East, 73.60 feet; 2. North 22 degrees 09 minutes 55 seconds East, 112.70 feet; THENCE South 79 degrees 28 minutes 04 seconds East, 215.44 feet to a point; THENCE North 33 degrees 53 minutes 45 seconds East, 108.15 feet to a point THENCE South 68 degrees 18 minutes 27 seconds East 225.34 feet to a point; mu~ ~~- --' ~ 15'~ 32 .... I .... ~,u=~, ~6. degrees ~5. minutes !~ seconds West~ ~ ~. feet to lend now ......... ~" c~ t]-clcn P~ McKo%.n aferesai~ isl.- i f~et ~ 'the ncrther!v ~4de ..... ~-~ ......~ View Till il i'~_~!_ 83 . .-_c~.~u_ West a~c~ the _. 716 REV 15M 4/85 Policy No. T1286-2146 32qEND~D 2nd SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece, or parcel of land, situate, lying and being at Fishers Island, in the Town of Shelter Island, County of Suffolk, State of New York, bounded and described as follows; BEGINNING at an iron pipe on the easterly side of Equestrian Avenue where,= the southerly line of land now or formerly of Susan K. Stickney intersection said easterly side of Equestrian Avenue; RUNNING THENCE South 79 degrees 28 minutes 04 seconds East along last mentioned land 176.39 feet to an iron pipe; THENCE North 53 de~ees 53 minutes 45 seconds East still along last mentioned land 95.00 feet to an iron pipe; THENCE South 68 degrees 18 minutes 27 seconds East 40.93 feet; THENCE South 33 degrees 53 minutes 45 seconds West 108.15 feet; THENCE N~rt~ 79 degrees 28 minutes 04 seconds West 215.44 feet to the easterly side of Equestrian Avenue; THENCE North 22 degrees Equestrian Avenue 20.42 BEGINNING. 09 minutes 55 seconds East along the easterly side of feet to the iron pipe at the point or place of TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Title No. T1286-2145 Disposition 23) SCHEDULE"B"CONT, 1. Vacant land. 2. Building lines within record lines as shown on surv by Chandler, Palmer, & King dated 3/14/86 and subject to any changes since that date. TICOR TITLE GUARANTEE TICOR TITLE INSURANCE TICOR TITLE GUARANTEE COMPANY, a New York Corporation, and TICOR TITLE INSURANCE COM- PANY, a California Corporation, together herein called "The Company," certify to the Applicant named on the following page that an examination of title to premises described in SCHEDULE A has been made in accord- ance with its usual procedure and agrees to issue its standard form of insurance policy in the amount and for the transaction set forth thereon and the marketability thereof, after the closing of the transaction in con- formance with the requirements and procedures of The Company excepting (A) All loss or damage by reason of the estates, interests, defecL~, objections, liens, incumbrances and other matters s~ [ forth herein that are not disposed of to the satisfaction of The Company prior to such closing or ~ssuanc6 of the policy (B) Any question or objection coming to the attention of The Company before the date of closing, or if there be no closing, before the issuance of said policy and (C) Subject to the Conditions and Stipulations, Provisions, and Closing Requirements herein. The Certificate of Title has been prepared in accordance with the iniormation and instructions received. If any changes or additions are desired, please notify The Company promptly. Questions concerning the within certificate should be directed to: DAVID M. PETRIE JR. 400 WEST MAIN STREET RIVERHEAD, NEW YORK 11901 516- 727-2300 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Dated: Feb~cuary 28, 1986 . Certified by: ~t ~ ~ ~_~'ad~,¢,C~'~ ;a~thorized Signature Redated: By: Authorized Signature TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Cou~t~y : SufIol~ ~own : $ouc~old 1OS0 Bad pact o~ 5.00~ F~ueet~aa Avenue & O~ea~ V~w Ave. ~ Gllen~ of ~lh~, ~d, ~dl~y a ~l~Cloy see Cert~fi~:l~n Prup~re~ ~or~ M~lbank, Tweeu, Haal=y a ~tcGloy 1 Ch~ae H&nna%tan Plaza ~ew Yor~, NY lOOu~ AITH: James Flnne~an, Esq. 530-53~U 800 (9/851 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ~opi~s of ~h£s report nave Oeen se~L tO: Buyer/Bo£rower~s Agcorney; Milaan~, Ywe=d~ ~admey e i Chase Manl~tCan Plaza Attn: James Flnmegam, Esq. 8OO (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY TITLE: ~ianchac~ a~*d Norman D. ~arCer ~£y the followin~ two deeds irom Janet Bo Carter: By One of I)ev/,~emfS u~d. ex ~t Wit~ & Testameat of Winiired Comm., ~ ~ ~[;~P1975 im Suffol~ By dee~ from ~'ra~k J. Clar~, survivin~ spouse of Barlegt Clar~, decease~ dated 3/26/1~74, recorded 5/2/19/4 l~t Liber 7b~O cp 302 and 800 (9/85) TICOR TITLE GUARANTEETICOR TITLE INSURANCE Schedule 'B' Exceptions to Coverage We set forth the following six matters which will appear in our policy as exceptions from coverage: 1. Defects and incumbrances arising or becoming a lien after the date of this policy. . Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building and environmental pro- tection) as to use, occupancy, subdivision or improve- ment of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any violation thereof. 4, Judgments against the insured or estates, interest, defects, objections, liens or incumbrances created, suffered, assumed or agreed to by or with the privity of the insured. 5. Title to any property beyond the lines of the prem- ises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or water- ways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, ur~less this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any pro- visions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to the abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. The following estates, interests, defects, objections to title, liens and incumbrances and other matters are excepted from the coverage of our standard form of policy unless satisfactorily disposed of prior to the closing or delivery of the policy: 7'. Taxes, tax liens, tax sales, water and sewer charges, assessments and other charges set forth herein. 8. Rights of tenants, if any. Continued 802 50M/4-85 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY il. 13. 14. ih. returnee herewith and sec forth herein. ~e descriptxon contained in Sc~eduie A is not insured without survey go be mauc and sub,nAiLed to Lnc Company. AlTy state of ~acts a personal ~mspectio~ of tt~e premises may fha descrzption contained in bcheduie A is for reportxn~ only and is not to be used in any closing instrument. Up oZ a properzy ~u~rante~d survey, a proper d~scrzption r~eE~s, covenants, and ~es[~cElons eom[ained in an ins[ru recorded in L~ber Z~ Cp 3t8, Liner Z4~ cp 3Z2 end Libor rna con,tact o~ sale ¢o~e~l~ :he p~eeent transaction mas suOmiccea prior ~0 the closing, !urposes ~n receip~ ' be drawn. 6~ cp ~66. Proof is require~[ tha~ th~ fOllOWl~ ll~med person has not~ been ~nown Dy any other married or maiden name wigain g~e last gee ~o%m my any other married or maiden ~ame wi=nin ghe £as~ ten i/. £nere is a power of a~corney xn Lioer 5040 cp 3UZ whereby Mary ~lanchard appoints Step~en L. Blanchard to me her attorney in fact. if said powe~ is to be used, proo~ wilx b~ required C[la~ ~he do~or is alive a~d under no incapacity amd t~at saia power ~as not been revolted. A~ ~o dlsaD%lity and intemperance your at~entlo~ is drawn to Sact£om 5-1601 of the General Obligations Laws. % id. ~e: Estate of Ifheodoru ~. Smith, £i£~ deceased on ll/lo/~9o~, Sulfo£k County File 1890P1965. a. Proof o~ paymen~ oi New Yor~ Estate Taxes. b. Proof of paymen~ of Federal Estate Taxes. i~. Ciosia~ fiduciary ue~d mus~ express fui± coasiae£acion. CONTINUED 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ~etur,~.~ part 5at. ~J3.22, fiiea 4/X6/84 oOC~: £ND~iX: $~ 4th Suffolk 1919 Mdi. Cry. Kd. 3 ~u~' ::~tom Quadrangle PgRF: $541.t2 152083 370 7~h Avenu~ New Yor~, NY 440 Ave. F. ~roo~lyn, NY ~NT: ~ERF; DUCK: iNDMX: ATTY: $323.15 5/lo/Th 5/13/7~ /6 403/ 491 Sup. Suf~oi~ Kayas & $chert~ New York, NY ~Lraigh~ Path PrOfo Group c/O Atty. Ylt~odorc Smith ~yan~anua~ NY AMOUNT P£KF DOCK ii~OgX CO~ KT ATTY $151.72 ~/201lb 8/13176 ~$C 26~7 7o 107 5th 5~foim ~. Patric~ Hu&hes 030 Vets. Mem. ~wy. Hauppau&e, NY 800 (9/85) u.~POSITION OF JUDGMENTS AND/OR FEDERAL TAX Schedule "B" shows judgments and/or Federal Tax Liens which are or may be liens against the premises and should be disposed of prior to the date of closing either by satisfaction or discharge of record, or by submission to us in advance of closing of proof by affidavit acceptable to us that the judgment debtors are not the persons in our chain of title, and that such judgment or ~ns that pertain to the name of the current owners were not ob%~i~ed against them. With respect to Federal liens it is especially necessary that such it~ms be cleared in advance of closing by either arrang- ing for atte~,~tance by an IRS agent or the obtaining of a letter indicating ~ii~t they will issue a discharge of same upon receipt of a sum cer~ kn0 TICOR TITLE GUARANTEE COMPANY TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ~G~DOLE "A" RONN£NG THENCM westerly o~ong the northerly side o~ Ocean View Avenue the iormeriy of joan W. McCall; t~o cour~s an~ a~sgancem: Z. North 22 de~ree~ 09 minutes 55 seconds East, 112.70 keet; T~N~ North 33 degreee 5J mAnuges 4~ secede ~asc~ 112.4/ feet to a point; f~NCE Sout~ 4~ degreem 45 m~nutes 19 meters West, 3~6.32 ~eet to ia~ mow or THENCE Sou~n lo d~rucs Z~ minuc=s 40 secondsWest along last mentioned land, 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 80O (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY examination, this fact wixl oe noted nereir. tax map com~orm co the ~escription ~o be i ed. ~ Except any unpaid water charges or Sewer Kent charges as Gompany makes no search for same. inquiry snou£d made from the prese~g owner as go who furnished water and servicu$ Sewer, if amy, go c~ese premises. Recen: payments of any open items returned on chis tax search may no: ye: be ~o ttave the receipted bills available at the closi~. 800 (9/85) And it is hereby covenanted and agreed by the pa~:ty of the secmd part for his heir's and assigns ~r,d this convoyan~e is made upon the ex. ross condition the~ ~ll such fencimg as shall be desired or required for the proper enclosure of the pre.tees l~ercby conveyed shall bo done by the party of tl~o s~cond p~-t, his heirs or assize ~ no p~t of th~ e:~enss ther~of sh~l b~ fi~. ,., ~ part. ~hargeab!e to or borne by s~d party of ~h~ Dmd the s~d p~Y of the second p~t fo~. ~d in consideration of the convey~ce of the abov~ mentioned ~nd described l~dS ~ud proemes made by these pre~ents hath covenanted ~d agued ~d by these p~sents doth for ~.s heirs ~d assize o~,~ . · interest o~ ha~ at ~ ~ture t~e ~Y estate .... ~t title in ~d to the above described l~nds ~ud ?~:~ses or ~Y p~-t' thereof, coronet ~d aEree to ~d ui'~ {~,~ s~d p~Y of th~ first pzrt, l~m ~ccessors ~%d ~si~s tha~ there sh~l no~ be ~ctod o~ al!O%,~ed to be erected or carried on, on the pr~ses h~reb~ conveyed or o~% ~Y of ~] s~e .~Y di~tille~, slaughter ho~ or so~D, c~dle, oil, ~t~ch, vs~sh~ ~triol, ~ue, ~nx or t'~entine factory or factory for t~, dressi~ or preparing slant, hides other d~-gerous noxious 1.~uhe. o~ ~Y sug~ b~e~ or any or offensive establiS~ment or business ~.~hatever, ~d that no b ~-~d sh~ll bo us~d or occu~d fori~Y p~t of the l~d he~ ~_ ~--~ *~ ~he covenants ~d ~recm~n~ ~ch put. ese oz~.P~u~s~o~e~sald party of the. sscona p~r$, his heir~ ~.d ass!~s ~,h~l ~% ~';.~un tho l~d ~d be obllgato~ on eVe~ person ~d ~sernons cOrporation ~d corporation~ o%,~i~ tho semper havi~ m~Y esthete, title or interest therein that would encycle th~m or any of them or either of them to %~olate ~J~ of the s~id covenants. or ~rcement s. If closed by examining counsel the cer- tification on the reverse side hereof must also be completed and signed by said examining counsel. By whom closed Transaction closed at office of The persons present were: Name Title No. REPORT OF CLOSING Date Closed __ Address Interest The identity of the persons executing the papers delivered on closing was established by th~ following evidence: (Fee)- To Title policy is to be sent Address Fee [] Mtge. [] policy (Mtge.)-To delivered on closing Address The following instruments were executed and delivered 1. Kind of instrument By. To or With Dated. .Recorded L. p. Trust Clause? Consideration or amount $ 2. Kind of instrument By To or With Dated Recorded L. p. Trust Clause? Consideration or amount $ CLOSER: (a) Always PRINT Name of Insured fully and completely and write all other names legibly. (b) where there are two persons, indic,~i,~, whether husband or wife. (c) if first names are unusual indicate whether male or female. Abstract fully terms of payment of any mortgage delivered on closing. Show addresses - of all grantees and individual mortgages. Other information and recitals Stamps affixed $ Stamps affixed $ 3 Kind of instrument By. To or With Dated _Recorded L. P, __ _ Trust Clause? Consideration or amount $~ 4. Kind of instrument By_ To or With Dated _ RecOrded L p. Trust Clause? Consideration or amount $ REPORT OF CLOSING (Cont'd) Other information and recitals Stamps affixed $ Stamps affixed $ ( FOR EXAMINING COUNSEL'S USE~ IN PAYIN, G COMPANY'S CHARGES~ Insurance Charges ........................ $ U.S. Court, Supedor Court and Tax Searches .... $__ Revenue Stamps .......................... $. Recording ............................... $ Total $ FO~ 3HIER'S USE Received c,~:~ for C K on , rCashier) The undersigned cerhfies that ~ searches have been duly continued from the date of the Cemficate of Title fur nished by the undersigned to at M and that any retufr' found or~ $~mt on tmuation have been adequately reflected in said Cemficate of Title The closing inst'rume; ,s r'umbering have been abstractedabovc No other instruments were delivered on closing. Policy No. T1286-2148 AMENDED SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Equestrian Avenue, distant North 1,653.25 feet and West 3236.20 feet from U.S. Coast and geodetic survey triangulation station "Pros: and being where the Southwesterly of lands now or formely of John F. Kramer and Hilary Jenner, said easterly of Equestrian Avenue and from said point of beginning; RUNNING THENCE easterly and northerly along last mentioned land the following two courses and distances: 1. South 51 degrees 33 minutes 20 seconds East, 105.00 feet and 2. North 43 degrees 42 minutes 40 seconds East and land now or formerly of Rowland Aswald and his wife, 122.31 feet to land now or formerly of William J. Hilliard and P.C. Hartling; THENCE along last mentioned land the following two corses and distances: !. South 46 degrees 26 minutes 00 seconds East, 90.00 feet and 2. North 89 degrees 2~ minutes 18 a point: /KiTC~ South 26 degrees 07 minutes ts a point: seconds East, 149.49 feet to 55 seccnds West, 411.85 feet ............. nut_. 5eccnds West. 266.27 feet ~_ _eeZ tc tl:e point o-- Title No, T1286-2148 Disposition 23. SCHEDULE"B"CONT. 1. Vacant Land 2. Building lines within record lines. As shown on survey by Chandler, Palmer & Kings dated 3/14/86 and subject to any changes since that date. TICOR TITLE GUARANTEE TICOR TITLE INSURANCE TICOR TITLE GUARANTEE COMPANY, a New 'fork Corporation, and TICOR TITLE INSURANCE COM- PANY, a California Corporation, together herein called "The Company," certify to the Applicant named on the following page that an examination of title to premises described in SCHEDULE A has been made in accord- ance with its usual procedure and agrees to issue its standard form of insurance policy in the amount and fo~ the transaction set forth thereon and the marketability thereof, after the closing of the transaction in con formance with the requirements and procedures ct The Company excepting (A) All loss or damage be reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth herein that are not disposed of to the satisfaction of The Company prior to such closing or issuance of the policy (B) Any question or objection coming to the attention of The Company before the date of closing, or if there be no closing, before the issuance of said policy and (C) Subject to the Conditions and Stipulations, Provisions, and Closing Requirements herein. The Certificate of Title has been prepared in accordance with the information and instructions received. If any changes or additions are desired, please notify The Company promptly. 801 50M Questions concerning the within certificate should be directed to: DAVID M, PETRIE JR. ~ WEST MAIN STREET RIVERHF. AD, NEW YORK 11901 · 515 - 727-23O0 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Dated: Feb~ruary 28, 1986 ,~tho~ized Signature Redated: By: Authorized Signature TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY County ; Su~ol~ Town : Sout~old Tax ~tup De$lg~tacion: b~strzcC: 1000 BIoc~ : 6 50[ks) : parc Of 5.00J Title Number: Preml~s: Proposed Prepare4 PO={ Mll~aak, Tweed, fl&dley & HcCloy ~seManhaccan Plaza York, M~ 10005 AT~M~ James Ylnne~an, Esq. ~S30-5380 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Buyer/~orrower"s Agcorney: ~llbanK, Tweed, Eadley & McC£oy New ¥or[, NY 10005 ~cEn: James Finne~an, 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Title Number: TIZ~b-214d f~l£M COM~NY FU~[T~R C~KTiFIES C~taC a ~ood aaa ~r~eCaDie described in Schedule A, subject to the liens, incumorancem and orner macterm, if any, aec forLn in Schedule B o~ czlis certi~:cace oy: $OURCg OF TITLE: As to 1/2 interest: ~iary C. Blamcnard an~ Norman O. Carter By t~e followi~ two deeds ~rom Jamet ~. Carter: ~t) Oat~ 2/ZJ/~,~ rme.~ ~]14/194~ in Liber 4~60 cp . 52 and ~2) ~8/~; r~ded ~/zg/19b0 in Briscoe ~ Smith One o£ oi Winifred Bartl~t~ I late of Faxrf~ei4, Co~n., 1975 in Suffolk County Surroga~ By deed from Fran~ J. Clark, murvivin~ spouse of Wilfred Bariett Clar~, deceased, dated 3/26/1974, reocrded 3/2/1~74 in Libe~ ]630 ap 302 aaa Nancy Wilk.~ Smit~ Executrix under Last Will & Testament of T~eodore H. ~itn, ill, deceased on IA/25/195o, lace of ~folk County File No. 1490P19~5. 800 (9/85) TICOR TITLE GUARANTEETICOR TITLE INSURANCE Schedule 'B' Exceptions to Coverage We set forth the following six matters which will appear in our policy as exceptions from coverage: 1 · Defects and incumbrances arising or becoming a lien after the date of this policy. 2, Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building and environmental pro- tection) as to use, occupancy, subdivision or improve- ment of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any violation thereof. 4, Judgments against the insured or estates, interest, defects, objections, liens or incumbrances created, suffered, assumed or agreed to by or with the privity of the insured. 5o Title to any property beyond the lines of the prem- ises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or water- ways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any pro- visions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to the abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. The following estates, Interests, defects, objections to title, liens and Incumbrances and other matters are excepted from the coverage of our standard form of policy unless satisfactorily disposed of prior to the closing or delivery of the policy: 7. Taxes. tax liens, tax sales, water and sewer charges, assessments and other charges set forth herein. 8. Rights of tenants, if any. Continued 802-50MI4-85 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Disposition 14. 1~. Ticl~ Numb=r: Morc~a&es returned herewith and set fortfl herein. ~NUNE) The description contained in Schedule A is not insured, without survey to be made an~ suOmitted to the Company. Any state of facts a personal inspection of :he premises may The descr~pcioa contained in :~cbeduAe A is for reporcing~urposes ortiy and is not ~o be used in any closing instrument. U~,n receipt oi a properly ~uaran[eed survey, a proper description wil~ be drawn. / Terms, covenants, am/ ~'~tg~Ct;I,~ ~t. alned in an instru~sn~ recorded in Liber 14b e4~ 3A~ Ltber 14~ cp 322 and Liber 2~9 cp 2~. Yhe con~ract ~ ~ ~eE~D4~ ~h~ ~Mmt transaction mu~ ~ Proof is requ~ ~ ~m f~l~J:m~mmmed person has not~ been known by any o~heemar~ied mr ~t~,,-me within the £a~t ten years. Name: Mary C, ~k~M~k'~ Prooi is required t~at ~he following named person Sos no~ been mnowm by amy other married or maiden n~m~ wt[~i~ tbs iast~ ten years. Name; Nancy ~ilks Smith i/. T~ere As & power of attorney in Liber 8040 cp 302 whereOyiMary ~%am~ha~d a~olnts S~ep~en L. ~ianchard to be ~er attorney in fact. ~'~v~ ~ under mo ~ncapacl~y a~ t~t said power ~a ~ot ~een ~Ve~. ~ ~o disability a~ incompetence your ac~enc~o~ is dra~ i~. Re: gm,ace oi Theodor~ ~. Smith, iii, deceased on Suffolk County Pile 1~90P19~. a. Proof of payment of New York Estate Taxes. b. Proof of payment of Federal Estate Taxes. 19. Closing fiduciary deed must express ~uil considers=ion. CONTINUgD ~ 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ZO, ~t~e follo~in~ jud&~enCs ~s~ be a~posed of: ~4) vS. Theodore n. ~m~n~ ~i. See Pose. 21. Ciosi~ deed mus: contain gram~ors source o~ NOTE: IT IS ~QUEST~ T~ T~ SEL~R OB BO~DW~ P~ODU~ 8OO (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY t55 West Shore Eo~d Theodore ~ Eve~yu Smith D~er ParE, b~ J ULX;[~NT$ Returned part Sac. ~J3.TZ, filed 4/16/d4 ~IO~NT: PEt(E: D~CK: SEq: COURT: ATTY: ~/~o/82 4Ih Suffolk Mul£en & £anna~one 1919 Mdl. Cry. Gem~ereacn, 3 Hunc£n~con Qua,:~ ~i~le ~umg~u~on, NY Theoaor~ Smith Deer ParK, NY $54/.7Z 152083 4ch Suffol~ 370 7Ch Awe~e New YorK, FieLd Enterprises Educa:lo~ai~ 440 Ave. P. Tneoddre ~ Malisa R. Smith WyandancB, NY AMOUNT: PELF: DOCK: iNDEX: C, OU~T: ATTY: $JZ3.15 5i13116 ~6 463/ Sup. Suifo~K Kaye8 & Scheft New YorK, NY Straig~ P&~h ~rOf, g£oup c/o Atty. Theuaore 5uutch 111 Waahim~on Avenue Wyan~anch, NY AMOUNT: DOQC: iNDEX: SEQ: COU R'f: ATT~: d/13/76 15C 2b~l 76 5th W. PaCrlcK ~ughe$ $5~ Vets. ~m. Hauppau~e~ NY 800 (9/85) DISPOSITI~N OF JUDGMENTS AND/OR FEDERAL TAX Schedule "B" shows judgments and/or Federal Tax Liens which are or may be l~ens against the premises and should be disposed of prior to the date of closing either by satisfaction or discharge of record, or by submission to us in advance of closing of proof by affidavit acceptable to us that the judgment debtors are not the persons in our chain of title, and that such judgment or liens tha~ pertain to the name of the current owners were not obtained aga~,~st them. With respect to Federal liens it is especially necessary that such items be cl~ared in advance of closing by either arrang- ing for attendance by ~n IRS agent or the obtaining of a letter indicating that they ~i ~l i~su~ a discharge of same upon receipt of a sum certain. TICOR TITLE GUARANTEE COMPANY ARTICLE 31-B REAL PROPERTY TRANSFER GAINS TAX Effective March 29, !983 ~ Real Property Transfer Gains Tax was imposed by Article 31-B ' the Tax Law. It is a 10% tax on the gain derived from the ~- ~fer of real property or the transfer of a controlling interest in an entity which owns and interest in real property located in New York State and where the gross con- sideration is one millio: dollars or more. This tax affects certain transactions which involve grants of assignment, and releases (termination) o~ leases regardless of the stated con- sideration. A pre-closing audit (Transferor and Transferee Ten- tative Assessment) is required in all cases where the consider- ation is $500,00 or more, even where otherwise exempt, except in the following transactions: NOTE: (a) Where the consaderation is under $500,000 except for lease transactions, or (b) Where the consxderation is any amount, but involves only the transfer of an owner occupied sing3 family residence, or (c) The transactic :s a mortgage or any amount of considerati,:~. Affidavit Forms provided by New York State Tax Commission must be used (Information and Forms available on request). The foregoing does not f~31y explain the gains tax. More infor- mation is available by . ' :ing the Company. NEW YORK STATE REAL PROI, . f TRANSFER TAX 1. Chapter 15 Laws of 1983, among other things raises the New York State Transfer Tax to $2.00 per $500 consideration or fraction thereof (on $4.00 per $1,000). 2. In computing the tax, existing liens or encumbrances will be deductible only where the transfer is of a 1, 2, 3 family house or individual residential condominium or where the consideration is less than $500,000. 3. The new tax rate shall take effect May 1, 1983 but shall not apply to transfers of property made on or after such date pursuant to contracts entered into prior to such date. Copies of contracts and assignments are required to obtain benefit for earlier rates. NOTE: 1) A deed in lieu of foreclosure is taxed for New York State Transfer Tax at the rate indicated above based upon the principal balance then due on the mortgage regardless of the recital of non-merger. 2) The State has taken position that development rights are not taxable (unless there is separate consideration stated for the easement.) 3) No special tax form or pre-audit is required. EQUALIZATION FORM Chapter 751 of the Laws of 1980 added Subdivision 1-e to Real Property Law, Section 333, effective November 1, 1980 which requires the filing of an original State of New York State Board of Equalization and Assessment Real Property Transfer Report (Form EA-5217) with every deed submitted for recording in all counties in the state, excepting those in New York City. The reverse side of the form's fourth sheet gives instructions for the form's completion. Some counties require that a fee be paid when submitting this form. Copies of the form can be obtained from your local office o~ Ticor Title Guarantee or from your County Clerk. Some counties require the payment of a $1.00 fee when this form is submitted for filing. TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY SCHEDUL~ "A" T[ci~ ~umber: TiZ~o-Zi~d Town o£ ~oa~aoxd, County of ~foi~, State of New ¥or~, ~onnded aa~ aescrzbe~ as B~G£NNING ac a point on thc easterly ~.de o~ gquestrian Avenue, which a~me is mow or formerly o~ Joan F. Eramef 4n~ H%lary Jenner, an~ ~rom sai~ polBg ~NNiNG ~NCE easterly an~ ~rci~erzy along ~, 'uencione~ ~ud c~e ~o1~ Sout~ 51 de~re~s 3~ m~uu~mm ~ ~ ~-t, lO~.O0 feet am~ ~ Nor~ 4J du~rees 4Z mznu~ ~ ~g~ ~ ~ ~nd now or formeri~ of ~owlauu Aswaid and ~i~ wl~e~ ~12,~1 f~ ~ ~ ~ ~r iormerxy o~ WilLiam Rlimiar~ aud P.U. '£riENUm aiou~ iasc mentioned ~ ~ ~ ~Wo courses an~ 1. Sou~i~ 40 d~greee 26 minut~ 00 seconus g~)t, 90.00 feec and Z. NorLa d~ degrees Z~ minutes 1~ ~conae East, 14~.4~ feec to a point;} T~NGE South 26 degrees 0J m~nucee 55 seconds West) 411.85 feet to a pOint; fiimNCE North 40 ~esrees 53 minutes 45 seconds East, ~oa8 the easterly side of gquestrran Avenue, 240.02 feet to the point or place of BEGiNNiNG. 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY w~lcn are liens at the dace of Chis cerLificanu are sar forth oe±ow. Our policy uoes not insure agalnsL such iceme waich have not become a lien up our Lax search nor our ~olicy covers any part ot streets on which t~e premises be insureu aDuL. If Lne Lax lOLS adore menLion~d cover more or less tha~ the premises u~er examination, t~is fact 'will be no=ed herein. in Such cas~, Lhe inLeres~ud parLles should take Lhe n~ , ssary Steps to ~a~e ~he tax u~ap co~orm co the description to be l~ured. gxcept any unpaid water charges or Sewer Ren= charges as Company ma~es no search for same. inquiry ShOUld De made ~rom the present owner as to who furnis~e~ wager and services Sewer, if any~ to t~ese premises. 800 (9/8S) ~ecent payments of any open items reLurned on [~ls tax search may hOC y,eC be ref£ecLe~ on the public records. Therefore please request the seller o' borrower to have the receip:ed bills avellable at ~e ciomiR~. ~ Covenants as in Libor 2 2L~6 269 " " " 266 And it is hereby covenanted and agreed by the p~:ty of the sec~d part for his heirs and assigns ~nd this conveyance is m~de upon the ex, ross condition thab all such fencing as shall be desired or required for the proper enclosure of the premises hereby conveyed shalI bo done by the party of the sdcoud O~'t, his heirs or assi~s ~ no p~t of th~ e:~eus~ thereof sh~l be 2hargeab!e to or borne by ~d p~ty of the first part. ~d the s~d P~Y of the second p~t for ~d in c .~ideration of the convey~ce of the above mentioned ~ud ~ud proeme~ ~de by thsse pre~ents hath coverture ~d by these p~sents doth for ~.s heirs ~d assid o~ ha~ at ~Y ~ture t~e ~Y estate ri~t, tit in ~d to the above desc~bed l~d~ ~d thereof, coronet ~d agree to ~d ~i'~ the first part, l~s ~ccesso~s ~d ~sl~s that ther~ be a~ctcd o~ ~loWed to be erected cz- carried ou hereb;r conveyed or ou ~Y of the ~ ~' pr~Sez _ . ~o or ~oap, c~.dle, oil, -- ~-~-e~ o~ a~y o%her d~e~ the l~d hel~b~ tSoonveyed .... ~ ou~ose or p~9~e~_~ ~ ~he said par~Y of tne.~ ~eyoIn c~talncd on ~e p~ ~ with She l~d ~d sh~ll ......... cOrPC ~ ,ation ~d p~rt, his hel~"~ ~d ass!~s sh~l ~.~1 ~ .~'~'~ '~' .,_~,~ col~oration~ o~'~ ~-- ' title or interemt thcrein that would enmblo them or ~ny of them or either of thom to ~olmte ~Y of the said coronets, bed lands and agreed s o:,mlng ::~ or interest ~: ~;~y part' ~o.~1 not o~ the or ~Y bided or J nO~i~S ~.d that no cc cu~d for If closed by examining counsel the cer- tification on the reverse side hereof must also be completed and signed by said examining counsel By whom closed Transaction closed at office of The persons present were: Name Title No. REPORT OF CLOSING Date Closed Address Interest The identity of the persons executing the papers delivered on closing was established by the following evidence: I (Fee). To Title policy is to be sent Address Fee [] Mtge. [] policy (Mtge.)-To delivered on closing Address The following instruments were executed and delivemd: 1. Kind of instrument By To or With Dated .Recorded I. p. Trust Clause? Consideration or amount $. 2. Kind of instrument By To or With Dated. .Recorded L. p. Trust Clause? Consideration or amount $. CLOSER: (a) Always PRINT Name of Insured fully and completely and write all other names legibly. (b) where them am two persons, indicate whether husband or wife. (c) if first names am unusual indicate whether male or female. Abstract fully terms of payment of any mortgage delivered on closing. Show addresses, of all grantees and Individual mortgages. Other information and recitals Stamps affixed $ Stamps affixed $ REPORT OF CLOSING (Cont'd) 3. Kind of instrument By. To or With Dated Recorded L. p Trust Clause? Consideration or amount $ 4. Kind of instrument By To or With Dated .Recorded L p Trust Clause? Consideration or amount $ Other information and recitals Stamps affixed $ Stampsaffixed $ - t FOR EXAMINING COUNSEL'S USE/ IN PAYING COMPANY'S CHARGrES] Insurance Charges ......................... $ U.S. Court, Superior Court and Tax Searches .... $ Revenue Stamps ................. Recording .............................. $ $. Total $ FOR CASHIER'S USE · --p .- -- ~ASH for I-I ~celv_e~ CHECK (Cashier) ,19 The undersigned certifies that alii searches have been duly continued from the date of the Certificate of Title fur- nished by the undersigned to at M and th' '. any returns found on such con* tinuation have been adequately reflected in said Certificate of Title. The closing instruments numbering ..... have been abstracted above No other instruments were delivered on closin~ Ex~ .... ~q Cou'~sel TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY il~ tl~at certs.tn plOt~ p£ece ot parcel of Laud, li~ of Keathulie Avenue, 102.10 ~eet to t~ ~cberl7 Ave~; ~CE alo~S cae nozcberly ~NCE No~Ch 71 de&~ees 3U ~tu~cas 43 meco~n Welt, 4~0,0~ ~eec co m poln~; T~ No,Cb 2a deicee8 07 ~uuCe8 55 geco~s ~aiC) 411.85 teac Co a polu~ and la~ now or ~o~merl~ T~ olo~ laa~ meuCto~ la~, C~ ~olLov~ 3 co~:ses a~ d~sC~ces: side oi Heacbulte Avem~ ac cbc potuc oc place o~ BEG~. ~xeepttn~ so much fcou the above de8cclbed p~emiaas vhich Is betu~ dedicated ~o the TO~ of Souc~old log htibvay purposes. TiLls N,~er: T1286-21~7 Description of parcels (parts of Lot i on nlnor subdivision of Briecoe S~ith) to ba conv~yed to t~e Town for street purposea~ PARCEL A: ALL that certain plot. piece or parcel of land beans trian~ular in shape, situate, lying and bsiu$ ac Fishers Island, ?o~n of Southold, bounded and described as follows: BIGIN~ING at a monument on tbs westerly side of Ocean View Avenue distant North 45 degrees 07 minutes 20 seconds East 365.66 feet as ~eaaured along the westerly side of Ocean View Avenue from a monument marking the northeast corner of land now be~ die~aut ~or~h 863.62 ~nd ~es~ 2816.t2 ~ro~ ~he U.S. Coast ~d Trian~a~ion $ta~lon R~ING ~CI from said point of be~lnnin~ Nozth 6 de~zees 06 ~uutes 30 seconds gaa~ along ~e westerly side of Oce~ Vie~ Avenue 80.00 feet to a ~iut; ~'~CE Southerly alo~ the arc ~[ a cu~e bearin~ ~o the right h~inS a radius 225.83 feat and a distance of 28.64 feet to a polncl ~CE South 21 degrees 38 ~nutes ~3 seconds East 13.82 feet to westerly side o~ Oce~ View Avenue at the point or place of P~CEL B: westerly side of Ocean View Avenue and the southwesterly side of Heethulie Avanuat ~UI~ING I~ENCE North 26.06 de~reea 06 ~uutes 20 seconds West al~g ~he sou[~ke~ly side of Reathulie Avenue 18.07 feet Co a point; / · '~CE Southwesterly along ~he arc of a cu~e bearing Co ~he ri~t ~vl~s~ 20,00 Avenue; Y TE~CE North 18 degcees 04 minutes 40 seconds East along the westerly aide of Ocean View Avenue 18,07 feet to the monument at the point or place of BEGINI~ING. 05/t2/85 ll:a? P, Policy No. SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of being at Fishers Island, Town of Southold, follows: land, situate, lying and bounded and described as BEGINNING at a point on the westerly side of Heathulie Avenue, said point being North 1470.8 feet and Westerly 2551.40 feet from the U.S. coast and geodetic survey triangulation station "Pros" and also being where the southerly of land now or formely of Sandra C. Gamber, said westerly of Heathulie Avenue and from said point beginning; RUNNING THENCE South 26 degrees 06 minutes 20 seconds East along the westerly side of Heathulie Avenue, 107.50 feet to the northerly side of Ocean View Avenue; THENCE along the northerly and westerly sides of Ocean View Avenue the following two courses and distances: 1. South 58 degrees 04 minutes 40 seconds West, 108.87 feet: 2. South 06 degrees 06 minutes 30 seconds West 195.45 feet: THENCE North 71 degrees 38 minutes 43 seconds West, 430.09 feet to a point: THENCE North 26 degrees 07 minute~ 55 seconds East, 411.85 feet to a point =nc land now or fcrme!y of Sandra C. Gamber aforesaid; THENCE alon3 last men~icna~ land, the following 3 courses and _. S;_~Lh 2~ Segrees 3~ minutes 00 seconds East, 109.44 feet; .., 00 ........ st, ~"- ~7 feet to t: ~ Side Of l~ie~:'] ,'13r3 Avenue at t! ; i:': in.-- or place cf BEGIN'.<iXl, 708 REV, 1OM 2/86 Title No. T1286-2147 Disposition 23. SCHEDULE "B" CONT. 1) Vacant Land 2) Building line with record lines as shown on survey by Chandler, Palmer & Kings, dated 3/14/86 and subject to any changes since that date. ~LF '.:,7;'~J,.~TEE COMPANY and TICOR TITLE INSLLq/~.NCE C ~' _ ' TICOR TITLE GUARANTEE J TICOR TITLE INSURANCE TICOR TITLE GUARANTEE COMPANY, a New York Corporation, and TICOR TITLE INSURANCE COM- PANY, a California Corporation, together herein called "The Company," certify to the Applicant named on the following page that an examination of title to premises described in SCHEDULE A has been made in accord- ance with its usual procedure and agrees to issue its standard form of insurance policy in the amount and for the transaction set forth thereon and the marketability thereof, after the closing of the transaction in con- formance with the requirements and procedures of The Company excepting (A) All loss or damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth herein that are not disposed of to the satisfaction of The Company prior to such closing or issuance of the policy (B) Any question or objection coming to the attention of The Company before the date of closing, or if there be no closing, before the issuance of said policy and (C) Subject to the Conditions and Stipulations, Provisions, and Closing Requirements herein The Certificate of Title has been prepared in accordance with the inJormatinn and instructions received, If any changes or additions are desired, please notify The Company promptly, BO1 5OM Questions concerning the within certificate should be directed to: DAVID M. PETRIE JR. 400 WEST MAIN STREET RIVERHEAD, NEW YORK 11901 516 - 727-23O0 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Dated: February 28, 1986 Certified by ~'~ ICA Redated: By: Authorized Signature "TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Coun[y : &uffolk Towu : SouC~oid Dis:rice: 100O Section : 9 Block : b Locks) : parc of 5.003 Title NumBer: Proposed Inzured; Seller(s): O¢.e~m V~mW AWet~ae ~ P~hers Is£and 800 (9/85) Prepared For~ ~it~bamk, Tweed, ~adiey & McGloy ~ Ghmse Mai~hagcan Plaza New~otk, ~ 10005 5~53~ TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ~uyer/8orrower°s Attorney: Milban~, Tweed, Hadley & HcCloy ~ Chase Ma~a~am Plaza New Yo~m, NY 10003 At,n; James Fimneg~a, Esq. 530-5~80 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY described in Schedule &, subject to One liens, incumbrances ~nd ocher ma~ters, if by: SOUKCE OF TiTLe[ ~s co 1/2 interest: ~k~y C. 5lancnard cna Norman D. Carter By ~,,e followin~ Cwo deeds f£om Janet B. Carter: 4665 cp ~/~, ~0 cp 'i Srisco~ H, ~m~/& ~~son Smith One of I~ N~& Tes:ament of Winl~red Bar~iet~ t ~/I~IVSO, lace of Fairfield, Conn., A~ui~%l~ ~P1975 in Suffolk CounKy By deed from Frang J. Clar~ su~ivi~ spouse of ~ifilfred B;rleg= Clar~, deceased, daged 3/~6/19?4, reocrded ' Lll/Ig~4 in Llber 75~0 cp 302 aha Nancy WilKe Smith Executrix under Las~ Will & Testament of T~eodore H. Smith, ~££, deceased on 1~/25/1983, lac~ of Suffolk ~oun~y File No. 1890P1965. 800 (9/85) TICOR TITLE GUARAI TICOR TITLE INSURANCE Schedule 'B' Exceptions *o Coverage We set forth the following six matters wi, ich will appear in our policy aa exceptions from coverage: 1. Defects and incumbrances arising or becuming a lien after the date of this policy. 2, Consequences of the exercise and enforc.., ~nt or attempted enforcement of any governmental war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building and environmental pro- tection) as to use, occupancy, subdivision or improve- ment of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any violation thereof. 4. Judgments against the insured or estates, interest, defects, objections, liens or incumbrances created, suffered, assumed or agreed to by or with the privity of the insured. 5. Title to any property beyond the lines of the prem- ises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or water- ways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any pro- visions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to the abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. The following estates, Interoata, defects, objections to title, liens and Incumbrances and other matters are excepted from the coverage of our standard form of policy unless aatlafectorlly disposed of prior to the closing or delivery of the policy: ~'. Taxes, tax liens, tax sales, water and sewer charges, assessments and other charges set forth herein. 8. Rights of tenants, if any. Continued 802-50M/4-85 TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY ti. i3. Ticie Numb~: TiZoo-Ml~/ returned herewith a' i set forth aerein, (NONE) b, The description contained in $caedule A is not insured without a survey to be maas and suOmitted to t~te Company. Any scare of facts a person, inspection of the premises may fhe descrzptioa contained lu ~chedu£e A is rot reportin~ ~Urposea only and is not to be used ~.. any closir~ instrument. Open receipt of a proper~y guaranteed se-' ~, a proper description wil~ b~ drawn, Terms, covenants~ a~re~r" ~ eom~ained in an instru~en~ recorded in Libe~ l~ ap 31~ ~r i~ c~ 322 amd Llber 269 cp ~66, The con~ract ~ oel- .. ~exi-~ ,~e p~nc transaction mue~be Proof is re, kuowu by any years. ~U~med person has not Oeen · r ~t~,~me within t~e last. ten Name: Mary G, ~ · ProoZ A8 required ciutE one followln& n~med person nas not! been ~nown by any other mettled ~r malden ~ame within the lastI ten 1/. T~era AS a power of attorney in Lioer 0040 cp 30Z whereby;Mary ~a~d appoints S~ep~em L, Blauc~r4 co ~ ~er attorney i~ fact, ~ ~d ~er is co ~ ~ea~ proof will be r~quire~ ~a~ the donor ~ a~vm a~ u~der ~ incapacity a~ [~ said power has ~o~ been E~O~. ~ to dzmabiil[y and zncompe~ence your ac[encloD la drawn 13, ~e; ~l~a=e of Theodore ~, ~mi~n, ~1~ deceased ou 11/2~/i95~, Suflolk County File 18~0P19~5. a, Proo~ of payment of New Yor~ gm,ate Taxes, b. Proof of payment of Federal Estate Taxes. 19. Closing fiduciary deed must express full consideration, CONTINUED 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 20. The followiu~ judgments muse be dlspo[ ~d o~: ~4) vs. Theodo~= ~. Smith, i~=. ~ee Y~s~. Closlr~ deed mus= contain ~ranCors sour e of [i~le. NuTE~ Please advis= chis compaay wic~in 48 ~ours of [ne ciosin~. NOTE: ~T iS ~qUE$TED THAT TH~ SE~ [ BO~OWE[ PKODU~ ~CEiPTED T~ Bi~5 AT T~E CLu~ING. 800 (9/85) · TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 155 West Shore ~oad Tn~o~o[e & ~veAyn Smith wd Earl Street D~r Par[, NY J UnGueNTS Returned part Sat. $33.72, filed 4/16/~4 Nationai Bank o~ North America 3 Huutin~ton QuaDrangle ~uacington, NY fheo~ore Smica 4~ Ear£ Street Deer ParK, lqY Field Enterprises Educational 440 Ave. P. B~oo~lyn, NY Theoaore & M. aiisa R. iii Washington Aveuue Wy&nd&naa, NY Strai&ht ~ath PrOf. ~roup c/o Agty. T~eodore ~micn 111Wasai~tom Avenue Wyandanch, NY PEKF: DOCK; COURT: ~I'TY: ~OUNT~ AMOUNT: DOC~: INDEX: aT'fY: 9/10/82 9/Z2/82 SM 2bb8~2 202 4th Suffolk ~lullen a lannarone 1919 ?~1. Cry. Rd. $54, 6Iai::., 152083 ' Mltcheli N. Kay ~70 ]th Avenud New Yo~k, NY ~323.15 5/13/10 ~113!76 Sup. SuifoZl K~yes ~ ~chert )~ Lex%~ton ~venue New Yor~, NY AMOUNT: PEP, f: INDEX: ATTY: 8/i3/76 i~G 2bJ/ 1o ~ 107 5tn Suffolk W. Patrick Hug~es 850 Vets. Mem.~Mwy. Hauppauge, NY 800 (9/85) DISPOSITION OF JUDGMENTS AND/OR FEDERAL TAX Schedule "B" shows judgments and/or Federal Tax Liens which are or may be liens against the premises and should b~ disposed of prior to the date of closing either by satisfaction or discharge of record, or by submission to us in advance of closing of proof by affidavit acceptable to us that the judgment debtors are not the persons in our chain of title, and that such judgment or liens that pertain to the name of the current c~ers were not obtained against them. With respect to Federal liens it is especially necessary that such items be cleared in advance of closing by either ~rrang- ing for attendance by an IRS agent or the obtaining of a le%~er indicating that they will i~su~ a discharge of same upon ~ ~,ipt of a sum certain. TICOR TITLE GUA/~ANTEE COMPANY ARTICLE 31-B - REAL PROPERTY TRANSFER GAINS TAX Effective March 29, 1983 a Real Property Transfer Gains Tax was imposed by Article 31-B of the Tax Law. It is a 10% tax on the gain derived from the transfer of real property or the transfer of a controlling interest in an entity which owns and interest in real property located in New York State and where the gross con- sideration is one million dollars or more. This tax affects certain transactions which involve grants of assignment, and releases (termination) of leases regardless of the stated con- sideration. A pre-closing audit (Transferor and Transferee Ten- tative Assessment) is required in all cases where the consider- ation is $500,00 or more, even where otherwise exempt, except in the following transactions: (a) Where the consideration is under $500,000 except for lease transactions, or (b) Where the consideration is any amount, but involves only the transfer of an owner occupied single family residence, or (c) The transaction is a mortgage or any amount of consideration. NOTE: Affidavit Forms provided by New York State Tax Commission must be used (Information and Forms available on request). The foregoing does not fully explain the gains tax. More infor- mation is available by calling the Company. NEW YORK STATE REAL PROPERTY TRANSFER TAX Chapter 15 Laws of 1983, among other things raises the New York State Transfer Tax to $2.00 per $500 cor~sideration or fraction thereof (or $4.00 per $1,000). In computing the tax, existing liens or encumbrances will be deductible only where the transfer is of a 1, 2, 3 family house or individual residential condominium or where the consideration is less than $500,000. The new tax rate shall take effect May 1, 1983 but shall not apply to transfers of property made on or after such date pursuant to contracts entered into prior to such date. Copies of contracts and assignments are required to obtain benefit for earlier rates. NOT~: 1) A deed in lieu of foreclosure is taxed for New York State Transfer Tax at the rate indicated above based upon the principal balance then due on the mortgage regardless of the recital of non-merger. 2) The State has taken position that development rights are not taxable (unless there is separate consideration stated for the easement.) 3) NO special tax form or pre-audit is required. EQUALIZATION FORM Chapter 751 of the Laws of 1980 added Subdivision 1-e to Real Property Law, Section 333, effective November 1, 1980 which requires the filing of an original State of New York State Board of Equalization and Assessment Real Property Transfer Report (Form EA-5217) with every deed submitted for recording in all counties in the state, excepting those in New York City. The reverse side of the form's fourth sheet gives instructions for the form's completion. Some counties require that a fee be paid when submitting this form. Copies of the form can be obtained from your local office or Ticor Title Guarantee or ~rom your County Clerk. Some counties require the payment of a $1.00 fee when this form is submitted for filing. TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY Tltie Number; Tiz~o-214~ ALL that certain plug, piece or parcel of land, situate, lying and bei~ at BEG£NNANG at a point om the westerly side of Heatnuile Avenue which same Land now or formerly ut Sa[xtra C. Gamber and Zrom said point beginning; P.0NN~G Td~NCE Souta 2o de~rees 06 minutes 20 seconds East alon~ the wes ~rLy side oi flea~hulle Avenue, 107.50 feet to the northerly side of Ocean Vie Avenue; TH/gNCE along the northerly a~[ ~$~mN~ $id~$ ~f Oe~a~ View Avenue ~ollowin~ cwo courses and 1. So~n 50 ne~rees 04 mlnute~ /~O se~$~$ ~, ~OS.~Y ~ee[; 2. ~ougn 0b degree~ 06 miuu~ ~ ~~t 1~.4~ T~q~ North 2U ~egree$ 07 minutes 55 seco~m East, 411.85 feet to a point lan~ now or ~ormeriy of Sandra C. Gam~er T~N~ alo~ Last mentioned land, t~ foliowi~ 3 courses and d~s~ancem: i. 5outh Z~ ~eea 54 ~[e~ OO seuon~s East, 109.44 feet; South 28 ~Xm~ ~4 ~mu~es O0 seco~s ~st, 115.98 feet; a~ 3. North 77 desr~ 32 ~nuCes O0 secoads Eaa[, 16/.9] fee[ to cae wes~eriy side of Heac~ulle Aven~ aC C[~ point or place oi BEGINNING. 800 (9/85) TICOR TITLE GUARANTEE COMPANY and TICOR TITLE INSURANCE COMPANY 'Iir~ Numeec: TiZ~O-Zi~7 which are lzens at cms date of this certificate are set forth below. Our po±icy ao~s not insure against such items which ~ave not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search uor our pox£~¥ covers any part of streets on which tits premises to be ~nsured abut. this fact will De noted herein. make the in such case, the interested partxes should teK= the necessary steps tol tax map reform CO the description to be insured. Except any unpaid water caar~es or Sewer Kent c~ar~es as Compauy makes ~o searc~ for same, inquiry s[~ou~u be made fr~ the present o%mer as to who furnished water ~,ecenr payments of any open items rel:urnad on this tax search may not y~t be reflected on the public records. Therefore please request ~he sealer o~ borrower to have the receip~e~ bills ay&liable at the closing, i' 800 (9/85) I Covenants as in Libor ~46 of Dceds~ 269" " ".~ ~66 And it is hersby covenmnted ~nd agreed by the p~:ty of the sec~d part for his heir's and assigns ~nd this conveyance is m~e upon the excess co, irish tha'b ~ll such fencing as shall be d~sired or required for the proper enclosure of the premises hereby conveyed shall be done by the party of tho mdcond p~-t, his heirs or assign ~ no p~t of th~ e:~euse thereof sh~l ~hargeable to or borne by s~d party of the first part. ~d the s~d P~bY of the second p~t for ~d in consideration of the convey~ce of the above mentioned ~ud described 1~ ~d p~Mes ~de by these presents hath covenanted ~d ag~ed ~d by these p~sents doth for ~s heirs ~d assign o'~ or hm~g mt ~y ~ture t~e ~ estate rift, title ~r interest in ~d to the stove deserted l~dS ~d presses or ~Y thereof, coven~t ~d agree to ~d wl'~ the m~d P~Y of the first p~rt, l~s ~ccesoors ~d ~si~s that there sh~I not be a~ctcd o~ ~tmqad to be erected or carried on, on the r~Sez hereb~ c~nveyed or on m~Y of the ~o ~mY bre~cz~; . ~i~tille~, ~l~u~ter ho~O or ~oBp, c~dle, oil, 1. ~ue, ink or t~entige f~_~Y or ~Y vs.~sh, ~trio _ __ ~ .... re~r~~ ~, hides for t~, dres~i~ ~' ~ factory !e~her o~ ~Y suga~ b~e~ or ~ny other d~.ger~ noxious or offensive establlS~mer-t or buslne~m w~hatever, ~.d that p~ of the X~d hereby conveyed sh~l bo ~ed or occu~d for ~uch pu~ome or p~o~es, ~d that the covenants ~d ~recments he~'ein c~taincd on ~xe parc of the said party of th~econd sh~lI · ~ n rmons corporation p~rt, his heir~ ~d assign sh~l ~ with the l~d coz~oration~ o~ that would enmblo thrum or ~uy title or interest therein m~y of the said them or either of thcs to ~ol~te - ' If closed by examining counsel the cer- tification on the reverse side hereof must also be completed and signed by said examining counsel. By whom closed - ' Transaction closed at office of The persons present were: Name Title No. R~_~ ORT OF CLOSING Date Closed Address Interest The identity of the parsons executing the papers delivered on closing was established by the following evidence: Title policy is to be sent { (Fee)-To Address Fee [] Mtge. [] policy (Mtge.)-To delivered on closing Address __ The following instruments were executed end delivered: 1. Kind of Instrument By. To or With Dated Recorded L. p. Trust Clause? Consideration or amount $ 2. Kind of instrument By To or With Dated Recorded. L. p. Trust Clause? Consideration or amount $ CLOSER: (a) Always PRIN~ Name of Insured fully and completely and write all other names legibly. (b) where there are two parsons, indicate whether husband or wife. (c) if first names are unusual indicate whether male or female. Abstract fully tem3s of payment of any mortgage delivered on closing. Show addresses, of all grantees and Individual mortgages. Other information and recitals Stamps affixed $ Stamps affixed $ REPORT OF CLOSING (Cont'd) 3, Kind of instrument By_ ToorWith Other information and recitals Stamps affixed $ Dated Recorded. L p. Trust Clause? Consideration oramount $ ,, ~ 4. Kind of instrument By Toor With Dated. Recorded L. p. Trust Clause? Consideration Or amount $ Stamps~ffixed$ -- / FOR EX^M N,NG CC 2L'S USE\ t~lN PAYING COMPAI' ,HARGESJ Insurance Charges ........ U.S. Court, Superior Court and Tax Sea?ches... $. Revenue Stamps ...................... Recording ............................ $ $. Total $ - FOR CASHIER'S USE .Rece~v_ed_ c.~cK fo $ on ,19__ (Cashier) The undersigned certifies that all searches have been du(y continued from the date of the Certificate of Title fur- nished by the undersigned to at M. and th' t any returns found on such con- tinuation have been adequately reflected in said Certificate of Title, The closing instruments numbering __ __ have been abstracted above No other instr~ me,~t$ were delivered on closi% -- - '[iCOR T[T,L~ GUARAt~TEE COMPANY and TICOR TITLE INSURANCE COMPANY T LD Southold, N.Y. 11971 (516) 765-1938 August 25, 1987 Mrs. Judith T. Terry Town Clerk Town Hall Southold, NY 11971 Deed from Briscoe Smith et.at, to the Town of Southold Property for,road purposes" at Fishers Island Minor subdivision file no. 1000-9-6-p/o 5.3 Dear Mrs~ Terry: Enclosed is an original record deed as noted above and a copy of the approved~minor subdivision map for Briscoe Smith for your files. As a requirement of the subdivision, 770.69 square feet was requested to be deeded to the Town for improvement in the alignment of Ocean View Avenue and Heathulie Avenue, We have indicated these areas on the photocopied survey. If you have any questions, please don't hesitate to contact our office. Very truly yours, Diane M. Schultze, Secretary Southold Town Planning Board enc. cc: Raymond L. Jacobs, Highway Superintendent with encs. :1_0342 27 EXHI B I T___~A RECEIVED SOIJTIIGLD - "' PARCEL A (Part of Lot 4 on minor subdkvision of Briscoe Smith) ALL that certain plot, piece or parcel of land being triangular in shape, situate, lying and being at Fishers Island, Town of Southold,. County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on,the westerly side of Ocean View Avenue distant North 45 degrees 07 minutes 20 seconds East 365.66 feet as measured along the westerly side of Ocean View Avenue from a monument marking the northeast corner of land now or formerly of Helen P. McKown; said monument on McKown's northeast corner also being distant North 863.62 and West 2876.42 from the U. S. Coast and Geodatic Survey Triangulation StatiOn "PROS"; RUNNING THENCE from said point o~ beginning'North 6 degrees 06 minutes 30 seconds East along the westerly side of Ocean View Avenue 80.00 feet to a point; THENCE Southerly along the arc of a curve bearing to the right having a radius of 225.83 feet and a distance of 78.64 feet to a point; THENCE South 71 degrees 38 minutes 43 seconds East 13.87 feet to the monument on the westerly side of Ocean View Avenue at the point or place of BEGINNING. A C~: (Part of Lot 4 on minor subdivision of Briscoe Smith) BEGINNING at the monument marking the corner formed by the intersection of the westerly side of Ocean View Avenue and the southwesterly side of Heathulie Avenue; RUNNING THENCE North 26.06 degrees 06 minutes 20 seconds West along the southwesterly side of Heathulie Avenue 18.07 feet to a point; THENCE Southwesterly along the arc of a curve bearing to the right having a radius of 20.00 feet and a distance of 29.39 feet to a point on the westerly side of Ocean View Avenue; THENCE North 58 degrees 04 minutes 40 seconds East along the westerly side of Ocean View Avenue 18.07 feet to the monument at the point or place of BEGINNING. 0342 2 PARCEL C (Part of Lot 1 on minor subdivision of Briscoe Smith) ALL that certain plot, piece or parcel of land, being triangular in shape, situate, lying and being at Fishers Island, Town of $outhold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Ocean View Avenue distant North 45 degrees 07 minutes 20 seconds East 285.66 feet as measured along the westerly side of Ocean View Avenue from a monument marking the northeast corner of land now or formerly of Helen P. McKown; said monument on McKown's northeast corner also being distant North 863.62 and West 2876.42 from U.S. Coast and Geodetic Survey Triangulation Station "PROS", RUNNING THENCE from said point of being North 45 degrees 07 minutes 20 seconds East along the said westerly side of Ocean Avenue 80.00 feet to a monument; THENCE North 71 degrees 38 minutes 43 seconds West 13.87 feet to a point; THENCE Southerly along the arc of a curve bearing to the right having a radius of 225.83 feet and a distance of 75.13 feet to the westerly side of Ocean View Avenue at the point and place of BEGINNING. 1.0342 STATE OF COUNTY OF /~ On the ~ day of ?_~___~_, 1987, before me personally came BRISCOE R. SMIT~, to Ime known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed~e same. ~~. 3~. STATE OF ~t~~ ) On the~c~--day of~A_._/~, 1987. before me to,me known to be the personally came NANCY W. SMITH, individual described in and who executed the foregoing and acknowledged that she executed the same. instrument, Notary Public T~m~S,~ ~. ~O~STAL~. 0342 ?t ~. 2 STATE OF~~ .On the /F day of~./ , 1987, before me personally came NO.AN D. CARTER, ~ me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF : s.: CO~TYOF~~) On the /~ day of ~//, 1987, before me personally came N6RMAN D. CARTER, ~ me known to be the attorney-in-fact of MARY BLANCHARD~ the individual described in and who by her said attorney-in-fact executed the foregoing instrument, and duly acknowledged before me that he executed the same as the act and deed of MARY BLANCHA~ therein described, and for the purpose therein mentioned, by virtue of a power of attorney duly executed by the said MARY BLANCHARD, dated April 28, 1986, and ~ recorded in the Office of the Clerk of the County of Suffolk tar~y 'Publ {~/ T 69t I NO CON- SIDERATION ./ ~O~q~LT Y. DUR LAWYER BEFORE SIGNING THIS INSTRUMENT- THIS NSTRUMENT SHOULD BE USED BY LAWYER ss a~ ' ~ Yen a a t z New York, New York 10005, NANCY W. SMI~, Executrix of the Es~a~e of Theodore H. Smith, III, deceased, having an address at 50 Greenleaf Road, Darien, Connecticut, NO~ D. C~TER, having an address at Kingwood Road, Poughkeepsie, New York, and ~RY BLANChe, having an address at 35481 Beach Road, Capistrano Beach, ~lifornia 92624, collectively, /partyofthefirstpa~,and ~{E TOWN OF SOU~HOLD, a municipal corporation having an office at 53095 Main Road, Southold, New York li971, party of the second part, WITNESSETH, that the party of the first part, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, does hereby grant and release unto the party of the second part, the successors and assigns of the party of the second part, forever, DESIGNATION Dist. 1000 Sec. ~ o 90 Blk. D 6C Lot p/o CIO5.003 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold on Fisher's Island, County of Suffolk and State of New York, more particularly described in Exhibit A attached hereto~._~! II pooa I~rT C. &].~rd · ~ D, G~r, bT ~he roll. Ifil ~ de~l fr~ J~e~ I, ~lerl 52, a~ 2. da%~ ~X960, r~d~ ~/19~ in ~r q865 op 5iq. OrXaeo~ I. 3B~.#, 8/k/i BrlsQoe lsnoon O~ of ~ devXml uMer ~ bi~ W~i & Tel~% of vLn~rr~ ~XEL~ CXark, de~a~ on 9/18/X980 la~e of Ya~rfXeld ~a., ~oLXIa~ ~e ~. 1764 P 1975 Xfl ~rfo~ ~y ~r~a~ea ~ur~, md by dm ~m Fr~ d. Clara, ~vXvXM s~oo of 5/~X~q XB ~r 7630 op 302 ~ TOGETHER with all right, title and interest, if any, of the part) of the first part in and to a[,~ streets and roads abutting the above described premises to the eenter lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first pan 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 part~ of the second part forever. ' . AND the part~ of the first part covenants that the part)- of the first part has not done or suffered an~lhir,: ssherebs the said premis.~-~ have [~t'~n encumbered mans ~,'a~ ~,hateser. except as afor~aid trtJ-: I'ulld to ~e ~c, pliet fir~t for the purpose of va~,na ~e to!t o[ the ,mprovement and ~d[ appl} the -., e fir,t the paxmen/ ,,~ the c.st of the impro~eme./ be~.re u~lna an~ part of the total of the same for an~ other purpose. The ~ord "path" ~haH be construed as ii et read "parde~" whene~er the sense of this indenture ~o re,lu~res. IN WITN~S WHEREOF, the partx ,J the first part has duk executed this deed the da~ and xea. fb~t aboxe BRISCOE R. SMI/H NANCY W. SM~, Executrix of the Estate of T~eodore H. Smith, III, deceased NORMAN D. CARTER her a~torney-~n-~act STATE OF NEW YORK, CountY OF On the da,', of 19 , before me personall,, came to me kno~,n to be the individual described in and who execuled the foregoing instrument, and acknowledged that executed the same. On the day of 19 , before me to me known, who, being by me duly sworn, did depose and sa}' that he resides at No. that he is the of , the corporation described in and which executed the foregoing ~slxument; that he knows the seal of said corporation; that the soalAfll,ed to said instrument is such corporate s~al; that it w~s so affixed by order of the board of directors of said corpora. tion, an~ that he signed h name th~r~o by ~ order. STATE OF NEW YORK, CO~UNTY OE ss: ' ' /5/ to me ~own to behind, al d¢~fi~ in ~d who executed ~e foregoing ins~m~t, ~d a~led~ed executed ~e ~me/~ ~ 5,~ ~/. // /, Gommi~ida Eipik'i~ June 30, On the day of 19 , before me personally came the subscribing witness to the foregoing insU'ument, with whom I am personally acquainted, who, beingby me duly sworn, did depose and say that he resides atNo. ; that he knows to be the individual described i~ ~d 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 BI,OCli LOT COUNTY OR TOWN RETURN BY MAlL TO: D Southold, N.Y, 1197! (516) 765-1938 June 5, 1987 Ms. Ann Jacobson, Esq. Milbank, Tweed, Haldey and McLoy One Chase Manhattan Plaza New York, NY 10005 Re: Minor subdivision for Briscoe Smith at Fishers Island Dear Ms. Jacobson: Enclosed is a survey for the above mentioned approved proposal which has been endorsed by the Chairman. if you have any questions, please don't hesitate to contact our office. Very truly yours, enc. BENNETT ORLOWSKI, JR. , CHAIRMAN . TOW~OARD ~ ~.~~cretary TICOR TITLE GUARANTI I Dinae Schultz Southold Town Planning Board Town Hall Southold, New York 11971 May 13, 1987 Title No. T1286-2149 ~ ASD RESTRIO,'iONS (FISHER'S ISLAND) Dear Ms. Schultz: Enclosed please find Declaration of Covenants and Restrictions filed with the Suffolk County Clerk's Office on May 6th, 1987. Certified copy of same being sent to you at the request of Mr. Js~nes J. Finnegan, Esq. of Milbank, Tweed, Hadley and McCloy, Esqs., One Chase Manhattan Plaza, New York, N.Y. 10005. DMP:dca Enc. ~d M~. lYny°urs ~ ~e,V .~ Senior Title Officer Assistant Vice-President Ticor Title Guarantee Company 400 West Mair~ Street, Riverheac~, New York 11901-2807 (516) 727-2300 MILBANK, TWEED, HADLEY & Mc-CLOY RECEIVED B~' i~,21 ~o-5ooo DIRECT DIAI- NUMBER DATE /'~(~7 w.u. ~z-s~gs (212) 530-5380 April 23, 1987 Re: Minor Subdivision made for Briscoe R. Smith Fishers Island, New York Mr. David M. Petrie, Jr. Ticor Title Guarantee Company 400 West Main Street Riverhead, N.Y. 11901 Dear David: Enclosed please find a fully executed copy of a Declaration of Covenants and Restrictions, together with the Power of Attorney from Mary Blanchard to Norman D. Carter. Our final subdivision approval is contingent upon the filing of the Declaration. Accordingly, please arrange to have the Declaration and the Power of Attorney duly recorded and returned to me so that I can forward a recorded copy of the Declaration to the Southold Tower Planning Board. If you have any questions, please feel free to call me. Your prompt attention to this matter is greatly appreciated. JJF:dm Enclosures FEDERAL EXPRESS cc: Briscoe R. Smith, Esq. Ms. Diane M. Schultze~ Hugh Freund, Esq. Steve Hamm, Esq. Herb Hummers, Esq. SL~~Y Southold, N.Y. 11971 (516) 765-1938 April 8, 1987 Mr. James J. Finnegan Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re: Briscoe Smith at Fishers Island Dear Mr. Finnegan: Enclosed is a copy of the correspondence from our Town Attorney with regard to his review of the covenants and restrictions for the above mentioned proposal. Would you please amend the declaration accordingly and file with the Office of the County Clerk. Upon filing would you please forward a certified copy to our office. If you have any questions, please don't hesitate to contact our office. Very truly yours, [,aa, ia, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ROBERT W. TASKER Town Attorney O FFI(~DORNEY 425 MAIN STREET · P.O. BOX 697 GREENPORT, LI., NEW YORK 11944 April 6, 1987 TELEPHONE (516) 477-1400 Mr. Bennett Orlowski, Chairman Planning Board of the Town of Southold Main Road, Town Hall Southold, New York 11971 Re : Briscoe R. Smith Minor SubdivisiOn Dear Benny: By your letter to me of March 18, 1987, you asked me to review the proposed Declaration of Covenants and Restrictions with respect to the above captioned minor subdivision. I have the following comments. The Planning Board passed a resolution on February 23, 1987 wherein it approved the above subdivision subject to eleven enumerated conditiOns. Conditions 1, 2, 3, 4, 7 and 8 Set forth in your resolution are included in the declaration, and are acceptable. The first paragraph of the Declarations refers to a description of the premises as being contained in Exhibit A, which was not attached to the Declarations,and presumably, the description was taken from a survey map which, likewise, was not attached to the papers. Accordingly, I cannot vouch for the accuracy of the description' which is presumably contained in an Exhibit A Which is in your office. As I have repeatedly advised you, since this is a minor subdivisiOn map, it will not be accepted for filing in the County Clerk's office and therefore, the description must be annexed to the Declaration and recorded with it, and it must also include the Suffolk County tax map legend. If you have any further questions, please contact me. RWT/jr Yours very truly, ERT W. TASKER ~' DIF~ECT DIAL NUMBER MILBANK, TWEED, HADLEY & Mc_CLOY March 10, 1987 Re: Minor Subdivision For Briscoe Smith Ms. Diane M. Schultze Southold Town Planning Board Town Hall Southold, New York 11971 Desr Diane: As we discussed today, enclosed are two copies of the Declaration of Covenants and Restrictions required by your office to be reviewed by the Town Attorney. Please feel free to call me if there are any questions or comments. cc: Briscoe R. Smith, Esq. Southold, N.Y. 11971 (516) 765-1938 April 8, 1987 Mr. Daniel C. Ross Attorney at Law Wickham, Wickham, and Bressler P.O. Box 1424 Mattituck, NY 11952 RE: John Sepenoski Dear Mr. Ross: Enclosed is a copy of the decision from the Suffolk County Planning Commission with regard to the above mentioned proposal. As you know, the Planning Board may override this if supporting reasons are submitted. Also, enclosed for your review, is a copy of correspondence received from the Suffolk County Department of Public Works with regard to the curb cut for the access road. Our Inspector, however, has noted that this property does not have access on County Route 48 but rather the Old North Road. It is suggested that you contact the County with regard to this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, OWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Dia'ne M. Schultze, Secretary enc. PUBLISHER'S CERTIFICATE LEGAL No. 517 Town of Southold Notice of Publt¢ Hearing 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 Road, Southold, New York in said Town on the 9th day of February 1987, on the gue$- tion of the foJlowlng: 8:00 p.m. Public hearing on the queetJon of ai~proval of the minor subdlvisk)n for Brlscoe Smith located at Fishers Is- land, in the Town of Southeld, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monu- ment on the NorthWesterJy line of Ocean View Avenue, said monument being located ~63~2L fe~t North of a point which is 2876.42 feet West of a mOnument marking the Unit- ed States Coast and Geodetic Survey Tlrangulatlon Stations "PROS" and running thence North 62016'40'' West 210.40 feet to a mOnument; thence North B2o47'10'' We~t 246.21 feet to a monument; thence line to a monument; thence South $1o33'20'' East 105.00 South ~06'~" East 107.50 State of Connecticut County of New London, ) ) ss. New London On this 10th day of February A.D. 1987, 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 newspaper published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the case of Legal advertisement ~ 517 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 29th days of January A.D. 19 87. Subscribed and sworn'to befi~re me this ]01-h day of February A.D. 19 8Z Notary t~zb lic. Southold, N.Y. 11971 (516) 765-1938 March 18,1987 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Briscoe Smith minor subdiviSion Dear Mr. Tasker: Enclosed is a copy of the proposed covenants and restrictions for the above mentioned proposal. Also, enclosed is a copy of the Planning Board resolution requesting such covenants. Would you please review this and advise our Board if they are acceptable for filing with the Office of the County Clerk. Thank you for/your assistance in this matter. 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 enc. DIRECT DIAl NUMBER MILBANK, TWEED, HADLEY & H-cCLOY (212) CABLE: M~LTWEED NEW YORK March 31, 1987 Re: Minor Subdivision Plan made for Briscoe Smith Ms. Diane Schultze Secretary Southhold Town Planning Board Town Hall Southhold, New York 11971 Dear Diane: As we discussed, enclosed are three copies of the Subdivision Plan which has been revised to reflect the Planning Board requests. Also enclosed is a copy of the cover letter from Chandler, Palmer & King explaining the changes made and one change not made. I look forward to hearing from you so that we can wrap this matter up. Si~rely,~ By Federal Express Ja~Finne~ cc: Briscoe R. Smith, Esq. CHANDLER, PALMER I KING ARCHITECTS, ENGINEERS & SURVEYORS 110 BROADWAY NORWICH, CT. 06360 AREA CODE 203-889-3397 PERCY JOE KING, R.A., A.I.A. RICHARD H. STROUSE, P.E., L.S. GORDON C. HYDE, R.A., A.I.A. March 25, 1987 Mr. Briscoe R. Smith MILBANK, TWEED, HADLEY & MCCLOY 1 Chase Manhattan Plaza New York, N. Y. 10005 Re: Subdivision - Equestrian Ave. & Heathulie Ave. & Ocean View Ave. Dear Mr. Smith: We have revised our plan to show 2 areas to be deeded to the Town for road purposes. Enclosed are six (6) copies for your use. The third area they requested (the angle is the middle of Lot 4) would require a conveyance from the Town to Lot 4 in order to create a curve at this point. I doubt if the Planning Board or Town would want to convey land they already have. I would also point out the paved road is already curved and does not follow the angles of the Right of Way. Please contact me if you have any further questions. Richard H. Strouse RHS:mma Enc. 0M260821 49414:103 03/10/87 DECLARATION OF COVENANTS AND RESTRICTIONS WHEREAS, Briscoe R. Smith, having an address at One Chase Manhattan Plaza, New York, New York, Nancy W. Smith, Executrix of the Estate of Theodore H. Smith, III, deceased, having an address at 50 Greenleaf Road, Darien, Connecticut, Norman D. Carter, having an address at Kingwood Road, Poughkeepsie, New York, and Mary Blanchard, having an address at 35481 Beach Road, Capistrano Beach, California (the "f~"), jointly own certain real property located between Equestrian Avenue, Heathulie Avenue and Ocean View Avenue, in Fishers Island, New York, more particularly described in Exhibit A hereto (the "~eal P o_~LQ~]~~ ); WHEREAS, the fee owners plan to subdivide the Real Property into four lots (Lot 1, Lot 2, Lot 3 and Lot 4) as shown on a certain Minor Subdivision Plan Made For Briscoe Smith by Chandler Palmer & King, Norwich, Connecticut, dated 1986, as revised through the date hereof (the March 4, "~" ) ~ and WHEREAS, the fee owners desire to establish certain covenants, restrictions and conditions applicable to each of the lots. NOW THEREFORE, the fee owners hereby make the following declarations as to covenants, restrictions and 2 conditions with respect to the Real Property and each of the lots: (i) (ii) (iii) (iv) (v) (vi) The lot lines shall not be changed from that shown on the Plan unless authorized by the Town of Southold Planning Board. Should the parcel consisting of approximately 7,981 square feet, located in the northwest portion of Lot 2, be sold to the owner of the adjacent parcel (now or formerly owned by Susan K. Stickney), such parcel shall then be incorporated by the owner of the adjacent parcel into the adjacent parcel so that such parcel shall not exist as a single substandard parcel. Clearing and grading within each of the lots shall be limited to that necessary for the siting and construction of a house and the owner of each lot shall use reasonable efforts to preserve natural vegetation. No lot shall be further subdivided. Erosion and sediment control measures shall be used during and immediately after construction on Lot 2 and Lot 3 to minimize stormwater runoff and erosion into the adjoining road. Prospective owners of the lots are hereby notified that the lots are located within one mile of Elizabeth Field Airport and may be subjected to noise emanating from such facility and from aircraft flying overhead or nearby. IN WITNESS WHEREOF, the undersigned have executed this declaration as of March__, 1987. Briscoe R. Smith Nancy W. Smith, Executrix of the Estate of Theodore H. Smith, III Norman D. Carter Mary Blanchard, by Norman D. Carter, attorney in fact STATE OF NEW YORK ) : ss: COUNTY OF ) On the __ day of March, 1987, before me personally came Briscoe R. Smith, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF ) COUNTY OF ) On the __ day of March, 1987, before me personally came Nancy W. Smith, Executrix of the Estate of Theodore H. Smith, III, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public STATE OF NEW YORK ) : SS: COUNTY OF ) On the __ day of March, 1987, before me personally came Norman D. Carter, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF ) On the __ day of March, 1987, before me personally came Norman D. Carter, to me known to be the attorney in fact of Mary Blanchard, the individual described in and who by her said attorney in fact executed the foregoing instrument, and duly acknowledged before me that he executed the same as the act and deed of Mary Blanchard therein described, and for the purpose therein mentioned, by virtue of a power of attorney duly executed by said Mary Blanchard dated March__, 1987, and intended to be recorded in the office of the Clerk of the County of Suffolk simultaneously herewith. Notary Public ].0312 ?~ 72 DfI3LARATION OF COVflk!ANTS AND RESTRICTI~S Record and return to: James J. Finnegan, Esq. Milbank, Tweed, Hadley & PL-Cloy One Chase Manhattan Plaza New York, New York 10005 10312 74 conditions with respect to the Real Property and each of the lots: ? / (i) (ii) (iii) (iv) (v) (vi) The lot lines shall not be changed from that shown on the Plan unless authorized by the Town of $outhold Planning Board. Should the parcel consisting of approximately 7,981 square feet, located in the northwest portion of Lot 2, be sold to the owner of the adjacent parcel (now or formerly owned by Susan K. Stickney), such parcel shall then be incorporated by the owner of the adjacent parcel into the adjacent parcel so that such parcel shall not exist as a single substandard parcel. Clearing and grading within each of the lots shall be limited to that necessary for the siting and construction of a house and the owner of each lot shall use reasonable efforts to preserve natural vegetation. No lot shall be further subdivided. Erosion and sediment control measures shall be used during and immediately after construction on Lot 2 and Lot 3 to minimize stormwater runoff and erosion into the adjoining road. Prospective owners of the lots are hereby notified that the lots are located within one mile of Elizabeth Field Airport and may be subjected to noise emanating from such facility and from aircraft flying overhead or nearby. 10312 75 3 IN WITNESS WI~EREOF, the undersigned have executed this declaration as of ~^~ %% , 1987. Briscoe R. Smith Nancy W. S~ith, Executrix of the Estate of Theodore H. Smith, III Norman D. Carter Mar~ ~la~chard, by Norman D. Carter, ~attorney in fact STATE OF NEW YORK County of Suffolk T'rE A K NSELLA Clerk of the County of Suffo k and Clerk of the Supreme Court I, JUME . · J - '-, "~--*,, ~oid Court be ng a Court of Record) DO the State of New York m an(] Tor salu ,-,u~-,~n;1-e~ed co of ~ HEREBY CERTIFY that I have compared t e a PY and that it is a just and true copy of such originm of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seat of said County and Court this /o~_ dayof ~ 1~1'~ .................................... Clerk. Form No. 104 '1031 76 STATE OF NEW YORK ) COUNTY OF ~ ~o~) On the Z~ day of ~, 1987, before me personally came Briscoe R. Smith, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. CLAIRE LOGU£ TOGH~:P- NOTARY I~,,J~J,~C, ~mle of New York ~. 31-4676503 (~tmlFeed i~ New Yoek Count~ C~ I:x~res N~y 3% 19~ STATE OF NEW YORK~ ) cOUNTY O F~~ ss: On the~ day o~ 1987, before me personally came Norman D. Carter, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ry'P~bli6/ CLGA M. CA~M£L Notary Pub;ic, Sta~.e of New York Qualified in Dutchess County /'~/ Comrniss;on Expires June 30, 19.~ STATE OF ~;.~_ ) COUNTY OF ~,~.~_ ) On the ~__% day of ~, 1987, before me personally came Nancy W. Smith, Executrix of the Estate of Theodore Smith, III, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. N~ry Public £LLYN R. ~',ORTON Notary Public, St:to- of New York ;ommissmon Expires / / STATE OF NEW YORK ) On the__ o 1987, before me personally came Norman D. Carter, to ~ne known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. y'Publi6/ C, LGA rvt CARMEL Notary Public, Sta~.e of New York Quafif!e~ in Dut~hess County Commission Expires June 30, 10312 (Lot 2) ~T.T. ~hat cmrta/~ plot, pi~s, or parcel of ~and, situate, lying an~ being at Fishers Island, in the Town of $0u%h010% - ~- County of Suffolk, State of New York, bounde~ and desoribe~ as follows! BEGINNING at a point on the northerly side of Ocean View Avenue, distant North 863.36 feet and West 3492.58 feet from U.S. Coast and Geodetic Survey Triangulation Station "Pros" and being where the westerly side of lands now or formerly of Helen P. McKown, intersects northerly side of Ocean View Ave. and from said point of beginning; RUNNING THENCE Westerly along the northerly side of Ocean View Avenue North 58 degrees 56 minutes 00 seconds West, 97.84 feet to land now or formerly of Joan W. McCall; THENCE along last mentioned land th· following two courses and distances: 1. North 34 degrees 00 minutes 00 seconds East, 142.00 feet~ 2. North 45.degrees 44 minutes 00 seconds West, 140.48 feet to the easterly side of Equestrian Avenue;'~ THENCE Northerly along the easterly side of Equestrian Avenue, two courses and distancqs:- 1. North 40 degrees 36 minutes 50 seconds East, 73.60 feet; 2. North 22 degrees 09 minutes 55 seconds East, 112.70 feet; the following THENCE South 79 degrees 28 minutes 04 seconds East, 215.44 feet to a point; THENCE North 33 THENCE South 68 degrees aegrees 53 minutes 45 seconds East, 108.15 feet to a point 18 minutes 27 seconds East 225.34 feet to a point; 1egrees 45 minutes. 19 seconds West, 386.32 feet to land now ~len P. McKown aforesaid; iegrees 24 minutes AO seconds Wes~ ~leng last menticna~ ~, ~_~norther!y side cf O~ean View Ay=hue; !egrees 56 minutes ~ seconds West aieng the northerly ~d= ~nue 119.05 feet to %4/~?oin~ or place of BEGINNING. ALL that certa~ plot, Pie~m, or l~mxcel of land, situate, Fishers ISlan4, in the Town of Sou~ho]d,_ lying an~ being at New York, boun~e~ and dssori~ as foliowe; County of Suffolk, State of BEGZNNING at a ~Oint on the norths NOrth 863.36 Triangulationfeet and ~est 3492. fly Side of Ocean Vi _ Station "Pros' ~,~5~_~set from U.S m.._~w Avenue, dista,. or formerly of Helen ~ ~ _ -"-- wang wh- .... ' ~= and Ge~A--~. and from said ~Oint O~'b~L~, ~ntersect;'' one west,r~..-,. ~=~c Survey - *~ ~xue of lands no~ ~ ~ulng, northerly Side of Ocean View Ave. RUNNING THENCE Westerly along the northerly side of Ocean View Avenue North 58 degrees 56 minutes 00 formerly of Joan W. McCall; THENCE alo ......- Seconds West, 97.84 feet to land now or ~asterlv s~A~ i~~s 44 m/nurse -~u_a~s East, 142.0 --- -~u ulstancss: .... u~ =ques -~-- - 00 seconds e=~ --- 0 feet; 'HENCE Nort~.~. _. t-~ &venue; ~ . W _~,. ~40.48 feet to the courses and ~=-- g the easterlv .~_ _ North 40 ~-~t~=a~nc~e~' ~ -~u~ or EqUestrian No ..... -~=ees 36 mi--~u '- ~v~nue, the fOllowing -''" :~ seconds Ea * .~16~ feet, · s., ~&.70 feet; :ENCE South 79 degrees 28 minutes 04 seconds East, 215.44 feet to a point; ~NCE North 33 degrees 53 minutes 45 seconds East, 108.15 feet to a point ENCE SOuth 68 degrees 18 minutes-27 ~econds East 225.34 feet to a POint; ~NC~ SOuth 46 degrees 45 minutes.!9 seconds West, 386.32 feet to land now formerly, of Helen p. }IcKown aforesaid; 3NC~ ~ou~h 25 degrees 24 minutes AO SecOnds Wes~ ~leng last mentiena5 ~.79 ~ to th~/norther!y Side cf O~ean View Avenue; 83 =i utes e=onds Yi~AVenue !19.05 f~et to ~c~point or -.~'. ''g ne norther-., West aic~ F-a~e of BEGINN!NG.=~ ~EXHIBIT A 10312 $0 (Lot 1) ALL that certain plot, p~ece or parcel of land, situate, lying and being at Fishers Island, in the Town of Southold, County of Suffolk and State of New York, bounded an~ described as follows: BEGINNING at a point on the westerly side of Ocea~ View Avenue, distant North 863.62 feet and West 2,876.42 feet from U.S. coast and geodetic survey triangulation station "Pros" and being where the northerly side of lands now or formaly of Helen P. McKown and from said point of beginning; RUNNING THENCE along last mentioned land the following two courses and distances: 1. North 62 degrees 16 minutes 40 seconds West, 210.40 feet; ~ 2. North 82 degrees 47 minutes 10 seconds West, 246.21 feet to a J point: THENCE North 46 degrees 45 minutes 19 seconds East, 386.32 feet to a point: THENCE South 71 degrees 38 minutes 43 se~0nds East, the westerly side of Ocean View Avenue; THENCE South 45 degrees 07 minutes 20 seconds West, side of Ocean View Avenue, 365.66 feet to the point or pla( 4 ~ BEGINNING. 430.09 feet to along t~ ~/~ 2 cont.) TOGETHER WITH that certain parcel consisting of approximately 7,981 square feet more particularly described as follows: BEGINNING at a~ iron pipe on the easterly side of E~uestrian Avenue saz= eascerAy sxGe OK E~oS~xan Ave~uer . RUNNING THENCE South 79 degrees 28 minutes 04 seconds East along last mention~ lan~ 176.39 feet to an iron piper THENCE North ~3 d~llll 53 minutes 45 seconds East still along last mention lan~ 95.00 feet to an iron pipe; THENCE Sou~h 68 degrees 18 minutes 27 s~o~l~lt 40.93 feet; THENCE South 33 degrees 53 minutes 45 secede Wist 108.15 feet; ~t~ 79 degrees 28 minu~el 04 s~o,~-llWiat 215.44 feet to the of E~uss~rianAvenue; 22 dwreel 09 minutel 55 se=o~lEast along the easterly side mnue 20.42 feet ~o the iro~ pipe at the point or place of (L_ot 3) ALL that certain plot, piece or paroel of land, situate, lying and being at Fishers Island, Town of Soutb~ld, County of Suffolk, S~ate of New York, boun~e~ and described as follows= BEGINNING at a point on the easterly side of Equestrian Avenue, distant North 1,653.25 feet and West 3236.20 feet from U.S. Coast and geodetic survey triangulation station "Pros= and being where the Southwesterly of lands now or formely of John F. Kramer and Hilary' Jenner, said easterly of Equestrian Avenue and from said point of beginning; RUNNING THENCE easterly and northerly along last mentioned land the following two courses and distances: 1. South 51 degrees 33 mind%~[~.'s~onds East, 105.00 feet and 2. North 43 degrees 42 minu~l 40 el~onda East an~ lan~ now or forme£1y of Rowland Aswald~and his wife, 122.31 feet to lan4 now or formerly of William J. THENCE along last mentionm4_ian~he.f~ distances= .~. :c~. 1. South 46 de~rees 26 degrees.2~ ~u~s-18-.secon, 2. North 89 a point: 4 THENCE South 26 degrees 07 minutes 55 sec · to a point: . THENCE Nortk-~$-degrees 18 minutes 2~ ~ec~ -- %o a ~oint. ~[.' ")3 - : ~ Nor~3 degrmaa 53 minut~ 45 saconas place of~:i~--~"'V~'G.'-.~,.~_,, . ' ' orses and O0 feet and .49 feet to ~11.85 feet %66.27 fee~ 0.00 feet East, along the 2~.~ feet to the point or '10312 $4 ~ . ..,,.o~: ,. .FiqOR TITLE GUARANTEE CO~J[e*ANY and TICOR TITLE INSU E COMPANY, , ~L ~ el of land situate, lying ~ z' ~/~ ALL ~hat certain plot, piece or parc , . .w~ ,~ ~.si~::. ~sian~, To~ of Southoia, bounded and described as fol~ ~' ~ inLe~s,:cted by Ehe dlvision ilne between premises about to be ~ }and now or fo~erly of Sandra C. Gamber and from said point be ~'1 ~' ttO~L<iNG %HENCE South 26 degrees 06 minutes 20 seconds East along the westerly sic~ cJ haagnuiie Avenue, 107.50 feet to the northerly side of Ocean View Avenue; THL,<Ct, azong nn~ norther £olxowing LWO courses an 1. South 58 aegrees 04 2. South 06 degrees 06 THENCE North 71 degrees TriE:~CE North 26 degrees land ~ ~ ~rly of THENCI ~ : mentio 1. S ~.~ Z;ides conds East, 411.85 fe~,~/ ~ aforesaid; of Ocean View Avenue the )llowing 3-'courses and side feet; feet; feet [NING. Legal Notices LEGAL NOTICE NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBy GIVEN that pursuant to Section 276 of the Town Law, public hearings ;viii be held by the Southold Town Planning Board at the Town Hall, Main Road, South- old, New York. in said Town on the 9th day of February 1987, on the question of the following: 7:30 p.m. Approval of the pre- liminary maps for the major sub- division of Henry Appel located at Mattituck, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of New Suffolk Avenue and the westerly side of (amp Mineola Road Iprivate roadb running thence along the westerly side of said Camp Mineola Road the following courses and distances: (Il South 1T'41'20' West 22l feet; thence (2) South 16007'00'' West 552.48 feet; thence 13) South 7"32'00" West 52193 feet to a concrete monument marking the north- erly line of land of Schiller; thence along said northerly line of land of Schiller and land now or formerly of Janeczko; North 81°07'40'' West 509.99 feet to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule l~ne, North 7"32'40" East 1179.16 feet to the southerly side of New Suitbik Avenue; thence along the south- erly side of New Suffolk Avenue, North 88"29'00" East 621.95 feet to a concrete monument; thence still along the southerly side of New Suffolk Avenue, South 71 59'20' East 17.02 feet to the point or place of BEGINNING. Containing 15.3 acres + 7:45 p.m. Approval ol' the minor subdivision of Elizabeth County of Suffolk. and State of ~'abor and Rackett, two courses q0rth 65'43'00" East 856.96 foet to land now br formerly of Rohloff thence along said land of Rohloff and land now or for- merly of John Jagger; two courses as follows: (1) South 64°09'10" East 473.63 feet; thence (2t South 29°55'10" East 546.97 feet to land now or for- merly of Witzenburg; thence along said land of Wite~nburg, South 70°13'50" West 31.44 feet to land now or formerly of Taberg; thence along land last mentioned five courses as fol- lows: (1) North 25°18'10" West 116.65 feet; thence (2) South 61°23'20" West 512.83 feet; thence (3l North 28°21'00" West 94.70 feet; thence (4) South 65°14'20" West 164.96 feet; thence (5) On a tie line course South 49°59'30" West 503.04 feet; thence along land now or formerly of Tuber and along land now or formerly of Nelson Doug- las Estate, North 32°01'50" West 345.68 feet; thence still along said land now or formerly of Nel- son Douglas Estate, three courses as follows: (1) Northerly about 110 feet to a point which is North 2°41'00'' West 106.10 feet from the last described point; thence (2) North 29°18'50" West 252.70 feet; thence (3) South 75°17'00'' West 381.48 feet to said easterly line of King Street; thence along said eas- terly line of King Street North 40~00'10" West 484.78 feet to the pmnt or place of Beginning. Con- taining 23.44 acres. 8:00 p.m. Public hearing on th? question of approval of the minor subdivision for Briscoe Smith located at Fishers Island, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the Northwesterly line of Ocean View Avenue, said monu- ment being located 863.62 feet North of a point which is 2876.42 feet West of a monu- ment marking the United States Coast and Geodetic Survey Triaffgulation Stations "PROS" and running thence North 62°16'40" West 210.40 feet to a monument; thence North 82"4TI0' West 246.21 feet to a monument; thence South 2524'40" West 156.79 feet to the Northeasterly line of Ocean View Avenue, thence along said Avenue line North 83°56'.00' West I19.05 feet to a monument; thence North 58056'00'' West 97.84 feet along said Avenue line to a monument; thence North 34°00'00" East 142.00 feet; thence North 45°44'00'' West 140.48 feet to the South- erly ]toe of Equestrian Avenue, thence North 40°36,50" East 73.60 feet along said Avenue line to a point; thence North 22°09'55" East 133.12 feet along said Avenue line to an iron pipe; thence South 79°28'04'' East 176.39 feet to an iron pipe;. thence North 33053'45'' East 95.00 feet to an iron pipe; therce North 46o06,15,, West 180 feet to an iron pipe on the Southeas. terly line of Equestrian Avenue; thence North 43°5~,45,, East 240.02 feet along said Avenue line to a monument; thence South 51°33'20" l~ast 105.00 feet; thence North 43°42'40" East 122.31 feet to a monument; thence North 43°34'00,, East 15.00 feet to a point; thence South 46°26'00' East 90.00 feet to a point; thence North 89°25'18" East 149.49 feet to a monument; thence South 28°54'00'' East 225.42 feet to an iron pipe; thence North 77°32'00'' East 187.97 feet to a monument on the Southwesterly line of Heathule Avenue; thence South 26°06'20" East 107.50 feet along said Avenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue; thence along said Avenue I ne on the following three courses: South 58°04'40" West 108.87 feet to a monument; South 6°06'30" West 195.45 feet to a monument and south 45°07'20" West 365.66 feet to the monument at the point of Beginning. Containing 12.3± Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: January 12, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN 1TJ29-5487 STATE OFNEWYORK ) ! SS: COUNTY OF SUFFOLK ) Carol Sqarlata ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regulaHy published in said Newspaper once each week for one weeks successively, commencing on the 2 9 . day of January 19~8 7__ PrincipallClerk Sworn to~bhfore me this ~2~_//.~ .. {~. ~ NOTARY PUBLIC, State LEGAL NOTICE NOTICE OF PUBLI© HEARINGS NOTICE IS HEREBY GIV- EN that pursuant to S~im~ 276 of the Town L~w, pubfic hear-,, Town Planning Board at the Tc;wn Hall, Main Road, Southold, New York, in said Town on the 9th day of February 1987, on the .question of the following: 7:30 p.m. ~pprovai of the preliminary maps for the major subdivision of Henry Appel located at Mattituck, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNIHG at the corner · form&t by the intetseetion o f the southerly side of New Suffolk Avenue and tim westerly side of Car~p Minoola goad (t~vate road); runni~ thence alo~ the westerly f~Of said~mp Mineol~ ~ 'the roll,lng courses an~Ces: (1) ~0uth /7°41'20~, 221 feet~,~thence (2) South ~ 07' O0~ West 552.48 feet; ~ce (3) South 7° 32' 00' West 521.93 feet tO a concrete mOnument marking the northerly line of land of Schiller; thence along said nor- therly line of land of Schiller and land now or formerly of 3aneczko; North 81 °07 '40~ West 509.99 feet to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule Lane, North 7° 32' 40" East 1179.16 feet to the southerly side of New Suffolk Avenue; thence along the southerly side of New Suffolk Avenue, North 88° 29' 00" East 621.95 feet to a concrete monument; thence still along the southerly side of New Suffolk Avenue, South 71° 59' 20~ East 17.02 feet to the point or place of BEGINNING. Containing 15~3 acres±. 7:45 p.m. Approval of the minor subdivision of Elizabeth Thompson to be known as "Kings Bay Estates" located Orient, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the easterly line of King Street, 13.6 feet southerly along said easterly line from the northerly, line of said King Street; from said point of beginning running along lands now or formerly of Tabor and Rackett, two courses as follows: (1) South 80 °21' 20" East, 631.22 feet; thence (2) North 65° 43' 00" East 856.96 feet to land now or formerly of Rohloff thence along said land of Rohloff and land now or formerly of"Jo~n Jagger; two CoOrSe~ as follows: (IF Sohth 64° 09' 10~ East 473.63 fi~et~ thence (2) South 29° $5'~- /0" East 546.97 feet to land now or formerly of Witzenburg; thence along said land of Witzenburg, South 70© /3' 50" West 31.44 feet to land now or formerly of Taborg; thence along land last mentioned five courses as follows: (1) North 25° 78' 10' West 116.65 feet thence (2) South 61° 23' 20" West 512.83 feet; thence (3) North 28° 2/' 00" West 94.70 feet; thence (4) South 65° 14' 20" West 164.96 feet; thence (5)On a tie line course South 49° 59' $0" West 503.04 leer; thence along land now or formerly of Tabor and along land now or formerly of Nelson Douglas Estate, North 32° 01' $0' West 345.68 fe~t; thence still along said land now or former- ly of Nelson Douglas Estate, three courses as follows: (1) Nor- therly about 110 feet to a point which is North 2°41'O0#West 106.10 feet from the last describ- ed point; thence (2) North 29° /8' 50" West 252.70 feet; thence (3) South 75° 17' 00' West 381.48 feet to said easterly line of King Street; thence along said easterly line of King Street North 40° 00' 10' West 484.78 feet to the point or place of Beginning. Containing 23.44 COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for.. // weeks successively, commencing on the ...................... Sworn to before me this ...... '~ ./. ........... day of 19 Notary Public LARgARA FORBES 8:00 p.m. Public hearing on !he question of approval of the minor subdivision for Briscoe Smith located at Fishers Island, m the Town of Southold, Coun- ty of Suffolk and State of New ~t3rk and hounded and describ- ed as follows: BEGINNING at a monument on Ihe Northwesterly line of mei3l being located 863.62 feet North of a point which is 2876.42 feel West of a monu- inclH marking the United States Coast and Geodetic Survey Tirangulation Stations "PROS" and running thence North 62° 16' 40" West 210.40 feet to a monument; thence North 82° 47' 10" West 246.21 feet to a monument; thence South 25° 24' 40" West 156.79 feet to the Northeasterly line of Ocean View Avenue, thence along said ,&venue line North 83" 56' 00" ~k'~t 119.05 feet to a monument; ~hencc North 58° 56' 00" West 9784 feet along said Avenue line m a monument; thence North 34' 00' 00" East 142.00 feet; ~hcnce North 45° 44' 00" West 140.48 feet to the Southerly line of Equestrian Avenue, thence N6rth 40© 36' 50" East 73.60 feet along said Avenue line to point; thence North 22° 09' 55" East 133.12 feet along said Avenue line to an iron pipe; thence South 79" 28' 04" East 176.39 feet to an iron pipe; thence North 33° 53' 45" East 95.00 feet to an iron pipe; thence North 46° 06' 15" West 180 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence North 43 ° 53' 45" East 240.02 feet along said Avenue line to a monument; thence South 51° 33' 20" East 105.00 feet; thence North 43° 42' 40" East 122.31 feet to a monument; thence North 43° 34' 00" East 15.00 feet to a point; thence South 46° 26' East 90.00 feet to a point; thence North 89° 25' 18° East 149.49 feet to a monument thence South 28° 54' 00" East 225.42 feet to an iron pipe; thence North 77° 32' 00" East 187.97 feet to a monument on the Southwesterly line of Heathule Avenue; thence South 26' 06' 20" East 107.50 feet along said Avenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue; thence along said Avenue line following three ~ 58° 04' 40# West 10~.$'/1 a monument; South 6° 06' West 195.45 feet to a monument and south 45° 07' 20" West 365.66 feet to the monument at the point of Beginning. Con- taining 12.3_+ acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: January 12, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. CHAIRMAN NOTICE IS the Town Law, LEGAL NOTICE NOTICE OF PUBLIC HEARING HEREBY GIVEN that pursuant to Section 276 of public hearings will be held by the Southold Town Planing Board at the Town Hall, York in said Town on the 9th day of of the following: Main Raod, Southold, New February 1987, on the question 8:00 p.m. Public hearing on the question of approval of the minor subdivision for Briscoe Smith located at Fishers Island, inthe Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the Northwesterly line of Ocean View Avenue, said monument being located 863.62 feet North of a point which is 2876.42 feet West of a monument marking the United States Coast and Geodetic Survey Tirangulation Stations"PROS and runing thence North 62016'40'' West 210.40 feet to a monument; thence North 82°47'10" West 246.21 feet to a monument; thence South 25024'40'' West 156.79 feet to the Northeasterly line of Ocean View Avenue, thence along said Avenue line North 83056'00'' West 119.05 feet to a monument; thence North 58056'00'' West 97.84 feet along said Avenue line to a monument; thene North 34000'00'' East 142.00 feet; thence North 45044'00'' West 140.48 feet to the Southerly line of Equestrian Avenue, thence North 40o36'50'' East 73.60 feet along said Avenue line to a point; thence North 22009'55'' EAst 133.12 feet along said AVenue line to a n iron pipe; thence South 79028'04'' East 176.39 feet to an iron pi~e; thence North 33~53'45" East 95.00 feet to an iron pipe; thence North 46°06'15'' West 180 feet to an iron pipe on the SoutheasterylineDf Equestrian Avenue; thence North 43053'45'' East 240.02 feet along said Avneue line to a monument; thence South 51033'20'' East 105.00 feet; thence North 43042'40'' East 122.31 feet to a monument; thence North 43034'00'' East 15.00 feet to a point; thence South 46026'00'' East 90.00 feet to apoint; thence North 89°25'18'' East 149.49 feet to a monument thence South 28054'00'' East 225.42 feet to an iron pipe; thence North 77032'00'' East 187.97 feet to a monument on the Southwesterly line of Heathule Avenue; thence South 26°06'20" East 107.50 feet along said AVenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue; thence along said Avenue line on the following three courses: South 58004'40'' West 108.87 feet to a monument; South 6°06'30" West 195.45 feet to amonument and south 45007'20'' West 365.66 feet to the monument at the point of Beginning. Containing 12.3± acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated January 12, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN PLEASE PUBLISH ONE TIME ON JANUARY 29, 1987 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NY 11971. COPY MAILED TO THE NEW LONDON DAY(EXPRESS MAIL) 1/23/87. BR(SCOE R. SMITH MILBANK, TWEED, HADLEY & M-cCLOY 121El 530 BO00 CABLE: MILTWEE(~ NEW YORK RAPIFAX lO0:530-52~9 Re: December 9, 1986 B.R. Smith - Minor Subdivision, Fishers Island, New York ALEXANDRA HOUSE 16 CHATE~ ROAD HONG KONO I COLLEGE HILL LONDON EC4R ~A, ENGLAND Ms. Diane Schultze Planning Board Town of Southold Town Hall Southold, NY 11971 Dear Ms. Schultze: Further to our telephone conversation this morning, I am enclosing three copies of our minor subdivision plan showing additions as of December 8, 1986. I hope that this application can be scheduled for a hearing as soon as the Sanitation Department has acted. Very truly yours, !t_ Briscoe R. Smith BRS:me Enclosure D ~LD Y Southold, N.Y. 11971 (516) 765-1938 November 10, 1986 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Briscoe Smith is a subdivision of 4 lots on 12.3 acres located at Fishers Island, tax map no. 1000-09-6-5 and 8. The project has been determined not to have a significant effect on the environment for the~ following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspodence from the Suffolk County Department of Health Services in the alotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received in the alotted time from the NYS Department of Environmental Conservation it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Flack, DEC Commissioner NYS DEC Supervisor Francis Murphy Mr. James Finnegan, esq. Southold, N.Y. 11971 (516) 765-1938 November 18, 1986 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold ~own Planning Board hereby refers the following proposed final plat to the suffolk County Planning Commission: (Map of) (Minor Subdivision) Briscoe Smith Hamlet Fishers Island Tax Parcel Identifier No. 1000 9 6 5 ~ 8 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) one copy of the Planning Board 's determination under SEQRA Waiver of subdivision Requirements - See attached sheet X Comments: Very truly yours, % ~ Bennett Orlowski, Jr., Chair WAIVER OF SUBDIVISION REQUIREbfENTS (Map of) (Minor Subdivision-) Brfscoe Hamlet or Village Fishers Island Smith Town Southol~ ' The following items normally required as part of the subdivision app21ca- ticn have been waived. -~, Check, as required. Preliminary Map X Street Profiles ~ X Other (describe) Topographic M~p X Drainage Plan X Grading Plan 'X Lands'cape Plan X ' Reason: 1) b~nor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed X b) No new roads and no changes in existing roads proposed c) No major site clearing and grading proposed X d) Other (describe) X T LD Southold, N.Y. 11971 (516) 765-1988 November 10, 1986 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Briscoe Smith is a subdivision of 4 lots on 12.3 acres located at Fishers Island, tax map no. 1000-09-6-5 and 8. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspodence from the Suffolk County Department of Health Services in the alotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received in the alotted time from the NYS Department of Environmental Conservation it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schultze, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Flack, DEC Commissioner NYS DEC Supervisor Francis Murphy Mr. James Finnegan, esq. LEGAL NOTICE NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, pubilc hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said Town on the 9th day of February 1987, on the question of the following: 7:30 p.m. Approval of the preliminary maps for the major subdivision of Henry Appel located at Mattituck, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of New Suffolk Avenue and the westerly side of Camp Mineola Road (private road); running thence along the westerly side of said Camp Mineola Road the following courses and distances: (1) South 17041,20'' West 221 feet; thence (2) South 16o07'00'' West 552.48 feet; thence (3) South 7032'00'' West 521.93 feet to a concrete monument marking the northerly line of land of Schiller; thence along said northerly line of land of Schiller and land now or formerly of Janeczko; North 81007'40'' West 509.99 feet to the easterly line of land of Ole Jule Lane; thence along said easterly line of Ole Jule Lane, North 7032,40'' East 1179.16 feet to the southerly side of New Suffolk Avenue; thence along the southerly side of New Suffolk Avenue, North 88029,00'' EAst 621.95 feet to a concrete monument; thence still along the southerly side of New Suffolk Avenue, South 71059,20'' East 17.02 feet to the point or place of BEGINNING. Containing 15.3 acres ±. 7:45 p.m. Approval of the minor subdivision of Elizabeth Thompson to be known as "Kings Bay Estates" located at Orient in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the easterly line of King Street, 13.6 feet southerly along said easterly ine form the northerly ine of said King Street; from said point of beginning running along lands now or formerly of Tabor and RAckett, two courses as follows: (1) South 80021'20'' East, 631.22 feet; thence (2) North 65043'00'' East 856.96 feet to land now or formerly of Rohloff thence along said land of Rohloff and land now or formerly of John Jagger; two courses as follows: (1) South 64°09'10'' East 473.63 feet; thence (2) South 29°55'10'' East 546.97 feet to land now or formerly of Witzenburg; thence laong said land of Witzenburg , South 70013'50'' West 31.44 feet to land now or formerly of Taborg; thence along land last mentioned five courses as follows: (1) North 25°18'10'' West 116.65 feet thence (2) South 61023'20'' West 512. 83 feet; thence (3) North 28021'00'' West 94.70 feet; thence (4) South 65014'20'' West 164.96 feet; thence (5) On a tie line course South 49059'30'' West 503.04 feet; thence along land now or formerly of Tabor and along land now or formerly of Nelson Douglas Estate, North 32001'50'' West 345.68 feet; thence still along said land now or formerly of Nelson Douglas Estate, threes courses as follows: (1) Northerly about 110 feet to a point which is North 2°41'00'' West 106.10 feet from the last described point; thence (2) North 29018'50'' West 252.70 feet; thence (3) South 75o17'00'' West 381.48 feet to said easterly line of King Street; thence along said easterly line of King Street North 40°00'10'' Wesr 484.78 feet to the point or place of Beginning. Containing 23.44 acres. 8:00 p.m. Public hearing on the question of approval of the minor subdivision for Briscoe Smith located at Fishers Island, inthe Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the Northwesterly line of Ocean View Avenue, said monument being located 863.62 feet North of a point which is 2876.42 feet West of a monument marking the United States Coast and Geodetic Survey Tirangulation Stations"PROS" and runing thence North 62016'40'' West 210.40 feet to a monument; thence North 82°47'10'' West 246.21 feet to a monument; thence South 25024'40'' West 156.79 feet to the Northeasterly line of Ocean View Avenue, thence along said Avenue line North 83056'00'' West 119.05 feet to a monument; thence North 58056'00'' West 97.84 feet along said Avenue line to a monument; thene North 34000'00'' East 142.00 feet; thence North 45044'00'' West 140.48 feet to the Southerly line of Equestrian Avenue, thence North 40036'50'' East 73.60 feet along said Avenue line to a point; thence North 22009'55'' EAst 133.12 feet along said AVenue line to a n iron pipe; thence South 79028'04'' East 176.39 feet to an iron pipe; thence North 33053'45'' East 95.00 feet to an iron pipe; thence North 46°06'15'' West 180 feet to an iron pipe on the Southeasterylineof Equestrian Avenue; thence North 43053'45'' East 240.02 feet along said Avneue line to a monument; thence South 51033'20'' East 105.00 feet; thence North 43042'40'' East 122.31 feet to a monument; thence North 43034'00'' East 15.00 feet to a point; thence South 46026'00'' East 90.00 feet to apoint; thence North 89°25'18'' East 149.49 feet to a monument thence South 28054'00'' East 225.42 feet to an iron pipe; thence North 77032'00'' East 187.97 feet to a monument on the Southwesterly line of Heathule Avenue; thence South 26006'20'' East 107.50 feet along said AVenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue; thence along said Avenue line on the following three courses: South 58004'40'' West 108.87 feet to a monument; South 6006'30'' West 195.45 feet to amonument and south 45007'20'' West 365.66 feet to the monument at the point of Beginning. Containing 12.3± acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated January 12, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN PLEASE PUBLISH ONE TIME ON JANUARY 29, 1987 AND FORWARD THREE(3) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NY 11971. COPIES MAILED TO THE FOLLOWING: THE SUFFOLK TIMES (HAND DELIVERED) THE LONG ISLAND TRAVELER WATCHMAN ( HAND DELIVERED) SUPERVISOR MURPHY PETER DANOWSKI, ESQ. ELIZABETH THOMPSON BRISCOE SMITH NEW LONDON DAY (FOR BRISCOE SMITH ONLY) DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEC 11 1986 December 8, 1986 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - Briscoe Smith Northwesterly corner of Heathulie Avenue and Ocean View Avenue, Fishers Island, New York Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on December 3, 1986, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Briscoe Smith" 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 eleven conditions deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Hay Harbor and to alert prospective owners of the lots within the subdivision that they are in close proximity to Elizabeth Field Airport, and that they may be subjected to noise resulting from airport activities and aircraft, and to help avoid pressures from these residents to close the airport or curtail its activities because of noise resulting from use of the facility. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Should the 7,981± s.f. parcel be sold to the owner of an adjacent parcel as proposed, the parcel shall then be incorporated into the adjacent owner's parcel so that the parcel will not exist as a single, substandard parcel. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house 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. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1-4, inclusive, each lot shall be made subject to a covenant that will prohibit future subdivision. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Ocean View Avenue and Heathulie Avenue to facilitate turns at the corner and to enhance the streetscape. The alignment of Ocean View Avenue shall be improved by the use of large radius curves in place of the two sharp angular bends at Lots 2 and 4. This improvement will bring the alignment of the road up to modern standards and will enhance the streetscape. Erosion and sediment control measures shall be required during and in~nediately after construction on Lots 2 and 3 to insure that stormwater runoff will not carry eroded and other deleterious materials into the adjoining road from where it may be carried to Hay Harbor. 8. All prospective owners of lots within this subdivision shall be advised that this subdivision is located within one mile of Elizabeth Field ort and, therefore, may be subjected to noise emanating from the lity and from aircraft flying overhead or nearby. residential structures that are erected within this subdivision shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recommendations of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of interior noise levels. 10. Conditions 1-4, inclusive, and conditions 7-9, inclusive, 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. 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 and/or Planning 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. 11. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments 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 Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. ' The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. Very truly yours, Lee E. Koppelman Director of Planning File: S-SD-86-13 CGL:mb Enc.: Map cc: R. Villa, P.E., SCDHS by Charles G. Lind, Chief Planner Subdivision Review Section T, LD Southold, N,Y. 11971 (516) 765-1938 January 14, 1987 Mr. Briscoe R. SMith Milbank, Tweed, Haldey and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re: Minor subdivison for Briscoe Smith Dear Mr. Smith: The following action was taken by the Southold Town Planning Board, Monday, January 12, 1987. RESOLVED that the Southold Town Planning Board set Monday, February 9, 1987 at 8:00 p.m. at the Southold Town Hall as the time and place for a public hearing on the question of approval of the minor subdivision for Briscoe Smith located at Fishers Island. 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 BRISCOE R. SMITH MILBANK, TWEED, HADLEY & M-cCLO¥ CHASE MANHATTAN PLAZA NZW YORK, N. Y. 10005 (2121 530 BO00 CABLE: MILTWEED NEW YORK December 15, 1986 Re: Minor Subdivision - Fishers Island ALEXANDRA HOUSE ~6 CHATER ~OAD HONG KONG I COLLEGE HILL LONDON EC4R 2RA, ENGLAND 1903/04 SHELL TOWER 50 RAFFLES PLACE SINGAPORE 0104 Ms. Diane Schultze Planning Board Town Hall Southold, NY 11971 Dear Ms. Schultze: Herewith a minor subdivision plan bearing the approval of the Director of Environmental Health/ Suffolk Department of Health Services, dated December 4, County, 1986. scheduled as BRS:me Enclosures I trust that the public hearing can now be soon as possible. Veery truly yours, Briscoe R. Smith MILBANK, TWEED, HADLEY & McCLOY (212) 530 SOOO CABLE: MILTWEED NEW YORK December 31, 1986 Re: Minor Subdivision - Fishers Island I COLLEGE HiLL LONDON EC4R 2RA, ENGLAND INTERNATIONAL SQUARE BUILDING 1825 EYE STREET, N.W. WASHINGTON, D.C.20006 ~903/D4 SHELL TOWER 50 RAFFLES PLACE SINGAPORE 0104 Ms. Diane Schultze Planning Board Town Hall Southold, NY 11971 Dear Ms. Schultze: Here is a copy of the minor subdivision plan showing the approval stamp of the Department of Health Services. Please add this to the file. I appreciate your cooperation. Very truly yours, Briscoe R. Smith BRS:me Enclosures BRISCOE R. SMITH MILBANK, TWEED, HADLEY & McCLOY I CHASE MANHATTAN PLAZA NEW YORK, N. Y. 10005 {212~ 530 5000 CABLE: MILTWEED NEW YORK RAPIFAX ~00:530-S219 November 4, 1986 Re: Minor Subdivision - Fishers Island NOV ]986 Ms. Diane Schultze Planning Board Town Hall Southold, NY 11971 Dear Ms. Schultze: I am enclosing six copies of a minor subdivision plan which already has received sketch plan approval from the Planning Board. I understand that the Planning Board will refer these maps to the Suffolk County Planning Com- mission. I am transmitting, by Federal Express, various applications for the approval of the Department of Health Services and, as I mentioned over the phone, we will be extremely grateful if the Planning Board would process this application subject to the approval of the Department of Health Services. BRS:me Very truly yours, Briscoe R. Smith Enclosures NOV 7 198 November 5, 1986 Re: Smith Minor Subdivision - Fishers Island Mr. Bennett Orlowski, Jr. Chairman Planning Board Town of Southold Town Hall Southold, NY 11971 Dear Mr. This is to follow up on my earlier request of Diane Schultze that our minor subdivision application be con- sidered by the Planning Board in advance of and subject to the approval of the Department of Health Services. I make the request for several reasons. First, we acted very promptly when sketch plan approval was obtained. However, the surveyor encountered a number of problems, all of which were beyond his or our control. Second, the property is owned, among others, by two retired persons who will be effected dramatically if the property is not trans- ferred by the end of 1986. This is, of course, due to the change in the tax laws. We already have four contracts of sale. Finally, we are advised that the Department of Health Services will require "four to six weeks" to process our application -- even though only four lots and one proposed dwelling are contemplated. I would be most grateful for every consideration you would be able to give this request so that the Planning Board can consider the application and take action on it by early December. Very truly yours, Briscoe R. Smith BRS:me cc: Mr. Edwards D Southold, N.Y. 11971 (516) 765-1938 September 17, 1986 Mr. James Finnegan Milbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re: Briscoe Smith Fishers Island Dear Mr. Finnegan: The following action was taken by the Southold Town Planning Board, Monday, September 15, 1986. RESOLVED that the Southold Town Planning Board grant sketch plan approval to the minor subdivison of Briscoe Smith located at Fishers Island for 4 lots on 12.3 acres, survey dated as amended August 27, 1986. Upon receipt of approval from the Suffolk County Department of Health Services, pursuant to Article ~ we will schedule a public hearing on this matter. Would you also forward six additional surveys in accordance with the enclosed list for our referral to the Suffolk County Planning Commission. 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 enc. CHANDLER, PALMER & KING 110 Broadway NORWICH, CONN. 06360 /~ (203) 889-3397 WE ARE SENDING YOU [] Attached [] Under separate cover via [] Shop drawings /Prints [] Plans [] Copy of letter [] Change order [] the following items: [] Samples [] Specifications COPIES DATE NO, DES IPTION THESE ARE TRANSMITTED as checked below: [] For approval [] For your use [] As requested [] For review and comment REMARKS [] Approved as submitted [] Approved as noted [] Returned for corrections [] []~,,.~R~._~ \~'BIDS DUE~ ~,~.~19 [] Resubmit [] Submit__ [] Return copies for approval .copies for distribution corrected prints [] PRINTS RETURNED AFTER LOAN TO US SIGNED: COPY TO  D T' ,LD Y 8outhold, N.Y. 11971 (516) 765-1938 June 24, 1986 Mr. James Finnegan MIlbank, Tweed, Hadley and McCloy 1 Chase Manhattan Plaza New York, NY 10005 Re: Briscoe Smith Dear Mr. Finnegan: The following action was taken by the Southold Town Planning Board, Monday, June 23, 1986. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the minor subdivision of Briscoe Smith located at Fishers Island. An initial determination of non-significance has been made. It was the consensus of the Board to conduct a field inspection of the premises prior to any further action or review. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR., ~HAIPJ~AN~ SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 June 19, 1986 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Briscoe Smith, located at Fishers Island, tax map no. 1000-9-6-5.3. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until July 3, 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. enc. cc: Department of Health Services Schultze, Secretary June 12, 1986 Briscoe Smith Description of 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 monument on the Northwesterly line of Ocean View Avenue, said monument being located 863.62 feet North of a point which is 2876.42 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 62° 16' 40" West 210.40 feet to a monument; thence North 82° 47' 10" West 246.21 feet to a monument; thence South 25° 24' 40" West 156.79 feet to the Northeasterly line of Ocean View Avenue; thence along said Avenue line North 83° 56' 00" West 119.05 feet to a monument; thence North 58° 56' 00" West 97.84 feet along said Avenue line to a monument; thence North 34° 00' 00" East 142.00 feet; thence North 45° 44' 00" West 140.48 feet to the Southeast- erly line of Equestrian Avenue; thence North 40° 36' 50" East 73.60 feet along said Avenue line to a point; thence North 22° 09' 55" East 133.12 feet along said Avenue line to an iron pipe; thence South 79° 28' 04" East 176.39 feet to an iron pipe; thence North 33° 53' 45" East 95.00 feet to an iron pipe; thence North 46° 06' 15" West 180.00 feet to an iron pipe on the Southeasterly line of Equestrian Avenue; thence North 43° 53' 45" East 240.02 feet along said Avenue line to a monument; thence south 51° 33' 20" East 105.00 feet; thence North 43° 42' 40" East 122.31 feet to a monument; thence North 43° 34' 00" East 15.00 feet to a point; thence South 46° 26' 00" East 90.00 feet to a point; thence North 89° 25' 18" East 149.49 feet to a monument; thence South 28° 54' 00" East 225.42 feet to an iron pipe; thence North 77° 32' 00" East 187.97 feet to a monument on the Southwesterly line of Heathulie Avenue; thence South 26° 06' 20" East 107.50 feet along said Avenue line to a monument at its intersection with the said Northwesterly line of Ocean View Avenue; thence along said Avenue line on the following three courses: South 58° 04' 40" West 108.87 feet to a monument;~ South 6° 06' 30" West 195.45 feet to a monument and South 45" 07' 20" West 365.66 feet to the monument at the point of beginning. Containing 12.5 acre~ more or less. APPLICATION FOR APPROVAL OF PLAT To the P arming Board of the To~vn of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance xvith Article 16 of the Town Laxv and the Rules and Regulations of the Southold Town Planning Board, and represents and states as folloxvs: 1. The applicant is the oxvner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state bis interest in said land under application.) Applicant is part-owner and attorney acting for other part-owners. 2. The name of the subdivision is to be ....Np. qe. ........................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... Off ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ~$.n~./[r..esl..B.: ..C.l.a.r..k..(.qqpy..a.~.t.a.c.h.e..d) or as distributee ........................................................................ 12.37~ 5. The area of the land ls .................. acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ 7.The land is encumbered by . .N.o.n.e. ....................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. address ................................................................ (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except . .Ng.n.e. .................. 9. The land lies in the folloxving zoning nse districts .l~.e..s.l~.Rn.t..~.a.]: ......................... i0. No part of the land lies under water xvhether title water, stream, pond water or otherxvise, ex- None cept .................................................................................. 11. The applicant shall at his expense install all required public improvements. 12. The land (d.c.c:,) (does not) lie in a VvTater District or Water Supply District. Name o£ Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by . .N./~ ...................................................... and (a) (no) charge xvill be made for installing said mains. 14. Electric lines and standards will be installed by . .N../..A .................................... ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will he installed by . . .N.~/~ .............................................. and I,a) (no) charge will be made for installing said mains. 16. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Suffolk County Ilighway system, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the applicant to be existing poblic streets in the Town of Southold Highxvay system, annex Schednle "C" bereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. x. Vhere the plat shoxvs proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20, In the course of these proceedings, the apI)licant will .ffer pro.f of title as required by Sec. 335 of the Real Property Law. 21. Submit a cop3' of proposed deed for lots shnwing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will he $...N./..A .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ...N../.A. ....... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ............................... 19 .................................................... (Name f Applicant) By ............................................ (Signature and Title) ....... .... (Address) STATE OF NEW YORK, COUNTY OF ~ ~ ss: eSCribedmand whO executed the foregoing instrument, and acknowledged that . tt~. ...... executed the same. Notary Public '~.~lq~ ~ ~ in IGn~s ~ ~e filed ;n New York Courtly Commission Expires June 30, 1988 STATE 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 sa3- that ............ resides at No .................................................... ........................... that .......................... is the .......... the corporation described in and which executed the foregoing' instrument; that ............ knows the seal of said corporation; that the seal affixed by' order of the board of directors of said corporation, and that ............ signed .............. name thereto by like order. Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Minor Subdivision Plan made for Briscoe Smith (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Briscoe R. Smith The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: PART I )N~ROIECT NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Prolect Information (To be completed by Applicant or Project sponsor) I.D. NUMBER 1. Applica nt,/sponsor 2. Project Name NONE BRISCOE R. SMITH Mu.icip~n. SOUTHOLD Cou.~ SUFFOLK 0 New [] E,p~nsion [] Modification/alte,ation Subdivision of vacant and unimproved residential land Parcel of land situated between the southwesterly side of Equestrian Avenue and the northeasterly side of Ocean View Avenue, on ?isher's Island, New York Initially 12.37 acres Ultimately 12.37-~ acres [] Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS ERUE TO THE BEST OF MY KNOWLEDGE ^pplicanUsponso ...... ~ ~- Date: 66 ' 0~' ~ Il the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type [ threshold in 6 NYCRR, Part 617.12~ If yes. coordinate the review process and use the FULL/LONG FORM EAF. OYe, O.o C. Could action result in ANY adverse effects on, to, or arising from the folIowing: [Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise (evels. existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Historic. archeological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood cberactert Explain briefl~ Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species~ Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources~ Explain briefly. C$. Growth. subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary. cumulative, or other effects not identified in C1-C67 Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly. PART Ill Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its la) setting (i.e. urban or rural); lb} probability of occurring; lc) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: I', WT~IFRED BARTLETT CLARK, Fairfield, State of Connecticut, all wills heretofore by me made: of Greenwich in the Cou~$y of make this will, hereby revoking FOURTH: I give and bequeath all my furniture, furnishings, household and personal effects of all kinds, including wearing apparel, wheresoever the same may be situated to said Ma~y Ranson Smith. ,FIFTH: I direct that any succession, inheritance, or estate .~ or :ransfer tax on any legacy or devise hereinbefore given shall be paid out of my estate so that no such legacy or devise shall FIRST: I direct that my funeral expenses and all my debts be paid by my Executors hereinafter named as soon after my death as shall be practicable. I also direct that the place of my burial shall be at Fishers Island, New York, that a suitable headstone be erected at my grave by my Executors and that the sum of Twenty-five Dollars ($25.00) yearly be used for the care of the planting on the lot for which last named purpose the Executors' are directed to set aside the sum of Five Hundred Dollars ($500.00! so as to p~ovide the necessary income. SECOND: I give and bequeath all the writings ,and paintings done and created by me and published before my death and all the royalties to be p~oduced by any such writings to be divided' equally between the Mount Angel Abbey (Monastery and Seminary of the Benedictine Monks, St. Benedict, Oregon 97373) and St. Jude's Shrine, 512 W. Samatoga Street, Baltimore, Maryland. Ail manu- scripts and writings unpublished at the time of my death I give , and bequeath to Mary Ranson Smith of East Hunting Ridge Road, Stamford, Qonnecticut, to do with as she sees fit. THIRD: I give, devise and bequeath to said }~ry Ranson Smith the use for her life of all the real estate of which I may die possessed and on her death I give, devise and bequeath the same tb Brisco Ranson Smith and Theodore Hubbell Smith 3rd to be theirs absolutely. - 2 be chargeable with any pamt of such taxes, whe~ r state or federal. SIXTH: All the rest, residue and remainder of my estate, wheresoever the eame may be situated, I give and bequeath to said Ma~y Hanson Smith to be hers absolutely. SEVENTH: Ih ave made no provision in the will for husband, Frank J. Clark, i~smuch as he has substantial estate of his ~w~; but if my husband should assert his statutory rights it is my wish and will that his share be computed in such a way that my real estate known as wThe Anchorage on Hay Harbor' in Fishers Island, New York, be not included therein, but shall go as above provided in this will. EIGHTH: I appoint said Brisco Ranson Smith, Theodore Hubbell Smith 3rd and said HAHTFO~DNATIONA~BANEAND TRUST CO.ANY Executors of this will. No bond shall be required of said Executors. I/~WITNESSW~EOF, I have hereunto set my hand and affixe: Connecticut, this~O day of ~. my seal at New London. 1969. Signed, sealed, published, and declared to be her last wii and testamen~ by the said WINIF~MD BARTLETT CLARK, Testatrix, in t~e presence of us, who in her presence, and at her reques~ and in the presence of each other, have hereunto names as witnesses at New London, subscribed ou Connecticut, this ~0 day MILBANK, TWEED, HADLEY & Mc-CLOY (212) 530-5380 June 9, 1986 Re: Application for Minor Subdivision Approval Ms. Diane Schultz Southhold Town Clerk's Office Southhold Town Hall Main Road Southhold, New York 11971 Dear Diane: Enclosed please find a completed application for minor subdivision approval, together with one original and eleven copies of the final subdivision plan. Also enclosed is a check in the amount of $450 ($100 per lot plus $150 inspection fee). The legal description of the property will be taken from the metes and bounds set forth on the enclosed plan. I have instructed Chandler, Palmer & King to forward the same to you upon completion thereof. If you have any questions or need any further information please feel free to call me. JJF:ags Enclosure cc: Briscoe R. Smith, Esq. EQU'~$TRIAN ~VENUE 40 IRON PIPE' 50 N/~ ,SUSAN K, STICKNEY 0 $00 JOAN W. M'c CALl. ¸60 W $$$8.4.5 _,,/ E" WA'TER MAIN~ EXACt- LOCATION IRON PIPE 3O 5O 5O 6O N/ F' SUSAN K. 2d N/F WILLIAM, J, H~'~,LIARD KEY MAP ' ' SCAthE, :,,' .I'~ LOT' I , LOT 4 8EACH JOAN W. Mc CALL 6O EQUESTRIAN AVENUE \ $5 PiPE / N/F SUSAN K. IRON PIPE DRY WELL DETAIL NOT TO SCALE NOTE~ AODITIONAL SECTION MAY BE INSTALLED IF REQUIRED N/F' HELEN P. MC KOK~/N TEST HOLE DATA 0- 8" TOPSQ/£ I, SEWAGE SYSTEMS TO BE ON SITE 2, SITE IS PROVIDED WITH MUNICIPAL WATER' OWNEP AND SUBDIVIDER' BRISCOE SMITH ESQ. MILBANK~ TWEED, HADLEY 8~ MC CLOY I CHASE MANHATTAN PLAZA NEW YORK, N, Y. 10005 3.15+- ACRES KEY MAP SCALE~ I'~ 500' ~ N/F' SANDRA C, GAMBER~ LOT 4 0 300 600 / / AVENUE TEST // BRISCOE SMITH ~.~.e~, CHANDLER PALMER ~ KING HELEN F~ McKOWN NOTE: COORDINATE D/STANCES ARE MEASURED F'ROM U,$. C04ST AND GEODETIC SURVEY TRI~NGUL/ITION · MONUMENT LOT I LOT / / OCH4 ~ VI~W X ' ~ ~ . NORWICH, CONNECTICUT ,,,',' , ,,,,,,. .,', , .,. _~_~.~,~, ,~ '. ,' ~ ',,,,' , , , , . : ,. , · I EQUESTRIAN ,'~VE'NUE ~N PIPE '~ ~""~- ~'~'~'~ 'x. /I: , __ .// : / / N/F HELEN R McKOWN ~,/~ ACRES / 2. SITE IS PROVIDEOWITN MUNICIPAL WATER .~. TOTAL AREA = 12.5~ACRES 4 SITE IS INTHE TOWN OF SOUTHOLD~TAX MAP OISTRICT lO00 KEY SCALE~ OWNER AND SUBDIVIDER~ BRISCOE SMITH ESO. MILSANK, TWEED, HADLEY S~ MC CLOY I CHASE MANHATTAN PLAZA NEW YORK, N.Y. 10005 MAP 0 $~0 600 " ,.~ '" ~ CHANDLER PALMER ,~ KING "' NORWICH, CONNECTICUT MARCH 14'~ 1986 I1! PIPE 25 35 ~ 30 ~E~CH STONE ' STONE NOT TO SCALE I.' SEWAGE SYSTEMS NOTE' AODITIONAL SECT'ON ~ KEY MAP EQUEs EQUESTRIAN AVENUE ~ ---- -~ ~ ~ -'- ~_ 6"W~TE6' MAIN, EXACT LOCATION / ~ / ~ I ~ .' . ' /x~ / / I Ol N/F JOHN ~ KR~MER I N/F ROWLAND OSWALD, ET UX ~ ~ ~ ~ ~ ~ ~ LOT 2 ~ ~ STICKNEY / IOa,15'' LOT5 //'I~ ~ ~ ~''~ ~ - / /  u WATER M~IN, EXACT LOCATION ~ ~ ~ ~ ) ~/~ ~ / LOT I LOT 4 ~ ~ /~ DRY ~EL L DETAIL ~ . - 7 / + / __ ~ BRISCOE SMITH w~ev~,4~ ~' E~U~S~IAN AVENUE ~_~ , i/ HEATHULIE~ AVENUE ~ ~ OCEAN VIEW A~NUE ~~ / 5 FISHERS ISLAND, NEW YORK I CHASE MANHATTAN PLAZA NEW YOR~, N. Y, /0005 8RISCOE SMI?~H ESQ. MILSANK, TWEEO, ~ADLEYa MC CLOY 6~0 S~.~_,~...__O 60 Ii