Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-55.-6-33.1
PLANNINO BOARD MEMBERS Richard G. Ward, Chalrnmn George Rltchlc Lathan~ Jr. Benneti Orlowskl, Jr, Mark S, McDonald Kenneth I~ Edwards Telephone (516) 765-1938 September 21, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOIT L. HARPJS Town HaH, 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516) 765 - 1823 Michael K. Belford, Esq. 26 Saxon Ave. P.O. Box 5529 Bay Shore, NY 11706 RE: Proposed Lot-Line for Edwin Mooney Living Trust & Patricia Mooney Living Trust SCTM9 1000-55-5-33.1 & 33.2 Dear Mr. Belford: The Planning Board has received your letter of September 16, 1993, requesting that the above referenced project be withdrawn. The application has been withdrawn and the file closed. If you have any questions, or require additional information please contact this office. CG~/nc~el'v, · Ward Chairman MICHAEL K. BELFOKD ATTORNEY AT LAW ~6 SAXON AVENUE P.O BOX 55~9 BAY SHORE, NEW YORK 11706 PLEASE REPLY TO: PO. BOX 55~9 BAY SHORE, NY 11706 September 16, 1993 Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, NY 11971 Att: Richard G. Ward, Chairman Re: Proposed Lot-Line Change for Edwin Mooney Living Trust & Patricia A. Mooney Living Trust SCTMI1000-55-33.1- & 33.2 Dear Mr. Ward: With reference to the above referenced lot line change appli- cation, please be advised that I have been instructed by my clients to withdraw the application. Accordingly, it is requested that the application be withdrawn. Should you require any other documentation in order to effect- uate the withdrawal of said application, please advise me. Thank you for your cooperation and courtesies during the working session portion of your Board Meeting on August 9, 1993. I~B/jj Very truly yours, MICHAEL THIS LOT LINE CHANGE BETWEEN " IS LOCATED ON IN SCTM# 1000- AND LOT LINE CHANGE Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Lead Agency Coordination SEQRA deter, mination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of Lot Line =with conditions Endorsement of Lot Line ms 1/1/90 APPLICATION POR APPROVAL OF PLAT To the Planning Board of the Town of Soutbold: The undersigned applicant hereby applies for (tentative) (final)approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rnles and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application· (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application·) 2. The name of the subdivision is to be IW_OOI~I~.¥ TRLISI$ LOX LINE CIIANi;E 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 11607 Page 548 On 1/14/93 Liber 11607 Page 550 On 1/16/93 Liber ........................ Page ...................... On ....................... ; Liber ........................ Page On ....................... ; Lib O · er ........................ Page ...................... n ....................... , as devised under the Last Will and Testament of ..... .I~./..A. ............................. or as distrlbutee .... I~I/A 5. The area of the land is . .2.. p..]..II:.8. ...... acres. 6. All taxes which are liens on the land at the date hereof have been paid.~,~t.t~ ............ 7. The land is encumbered by ................ .............................................. mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $...8.~. ,.5.0. .0.... unpaid amount $ ?..07. 0.0.0.~. .......... held by . .~.O..~.~..h.o..1.d...~.~..~.~..n. ga ....~ .~.. ..... address .... .~..%.n...S.t... ,.. 8o..u.t..h.o.%.d. :...mt.. .............................. - - -----..---. ----~ of ..... 2 ........ unpaid amount $.....~........... ~ ~ ~, $0~THOLD TOWN ................. address ......................................................... 8- There are no other encumbrances or liens against the land except .... ]~.0..l~.. .............. 9. The land lies in the following zoning use districts ....................................... Residential I0. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- NORE cept ' 11. The applicant shall at his expense install ail required public improvements. 12. The land (~t~5= (does not) lie in a Water District or Water Supply District. ~h~9~t~, ,~--.'7 ....... ' 13. \Vater mains will be laid by N/A and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards xvill be installed by ...I~J.A .................................. ..................................... and (a) (no) charge will be made for installing said lines. t5. Gas mains svill be installed by ..... l~. [.A. ................................................... and (a) (no) charge ~vill 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 Highway system, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highxvay System, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structnres on the land which are not located and shoxvn on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjuuctions 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 deed for lots showing' all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $.....0 ..... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ...~ff.A.... )rears. The Performance Bond will be xvritten by a licensed surety company unless otherwise shown on Schedule "F". DATE ..J..U~..e. 25 ............... 19. 93 Applicant-' ~rus~ee (~,~i~i,t~ Edw~h Mooney, Trustee (Address) STATE OF NEW YORK. COUNTY OF ................................. ss: On the .................. day of .............................. 19 ....... before me personally came ........................................... to me known to be the iudividual described in and who executed the foregoing instrument, and acknoxvledged that ............ executed the same. Notary Public ST..\TE OF NEW YORK COUNTY OF ............................ ss: On the ............... day ............ of .............. , 19 ....... before me personally came ........................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................ that .......................... is the .......... the corporation described in and xvhich executed the foregoing instrument; that ............ knows lhe 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 STATE OF NE~ YORK COUNTY OF SUFFOLK / On this c~& day of June, 1993 before me personally came PATRICIA A. HOONEY to ~e kno~m to be the T~ustee of the PATRICIAA. HOONEYLIVING TRUST and kno~n to me to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as such Trustee. STATE OF NEb/YORK ) COUNTY OF SUFFOLK ) MICHAEL K. BELFORD NOTARY PUBLIC, State ~ New No. 52-451049b Qualified in Suffolk County ~?~"" Commission Expires Me~'h 30, 197'J On the ~ day of June, 1993 before me personally came EDbYIN NOONEY to me knovn to be the Trustee of the EDWIN MOO~.¥ LIVING TRUST and knovn to me to be the person des- cribed in and who executed the foregoing instrument and acknowledged that he executed the same as such Trustee. Notary Pubrifi ' // MICHAEL K. BELFORD NOTARY PUBLIC, State ~ NewYm~ No. 52-451049[, Qualified in Suffolk County Commission Expires-M-a1%"h 30, 19 ~ I PROJECT I.D. NUMBER I 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. ~iI~LICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Co.n,', 4. PRECISE LOCATION (Street address and road intersections, prominent landmarka, etc., of provide map) 5. IS PROPOSED ACTION: [] New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF LAND AFFECTED: Initially acres Ultimately · .~O acres 8. WILL P OPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? No describe briefly. 9. WHA, HA~IIS PRESENT LAND USE IN VICINITY OF PROJECT? ~"Residentlal [] Industrial [] Commercial [] Agriculture [~ParPJForestlOpen space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~ If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~o If yes, list agency name and permiUapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? [] Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action Is in the Coastal Area, and you are a-state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II--ENVIRONMENTAL ASSESSM~q~' (To be completed bY Agency! A. DOES ACTION EXCEED ANY TYPE I I~RESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review pro,ess and uss the FULL EAFo r-1 Yes [~No B. WiLL ACTION RECEIVE COORDINATED REVIE"IN AS PROVIOED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative dec arat o may be superseded by another invofved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If C1. Existing air quality, surface or groundwater duality or quantity, noise levels, existing trofflc patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Expla, in briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or nelghborftood character? Explain briefly:. C3. Vegetation or fauna, fish~ shellfish or wlldl!fe species, significant habitats, or threatened o~ endangered species? Explalll briefly: C4. A community's existing plans or goals as officially adopted, ora cbe. nge In use or intensity of use of lend or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in CI-C~? Exblain'brlefly. C7. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly. D. tS THERE, OR IS T,~ERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes I~l No If Yes, explain briefly PART Ill--DETERMINATION OF S!GNIF.!CANCE (To be completed by Agency) INSTRUCTIONS: For e'~ch adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreverslbility;, (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 FAF and/or prepare a positive declaration. ,~1 Check this box If you have determined, based on the information and analysis above and any supporting documentation, that the proposed act[on WILL NOT result in any* significant adverse environmental impacts AND provide on attachments as necessary, the*reasons supporting this determination: Date Title of Responsible Officer Sianature of P~e~arer (If differeflt from re~poftsi~e officer) $outhold, N.Y. 11971 (516) 7G5-19~S 9~ESTIONNAIRE TO. BE COMPLETED AND SUBMITTED ~ITH YOUR APPLICATIONS FO~S TO THE PLANNING BOARD Please complete, sign and return to the office of the-.Planning Board with your completed applications forms. If your answer to any of the following, questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are'there any wetland grass'es on this parcel? Yes (Attached is a list.o.f the wetland grasses defined by the ~wn 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 deparfment or agency?(Town. ,. State, County, etc.) Yes 5..Is there any application pending,before any other agency with regard to a ~ifferent project on this parcel? Yes 6. Was this property the subject of any prior. . .application to the Planning Board? Yes ~ 7. Does this property }]ave a valid certificatd . ~ ..... copy o~ same Yes"" ~ e true and will b~ relied on by the Planning Board in Considering this app~gation' Signature' of property own~ or au=horlzed PATR~CIA A. MOONEY - Trustee agent ~ICHAEL ](.. BEL~ORD STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) EDWIN MOONEY, being duly sworn, deposes and says: That I am the Trustee for the real property designated as Tax Map #1000-55-06-033.001, which real property is the subject line change application before the Southold of a pending lot Planning Board. That in the event said lot line change application is approved, the undersigned shall merge the real property for which he is the Trustee, with the adjoining real property which constitutes a parcel of real property now owned by the PATRICIA A. MOONEY LIVING TRUST. Sworn to before me this ~-~day of June,~1993.~ Notary Public - MICHAEL K. BELFORD NOTARY PUBLIC, State ~ Naw¥~ No 52-451049b Qualified in Suffolk County Commission Expires~ 30, Trustee $OUTHOLD TOWN PLANNING BORing) OF REAL ~.STATE COMPLieS WITH SECTION 5-702 OF THE CENERA~I~BLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty los~ before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or pe~se~ion o[ the premises. CONTRACT OF SALE made as of the day of May BETWEE rI . MOOn, NY , is 93 Addras~: 29 Sunset Road, Bay Shore, NY 11706 hereinafter called "SELLER", who agrees to sell, and RACHEL VOEOELIN Address: 22-600 Hain Road, Cut:chosue, NY 11935 hereinafter called "PURCHASER", who agrees to buy: The property, ineludins all buildings and improvements thereon (the "PREMISES") (more fully described on a separate page marlssd "Schedule A") and also known as: StreetAddre~. Vacant Land - Private Road, Southold, ,Rev York ~ Map Deslina~on: 1000-055.00-06 · 00-033. Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lll~8~e~l~king fixtures, bathroom and kitchen cabine~, mantels, door mirrors, venetian blinds, shades, screen, storm windows, window boxes, ~torm doors, mail boxes, weather vanes, flagpoles, pumps, shr~ry., t0ol sheds, dishw~hers, washing machines, clothas dryers, garbage disposal u~co ditioning equipment and installations, and wall to wall ca~, ~~ Excluded from this sal .... ,.,,,.,,,,.~Ir ~_____~ _ _. J I _ I .... ' ,.-. $ 1,000.00 1. a. The purchase price is payable as follows: On the dining of this contract, by check subject to collection: $ By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: ~' s 1,000.00 BALANCE AT CLOSING: ..... for its preparation. c. If any required payments am made on an EXISTING MORTGAGE between now ~luce the unpaid principal amount o/an EXISTING MORTGAGE below that amount shown in the balance of the price payable at CLOSING will be adlusted. SELLER agrees that the amount shown reasonably correct and that only payments required by the EXISTING MORTGAGE will be made. d. If there is a mortgage escrow account that is maintaine~ for the etc., SELLER shall assign it to PURCHASER, if it can be assigned. In that event PURCHASER , the amount in the escrow account to SELLER at CLOSING. 2. The PREMISES will be conveyed subject to the conrinuir MORTGAGE(S)" ss follows: Mortgage now in the unpaid principal amount of $ and interest at the rate of per cent per year, presently payable in installments of $ which include principal, interest, and with any balance of principal being due and states that no EXISTING MORTGAGE contains any permits the holder of the mortgage to Fooa o~f D~d c~ 3. All money payable under th/s contract, unle~ otherwise specified, shall be either: ~. Cash, but not over one thou~nd ($1,000.00) Dollars, b. Good cerrified check of PURCHASER, or official check of any bank, savings bank, trust company, or savlng~ and loan usoeiation having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (i/an individual) to the order of SELLER in the presence o/SELLER or SELLER'S attorney. e. Money other than the ourcham price, payable to S.E_L. LER at C.L_O. SING, may be by check of PURCHASER up to the amountof FTV~ HUNDRED .................... ($ 500.00 )dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4, The PEEMISES am to be trarudm'md subject to: a. Laws and governmental regulations that af~ct the use and maintenance o~ the PREMISEg, provided that they are not violated by the bufldln~ end improvements erected on the PREMISES. b. Consents ~or the e~-,tion o~ any structuse~ on, under or above any streets on which the PEEMISES abut. c. Encroachments oi: stoops, are~, cellar aicpa, trim and cornleel, i~ any, upon any st~met or highway, d. Subject to any state of facts an accurate survey may show, provided same does not render title un~rketable. $. SELLER shall ~ive end'PURCHASER shall accept such rifle as any reputable title company , will be willing to approve and insure in accordance with their standard form of rifle policy, subject only to the matte~ provided ~r in this contract. 6. "CLOSING" means the ~etflement of the obli~arions of SELLER and PURCHASER to each other under'thl~ contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Barsat.n & Sale w/Covenants deed in proper statutory form for recording so ss to tran.,~-er full ownet'ship (~e simple rifle) to the PREMISES, free of all encumbrances except as herein stated, The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. ~~icate . . . aryof the._cerp~rat.to._n of the Bnsi n such case shall contain a recital sufficient to establish compliance wire mat 7. CLOSlNG wili ealm place at the office of l~:[.chee[ K. Belford, Esq., or lendin& inst:[- -. ....... .,~,~e~-on or about 2/20/93 ~ 8. PURCI-IA~EI~j~I~e PURCHASER has not dealt with any broker in connection with thi~ sale other than and gELLER a~rens to pay the broker the commission earned thereby (pursuant to separate agreement). RODERIOK VAN TUYI.~ P. C. GREENPoRT, NEW YORK I 1044 6) 4}141 Nay 7, 1993: Oescriptiont, '50~'s~rip ;/s ~.Z.~.R., Southold Beginning aC a point on the northerly line of the Lon Island Railroad, at the southeasterly corner of the property herein described, and the southwesterly corner of lend nov 'o'~-:;fo~merly of O'Malley; From said point of beginning., running thence along said northerly' line of Lon8 Zeland RailrOad, ~hree courses: 1) S.70ell'50"W.-127.34 feet; thence 2) N.24e&3.00"w,-18.32 feet; thence 3), S.70ell'50"W.-15a.12 feet Joseph Blados Eec.; thence alon geid land 50.0 feet to lend now'or formerly Of Dillingham; thence along said lend, Three courses: 1) ~.70'11'50'E.-200.0 feet; thence 2) $.2~e&3.00~E.-18,32 feet; thence 3) N.70ell'50"E.-77.63 feet to land now or formerly of O'Malley; t~hence along said land S.24elO'~O"E,-50.1~ feet to the point of beginning, ' Containing 13,977'eq,ft. (0,$2~ AS.) .. Colin', Van .~uyI To; Mike Belford, Esq. 26 Saxon Ave. Bayahore, NY 11706 ~ and Complkmce with 5~ate and MunL'~l and Orders: In the New York: Installment Prtct to Pay Co~:lfgton o,f Pmperty: 9. This sale includes all of SF~LER'S ownership and rights, II any, in any land l,v=~ng in the bed of any street or highway, opened or proposed, in front of or ~ining the PREMISES to the center linc there~[t also includes any right of SELLER to any unpaid award by reason of a"~aklng by condemnation and/or for any damal~the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PUI~CHASER may require to collect the award and damages. ~~flcate: l_f t~e h~ insto~.d of the certificate etter dated not more than thirty (30) days before CLOSING containing the same 11. a. SELLER will comply with all notes or notic~ of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority az to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be tranderred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations neee~ary to make the searches that could diselose these matters. 12. If at the time of CLOSING the PREMISES are affected by an asse~ment whieh is or may become Payable in annual installments, end the first installment is then a lien, or has been paid, then ~or the purpexes of this contract all the unpaid installments shall be comidered due and are to be paid by SELLER at CLOSING. 13. The following are to apportioned ns of midnight of the day before CLOSING: ~ertod for which If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis'of the old tax rate or the preceding period applied to the latest essayed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, n___m__'~____ments, water charges and sewer rents, together with any interest and penalties thereon to & date not lm than five (Ii) business days tfter CLOSING, provided that official bills therofor computed to said date a~ produced at CLOSING. 16. If there is anything else dfecting the sale which SELLER is obligated to pay and diseharg~ at CLOSING, SELLER may use an portion of the balance of the purchaso price to discharge It. As an alternative SELLER may dep~it money with the tide insurance company employed by PURCHASER and required by it to ~usure its discharge; but only if the tide insurance company will insure PURCHASER'S title elexr of the matter or insure agains~ its enforcomcnt out of the PREMISES. Upon request, made within a rcasonable time before CLOSING, the PURCHASER agrees to provide sep&rato certiRed cheeks as requested to *~. in elenring up these matters. 17. If a tide examination disoloses judgments, bankrupt~,im or ,p~er rctums against lin'sons having names the sune ss or similar to that ~ SELLER, SELLER shall deliver a settdaetor~detalled affidavit at CLOSING showing that they am not against SELLER. 18. At CLOSING, SELLER shall deliver a certtfied cheek payable to the order of the appropriate State, City or County officor in the amount of any applicable transfer and/or recording tax payable by reason of the deflvery or reCOrding of the deed, together with any required tax return, PURCHASER agrees to duly complete the tax return and to cause the cheek(s) and the :ax return to be delivered to the appropriate officer prcmpdy after CLOSING, 19. All money paid on aocount of this contract, and the reasonable expenses of examination of the tide to the PREMISES and of any survey and survey inspection eh~ges am hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in pedormanco of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this conttact, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the tide, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights again~ the other. ~ltion. PURCHASE~n ' condition subject to r~so ER shall have the 22, AH prior unchn~andings and agreements between SELLER ~nd PURCHASER arc merged tn this contract. It completely exp~ their full a~rcement. It has been entered into after full investigation, neither part~ relying upon any statements made by anyone el~e that is not set forth in this contract. ?,bo Plural: heirs, executors, administrators, suceessors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any ehenge.s in dates and time periods provided for in this contract. 24. Any singular word or term herein shah also be read ~ in the plural whenever the sense of this contract may squire it. 25. The parties agree ?.share the cost ~" ~ ....': up to $500, - _- _ __- -__,~_, , _., in order l:o effectuate the. necessal'y Ilavvro:~,als from l~h~. To.we _p~ .Southold Planning Board.'l~ o~tt~ ~o C~"e exten~at~ s~°ie~'"~lYsbursemenl:s, exceed. =he sum. q£ $50~0, =he RAClI~L in Pmsenco Of: Closing of title under the within contract is hereby adjourned to 19 , at o'elcok at ; title to be elo~cl and all adlostments to he made es of 19 Dated, 19 For value mosived, tim within contract e~d all the right, title and Interest of the purchsz~r thereunder em hereby ~tgned, end said assi~n~ h~r~by,~ume~ ~ 9bligatioos.o~,tht pur~. ~er ~hemvog~ ........ ~ Dated, 19 ,4~gnee o.f Puroha~r (gnntrart of Title No. TO PREMISES Block Lo~ Coun~ or Town Street Numbered Address CHIOA~O TITLE IN~UNANCE COMPANY Recorded at Request of RETURN BY MAIL TO: Zip No~ Jointly prepared by the Real Property New York State Bar Association, the New York 1-and Title Association, the Committee on Real -Property L~w of the Association of the Bar of the City qf New York and the Committee on Real Property Law of the New York Count.v Lawyers' Association. WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Residential Contract,of Sgle tganttact a'f tde made as of ~ ~'/R ~ 7 19 93 ~ PA~[CIA A. H~ L~VZNG ~UST Address: 29 Sunee~ Road, Bay Shore, ~ 11~06 Social Security Numar/Fed. I. D, No(s): ~C~L VOEGELIN Address: 22-600 ~in toad, Cu~cho~ue, ~ 11935 Soc[a~ Security Number/Fed. L D. No(s): I. Premises. Seller shall sell and convey and Purchaser shall purchase the property together with all ,b, uildings and improve- ments thereon (collectively the "Premises 3, more fully descr bed on a separate page marked "Schedule A", annexed hereto and made a part bereof and also known as: Street Address: Pr:Lvat:e Road Southold, Ir/ Tax Map Designation: 1000-055 · 00-06 · 00 033.2 Together with Seller's ownership and rights, if any. to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to the center line thereof, including any rlgh~ of Seller to any unpaid award by reason of any taking by condemna- tion and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no addi- tional cost to Purchaser, at Closing (as hereinafter defined), or thereafter, on demand, any documents that Purchaser may rea- sonably require for the conveyance of such title and the assign- ment and collection of such award or damages. L Personal P~operty. This sale also includes all fixtures and arti- cles of personal property now attacRcd or appurtenant to the Premises, unless specifically excluded below. Seller represents and warrants that at Closing they will ~be paid for and owned by Seller, free and clear of all liens and encumbrances, except any existing mortgage to which this sale may be subject. They include, but are not limited to, plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, ~ switch plates and door hardware, ~Tar-': .... ~-~-. "'. . . . shades, screens, ..... :-2' storm windows, storm doors, window boxes, mail box, Tlr' ---:~ ...... ~ ....... .."-27-'- pumps, shrubbery, fencing, A....~ ........... '.', tool shed'Jllielm~a~ wash- ing machine, clothes dryer,_""'~""'- '~: ..... ~ "-:', range, oven, refrigerator, ~'._ ,2~: --~ ~'"7-:-2 -'~' !7 ...... '~ ~--'-"-':'-- wall to wall carpeting and built-ins not excluded below (strike out Excluded from this sale are furniture and household furnishings and 3. Purchase Price. The purchase price is $ 175,000.00 payable as follows: (al on the signing of this contract, by Purchaser's check payable to the Escrowee (as hereinafter defined), sul~icct lo collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract (the 'Downpayment"): S 17,500.00 (b) by allowance for the principal amount unpaid on the exist- ing mortgage on the date hereof, payment of which Purchaser shall assume by joindcr in the deed: $ (c) by a purchase money note and mortgage from Purchaser to Seller: $ (d) balance at Closing in accordance with paragraph 7: $ 157,500.00 BETWEEN hereinafter called "Seller" and hereinafter called "Purchaser", installments of $ which include principal, est and escrow amounts, if any, and with any balance of prin, being due and payable on (b) To the extent that any required payments are made the existing mortgage between the date hereof and Closln reduce the unpaid principal amount thereof below the shown in paragraph 3(b), then the balance of the price I Closing under paragraph 3(d) shall be increased the payments of principal. Seller represents and the amount shown in paragraph 3(b) is substantially orrect and agrees that only payments required by thc existin e will be made between the date hereof and Closing. (c) If there is a mortgagee escrow account. Selh to Purchaser, if it can be assigned, and in thi pay the amount in the escrow account to Seller a (d) Seller shall deliver to Purchaser at a certificate dated not more than 30 days before Closin by the holder of the existing mortgage, in form certifying the amount of the unpaid principal, the date which interest has been paid and the amounts, dan for prin- cipal and interest, itemizin the same, recording such certificate. '8 mortgage is a bank or other institution as defined Property Law ("Institutional Lender' instead of the cer- tificate, furnish a letter signed by duly authorized officer, employee or agent, dated not more 30 days before Closing, containing the same information. (el Seller represents and (il Seller has delivered to Purchaser true and complete copi of the existing mortgage, the note sec modificatons thereof. (ii) the existing mortgage is and at the time of Closing will not be, in default, and the existing mortgage does not contain any provision that holder of the mortgage to require its immediate full or to change any other term thereof by reason of the sale S. Purchase Money to be a purchase above: (al The purchase the attorne Purchaser shall lng fees and the for its (b) The that it is gage and any dalton the wtal $ if inapplicable) If there is as indicated in paragraph 3(c) note and mortgage shall be drawn by n the form attached or, if not, in the stand- York State Land Title Association, Closing thc mortgage recording tax, record- 's fees in the amount of $ money note and mortgage shall also provide md subordinate to the lien of the existing mort- tensmns, modifications, replacements or consoli- provided thai 0) the interest rate be greater than percent per annum and service thereunder shall not be greater than per annum, and (ii) if the principal amount thereof s exceed the amount of principal owing and unpaid on thc cxi~ the time of placing such new mortgage or consol mortgage, the excess be paid to the holder of such e money mortgage in reduction of the principal thereof. Thc rehase money mortgage shall also provide that such pay- to the holder thereof shall not alter or affect the regular in y, of principal payable thereunder and that the thereof will, on demand and without charge therefor, exe- acknowledge and deliver any agreement or agreements 6, Downpayment in Escrow. (al Seller's attorney ("Escrowcc') shall hold the Downpayment for Seller's account in escrow in a segregated bank account at F.A~-]~ay Shore, NY' until Closing or sooner termination of this contract and shall pay over or apply the Downpaymem in accordance with the terms of this paragraph. Escrowce shall (nor) f Delete if inapplicable) hold the Downpaymcm in an interest-bearing account for thc benefit of - the ~arties. If interest is held for the benefi~/~tbe parties, il'shall · be paid to the party entitled to the Downl~aent and the parly receiving the interest shall pay any income t~t'~es thereon, If intcr- cst is not held for thc benefit of the parties, the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be furnished to Escrowce upon request. At Closing, the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive Notice of objection from such other party to the proposed pay- ment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such pay- ment. If Escrowee does receive such Notice of objection within such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payment, Escrowee shall con- tinue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable judgment, order or decree of a court, However, Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premisea are located and shall give Notice of such deposit to Seller and Pur- chaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. (b) The parties acknowledge that. although Escrowee is holding the Downpayment for Seller's account, for all other purposes Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally agree to defend, indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Eserowee in bad faith or in willful disregard of this contract or involving gross negligence on the pan of Escrowee. (c) Escrowce may act or refrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it (including any member of its firm) and shall be fully protected in so acting or refraining from action upon the advice of such counsel. (d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and Escrowce's agreement to the provi- sions of this paragraph by signing in .the place indicated on the signature page of this contract. (e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute aa to the disbursement of the Downpayment or any other dispute between the parties whether or not Eserowee is in possession of the Downpayment and con- tinues to act as Eserowce, 7. Acceptable Funds. All money payable under this contract. unless otherwise specified, shall be paid by: (a) Cash, but not over $1,000.00; (b) Good certified check of Purchaser drawn on or official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York, unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon not less than 3 business days notice to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing, uncertified check of Purchaser up to the amount of $ 500,,00 ;and (d) As otherwise agreed to in writing by Seller or Seller's attorney. of Purchaser hereunder are conditioned upon issuance before . 19 , (the ment Date") of a written commitment from any Lender pursuant to which such Institutional s to make a first mortgage loan, other than a VA. ther governmentally insured loan, to Purchaser. at sole cost and expense, of $ ar such lesser sum as Purchaser shall be willing to accept, a arevailing fixed rate of interest not to exceed useable rate of interest not to exceed for of at least years and on terms, whether or not conditional upon any factors other an appraisal satisfactory to the Institutional Lender. shall (a) make prompt application to an Instititional L for such mortgage loan, (b) furnish accurate and eom tformation regarding Purchaser and members of as required. (e) pay all fees, points and charges requi in connection with such application and loan. (d) igence. (e) cooperate in good faith with Lender to obtain such com- mitment and (0 give Notice to Seller of the name and address of each I o which Purchaser has made such :rehaser shall comply with all requirements of such committ (or of any other commitment accepted by Pur- Seller with a copy thereof promptly after receipt mmltment is not issued on or before the Corem Date. then, unless Purchaser has accepted a eom- that does not comply with the requirements set forth Purchaser cancel this contract by giving Notice to after the Commitment Date. in which tics lo, thc olber t~tson of this contract, except t~h~,l'LeDown- payment shall be p~mptly refunded to Pur~ti~lla~r-and except as set [beth in paragraph 27. If PurchaJ~,$~ff~to give notice of can- cellation or if Purchaser sha~[~l~{ a comr~Rmem that does not comply with the ter_..Ri~=~er'forth above, then Purchaser shall be deemed to~li$~Tved Purchaser's right to cancel ti~ls contract ~ve ~.payment by reason of the 9. Permitted Exceptions. The Premises are sold and shall be con- veyed subject to: (a) Zoning and subdivision laws and regulations, and landmark. historic or wetlands designation, provided that they are not vio- lated by the existing buildings and improvements erected on the property or their use; (b) Consents for the erection of any structures on, under or above any streets on which the Premises abut; (c) Encroachments of stoops, areas, cellar steps, trim and corni- ces, if any. upon any street or highway; (d) Real estate taxes that are a lien. but are not yet d'ue and payable; and (c) The other matters, if any, including a survey exception, set forth in a Rider attached. 10. Governmental Violations and Orders. (a) Seller shall comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted or issued as of the date hereof by any governmental department having authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises, The Premises shall be conveyed free of them at Closing. Seller shall furnish Purchaser with any auth,orizations necessary to make the searches that could disclose these matters. II. Seller's Representations. (a) Seller represents and warrants to Purchaser that: (i) The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right, power and authority to sell. convey and transfer the same in accordance with the terms of this contract; (iii) ,'geller is not a "foreign person", as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code ("IRC") Section 1445, as amended, and the regulations promulgated thereunder (collectively "FIRPTA"): (iv) The Premises are not affected by any exemptions or abatements of taxes; and (v) Seller has been known by no other name for the past ten years, except NONE (b) iSeller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Cl6sing. (c) Except as otherwise expressly set forth in this contract, none of Seller's covenants, reprnsentations, warranties or other obliga- tions contained in this contract shall survive Closing. 12. Condition of Property. Purchaser acknowledges and repre- sents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that Purchnset is entetini} into this contract based solely upon such inspection and invnsugation and not upon any information, data, statements or representations, written or oral, as to the physical condition, state olrepair, use, cost of operation or any other matter related to the Premises or the other property included in the sale. given or made by Seller or its representatives, and shall accept the same "as is" in their present condition and state of repair, subject to reasonable use. wear; tear and natural deterioration between the date hereof and the date of Closing (except as otherwise set forth in paragraph 16(f}), without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsaquent to the date of this contract. Purchaser and its authorized representatives shall have the right, at reasonable times and upon reasonable notice (by telephone or otherwise) to Seller, to inspect the Premises before Closing. 13. Insurable Title. Seller shall give and Purchaser shall accept such title as any reputable title company shall' be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department. subject only to the matters provided for in this contract. 14. Clostnl, Deed and Title. (a) "Closing" means the settlement of the obligations of Seller and Purchaser to each other under this contract, including the payment of the purchase price to Seller, and the delivery to Purchaser of a 'bargain. & sale with covenants deed in proper statutory short form for record, duly exccuted and acknowledgad, so as to convey to Purchaser fee simple title to the Premises. free of all encumbrances, except as otherwise herein stated. The deed shall contain a covenant by Seller as required by subd. S of Section 13 ofthe Lien Law. SECOND RIDER TO CONTRACT between THE PAT~ICIA A. MOONEY LIVING T~UST & VOEGELIN Notwithstanding any other provisions contained in the contract nor rider number 1, the parties agree that the contract shall be amended so as to contain the following provisions: A. The described premises are being sold together with a right-of-way for ingress and egress for vehicles and on foot and utility easem~nt/~ ~rom and.to Ma~n Road to an~ from the subject ?remi~es. B. The Purchaser shall, at its own cost and expense, obtain a water analysis of the water supply at the subject premises within ten (10) days from the date of the contracts herein. In the event the water analysis shall show that the water potability of the water does not meet the minimum standards of the Suffolk County Health Department requirements, the seller shall have the option of either rectifying said condition so as to provide potable water or shall have the right to cancel the within Contract and the purchaser shall be immediately entitled to the return of the down payment and there shall be no further liability between the parties. The Purchaser shall deliver to the seller a copy of said analysis. C. That in addition to the other representations made in the contract the Seller represents that at the closing of title the roof and basement shall be free of leaks and that there shall be no garbage or rubbish left within the house or barn or any other structure on the property nor on the premises being conveyed herein nor left on the sidewalk or street or right-of-way or upon adjoining property of the subject premises. In particular, the old boat and the. collapsed shed shall be removed from the subject premises prior to closing at the sole cost and expense of the Seller. D. That the storm windows which are stored in the barn, the outside television satellite dish and receiver and the wood stove which are located inside the house are included in this sale. E. That provision 16 (b) of the contract is amended to provide that the Seller shall deliver to the PURCHASER at or prior to closing of title certificates of Occupancy covering the residence, the barn and any other structures requiring same. F. That provision 7 (c) of the contract is amended to increase the amount of the uncertified check from $500.00 to $1,000.00. G. A new provision 9 (f) shall be added to the contract of sale to read as follows: "Subject to a state of facts an accurate survey of the premises may show, provided same does not render title unmarketable." H. The Purchaser acknowledges that it is aware of the existance of a buried fuel gasoline tank at the subject premises and is fully cognizant of the adverse ramifications that can flow from said tank in the event a leak has contaminated the surrounding soil, and with knowledge of same is purchasing the premises with such buried tank and agrees to save harmless and indemnify the Seller from any claiI~ made by reason of such tank. RACHEL VOEGEL FN ,/ First erican'Title Insurance pany of New York Title No. 111-S-6255 :: SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the boundary line between land of the Estate of Joseph Blados and land of O'Malley, said point b~ing North 24 degrees 10 minutes 50 seconds West, 50.15 feet from the northerly line of lands of Long Island Railroad Co.; RUNNING THENCE along other the following 5 courses: (1) South 70 degrees (2) South 24 degrees (3) South 70 degrees (4) North 19 degrees (5) North 70 degrees land of O'Malley; THENCE along said land of 50 seconds East, land of the Estate of Joseph Blados, 11 minutes 50 seconds West, 77.63 feet; 43 minutes West, 18.32 feet; 11 minutes 50 seconds West, 200.0 feet; 48 minutes 10 seconds West, 322.87 feet; 11 minutes 50 seconds East, 253.08 feet to said O'Malley, South 24 degrees'10 minutes 342.13 feet to the point of BEGINNING. RIDEHTOCO%~t~CTOF ~ dated April , 1993 by and between THE PATRICLA A. MOONEY LIVING TEUST and RACHEL VOEGELIN, as 1. The Purchaser shall have the right to have the premises inspected for the purpose of determining the existence of termite infestation and damage. The cost of said inspection shall be borne by the Purchaser. In the event termite infestation or damage is found, a copy of the report issued by the termite company or the written notice shall be served upon the Seller's attorney within ten (10) days from the date hereof. Upon receipt of such notice by the Seller's attorney, the Seller may do one of the following: (a) treat the termite condition at his own cost and expense, in which event the Purchaser agrees to consummate this transaction pursuant to the further terms hereof~ or (b) terminete~his contract by refunding the sums paid hereunder by the Purchaser. Notice of the Seller's intent to exercise either option shall be served upon the Purchaser's attorney within ten (10) days after the receipt of the termite report. In the event the Purchaser shall fail to have the premises inspected or fail to serve said written notice postmarked not later than ten (10) days from the date hereof, the Purchaser shall be deemed to have waived the provisions of this clause and this contract shall remain in full force and effect. If the Seller elects to correct said termite condition or damage, then the Seller will provide the Purchaser with a one-year written guarantee at closing. 2. Seller acknowledges receipt of the contract deposit by their attorney, MICHAEL K. BELFORD, and said attorney agrees to hold said sum in escrow pursuant to the terms of this contract until closing of title. In the e~ent a dispute arises as to whether Purchaser has wilfully defaulted under the terms of this contract of sale, MICHAEL K. BELFORD 'may deposit the down payment witht~: appropriate New York State Court end, upon doing so, shall have further responsibility or liability concerning the said contract deposit. Seller Seller Purchaser Pu~haser (b) If Set/er is a corporation, t shall deliv$.r to Purchaserat the ~, tirade of Closing (i) a resolution of its Boarsll')irectors authoriz- · ~,iteg the sale and.delivery of the deed, andes certificate by the S cretary or Assistant Secretary of abe corporation certifying such · resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business ,Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that Section. I~, Closing Date and Place. Closing shall take pl~ce at the office of HJ-chael K. aelford, Esq.-26 Saxon Ave., Bay Shore, NY at o'clockon or about ~ 1993 or, upon reasonable notice (by telephone or otherwise) by Pur- chaser, at the office of 16. Condlgon~ to CIo~ing. This contract and Purchaser's obliga- tion to purchase the Prem scs are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) Thc accuracy, as of the date of Closing, of the representa- tions and warranties of Seller made in this contract. (b) The delivery by Seller to Purchaser of a valid and subsisting Certificate of Occupancy or other required certificate of com- pliance, or evidence that none was required, covering the build- ing(s) and all of the other improvements located on the property authorizing their use as a one family dwel- ling at the date of Closing. (c) The delivery by Seller to Purchaser of a duly executed and sworn affidavit (in form prescribed by law) claiming exemption of the sale contemplated hereby, if such be the case, under Article 31-B of the Tax Law of the State of New York and the Re la- alGas promulgated thereunder, as the same may be amended ~ro~ time to time (col ect rely the "Gains Tax ~ -.-.", , , m Ina not ee exempt under the Gains Tax Law, Seller and Pur- obeyer agree to comply in a timely manner with the re uirem of the Gains Tax Law and, at ClosinG. Selle- .t. ...... q eats chaser (i) an official return showing no tax due, or (ii) an official return aCcompanied by a certified or official bank check drawn on a New York State banking institution payable to the order of the New York State Department of Taxation and Finance in the amount of the tax shown to be due thereon. Seller shall (x) pay promptly any additional tax that may become due under the Gains Tax Law, together with interest a~d penalties thereon, if any, which may be assessed or become due after Closing, and/or exe- cute any other documents that may be required in resoect there and. (y) mdemmfy, defend and save Purchaser harml2 ..... of: against any of the foregoing and any damage, liability, cost or expense (including reasonable attorneys' fees) which may be suf- fered or incurred by Purchaser by reason of abe nonpaYmem th of. The provis ons of this sub,,ar ..... ~- ..... .. _ ere. that Seller is not a foreign person, which certification shal be n the form then required by FIRPTA. If Se er fails to de var the aforesaid certification or f Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10c~ thereof any lesser amount permitted by law) and shall at Closing remit withheld amount with the required forms to the Internal Revenue Service. (e) The delivery of the Premises and all building(s) and improve- ments comprising a part thereof in broom clean condition, vacant and free of leases or tenancies, together with keys to the Premises. (0 All plumbing (includ ng water supply and septic systems, f any). heating and a r conditionina, if any, electrical and mechani- cal systems, equipment and machinery in the building(s) located on the property and a appliances which are included in this sale being in working order as of the date of Closing. (g) If the Premises are a one or two family house, delive he parties at Closing of affidavits in compliance with stat~rYanbdy ocal law requirements to the effect that there is installed in the ~remlses a smoke detecting alarm device or devices. (h) The delivery by the parties of any other affidavits required s a condition of recording the deed. 7. Deed lYamfer and Recording Taxes. At Closing, certified or fficial bank checks payable to the order of the appropriate State, ~ity or County officer in the amount of any applicable iran nd/or recording tax pa"able b ............ sfer ig o.f abe deed or mortgage fany. shall be delivered by the party qutr. e.d by law or by this contract to pay such transfer and/or coromg tax, together with any required tax returns duly axe- ned and sworn to, and such party shall cause any such checks ,d returns to be delivered to the appropriate officer promptly tar Closing. The obligation to pay any additional tax or deft- :ney and any interest or penalties thereon shall survive Closing. · Apportionments and Other A~mtmen~; Water Meter and tallment Aue~ments, {a) To the extent applicable, the follow- : shall be apportioned as of midnight of the day before the day Closing: (i) taxes, water charges and sewer rents, on the basis of the =! period for which assessed; {ii) fuel: ':: ..... . ...... · ........ ~ __o ............. o. ~.) r :: ,'-, '.- ...... -- ........'__Ih_L.L ,) 1[ Closing shall occur before a new tax rate is fixed, the ~nion .me. nt ? ta~ce shall be Upon the basis ef~ ~ ~. (c) If there is r meter on the Premises, Seller shall furnish a reading to a more than 30 days before Closing and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. (d) If at the date of Closing the Premises are affected by an assessment which is or may become payable in annual install- ments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (e) Any errors or omissions in computing apportionments or other adjustments at Closing aha I be corrected within a reason- able time following Closing. This subparagraph sba] survive Closing. 19. Allowance for Unpaid Taxe~, etc. Seller has the option to credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes, assessments, water cbatge~ and sewer rents, together with any interest and penalties thereon to a not less than five busin,-- .4~._ .t .... . date bills therefor Com,.ut.~'~ .-,~. ~!er ~osmg., provtded that official t- .-,..-, ~u ua~e are proouced at Closing, 20, Use of Purchase PI'lea to Remove Eneumbruncse, If at Clos- ing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash bal- ance of the purchase pr ce to pay or discharge them, provided Seller shall simultaneously deliver to Purchaser at Closing instru. ments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or fi.ling said instruments. As an alternative Seller may deposit suffi- cient monies with the title insurance company employed b Pur. chaser acceptable to and re"uir-,~ ~-.. '- - . Y out on y I the t~t e insurance company w ti insure Purchaser's title clear of the matters or insure against their enforcement out of the Premises and will insure Purchaser's Institutional Lender clear of such matters. Upon notice (by telephone or otbetwise), given not less than 3 b.u. sine~s days before Closing, Purchaser shall provide separate cemfied or official bank checks as requested to assist in clearing up these matters. 21. Title Examination; ,Seller's Innblllty to Convey; .Limitations of Liability. (a) Purchaser shall order an examination of title in respect of the Premises from a title company licensed or autho. rized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this contract'is subject to the mona. ga contingency set forth in paragraph 8, after a monga commitment has been accepted by Pureh--- ~-- - ge ., ,,orr. rurenaser shall cause a copy of the title report and of any additions thereto to be delivered to the attorney(s) for Seller promptly after receipt thereof. (b)(i) If at the date of ClOelng Seller s unable to transfer tit e to Purchaser in accordance w th this contrac, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (herein col- lectively called "Defects"), other than those subject to which Pur- chaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title without abatement of the purchase price, then, except as hereinafter set forth, Seller shall have the right, at Seller's sole election, either to take such action as Seller may deem advisable to remov discbar e or eom ' e, reined , /i:~ :~ ~'_8,, ply w~th su. ch Defects or to cancel this coat Y. ?.?_~t ~e~r erects to take aetton to remove, remedy or comnlv ~t~; -.,.~u lrom time to time, Upon Notice to Purchaser, to adjourn the date for Closin here a period or oeriods no, .... ,a: ..... g under for extending ~e-~ond th2 ,-~.,,~,._,~mg Gu oa, y.s m the aggregate (but not .... : .... ~.; ,.~ ustc .upon which Purchaser's morton°, .......... ,,,~nt, tt any, snail exptre), and the date for Closing sba~'~ adjourned to a date specified by Seller not beyond such period. If for any reason whatsoever, Seller shall not have succeeded in re. moving remedy ng or complying with such Defects at the expira- tion of such adjournment(s), and if Purchaser shall sail be unwil- ling to waive the same and to close title w thom abatement of the pure. base price, then either party may cancel this c Not,ce to the other given within l0 da,,s ~' ..... ontract by ~ --~, SUCh sojourned dele; (iii) notwithstanding the foregoing, the existing mortgage (unless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released, discharged or otherwise cured by Seller at or prior to Closing. (c) ff this contract is cancelled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder or otber- wise, except that: (i) Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and, unless cancelled as a result of Purchaser's default or pursuant to para- graph 8, to reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges re ated thereto, and the net cost, if actually paid or ncurred by Purchaser, for updating the existing survey of he Premises or of a new survey, and (ii) the obligations under paragraph 27 shall survive the ter- mination of this contract. 22. Affidavit as to Judgments, Bankruptcies, etc. If a title exami- nation discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of Seller. Seller shall deliver an affidavit at Closing showing that they are not against Seller. 23. Defaults and Remedle~. (a) If Purchaser defaults hereunder, liars sole remedy shall be to recc:.- --~ . meat as liouidated d,,.,.-- u L.'._'~_'" mm ratam the Downpay. (b) If Seller defaults hereunder, Purld~lpr shall have such remedies as Purchaser shall be entitled to at~or in equity, includ- ing, but not limited to, specific performance.- 24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are here- by made liens on the Premises, hut such liens shall not continue after default by Purchaser under this contract. 25. Notices. Any notice or other communication ("Notice") shall be in writing and eitber (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by registered or certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party and the Escrowce, to whom the Notice is to be given, or to such other address as such party or Escrowee shall hereafter desig- nate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that any notice to Escrowec shall be deemed given only upon receipt by Escrowec and each Notice delivered in person or by overnight courier shall be deemed given when delivered. 26. No Aseilnment, This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s) made without such consent shall be void. 27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker in connection with this sate suant to a separate agreement between Seller and Broker. Seller and Purchaser shall indemnify and defend each other against any costs, claims and expansl~lgelodin~ reasonable attornsy~' fees, arisin~ out of the breach on~[llr respective parts of any representation or agreement contained-in this paragraph. The provisions of this para- graph shall survive Closing or, if Closing does not occur, the termina- tion of this contract. 28. Mlscellaneons.(a) All prior understandinp, agreements, repre- sentations and warranties, oral or written, between Seller and Pur- chaser are merged in this contract; it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set forth in this contract. (b) Neither t his contract nor any provision thereof may be waived, changed or cancelled except in writing. This contract shall also apply to and bind the heirs, distributces, legal representatives, successors and permitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term berein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until duly exe- cuted and delivered by Seller and Purchaser. (f) Sellerand Purchasetshallcomplywith IRCreportingrequire- ments, if applicable. This subparagraph shall survive Closing. (g) Each party shall, at any time and from time tO time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably reqoested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity. 29. This Contract is subject to and conditioned upon the Seller, at closing, deliverinS to the Purchaser an executed negative covenant by Edvin Mooney, owner o£ the strip of property be:ween the subject parcel and the LIRR propert~ to the e£fect that said-Edvln Mooney relinquishes all right, title and interesi an i hr=of- a ni ~ ~vor of h s top rt r the main road and IN WITNESS WHEREOF, this contract nas oeen amy executeo oy tar parties hereto, TI~ICIA A. MOONEY LIVING TRUST .......... PATRICIA A. "HOOKEY ~/ seter Seller RACHEL VOEGELIN Purchaser Attorney for Seller: HICHAEL K. BELFORD Addrees: 26 Saxon Avenue P.O. Box 5529 Bay Shore, NY 11706 Tel.: (516) 665-4600Fax:(516) 665-6297 Attorney for Purchaser: SHEPARD M. SCHEINBERG Address: One Union Square Aquebo&ue, ~ 11931 Tel.: (516)722-5100 Fax: (516) 722-5093 Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. TITLE No. TO Section Block Lot County or Town Street Number Address PREMISES June 25, 1993 Southold Torn Plannin~ Board Torn Hall Southold, Ney York 11971 Re: Nooney Trusts Lot Line Chan~e Gentlemen: The follovin~ statements are offered for your consideration in the reviev of the above-mentioned minor subdivision and its referral to the Suffolk County Plannin~ Co-~ission. (1) No grading, other than foundation excavation for a residential buildinE is proposed~ (2) No new roads are proposed and no changes vi11 be mede in the grades of the existin~ roads~ (3) No new drainage structures or alteration of existin~ structures are proposed. Yours truly, PATRICIA A. NOONEY LIVING TRUST Patr~cza A. Mooney C/ Trustee EDWIN NOONEY LIVING TRUST MICHAEL K. BELFOKD ATTORNEY AT LAW 26 SAXON AVENUE PO. BOX 5529 BAY SHORE, NEW YORk II706 PLEASE REPLY TO: P.O BOX 5529 BaY SHORE, NY 11706 July 30, 1993 Richard G. Ward, Chairman Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Proposed Lot-Line Change for Edwin Mooney Living Trust & Particia Mooney Living Trust SCTM# 1000-55-33.1 & 33.2 Dear Mr. Ward: I am in receipt of SOUTHOLO TO¥~N your letter dated July 20, 1993 (a copy enclosed) wherein you indicate that the Planning Board requires a certain covenant and restriction be placed on the map before any possible final approval can be granted. This letter is submitted with the hope that your board will re-o~nsider the nature of the proposed covenant and restriction requiring that access to both the 14 Acre and the 2.321 Acre parcels come from the Tuthill Road Extension. Apparently, these parcels for many years were owned by the Blados family of Southold and at some point the family or the estate of the last survivor subdivided the residence from the rest of the unimproved acreage. Patricia Mooney on September 7, 1983 purchased the 2.321 Acre residence from the then owners, Howard and Cynthia Dillingham. Edwin Mooney on March 8, 1984 purchased the remaining acreage of the property from the Estate of Joseph Blados. These were separate transactions on, presumably, legally subdivided properties, otherwise the separate and distinct tax map designations would not have been assigned. In light of this background, it seems unduly harsh to encumber the 14 Acre parcel owner or his assigns with the burden and not insignificant cost of providing access from Tuthill Road Extension to what is an already well accessed residence on a separate parcel and beyond a remote corner of said 14 Acre parcel. Further, this covenant requirement greatly complicates what should be a rather simple cul-dul-sac configuation of the possible future development of the 14 Acres. The present Lot-Line Change application grew out of Patricia MICHAEL K. BELFORD Page 2 Richard G. Ward July 30, 1993 Mooney's Contract of Sale to sell the residence, and, at the suggestion of myself, Edwin Mooney was induced to sell to the same purchasers, for a nominal amount, the subject 50 foot strip which could be more suitably used by the owners of the residence, since it was of such limited utility to his 14 Acres, and only exposed him to unforeseen and unneeded potential liability. It was never anticipated that the Town of Southold might require a change in the present access to the residence should the 14 Acre parcel ever be developed. I have discussed this matter with the attorney representing the purchasers and I am advised that the purchasers also are not in favor of a change of access to the residence situate on the 2.321 Acre parcel. It is respectfully requested that the board re-consider its' requirements herein, and allow the Lot-Line Change application to be approved requiring only that the 14 Acre parcel henceforth be accessed from the Tuthill Road Extension. Should the board continue to require that approval will be conditioned upon the terms of your letter dated July 20, 1993, I have been instructed by my clients, Patricia & Edwin Mooney, to withdraw the application. Please be know that I and my clients are available to discuss this with you, the board and your staff at your convenience. Thanking you for your kind attention hereto, I remain MKB/jm ~ PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 July 20, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'I~' L. HARRIS Supervisor Town Hall, 53095 Main Road P,O, Box 1179 Southold, New York 11971 Fax {516) 765-1823 Michael K. Belford, 26 Saxon Ave. P.O. Box 5529 Bay Shore, NY 11706 Esq. RE: Proposed Lot-Line for Edwin Mooney Living Trust & Patricia Mooney Living Trust SCTM# 1000-55-5-33.1 & 33.2 Dear Mr. Belford: The Planning Board has reviewed the above referenced proposal and will require the following covenant and restriction (C&R) be placed on the map before any possible final approval can be granted: When the 14.273 acre parcel (SCTM# 1000-55-6-33.1) is developed in the future, access for this parcel and the 2.321 acre parcel (SCTM# 1000-55-6-33.2) will be from the Tuthill Road Extension. The right of way to the Main Road will be abandoned. The C&R should be sent to this office for review by the Town's attorney before placing it on the map. If you have any questions, or require further information, please contact this office. Chairman "~-',:-~.'~-,F¢'-~o-,,~,,.- ¢ TOWN OF SOUTHOLD PROPERTY RECORD CARD ~R~ER OW~ ] ~ N E ACR. ~ b0 s w ~Y.~ o~ ~ND IMP. TOTAL DATE R~RKS ( illable /~.~ ~ 50 ~O FRONTAGE ON WATER go'land FRONTAGE ON ROAD ~eadowland DEPTH louse Plot BULKH~D ~tol TOWN OWNER OF SOUTHOLD PROPERTY RECORD CARD RESt/,0 SEAS. VL L~I~ O VILLAGE W ~ FARM COMM. CB. MICS. Mk STREET N LAN D IMP. TOTAL DATE DIST.I SUB. LOT ' ACR. TYPE OF BUILDING Value REMARKS -LII AGE NEW NORMAL FARM Tillable Ac re BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH Hous.?~I t~j~ / / 2.0C~ BULKHEAD Total DOCK COLOR TRIM M. Bldg. Extension Extension Extension Porch Foundation : Both Porch / 7 ~"'- ~---~-~ Basement Ext. Walls Fire PI_ace Type Roof jRecreation Room Breezeway G~rage _ Patio Total Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette I LR. DR. BR. PLANNING BOARD MEMBERS Bennett Orlowski, .Ir.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 July 20, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Michael K. Belford, Esq. 26 Saxon Ave. P.O. Box 5529 Bay Shore, NY 11706 RE: Proposed Lot-Line for Edwin Mooney Living Trust & Patricia Mooney Living Trust SCTM~ 1000-55-5-33.1 & 33.2 Dear Mr. Belford: The Planning Board has reviewed the above referenced proposal and will require the following covenant and restriction (C&R) placed on the map before any possible final approval can be granted: be When the 14.273 acre parcel (SCTM# 1000-55-6-33.1) is developed in the future, access for this parcel and the 2.321 acre parcel (SCTM# 1000-55-6-33.2) will he from the Tuthill Road Extension. The right of way to the Main Road will be abandoned. The C&R should be sent to this office for review by the Town's attorney before placing it on the map. If you have any questions, or require further information, please contact this office. ~ ~. Ward Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOI-r L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 13, 1993 Michael K. Belford, Esq. 26 Saxon Ave. P.O. Box 5529 Bay Shore, NY 11706 Re: Proposed lot line change for Edwin Mooney Living Trust & Patricia Mooney Living Trust SCTM# 1000-55-6-33.1 & 33.2 Dear Mr. Belford: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday July 12, 1993: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and a~ lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, Richard G. Ward Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5t6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 12, 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for Edwin & Patricia Moone¥ - Living Trust SCTM#: 1000-55-6-33.1 & 33.2 Location: Private road north of Main Road, west of Laurel Ave. SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Description of Action: Yes ( ) No ( X ) This lot line change is to subtract 13,977 square feet from a 14.594 acre parcel and add it to a 2 acre parcel. Page 2 Edwin & Patricia Mooney Negative Declaration July 12, 1993 Reasons Supporting This Determination This project involves a lot line change that will result in two lots both of which meet current zoning; thus the change will not be a more intensive use of the land. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specifications, subsurface soil conditions, and site details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required obtainment of the relevant permits. An Environmental Assessment has been submitted and reviewed. was determined that no significant effects to the environment were likely to occur should the project be implemented as planned. It For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 CC: Thomas Jorling, DEC Albany Suffolk County Dept. of Health Services Judith Terry, Town Clerk Building Dept. Applicant PATRICIA A. MOONEY LIVING TRUST EDWIN MOONEY LIVING TRUST 39 Sunset Road Bay Shore, NY 11706 June 25, 1993 Town of Southold Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: Lot Line Change between Tax Map Numbers 1000-055-6-33.1 & 33.2 Dear Sir/Madam: The undersigned are each Trustees to the above Tax Map Lots, Pat Mooney representing Section 55 Block 6 Lot 33.2 and Ed Mooney representing Section 55 Block 6 Lot 33.1. The Patricia A. Mooney Living Trust is in contract to sell the aforesaid Tax Map Lot 33.2 and in the furtherance of that transaction, it was bargained that the 50' x 277' strip of land between the railroad tracks and the Patricia A. Mooney Living Trust property be also purchased by the purchasers from the Edwin Mooney Living Trust. Accordingly, the undersigned wish to obtain Planning Board approval of a lot line change extending the western property line of Tax Map Lot 33.2 to the south and the property of the railroad. The Edwin Mooney Living Trust is therefore in contract to sell to the same purchaser said 50' x 277' strip of land. A copy of both Contracts are attached for your perusal. The reason for this change is because of the greatly reduced use this strip of land afforded its owner, in light of the fact that the adjoining residence was no longer going to be a related party. Patricia A. Mooney ~mstee ¢ Edwin JUN 2 5 1993 P[Af'JN~MG BOA~O (5161 665-4400 (516} 665-6297 (FAX) MICHAEL K. BELFOKD ATTORNEY AT LAW 26 SAXON AVENUE P.O BOX 5529 PLEASE REPLY TO: PO BOX 5529 BAY ShOREiNYllT06 May 3, 1993 Southold Planning Board Southold, NY 11971 Att: Melissa Re: Tax Map t1000-055.00-06.00-033.002/001 Dear Melissa: T~ankyou for your help regarding my inquiries related to the above tax map parcels. It is requested that you acknowledge for me in written form that your review of the Filed Map and Road Dedication reflects no prohibition to access to the 14 acre site known as Tax Map Number 1000-055.00-06.00-033.001 from Tuthill Road. As I have indicated to you, my clients Ed and Pat Mooney own the parcels separately. (Ed has the 14 acres and Pat is now selling the house (Tax Map Lot.002), and we are being asked by the pros- pective purchaser to negatively covenant deeded rights to a certain 50' right of way from Main Road. Therefore, your assessment of valid access to the 14 acres from Tuthill Road would be a great comfort. Thank you for your anticipated cooperation. /JJ cc: Mr. & Mrs. E. Mooney Very truly yours, MICBAEL K. ~ELFO]~) / $0UTHOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 June 25, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Michael K. Belford 26 Saxon Avenue P.O. Box 5529 Bay Shore, New York 11706 RE: Ed and Pat Mooney SCTM# 1000-55-6-33.2 and 33.1 Dear Mr. Belford: In response to your letter of May 3, 1993, I have enclosed the following information: A copy of the Town Board's December 10, 1991 resolution accepting the dedication offer for the roads in the subdivision entitled Highpoint Meadows, Section One, Two and Three. e A copy of the map of Highpoint Meadows Section Three which shows that Tuthill Road Extension was designed to provide access to the property shown as now or formerly Edwin Mooney. Please contact this office if you require any additional information regarding the above. Sincerely, Melissa Spi~o Planner Encl. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER _i (; Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 10. 1991: WHEREAS, Herbert R. Mandel and Richard Israel, d/b/a/ DBM Co. has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, to be known as LISA DRIVE, ORIOLE DRIVE, TUTHILL ROAD EXTENSION and MOCKINGBIRD LAND and "DRAINAGE AREA", shown on subdivision map entitled "Highpoint Meadows, Section One, Two and Three, Section One filed on March 19, 1990 as Map No. 8910, Section Two filed on March 19, 1990 as Map No. 8911, and Section Three filed on March 1,9, 1990 as Map No. 8912, together with release executed by the owners thereof; and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of ',Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State New York, consent be and the same is given to the Superintendent of Highways make an order la'ying out s~id application as shown further RESOLVED that the Town cause the dedication, release and deed to be the County of Suffolk, New York. the aforesaid highways, to consist of lands described on certain maps attached to said application; and be of in it Clerk be and she hereby is authorized and directed' to recorded in the office of the Clerk of Judah T. Terry~/ Southold Town Clerk December 11, 1991 i]EC I 3 SOUTHOLD TOWN PLANNING BOARD AFFORDABLE HOUSING DISTRICT 3. TOTALNO. OFLOTS = I~ ,, OrS .~rff~'m to ;oh. This ~,3/devel- ri1 al3 on Clerk in ~Suflolk MAP OF H IGHPOINT MEADOWS SECTION THREE AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK FEB. 5, 1990 OCT 19 ,1989 SEPT. 28, 1989 DATE JUNE 30~1989 50 0 50 SCALE I"= I00' NO. 88 -1292 COUNTY ioo 400%0.~Y~.~'%J~N/)~,V~JE-~ RIVERHEAD, N.Y. THOMAS C. WOLPERT~ N.Y.S. P.E. LIC.NO. 614t~ r'~~ ~:'~ 198~ ~tt YOUNG 15 YOUNG 400 OSTRANDER AVE , RIVERHEAD, N.Y. ALDEN W YOUNG, N.Y.S PE 8~LS _lC NO 12845- HOWARD W YOUNG,NyS L S. LIC N0.45895 sco.o7 FP',,V [ N MOO~EY :,70, 5C ,z,./ s ~'4~'4a"~-~a.ae ,.~o.~9~& M ,"TO' I" rSO E, PATIZlCIA A, ~-lOOf,JEy 654 ,'91 0 o © '1" CALE-lO0, F6bDl~l ;~,CT*JAL ~;Ut'~',/EY5 COI',I'PLEq-Ep JUhlE ~ ,.2..v',,--