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HomeMy WebLinkAbout1000-10.-5-1 J3..L-:51E l=-o~ -:50<..J,...rc0lo...J""~ : /.{!E"".6..,..J Lc.u \.....L......,......~ N. I(,.o.J ?>~4d'w, 1~'l.5"" ~, :?3., 4-1: ~O- E. . 14-0.(,,1' 5,7'.'5+', zo"e, / I Ob.z.s , >-I. 7f:~37'. Soo" E. 3&.+Z.' >-I.Z72 57: OO"E, 110.44' I j I!.LOCI< ~'l LOT 14 NoTE: COOI<::D'.....A.TE. tJI5rANC::E~ AI::E MEA.SL!;::Ef/ FO::OM U,5. CO...."!,T "I--JD GEODI<.,..,c <;'UI<:VE. Y ,ICIA.>JGU- LA.TloN STATION "t-...-IlNv ~/. o 'Iv," ... I. . "', (It.. f0;:- .;- '" p ~~ I'J I I I "i. 7.'!1~. ' -, '.so' -S~.~. W. I ~ ~ Gl)A~~!TEE'\) TI;) Ol-OF 1'-..,)f::l-50l-J ....\.1t>T\;l:!"\LE GUA.;::',o..,\o.JTJiai!!' COM'l"'~"" ~~ A.CC:O~O~ce:'N\TH'T4e~l\-,.l\~, .~4.NO~s.."'Q~\\TL_e ~ s : TKtlt t.JE.W YO-C:;IC ~T""i' \..:A.. 'T\..e. A'5 SOCI ~ TI 01-..\ . S Ie:. eTc; H -'lo\Dw I "'.. '- >b~ '" aG~ ~1wC TOVVN DATE , I I . ..-:.---- <~:t 3~ "'>, /'/'... _ <."- ./.., ~. ,.,.-/,? ,,) ,~ h........:.' :.<' \. !,),/\)ll' ''/ ' ;", Ii,. ." ........" "'. J.~...\ '-', ,-<" .~I ~'". r,~! ': ~~{~~~. j "'., /, \..1 ;'_:'1, i '.i~: -.,! ~, ~ \ ki.,f'lkl' ~ . \~.\ (-~~;.~;'~ . "/.; \~. 3771..4</, ~:i'i;'J;~ I I ~~'" D 1iL.'r ~LAN OF P'IZ:OPE.~TY TO ~E COt--lYEYED TO OLOF ~EL~(")~ FI5HE~o ,eLA.ND NE.W YOIZ:;K SC A l- E I "= 100 F T gjA..NOl..~J::, PAL.MEO:I(, c;.. K I NGl \.JOIl:.W I Cf04 , CO~NeCTI C'VT ..JA.N\JA.~"( ~4, ,~ rLr:V'5. ~bbEO "-loY. Ie;. 1".1 HOUSE ...~O ~W4"'~ I)l'lOft)$lo.l.. SYsTW AJ)l)fJ) .J~"'. tc...I'lc!Jt W&~l-:'l)l)i; .......'-. .... '.... ., .,' '.... ..... >:a. _.'\1'.... , Southold, N,Y. 11971 (516) 765-1938 November 27, 1987 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Olaf Nelson SCTM# 1000-10-5-1 Fishers Island Dear Mr. Olsen: 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, , B~G~,(),OD BENNETT ORLOWSKI, JR. CHAIRMK& SOUTHOLD TOWN PLANNING BOARD . . FILE COpy Southold, N.Y. 11971 (516) 765-1938 August 3, 1987 Mr. Gary Flanner Olsen Attorney At Law Main Road Southold, NY 11971 Re: Olof Nelson SCTM # 1000-10-5-1 Fishers Island Dear Mr. Olsen: The following action was taken by the Southold Town Planning Board, Monday, July 27, 1987. RESOLVED that the Southold Town Planning Board approve the lot line change for Olof Nelson located at Fishers Island, (East End) SCTM # 1000-10-5-1 to merge .28 acres from land of Fishers Island Development Corp., (FIDCO) to land of Olaf Nelson and said .28 acres not to be considered a separate building lot; subject to: 1. Receipt of a copy of the contract from FIDCO to Nelson with regard to this land transaction. 2. Receipt of three original surveys dated january 24, 19879 titled "Plan of property to be conveyed to Olof Nelson" for the chairman's endorsement. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~YVLL-tt OtLlbvJAJcLl ~~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary . . RECEIVED BY '~OUIHOLD TOWN PlANNING fiGARO -1JCT 13 1987 . DATE GARY FLANNER OLSEN COUNSELLOR AT LAW P. Q. BOX 706. MAIN ROAD. CUTCHOGUE, LONG ISLAND. NEW YORK' 1935 . PHONE 516734-7666 October 5, 1987 Re: Olof Nelson SCTM 1000-10-5-1 Fishers Island Our File # 4545 Gentlemen: Pursuant to your letter of August 3, 1987, I am enclosing three original surveys. Please send me a signed survey approving this application. Very truly yours, . ~ /G~N~r~~- / GFO: Imm Enclosure Planning Board Town of Southold Suffolk County Southold, NY 11971 . . ((~h_~..l ;1 ffYtu' Vv</- GARY FLANNER OLSEN COUNSELLOR AT LAW ~iU- P. O. BOX 706. MAIN ROAD . CUTCHOGUE. LONG ISLAND. NEW YORK I I . / . //4/h~ !1f~ -C{/;; r"f';Jh] ~4 /O~ .1 August 4, t-J,-e.-\ - Pb'2he:d Re: FiSht'~ ~S(J'~ Fi Ie # 4545 Dear Mr. Orlowski: Enclosed herewith, please find a copy of the contract of sale between FIDCO to Nelson. I have requested the surveyor to send me three additional prints of the survey as per your request. Very truly yours, GFO: Imm Enclosure ~':{i/~-)~(,~i;~d.<(tf~ /' GARY yLANNER OLSEN~I~ Bennett Orlowski, Jr. Planning Board Town of Southold Southold, NY 119?1 cc: George Brown, Esq. 3 Landmark Square Stamford, Conn. 06901-2599 Olaf S. Nelson 44 Patterson Ave. Greenwich, Conn. 06830 RECEIVED BY SDUliiLLU JUi'lij Hl,NNING BOARD AUG 0 S 1987 DAT. " / . . SGBI09 AGREEMENT ~ade and dated , 1987 between FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, having its principal office in the City, County and State of New York (hereinafter described as the "Seller"); and OLOF S. NELSON of 44 Patterson Avenue, Greenwich, Connecticut 06830, (hereinafter described as the "Purchaser"); WIT N E SSE T H 1. The Seller agrees to sell and convey, and the Purchaser agrees to purchase all that certain piece or parcel of land described in paragraph 2 hereof, with the improvements thereon, in the ~own of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to the Seller (which portion is hereinafter called the "Park") lying on the east side of the shore of West Harbor. 2. The piece or parcel of land hereby agreed to be sold consists of the land described in the deed which will be delivered hereunder, a copy of which deed is annexed hereto as Schedule A and which land is sold subject to the covenants, restrictions and limitations set forth therein. Such land is also depicted as "Area=0.28+ Acres" on a certain map or plow entitled "Plan of Property to be Conveyed by Fishers Island Development Corp. to Olof Nelson Block 39 Scale: l' = 40 ft Fishers Island N.Y. October 27, 1986" and prepared by Chandler, Palmer & King, Norwich, Conn. 3. The purchase price is Four Thousand Two Hundred and no/100th Dollars ($4,200.00) which the Purchaser agrees to pay by cash or certified check upon the delivery of the deed hereunder. 4. The Seller, on receiving such payment, shall execute and deliver in recordable form, to the Purchaser, or his assigns, a deed in the form annexed hereto as Schedule A so as to convey to the Purchaser the fee simple of said premises, free of all encumbrances except as therein stated. 5. In the event the Seller is unable to convey insurable title in accordance with the terms of this Agreement, then the Seller shall be allowed a reasonable time thereafter not exceeding sixty (60) days within which to perfect title. If at the end of said time Seller is still unable to so convey title, then the Purchaser may elect to accept such title as Seller can convey, without modification of the purchase price, or may reject such title. Upon such rejection, this Agreement shall be considered cancelled and neither party shall have any further responsibility pursuant to this Agreement. 6. All costs and expenses related to the sale and conveyance contemplated hereunder shall be borne by the RECEIVED BY SOUTliDLD mWN FWiiiiNG BOARD AUG 0 5 1987 DATE.- . - . , . -2- Purchaser including but not limited to the cost of the Seller's counsel and the cost of Seller's surveyor for developing recordable boundaries. 7. The Purchaser represents that he has not retained or in any way consulted with, any real estate broker to act on his behalf in connection with the purchase of the premises herein described and the Purchaser agrees to indemnify and save harmless the Seller against any liability by reason of the claim of any broker or agent for a commission on account of this sale, where it is alleged that said broker or agent showed said premises or called the premises to the Purchaser's attention or interested the Purchaser therein, said indemnity to include all costs of defending any such claim, including reasonable attorney's fees. The provisions of this paragraph shall survive the closing. 8. Real property taxes and. the annual maintenance charge provided in the annexed form of deed shall be apportioned over the fiscal year for which levied and as of the date of closing hereunder. If any of the premises consists of all or a portion of one or more ponds, a surveyor appointed by the Seller shall determine the acreage situated within such ponds and such acreage shall not be subject to the annual maintenance charge. The costs of such determination shall be borne by the Purchaser. 9. The Purchaser further agrees with and represents to the Seller that he has examined the premises; that the Purchaser is fully satisfied with the physical condition thereof; that he shall accept the premises "as is" and in their existing condition; and that neither the Seller nor any representative of the Seller has made any representation or promise upon which the Purchaser has relied concerning the condition of any property covered by this Agreement, except as herein may be expressly set forth. 10. It is understood and agreed that this written Agreement (including Schedule A and any other schedules or any riders referred to in the body of this Agreement and attached hereto) constitutes the entire contract between the parties hereto, and that no oral statements or promises, and no understanding not embodied in this writing, shall be valid or binding. 11. It is specially agreed that the premises described above will merge upon the conveyance thereof with existing parcel Block 39 Lot 14 which is owned by the Purchaser and become one parcel. This contract is contingent upon the Purchaser at his expense obtaining approval from the Southold Planning Board ("Board") for this lot line change. The Purchaser agrees to pursue the same in good faith, with due diligence and to keep the Seller reasonably informed of the status thereof. In the event the Board denies such approval this Agreement shall be null and void of no further effect and both parties hereof shall be relieved of any further liability. 12. If this Agreement shall be recorded by the PurChaser, nothing herein contained shall operate to bind or cloud the title to the premises in case the Purchaser fails to fulfill the terms hereof; and the Purchaser, in such case, does hereby irrevocably appoint and constitute the Seller as his agent and/or attorney-in-fact, to execute such instrument or . . " -3- instruments as shall be necessary to remove this Agreement from record and/or to nullify any possible effect of the recording hereof. To that end, the Purchaser agrees to pay all costs and reasonable attorneys fees incurred by the Seller in removing such cloud on title. 13. The deed shall be delivered at the office of Day, Berry & Howard, 3 Landmark Square, Stamford, Connecticut at 11:00 a.m. upon a date within thirty (30) days of the approval by the Board set forth in paragraph 11 above. In the event there is no such approval by May 1, 1987 the Seller shall have the right to terminate this Agreement with each party hereto having no further liability hereunder and in which event this Agreement shall be null and void. . 14. benefit assigns This Agreement shall be binding upon and inure to the' of the heirs, executors, administrators, successors, and of the respective parties. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands, the day first above written. FISHER ISLAND DEVELOPMENT CORPORATION By ~~ Olof S. Nelson . . SCHEDULE A THIS INDENTURE, made the day of nineteen hundred and eighty between FISHER ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co., 1251 Avenue of the Americas, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and OLOF S. NELSON of 44 Patterson Avenue, Greenwich, Connecticut 06830, hereinafter called the grantee, party of the second part. , WITNESSETH, that the party of the first part, in consideration of Four Thousand Two Hundred and nO/lOOths Dollars ($4,200.00) lawful money of the United States paid by the party of the second part, does hereby grant and release unto the party of the second part and unto his heirs and assigns forever, ALL that piece or parcel of land, with th~ improvements thereon, in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (which portion is hereinafter called the "Park") lying on the east side of the shore of West Harbor, said piece or parcel of land being bounded and described as follows: Beginning at a monument located at the Northeasterly corner of the herein described tract, said monument being located 67.40 feet South of a point which is 3583.13 feet West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "NIN" and thence running South 33 degrees 11 minutes 10 seconds West 45.00 feet to a point of curve to the left having a radius of 434.57 feet and the direction of whose radius at that point is South 33 degrees 11 minutes 10 seconds West; thence running Northwesterly following the arc of said curve 127.30 feet to a monument; thence North 73 degrees 35 minutes 50 seconds West 76.84 feet to a monument at the shore of West Harbor; thence along said shore North 10 degrees 48 minutes 48 seconds East 81.78 feet to a point; thence South 73 degrees 31 minutes 50 seconds East 52.88 feet to a point; thence South 24 degrees 54 minutes 20 seconds East 48.36 feet to a point of curve to the right having a radius of 479.57 feet and the direction of whose radius at that point is South 16 degrees 24 minutes 10 seconds West; thence running Southeastwardly following the arc of said curve 140.48 feet to the monument at the point of beginning. Containing 0.28 acres, more or less. together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; . . -2- SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record or otherwise, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; RESERVING to the grantor herein from the grant of the land and premises hereby conveyed easements and rights of way within a strip of land approximately five feet wide for the erection thereon of poles to support wires for the transmission of electricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor shall have the right to release the premises above described from these particular easements and rights of way; PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the purpose of constructing repairing any such pole line, pipe line or conduit, it shall become the duty of the grantor, its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to substantially the same condition as shall have existed before the time of such disturbance. The grantor hereby grants and conveys to the party of the second part, his heirs and assigns, an easement for ingress to . . -3- and egress from. the premises above described over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part and unto his heirs and assigns forever. PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are hereby entered into by the party of the second part by the acceptance hereof, his heirs and assigns, as a part of the consideration therefore: That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made to the exterior . . -4- of any building Qr other structure erected ,. else shall be done materially aforesaid premises except color scheme, grading 1 which shall have been a1 affer~J~ . and nothing 1ce of the ng exterior 1?lan) ~, its successors or assigns. That no stable for live on the aforesaid premises by and no live stock shall be ke~ hereby conveyed. ;lined ....~igns, _de property That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after the date hereof, the grantee, his heirs, and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (a) An annual basic maintenance charge of $25.00 per acre of the premises hereby conveyed, such charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse; and (b) An annual supplemental maintenance charge in such amount (not exceeding $1,000) as may be determined from time to time by the board of directors of the grantor (or the person or persons having similar powers and duties with respect to the . . -6- unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited tc ~~2 am0unt collected pursuant to ths paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters, or to the use or control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to time be found expedient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part: and the party of the first part hereby reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee's own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer, if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property . . -7- line of said premises. The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor. The grantee hereby covenants and agrees that he will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams continguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the land and premises hereby conveyed and all subsequent owners and occupants thereof, until April 15, 2005, and thereafter from term to term of twenty years upon the consent of the owners of a majority in acreage of all land within the "Park"; provided, however, that certain covenants and agreements contained in a deed from Fishers Island Corporation to William W. Galbraith and Katherine S. Galbraith dated November 4, 1927 and recorded in Liber 1317 at page 164 and in a deed from Fishers Island Corporation to Augustus Embury Palmer and Elizabeth Hepburn Palmer dated October 11, 1927 and recorded in Liber 1542 at page 497 and any other instrument from Fishers Island Corporation, its assigns or successors which provides that unless the premises therein conveyed shall be improved by the erection of a private residence for the use of one family only thereon as aforesaid, within three (3) years from the date . . -B- of said deeds, the grantor, its successors or assigns, shall have the right and or option of repurchasing the same upon the payment of the original purchase price thereof, without interest and the grantee, his heirs or assigns, covenant and agree that he or they will execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, a reconveyance of said premises free and clear of any mortgage, taxes or other liens, charges or encumbrances against said premises upon the payment or tender of the amount of said original purchase price, without interest, are hereby released. All rights and easements of access, implied or expressed, to the property herein conveyed shall be limited by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns. The rights reserved herein to the grantor, or to the grantor's successors or assigns, and the consent or approval of the grantor, its successors or assigns herein referred to, shall enure to, mean or require only the right or act ot the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporat!on holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the time . . -9- being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park". The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grancor subject to the covenants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park". PROVIDED, HOWEVER, that nothing in this deed contained shall limit the right of the grantor, its successors or assigns, to set apart such part of its lands, situated within the aforesaid "Park", as it or they may deem suitable for golf courses, club houses, bathing beaches or other attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the "Park" other premises deemed suitable for the convenience of the residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any rights or interests in said lands. No appurtenant or other interest in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee herein, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, run with or are attached to the land conveyed. . . -10- The grantor, covenants that the conveyance made hereunder is made in the ordinary course of the grantor's business. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION By W. C. Ridgway, III President Winthrop Rutherfurd, Jr Secretary Corporate Seal . . -11- STATE OF NEW JERSEY ) ) ss: COUNTY OF MERCER ) On the day of , 1987, before me personally came W. C. Ridgway, III to me known, who, being by me duly sworn, did depose and say that he resides at 174 Ocean Avenue, #34, Sea Bright, New Jersey; that he is the President of Fishers Island Development Corporatin, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. . Notary Public My commission expires: . . GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706. MAIN ROAD. CUTCHOGUE, LONG ISLAND, NEW YORK 11935 . PHONE 516734-7666 August 4, 1987 Re: Hsflel"'S .LtlllftO,to.HelSOf' File # 4545 Dear Mr. Orlowski: Enclosed herewith, please find a ~):"ofA;he,i.COtItl"~t,of,R:tedllttilMMlll'l F":tG\".lSbII I have r~tftf!ism-v~,.. to s~'ml!'ttt~"~tttONl pf~"'8fttte SlJrYeyltsper ,YOIII" request, Very truly yours, GFO: Imm Enclosure 4C../ Bennett Orlowski, Jr. Planning Board Town of Southold Southold, NY 11971 cc: George Brown, Esq. 3 Landmark Square Stamford, Conn. 06901-2599 Olaf S. Nelson 44 Patterson Ave. Greenwich, Conn. 06830 RECEIVED BY SGUlfiLLO lullN PlANNING BOARll AUG~7 ~'_.... . . / SGBI09 AGREEMENT made and dated , 1987 between FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, having its princ~pal office in the City, County and State of New York (hereinafter described as the "Seller"); and OLOF S. NELSON of 44 Patterson Avenue, Greenwich, Connecticut 06830, (hereinafter described as the "Purchaser"); WIT N E SSE T H ---------- 1. The Seller agrees to sell and convey, and the Purchaser agrees bo purchase all that certain piece or parcel of land described in paragraph 2 hereof, with the improvements thereon, in the ~own of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to the Seller (which portion is hereinafter called the "Park") lying on the east side of the shore of West Harbor. 2. The piece or parcel of land hereby agreed to be seld consists of the land described in the deed which will be delivered hereunder, a copy of which deed is annexed hereto as Schedule A and which land is sold subject to the covenants, restrictions and limitations set forth therein. Such land is also depicted as "Area=0.28+ Acres" on a certain map or plow entitled "Plan of Property to be Conveyed by Fishers Island Development Corp. to Olof Nelson Block 39 Scale: l' = 40 ft Fishers Island N.Y. October 27, 1986" and prepared by Chandler, Palmer & King, Norwich, Conn. 3. The purchase price is Four Thousand Two Hundred and no/lOOth Dollars ($4,200.00) which the Purchaser agrees to pay by cash or certified check upon the delivery of the deed hereunder. 4. The Seller, on receiving such payment, shall execute and deliver in recordable form, to the Purchaser, or his assigns, a deed in the form annexed hereto as Schedule A so as to convey to the Purchaser the fee simple of said premises, free of all encumbrances except as therein stated. 5. In the event the Seller is unable to convey insurable title in accordance with the terms of this Agreement, then the Seller shall be allowed a reasonable time thereafter not exceeding sixty (60) days within which to perfect title. If at the end of said time Seller is still unable to so convey title, then the Purchaser may elect to accept such title as Seller can convey, without modification of the purchase price, or may reject such title. Upon such rejection, this Agreement shall be considered cancelled and neither party shall have any further responsibility pursuant to this Agreement. 6. All costs and expenses related to the sale and conveyance contemplated hereunder shall be borne by the RECEIVED BY SOUTHOLD TOWN PlANNING BOARD .... AUG051987 DATE. \ - . , . -2- Purchaser including but not limited to the cost of the Seller's counsel and the cost of Seller's surveyor for developing recordable boundaries. 7. The Purchaser represents that he has not retained or in any way consulted with, any real estate broker to act on his behalf in connection with the purchase of the premises herein described and the Purchaser agrees to indemnify and save harmless the Seller against any liability by reason of the claim of any broker or agent for a commission on account of this sale, where it is alleged that said broker or agent showed said premises or called the premises to the Purchaser's attention or interested the Purchaser therein, said indemnity to include all costs of defending any such claim, including reasonable attorney's fees. The provisions of this paragraph shall survive the closing. 8. Real property taxes and the annual maintenance charge provided in the annexed form of deed shall be apportioned over the fiscal year for which levied and as of the date of closing hereunder. If any of the premises consists of all or a portion of one or more ponds, a surveyor appointed by the Seller shall determine the acreage situated within such ponds and such acreage shall not be subject to the annual maintenance charge. The costs of such determination shall be borne by the Purchaser. 9. The Purchaser further agrees with and represents to the Seller that he has examined the premises; that the Purchaser is fully satisfied with the physical condition thereof; that he shall accept the premises "as is" and in their existing condition; and that neither the Seller nor any representative of the Seller has made any representation or promise upon which the Purchaser has relied concerning the condition of any property covered by this Agreement, except as herein may be expressly set forth. 10. It is understood and agreed that this written Agreement (including Schedule A and any other schedules or any riders referred to in the body of this Agreement and attached hereto) constitutes the entire contract between the parties hereto, and that no oral statements or promises, and no understanding not embodied in this writing, shall be valid or binding. 11. It is specially agreed that the premises described above will merge upon the conveyance thereof with existing parcel Block 39 Lot 14 which is owned by the Purchaser and become one parcel. This contract is contingent upon the Purchaser at his expense obtaining approval from the Southold Planning Board ("Board") for this lot line change. The Purchaser agrees to pursue the same in good faith, with due diligence and to keep the Seller reasonably informed of the status thereof. In the event the Board denies such approval this Agreement shall be null and void of no further effect and both parties hereof shall be relieved of any further liability. 12. If this Agreement shall be recorded by the Purchaser, nothing herein contained shall operate to bind or cloud the title to the premises in case the Purchaser fails to fulfill the terms hereof; and the Purchaser, in such case, does hereby irrevocably appoint and constitute the Seller as his agent and/or attorney-in-fact, to execute such instrument or . . , -3- instruments as shall be necessary to remove this Agreement from record and/or to nullify any possible effect of the recording hereof. To that end, the Purchaser agrees to pay all costs and reasonable attorneys fees incurred by the Seller in removing such cloud on title. 13. The deed shall be delivered at the office of Day, Berry & Howard, 3 Landmark Square, Stamford, Connecticut at 11:00 a.m. upon a date within thirty (30) days of the approval by the Board set forth in paragraph 11 above. In the event there is no such approval by May 1, 1987 the Seller shall have the right to terminate this Agreement with each party hereto having no further liability hereunder and in which event this Agreement shall be null and void. 14. This Agreement shall be binding upon and inure to the' benefit of the heirs, executors, administrators, successors, and assigns of the respective parties. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands, the day first above written. FISHER ISLAND DEVELOPMENT CORPORATION By ~N Purch ser: Olof S. Nelson . . SCHEDULE A THIS INDENTURE, made the day of , nineteen hundred and eighty between FISHER ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co., 1251 Avenue of the Americas, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and OLOF S. NELSON of 44 Patterson Avenue, Greenwich, Connecticut 06830, hereinafter called the grantee, party of the second part. WITNESSETH, that the party of the first part, in consideration of Four Thousand Two Hundred and nO/100ths Dollars ($4,200.00) lawful money of the United States paid by the party of the second part, does hereby grant and release unto the party of the second part and unto his heirs and ass~gns forever, ALL that piece or parcel of land, with th~ improvements thereon, in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (which portion is hereinafter called the "Park") lying on the east side of the shore of West Harbor, said piece or parcel of land being bounded and described as follows: Beginning at a monument located at the Northeasterly corner of the herein described tract, said monument being located 67.40 feet South of a point which is 3583.13 feet West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "NI~" and thence running South 33 degrees 11 minutes 10 seconds West 45.00 feet to a point of curve to the left having a radius of 434.57 feet and the direction of whose radius at that point is South 33 degrees 11 minutes 10 seconds West; thence running Northwesterly following the arc of said curve 127.30 feet to a monument; thence North 73 degrees 35 minutes 50 seconds West 76.84 feet to a monument at the shore of West Harbor; thence along said shore North 10 degrees 48 minutes 48 seconds East 81.78 feet to a point; thence South 73 degrees 31 minutes 50 seconds East 52.88 feet to a point; thence South 24 degrees 54 minutes 20 seconds East 48.36 feet to a point of curve to the right having a radius of 479.57 feet and the direction of whose radius at that point is South 16 degrees 24 minutes 10 seconds West; thence running Southeastwardly following the arc of said curve 140.48 feet to the monument at the point of beginning. Containing 0.28 acres, more or less. of the party of the first part in and to said premises; together with the appurtenances, and all the estate and rights . . -2- SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record or otherwise, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; RESERVING to the grantor herein from the grant of the land and premises hereby conveyed easements and rights of way within a strip of land approximately five feet wide for the erection thereon of poles to support wires for the transmission of electricity for light, heat, telephone and other purposes, and for the construction, operation and maintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor shall have the right to release the premises above described from these particular easements and rights of way; PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the purpose of constructing repairing any such pole line, pipe line or conduit, it shall become the duty of the grantor, its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to substantially the same condition as shall have existed before the time of such disturbance. The grantor hereby grants and conveys to the party of the second part, his heirs and assigns, an easement for ingress to I . " . -3- and egress from, the premises above described over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part and unto his heirs and assigns forever. PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are hereby entered into by the party of the second part by the acceptance hereof, his heirs and assigns, as a part of the consideration therefore: That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made to the exterior . . r I -4- of any building qr other structure erected .- . and nothing else shall be done materially 'ff.^~~ lce of the aforesaid premises except ng exterior color scheme, grading I 1?lan) which shall have been at ~, its successors or assigns. That no stable for live :ained on the aforesaid premises by J::ligr:s, and no live stock shall be ke~ hereby conveyed. _de property That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after the date hereof, the grantee, his heirs, and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (a) An annual basic maintenance charge of $25.00 per acre of the premises hereby conveyed, such charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse; and (b) An annual supplemental maintenance charge in such amount (not exceeding $1,000) as may be determined from time to time by the board of directors of the grantor (or the person or persons having similar powers and duties with respect to the . , . -5- successors or assigns of the grantor) said charge also to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns be obligated to pay in anyone year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns, to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable for any failure of performance hereunder . . -6- unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to ths paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters, or to the use or control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to time be found expedient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part; and the party of the first part hereby reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee's own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer, if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property . . -7- line of said premises. The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor. The grantee he~eby covenants and agrees that he will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams continguous or adjacent to said premises may be in any way polluted or rendered unfit for potable purposes. All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the land and premises hereby conveyed and all subsequent owners and occupants thereof, until April 15, 2005, and thereafter from term to term of twenty years upon the consent of the owners of a majority in acreage of all land within the "Park"; provided, however, that certain covenants and agreements contained in a deed from Fishers Island Corporation to William W. Galbraith and Katherine S. Galbraith dated November 4, 1927 and recorded in Liber 1317 at page 164 and in a deed from Fishers Island Corporation to Augustus Embury Palmer and Elizabeth Hepburn Palmer dated October 11, 1927 and recorded in Liber 1542 at page 497 and any other instrument from Fishers Island Corporation, its assigns or successors which provides that unless the premises therein conveyed shall be improved by the erection of a private residence for the use of one family only thereon as aforesaid, within three (3) years from the date . . -8- of said deeds, the grantor, its successors or assigns, shall have the right and or option of repurchasing the same upon the payment of the original purchase price thereof, without interest and the grantee, his heirs or assigns, covenant and agree that he or they will execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, a reconveyance of said premises free and clear of any mortgage, taxes or other liens, charges or encumbrances against said premises upon the payment or tender of the amount of said original purchase price, without interest, are hereby released. All rights and easements of access, implied or expressed, to the property herein conveyed shall be limited by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns. The rights reserved herein to the grantor, or to the grantor's successors or assigns, and the consent or approval of the grantor, its successors or assigns herein referred to, shall enure to, mean or require only the right or act ot the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporat~on holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the time \ . , . -9- being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park". The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grantor subject to the covenants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park". PROVIDED, HOWEVER, that nothing in this deed contained shall limit the right of the grantor, its successors or assigns, to set apart such part of its lands, situated within the aforesaid "Park", as it or they may deem suitable for golf courses, club houses, bathing beaches or other attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the "Park" other premises deemed suitable for the convenience of the residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any rights or interests in said lands. No appurtenant or other interest in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee herein, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, run with or are attached to the land conveyed. \ . . -10- The grantor,covenants that the conveyance made hereunder is made in the ordinary course of the grantor's business. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION By W. C. Ridgway, III President Winthrop Rutherfurd, Jr Secretary Corporate Seal - . - . -11- STATE OF NEW JERSEY ) ) ss: COUNTY OF MERCER ) On the day of , 1987, before me personally came W. C. Ridgway, III to me known, who, being by me duly sworn, did depose and say that he resides at 174 Ocean Avenue, #34, Sea Bright, New Jersey: that he is the President of Fishers Island Development Corporatin, the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public My commission expires: '. GARY FLANNER OLSEN COUNSELLOR AT LAW . $ RECEIVED Ill;' \nUTfIGlD IIh',N 1u\;;Ui,iG SOARe JUll ?OBi DArE P. O. BOX 706. MAIN ROAD. CUTCHOGUE, LONG ISLAND, NEW YORK r 1935 . PHONE 516734-7666 Gentlemen: June 30, 198? Re: Lot Line change for Olaf S. Nelson Our File # 4545 (Fisners Island) Please give me a status report in re the above captioned matter. GFO: Imm Southold Town Planning Town Hall Southold, NY 119?1 Very truly yours, , ~A4vf~~~~ GARY ANNER OLSEN ~~ Board '. - GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706. MAIN ROAD. CUTCHOGUE, LONG ISLAND. NEW YORK 11935 . PHONE 516734-7666 July 3, 198? Re: Fisher's Island Development Corp. to Nelson Our File II 4545 (Lot Line change for Olaf S. Nelson) Dear Mr. Nelson: Please be advised that I went up to the Southold Town Planning Board Office this afternoon and spoke with Diane Schultz, Secretary to the Planning Board, in order to inquire as to the status of this matter. She informed me that she is waiting for an inspection report from the Building Inspector on Fisher's Island and that she would contact him to determine the status of said inspection. If the inspection comes in satisfactory she expects that your matter will be on the Planning Board agenda for the third week in July. Very truly yours, GARY FLANNER OLSEN GFO: Imm Olaf S. Nelson 44 Patterson Avenue Greenwich, Conn. 06830 cc: Southold Town Planning Board Town Hall Southold, NY 119?1 George Brown, Esq. 3 Landmark Square Stamford, Conn. 06901-2599 RECEIVED BY SOU1\lOlD TOWN PlANNING1BOMUl ~UL 7 198 vAF: , .' ( , . . . May 20, 1987 RECEIVED BY SOUTHGW JU~i;1 HA~NlNG BOARD MAY 2_0 1987 Southold Town Planning Board Town Hall southold, New York 11971 I)AIf:: Re: Lot line change for Olaf s. Nelson.. File #4545 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration structures are proposed. Yours tru APPLICATION FOR APPROVAL OF PLAT . ~C!!T",~~Cl:lVfDBfI U,C(i/};(;[iJ I"'" , , " 'T """ ILhdrJiiG BIlAI/IJ i,; LJ 1987 I. .... ...{)ATE . To the Planning Board of the Town of South old : The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board. and represents and states as foll ows : 1. The applicant is the owner of record of the land under application, (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ..Lot.line..cbange.fo.cOJ.a.f..S..Nelso.rl.....,.., ................................................................................................ 3. The entire land under application is described in Schedule "AU 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: Land presently owned by Fisher's Island Development Corp. Liber ........................ Page On ......................., Liber ........................ Page On ........................ Liber ........................ Page ...................... On ......................., Liber ........................ Page On ......................., Liber ........................ Page On ......................., as devised under the Last Will and Testament of ...........................,....,....., or as distributee .................................,...................................... 5, The area of the land is .... :?~..~,....... acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ NONE .............................................................................................. 7. The land is encumbered by ,........... ~9.NE . . . . . . , . , . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . , , . . , . mortgage (s) as follows: (a) 1fortgage recorded in Liber .............. Pag-e .................. in original amount of $. . , . , . , .. . . . .. unpaid amount $ ..... . . . . . . . . . . ,. held by .,."...,......."..., . . . . . . . . . . . . .. address .,...............' .............................................. (b) Mortgage recorded in Liber ......... Pag-e ....................... 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 .. .~QN~. . . . . . . . . . . . . . . . . 9. The land lies in the following ;zoning use districts ... r.es i de.nt i al. . . . . . . . . . . . . . . . . . . . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex~ cept ...... N.Q~~'. .. .. .. .. .. . . . . .. .. . . .., . . . . .. .. . . . . .. . . . . . . . . .. . . .. .. . . . . . . . . ... . . . . . . 11. The applicant shall at his expense install all required public improvements. 12. The land QIQ)()< (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if ,vi thin a District, is .............................................................. 13. Water mains will be laid by ..... ~(A . .. .. . . .. .. . .. . .. . . . .. .. . .. . .. . . . . . . . .. .. . .. .. .. .. and (a) (no) charge will 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 be installed by . . . . . N/ A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat arc claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "n" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "e" hereto to show same. 18. There arc no existing- buildings or structures on the land \vhich are not located and shown on the plat. 19. \\There the plat shows proposed streets \\' hich 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 procee(lings, the ap!, licallt will offer proof of title as required by Sec. .135 of the H.eal Property Law. 21. Submit a copy of proposed deed for lots ~howi!1g all l'{'strictions, covenants, etc. Annex Schedule I'D". . . 22. The applicant estimates that the cost of grading and required public improvements will be $. . . ~/ A ... as itemized in Schedule "E" hereto auuexed and requests that the maturity of the Performance Bond be fixed at ....... . . . . . .. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on S May 20, 87 DATE .............................., 19.... .. Miji~. gQij.(f.. .~.9... .~Q(<. 7.Q(;.. .C.IMh.o.gl!~,. J'!Y 11935 (Address) STATE OF NEW YORK, COUNTY OF SUFFOLK . . . . . . . . . ... . .. . . . . . . . . . . . . . . . . ., 55: On the .... .2Qth. . . . . . . .. day of. .. . . ~ilY . . .. . . . . . . . . . . . . . . . " 19. . .fir, before me personally came . . G.a.r.y. F l.anoer. .0 I s.en . . . . . . . . . . . . . . . . . . .. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that. . ~.~ . . . . " . executed the same. -e~,-, N(~ytbl~?f. Y/.}~ .'~~. :Lf~~....... Qua'nied .. Suffolk CaunIv ('/"1 " Cornmisaion Expirea ApriI1S. f ll!....: STATE OF NEW YORK, COUNTY OF ............................ 55: On the. .. .. .. .. .. . .... day............ of .............., 19......, before me personally came . . . . . . . . . . . . . , . . . . . to me known, who being by me duly sworn did de4 pose and say' that ............ resides at No. .................................................... . . . . . . . . . . . . . . . . . . . . . . .. that .......................... is the .......... .................. of the corporation descrihccl in and which executed the foregoing' instrument; that....... .. ... knows the :-;eal of sai(l corporation; that the seal affixed by order of the board of rlirectors of said corporation. :lI1d that... ...... ... sig-ned .............. name thereto by like order. Notary Public I 14-16-4.{9/84j , ' . - n rrf& PROJECT 1.0. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMEN For UNLISTED ACTIONS Only t1 rrl"r ", 'C'" "V i,i.LV I, "" ill' FORM ./'11 Ii: .Ce 1 . "'''''''' iJu'\!~'1J '7 om H PART I Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor Olaf S. Nelson 2. Project Name Lot line change for Olaf S. Nelson 3. Project location: Municipality Fisher's Island County Suffolk .4. Is proposed action: [jJ New 0 Expansion S. Describe project briefly: o Modificationfalteration Lot line change 6. Precise location (road intersections, prominent landmarks, etc. or provide map) See attached map 7. Am.Qunt of [305 af~8~d: Imtlallv .- acres Ultimately acres 8 Will proposed action comply with existing zoning or other existing land use restrictionsl ~ Yes D No If No, describe briefly 9 What IS present land use in vicinity of projectr (] Residential 0 Industrial 0 Describe: Commercial D Agriculture D Parkland/open space D Other 10. Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or localH o Yes IX] No If yes, list agencY(s) and permit/approvals 11. Does any aspect of the action have a currently valid permit or approvall DYes 00 No If yes, list agency name and permit/approval type 11 ^s result of proposed action .....ill eJl;isting permit/approval require modificationl o Yes !Xl No I CERTIFY THAT THE IN N PROVIDED ^BQVE IS fRUE TO THE BEST OF MY KNOWLEDGE ^pplicant/sponsor name: Date: 5/20/87 Signature II the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ~ Southold. N. Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Plannin~ Board with your completed applications forms. If your answer to any of the following questions is ~, please indicate these on your guaranteed surveyor submit other appropriate evidence, 1. Are there any wetland grasses on this parcel? Yes (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) Yes 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes 6. Was this property the subject of any prior application to the Planning Board? Yes 7. Does this of occupancy, perty have a valid certificate es please submit.a copy of same Yes Q 8 e o ~ or authorized agent - . e Attachment to questionnaire for, the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 20th day of came Gary Flanner Olsen May , 19~, before me personally to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. /; , a~~ ~)j 0 ~-rv>~~~ Notarr ublic -.,..... CcMmnO:-.~ NOTE- Coordinate Oislr:/nC8S ore measured from. V. S Coost and 6eodeti: SurvtJy Trkngulolion Slrltion 'NIN" ~ ~ ~ t) ~ monument ~~ ~ ' , ~ ~ :;.: o ~ ~ ~ ....;>03'0 J's:"o" ~6'11" JI' , ~ ~~ Pl' ~ ~ ,'<; <t " .., o I.;S Ioj ~ " ~ Ii) ij.Li..J .; _' ~ JllJAiz.;tJi:1:9@i~ BLOCK 39 LOT /4 AREA = 0. 28 ~ Acres S 6?40 W.M83./3 ~~...,,~ ~O-9 . 7;y , ,,~. ftJ" f1'~"t' o~ ~ 'lJ1fj .~ I?l PLAN OF PROPERTY TO BE"aAWEn;V BY FISHERS/SLAND DEVELOPMENT CORP fo NELSVN F/SHE.RS /Sl:A!VO N. Y. CHANJLER, PALMER8 K//VG Norwich, Conn, October 27, 1986 OLOF BLOCK 39 SCALE'I": 40 ft. I ~. ~3.' 4-1: r.O" e.. 1+o.~I' 8.1'..$...... zo"e. IO~.%5' W..1C.~.a.,.. po"li. ~a.+z.' '-. ; \ NoTI!: COOSZ::Dlt-...IA.r~ Dle,rANc.E~ A5::E MEA.SUr<::::EO Flt;oM LJ.'50. COA.~T 4,NO Ge:CD..TIC ~VJe"E.Y llC\.4.\oJGU- LA.TIOt-.,\. ..:.T.....TION " t-.Jlto-..,I" .}/. " ~" ..',/"",- ~.;:- ;- '" . ,?'J; "J I I I I ~ "" ~ " 0("'0" " "" ~,.v..) ~,_\"... . \ . ~o '5\(.e1",H '!..\-\OWI~G. '- 'bV;S1! ~ :.t=",,~ ~Tt:"" '---- GL'A.<::AIJ.TEE\) TO OL.OF NEi...~O;J ....'-loTI..\!: ,''1'"\..E G0....e:.h..>.JTEe" CO"",,I"~'< .IN A.CCOl<:.O....>.JCEWITI-\"T\4,l: 'N'IIWIM.LlIvl "'TA.NO.....~'" "'9"'- TITLE "e;.,)e:.VSys 01= T'KE ~E.W YO-C:;'::: ~T""'TE ~J>o..l-J~ \\TL~A'5.s0CI""''T'1 O>-l. =Of i5s-jc~" .. ....~6~~"'l(,'." 'o/~'" 1. ~i:, /"-/'- ~~ - .~ (;,' .l~I/; \~::)~}<141 <;)\} '~if'I.. ,-y,j ~. \ (~~~.~;..t~ ./ q ... .~ . 377C4 .d ~'4, ,0/ , O"'h'~h' ~~6"~ : '\~~ ),,('LC ~ D 7(;_.'L~ -- " -'---. "'-- . POLAN OF P"e:.OPE.R:.TY TO e.E CONVE.YED ,0 OLOF \o..JEL'5(,,)~ FI5HE.lC::o I'5L.....ND NE.W YOIC::K 5CAL.E. ,"= 100 FT CHA.NOL.E~.PALMI::~c} KING o~OR::.W'CH, cONNECT! C"\JT .. , "ANUA~Y ~4, 1"\ 1"'1HOUS1!; ).\.l.1;>5EWA."OI<;I"O~' S't'1iTE\,I ~l>Df'l) J"'I!.ll.,I~<5I. k"::.; '- -' <- ..;.,'..'.'.;y.::,,"'" .,.,.... .-,-,_..........,.......,..........,~..:._..;.....~ -. .. - -~ . . _.._..~,._.. ,-. .~----- .-' . .' T D \ LD y Southold, N.Y. 11971 (516) 765-1938 May 18,1987 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Olaf S. Nelson Fishers Island Dear Mr. 'Olsen: The application for the above mentioned proposal has been reviewed by Mr. Ken Edwards, our Fishers Island Board Member. Mr. Edwards stated that there appeared to be no problem with the application, however, it should be filed as a lot line change. Enclosed is an application for a lot line change which explains those items to be submitted. If you have any questions, please don't hesitate to contact our office. Very truly yours, 117arul1\, ~ Diane M. Schultze, Secretary Southold Town Planning Board enc. cc: Ken Edwards . Lp'.'l , .. , ' . . -- ,)1~087 GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 . MAIN ROAD. CUTCHOGUE, LONG ISLAND, NEW YORK 11935 . PHONE 516 734-7666 April 14, 1987 Re: Fishers Island Development Corp. to_Nelson File #4545 Set-Off for Olaf S. Nelson Gentlemen: Enclosed please find an application which I request you treat as a set-off, along witfu my attorney's check in the sum of $50.00. The property in question is part of an unimproved road presently owned by the Fishers Island Development Corp. which is to be conveyed to Olaf S. Nelson, who is a contiguous land owner. A copy of a survey of Mr. Nelson's present property, prepared by Chandler, Palmer and King, dated January 24, 1979,. is enclosed herewith, showing that the portion of road which I have outlined in red ink, lying to'the southwest of the house parcel that is intended to be conveyed to him by the Fishers Island DevelopmentiCorp. No new building parcel is intended to be created by setting off that portion of road contiguous to Mr. Nelson's property and is intended that there be a merger of title between the set-off road parcel and Mr. Nelson's house parcel. I am also enclosing a copy of a survey prepared by Chandler, Palmer and King for Mr. Nelson, dated October 27, 1986, showing the road parcel intended to be conveyed to him by the Fishers Island Development Corp. /~ Very truly y,.ours, / '-. GFO:afp Enclosures Southold Town Plann~ng Board Main Road Southold, New York 11971 ~i' (J:'~ ~~~~~y GL\A,'l::A4TEE'D ~ 01.. OF. l-JE,-50t-J ....>.1" TI-<e ~\1"\. E GVA~.....'-l'" Ee" C.O"",l"A.>.lY' .IN .....Cc:O~O.....>.lCe:'NITH....1: N'\1'-lIlv\UM ""T~OA.~~ ~O","'ITL'" '5Llt:;VEYS . 01= n-\'E. \'JEW YO-C::.::: ~T""'T~\..,;~O \\TI..E. A 'SSOCI.....T\ O>--J .. 'q..OfE..~'C"~",, ....f~6~tt><...., , ," .. (', ..O/t_'l ':4 "t\ l~/.~V ~ ...,c.; ~~" F~.'.:#1'" .~'I ';,)\;, : U <,;,.1 '1'A " ':;, '! ~" j ~. \. <=..:oo,JJ.~-~~. ..' . '377C4 .,j ~/.. ...0/ " O.....t~A. '~-<r3-('~ -- ';\\.~ ~ \.~L " ~ _D 76..'\" '_.--'---~ "'-- . .~ $ ~. ~3.- <4-1: co" e.. 14-0.....1' S.71-'S+'. Z'O"I!. IDb.'Z.!I' \0.1.1&'..&7'.&0"... ~a.""'r.' t..JoTI! ~ COOICCH~AT~ OIe.TA.NCE~ A~E M~A.S.U~ED FlCO,,-,\ l,).~. CO....SOT ....1>0.10 QC:Ot>"T'IC ~VlC.ve..Y r'::\A,\oJGU- LA.TION SoT A.T 10 N I' to.J.""""," ).'/. (,1",'\ ..,....~. W=-' ;- " . ':"~ I) I I I I ~ "" ~ (.....C.l. """,,, ~Q\'/ttlj "l.7.3'!.. . -I.~. .$Z:'4<j, W, "" '" ~c.'''..\'':\''.'''c' " S"ETCH ~,""o ,t-lC; ,~.~~ I k~ P"LAN OF P't:;OPE.I<::.TY TO e,E CONVEYED ,0 OLOF "-JEL'5n\.....! FI5HE~5 ISLAND NE.W YOR::K 5CAI..E 1"=100 FT ,CHA.NO~E:I'::.PALMe;:R:.C:- KING ,lJOR::.WICH, CONNECTIC"VT " , .,TANUA.Ii:.Y 'Z.4, 1"\'1"1 :HOU51t' t..~QSEwJ.."'nISi'<>.sA,L.' , . , S'l'STE\,I "-DlIfll JMl.1C.,I'l8I' \.. " ' ..'....: -..... .:;'" .;'_:.~~~ :: ,.. .'.~',' ..-.....: ....._-._--~.~...... . -'~.--'-:"'--:. .;;..;....~.:...,;.--:_. --_._--~._- "---,----. - ..----.----.--.. -.._.-..-._--- NOTE - CoordinaJe Dlslrl/7C8s are measured nv~ u. s. Coast and Geodetk: Survtly TritTJgUla~ Slrltion "NIN" ~ ~ ~ t) ~ mOllUlT16I1t , A"IrJ1. ,~.,#. f1~ " '1)'1) ~~ G.l rf PLAN OF PROPERTY TO BECONVEYE/) BY FISHERS ISLAND DEVELOPMENT COR/? fo NELSON F/SHE8S /SIA#O N. y. . CHA/IlJLER, PALMER8 K1N6 Norwich, Conn. October 27, 1986 ~~ ;>> , ~ ~ .. ~ o qj ~ ~ , ~ ,~ Pl' ~ ~ ,'<; ... ^ <t II ~~~ .~i '" OLOF BLOCK 39 SCALE' 1 "= 40 ft. BLOCK 39 LOT /4 S 67.40 W.J!i83.13 (al In order to answer the question3 in this short EAF i3 is assumed that the pre parer wil~ use ccrrently available inforr~t1on concerning the project and the likely impacts of the action. It is not exuected that additional studiee, roeearch or o~her investigations will be undertaken,. - (b) If any question has been answered Yes the project may be significant and a ccmpleted Enviro~i.ental Assessment Form is necessarj. (c) If all questions have been answered No it is likely trAt this project is ~ significant. (d) Enviro~~ental Assessment SHOHT EtlVIRotiJ.\ErITAL ASSZSSMElIT FOR!1 D1STRL'CTlcrs: '" o co ..-l I '" \D r-- \D ..-l '" 1. Will project result in to the project site or than 10 acres of land? a large physical crAnge physically alter more ..-l r-- '" ..-l ..-l . . . . . . . . . . . . 2. Will there be a ~ajor change to any unique or unusual land form found on the site? . . . . . :>< ;Z; 3. Will project alter or have a large effect on an existing body of .....ater? . . . . . . . . . . 'U ..-l o .c .w ::> o Ul 4. Will projec~ have a potentially large impacb on gro~dwater quality? .......... 5. Will projec~ significantly effect drainage flow on adjacent sites? .. . . . . . . . . . . 6. Will project affect any threatened or endangered plant or ank..al species? . . . . . . . . . . . 'U <1l o p:; c ..... <1l :-;; 7. Will project result in a reajor adverse effect on air quality? . . . . . , . . . . . . 8. Will projec~ have a ~3jor effect on visual char- acter of the co~~unity or scenic views or vistas known to be important to the community? ... VI ..-l <1l <11' n, n, <t; 9. Will project adversely impact any site or struct- ere of historic, pre-historic, or paleontological i~portance or any site designated as a cr1ti-Al environmental area by a local agency? ... Will project have a major effect on existing or future recreational opportunities7 . . 10. 4-l o 'U .... <1l o o:l tJ> C ..... C o N 11. Will project result in major traffic problems or cause a major effect to existing transportation systerr.s? . . . . . . . . . . . . 12. Will project regularly cause Objectionable odors, nOise, glare, vibration, Or electrical disturb- ance as a result of the project's operation? . '''ill project have any impact on public heal th or safety? . . . . . . . . o' . . . 1). C :J: o E-< 'U ..-l o ..c: .w ::> o .tIl 14. Will project .ffect 15. P~SPBS?' S SIGlIAniE: REPRESE:ITI:1G: 9/l178 ( Yes .L No Yes -L No Yes X No Yes .L No Yes -L. No Yes .L No ( X Yes No X Yes No Yes X No Yes .L.. No Yes X No Yes X No Yes -L No ~ . . .u . . . APPLICATION FOR APPROVAL OF PLAT Tn the I'lallning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (iinal) approval of a subdivision plat in accordance with Article 16 of the Town Law arid the Rules and Regulations of the Southold Town Planning' Board, and represents and states as foHows: 1. The applicant is the owner of record of the land nnder application. (II the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .................................................... Set-Off for Olaf S. Nelson .................................................................................. ............. 3. The cntire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) Land presently owned by Fishers I s I and Development Corp. 4. The land is held by the applicant under deeds recorded in Suffolk Connty Clerk's office as follows: Liber .......................-. Page ...................... On ......................... Libel' ........................ Page ...................... On ......................... Liber ........................ ...................... On ........................, Liber ........................ Page Page ...................... On ........................, Liber ........................ Page ...................... On ......................... as devised under the Last Will and Testament of ........................................ Or as distributee ........................................................................ ................................................................................................ 5. The area of the land is ... :?~.......... acres. (more or less) 6. All taxes which arc liens on the land at the date hereof have been paid except NONE ................................................................................................ 7. The land is encumbered by mortgage (s) as follows: .............................................................. NONE (a) Mortgage recorded in Liber ............ Page.................... in original amouOl of $. . . . . . . . . . . . . . .. unpaid amount $. . . . . . . . . . . . . . .. held by .......................... . . . . . . . . . . . . . . . . . . . . . . . . ., address ...................................................... (b) l\'lortgage recorded in Liber ............ Page.................... in original amount of $................ unpaid amount $................ held by............................ . . . . . . . . . . . . . . . . . . . . . . . . .. address ..... . . . .............................................. . .. " (c) !vlortgage recorded in Libel" ............ Page.................... in original amount of $,. . . . . " . . .. . . ... unpaid amount $. . . . . . . . . . . . . . .. held by ............................ . . . . . . . . . . . . . . . . . . . . . . . . .. address ...................................................... 8 1'1' 1 1 . . 1 1 NONE . lcre are no ot lef encum >rances or hellS agalllst the ane except ........................ ......................................................................................... 9. The laiHI lies in the following zoning use districts .. .r.es i d.ent i a.i. . . . . . . . . . . . . . . . . . . . . . ......................................................................................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex~ , NONE cept ................................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land, ~X (does not) lie in a "Vater District or "Vater Supply District. Name of Dis- trict, if within a District, is ............................................................... 13. Water mains will be laid by .... .N.I.~..........................".......................... . and (a) (no) charge will be macie for in:;talling said mains. 14. Electric lincs and standards will be installed by ... .~{ 1\. . . . .".. ., .. .... .. .. . . .. ...... .. . . .................................... and (a) (no) charge will be made for installing said lines. 15. N/A Gas mains will be installed by . . . . . . . . . . . . " . . " . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be eXlstmg public streets m th~ Suffolk County Highway system, annex Schedule "D" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets m the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or strud ures on the land which are not located and shown on the plat. 19. ""here the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the cnd of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed decd for lots showing all restrictions, covenants, etc. Annex Schedule "D". . ~ ., , 22. The applicant estimates that the cost of grading and required public improvements will he $... ~J A... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ........ . . .. years. The Performance Bond will be written by a Iic!,nsed surety company unless otherwise shown on Schedule "F". Attorne: DATE ..AR(!J..1'f,.................. 19.eZ. STATE OF NEW YORK. COUNTY OF ....;;~FfQ~K.......................ss: On the.. ..1.4tD.......... day of .;. .lIIIrD................. 19. a7.... before me personally came . . . Gar.y. .F.lanner. .olsen.. .. .... ........... to me known to be the individual described in and whe. executed the foregoing instrument. and acknowl(dged that..... D\".... ... executed the same. NIIIfy~~" L~~'>>;?~"""'" Quetillodi"S_~ 'Va CIlnmillion EMpIreI Nov 30. 11 ~ 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 say that ............ resides at No. .................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that .......................... is the .......... ................ of .................... .................. ...... ................................ the corporation described in and which executed the foregoing instrument; that ..... . . . . . .. knows the seal of said corporation; that the seal affic<ed by order ot the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public .