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HomeMy WebLinkAbout1000-25.-4-11.4 & 26.-1-31 !_OT I .INE hdORTON - ®EhdhdA 51TUATE. ORIENT TOFqN.. BOUTHOL~ 5URFOLK C, OUNTY, C, HANGN FiAPF~E]? 8-10-qq AI'flENDEP IO-~l-qq ~UFFOLK GOUNTY TAX ~'~ I000 - 2D - 4 - 11.4 I000 - 26 - I - BI NY NOV 011B~ Southold Town Planning Board APPROVED BY PLAH~M..., g'gARD TO;v. ",~ AP~LIGANTS: I(.~if.h 5c. ot.~. lvlor't, on Ne~ York, N.Y. I0001 ~c:squole Anf. honL.] Gommo 40 Erosf~ 88~h Ne~ 'foci<, 8 · HONUI'4ENT O PIPE AREA NAP SCALE I ":,SOO' % r now or formeH,y off. ?aequala Ant;hon,y Gemm~ Old 51~ 21,005 5,F. or 0.~ N~ 51~ 27~1 5.F. or 0.~ ZC~E R ~3 L~nd ilOW or formmr~/ of:. K~,h Scot~?, Mort, on Old Size 70~.~75 5.B or f7.~1~ Aa. New 51z~ 759790 S.F. or 1%4424 Aa GRAPIILC ,a ALE 0 i0O 200 300 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S. LIC. NO. 50202 REF.E:'~PROS'X98-267S PLANNING BOARD MEMBEi~ ~"~,-:, BENNETT ORLOWSKI, JR. Chairman V~ILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 14, 1999 Robed S. Hughes, Esq. P.O. Box128 Greenpod, NY 11944 Re: Proposed lot line for Morton-Gemma SCTM# 1000-25-4-11.4 & 1000-26-1-31 Dear Mr. Hughes: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 13, 1999: BE IT RESOLVED, that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated October 31, 1999. Conditional final approval was granted on November 1, 1999. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman enc. cc: Tax Assessors Building Dept. PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHANI, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 2, 1999 Robert S. Hughes, Esq. P.O. Box 128 Greenport, NY 11944 Re: Proposed lot line for Morton-Gemma SCTM# 1000-25-4-11.4 & 1000-26-1-31 Dear Mr. Hughes: The following took place at a meeting of the Southold Town Planning Board on Monday, November 1, 1999: The final public hearing, which was held at 7:30 p.m. was closed. The following resolution was adopted: WHEREAS, Keith Scott Morton and Pasquale Anthony Gemma are the owners of the property known and designated as SCTM# 1000-25-4-11.4 & 1000-26-1- 31, located on the northwest corner of King St. and Old Farm Rd. and the south side of Orchard St., in Orient; and WHEREAS, this proposed lot line change is to subtract 0.15 acres from a 17.5912 acre parcel and add it to a 0.48 acre parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on October 18, 1999; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on November 1, 1999; and Page 2 Proposed lot line for Morton-Gemma November 2, 1999 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated October 31, 1999, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution: New deeds reflecting the lot line change must be filed for each parcel. Copies of the recorded deeds must be submitted to this office. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. ~ Chairman enc. THIS LOT LINE CHANGE BETWEEN IS LOCATED ON IN SCTM# 1000- AND LOT LINE CHANGE ~mplete application received Application reviewed at work session Applicant advised of necessary revisions Revised submission re~ived gead Agen~ ~rdination SEQRA determination Sent to County Planning Commission 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 FOR 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 Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the larl~ gnder applica~on, tl~ applicant shall sta~te his interest~il~ saicb ~ land under application.) (~2/~t~v, ~*, /~ ~tz ~ ~t,~/~/Z~.~cO/2/~~, (/1~'~ '~- ~ 2. The name of the sub .... . ........ /. ~l .................................... ~:' 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..l.t.q..&~ .......... Page ...6..9.5. .......... On ..t .~/.,~.~. ..... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On Liber ........................ Page ...................... On Liber ........................ Page ...................... On SEP 28 1~59 as devised under the Last W{ll and Testament of ....................................... or as distributee ...................................................... Sotlthold .Town Planning Board 5. The area of the land is {~. ~../.~.'~. ........ acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . a~P.Ot¥.~.. 7. The land is encumbered by ....~..~..~ .................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber . ~.~. ~".l.~ .... Page . ./..O..~'~. ......... in original amount of $..~.0..~ .0.0..0.. unpaid amount $..~..0.~. ~.0. ....... held ~y .~F~-r~. ~.rl~-.~. Vs, ~*~ .... ad'dress ...Ig.~ ~ ~t,v. ]~v...0.~,.o~...~ .... i..~...xt.. ~t..q. aD.. (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except ....~?.~..~..~ ............. 9. The land lies in the following zoning use districts .. g.7...~.. .......................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- eept ..&)..O...~.~ ......................................................................... 11. Tbe applicant shall at his expense install all required public improvements. 12. The land ~) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by ....... .]~../~. ............................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards xvill be installed by ..... p4../~/¥. ............................. ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains ~vill be installed by ....... .~./}ql ............................................... and (a) (no) charge will be made for installing said mains. 16. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highxvay 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 Soutbold Highway system, annex Schedule "C" hereto to showy same. 18. Tbere are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat sbo~vs proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the 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". DATE 22. The applicant estimates tbat the cost of grading and required public improvements will he $ .......... as itemized in Schedule "E" hereto anuexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be xvritten by a licensed surety company unless otherwise shown on Schedule "F". ........ ............... (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF.',...'~.[J.~..~ ~ ............. ss: On the .... .O~..'~}. .... day of..~}T~3~It~. ......... 19..~.~., before me personally came . .'"~. ~l~1~.~....~,. · .~h~.*.~ .......... to me known to be the individual described in and who execnted the foregoing instrument, and acknowledged that ...¥~t.. ..... executed the same. NOTARY P~B~LI~C~, State of New York Corem ss on Expires Nove~,ber 30, 19~3. 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 .......... the corporation described in and which executed the foregoing instrument; tha~t ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. TI~,, purpose of this form is to provide information which ca,, alert the town of possible collflicts of interest and it to take whatever action is ~lecessar¥ to avgid same. other entity, s~ch as a company. If so, indicate the other pergon'~ or company's name.) NATURE OF APPLICATION~ (Check all that apply.) Change of zone Approval of plat ~ Exemption from plat or o~ficial map Name of person employed by the Town o~ Southold Title or position of that person Describe the relationship betweez! yourself (the applicant) DESCRIPTION OF EELATIONSIIIP 14-16-4 (2/87~--Text 12 PROJECTI.D. NUMBER 617.21 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) SEQR 1. APPLICANT I~I~ONSOR 2. PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street addr~s and road inters~tions, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modificatio.lalteration AMOUNT OF LAND AFFECTED: Initially acres Ultimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~'Yes [] NO If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~esldentlal [] Industrial [] Commercial ~'Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes (~o If yes, list agency(s) and germitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~'No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY~KNOWLEDGE ~°~ '' -' the~ctlon' - ~oastal ' ~ co~lete Coastal Assessment Form before proceeding with this assessment OVER 1 =,~RT II--ENVIRONMENTAL ASSES~INT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE t THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use tl~e FULL EAF. [] Yes .~No B. WILL ACTION RECEIVE COORDINATED REVIE~N AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a ~ative declaration may be superseded by another involved agency. [] Yes [~No C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste productiofl or disposal, potential for erosion, drainage or flooding problems? Explain briefly: 02. Aesthetic, a, grlcultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood charaGter? Explain briefly: C3. Vegetation or fauna, fish, shellfish or witdlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change In use or intensity of use of land or other natural resources? Explatn briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. /Ye ~. Long term. ~hort term. cumulatiYe, or other ~ff~¢ts not identified in ~1-C67 ~plain briefly. #o IS THERE, OR I T RE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes If Yes, explain briefly PART IIImDETERMINATION OF SIGNIF_ICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (fi 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 dccCU~ Then proceed directly to the FULL EAF and/or prepare a positive declaration. heck this box if you have determined, based on the information and analysis above and any supporting ocumentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2 )ARD Southold. N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COblPLETED AND SUBMITTED WITH YOUR APPLICATIONS FOEqMS TOTHE PLANNING BOAR~; 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 grasses on this parcel? Yes (Attached is a list-of 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? 4. Are. there any other applications pending concerning this property before any other department or agency?(Town. ~ State, County, 5. Is there any application pending before any other agency with reqard to a different project on this parce, l? ' 6. Was this property the subject of any prior application to the Planning Board? ' 7. Does this property have a valid certif~c~td of occupancy, if yes please submit a copy of same Yes etc. ) ~ .. Yes Yes" No No I ce~tify that.the/above statements are true and wil'l"~' relied ony~ 77~_o.~ in considering this app~icati/n./ : ' Si~n~u~' O~ prope~,~ OWner o~ au=horlzed agent 'L/, 3~ / 2 Attachment to questionnaire for~/the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLk, ss: ~' On the ~day of ~, 19~__~, before me personally came_~ to me known to be the individual described in'and who executed the foregoing in'strum¢ and acknowledged that ~. executed the same. · KATHY M. KLINGE NOTARY PUBLIC, State of New Yo~k -. No. 52-4657592, SuF,~G; County ~C:I;R Commission Expires November 30,19.../.v ~ (516) Robert S. Hughes Attorney at Law P~O.Box 128 Greenport, NY 11944 477-2700 · Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Morton-Gemma lot Line SCTM~s 1000-25-4-11.4 and 1000-26-1-31 The following statements are offered for your consideration in the review of the aboveumentioned minor subdivision and its referral 4~o the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads'~re proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Attorney in Fact for Keith Scott Morton and' agent for Pasquale and PeneloDe Gemma AFFIDAVIT State of.A/./~.7.e~"'/] .... ) County of~%~.~)W;~ ..... ) ss: Pasquale Anthony Gemma and Penelope Buschman Geisha, being duly sworn deposes and says that: a) They are the owners of a parcel of land located at King Street, Orient, New York, which is identified on the Suffolk County Tax Map as #1000-26-1-31; b) Keith Scott Morton is the owner a parcel of the land to the north and east of the Gemma parcel, which is identified on the Suffolk County Tax Map as #1000-25-4- 11.4; c) Mr. Gemma and Mr. Morton have entered into a contract of sale whereby Mr. Morton agreed to sell to Mr. Gemma a parcel of land, consisting of Six Thousand Four Hundred and Eighty Three {6,483) square feet, which is contiguous with the Gemma parcel on the north and east; d) It is the Gemmas' intention that this parcel of land will be merged with the Gemmas' existing property located at SCTM# 1000-26-1-31 thus effecting a lot line change; e) The purpose of this lot line change will be to place the Gemmas' house in a more central location on the Gemma property; f) The parcels will be merged upon receipt of approval from the Southold Town Planning Board; 40 East 88th. Street 40 East 88~Yv';[r~e~_~/ New York, New York New York, New York Subscribed and sworn to before me this Notary Publi~ day suSAN KOWALSKI I,,IOTARY pUbLIC, State af New yo~. ~mlssion Expir~ N~. ~ 19~ Southold Town planning Board Town Hall P.O. Box 1179 Southold, New York 11971 Dear Sks, Pasquale Anthony G-emma and Penelope Buschman Gemma are the owners of SCTM # 1000-26-1-31 and Keith Scott Morton is the owner of SCTM# 1000-25-4-11.4. They wish to transfer an "L" shaped parcel of land t~om Mr. Morton to the Gemmas. The transfer would be in the form ora lot line change. The reason for the ch~t~g.~ is to provide the Gemmas with a more appropriately sized lot /'"~'--~d a more central locatkLfl~or th~ existing dwelling. .~ ~_. ~kSQU~.L~ A~r~EMMA PENELOI~E BUSCHMAN G 40 East 88th. Street 40 East 88th. Street New York, New York New York, New York Subscribed and sworn to before me this ,~-~{~ of ,194 Notazy Public sUSAN KOWALSKI day I~.~TAI~Y pUBLiC, State of New yo~ ~o. 4734102 Qualified in Suffolk Coun~ q Commission Expirel Nov. 30. 19 7 KE1TIt SCOTI' MORTON 25 East 86th. Street New York, New York Subscribed and sworn to before me this 28 th day of September ,199 9 . No, 52J,~'75~ Suffolk Co,nimbi Exdfu gomjd~. 30. lg_.~r ~ ~ at Orient, To~n of Soachold, Suffolt Ceunty, #e~ lork~ conttguoa~ Ten Dollirs and 00/100 ($10.00) and other ]ood and vilneble ecknmeledqe~, Slink hereby gte·ti to VanRoltrl~ 10770 ~421 10770 ,422 lying aaa being at Orient, ?ovn of Southotd, Suffolk County, Bev and (2) Soatn 33 degrees O? minutes 20 seconds Meat 234.S8 feet ~y deed dated &pr.~ 2~, [g?? enJ recorded Iff the Suffolk County Clerk*s Office in Liber 8230 at F,ge 339 on May St 1977. Fla~m 8002* - Bmgain and Sale Deed, wilh Cowaants agaiml Orzat~s Acts - Individual ~ Ct~p~i~. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNI31G THIS EqSTRUMENT - Tills I~STRUMENT SHOULD BE USED BY LAWYERS ONLY. TltIS INI)ENTURE, made the BETWEEN , day of , nineteen hundred and KE1TH SCOTT MORTON, residing at 25 East 86th. Street, New York, New York 10028 party of the first part, and KEITH SCOTT MORTON, residing at 25 East 86th. Street, New York, New York 10028 party of the second part, ~ WlTNESSETH, that the party of the first part, in consideration ofTen D/al~x~and other valuable consideration paid by the party of the second part, does hereby gr~d release unto the party of the second part, the heirs or successors and assigns of the secon~ forever, P, l,I, that certain plot, piece or parcel of land, with the buildings and i~nnents thereon erected, situate, lying and being at Orient, Towa of Southold, County of Suffolk and State of New York being more particulae;ly bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King street and the easterly line of Old Farm Road and fxom said point ofbe~nning rnnning along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; KUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: (1) North 05 degrees 42 minutes 30 seconds West, 135.60 feet; (2) North 57 degrees 56 minutes 55 seconds West, 36.68 feet; (3) Noxth 81 degrees 02 minutes West 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following there courses and distances: (1) South 02 degrees 19 minutes 20 sweconds East, 11.60 feet; (2) South 89 degrees 42 minutes 20 seconds East, 105.11 feet; (3) North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerlyline of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 50.00 feet to lands now or formerly of Bogden; RUNNING THENCE along said lands now or formerly of Bogden, South 02 degrees 19 minutes 20 seconds East, 200 feet; RUNNING THENCE along said lands now or formerly of Bogden and then along lands now or formerly of Boemm, North 87 degrees 40 minutes 40 seconds East, 300.00 feet; RUNNING THENCE along lands now or formerly of Boemm, North 86 degrees 55 minutes 10 seconds East, 126.91 feet to lands now or formerly of Nigro; RUNNING THENCE along said lands now or formerly of Nigro, North 76 degrees 50 minutes 40 seconds East, 69.00 feet to lands now or formerly of Lenzner; RUNNING THENCE along said lands now or formerly of Lender the following l~ourses and distances: (1) South 11 degrees 56 minutes 10 seconds West, 86.73 feet; {2) Sou~65.~egrees 42 minutes 20 seconds East, 143.64 feet to lands designated as Park on a certain ~ed "Bayview Farm at Orient" filed in the Suffolk County Clerk's Office as Map 1~45; RUNNING THENCE along said lands designated as Park on a certain ma_ _pf~.d 'Baym¢ Farm at Orient" filed in the Suffolk County Clerk's Office as Map No. 70~,ohth 13 degrees 34 minutes 30 seconds West, 657.22 feet to the easterly line of Old Farm Roail;~: RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West, 325.00 feet to the point of BEGINNING. TOGETHER with aH the right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the patay of the first pm and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second pm forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WltEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: KEITH SCOTT MORTON TFllS INDENTURE, made the BETWEEN , day of , nineteen hundred and PASQUALE ANTHONY GEMMA AND PENELOPE BUSCHMAN GEMMA his wife, residing at 40 East 88th. Street, New York, New York 10028 party of the first part, and PASQUALE ANTHONY GEMMA AND PENELOPE BUSCItMAN GEMMA his wife, residing at 40 East 88th. Street, New York, New York 10028 party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the second part forever, ALL that cextain plot, piece or pared of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particulae;ly bounded and described as follows: BEGINNING at a monument on the Northerly side of King Street where the same is intersected by the easterly side of land now or formerly of Troy Gustavson and Joan W. G-ustavson~wife; said mo ,,ment at the point of Be?i.g also being distant 669 feet more or less formed by the intersection of the northerly side of King Street with the easterly sid~,.,~Bay Avenue, when measured along the northerly side of King Street; ~,~ RUNNING THENCE North 09 degrees 36 minutes 30 seconds West along ~d ri. ow or formerly of Troy Gustavsun and Joan W. Gustavson, his wife, 109.95 feet,S'iron p~pe and land now or formerly of the Floyd F. King Jr. Revocable Trust; THENCE along said last mentioned land the following two (2) courses and distances (1) North 08 degrees 49 minutes 00 seconds West, 32.76; (2) North 07 degrees 33 minutes 30 seconds West, 15.00 feet to a point and land now or formerly of Keith Scott Morton; THENCE along said land now or formerly of Keith Scott Morton the following three (3) courses and distances; 1) South 81 degrees 02 minutes00 seconds East 162.67 feet to a point; 2) South 57 degrees 56 minutes 55 seconds East 36.66 feet to a point; 3) South 05 degrees 42 minutes 30 secobnd East 135.60 feet to the point on the northerly side of King Street; THENCE along the northerly side of King Street the following two (2) courses and distances: (1) North 80 degrees 52 minutes 40 seconds West 30.00 feet to a monument; (2) North 82 degrees 39 minutes 50 seconds West along the northerly side of King Street 151.54 feet to the mom,ment at the point or place of BEGINNING. SUBJECT TO an easement for access to a water well located at the easterly potion of the northerly portion of said premises for the purpose of maintenance, repair and use for irrigation by placement of a pump and hose, pipe, or other such conduit for dispersal of water which may nm along a course across said premises due north or due east or along said premises at any angle between due no~lh or due east TOGETHER with all the right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part and to said premiges; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered an3ahing whereby the said premises have been encnmbered in any way whatever, except as aforesaid. AND the Pan3' of the first part in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS VOtEREOF, the party of the first part has duly executed this decal,day and year first above written. ~_~ IN PRESENCE OF: ~2 PASQUALE ANTHONY GEMMA PENELOPE BUSCHMAN GEMMA Fom~ 8002* - Bargain ~d Sale Deed, with Coveaaats a~aim~ Graa~s Ac~ - Iudivi&ud g Ccq~ic~ (s~gie 8a~) THIS INDENTURE, made the BETW'EEN , day of , nineteen hundred and KEITH SCOTT MORTON, residing at 25 East 86th. Street, New York, New York 10028 party of the first part, and PASQUALE ANTHONY GEMMA AND PENELOPE BUSCHMAN GEMMA his wife, residing at 40 East 88th. Street, New York, New York 10028 party of the second part, WlTNESSETH, that the party of the first part, in consideration ~en Dollars and other valuable consideration paid by the party of the second part, does hereb~gr~nd release unto the party of the second part, the heirs or successors and assigns of the ~a~forever, ALL that certain plot, piece or parcel of land, with th~d~'[ and improvements thereon erected, situate, lying and being at Orient, Town ~Sl~ilql~ld, County of Suffolk and State of New York being more particulae;ly bounded and describ&t~ follows: BEGINNING at a point on the Northerly side of King Street at the Southeast comer ofthe premi.qes about to be described herein; said point being also distant 316.57 feet westerly as measured along the northerly side of King Street from the comer formed by the intersection of the noCtheasterly side of Old Farm Road with the noCtherly side of King Street; RUNNING THENCE from said point or place of Be~nning, along the northerly side of King Street, Noffit 80 degrees 52 minutes 40 seconds West 30.00 feet; RUNNING THENCE North 05 degrees 42 minutes 30 seconds West 135.52 feet; RUNNING THENCE North 81 degrees 02 minutes 00 seconds West 162.17 feet to land now or formerly of Floyd F. King Jr. Revocable Trust; RUNNING THENCE along said land, North 07 degrees 33 minutes 30 seconds West 15.00 feet; RUNNING THENCE South 81 degrees 02 minutes00 seconds east 162.67 feet; RUNNING THENCE South 57 degrees 56 minutes 55 seconds East 36.66 feet and; RUNNING THENCE South 05 degrees 42 minutes 30 seenbnd East 135.60 feet to the point or place of BEGINNING; SUBJECT TO an easement for access to a water well located at the easterly potion of the northerly portion of said premises for the purpose of~nalntenance, repair and use for irrigation by placement of a p,m? and hose, pipe, or other such conduit for dispersal of water which may nm along a course across said premises due north or due east or along said premises at any angle between due north or due east TOGETHER with all the right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first paxt covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any paxt of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense ofthla indenture so requires. IN WITNESS Wl~REOF, the party of th has duly executed this deed the day an year first above written. IN PRESENCE OF: KEITH SCOTT MORTON Jointly prepared by the Real Property Section of the N~w York ~tate Bar Associcaion, the New York ~tate Land 2~tle .4asociation, the Committee on P~al Property Law of the Association of the Bar of the City of New York and the Committee on Raal Properly Law of the New York County Lawyers'Association. W~G: NO REPRESENTATION I~ MADE TIIAT ~ FORM OF CONTRACT FOR ~ SALE AND PURCHASE OF REAL ESTA'I~ COMPLIES ~l'li SECTION 5-702 OF 'lliE G~ OBLIGATION/.,AW ("PLA~ LAIRGUAGE"). CONSULT YOUR LAWYER BEFORg SIGNING THIS AGREEM-F2qT. NOTE: FlRE AND CASUALTY LOSSES AND CONDEMNATION. this contract, Secticm 5-1311 ctthe ~exal Obllgaticm Law will apply. One part ct that law makes a Pur&a.~ respcasible for fire md c~suaRy lc~ upon takingpcmemica ~fthe Ptm~i~es b~ore title cloaing, Residential Contract of Sale BETWEEN KEITH SCOTr MORTON Address: 25 EAST 86TH STREET NEW YORK, NEW YORK 10028 Social Security Number/Fed. I.D.No(s): Address: PASQUALE A~ GEMMA 40 EAST 88TH STREET NEW YORK, NEW YORK 10028 hereinafter called "Seller" and Social Security Number/Fed. I.D. No(s): 1. Prersds~s. S~ller shall s~ll and convey md purchaser shall purchase the property, together with all buildings md improvemmts ther~n (coll~-'tivdy the "Premiss"), moro fully described on a s~paxato page marked "Schedule A", annexed her~o and ma~ a part hereof md Strut Address: hereinafter called "Purchaser". Tax Map I~alg~atlon: PART OF 1000-25-4-11.4 Tog~her vdth Sdleffs ovalerdfip and rights, if any, to land lying in ~e b~d of my ~oot or highway, opm or proposed, adjoining ~.e Pr~misos to the center line thereof, including any fight of Seller to any unpaid award by reason of any taking by condemnation md/or for my damage to the Premises by r~lson oF change of grade of any streot or highway. Seller shall deliver at no additionnl cost to Purchasor, at Closing (os hordnafler defined), or fiierea~er, on demand, my documonts that Purchaser nmy reasonably requ~ for the conveyance of such title and the assignment and collection of such award or damages. 2. Personal Property ............................ 3. Purchase Price~ The purchase price is $ 10,252.00 payable as follows: (a) m~ the *~in$ of the contract, by Purchaser's che~k payal~e to the Escrowee (rs horelnat~r do~ed), sul~act to collection, the receipt of wlfich is hereby acknowledged, to be held in eacmw pursuant to paragraph 6 of this contract (the 'Downpa~ne~t"): $ 2,500.00 (b) by a~owsuce for the l~c~pal amount unpaid un the existing mortgage on the date ho~, Faymont of which Pu~haser shall assume by joindor in the deed: $ 00.00 Seller: (c) by purchase money note and moflgage Dom Purchaser to $ 00.00 (d) balance at clo~ng in accordance with paragraph 7: $ 7,752.00 4. Exbthlg Mol~iqe. (Delete if inapplicable) if ~ ~ '~ o~t t~ ~ Purchase Money Mor tgage~ (Delete if inapplicable) If there is to be ~. Downpayment in Escrow. (a) Seller's attorney ("Escrowee") shall hold the Downpaymeat for Seller's account ia escrow ia a segregated bsuk account at NORTH FORK BANK, MAIN STREET, GREENPORT ~1 Closing or sooner tem~nadon of thi~ contract ~d ~ pay over or apply ~e Do~pa~t ~ ~o~ ~ ~e ~ of~ p~a~h. ~ ~ n~ hold ~e Do~pa~t ~ ~ ~-~g ~co~t fo~ ~e ~ ~e ~ ~ ~m~ ~ h~d for ~e ~t of ~e p~es, it ~ ~ p~d ~ ~ ~g ~e ~m~ ~ pay ~y ~ ~en ~. ~ is not h~d f~ ~ ~efit of~e ~ ~ ~ ~ Escrow~ m Seller. · for my ~ Clang ~en n~ occ~ ~d ~er pa~ ~ves notice (~ pa~t ~e Do~pa~ ~rew~ o~ p~ of ~ch ~& o~e~ ~om ~ch of ~g ~ch Notice, ~m~ ~ hereby au~o~ ~ ~o ~ch pa~ent. ~ ~row~ ~0 ~y~ m ~for my o~or ~ ~w~ ~ good fs~ ~ elect n~ ~ ~ ~ch pa~ ~rowen ~ c~ ~ hold ~ch ~o~t un~ o~e~ ~ ~ N~ce ~om ~e p~ce ~ ~ c~t or a fmC, non~a~e j~ o~r m ~cr~ of a ~ However, the ~tere~ ~em~ Pre,sos are l~a~d md ~ ~ve Notice of~ch ~t te Seller ~d Purch~r. Upon ~ch ~po~t or o~er ~bur~m~t ~e ~ of~s p~a~ph, ~ro~o ~ ~ ze~evod ~d ~h~ged of Co) The pe~as acknov~tge that, although Easmwen is hol~fing the Dowapaym~t for Seller's account, for all other proposes Escmwee i~ acting solely as a stakeholder at their request sad for their convenience sad thst Escrowee shall not be linlle to aithor party for say act or omission on its part unless taken or coffered in bad faith or in wilful disregard of this contrast or involving gross negligence on thc part oftha Escmwec. Seller and Purchaser jointly sad severally ~ to dofoncl, indemnify end hold Escrowee haimless fi.om and against all costs, claims sad expenses (including reasonable aitomeye' fees) incun'ed in connection with the peffon~nce of Escrewee's duties h~reonder, except with respect to actions or omissions taken or suffered by Escmwen in bad faith or in ~ disregard of dg.s contract or involving gross negligence on the pall of the E~crowoe. (c) Eserowee may act or reft.sin flora aciing in respect of any matter referred to heroin in full reliance upon sad with the advice of counsel which may be selected by it (including may member of its finn) and shall bo fullyprotected in so acting or refi.aini~$ fi.om action upon the advice of such counsel. (d) Escrowee aclmowled~es receipt of the Downpayment by check subject to collection end Bsorowce's agreement to the provisions of ibis paragraph by signing in the place inc~cated on tho s~gnature page of this contract. (a) Escmwce or say membe~ of its firm shall be permitted te act as counsel for Seller in any dispute as to tho dlsbursom~t of thc DOWnl~yment or any oth~ c~pute between the patiice whether or not lt~c Escrowee is in possession of tho Downpayment sad continues to act as Escrewee. " 7. Acceptable Funds. All money payable under this contract, unless other~,iso specified, shall be paid by. (a) Cash, but not over $1,000.00; (b) 6cod ce~fied check of Pmchaser drawn on or official check issued by say bsak, savings bank, trust compsay or savings and losa association having aba, ld, g office in the State of New York, unendorsed sad made paysble to the order of Seller, or as Seller may otherwise direct upon not less thsa 3 business days notice to Purchaser; (c) 3,.s to money other than the puwhase psice payable to Seller at Closing, oncertifiod check of purchaser up to the amount of F'rvE III~IDRXD ($500.00) DaY.bARs;and (d) As otherwise agreed to in wrillng by Seller or Sellers attorney. 8. Mortgage Contingency. (Delete ~inapplicable) 9. Permitted Exceptions. Tho Premises are sold and shall be conveyed subject to: (a) Zoning end subdivision laws and regulstions, sad landmark, historic or wsttsacls designation, provided that they a~e not violated by the existing buildings and improvements erected on the proper~ or their use; (b) Consents for the ereciion of any s~uctores on, under or above any st~sots on which the Premises abut; (c) Eucreachments of stoops, areas, cella~ steps, ~ and cornices, if any, upon any sieur or highway, (d) Real astete tayms that a~ a linn, but a~ not y~t due and payable; and (e) The other mattere, if any, including a sun, ey exception, set forth in a Rider ~t~ched. (f) ANY STATE OF FACTS AN ACCUBATE SURVEY HAY SHOW PBOVIDED T~AT THE TITLE IS NOT I~.ENDERED UNMAIU,,a'~'ABLE T~u~REBY (VARIATIONS BETWEEN FENCE, HEDGE AND RECORD LINES OF NOT MORE THAN 12 INCHES SHALL BE DEEIiED NOT TO RRNDER TITLE UNMARKETABLE AND PURCHASER SHALL ACCEPT SUCH VARIATIONS); AND (g) COV'SR'ANTS, RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY, AFFECTING THE PREMISES, PROVIDED THEY DO NOT PROHIBIT THE MAINTENARCE OR pRESI~IT USE OF THE EXISTING STRUCTURE · 10. Gov~mmmtel Vids~ons end Ord~r~. (a) Seller shall comply with all notes or notices of vinl~ions of law or municipal ordinances, orders or requirements notan or issued as of th dote he~of by any llovemmm~ depertmmt having authority as to lands, housing, buiDinga, fi~e, health, environmental and labor conditions affecting the P~misus. The Premises shall ba conveyed f~e of them at Closing. Seller shall f. mi~ P~aser with a~y authoti~tin~s ~e~ssa~ to n~e the searches ~hat could disclos~ these matters. (b) (Delete if inoppltooble) All ....... ~w~,~.t~ --- 11. Sdler's Repr~enistiom. (a) Seller mpres~uts and warrants to PuIchaser that: (1) The Prenires abut or have a tight of access to a public road; (ii) Seller is the solo owner of the P~misus and has tho full tight, power and authotity to sell, convey and transfer the same in accordance with the term~ of this contract; (iii) Seller zs not a forezgu person as that term ~s defined for purposes of the Feral~n Investment in Keal Propagy Tax A~t, Internal Revenue Code ("I~C") Section 1445, as amended, and the regulations promulgated thereunder (oclincfivaly "I~IRPTA"); TI, ~' ' ...... '"e~' -- (iv) ............... , .-y .... u~ ,,. (v) Seller has boole Imown by no o~er nerlao fOr tho past ten y~are except NONE (b) Seller covenants and was£ants that all of the represunte~ons Ired wammiies se~ fo~h in this c~mtract shall be lrue and con, at at Closing. (c) ix~ as othelwlse expressly set forth in this contract, none of Sellers covenants, represontanons, warranties or uther obligations conltainedin this contract shall sun4ve Closing. 12. Condlton of Prop~r~y. Purehas~r aolmowiedgas and represents that Pu~haser is fany awa~ of the physical condition and state of rep'ir of the Premises and of all othe~ psopany included in this sale, based on Purehase~s ova inspection andinwshgatinn the~f, and that Purchasoz is entsiing into this cont,'act besud solely upon such inspection and investigation and not {~pon any information, data, statomeuts or ~santsfims, Mitten or oral as to th~ ph~ical condition, siute of repair, use, cost of operation or any other mawr related to the Premises or the other prupefl7 included in the sale, given or made by Seller or its lvtmmm~,,fiws, and shan accept the same "as is" in their present condition and stete of repaY, suE~ect to re&tunable uso, wear, tear and natural deteziorefion between the date hereof and the date of CIo~ng (except as other~vise set fofih in peragreph 16(1~, without any reduction in the pturchma price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contrsct Purchaser and its authorized representatives shall have the tight, at reasonable times and upon ~sonablo notice Coytelephone or othe~vise) to Seller, to i~spect tho Premises before Clo~ng. 13. ]nsurnble Title` Seller shall ~ive and Purchaser shall accept such title as ~&PZ' R~Z~o'~ABLE TITLE COMPJ~ DOTNG BUSI~SS IN SUFFOLK COU~ shall be w~ing to approve and insure in accordance with its sUmdmd form of tire policy approved by the New York State Insurance deparm~ent, sul~ect only to the matters provided for in this contract. 14. Closing, Deed and Tllie` (a) "Closing" means the settlement of the obligation of Seller and purellaser to each other under this contract, including the payment of the purchase pdco to Seller, and the delivery to Pu~chasut of a BARGAIN AND SALE WITH WARRANTIES ASAINST GRANTOR~ S ACTS deed in proper statutory shog form for record, duly executed and asknowledgad, so as to convey to Purchaser fas ~imple titl0 to the ~ f~o ofa~ e~lclmlinancas, except as otherwise herein s~ted. The deed shall contain a covenant by Seller as required by subd. 5 of Section 13 of the Lien Law. (b) If Seller is e oorparanon, it shall deliver to Purchaser at the time of Closing (l) a resolution of its Board of Dkeulors authorizing the sale and delivery of the deed, and (ii) o ceflfficate by the Secretory or Asslatant secretary of the corporation certifying such resolution and setting forth facts showing that tho transfer is in conformity with the recluiremants of recthm 909 of the Bu~neas Corporation Law. The deedin such case shall cont.~n a recitsl sufficiant to establish compliance with that Section. 15. Closing Date and Place. Closing shall take place at the office of ROBERT S. HUGHES, 316 FRONT STREET, GREENPORT, NEW yORK, ON OR A~OUT JULY 30, 1999 . 16. Conditions to Closing. This contract and Purehasefs obligation to purchase the premir~s ate also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy, as of the date of Cin~ng, of the mpresentstions and warranties of Seller made in tiffs contract. (c) The delivery by Seller to Purchaser cfa duly executed and sworn affidavit ('m form prescribed by law) cl,imlng exemption of the sale contemplated heleby, if such be the case, under A. Ricle 31-B of the Tax Law of the State of New York and the Reguiniinns promulgated thereunder~ as the ssme may be amended from lime to time (oolleciivaly the "Cuins Tax Law"); or if such sale shall not be exempt uuder the C~ins Tax Law, Seller and Pu~hasor aip'ee to complyin a limely rammer with Page 4 of 8 the requirements of tho Gains Tax Law and, at Closing, Seller shall deliver to purchaser (1) an official ~tum showing no tax dan, or (ii) an official totem accompanied by o co,dried or official bank check drawn on a New York State banking institution payable to the order of the New York State Deperlznent of Taxation and Fmenco in the amount of the tax shovel to be due thereon. Sdlar shall pay promptly say additional tax that may become due under the 6a~s Tax Law, ~g~hes with interest sad penallies thereon, if my, which maybe assessed o~ become due after Closing, sad/or execute any other documents that may be required in respect thereof, sad indemnify, defend sad save Purchaser harmless from end against say of the foregoin$ and say rl,,..gn, lialilit% cost or expense (including reasonable amoneyg fees) which may be suffered or incun~l by Purchaser by reason of the nonpa~aent thereof. The provisions of thio subparagraph (c) shall sun.ire closing. (d) The delivel3' by Seller to Purchaser of a certification stating di~l Seller is not a foreign person, which certification shall be in the form re~ byFIRPTA. If Seller £ails to deliver the aforesaid cer6fieatico or if Purchaser is nor entilled undeI FIRPTA to rely on such certification, Purchsser shall deduct sad withhold from the purchasu psico e sum equal to 10% thereof (or any lesser anaount pemsitted by law) and shall at Clo~ng remit the withheld amount with the required forms to the Internal Revenue Service. (o) T'. (h) The dehve./by the parties o~ say other affidavits reqmi~d as a condition ef recording the deed, 17. Deed 'IYamfw and Recordln~ Tax~ At Closing, cergfied or official bank checks payable to the order of the apprep~iate State, City or County officer in the amount of any applicable transfer and/or recording tax paystle by reason of the deliver, or ~cording of the deed or mortgage, if my, shall be delivered by the party requi~d by law or this contract to pay such transfer and/or recording tax, together with any required tax returns duly executed and sworn to, and such perry shall csa~ such checks and returns to be dehvered to the appropriate officer promptly after Closing, The obligation to pay any additional tax or deficiency end say interest or penalties thereon shall sunive Closing. 18. Apportionments and Other Adjusm~n(s; Water Meter and lusb~ment Assesm~n~. (a) To the extent applicable, the fullowin$ shall be apportioned as of midnight of the day before the day of Clo~ng: (1) taxes, water charges end sewer rents, on the bests of the LIEN YEAR for which assessed; (ii) fuel; ~fii) interest on the exis~ng mortgage; (iv) premiums on ex~fing transferable insurance policies sad r~ewals of these ewphing p~r to Closing; (v) vault charges; (vi) rents es and when collected~ (b) If Closing shall occur before a new tax rate is fixed, the appo~onment of rexes shall be upon ~c basis of the tax rate for the ;mmes~aly p~ding ~ ~d~ app~ed to ~e ~e~ a~ v~. (d) ff at ~e ~ nf Chi~ ~e P~s ~ ~ectad ~ ~ a~ent ~ch is o~ ~y ~om. pa~o ~ ~ ~llm~, ~d · e ~ ~ent is ~en s ~en, or has ~en ps~ ~en for ~e p~o~s ~ ~ · ~e ~d ~monts ~ ~ con~d due ~d ~ ~ p~d by Se~er at or prior te Clo~g, (o) ~y enors or o~ons ~ coburg appo~onmen~ or o~er adjuncts at c[o~g ~ ~ ~ected ~ a rea~na~e ~ fo~o~g Cin~g. ~s su~a~aph ~ suave Clo~g 19. Allowances for Unpaid Taxes, etc. Seller has the option to cretht Purchaser as an adjustment to the purchase price with the amoont of any unpaid taxes, assessments, watar charges and sewer rents, together with ~myinteres~ and penalties thereon to a date not less than five bu~ness days after Closing, provided that official bills therefor computed to said date are produced et Closing. 20. Use of Purchase Price to Remove Encumbrances. If at Closing them are anyother hens or encumbrances that Seller is obligated to pay or c~,harge, Seller may use any portion of the cash balance of the pu~hase pdce to pay or d~cherge them, provided SeU or shall ~muiteaoousiy deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing such instruments. As an alternative Seller may deposit sufficieot monies with tho title insurance company employed by Purchaser acoaptsble to and required by it to assure their discharge, but ouly if the litle company will insure Purchssefs title clear of lie matters or insure ag~nst theix enforcement out of the Premises and w~l insuxe Purchasers Institutional Lender clear of such matters. Upon nollce ( by telephone or othenvise), given ncr less than 3 buduess days before Closing, Purchaser shallprovide sapan~ codified or official bank checks as requested to asdst in clealing up these matters. 21. Title Examination; Seller's Inability to Convey; Limitations of Llabgi~y. (a) Purchaser shall order an examination nf titie in respect of the Premises from a title company licensed or authorized to issue rifle insurance by the New York State Insurance Department or any agent for such title company promptly after the exec ution of this contract or, if this contract is subject to the mortgage contingency set forth in paragraph 8, afi~ a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions therete to be dehvorod to the attorney(s) for Seller promptly after receipt thereof. (b)(I) If st the date of Clashl$ Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refut6ng to close, whether by reason oflisns, encumbrances or other objections to title or otherwise (herein collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Pturchaser may have waived and other th~m those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall bo unwilling to waive the same and to close lifle without abatement of the purchase price, then, except as hereinafter set furth, Seller shall have the tight, at Sellers sole elechon, either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel the contract; (ii) if Seller elects to take action to remove, remedy or comply with such Defects, Seller shall be entitled from time to time, npon Notice to Purchaser, to adjonm the dsto for Clo~ng haseuudzr for a period or periods not exsee~g 60 daysin the a~ga~ (but not exteod~ng beyond the date upon which Pmchasefs mortgage commitment, If any, sheil expire), and the date for Closing shall be adjourned to a date specified by Sailor not beyond such period. If for ony rsu~on whatsoever, Seller shall not have su~_ _~3odin removing, semedying ur complying with such Defec~ at th e~sh~m ef such edjo~rmm~nt(s), end If Putcha~r shah still be unwilling to waive the same and to close rifle without abatement of the purchase price, then either party may cancal this con,act by Notice to the other given within l0 days after such adjoununont date; (iii) notw~hgam~ng tho foregoing, the existing mortgage (unless this sale is subject to the same) sad any matter crested by Seller after the date hereof shall be released, d~.char god or otherwise cured by Seller at or prior to Clo~ng. (c) If this contract i~ canceled pursuant to its terms, other than as a result ef Pmchasets default, this contract shall terminate and come to an end, and neither party shali have any futthar fights, obligations or liabilities against or to the other hereunder or othetwlae, the obligations under paragraph 27 shall survive the termination of this contract. 22. Affidavit as to Judomnts, Bankruptcies, etc. Ifa title ovamln ation discins~s judgments, benkmptcies or other returns against persons having names the same as or ~milax to that of Seller, Seller shall deliver aa affidavit at Clo~ng showing that they ars not against Sailor. 23. l~faul~ and Remedies. (a) If purchaser d~fauits hereunder, S ellel~s sole remedy shall be to receive nd retain the downpeymont as liquidated damages, it being agreed that Sellers dsmagas in ces~ of Purchasers default might be impossible to ascartsin and that the Dowapayment constitutes a fair and reasonable amount of damages ondsr the circumstances and is not a penalty. (b) If seller defaults hereunder, Purchaser shall have such reme~es es Purchaser shall be sufifled to at law or in equity, including, but not limited to specific performance. 24. Purchaser's Lie~..~ mmiey paid on account of this contract, and the reasonable expenses of e~mlnMion of titie to the Premises and of any survey and survey inspection charges, are hereby made liens on the P,e,~es, but such liens sha~ not c~mgnue after default by Purchaser undar this contract. 25. Notices. Any notice or other communication ('Notice") shall be in writing and either (a) sent by either of the parties hereto or by their ~aspeclive attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by registered or certified mail, postega prepaid, or (b) delivered in person or by overnight courier, with receipt acknowiedgad, to the respective addresses given in this contract for the party and the Eserowee, to whom the Notice la to be given, or to such other address es such palW or Escrowee shall hereinafter designate by Notice given to the other pe~ur pa~ins end the Eserowee pursuant to this paragraph. Each notice mailed shall be deemed given on the third burners dsy feilowinll the date of m*i]i,~ll the same, except that any notice to Escroweo shall be daemod given only upon receipt by Escrowee md each Notice delivered in person or by overnight couder shall be deemed given when delivered. 26. No Assignment. This contract may not be assigned by Purchaser without the prior w~tton consent of SeUor in each instance and say purpurtod as~t, nment(s) made without such consent shall be void. 27. ~rolaw. Seller and Purchasar each represents and warrants to the other that it has not dealt with any broker in colmection with this sale except NONE 28. Miscellaneous. (a) All ptior undarstandings, a~reeurents, representations and warranties, oral or wlitton, between Seller and Purchaser are merged in this contract; it completely expresses their full agreemmt and has been entered into after full invesfgation, neither parW ~ying upon auy ~aatement made by anyo~ ¢ else that is not set forth in this contract. (b) Neither thla contract nor any provision thereof may be waived, changed or canceled except in wtiting. This contract shall also spply to and lind their heirs, c~stributees, legal representatives, successors and permitted assigns of the respeclive parties. T~e pa~ies hereby authorize theix respective attorneys to agree in wsi~ng in vniting to any changes in dates and t~me periods provided for in flris contract. (c) Any ~ugular word or term herein shall also be read as in the plural and the neuter shall include the mascu~ne and fem~nlne gender, whenever tho sense of this contract may require it. (d) The captions in this contract are for convenience of reference only andin no way define, limit or dasc~bo the scope of thls contract and shall not be considered in the interpretation of tl~s contract or any provision hereof. (e) This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. (f) SeHar end Purchaser shall comply with IKC reporting requirements, if applicable. This subparagraph shall survive Closing. (g)F_.ach partyshall, at anytime and from time to time, executs, acknowledge where appropriate and deliver such instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract, this paragraph shall survive Closing. (h) T~is contxact is intended for the exclusive benefit of the parties hereto mid, except ~.~ other'.vise e×p iesaiy 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. THE FOLLOWING PARAGRAPHS ARE ADDITIONS TO THE STANDARD PROVISIONS OF THE STANDARD CONTRACT OF SALE AND, AS SUCH, CONSTITUTE A RIDER TO THIS CONTRACT. ANY INCONSISTENCIES BETWEEN THE TERMS IN THE RIDER AND THOSE IN THE BASIC FORM CONTRACT HEREIN SHALL BE RESOLVED IN FAVOR OF THE RIDER. 29) This contract is subject to and conditioned upon the Seller obtaining, in a timely fashion, all necessary governmental approvals for the conveyance of the subject parcel, 30) Purchaser is responsible for aH costs related to obtaimng thc governmental approvals including all application fees, surveys and attorney fees. Purchaser agrees to pay seller's attorney, Robert S. Hughes, the fee of $800.00 plus any out of pocket expensas such as long distance telephone, faxes and federal cxpres& Mr. Hughes will be responsible for preparing the forms and appearing before the bodies necessaty for obtaining all governmental approvals refemd to in Paragraph 29. Purchaser acknowledges that the terms of this Paragraph are not to be construed as creating en Attorney-Client relationship between the purchaser and Mr. Hughes. The purchaser acknowledges that Mr. Hughes represents the interests of the Seller only. Mr. Hughes' fee is payable as follows:- $400.00 due upon signing of the contract and the balance at closing. Both parties agree to execute all necessary documents in a timely manner. 31) Purchaser acknowledges that the offer to sell which is contained in this document is open for a specific amount of time. The offer is withdrawn if the escrowce has not received two originals of this contract, signed by the purchaser as well as a check in the amount of $2,500.00 made payable to "Robert S. Hughes as Attorney" by the close of business on May 7, 1999. IN WITNESS WHEREOF, this contract has b~een dul;y executed by the part~o. /~'~ KEITHiCOICT MORTON Seller p.a~QL~LE A. Ol~ Purchaser Attorney for Seller: Robert S. Hughes Address: P.O.BOX 128 316 Front Street Grcenport, New York 11944 Attorney for Purchaser: Address: Tel: (516) 47%2700 Tel: (516) Fax: (516) 477-0955 ( ~ 2-) ~ ~ ~' ' ~---~,~'~ RECEIPT OF THE DOVvlqPAYIVlENT IS ACKNO~VI J~DGED AND THE UNDERSIGNED AGREES TO ACT 1N ACCORDANCE VvTrH THE PROVISIONS OF PARAGRAPH 6 ABOVE. ESCROWEE U ALL that certain plot, piece or parcel of land, situate, lying and being, at Orient, Town of Southold, County of Suffolk of New York, delineated on the attached sketch, drawn up by John Ehlers, surveyor, said parcel consisting of Five thousand one h%mdred az~d twenty six (5,126) square feet which abuts on the north and east land presently owned by the purchaser. 5 [_45, Lc~,~ no~ o~ ~ o~ ~nOr,l.o~ Ar'ec ~o be - . cl o~ 0.15 A:~.';'r-' ILtDER #2 This represents a modification of the contract or,ale between E~i~ $cotl Morton and Pasquale A. Gemma dated May 15, 1999. Any terms conlained in this rider supersede any conflicting clauses contained in. the original co~tract. Paragraph 32 The premises to be purchased comprise of six thousand four hundred sad eighty fi~ree (6,483) square feet and are accurately depicted in the attached $chc&d¢ "B". Paragraph 33 'lhe purchase price for the prem~.'ses is Two ($2) dollars per SCluare Coot. 'J'hc total purchase price is Twelve thousand n~c hundred and sixty six ($12.966) dollars. The purchaser has already put down Two thousand five huodrcd ($2,500.00) dollars in e.,~row. With the signing el' this docmneat the puxchaser agrees to increase the aulouat of thc dov, upayaleu! by thc amount of Seveu hundred a~.d fo/ly one dollars and fifty cents ($?41.50) which stun, together with aforlm~'ntinned $2,500.00 represent twenty five (25%) percent of the ~otal purchase prke. The bnln~ce duc at closing will be Nine lhousaud sev~ h~,mdred and twenty four dollars and fifty cents ($~,71a.~0). I~DER #2 Tiffs represents a modification of the contract of sale between geith Scott Morton and Pa~luale A, Gemm~ dated May 15, 1999. Any terms cottta~ned in this ride,' supersede any co,,flle~Ing clauses contained in. the original co,itract. Paragraph 32 The premises to be purchased comprise of sLx thousand four hundred ~d ei~lty three (6,483) square feet and are accurately depicted itt the attached Schedule "B". Pa, agraph 33 The purchase pri~e for thc prem~.'ses is Two (:$2) dollars per square foot. Thc total purchase price is Twelve thousa~.d nine htmdred and six%'y six ($12.966) dollars. The Irate. baser I~as ~tkeady put down Two thouzand ~ve hundred ($2,500.00) dollars in e~row. With the signing of tMs document the purchaser agrees to i~orease the amotmt of'the downpay~enl by lite amo~t of Seven htmdred au.d forty one dollars and fiR-y cents (,$741.50) which sum, together with lhe ~fforememioned $2,500.00 represent tweoty five (25%) percent of the total purchase price. The balance duc at closing will be Nine thousand seven hunted a~,d twenty four dollars emd rift3, cents ($9,724.50). P~ragraph 34 The purohas~ agrees to grant an easement, which wi.Il run with the land, to the seller, his he~s, ~ssors ~d assays, prong access over ~e ~bJect pre~ses to and from a farm weU ~ch is located on ~e ~bje~ p.re~s ~d which is identified on Schedule "B". "SUBJECT TO an easement for access ~o a water well locaCed at the easterly portion of the northerly portion of said premises for the purpose of maintenance and repair and use for irri~ation by placement of a pump and hose, pipe, or other such conduit for dispersal of water which may run alon~ a course across said premises due no£~h or due east or along said premises at any angle between due north or due east." -- '~PAS QUALE"A~-~i MA RECEIF[' OF TI.I~ DOWN'PAYMENT lS ACKNOWLEI~OED AND THE UNDER$1GN£D AGREES TO ACT IN · "' i~scRov~]~ c ............. FORM 26 -~a -DI~3MS-9? power of t dtomey, Stamlory Short Form, Rt-~i~-d l/lllg)9~ki"lh Affidavit of Effectiveness e 1994 Fidel'ty National Title Insq~(Company of New York) CONSULT YOUR LAWYER BEFIII~IFSIGNING THIS INSTRUt~IENT- THIS INSTRUMEfl~OULD BE USED BY LAWYERS ONLY DURABLE GENERAL POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM THE POWERS YOU GRANT BELOW CONTINUE TO BE EFFECTIVE SHOULD YOU BECOME DISABLED OR INCOMPETENT (CAUTION: THIS IS AN IMPORTANT DOCUMENT. IT GIVES THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY DURING YOUR LIFETIME, WHICH MAY INCLUDE POWERS TO MORTGAGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THESE POWERS WILL CONTINUE TO EXIST EVEN AFTER YOU BECOME DISABLED OR INCOMPETENT. THESE POWERS ARE EXPLAINED MORE FULLY IN NEW YORK GENERAL OBLIGATIONS LAW, ARTICLE 5, TITLE 15, SECTION 5-1502A THROUGH 5-1503 WHICH EXPRESSLY PERMIT THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS. YOU MAY EXECUTE A HEALTH CARE PROXY TO DO THIS. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LA%%q(ER TO EXPLAIN IT TO YOU.) THIS is intended to constitute a DURABLE GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 15 of the New York General Obligations Law: 1, .. KE.lrTH. SCO~T .blOR~P. ON ........... : .... residing at. 25. ~ · 86th....St. · New .York-,. -NY · . 10028. · (insert your name and address) do hereby appoint: .ROI~I~R.T .S, · ~IUOHI~$ ....... residing at .1025- pe4;e 's. I-Ii.l:t 'Rd ;' Orlent,..NY. · t-1-9§5 (If I person is to be appointed agent, insert the name and address of your agent above) ........................................ residing at ........................................... ......................................... residing at ........................................... ........................................ residing at ..................................... (If2 or more persons are to be appointed agents by you insert their names and addresses above) my attorney(s)-in-fact TO ACT (If more than one agent is designated, CHOOSE ONE of the following two choices by putting your initials in ONE of the blank spaces to the left of your choice:) ( ) Each agent may SEPARATELY act. ( ) All agents must act TOGETHER. (If neither blank space is initialed, the agents will be required to act TOGETHER) IN MY NAME, PLACE.AND STEAD in any way which I myself could do, ifI were personally present, with respect to the following matters as each of them is defined in Title 15 of Al'ticle 5 of the New York General Obligations Law to the extent that I ampermitted by law to act through an agent: ~D~..~.C~.ON,~. I.....~ .n t..e b.ank svace to the .e.t of your choice any one or mure of the follnwing lettered subdivisions as to which you WANT to give your agent authority. If the blank space to the left of any particular lettered subdivision is NOT initialed, NO AUTHORITY WH,I, BE GRANTED for matters that are included in that subdivision. Alternatively, the letter corresponding to each power you wish to grant may be written or typed on the blank line in subdivision "(Q)", and you may then put your initials in the blank space to the left of subdivision "(Q)" in order to grant each of the powers so indicated) ( ) (A) ( ) (B) ( ) (C) ( ) (O) ( ) (E) ( ) (F) ( ) (G) ( ) (H~ ( ) (I) ( ) (J) ( ) (K) ( ) (L) real estate transactions; chattel and goods transactions; bond, share and commodity transactions; banking transactions; business operating transactions; insurance transactions; estate transactions; claims and litigation; personal relationships and affairs; benefits from military service; records, reports and statements; retirement benefit transactions; (M) making gifts to my spouse, children and more remote descendants, and parents, not to exceed in the aggregate $10,000 to each of such persons in any year; (N) tax matters; (O) all other matters; (P) full and unqualified authority to my attorney(s)-in-fact to delegate any or all of the foregoing powers to any person or persons whom my attorney(s)-in-fact shall select; (Q) each of the above matters identified by the following letters: A,~ E.,¥.,.E;C ............ ;Special provisions and Bmitations may be ?cluded in the statutory short form durable power of attorney only if they conform to the requirements of section 5-15~3 of the New York General Obligqtions Law.) ..... ct. 1 This .power..of.atgnrney. i.s .~ngp~ded to be limited to those matte.rs wnxcn uxre y rei~te, to..the, put.chase, a~nd. de.vle.'i6~ .m~Plt~ 16~i ~:~ i%'41il~6'4t?'ff~.h~, iFii~=i illh 'o~-i*n't',i 'NY'.'" Special Additional Provision: The powers granted under (A) through (C) above shall include the sale of a cooperative housing unit and are enlarged so that all fixtures and articles of personal property which at the time of such transactmn are or which may thereafter be attached to or used in connection with the real or personal property, may be included i~: the agreements or other instruments to be executed and delivered in connection with any transactmns and which mas' be described in said instruments with more particularity. This Power of Attorney is not subject to question becaus~ an instrument executed hereunder fails to recite or recites only nominal consideration paid therefore and any person dealing with the subject matter &such instrument may do so as if full consideration had been expressed therein. This durable power of attorney shall not be affected by my subsequent disability or incompetence. If every agent named above is unable or unwilling to serve, I appoint ....................................... ....................................... residing at (insert name and address of successor) to be my agent for all purposes hereunder. INEFFECTIVE AS TO SUCH THI]~ PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION TERMINATION SH_ALI, HAVE BEEN RECEIVED BY SUCH TIHRD PARTY, AND I FOR MYSELF AND FO MY I~[RS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIF AND HOLD HARMLESS ANY SUCH TI~RD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THA MAY ARISE AGAINST SUCH TI~RD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED THE PROVISIONS OF THIS INSTRUMENT. THIS DURABLE GENERAL POWER OF ATTORNEY MAY BE REVOKED BY ME AT ANY TIME. IN WITNESS WHEREOF I have hereunt° signed mY name this · Y.0 ./'d~day of ~LAr~. · .~. , c~ou S~GN ~tERE.) _~.,..O5..~...~f..Z..~,~. ~~..' .' .''''~ ... STATZ OV NEW YORK, COVNTY OV } SS.: STATE OV NEW YORK, COUNTY OV Onthe dayof ,19 ,beforeme Onthe%a~'dayof ]~,o,V~'4~__ ,19~ ,bcforeme personally came personally came /q'e-! ~ ~.( to me known to be the individual described in and who executed the foregoing strum ~vle ~e~~_to me kno .vi~ to bee~'-ddfe~ foregoing instrument and acknowledged that he executed the same. ~eande:echu°t I 6tary Public, State of New York No. 011M4654082 Gualified in Nassau County Commission Expires Aug. 31, 199~ C f I~ I ~ . ~FFIDAFFrOF EFF£C~IV£NES$~ SrAr£oFNEg/Yo~o~Cov~rroF ~.t/ffOlb( ]$$.: · ... ..... ~..~ f~.-).... ~.,. h~.~,~ ..... .................. ' ......... "!i'!"';'.!i;"ii;!;5;i;i;;551; .......... · .............. not been revoked by the death of the principal(s) or otherwise; that I have no actual knowledge of a revocation pf the foregoing Power; end, warrant and represent that I have f~tll and unqualifiedauth°rity t° execute 4he ff} ~"~7..~ .'~ ~ l~.~. fl~.. [Deed Morteaee etc ,, · ". .................. 3'~]. . . v. nw v~x., . 6r.7. . .,.~f~.~. ................ will rely upon me representations made herem asinducementtoaccept such irffttrument(s} an~we~At~rney~as~dg~ce of my authority toact. ~- 7 ' ,'r ..... * C*"*"*#*~ NO. t17,27029 DISTRICT ~s'ns£v~r^xtrro~v s~o~tTmzu Qt~slified in Suf,~n!k Cou .r~ffrln~ z,q/3 Trruz No. Commission E3:~rc.s I~,~reh 2~,~---e--/~ / LOT COUNTY OR TOWN To FIDELITY NATIONAL TITLE ~svP~CZ CO~PAm, or "o~p,,,~a~ ,~ Fidelity Member N~ Y~ S~ ~d Title ~ation R~COP, I)£O Ar r~g R~our, sr OF Fidelity National Title Insurance Company of New York Ra'rvr.~ ~ r MA~£ To: 516 F~o,~t Street P.O. Bo* 1P, 8 Greenport, New York 119.44 ROBERT S. HUGHES Attomey' ,~t I~w Telep~ot, e (516) 477-2700 F~ ($161 477-0955 December 8, 1999 Ms. Melissa Spiro Planning Board Southold Town HaH 53095 Main Road Southold, New York 11971 BY HAN9 RE: Morton - Gemma Lot Line Change. SCTM# 1000 - 25 - 4 - 11.4 Dear Melissa, Enclosed are certified copies of the three relevant deeds for the abovereferenced transaction. It is my understanding that delivery of these documents to the Planning Board fidfill~ aH requirements for a final disposition ofthi~ matter. If there is anything else that you need, please give me a call Thank you very much for aH of your cooperation in this matter. enclosures Southoid Tow,, Planning Board $ 004E608 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument al / Filing Fee Page Handling TP-584 Notation EA-52 17 (County) ~ __ EA-5217 (State) ~?~,~ __ R.P.T.S.A. 2'3 ~ $ OO Comm. of Ed. Affidavit Reg. Copy Other · :18858 Deb 0 2 UFFOL.~ Deed / Mo~gage Tax Strop FEES Sub Total ~'~ / RECOROE Recording/Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec. 1Add. TOT. MTG. TAX Dual Town__ Dual County__ Held for Apportionment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES__or NO If NO, see appropriate tax clause on page # __ of this instrument. Real Property Tax Service Agency Verification Dist. Se,-tion B lock oZ6,,oO O/,oO Lot Satisfactions/Discharges/Releases List Properly Owners Maili~ RECORD & RETURN TO: Suffolk This page forms part of the attached Co. Name Title # Community Preservation Fund Consideration Amount $ ~ CPF Tax Due $ ~ $ _ RECE(~.D / DEC 0 2 1999 i~I~UNITY VA'lION Improved Land Title Company Information , Recordin & Endorsement (~;PECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the Township ~t%%b¢ ~ ~o etx~z~rto ~'r~ .~b or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PR/OR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your proPerty taxes, you will now need to contact your local Town Tax Receiver so that you may b~ bill~ directly for all future property tax bills. Local property taxes are payable twice a year: on or before January l0th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your ~ocal Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 RiverheadTown Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (516)727-3200 BrookhavenTownReceiverofTaxes 250 East Main Street' PoN Jefferson, N.Y. l1777 (516)473-0236 ShelterlslandTownReceiverofTaxes Shel~rlslandTownHall Shel~rlsland, N.Y. 11964 (516)749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Sonthampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk F~ 8002* - Batlgl~ md Sale Deed, with Covmaats ~Eai~ Grantors Acts - ln&vidual ~r C~0cratim. (~ngle sheet) CONSLrLT YOUR LAWYER BEFORE SIONINO TIIIS nqSTR~ - THIS 1NSTR~ SHOULD BE USED BY LAWYERS ONLY. THIS INI}ENTURE, made the lY'~, day of tV ov~',~ t,~-~, nineteen hundred and ^ BETWEEN PASQUALE ANTHONY GEMMA AND PENELOPE BUSCHMAN GEMMA his wife, residing at 40 East 88th. Street, New York, New York 10028 party of the first part, and PASQUALE ANTHONY GEMMA AND PENELOPE BUSCHMAN GEMMA his wife, residing at 40 East 88th. Street, New York, New York 10028 party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and :~i,~,rovements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particulae;ly bounded and deserl"oed as follows: BEGINNING at a monument on the Northerly side of King Street where the same is intersected by the easterly side of land now or formerly of Troy Gustavsun and Joan W. Gustavsun, his wife; said monument at the point of Beginning also being distant 669 feet more or less fxom the comer formed bythe intersection of the northerly side of King Street with the easterly side of Bay Avenue, when mcasHrcd along thc northerly side of King Street; RUNNING THENCE North 09 degrees 36 minutes 30 seconds West along said land now or formerly of Troy Gustavson and Joan W. Gustavson, his wife, 109.95 feet to an iron pipe and land now or formerly of the Floyd F. King Jr. Revocable Trust; THENCE along said last mentioned land the following two (2) courses and distances (1) No~h 08 degrees 49 minutes 00 seconds West, 32.76; (2) North 07 degrees 33 minutes 30 seconds West, 15.00 feet to a point end land now or formerly of Keith Scott Morton; THENCE along said land now or formerly of Keith Scott Morton the following three (3) courses and distances; 1) South 81 degrees 02 minutes00 seconds East 162.67 feet to a point; 2) South 57 degrees 56 minutes 55 seconds East 36.6~ feet to a point; 3) South 05 degrees 42 i~g~utes 30 secobnd East 135.60 feet to the point on the northerly side of King Street; THENCE along the northerly side of King Street the following two (2) courses end distances: (1) Nb[th 80 degrees 52 minutes 40 seconds West 30.00 feet to a monument; (2) North 82 degrees 39 minutes 50 s~conds West along the northerly side of King Street 151.54 feet to the monument at the point or place of BEGINNING. SUBJECT TO an easement for access to a water well located at the easterly potion of the northerly portion of said premises for the purpose of maintenance, repair and use for irrigation by placement of a pump and hose, pipe, or other such conduit for dispersal of water which may nm along a course across said premi.~es due north or due east or along said premises at any angle between due north or due east TOGETHER with all the tight, title and interest, if eny, ofthe party of the first part in and to any streets and roads abutting the above descn"oed premiss to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors end assigns of the party of the second part forever. AND the party of the fist part covenants that the party of the first part has not done or suffered enythin~ whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHE~REOF, the party of the first part has duly execmed thi~ deed the day and year first above written. IN PRESENCE OF: STATE OF NEW YORK COUNTY OF SUFFOLK SS: I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPy OF o~,,~,~c, ~u,- L;t.)I-'Y OF SUCH ORIGINAL DEE____.~D AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THISc>,~kt:[_ DAY OF ~)~--c"'~r'a') ~ 1997 CLERK ---- STATE OF NEW YORK COUNTY OF SUFFOLK SS: ACKNOWLE] AENT Onthe day ofNovember , in the year 1999 beforcmetheundersignedpersonallyappea~edPASQUALEANTHONYGEMMA personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument ~nd acknowledged to me that he/she/they executed the same in his/her/their capacityOes), and that by his/her/their signatures on the instrument, the individual(s) or the person upon behalf of whinh the individual(s) acted, executed the ins~ · NOTAll~ PUBLIC STATE OF NEW YORK ACIGNOWLEDGElv~ UOLLY T. PELLICAttE COUNTY OF SUFFOLK $S: ~ #ot~'y Public, State of l;ew Y~'k Suffolk County.4~31730 ~/~ On the day of November, [[ned personally appeared PENELOPE BUSCHMAN GEMMA personally known to me or proved to me on the basis o f satis factory"~[~ce to be the individual(s) whose name(s) is (are) suhscrthed to the within instrument and acknowledged to me that he/she/they executed the s~II~e4tl3a~Lis/h~er/their capacity(les), and that by his/her/their signatures on the instrument, the individu~(s) or the person upon behalf o£which the individual(~r~, executed the insmma~nt. NOTARY PUBLIC Correction Deed Title No. PASQUALE ANTHONY GEMMA and PENELOPE BUSCHMAN GEMMA, his Wife TO PASQUALE ANTHONY GEMMA and PENELOPE BUSCHMAN GEMMA, his Wife Ciw or Town: County: Section: Block: Lot: Southold SUFFOLK RETURN BY MAIL TO: Paul Jeselsohn, Esq. 799 Broadway, Suite 542 New York, NY 10003 ' 12004,P] 607 Number of pages TORRENS Serial # Certificate # Prior Ct£ # Deed / Mortgage Instrument 4I Page / Filing Fee t~'~ Handling //., __ TP-584 ~ Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 500 Affidavit Certified Copy Reg. Copy Other 18857 Deed / Mortgage Tax Stamp FEES RECORDED I~q I]EC -2 P ~ 3q ','; ~d.2 P 7,0MAINE i ULY, {CUN'i'Y CLERK Recording / Filing Stamps __ Sub Total GRAND TOTAL Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town . Dual County_ Held for Apportionmen~/z ~ Transfer Tax ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES__.or NO__ If NO, see appropriate tax clause on page # __ of this instrument. Real Property Tax Service Agency Verification Dist. Section B lock Lot oo0 : OZ6,,oO ~/,bo o32,ac.~ / Satisfactions/Discharges/Releases List Property Owners Mailin RECORD & RETURN TO: Suffolk This page forms part of the attached Community Preservation Fund Consideration Amount $ CPF Tax Due DEC 0 2 1999 Co. Name Title # & Endorsement Pa TO (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Improved :ant Land In the Township of In the VILLAGE or HAMLET of ~ation ~0 07/zozo made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that y?u m~y. be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January l0th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter lsland, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Sonthampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town ReceiverofTaxes 40 Nassau Avenue Islip, N.Y. 11751 (516)224-5580 Southold Town Receiver ofTaxes 53095MainRoad Southold, N.Y. 11971 (516)765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk Fonnlg~Og* - l~_~ga/n and Sale Deed, with Covmanls against Grant~s Aces - Individual ct Cc~ctatiov. (single sheet) TInS INDENTURE, made the /3 , day of~)0 cre'~, ~ BETWEEN , nineteen hundred and KEITH SCOTt MORTON, residing at 25 East 86th. Street, New York, New York 10028 party of the first pan, and PASQU~-I,F. ANTHONY GEMMA AND PENELOPE BUSCHMAN GEMMA his wife, residing at 40 East 88th. Street, New York, New York 10028 party of the second pan, WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other vahmble consideration paid by the party of the second pan, does hereby grant and release unto the party of the second pan, the heirs or successors and assigns of the second pan forever, ALL that certain plot, piece or parcel oflnnd, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particularly bounded and descn"oed as follows: BEGINNING at a point on the Northerly side of King Street at the Southeast comer of the premises about to be descn"oed herein; said point being also distant 316.57 feet westerly as measured along the northerly side of King Street from the comer formed by the intersection of the northeasterly side of Old Farm Road with the northerly side of King Street; RUNNING THI~NCE from said point or place of Be~L~innlng, along the northerly side of King Street, North 80 degrees 52 minutes 40 seconds West 30.00 feet; RUNNING THE~NCE North 05 degrees 42 minutes 30 seconds West 135.52 feet; RUNNING THENCE North 81 degrees 02 minutes 00 seconds West 162.17 feet to land now or formerly of lloyd F. King Jr. Revocable Trust; RUNNING THE, NCE along said land, North 07 degrees 33 minutes 30 seconds West 15.00 feet; RUNNING THi~NCE South 81 degrees 02 minutes 00 seconds east 162.67 feet; RUNNING THE~NCE South 57 degrees 56 minutes 55 seconds East 36.66 feet and; RUNNING THENCE South 05 degrees 42 minutes 30 seconds East 135.60 feet to the point or place of BEGINNING; SUBJECT TO an easement, retained by the party of the first part, his successors and or assigns, for access to a water well located at the easterly porti°n of the northerly portion of said premiss for the purpose of maintenance, repair and use for irrigation by placement of a pi]m? and hose, pipe, or other such conduit for dispersal of water which may nm along a course across said premiss due noRh or due east or along said premiges at any angle between due north or due east TOGETHE~R with all the right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premiss to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part and to said premises; TO HAVE AND TO HOLD the premiss herein granted unto the pa_~y of the second paR, the heirs or successors and assigns of the party of the second part forever. AND the party of the first par covenants that the party of the first par has not done or suffered anything whereby the said premises have been enc~mhered in any way whatever, except as aforesaid. AND the party of the first par in compliance with Section 13 of the Lien Law, covenants that the pan'y of the first par will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the im?rovement before using any paR of the total of the ~me for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first paR has duly executed this deed the day and year first above written. IN PRESENCE OF: KEITH SCOTF MORTON STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED ,/o<O~f"J ~ AT PAGE ~,O'~ RECORDED /~' ~'?~ AND THAT IT IS A JUST AND TRUE COP~ OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THISo<,~,'v:~ DAYOF ~'C~--.H",,'"),[~-~" 199~ CLERK ,120 4PC607 UNIFORM FORM OF ACKNOWLEDGEMENTS Acknowledgement taken in New York State State of New Yot~. County of~ ss: On the/~day of ~) ~ ~/ , in the year/~/~orc me the undersigned, personally ap.pearcd/~/~ ~.t~ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscrlbeA ,o the within instrument and acknowledged to me that be/she/they executed thc same in his/her/their capacity(les), aud that by hi~/hcr/their slgnaturcz on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument- Number of pages ~ TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument 4 i$859 Deed/Mortgage Tax Stamp FEES RECORDED Iqqq I~EC -2 P 3: 3q Recording / Filing Stamps Page / Filing Fee Handling / TP-584 Notation ~_ __ 7 EA-52 17 (County) 6 ,. EA-5217 (State) ~ __ ILP. T.S.A. /',~ ~' Comm. of Ed. 500 Affidavit C~t~Y Reg. Copy Other Sub Total ~) Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot ,ooo o?. ,O0 oq, oo 6//,0/)6 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town . Dual County__ Held for Apportionment~ (~ Transfer Tax ~ / Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax clause on page # __ of this instrument. Cornrnunity Preservation Fund Consideration Amount $ ~:~ CPF Tax Due $ (~ Improved Satisfactions/Discharges/Releases List Property Owners Mailin RECORD & RETURN TO: Suffolk Land Co. Name Title # Recordin TD DEC 0 2 3999 TD OOM~UNI ~"~ TD PRESERVATION FUND Title Company Information & Endorsement Pa This page forms part of the attached TO (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of 0 r-~'/~"05 made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so thatyou may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10~h and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk aw 2/99 Form 800'1 * - Bar~ md ~ale Dee~. with Covem~s ~,$~ ~. Grant.s Acts - lnalvid~al or Corpc~iom (~81e sh~) CONSULT YOUR LAWYER BEI~ORE gIGNING ~ INSTRUMENT - ~ INffI'RUMENT SffOOLD BE I~e,D BY LAWYEI~ ONLY. Tm~ INDENTURE, made the /) ~, day of VD~O oCx BETWEEN , nineteen hundred and ~//~ ~- e KE1TH SCOTt MORTON, residing at 25 East 86th. Street, New York, New York 10028 party of the first part, and KEITH SCOTt MORTON, residing at 25 East 86th. Street, New York, New York 10028 party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen Dolhrs and other valuable consideration paid by the party of the second part, does hereby grant and release unto the pazty of the second part, the heirs or successors and assJ?~ of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and i?rovenumts thereon !erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particularly bounded and descrl~oed as follows: BEGINNING at a monument set at the intersection of the northerly line of King street and the easterly line of Old Farm Road and fxom said point of beginning nmning along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of C-emma; RUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: (1) North 05 degrees 42 minutes 30 seconds West, 135.60 feet; (2) North 57 degrees 56 minutes 55 seconds West, 36.68 feet; (3) North 81 degrees 02 mi-utes West 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING TmC~NCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THI~NCE along said lands now or formerly of Tabor the following three courses and distances: (1) South 02 degrees 19 minutes 20 seconds East, 11.60 feet; (2) South 89 degrees 42 minutes 20 seconds East, 105.11 feet; (3) North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 50.00 feet to lands now or formerly of Bogden; RUNNING THI~NCE along said lands now or formerly of Bogden, South 02 degrees 19 minutes 20 seconds East, 200 feet; RUNNING THE~NC'~. along said lands now or formerly of Bogden and then along lands now or formerly of Boe~m. North 87 degrees 40 minutes 40 seconds East, 300.00 feet; RUNNING THENCE along lands now or formerly of Boe~m~ North 86 degrees 55 minutes 10 seconds East, 126.91 feet to lands now or formerly of Nigro; RUNNING THlC~NCE along said lands now or formerly of Nigro, North 76 degrees 50 minutes 40 seconds East, 69.00 feet to lands now or formerly of Len~ner; RUNNING THENCE along said lands now or formerly of Len~ner the following two courses and distances: (1) South 11 degrees 56 minutes 10 seconds West, 86.73 feet; (2) South 65 degrees 42 minutes 20 seconds East, 143.64 feet to lands designated as Park on a certain map entitled "Bayview Farm at Orient" filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled "Bayview Farm at Orient" filed in the Suffolk County Clerk's O~ice as Map No. 7045, South 13 degrees 34 minutes 30 seconds West, 657.22 feet to the easterly line of Old Farm Road; RUNNING THI~NCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West, 325.00 feet to the point of BEGINNING. TOGETHIC~R with all the fight, title and interest, if any, of the party of the first part in and to any streets and roads abuttia~ the above desen"oed premises to the center lines thereol~ TOGETHER with the appurtenances and all the estate and fights of the party of the first part and to said premiss; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been enenmhered in any way whatever, except as aforesaid. AND the party of the first part in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for thi~ conveyance and will hold the fight to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvemant before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first pan has duly executed this deed the day and year first above written. IN PRESENCE OF: KEITH SCOTY MORTON STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT ~OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) ]~DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF Jl DEED/,~t'")(~P.~ ATPAGE ~/"~ RECORDED /c~-~? '~AND THAT IT IS A JOST AND TRUE C-OISY d)F SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THISc.>~MfL- DAYOF ~-~C-~'r'd3~__.t'~ 199~ CLERK UN[FORM FORM OF ACKNOWLEDGEMENTS Acknowledgement taken in New York State State of New York, County of ~~$: On the/~day of L.J L) c/ , in the year ~before me the undersigned, personally appeared personally known to me or proved to me on the basts of satisfactory evidence to be thc individual(s) whose name(s) is (are) subscribed ,o the within instrument and acknowledged to me that he/she/they executed the same in hix/her/their capaclty(ie~), and that by his/her/their signatures on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument- AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) withJn 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on )b~,-/4,~¥ ! 1999. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on 0c-2-¢~¢q¢ ~-/ 1999. CHE~STli'~E C. AN3ERSON Nomr / Public, State of New Ycrk No, 314239848 ~ Qa~fi~i~d in New Yor~ C~U~ ~J ~ uelnm,ss~on E~iro~ Jtme J 5. ~ PLEASE £ETU£N TI-IIS AFFIDA I/IT AND CERTIFIED M/iIL RECEIPTS ON TIlE DAY OF. OR ,4T TNE PUBLIC HE,4RIN[2 Re: Ifforfon SCTM#: Date of Hearing: Submission Without a Cover Letter Se.der: ~h~ %h/~ Subject: ~)~- ~tO~m~ ~_ L 8CTM#: 1000- 2~--~-l~.~ + Z~-I-~ [ Comments: NOV 0 '1 1~)99 Southold Town Planning Board that pu~uant to Arlic~ XXV of th~ code of the Town of $outbold, anil Section 276 of the Town Law, a pul~- lic hearing will be held by th~ Southold Town Planning Board, at the Town Hall. Main Road, Southold, New York in said Town on the 1st day of November, 1999 o~ the question of the following: 7:30 EM, Public hearing for the proposed lot line change for Keith Scott Morton and Pasquale An- thony Gemma, l~al~l ~1 ~ northwest ~orner of l~ing St. Old Farm Rd. and the south side Orchard St. in Orient, Town ill~ STATE'OF NEW YORK) )SS: COUNTY OF SUF~'OLK) L~J[CLf~ ~-, ~ I'{{ 't,~ of Mattituck, In said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- of Nh,, Voe~. sam coun~ ~r:~t~;~~ published, m s~d N~spaper once each ~,~*n.~[~~ I~ for ~ weeks s~ccessively, ~e pro~ ~ ~r~r~ on ~ ~encing on the ~ day noah by land now or fomerly Ro~ W. Sorenson, ~ ~d now ~ land now or fo~eriy of Ja~e Tsuchiya~ & Antony C. J~ Clerk now or fomerly ~ ~1 ~,~r., ~ ~ ~ ~ ~= ~ ~w~to ~exore me ' ~ EW YOEK .~,byl.ano.~,o~.riy~ /~// /////~ QUALIFIED IN SUFFOLK COUNW ~uaith~ana nowNi~°o~ ~blafo~cdy of~t'W~m ~ ~~. ~ ~ ~SSlON EXPIRES MAY 31~ by Park Area of Ba~ew Fa~ su~ division, and Old Farm Road; on the south by King Street; and on the west by land now or formerly of. Floyd F. King, .Ir. Revocable Trust, by land now or formerly of Edward J. Wright & Claire A. Wright, by land now or formerly of Oary L Tabor & Maureen E.Tabor, by land now or formerly of Roger T. Foster, Sr., by land now or formerly of Arthur H. Smith Sr. & wife, by land now or formerly of Ann N. Latham, and by land now or formerly of Robert C. Reeves Jr. and Marjorie E. Reeves. 7:35 EM. Public heating for the proposed lot line change for Richard B. Thatcher and M. Llewellyn Thatcher, located off a private road off East End Road, F'lshers Island, Town of Southold, County of Suffolk, State of York. Suffolk County Tax Number 1000-3-3-7 and FIDCO Lots # 19-lA, plo 19.2 & 19-lB. The property is bordered on the north by Fishers Island Sound and FIDCO Lot 19-1C; on the east by East End Road; on the south by East End Road; and on the west by land now or formerly of W. Mc-Comb & Susan K. Dunwoody. 7:40 P.M. Public hearing for the proposed amended site plan for Roy LoCascio, located on the co~- ncr of Hobart Ave. and M/m Rd. (S.R. 25), in Southold, Town of Sonthold, County of Suffolk, State of New York. Suffolk County Map Numbor 1000-62-3-7. The property is bordered on the north by Main Road (S.R. 25); on the east by land now or formerly of W. Smith; on the south by land now or formerly of ~rllcenski;and on the west by Hobart Ave. 7:45 EM. Public he,ring for the proposed site plan for Broadwater's Cove, located on Bay Ave. (Skunk L~ne) in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-104-8-2.5. The property is bordered on the north by Bay Ave.; on the east by land now or formerly of Wenk; on the southeast by Broadwatar'$ Cove; on the south by land now or formerly of Bubany;and on the by land now or formerly of Brickley, Dated: October 19, 1999 BY ORDER OFTHE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairm~n 1020-1TO21 PLANNING BOARD MEMB~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 19, 1999 Robert S. Hughes, Esq. P.O. Box 128 Greenport, NY 11944 Re: Proposed lot line for Morton-Gemma SCTM# 1000-25-4-11.4 & 1000-25-1-31 Dear Mr. Hughes: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 18, 1999: WHEREAS, this proposed lot line change is to subtract 0.15 acres from a 17.5912 acre parcel owned now or formerly by Keith Scott Morton; and WHEREAS, the 0.15 acres is proposed to be merged with a 0.48 acre parcel owned now or formerly by Pasquale Anthony Gemma; 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 as lead agency makes a determination of non-significance, and grants a Negative Declaration. BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, November 1, 1999 at 7:30 p.m. for a final public hearing on the maps dated August 10, 1999. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the si~lned green return receipts from the certified mailings on the day of, or at the public hearing. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman ~' PLANNING BOARD MEMBO BENNETT ORLOWSK/, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 18, 1999 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 Morton-Gemma SCTM#: 1000-25-4-11.4 & 26-1-31 Location: northwest corner of King St. and Old Farm Rd. and the south side of Orchard St. in Orient SEQRStatus: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This lot line change between Keith Scott Morton and Pasquale Anthony Gemma is to subtract 0.15 acres from a 17.5912 acre parcel and to add it to a 0.48 acre parcel. Page 2 SEQR Negative Declaration - Morton-Gemma October 18, 1999 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: John P. Cahill, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant Southold Town PlanninQ Board Notice to Adiacent Properb/Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed lot line change for Keith Scott Morton and Pasquale Anthony Gemma, SCTM#1000-25-4-11.4 & 26-1-31, located on the northwest corner of King St. and Old Farm Rd. and the south side of Orchard St. That the property which is the subject of this application is located in the R-80 zone. That the application is to subtract 0.15 acres from a 17.5912 acre parcel and to add it to a 0.48 acre parcel. (See enclosed map.) That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, November I, 1999 at 7:30 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southotd; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property: OWNER(S) OF RECORD: Keith Scott Morton and Pasquale Anthony Gemma NAME OF APPLICATION: Lot line change for above REFERENCE/TAX MAP #: 1000-25-4-11.4 & 26-1-31 SUBJECT OF HEARING:# to subtract 0.15 acres from a 17.5912 acre parcel and to add it to a 0.48 acre parcel. TIME & DATE I-W~AR1NG: Monday, November 1, 1999 at 7:30 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD ~ TOWN OF SOUTHOLD ~ (516) 765-1938 S16 F~os~t $~et P.O. Bo* 128 G*ee~o~, New Yo~.l, 11944 ROBERT S. HUGHES A~o~ney at La~r Tele~o,~e (5161 477-2700 F.~ (5161 477-0955 September 27, 1999 Southold Town Planning Board Southold Town Hall Main Road, Southold, NY 11971 MORTON-GEMMA LOT LINE CHANGE APPLICATION SCTM #s 1000-25-4-11.4 & 1000-26-1-31 BY HAND Dear Sirs, Enclosed are the forms, documentation and a check in the amount of Two hundred and fffiy ($250.00) dollars in support of a Lot Line Change application at the above mentioned tax map locations. I have included a copy of a Power of Attorney from Mx. Morton to me. In addition, there is a copy of the Contract of Sale. Please note Paragraphs 29 and 30 which give me the authority to represent both parties before the Planning Board. In reference to the affirmative responses to questions 4 and 5 on the questionnaire please note that SCTM #s 1000-25-4-11.4 is the subject ora Minor subdivision application which is pending before the Southold Planning Board and the Suffolk County Department of Health services. If you have any questions concerning this application, please feel f~ee to contact me. oben S. HugheS,/) SE? 28 Southold Town Planning Board LOT I NE 6HANGF' MOP. TON - ®EI'-dl,,1A SITUATE: ORIENT TOI/,IN.. SOUTHOL~ s[~, ~a',~~ ~ SUFFOLK. C, OUNT"r', N'r' hIAPPE~) 8-10-qq SUFFOLK OOUNTI* TAX I000 - 25 - 4 - 11.4 APPLICANTS: KeiLh ScoLL h4orton York, N.Y. I0001 Pasquole An~honU Gemmo 40 East 88~h S~ree~ Ne,q ¥ock, N.'~. O~chard Street Posqu~le Anf~honU Gemmo Penelope Buschm©n Gemmo Ohicogo TiNe Insuconce Polic~ ~ qqO801~20 AP.tEA MAP SCALE I"=SOO' L~ now or form¢~ of:. ?aequal~ Anl;hon,y G~mma Ola 5L~ 21,00~ 5.F. or 0.4b Aa, N~w 51ze 27491 ~,F, or O.E~ Aa bna now or forl.~e~ of:. ~lt~ ~ao~, Mort, on Old 51ze 7~g5.~7~ 5.F. or 17~912 N~ ~1~ ~97~ 5.F. or 17.~2~ JOHN C. EHLERS LAND 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 SURVEYOR N.Y.S. LIC. NO. 50202 REF.EAPROS\98-267S