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1000-20.-1-3.2
h"lAtOr- t t OF'E:tq. TY' PROPOSED "JOYCE P. TERRY 5ET-OFF" SITUATE: TOMN OF SUFFOLF- ORIENT SOUTHOLD COUNTY, NY re' N S AREA MAP $OALD I": ~}OOI 9, 22 SUPEOLk"-. COUNTY TAX ~'S I000 - 20 - I - 5.2 I000 - 20 - I 55 I000 - 20 - I - 5.4 SUPFOLK COUNTY HEALTH DEPT. SlO qq 0015 OMNERS - APPLICANTS: S.C. TAX LOT ~ 1000-20-1-52 ORVILLE TERRY ~ THE TOAN OP SOUTHOLD MAIN ROAD ORIENT, NY IIq57 S.C. TAX LOT 8 IOOO 20 I 5.5 JOYCE P. TERRY MAIN ROAD ORIENT, NY IIq~7 S.C. TAX LOT ~$ IOOO 20 I-5.4 EDMARD d. bIYSOC~.I MAIN ROAD ORIENT, NY I IqSl ,d e rise o d s NOT 10 SOALE APPROVED BY PLANNING BOAP. D TOWN O~: SOUTNOLD 0 PIPE FOUN~ .50' T'fPIOAL PLOT PLAN no': ~o 5c~ale TYPICAL NELL 6 EAST MAIN STREET .................................... RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 LA~ ~IL SURVEYOR N.Y.S. LIC. NO. 50202 PROPOSED "dO'fOE P, TERRY SET-OFF" SITUATE: TOIAIN O1' SUt=FOLI<. ORIENT SOUTHOLEP COUNTY', NY' N S P,Io Ira F~OOCl _,r~ 4?5 AREA HAp SCALE I"= ,SOO' SURVEYE'P Ol-21-qq Ah'IENDED 05 2q-qq 05-26 qq, 0~-02-.9000, oq O5-~OOO SUFFOLK COUNTY TAX lO00 - 20 - I - 5.2 IOOQ - 20 - I ~.5 I000 - ~0 I - ~.~ SUPPOL~ COUNTY HEALTH D~PT. SIO qq 001~ O~N~S APPLICANTS: $.C. TAX LOT :~ 1000-20-1 52 ORVILLE TERRY ~ THE TO/~N OF' 5OUTHOLD "dAIN ROAD ORIENT, N"* IIq57 TAX LOT ~ 1000-20-1-5.5 .JOYCE W. TERRY' PLAIN ROAD OI~IENT, NY I Iq57 S.C. TAX LOT ~¢ ]OOO 20-I-5.4 ED~IARD J ,dYSOC, KI HAIN ROAD ORIENT, NY' IIq57 CA TOWN OF souTHOL~_~._. TYPICAL PLOT PLAN house (Sgbjec~ ~o pe' TYPICAL ~ELL ®~APHIC SCALE I"= IOO' THE I,~TE~ E;UPPLY AND/OR 5EP~tA(SE DISPOSAL F:AGILITIE:5 ~ ALL LOT5 IN ~ 6 EAST MA~ ST~ET .................................... ~AD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S. LIC. NO. 50202 PLANNING BOARD MEMB BENNETT ORLOWSKI, JR. Chairman WILLLMM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 January 9,2001 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 RE: Proposed Set-off for Terry-Wysocki SCTM # 1000-20-1-(3.2-3.4) Dear Ms. Gould, The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, January 8, 2001: WHEREAS, this subdivision was approved by the Planning Board on November 13, 2000; and WHEREAS, the Suffolk County Clerk requested that certain technical changes be made to the map, which did not affect the set-off; be it therefore RESOLVED, that the $outhold Town Planning Board authorize the Chairman to endorse the final surveys dated November 10, 2000. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, , Bennett Oriowski, Jr. Chairman Cc: Tax Assessors Building Dept. PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI~KRD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2000 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: Proposed Set-off for Terry-Wysocki SCTM#1000~20-1-(3.2-3.4) Dear Ms. Gould: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 13, 2000: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated September 5, 2000. Conditional final approval was granted on October 23, 2000. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly you,~r~ ~, Bennett Orlowski, Jr. Chairman EncL Cc: Tax Assessors Building Department PLANNING BOARD MEMBEO BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO 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 SOUTItOLD October 24, 2000 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: Proposed Set-off for Terry-Wysocki SCTM#1000-20-1-(3.2-3.4) Dear Ms. Gould: The following took place at a meeting of the Southold Town Planning Board on Monday, October 23, 2000: The final public hearing was closed. The following resolution was adopted: WHEREAS, Joyce P. Terry is the owner of the parcels designated as SCTM~1000-20-1-3.2 & 3.3, and Edward J. Wysocki is the owner of the parcel designated as SCTM#1000-20-1-3.4, all on the north side of Main Road in Orient; and WHEREAS, the three separate tax parcels were created by the conveyance of a life estate from Terry to Wysocki and the sale of the development rights to the Town of Southold on 28.65 acres; and WHEREAS, the subdivision application shows the three tax parcels as one piece of property and proposes to create a 1.84 acre parcel and a 30.49 acre parcel on which the development rights have been sold on 28.65 acres and the development rights remain intact on 1.84 acres; 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 June 29, 1999; and Terry-Wysocki - Page Two - October 24, 2000 WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 23, 2000; and 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 September 5, 2000 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: 1. The termination of the scenic easement must be accepted by the Town. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman BOXES 5 THRU 9 MUST BI,', TYPED OR PRINTED IN HLACI~ 1NI(~ ONLY PRIO~ TO RKCORDING OR FILING ,I Sv,,1,oe,~ COUNT?r CL~-m~ 2 ] 'at;8,~2a I ,..,,,,, ~1733 i-~209 Sc,.l~l# JUL 14 19V5 .~--r~:c:~ -, ""'"'""""'""""'"'"""'"" Il ,t.,, , ,,,.,-,,,.,,. ?,.. ,,,.,.,, ~ i,.,.,,.,-,,,,,p,,,,~,,,,,.,,,,,. Ilandliuff .__ 1. Basic' Tax EA-SZI? (Counly) '- . Sub Total ' ? ' 3. Spcc,lAdd, I~A-$21'/(Stale).~'? '- .__ ~ TOT. MTO. TAX t } field for Appor~l,nmcnt Conml. of Kd. __ ~ .,..0Il_ ~~ / / k'~."~; J I ~,~ S.B.,, ,.,,~,, Lo, 2--.'b- -g~ Cu.il,~,,y 828 Fro~t Street TO ,~ Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain & Sale p~¢~c] nt:~de.by: (Deed, Mortgage, et~.) The premlscs herela is silunled ia SUFFOLI[ COUNTY, NEW YORK.. TO In the TOWN oF°uth°lcl In the VILLAGE or IIAMLET of Orient CONSULTYOUR LAWYER BEFORE SIGNING TJJi~ iNSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. BETWEEN JOYCE P. TERRY, residing at Main~R6fid ~O~ient EDWARD J. WYSOC~!, residing Main Road, Orient New York 11957, New York 11957, WITNESSETH, that tile party of tile first part, in coimidetalio~l of lei) dollars and olher vafilable co.si~k3ado. BEGINNING at a monument set at the southeast corner of the hereln described being where the norther]y line of NYS Route 25 intersects the westerly line of Greenway East and from said POINT OF BEGINNING rulming North 5 degrees 30 minutes 10 seconds West 297.26 feet; ~UNNING THENCE North 78 de~rees 55 m~nutes 0 seconds East ]00.00 feet; RUNNING TNENCE on a course perpe~]dicular ~o the last mentioned course a distance sufficie~t to reach the northerly l~e of NYS Route 25; RUNNING THENCE along said northerly ll~e of NYS Route 25 North 68 degrees 48 m~nutes 30 seconds East 100 feet, more or less, be~n~ that dlsta~ce sufficient ~o reach the POINT OF BEGINNING. TOGETIIER with all rigl,~, tide a,,4 i,,terest, ifa.y, of d,e p arty of d,e first paG i. ami to auy streets ..,(I roads abutting the above descrihed premises R) Ihe ceulcr liues Iherc~d'; TOGETHER with die appmtenances and all the estate a.d rights .fthe party of the first pad in and to said premises; TO IIAVE AND TO IIOLD Ihe JOYCE P. TERRY BARGAIN AND SALE DEED WlTII COVENANT AGAINST GRANTOR'S ACTS JOVCE P. TERRY TO EDWARD J. WYSOCKI Return by Mail to William H. Price, Jr. Esq. P.O. Box 2065 Greenport, New York 11944 t202 ' INDENTURE 10528 THIS INDENTURE, made this 6th day of October, 1988, between Joyce P. Terry. as Executrix of the Estate of Orville Terry. Deceased, residing at Main Road. Orient, N.Y. 11957, party of the first part. and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, ~ ~ having its office and principal place of business at Main Road, Town of · ~ Southold, County of Suffolk and State of New York, party of the second part. WITNESSETH,. that th.e party of the first part, in consideration - 'D.~,~s~/1000of Three hundred eighty five thousand Dollars, ($385.000.001, lawful "'. Seetion~'20j&tney of the United States, and other good and valuable consideration Biock01;¢t paid by the party of the second part, does hereby grant and release Lot~;0¢r~), unto the party of the second part, its successors and assigns forever, the Developmental Rights, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State Dkst. i000General Municipal Law, as amended, to permit, require or restrict the ~ectionb20; ¢ o use of the premises xcluslvely for agricultural production as that Block d3; ~'~ L~t005,0¢d term is presently defined in Chapter 25 of the Southold Town Code, and -----~Htqright to prohibit or restrict . the use of the rem ~ p ises for an $_~ ~.._p~.~-~ose other than agricultural product,on. ,o ~ .KF,~, TKX i~ th~ Town of Southold. County of Suffolk and State of New ..... .,~ parti~u ar v described on Schedule A. attached hereto and. made a part TOGETHER with the non-exclusive right, if any, of the party of the first part as to tile use for ingress and egress of aq._v~ streets and roads abutting:-"{he above described .premises to the center lines thereof. q P 203 TOGETHER with the appartenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned, TO HAVE AND TO premises herein granted unto the party of the second part, successors and assigns 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 incumbered 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 rights 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 for the same or any other purpose. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns of the party of the first part. to use the premises on and after the date of this instrument solely for the purpose of agricultural production. The definition of "Agricultural production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code as follows: "Agricultural production - shall mean the production- for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for ~rocessing or retail merchandising of such crops, livestock or~ivestock products. Land used in agricultural production shall also include fences, equipment storage bu'ldlngS, livestock barns. HOLD the its irrigation systems, and any othe~ structures used exclusively for agricultural purposes". The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Tow Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF. the party of the executed this deed the day and year first above written. IN PRESENCE OF first part has duly ATTESTED AND APPROVED James A. Schondebare Town Attorney THE TOWN OF SOUTHOLD STATE OF NEW YORK] COUNTY OF SUFFOLK] On this 6Lb day of October, 1988, before me personally came FRANCIS J. MURPHY, to me known, who being by me duly sworn, did depose and say that he resides at Old Main Road, Mattituck, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of said corporation; and that he signed his name hereto by like order. Notary Public ROBERT H. BERNTSSON NOTARY PUBUC, STATE OF NEW YOR~ HO. 49i47].7 · SUFFOLK COIJNTY 1ERM I~PIRi~ HOVEIdBER 23, 19..[? STATE OF NEW YORK] SS; COUNTY OF SUFFOLK] On the 6th day of October, 1988, before me personally came Joyce P. Terry, as Executrix of the Estate of Orville Terry, deceased, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public MARIE HANSEN DOYLE NotmT'Publlc. State ~f New Yo~k No. 4812331. Suffolk County Term Explm~ July 3]., 19. c,) I~ SCHEDULE A ATTACHED TO AND FORMING A PART OF INDENTURE FROM JOYCE P. TERRY, AS EXECUTRIX OF THE ESTATE OF ORVILLE TERRY, DECEASED, TO THE TOWN OF SOUTHOLD DATED: 'October 6, 1988 PARCEL 1 ALL that certain plot, piece, or parcel of land, situate, lying and being at Orient Point, in the Town of $outhold. County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main [State) Road, said point or place of beginning being the following 3 courses and distances and curves from the corner formed by the intersection of the northerly side of Main (State)Road with the westerly side of Greenway East: 1. South 68 degrees, 48 minutes, 30 seconds west 255.22 feet; 2. In a westerly direction along the arc of a curve bearing to the right having a radius of 994.0 feet a distance of 152.09 feet; and 3. South 77 degrees, 34 minutes, 0 seconds west 64.53 feet to the true point or place of beginning. RUNNING THENCE along the northerly side of Main [State) Road,' South 77 degrees, 34 minutes, 0 seconds west 275.0 feet to land now or formerly of Spencer Terry; THENCE along said last mentioned land, north 11 degrees, 05 minutes, 0 seconds west 2639.71 feet to the ordinary high water mark of the Long Island Sound. THENCE along the ordinary high water mark of the Long Island Sound, North 75 degrees, 33 minutes, 30 seconds east 451.82 feet to the and as shown on the "Green Acres" subdivision in Suffolk County as map No. 35q0; THENCE along said last mentioned map, the following 2-courses and distances: 1. South 9 degrees, 24 minutes. 0 seconds east 1809.0 feet; and 2. North 82 degrees, 24 minutes, 0 seconds east ~t19.50 feet to the westerly side of Greenway East; THENCE along the westerly side of Greenway East, south 5 degrees, 30 minutes, 10 seconds east:.~71.13 feet; THENC. E south 78 degrees, 55 minutes, O seconds west 495.87 feet; THENCE south 11 degrees 05 minutes, 0 seconds ease 357.15 feet to the northerly side of Main [State) Road at the point or place of beginning. PARCEL 2 ALL that certain plot, piece, or parcel of land, situ'ate, lying, end being at Orient Point, in the Town of $outhold, County of Suffolk and State of New York, more particularly Bounded and described as follows: BEGINNING at a point on the southerly side of Main [State) Road where the same is intersected by the land now or formerly of Spencer Terry; RUNNING THENCE from said point or place of beginning along the southerly side of Main {State) Road, the following 2 courses and distances and curves. 1. North 77 degrees, 34 minutes, 0 seconds east 27.90 feet; and 2. THENCE in an easterly direction along the arc of a curve bearing to the left having a radius of 1060.0 feet a distance of 29.51 feet to land now or formerly of Marion L, Edwards; THENCE along said last mentioned land, south 9 degrees, 02 minutes, 30 seconds east 2,075 feet more or less to the ordinary high water mark of Little Bay: THENCE in a westerly direction along the ordinary high water mark of Little Bay as it winds and turns to land now or formerly of Spencer Terry; THENCE along said last mentioned land, the following 9 courses and distances: 1. North 11 degrees, 56 minutes, 10 seconds west 760 feet more or less; 2. North 81 degrees, 53 minutes, 20 seconds east 115.65 feet; 3. North 25 degrees, 31 minutes, 30 seconds west 201.02 feet; North 18 degrees, 05 minutes, Lt0 seconds east 373.Lt7 feet; 5. North 4 degrees, ~15 minutes, 50 seconds east 2Lt0.83 feet; 6. North 6 degrees, Lt9 minutes, 10 seconds west 92.66 feet; 7. North 29 degrees, tilt minutes, Lt0 seconds west 285.52 feet; 8. North 75 degrees, Lt9 minutes, 0 seconds east 108.80 feet; and 9. North 9 degrees, 35 minutes, 20 seconds wesZ~ 183.99 feet t6 the southerly side of Main [State) Road at the point or place of beginning. GRANT OF Sr'ENIC AND COlqS~RVATION EASEMENT TIllS INDENTURE made th~s ~]day of ~T~gL~, ~974, by and between ORVILLE W. TERRY, r~sifling at Main Road,(no n~ber). 'town of Southold, Suffolk County, New York (the "grantor") ~d it.* TOW~ OF SOk. TIIOLD, a municipal corl)oratmn of the State of New YorL ~vt~ its office at [6 South Street. Grcenport. Suffolk County, New York (the consisting of 31 acres, more t~r less of ~rmland and water fronft on the north side of Route 25 in the Hamlet of Orient. Town of Southold~ Suffolk CounD, New~¥ork~ generally bounded northeri~ by Long l~l.and Sound: easterly by land now or formerly 6£Charles Ryder: 6outherI¥ Route 25; and westerly by land now or formerly of Spencer Terry. And a second parcel of land consisting of 10.25 acre6J m{ 7650 Containing 31 acres, more or less. : ' :: lb) No development of any kind ghat: be ~ermitted ' nor shall any commercial use except agricultural and horticultural uses be Icl No buildings or structures shall be p on the premises, i~ id) No gravel, sand. peat or other material. gravel or other materials be placed upon the premises. '_ ,[~- by writ. Ich instrument duly recorded in the Suffolk County'C??k's Office 10. Th~ burden of this easement shall run with the land ~t,~} ':~ci~ '".. TOWN OF SOOTHOLD STATE OF NEW YORK) ss. I COUNTY OF' SUFFOLKI municipal corporation and that he siR' STATE OF NEW YORK) -5- Ny m?G�eaabt;(�o.rdaef Johtlly prepated by(lie Real Property Section of the New York State Bar Association,(lie New Ydik Stale Land Title Association,(he Co nriduee on Real Property Lew of the Association of the Bar of the City of New York and tide Comriiltlee on Real Property Lew of(Ito New York County Lawyers'Associallon. WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW t"PLAIN LANGUAGE") CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION 'this contract form does not provide for what halipcm in the event of fire,or other casualty loss at condemnation before die title closing. UnIcss different provision h made In this contract,Section 5-1311 of the Ocnerai Obhaations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of die Prendscs before the title closing. RESIDENTIAL CONTRACT OF SALE Contract of,safe Itlade as of 1alula y� 1999 BETWEEN Joyce P. Terry by Jaques O.Preston, her attorney-in-fact Address: San Silnion Adult Home, County Route 48, Greeuport, NY 11944 Social Security Nwnber/Fed. I.D. No(s): hereinafter called "Seller" and Edward J.Wysocki Address: (No#) Main Road, Orient NY Social Security Nuhnber/Fed. I.D. No(s):� hereinafter called "Purchaser tfje parties Fjereby agree as foffows: 1. Premises. Seller shall sell and convey and Purchaser shall'pur- (b)by allowance for die principal amount unpaid on the existing chase the remainder interest and all of the remaining interest of(lie mortgage on the date hereof, payment of which Purchaser shall as- Seller not heretofore conveyed to the Purchaser, by deed dated some by joinder in ale deed: 5/25195 recorded in the Suffolk County Clerk's Office, in the prop- $ erty. together with all buildings and improvements thereon (collec- (c) by a purchase money note and mortgage from Purchaser to tively the "Premises"), more fully described on a separate page Seller: marked "Schedule A," annexed hereto and made a part hereof and $ also known as: (d)balance at Closing in accordance with paragraph 7: Street Address: (No A)Main Road, Orient, NY Tax Map Designation: 1000-020.00-01.00-003.004 4. Existing Mortgage. Deleted. Together with Seller's ownership and rights, if any, to land lying in 5. Purchase Money Mortgage. Deleted. the bed of any street or highway, opened or proposed,adjoining the 6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee") Premises to the center line thereof, including any right of Seller to shall hold the Downpayment for Seller's account in escrow in a seg- any unpaid award by reason of any taking by couticnulation and/or for regated bank account at North Fork Bank, Greenport Branch, any damage to tie Premises by reason of change of grade of any until Closing or sooner lerinination of this contract and shall pay street or highway. Seller shall deliver at no additional cost to Pur- over or apply the Downpayment in accordance with the terns of this chaser,at Closing(as hereinafter defiithed),or thereafter,on demand, paragraph. Escrowee shall (nor) (Delete of inlapplicable) (told the any documents that Purchaser may reasonably require for the convey- Downpayment in an interest-bearing account for the benclit of the auce of such title and the assignment and collection of such award or parties. if interest is held for the benefit of the parties, it shall be damages. paid to the party entitled to the Downpayment and the patty receiv- ing the interest shall pay any income taxes•lhereon. if interest is not 2. Personal Property. Not Applicable. All personal property, held for the benefit of the parties, the Downpayment shall be placed fixtures and appliances are the property of the Purchaser. in an IOLA account or as otherwise permitted or required by law. The Social Security or Pederal Identification numbers of the parties shall be furnished to Escrowee upon request. At Closing, the 3. Purchase Price. The purchase price is Downpayment,sliall be paid by Escrowee to Seller. if for any rea- son Closing does not occur and either party gives Notice(as defined in paragraph 25)to Escrowee demanding payment of the Downpay- payable as follows: utent. Escrowee shall give prompt Notice to the other party of such (a)on the signing of this contract, by Purchaser's check payable demand. If Escrowee dues not receive Notice of objection from to the Escrowee (as hereinafter defined), subject to collection, the such other party to the proposed payment within 10 business days receipt of which is hereby acknowledged, to be held in escrow put- alter giving of such Notice, Escrowee is hereby authorized and di- suant to paragraph 6 of this contract(the "Downpayment"): reeled to make such payment. If Escrowee does receive such Notice of objection within such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payinent, Es- crowee shall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable dao of(iu o<7odta-7. Fw-, fir.. Eey t r judgment, order or decree of a court. However, Escrowec shall have the right at any thne to deposit the Downpayment attd the inter- est thereon with die clerk of a court itt the county in which tile Premises are located and shall give Notice of such deposit to Seller aud Purchaser. Dpou such deposit or other disbursemeut in aecof dance with the terms of this paragraph, Eserowec shall be relieved attd discharged of all further obligatimls and responsibilities hereunder. (b) Tile parties ackuowledge that, although Escrowee is holdieg die Downpayment for Seller's account, for all other purposes Es- erowec is acting solely as a stakeholder st their request and for their eonvelfieuee and that Escrowee shall uot be liable to either party for any act or omission on its part mfless taken or suffered itt bad faith or itt willful disregard of this contract or involvbtg gross negligence on the part of Escrowee. Seller and Purchaser jointly attd severally agree to defend, indemnify and hold Escrowec harmless frmn against all costs, claims and expenses (including reasonable attor- neys' fees) incurred in cotmection with lite perfornlanae of crowee's duties hereuuder, except with respect to actions or dints~ sinna taken or suffered by Escrowee in bad faith or itl willful disre- gard of this contract or involving gross uegligeuce on the part of Escrowec. (c) Escrowee may act or refraiu frmu acting itt respect of any matter referred to herein in full reliance upon and with the advise of couusel which may be selected by it (including auy member of its firm) and shall be fully protected itl so aCthlg or refrainiug frmn action upon the advice of such com~sek (d) Escrowee acknowledges receipt of the Downpaymeet by cheek subject to collection and Eserowee's agreement to the provi~ sioos of this paragraph by signing itl the place indicated ou thc sig- nature page of this coutract. (e) Eserowee or auy lnember of its fiml shall be permitted to act as counsel for Seller in arty dispute as to the disbursenleet of the Downpay~nent 7. Acceptable Funds. All money payable under this contract, nu- less otherwise specified, shall be paid by: {a) Cash, but not over $1.000.00; (b) Good certified check of Purchaser drawn on or official check issued by any bank, savings bank, trust cotnpauy or savings and loan association having a banking office id the State of New York, uneudorsed attd payable to the order of Seller, or as Seller may otherwise direct upou uot less than 3 business days uotice to Purchaser; (e) As to mouey other than the purchase price payable to Seller at CIoshtg, rmcertilied check of Purchaser up to file amount of Five Iluudred ($500.00) Dollars; aud (d) As otherwise agreed to itl writing by Seller or Seller's attor- ney. 8. Mortgage Contingency. 9. Permitted Exceptions. The Premises are sold and shall be cou- veyed subject to: (a) Zoning and subdivisiou laws attd regulations, and landmark. historic or wetlands designation, provided that they are not violated by the existing buildings and improvenlents erected on the property or their use. Co) Consents for file erection of arty structures on, under or above auy streets ou which the Premises abut; (c) Encroaclnnents of stoops, arenas, cellar steps, trhn aud cor- nices, if any, upou any street or highway; (d) Real estate taxes that are a lien, but are not yet due payable; (e) The other matters, if any, including a survey exception, set forth in a Rider attached; {f) Any state of facts an accurate survey may show provlded that title is not rendered unmarketable thereby (Variations be- twecn fence, hedge and recurd lines of not more than 18 Inches shall be deemed not to render title unmarketable and purchaser shall accept such varlatinns); and (g.) Covenants, restrictions and easements of record, if any, affecting the premises, provided that they do not prohibit the malnteuance or present use of the existing structure. 10. Guvernnlental Violations attd Orders. (a) Seller shall comply with all notes or notices of violations of law or municipal ordi- nances, ordem or requirements noted or issued as of the date hereof by arty govermneutal department having authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises. The Premises shall be conveyed free of them at Closing. Seller shall furnish Purchaser with any authoriza- tions naeessary to make the searches that could disclose these mat- ters. 11. Seller's Representations. (a) Seller represeuts attd warrants to Pumhaser that: ti) Tile Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Pretnises aed has tile fall right, power aad authority to sell. Cmlvey aud transfer the same in aeaurdauce wiflt the terms of this contract; (iii) Seller is not a "foreign persou," as that term is definad for purposes of the Foreign luvestmeot in Real Property Tax Act, hlter- nal Revenue Code CIRC") Section 1~45. as atnended, attd rite regulations prolnulgated thereunder (collectively "PIRPTA"); (iv) The premises are dot affected by any exemptioes or abate- meuts of taxes; attd tv) Seller has been known by no other name for the past ted years, except NONE (b) Seller eoveuanta attd warrants that all of the representations attd warranties set forth in this contract shall be tree attd correct at Closing. (c) Except as otherwise expressly set forth itl this enetract, node of Seller's covenants, representations, warranties or other obliga- timls eoutained in this contract shall survive Closing. 12. Condltion of Property. Purchaser acknowledges and represents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based Oil Purchaser's owu inspection and investigation thereof, and that Purchaser is entering into this contract based solely upon such iuspectimt and iavestlgatim~ attd not upon any iofonnatinn, data, statements or representatious, written or oral, as the physical condi- tion, state of repair, use, cost of operation or ally other matter re- lated to the Premises or the other property included itl the sale, given or ulade by Seller or its representatives, and sball accept the sanle "as is" in their present condition and state of repair, subject to reasonable use, wear, tear aud natural deterioration betweaa the date hereof attd the date of Closing (except as otherwise set forth in para- graph 16(1), without any reduction in the purchase price or claim of any kiud for any change itt such eoudition by reason thereof subse- quent to the date of this coutract. Purcllaser and its authorized rep- reseotativea sball have the right, at reasonable thnes and upon rea- sonable notice (by telephone or otherwise) to Seller, to inspect the Premises before Closiug. 13. Insurable Title. Seller shall give and Purchaser shall accept such title as auy reputalde title cot. party doing business in Suffnlk County, except SCTIC, inc., sball be willing to approve aud insure in accordance with its standard form of title policy approved by the New York State Ipsurance Departmeut, subject mdy to tile matters provided fur in this coutraet. 14. Closing, Deed and Title. Ia) "Closing" means tim settlelllellt of the obligatinus of Seller and Purchaser to each other uuder this con- tract, illeludiug tile pay~neut of the purebase price to Seller aud tile delivery tu Purellaser of a bargain and sale deed with covenants against grantor's acIs in proper statutory short form for record, duly executed and acknowledged, so as to convey to Purcbaser fee silnple title to the Premises, free of all eucmnbrances, except as otherwise berets stated. Tile deed shall contaia a covenaut by Seller as ~equired by subd. 5 of Sectinn 13 of tile Lieu Law. (b) If Seller is a corporation, it shall deliver to Purchaser at the tinm of Closing Ii) a resolution of its Board of Directors authorizing the sale aud delivery of the deed, and (ii) a certificate by the Secre- tary or Assistant Secretary of tile corporatinn certifying suell resolu- fiou slid setting forth facts showing that the transfer is ill co~tforolity with the requirements of Seetina 909 of the Business Corporalinn Law. The deed in sucb case shall cmltain a recital sufficient to es- tablish compliance witi1 that Sectiou. 15. Closing Date and Place. Closi,g sball take place at the office of William H. Price, Jr.., Esq., 828 Front Street, Greenport, New York, on or about thirty (30) days from the date that ap- proval is oblained from the Souihold Town Plannblg Board to set off the subject property from olher properties of tile Seller. 16. Conditions to Closing. This COl]tract aud Purchaser's obligatioll to purchase the Pmrlises are also subject to and conditioned upoll the fulfillment of the folloWillg conditions precedent: Ia) Tim accuracy, as of the date of Closing, of tile representa- tiuns and warranties of Seller made itl this contract. ...... '*-'-" .......... " ..... ~'~" .... " .'¥. '-*.g'l~ (c) tile delivery by Seller to Purchaser of a dldy executed and sworn affidavit (ill form prescribed by law) claimiug exemptiou of the sale coutelnplated hereby, if sUCll be the case, uader Article 31-B of the Tax Law of the State of New York and the Regulations prom- (collectively the "Gains Tax Law"); or if suell sale shaft not be ex- ply ill a thnely inalmer with the requirelnents of the Gains Tax Law and, at Closing, Seller sball deliver to Purellaser Ii) all official retura showing no tax due, or (ii) an official retura aceompa~tied by a certi- fied or official bank cbeck drawu on a New York State bauking iustitutinu payable to the order of the New York State Deparbnellt of Taxation and Finauce in the amount of the tax showo to be thle thereon. Seller shall pay promptly any additiol~al tax that may be- come due under the Gains Tax Law, together with iuterest and peu- allies thereon, if any, which may be assessed or become due aRer Closiag, aud/or execute any other docmneats that ]nay be required in respect thereof and indemnify, defend and save Purchaser Ilann~ less from and agaiast ally of the foregoiug and any damage, liability, cost of expense (including r~sonable attorneys; fee) which may be suffered or incurred by ~rchaser by teases of the nonpayment thereof. Tbe provisio~tn of this subparagmpb (c) shall su~ive Clos- ing. Id) The delivery by Seller to Purchaser of a ceaification sating that Seller is opt a foreign ~rsou, wbieh ~ifieatioa shall be iu the farm then required by FIR~A. If Seller fails to deliver the afore- said ceRifi~tion or if ~mhaser is not eutitled under FIR~A to rely on such ce~ificatina, Purchase shall deduct and withbold from the purchase price a sum equal to 10~ thereuf (or any lesser amount permitted by law) aud shall at CIosiug remit the wititheld amouat with the required forms to the Interual Reveuue Settee. (g) If thc Premises are a oue or two family house, delivery by the panics at C]osiug of af~davits in compliaace with state and Incal law requirements to thc effect that there is ins~ficd in the Premises a (h) Tbe delivery by the panics of any other affidavits ~cquircd as a cooditioe of recording thc dccd. 17. Deed Transfer alld Recording Taxes. At Closing, certified or olficial bal~, or attorney's escrow elleeks payable to the order of tile appropriate State, City ur Cuunty officer in the amount of any applicable transfer aud/or recording tax payable by reason of tile delivery or recording of the deed ur mortgage, if auy, shall be deliv- ered by tile Purchaser to pay such transfer aud/or recording tax, together with any required tax r6turns duly executed and sworn to, and sacl] party shall cause any such checks a.d retu.t~ to be deliv- ered to the appropriate officer promptly after Closing. The obliga- tion to pay any additional tax or deficiency and any interest or pea- alties thereon shall survive Closing. 18. Apportlonmeuts and Other Adjustme.ts; Water Meter and 19. Allowance for Unpaid Taxes, etc. Seller has the option to credit Purchaser as an adjustment to the purchase price with the atnount of any uupaid taxes, assessments, water charges and sewer rea]s, together with any hltarest add penalties thereon to a date not less titan five business days after Clusiog, provided that official bills therefor cmnputed to said date are produced at Clusiog. 20. Use of Purchase Price to Remove Encumbrances. If at Closing there are other liens or eueumbraoees that Seller is obligated to pay or discharge, Seller may use aoy portion of the cash balaoce of the purchase price to pay or discharge them, provided Seller shaft shnultaueously deliver to I~trehaser at Closiog instn~meots in re- cordable form and sufficieot to satisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an alternative Seller may deposit sufficient Inoneys with the title insurance company employed by Purehaser acceptable to attd re- quired by it to assure their discharge but only if tile title iusuranee cotopany will iusure Purchaser's title clear of tile matters or iusure against their etfforcemeot out of the Prelnises add will iusure Pur- chaser's lustitutional Lender clear of such matters. Upoo ua]ice (by telephona or otimrwise), given not less thau 3 business days before CIosiog, Purchaser shall provide separate certified or official baok checks as required to assist itt nleariog up these ma]tars. 21. Title Examination; Seller's Inability to Convey; Limitations of Liabmty. (a) Purchaser shall order an examioatiou of title in re- spect of the Premises from a title emnpany liceosed or authorized to issue title iusuranee by the New York State lusurance Depa~neot or any agent for such title company promptly after tile execution of this contract or, if this cootraet is subject to tile mortgage contingency set forth in paragraph 8, after a mortgage cmmnitmeut has beeo accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be delivered to the attoruey(s) for Seller promptly after receipt thereof. (b)(i) If at the date of Closing Seller is unable to trausfer title to Purchaser itl accordance with this contract, or Purchaser has other valid grouods for refusing to close, whether by reason of liens, eu- cmnbrances or other objections to title or otherwise (hereto collec- tively called "Defects"), other thau those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other thau those which Seller has hereiu expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same add to close title without abatemeot of the purchase prier, thou, except as hereinafter set for]b, Seller shall have the right, as Seller's sole election, either to take such action as Seller may deem advisable to remove, re~nedy, discharge or comply with such Defects or to caoeel this contract; (ii) if Seller elects to take action to remove, remedy or comply with such Defects, Seller shall be entitled frmn time to thne, upon Notice to Purchaser, to adjourn the date for Closiug hereunder for a period or periods oat exceedlug 60 days iu the aggregate (but not exteodiog beyond the date upoo which Purchaser's mortgage coumfitment, if any, shall expire), aud tile date for Closing shall be adjourned to a date speei- fied by Seller not beyond such period. If for any reason whatso- ever, Seller shall not have succeeded ill removing, remedyieg or cmnplyiug with such Defects at the expiration of such adjourn- men]ts), and if Purchaser shall still be unwilling to waive the same and to close title without abatemeut of the purchase price, then either party may eaucel this contract by Notice to the other giveu within 10 days after such adjourned date; (iii) notwithstanding the foregoing, the existiog ~nortgage (mfless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released. discharged or otherwise cured by Seller at or prior to Closiug. (c) If this contract is canceled pursuant to its ]anus, other titan as a result of Purchaser's default, Otis contract shall tanniaata atnl crone to an end, add neither party shall have any further rights, obli- ga]taus or liabilities against or to file other hereundar or otherwise, except that: ti) Seller shall promptly refund or cause the Escrowee to refund the Downpaymeot to Purchaser and, mtiess canceled as a result of Purchaser's default or pu~uaut to paragraph 8, to rehn- burse Purchaser for the uet east of examlustlon of title, [nelodlng any appropriate additiousl charges related thereto, and the us] cost, if actually paid or incurred by Purchaser, for updating tile existing survey of the Premises or of a new survey, attd (ii) the obligatious under paragraph 27 shall survive the termination of this contract. 22. Affidavit as to ,ludgments, Bankruptcies, etc. If a title ex- aminatioo discloses judgments, baukruptcies or other returus against persons haviog names tile same as or shnilar to that of Seller, Seller shall deliver aa affidavit at Closing showing that they are not agaiust Seller. 23. Defaults aud Reumdies. (a) If Purchaser defaults hereunder, Seller's sole remedy shall be to 'receive and retaiu file Downpaytnent as liquidated damages, it being agreed that Seller's damages in case of Purehaser's default might be impussible to ascertain attd that rite DowHpayloeot eoustitutas a fair add reasonable amouut of da]nages under the circmustances and is not a penalty. (b) If Seller defaults hereuoder, Purehaser shall have such remedies as Purehuser shall be eotitled to at law or in equity, includ- lng, but ual Ihnited to, specific performance. 24. Purchaser's Lien. All money paid on account of this coutract, and the reasouable expeuses of examination of title to the Premises add of arty survey and survey iuspection charges, are hereby made liens on file Premises, but such lieus shall not cootinue after default by Purchaser udder this contract. 25. Notices. Aoy od]ice or other colmnmfication ("Notice") shall be itt writing add either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by regiS]fred or certified mail, postage prepaid, or (b) delivered iu persou or by ovendght courier, with receipt ac- knowledged, to tile respective addresses given ill this contract of tile party and lite Eserowee, to whom the Notice is to be given, or to such other address as such party of Eserowee shall hereafter desig- nate by Notice giveo to the other party or parties add the Eserowee pursuant to this paragraph. Each Notice mailed shall be deemed giveo on rite third busiuess day following tile date of mailiog rite same, except that arty notice to Escrowee shall be dec,ned given dilly upon receipt by Eserowee and each Notice delivered in persoo or by overuight courier shall be dec,ned giveu whoa delivered. 26. Nu Asslgmueut. This eau]tact ]nay ual be assigued by Pur- chaser without the prior writteu cousent of Seller ill each ins]suer and any purported assigmnent(s) made without such consent shall be void. 27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with ally broker in collection with this .,,~.,, ....... ~,,~,~" .... .,,~n ~.~..~.."-~'-- Seller and ~rehaser shall indem~fy aild defend each other against any costa, claims and expenses, including tire pa~ of any representatiou or agreemeut confined iu this para- graph. Tbe provisio~ of ~is paragraph shall su~ive Closing or, if Closing does not occur, ~e te~ination of this contract. 28. Miscellaneous. la) All prior understandings, agreemeuts, repre- sentations and warranties, oral or written, between Seller and Pur- chaser are merged in this contract; it completely expresses their full agreemeut and has been entered tutu after full invesffgatioll, neither party relying upon any statculcltt made by anyoue else that is not set forth in this contract. lb) Neither this contract nor any provision thereof may be waived, changed or canceled except in writing. This contract shall also apply to and bind the heirs, distributees, legal representative, sucaessors and permitted assigns of the respective paMies. The par- ties hereby authorize ffmir respective attorneys to agree in writiug to any changes ill dates and ffme periods provided for in this contract. lc) Auy singular word or term herein shall also be read as ill the plural and the neuter shall include ffle masculine and femi~tine gender, whenever tile sense of this contract may require it. (d) The captious it] this coutract are for conveuieuce of refer- euce only and in no way defiue, limit or describe the scope of this contract and shall ~mt be considered ill tile iuterpretaffous of this co~aract of auy provision hereof. (e) This contract shall not be biodiug or effective utltil duly executed and delivered by Seller and Purchaser. (0 Seller and Purchaser shall comply with IRC rept~rti~)g re- quirenlents, if applicable. This subparagraph shall survive Closing. (g) leach party shall, at ally time and from thne to thne, exe- cute, acknowledge where appropriate and deliver such further in- strumeuts slid documents and take such other action as may be rea- sonably requested by the other ill order to carry out fire iotant and purpose of tilis contract. This subparagraph shall survive Closing. th) This contract is intauded for ff]e exclusive beueflt of tim parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights ill, or be e~fforceable by, any other person or entity. 29. I'ernffssion to Set Off Property. 1'his cnntract is subject to and conditioned upon the Purchaser, al Purchaser's sole cost and expense, obtaining all necessary governmental approvals to divided ur set off the described property with such additional land as Is defined in "Schedule A" hereof with one hundred eigllfy (180) days from the date hereof. ~ IN WITNESS WHEREOF, fl~is contract has been duly executed by ~ Joyc~T'l~ry by James 0. Preston, a/i/f, Attoruey for Seller: William 1t. Price, Jr., Esq. Attorney for Purchaser: Jennifer B. Gould, Esq. Address: 828 Front Street, PO Box 2065 Greenport, New York 11944 Tel.: (516) 477-1016 Fax: (516) 477-0130 Address: PO Box 177 Grccnport, NY 11944 Tel.: (516) 477-8607 Fax: (516) 477-2601 Receipt of the Downpaynlent is ackuowledged and die undersigned agrees to act iu accordance with tile provisions of para- graph 6 above. Escrowee Schedule A All that ceflain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southotd, Comity of Suffolk and State of New York luore particularly bounded aud described as follows: Begimfing at a mouument set at the southeast corner of fl~e hereiu described parcel begiu wllere Ihe uortherly line of NYS Route 25 intersects the westerly line of Greenway East mai from said point of begimfiug Rumfing North 5 degrees 30 minutes 10 secouds West 297.26 feet; Rulming thence North 78 degrees 55 minutes 0 secouds East 100.0 feet; Rumfing thence on a course perpendicular to the last mentioned course a distance sufficient to reach the northerly line of NYS Route 25; Running thence along said northerly lille of NYS Route 25 North 68 degrees 48 arinutes 30 seconds East 100 feet, more or less, being file distance sufficient to reach the point of Beglmfing. Together with any additional property owned by file Seller coufiguous to the above described parcel as is required by file Southold Town Plamfing Board to set off tiffs property from the other property of the Seller but ill no event shall the prop- erty to be couveyed exceed two (2) acres ill area. Being and intended to be the remainder interest io the property heretofore conveyed to the purchaser by deed dated 5/25195 recorded iu the Suffolk County Clerk's Office in Liber 11733 page 209. Sketch plan approval ~ ~,~.~, -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location PROPOSAL 15 TO SET OFF A ACRE PARCEL FROM AN EXISTI ACRE PARCEL LOCATED ON IN SCTM# I000- SET OFF Co, mplete application received Appli'c'atio'h reviewed at work session Applicant advised of necessary revisions Revised submission received Notification to applicant to include on final map Sent ~.o County Planning Commission Receipt of County Report Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of set off -with conditions Endorsement of set off APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Tbwn of Soutbold: Tbe undersigned applicant hereby applies for (tentative) (final) app,'oval of a subdivision plat in accordance with Article 16 of tbe Town Lax,,- and the Rnles and Regulations of the Southold Town Planning Board, and represents and sta'tes as follows: 1. Tbe applicant is the owner of record of the land nnder application. (If the applicant is not the owner of record of the land under application, the applicant shah state his interest in said land under application.) The applicant is Edward J. Wysocki: owns a life estate. ~ihne the p, remises known as SCTM 1000-20-1-3.4 and is contract name of the subdivision is to be . vendee- -fen-. p'remi~es..desc.~i.bed., i.n ..... ..... .J. py..c.e...P. Terry Set-off Schedule "A" attached hereto. A copy ............................. '~f' ' t h'e' 'C 0wt racoc - t~f' 'saTe' 'is- · a.l-s o..a~et ached neret o., 3. The entire land under application is described in Schedule "A' hereto annexed. (Copy of deed suggested.) 4. The land is beld by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber 11733 ... Page 209 10715 202 Liber . ....................... Page ...................... to Liber ...... 7.81 .............. Page . .218 ................ Liber ........................ Page ...................... Liber ........................ Page as devised under the Last Will and Testament of ~ deed L 781 cp 218 into ~b~x"Dav£d"W"'Tmrr-y..~h~.die.4 ~/~/53 leaving premises to Orville W. Terry who died 12/24/86 (Suffolk County Probate ....... · i'l'e' '2 ~'4P'1'9~7 ).' l~ax-in~ · ~r e~ise~, t'o- .Joy. e e..P... -.T~ r.~y..as..~.£s ~.~iA~ e e 5, The area of the land is .. ·32...3.3 ..... acres.(SCTM 1000~20-1-3.2-3.3 & 3.4) 6. All taxes which are liens on the land at the (late hereof bare been pai~tx~ffpt ........ . 7. The land is ~A:/{~jl~di~X]f. r~ot..e~¢u.mber.ed .... mortgage (s) as folloxvs: .................................... 7-14-95 10-8-88 (sale of On '~eweTo~m~t..r~-~h~s iown o~ ~outhoio) On On (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. nnpald amonnt $ .................... held, by .............. address (b) Mortgage recorded in Liber ......... Page ............... of ['. ......i'. ..... nnbaid amonnt $ ~'iA~ ii J999 .............. held I)v' .............. address (c) Mortgage recorded ia Liber .............. Page ................ in original amonnt of .............. unpaid amount $ ...................... held by ...................... ...................... address 8. There are no other encumbrances or liens against the land except gr~gt Of..~.q~.n.x.' .c..0.nd conservation easement recorded at Liber 7650 page 234 5-24-74. 9. The land lies in the follo~ving zoning use districts R-80 residential low density - Current structures -- One story frame house with detached shed. ' ..... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise: t: rY x ................................................................................... I1. The applicant shall at his expense install all required public improvements. 12. The landx(~e~ (does not) lie in a Water District or Water Snpplv District. X_,~(~())~)[~(. X~c~,xi](~h~riC~CLDy[~XMX.' There is a well and cesspool, on the proposed set-off premises, both having been originally 13.%~rX~O~K~i~/ installed in the 1930's. LILC0/LIPA ' 14. Electric lines and standards will be installed by ......................................... lines. · ...... and (a) (uo) charge will be made for installing said 15. Gas mains will be installed hy ........ N. 9.~' .~.pp. 1..~cabl? ............ and (a) (no) charge xvill be made for installing said mains. ' ............... 16. If streets shown on the plat are claimed by tile applicant to be existing i)nblic streets in tile SuffOlk County [Iighway system, aunex Schednle "B" here~, to show same. 17. If streets shown on ~he plat are claimed by the applicant to be existing public streets' in tile Town of Soutlmld llighwav system, a~ ex Schedule"C' · - - hereto to shoxv sallie. 18. There are no existi!lg buildings or strnctures on the /ami which are not located and shown on the plat. 19. Where the plat sll.ws i)mp.scd streets which are extensions (ff streets on adjoinint~ sub- division maps heretoiore filed, there are ,o reserve strips at thc end o~ the streets on said existing mal)S at their cnnjunctions with the l)r.i).scd streets. 20. In tile cm~rse of these proceedings, thc apl)Ilea,t will -(for i)r()()i .[ tide :ts reqnir'~i by Sec. 335. of the R.eal Pmpqrty Law. . 21. Submit a COl)3- ~l ]Imposed deed for lots ;howing all ~'estricti.ns. covenants, etc.-.'\nnbx Schednle "D". / not applicable 22. The applicant estimates that tim cost of grading and required pnblic improvements ~vill he $..o....o.o.... as itemized, in Schedule "E" hereto annexed and reqnests that the maturity of the Performance Bond be fixed at .......... , ·.. years. The Performance Bond will be written by a licensed surety company unless otherxvise shown on Schedule "F". DATE March 11, 1999 Edward J. Wysocki (Name of Applicant) ................ Main Road, Orient, NY 11957 (Address) STATE OF NEW YORK, COUNTY OF... Suffolk ............................. , SS: On the ........ · .......... day of. March 19. .9.9, beforc me personally came Edward J. Wysocki ............................................ to me known to be the {ndividunl described in and who executed the foregoing instrument, and acknow{edged that ...h.e. ....... executed the same. STATE OF NEW YORK, COUNTY OF .... On the ................ day ............ of .............. , 19 ....... before me personally came ...................... to me kuown, who being by me duly sworn did de- Nme and say that ......... '... resides at No. ................................ that .......................... is the .......... the cr, rporatiou described in and u'hich execnted the foregoing instrument; that ............ knows the ,cai oisaid curporation; that the seal affixed hvorder (thehoard of directors oi said corporation. ami fi~:',t ............ signed .............. name thereto by like order. Notary Public ....... ' '; .... " SCHEDULE A (Metes and Bounds Description of Proposed Joyce P. Terry Set-Off) BEGINNING at a concrete monument said monument being South 68 degrees 48 minutes 30 seconds West from the southwest corner of the intersection of Main Road (State Road 25) and Greenway East an improved 50 foot wide town road; RUNNING THENCE from said point of beginning South 68 degrees 48 minutes 30 seconds West along the northerly line of Main Road (State Road 25) a distance of 249.79 feet to land of Joyce P. Terry; THENCE North 11 degrees 05 minutes 00 seconds West along land of Joyce P. Terry a distance of 338.29 feet to land now or formerly of Orville Terry and the Town of Southold; THENCE along land now or formerly of Orville Terry and the Town of Southold North 78 degrees 55 minutes 00 seconds East a distance of 267.94 feet to the land of Pettys Bite Association, Inc. THENCE South 05 degrees 30 minutes 10 seconds East, along the land of Pettys Bite Association, Inc. a distance of 297.26 feet to the point or place of BEGINNING. March 1!, 1999 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Joyce P. Terry Set-off Application SCTM 1000-20-1-3.2; 3.3; 3.4 The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk'County Planning Commission: (1) NO grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. /j.truly, ~ ' ~ki Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the 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? X~ No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? X~ No 3. Are there any building permits pending on this parcel? X~ No 4. Are there any other concerning this property before any other department or agency?(Town , State, County, 5. Is there any application pending before any other agency with regard to a different project:on this parcel? 6. Was this property the subject of any prior application to the Planning Board? applications pending etc. 7. Does this ProPerty have a valid certificat~ of occupancy, if yes please submit a copy of same Structures on premises were constructed No x~ in the 1930's. No No No I certify that the above statements are true and will be relied .~.Planni~ Board in considering this application. · d Signa~re~rop'erty owner or authorized agent date· Attachment to questionnaire for~.the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ~l~ day of March , 1~9_~_, before me personally came Edward J. Wysocki to me known to be the individual described in"and who executed the foreqoing instrument, and acknowledged that he executed the same. ~y Public 14-16-4 (2/87)~Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be comp(eted by Applicant or Project sponsor) ' t. APPLICANT/SPONSOR SEQR 2. PROJECT NAME Edward J. Wysocki oyce P. Terry Set-off Application '3. PROJECT LOCATION: ' Municipality Orient, Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or pr~3vide map) intersection of Main Road (State Road 25) and Greenway East, Orient, New York - legal description of proposed set-off parcel is annexed. SCTM 1000 - 20 -1'-3.4 and p/o 1000 - 20 - 1 - 3.3 (survey annexed). 5, IS PROPOSED ACTION: ~ New [] Expansion [] Modiflcallonlalteratlon 6. DESCRIBE PROJECT BRIEFLY: Applicant seeks to set-off 1.8 acres (80,044 square feet) of improved real property from existing 32.33 acre parcel in conformance with existing R-80 zone use district requirements. (Note: development rights on 2~.65 acres of this 32.33 acre parcel were conveyed in 1988 to Town ...... ..... to application. Initially ~ ~ acres Ultimately I _ RA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] No II No, describe bristly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? ~ Residential [] Industrial [] Commercial ~ Agriculture [] ParldForestlOpen space [] Other Describe: lB. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] YeS ~ No If yes, list agency(s) and permRlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes X ~] No If yes, list ~gency name and permiUappmval ' T 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes X~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE /99 Applicant/sponsor ~ Edward J. Wysocki Da~e: 3/ ~/ If the action Is In Ihe Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 pART II--ENVIRONMENTAL ASSESSMENT ('Fo be completed by Agency) No No No No No No e. IS THERE, OR IS THERE [JKELY TO CE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes X~'-~ No If Yes, explain briefly PART III--DETERMINATION.OF SIGNIF_!CANCE (To be completed by Agency) INSTRUCTIONS: For e~'cll adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show tllat 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 occu.c. T-hen proceed directly to the FULL EAF and/or prepare a positive declaration. ~-~ Check this box ii' you have determined, based on the information and analysis above and any support ng documentation, that tine proposed actfon WILL NOT result in any. significant 'adverse environmental impacts AND provide on attachments as necessary, the'r';asons supporting tinis determination: Southold Town Planning Board PLANNING BOARD MEMBE~ ~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 8, 2001 Jennifer Gould, Esq. P.O. Box 177 Greenport, NY 11944 RE: Joyce Terry Set-off DearMs. Go~d, I have recently been informed that the County Real Property Tax Agency and the Town Tax Assessors have been having problems with making the necessary tax map changes as a result of the Joyce Terry set-off The problem arises because although the Planning Board looked at the property as one parcel, the tax agendes saw three parcels. They cannot change the map when it disputes existing deeds. In order to solve the problems with the property, new deeds have to be filed for the parcels created by the set-off This should be done as soon as possible to prevent any problems from occurring. Please let me know if you have anY ~iuestions. Sincerely, Craig Turner Planner Robert Scott, Assessor Jack Sherwood, Assessor's Office SUFFOLK COUNTY CLERK'S OFFICE Edward P. ,qoma. zne., COUNTY CLEB[( Town of Southold Assessors v'Town of Southold Planning Board Chief Deputy County Treasurer TO WHOM THIS MAY CONCERN The ~ Minor Subdivision Was Filed: SCTM#: 100,0- 3,o File #: lO5-6o Major Subdivision Map of: Abstract #: Township: Southold Hamlet: ~'~ Very Iruly yours, Counly Clerk Map Deparlmenl rm No. 4 9 Submission Without a Cover Letter Date: Comments: JAN 0 5 21~1 Southold Town Planning Board Subutission Without a Cover Letter Setlrde~': DEC ! ~ 2000 Southold Town Planning Board TEL:6~i '477 2601 FAX LETTER P 001 TO: ~.~,':1 '-r,,, ,,,~ · FROM: Jennifer B. Gould, ~q. R~: ""fe~' r,,~ - ~,i~ocU -,,%'t- Off · TOTAL NU~ OF PAGI~$ INCLUDING l~llS PAG~'"'~. if!~e do not r~ive all of the ~ plat~ call ~ e~ ieee ~ Ix~ible, IMPORTANT NOTICE: Th~ infonnSl~ ocs'ltained ii ~iis famimilJ f~smmi~Sion IS ~ng ~ ~ a I~ ~ ~ m~y ~ In~ ~ I. ~vl~ ~m ~d. ~ ~ h ~ ~ ~ the mo ~ (~T -.,~ CCI1,E., ~A-,. £ENN':FER ~ ~;OULE z~Q TEL:631 47, 269~ PO02 O~EGO~,¥ F. YAI~O~KI TO~¢ ATTORNEY MA~¥ C, ASSISTANT TOWN ATTORNEY JEA~ W. COC~n~AN P.O. Bnx 1179 Telephone (~1) 765-1889 ~owna~rne~outh:Ld,or f OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: FROMI RE! DATE: Jennifer B. Gouicl, Esq. Mary ¢= Wilson. Esq. Assistant Town Atto,ney Joyca P Terry - scenic easement OotoCer 25, 2000 Following ia a copy of Town Board reiolution aateB October 24, 2000, that you reClUelte~l in regar¢l to the above matter. Pages, inclu~i;ng cover ___ 2 ~ Phone no.: 531-765-1859 Fax to: 477-2601 Fax no,: 63~-765-1623 PhOne nO,: 477-8807 ~nf;dential, ant ia inten~e~ g~ly for t~e Individual named above an~ ot~ who have ~en specifically au~orizgG to m~ivg it. If you a~ not the ~n~ded ~cJ~ie~t, you &m hereby not~led t~at any dissemin~io% dtstrib~on, or cogylno of ~is communication i6 ~Hctly Dm~lblte0. ~ you h~vg ~ceived thi& com~uni~fion in error, or if e~y p~Olems ~r with tra~s~i~s~g~ kindly contact the office gf ~e Souffiold TO~ A~rney at (~31~ ~5.1899. OCT ~5 'Oa ~Zr~SPM TOWm H~L ~ 755 P.1 REI~OLUTION - OCTOBER 24, ~000 WHIRIAI, the Town cf Soutnoid and Joy~e P. Tarry ae successor in interest he~ entered into a scenic and c, onsarvation easement for real property identified at $C:TIVr~ I000-2C-1.3 2 and part of 10~0-20-1-3.3, in Mai/, 1974; anti WHEREAS, the owner of the rea[ properly idarttiflecl above :lesires to dispose Of the property and has given ~he Town the first option of acquisition per paragraph WHEREAS, the Town of 8outnold haI sinci ic, quired the property through a purchate of deviiopment rights anO tl~irefore maintenance of the scenic end ~nsarvation easement woulcl Be redundant; and WHEREAB, the owner o* said property has terminated the sr.,onto oo~$arvation easement effective Oot'~ber 2.9000, therefore REBOLVED that the Town Board of the Town of 8outhold horsily rejectl any option to eoquTre the Sublect real property and; be it further RESOLVED that t~e T~vn Board of the Town of 8outhold, given that t~e property is protected from ~evsfopment, will not enforce any of the covenants end restrictions contained in saiC easement instrument for the remainder of its tsrm through Juni 1,2001. jAFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 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 Io1.~!2~o~ 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 Your name (print) Address Qualified in Suffolk Oount~ . Oommis$ion Expires Dec. $1r~00 / PLE,~$E RETURN 1-ii15 AFFIDAVIT AND CEI?TIFIED MAIL leECEIPI'$ ON TIlE DAY OF. O£ ,,~ T TIlE PUBLIC ttEAI~IIVG Re: Joyce P. Terry & Edward J. Wysocki SCTM#: 1000-20-1-(3.2-3.4) Date of Hearing: 10/23/00, 6:10 p.m. OL; f ¢ Zuuu $outhold Town Planning Board Southold Town Plannin,q Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of theTown of Southold for a set-off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-20-1-(3.2-3.4); 3. That the property which is the subject of this application is located in the R-80 zoning district(s). That the application is to set off a 1.84 acre parcel from a 32.33 acre parcel. The remaining parcel is 30.49 acres on which the Town has purchased the Development Rights on 28.65 acres. The property is located on the north side of Main Road, to the west of Greenway East, in Orient. 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 (631)765- 1938. That a public hearing will be held on the matter by the Planning Board on October 23, 2000 at 6:10 p.m. in the meeting hall at Southold Town Hall, Main Road, Southold; 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/Owner's Name(s): Joyce P. Terry & Edward J. Wysocki Date: October 3, 2000 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we cad return the card to you. · Attach this cald to the back of the mailpiece, or on the front' if space permits. 1. Article Addressed ~: Seeorient, LLC c/o Nora Conant P.O. Box 352 Orient, NY 11957 · Complet¢items 1, 2, and 3. Also complete item 4 if#Restricted Delivery is desired. · Print yo/~r name and address on the reverse so that~ve can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Diane Whitsit c/o Hope T. Gillispie 36505 Main Road Orient, NY 11957 Received by (Please Print Clearly) B. Date of Delivery oO delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] NO [] Yes If YES, [] No 3. Service Type [] Agent ' address different enter delivery address below: c [] No [] Agent [] Addressee D. Is delivery ~ [] Yes If YES, ~elivery address below: [] No · Complete items 1, 2, and 3. Also complete item 4 if ~testricted Delivery is desired. · Print yo~r name and address on the reverse so that ~e can return the card to you. · Attach t~is card to the back of the mailpiece, or on th~ front if space permits. 1. Article Addressed to: William L. & Marion Gibbs PO Box 85 Orie.nt, NY 11957 ~ A~ddret address different from item 1 ? [] Yes [] NO [] NO · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach ;~his card to the back of the mailpiece, or on t~e front if space permits. 1. Article/~dressed to: Peconic Land Trust PO Box 2088 296 'Hampton Road Southampton, NY 11968 A. Received Signature E~gent [] Addressee [] Yes if YES, enter deliver below: [] No ~ 3. Service Type · Complete items item 4 is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J o h~-~r h a r d t 2. Article Number (Copy from service label) P 549 794 404 C. Signature B. Date of ~)~ry [] Agent ~Addressee address different from item 1 ? [] Yes If YES, enter delivery address below: ~'~No 3. Service Type r~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, July 1999 Domestic Return Receipt · 102595-99-M-1789 Date of Delivery delveryaddressd'fferent from tern 17 [] Yes [] No enter delivery address b~low: Service Type ~l~ertified Mail [] Express Mail B. Date of Delivery l~.~ ~.~ ~ [] Agent r-I Addressee D. Is delivery address differ~r t fiorn item 1 ? [] Yes If YES, enter delivery ad~ress below: [] No 3. Service Type ~i~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C,O.D. 4. Restricted Delivery? (Extra Fee) [] Yes .... ,., oo~-¥, ~ 3~ Oomestic Return Receipt ~02595-99-M.1789 P 549 794 405 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) f~e~t~. & Jacqueline M. Strest & Number Laduca 47 Mai. ,gr. ~P~rnon, (~ 06066 P 549 794 402 US POS~ Servic~ Receipt for~Certifmed Mail No Insurance CoVerage Provided. Do not use for Ir~emational Mail (See reverse) s~tt°Donald Gancio ]m"~m~nvil Lane P 5~9 794 407 US Postal Servic{~ . Receipt fo~ Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) I~coni ,c Land _T_ r_u~st I 296 Hampton Road P 5~9 794 456 US Postal Servic~ Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) l~orient, LLC c/o t Post Office, State, & ZiP Code 7 Orient ~ NY 1195 P 549 794 420 US Postal Service Receipt for Certified Mail No Insurance Cove~a~[l~rovided. Do not use for Intemation~ail (Sae ~everse ~ L. & Marion Gibbs Istr~(~'Bo x ~ I ~" ~J~"e~t~ &, z'"Nc~~ 11957 P 549 794 490 US Postal Service Receipt for Certified Mail No lnsurance,P~?_erage Provided. Do not use for Int~onal Mail (See reverse ~t~rles P "~& June S t et umber Tufa.u §~ ~ergreen Ave. Certified Fee /,. (.( ~ Special Delivery Fee Restricted Delive~ Fee Return Receipt Showing ~o Whom & Dme~Delg~d, Re~Jm R~ p 5~t9 794 .491 US Postai ~ervic~ Receipt f_o~ Certified Mail No Insurance Coverage Provided. m b~l.J'S_e e ~e.v..e~s ~J ,. Sent to ~,~ ~: .... · .... Lois Patrscza man3-sca~l st&Nu r Post Office. State. ZIP C New Yor~, ~ 10009 ~a~ Delive~ Fee Rest~ Delive~ Fee Return Recei~ Sho~ng to ~ .' k g:': / . :. ,I ¸hi P 549 794 406 US Postal Service Receipt for Certifie~, Mail No Insurance Coverage Provide~, Do not use for [ntamational Mail ~ee reverse) ~t~ion L. Edwards 695 P~S~ Of f ice, State, & ZIP Code i ast Hamp~o,n,NY~ 119371 P 549 794 492 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for international Mail (Se~ reverse) I~t~ & Deborah Po~chman~n | Post Office, State, & ZiP Code -- - -- P 549 794 493 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not us~.fgr Intemat~Ral.~ait (S~e revyJe~s~) { Hooe T. Gillispie P 549 794 4~4 US Postal Service Receipt for Certified Mail No Insurance Coverage P~'ovided. Do not use for Intematioqkl Mail (See reverse) ~s~hn M. EbJ{rhardt ~ ~e~oN~e; e e n w a y West {'~rzent, ~ 11957 P 549 794 403 US Postal Service Receipt for Certified Mail No Insurance Do not use for Il sent'~tephen ,~. Kmetz, Street & Number 550 Oreenwa~ West o,-J e.t. /. TEL:631 ~7~ 260I JENNiI~R B, GOULD Aide.nj a~ Law 210 Mmi~ S~re~ P.O. Bo~ 177~ Gz~port. ~ 119~4 FAX LETTER ? COl DATE: TO: (%,~-u~ ~~. PI~,,~ ~o~d,_- FROM: Jenner B. Gould, E~. TO'I~AL R~v~IER OF PAGES INCLUDINO THIS P~E-__. ff~u do ~ ~ivc ~l of~v ~ pl~ ~1 ~s o~ ~ ~ ~ ~ible. ~ORT~ N0~: ~ in~li~ ~ ~ ~h~s ~]e ~l~ Is ~ ~c~ ~ · law o~ ~ I~vld~ ~ ~i~ n~ ~v¢. ffyou ~ n~ ~e intcnd~ ~lpi~ ~ ~ ~ ~ ~ ~c ~ di~rl~tJon, ~os~ or ~ng of~Js ~muni~i~ il pt~bi~ ~d m~ ~ ~sh~]c ~ ~p~lc JST,-13 COfflU) h~ 37 J=~X'FER ~ 'jOI.1D E~Q TEL:651 47' .601 ?,C'02 11752 ItgCOg. D & ]lEft,'ltN TO (AD.DRESS) II {ub Tul{I Suffolk County Recording & ~_ndorsement ~OLK ~U~, ~w Y~K -- mldo by: 73T,-15 01)tFRIi i6 07 6ENNiFER E 30ULE ESQ TEL:631 477 26~1 PC'OS NOTICE: THIS IS AN IMPORTANT DOCUMENT, BSFORE SIGNING DOCUMENT YOU SHOULD K~OW 'r~ IM~RTA~ ~ACTS. THE PURPOSE OF THIS POWER OF A~RNEY I~ ~ ~ ~E PE~ON WHOM YO~ DE$IGNA~ ~OUR ~GEN~ BRO~ P~ TO ~DLE YO~ PROPRR~ ~ICH ~Y I~CLUDK POW~q TO PLEDGE, SELL, OR ~ER~E DIaPO~E OF ANY R~L OR PE~ONAL PROP~R~ ~THOUT ~VANC~ NOT[CE TO YOU OR APPROVAL RY YOU. YOU ~Y SPECI~ THAT THeE ~O~ ~ST EVEN A~ER YOU DIALED, INCAPAC~ATED, OR iNCOMPETENT. THE POURS T~T YOU YOUR AGE~I' ARE ~P~INED MORE ~LY IN N~ ~ORK GENE~ OBLIGA~ONS ~W, ARTICLE ~, T~LE 1~, SECTIONS l~01A ~H~UGH ~ICH EXP~ESSL~ PERM.S THE US~ O~ ANY OTHER OR DIF~RE~ ~M O~ PO~R 0 F A~NEY DESIRED BY ~E PARTIES CONCERNED. THIS DOCUMENT ~S ~OT AUTHOP~ ~ONE ~ ~KE M~IC~ OR H~LTH DECISIONS FOR YOU. IF T~ERE i~ A~THING ABO~ ~IS ~O~ YOU DO ~OT UNDErSTAnD. YOU ~HOULD ~ A ~R TO ~P~IN IT IOU. OF A~'O~NEY purer ~0 A~lc]e ~, Titl~ 15 o~ thc O~ Ob~ti~m ~w: That 1 JOYCE P. ~RRY, ~sdi~ a: 3~41~ Rou~ 2~. Ogont, New York, 1 i9~7 do he~y appear: ~DWA~ J, WYiOCKI, res~ln/aL 3?7~ M~B ~, ~ent, N~w York, 119~7; OR JA~ ES O. PR~ON, rcaiding at 191 W~g~ ~un, V~rh~vtm~, N~ York 1'7186 Iii 2 or ~o~ p~r~al ~e ~ ~e ~i~ ~d ~ta with ~h ~nt ~ ~t ALO~ without ~u~8 the ~n~t or an~ ~her ~t appo~ in order m ~t, ~nsen ~he ~ame a~fl sddr~s ~ove of ~a ~e~t $EPARAT~Y ap~in~ and BE SU~ TO in~t the work "OR' ~w~ ~AC~ agee~ has COMPLETE ~wer ~ mci (if 2 ~ mo~ pcraonl ire lo bo ap~i~l~ ~jen~ to lol ~O~R and i~quirlnj the )OI~ ~n~t of ALL ~n:a ~OINTLY ap~in~d m~d BE Sg~ TO ins~a ~e ~ 'A~D" betw~o BV~RY d~iina6on o~ch ~) at~rney(i)-in*fac: TO ACT S~ARATELV ~cr co~ferred, iff t~di bhnk the word "S~AT~Y") (ff more, ~ oac a~ent ~ de~lgna~ and ~e prl~ w~ zt[ of the d~ignat:d ~cnts ~o~e~r to ~x~rci~ tim ~wer co, ferrY, in~?~ i~ mis btan~ ~e wo~ "/OI~LY") ./ TEb:631 477 26 1 P, C04 the ~rd "OR~, "AND", "S~ARA~LY", or ":~LY' us he et she is as~ to do a~t, the prin~;~l wilt ~ ~ :o t~ ~he ~nO dc~$nai~ A~ve ~ act Jointly~ ~ollowi~ ma~s ~ ~h ~ U~cin is de~ in Ti~e 15 of A~cle 5 of the New York 0cue~l ~liga~ons authority. (NO'lICE; The principal mt:{t w~-lte I~bl or l~or inltlnb In l~e em'rupondiell blank ~paca of a ~ below ibm ngulil) aulhorRf, lrthe blank s~ee ~ a b~ for a~ pa.l~lir subdiTision b NOT In~ne~ NO AU~ORITY ~LL a~ GR~1'~ rot mstle~ that a~ ~ud~ la that sab~v~lofl) (A) ' ' (1~) ~haU¢l and ~ooda transacdona; .............................. (¢) b~nd, share and commodity transactions; ............... CD) ~a~king itanlactlona; ~) b~in~ o~rating tr~s=ctln~; ............................. (~ insurance transa=t~o~', ........................................ (G) etta~e transactions; ................................................ (H) claims t~ lltigadon; ............................................ (1) personal relationships and affairs', ............................ (~) bene~t{ from military so.ice; ................................ (K) r~or~s, ~c~rLs and sta~menis; ............................. I2~;T,-!o (,0!FRI} I~ .,~ ~EXS,::=~E '3('L:LE ESQ TEL:651 4? =63x P005 full and uoqualified aothorLy to my e~orncy(s}.ia-facc to d~l~a~ any az all of the fo~goi~ powers to any p~rson or perlons whom my atrorney(i)-ia-fa¢~ shag select ................................. other makers; ................................................... if the blank ~paco ir* :he boa to 0,e riahl is b,.itialed by th~ pri~clp~l, this power ~I attorney s~ll no~ ~ affec~ by ~e subscquen~ di~bHi~ or incomp~ence of Ibc principal .............................. [O) The attorney named h~mm has th~ power to make gifts in the pact~m I have used during my lifetime ...................................................... [ ] ~o Ind~ any thl~ pa~y to a~ hereunder, I hereby n&~e t~ i~y ~lrd ~y recelvin[ a du)y ~ecuted oopy or fauimiie O~ ~5 Imtrume~ ml~ a~ h~u~tt, ~ ~at tho rev~lon ~ third ~ny lm~l~ relMd on the prov~J~ arab ~mtnt, ,~Le of Ncw York O~ Novetnbet 2, 19)5 before me ~tlo~y ~me JOYCE P, T~Y m me ~own to be thc individual ~rib~ In ;nd who cx~u~ ~e for~goiPl lna~mont, ~d ~w~g~ that s~e ex~u~ NMI/V/ilk*Mi& Itllt M #M/y~rk JENNIFER B. GOULD Attorney at Law 210 Main Street · P.O, Box 177 · Greenport, New York 11944 Telephone 631-477-8607 - Fax 631-477-2601 October 10, 2000 Mary Wilson, Esq. Assistant Town Attorney Town of Southold PO Box 1179 Southold, NY 11971 RE: Joyce P. Terry with Town of Southold Termination of Easement (SCTM # 1000-20-1-3.2, 3.3 & 3.4 Dear Mary: Enclosed please find a copy of the certified copy of the second termination of easement with respect to the above premises (lot 2 (30.49 acres)on the proposed subdivision) which was recorded today in liber 12076 pg 733 in the Suffolk County Clerk's Office. If you have any questions regarding this matter, please do not hesitate to contact me. enclosure cc: Craig Turner, Southold Town Planning Board OCT 12 20O0 Southold Town Planning Board 12076 733 Number of pages TORRENS Serial # Certificate # l'rior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 4 ] FEES RFCORnFn OOOCTIO Pit 2:06 EDWARO l', ;d~iIAINE CLEI~t~ UF SUFFOLtl COUNTY Recording / Filing Stalnps Page / Filing Fee //,~ -- TP-584 EA-52 17 (County) Sub Total EA-5217 (State) Comnl. of Ed. 500 Affidavit Certified Copy Reg. Copy Sub Total Other -- GRAND TOTAL Real Prope~y Tax Service Agency Verification Dist. Section B lock Lot Stamp Iooo oZoc~o D 1<90 Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County.__ tleld 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. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved __ Satisfactions/Discharges/Releases List Property Owners Maili~ RECORD & RETURN TO: TO Vacant Land TD TD TD made by: Title CompaRy In for:natiOn Title # Suffolk County Recording & Endorsement Page Thispageformspartoftheattached "-h~m,,~',a,,,~ 0-(' e'as.ev~,,n; (SPECIFY TYPE OF INSTR~ ) ~Ihe premises herein is sit.ted in SUFFOLK COUNTY, NEW YORIL In the Township of In the ~iLLAOE or HAMLET of 0 r,~,q-~ BOXES 5 THRU 9 MUST BE TYPED OR PPd NFED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) TERMINATION OF SCENIC and CONSERVATION EASEMENT THIS INDENTURE, made this ~ day of September, 2000, by DECLARANT, Joyce P. Terry, residing at San Simeon By the Sound, 61700 County Road 48, Greenport, Town of Southold, County of Suffolk, New York fo~ the purpose of terminating the scenic and conservation easement agreement entered into by the DECLARANT'S predecessor-in-interest, Orville W. Terry and the Town of Southold, on the 22nd day of May, 1974 and recorded in the Suffolk County Clerk's Office at Liber 7650 page 234, in which said agreement burdened the premises described in Schedule A attached hereto, and WHEREAS, said agreement set forth in paragraph 9 as follows: "All the covenants, conditions, reservations, restrictions, easements and provisions of this agreement shall continue and remain in effect until the 1st day of June, 1984, at which time all of the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before the 31st day of March, 1984 or sixty (60) days prior to the end of any such extension period, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same." and WHEREAS, the DECLARANT desires to terminate said covenants, conditions, reservations, restrictions, easements and provisions of said agreement with respect to the premises described in Schedule B attached hereto. NOW THEREFORE, the DECLARANT hereby gives notice to the Town of Southold, its successors, heirs and assigns, that the covenants, conditions, reservations, restrictions, easements, and provisions contained in said scenic and conservation agreement referred to above, are hereby terminated with respect to the premises described in Schedule B attached hereto. J~?'7~-p. TE17,_.R~/, by Ja~). Preston, her attorney-in-fact C/ t - STATE OF NEW YORK) COUNTY OF t2.c~( ) ss.: On thez day of Septemb~ in the year 2000 before me, the tmdersigned,~ m, ad~b~id-8ta~e~ersonally appeared James O. Preston, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individualac)ed, executed the instrument. Notary 15ublic ! LAUREN C. HATCH Notary Public, State of New York Ne. 01 HA4889056 Qua;died ,n restrictions, easements, and provisions contained in said scenic and conservation 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, DEEDLIBER /°~9~7~ ATPAGE '~--~"~ RECORDED /~'/ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASENIEN_[ AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS / ~ DAY OF ~ ' .,'~ / ' '~' '" CLERK ~ofwhch ~e ~vid~a~d, executed the ~t~ent. ~UREN C. HATCH Nota~ Public, State of New York No- 01 HA4889056 Qualified m Alba~ TITLE 00-3704-25970.SS SCHEDULEA ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main (State) Road distant 32.60 feet westerly as measured along the northerly side of Main Road from the corner formed by the intersection of the northerly side of Main Road and the westerly side of Greenway East; RUNNING THENCE along t he northerly side of Main Road the following three (3) courses and distances; 1) South 68 degrees 48 minutes 30 seconds West,. 255.22 feet t0 a point; 2) Westerly along the arc of a curve to the right, having a radius of 994.00 feet and a distance of 152.09 feet to a point; 3) South 77 degrees 34 minutes 00 seconds West, 339.53 feet to land now or formerly of the Estate of Spencer; THENCE North 11 degrees 05 minutes 00 seconds West, along the last mentioned land, 2639.71 feet to the Long Island Sound; THENCE easterly along the Long Island Sound, along a tie course of North 75 degrees 33 minutes 30 seconds East, 451.82 feet to the Map of Green Acres, filed in the Suffolk County Clerk's Office as Map No. 3540; THENCE along the last mentioned land the following three (3) courses and distances; 1) South 9 degrees 24 minutes 00 seconds East, 1809.00 feet to a. point; 2) North 82 degrees 24 minutes 00 seconds East, 419.50 feet to a point; 3) South 5 degrees 30 minutes 10 seconds Esst, 768.39 feet to the northerly side of Main Road, the point or place of BEGINNING. 12076P[ 733 SCIIEDULE B All that.certain plot, piece, or parcel of land, with the buildings thereon erected, situate, lying aud being at Orieut, iii lbe Towu of Sonlhohl, County of'Suffolk and Siale of New York bounded and described as follows: BEGINNING at a mcmumc,st on rite nm:lbedy line of New York State Roule 25 (Maiu Road) at lite boundary line betweea the subject properly and hinds now or forln~rly of Wbisit and AIFord, and ~rom said point o~ beginning, running thence North 11° 5' 00" West 2,6,10.00 feet, more or less, 'to the ordina~ high walcr nmrk of Long Island Sound; .' RUNNING TItENCE oft a lie line conrse along tile ordinary high waler tnark of Long Island Sottnd North 75° 33' 30" East, 451.82 feet to Ibe westerly line of a certain subdivision known as "Green Acres at Orieot;" RUNNING TIIENCE along said snbdivision known as "Grceu Acres at Orient," tile following three courses sad dislances: (1) South 9° 24' 00" East, 1,809.00 feel, more or less; (2) North 82° 24' 00" Easl, 419.50 feet; (3) Soulh 5° 30' 10" East, 471.13 feet; RUNNING THENCE along lands of lite Seller to be conveyed 1o Wysocki tile following two courses and distances: (1) South 78° 55' 00" West, 267.9,1; (2) South 11° 05' 00" East, 338.29 feet to lite norlberly line of New York Slale Ronte 25 (Main Road): RUNNING THENCE aloag said aorlhe,'ly linc of New York Slate Route 25 (Main Road), Sot, ih 67° 48' 30" West, 12.43 feel; ' ' RUNNING TIIENCE fitrther along said New York Slate Route 25 (Main Road), along a curve ri,rating:' in a weslerly directiou baying a radius o~:.994, feet, a distance along said arc 152.09 feet; RUNNING TItENCE filrther along New York Slate Route 25 (Main Road), South 77° 34' 00" West 339.53 feet to the point of place of BEGINNING. PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO 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 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public headng will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 23rd day of October, 2000 on the question of the following: 6:00 P.M. Public Hearing for the proposed lot line change for Charlotte Dickerson/Gregory & Catherine Steadman. The property is located on Sound Avenue, to the west of Factory Avenue, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-122-2-6 & 24. 6:05 P.M. Public Hearing for the proposed lot line change for Harry & Lorraine Broom. The property is located off of Peninsula Road, on the Inner Bay of West Harbor, on Fishers Island, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-10-3-14, 15 & 25. 6:10 P.M. Public Hearing for the proposed set-off for Joyce Terry & Edward Wysocki, The property is located on the north side of Main Road, to the west of Graenway East, in Odent, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 20-1-(3.2-3.4). Dated: 10/4/00 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 12, 2000 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Suffolk Times Traveler Watchman I.,E~AL NO'i'I~ Not,ce ot Pablk NOTICE IS ~BY GIVEN ~ ~.~ ~ 276 of~ T~ ~w, a public h~ Will ~ held by ~e ~u~old To~ Planning BO~, at ~e To~ ~1, M~ R~ S~oI~ N~'Yo~ ~' ~d To~ on &e 2~ ~y 6f ~o~, 2~ on ~e qu~tion 9f~e ~ollo~g: 6:~ P~M. ~blic H~ for ~e pm~ 19t l~ c~ge fo~ ~1o~ S~n. ~'p~ ~ 1~ on Sold Avenue, ~ ~ W~ of F~ Arena, ~ Ma~mc~ To~ of ~u~l~ ~ of Suffo~ S~ of ' N~ Y~ S~o~ ~ T~ Map N~ 1~-122-2~ &24. ~ I~ I~ c~ ~r ~ & ~ off of P~la R~ ~ ~e ~er ~y ofW~t ~r, ~ F~ h~ ~ of S~o~ Sa~ of N~ Yo~. S~o& ~W T~ Map N~r 1~-1~3-14, 1~ 6:10 P.M. ~blic H~ for~ pm~ ~ff for Joy~ & Edw~ Wy~. ~ pm~ is I~M on ~e noontide of M~ R~. ~ ~e w~t of ~y~t. ~ ~en~ ~ of S~o~ S~ of New Yo~. S~o~ ~ T~ Map N~r 1~-20-1 ~3.2-3.4). Da~: I 0/4/~ BY O~ER OF ~E SO--OLD ~ p~. N~ BO~ Be~ Orl~. Jr. Cha~ 1570-ITO12 STATE OF NEW YORK) )SS: COUNTY qF SUFFOLK) ~ ~"(~.~ (~.Li.c~'~L~/~.~ of Ma~ituck, in said count, ~ing duly sworn, ~ys that ha/she is PHnclpal clerk of THE SUFFOLK TIMES, a w~k~ n~spa~r, published at Maffltuck, in the Town of ~uthold, Coun~ of Suffolk and S~te of N~Yor~ and that the Notice of which the annexed is a printed copy, has b~n regularN published in ~id N~s~per on~ each week ~r ~ w~ks succe~ive~, commencing oD the ~ day of ~c~( 2000 Principal Clerk Sworn to ~fore me this day of ~ ~C 20 ~RI~T.~ ~.01~ PI.~qNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO 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 October 3, 2000 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: Proposed Set-off for Terry-Wysocki SCTM#1000-20-1-(3.2-3.4) Dear Ms. Gould: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 2, 2000: BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, October 23, at 6:10 p.m. for a final public hearing on the maps dated September 5, 2000. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Office, Southold Town Hall. Please return the endorsed Affidavit of Posting and the signed green return receipts from the certified mailings on the day of, or at the public hearing. The sign and the post will also need to be returned at your earliest convenience after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encls. Southold Town Plannin,q Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of theTown of Southold for a set-off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-20-1-(3.2-3.4); 3. That the property which is the subject of this application is located in the R-80 zoning district(s). 4. That the application is to set off a 1.84 acre parcel from a 32.33 acre parcel. The remaining parcel is 30.49 acres on which the Town has purchased the Development Rights on 28.65 acres. The property is located on the north side of Main Road, to the west of Greenway East, in Orient. 5. 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 (631)765- 1938. 6. That a public hearing will be held on the matter by the Planning Board on October 23, 2000 at 6:10 p.m. in the meeting hall at Southold Town Hall, Main Road, Southold; 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/Owner's Name(s): Joyce P. Terry & Edward J. Wysocki Date: October 3, 2000 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) within I 0 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 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 Your name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT AND CERTIFIED MAIL RECEIPTS ON TIlE DAY OF. OR AT TIlE PUBLIC HEAl?lNG Re: Joyce P. Terry & Edward J. Wifsocki SCTM#: 1000-20-1- (3.2-3.4) Date of Hearing: 10/23/00, 6:10 p.m. § 58-1 NOTICE OF PUBLIC ~NG Chapter 58 NOTICE OF PUBLIC HEARING § 58-1 § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providlngnotice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is cemplete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period proscribed by law. B. By roquiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought theroby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which 'abuts and e~.ry property which is across from any public or p~ivate street 5801 § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. TERRY/WYSOCKI TERRY/WYSOCKI 1000-20-1-(3.2-3.4) Set-off a 1.84 acre parcel from a 32.33 acre parcel. The remaining parcel is 30.49 acres on which the Town has purchased the Development Rights on 28.65 acres. MON. - OCTOBER 23, 2000 - 6:10 P.M. JENNIFER B. GOULD Attorney at Eau: 210 Main Street · P.O, Box 177 · Greenport, NewYork 11944 Telephone 631-477-8607 · Fax 631-477-260! September 19, 2000 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board PO Box 1179 Southold, NY 11971 RE: Proposed Set-Off for Joyce P. Terry and Edward J. Wysocki Premises: north side of the Main Road, Orient, NY SCTM #'s 1000-20-1-3.2-3.3&3.4 Dear Mr. Orlowski: I am pleased to enclose five paper prints of the final map and 4 mylars for the above- referenced set-offapplication which have been approved and stamped by the Suffolk County Department of Health Services. Please let me know when a final public hearing will be scheduled in this matter. Thank your for your patience. enclosure Hand-delivered to the Planning Board Office on 9/19/2000 2000 Southold Town Planning Bom'd PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO 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 May 23, 2000 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: Proposed Set Off for Orville Terry, Joyce Terry & Edward Wysocki SCTM#1000-20-1-3.2,3.3,3.4 Dear Ms. Gould: The following resolution was adopted by the Southold Town Planning Board at a meeting held on May 22, 2000: RESOLVED that the Southold Town Planning Board grant a retro-active one year extension of sketch approval from December 28, 1999 to December 28, 2000. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman JENNIFER B. GOULD Attorney at Ltv 210 Main Street · P.O. Box 177 · Coreenport, New York 11944 Telephone 631477-8607 · Fax 631-477-2601 May 1,2000 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 RE: Joyce P. Terry Set-OffApplication SCTM O's 1000-20-1-3.2, 3.3, & 3.4 Dear Mr. Orlowski: The Planning Board gave conditional sketch plan approval for the above application on Jtme 28, 1999. Mr. Wysocki and I are working diligemly with the Suffolk County Health Department to obtain the necessary approvals. As of today, I have forwarded the covenants required by the Health Department to Supervisor Cochran for her approval and signature. However, I would respectfully request an extension of time for submission of the final maps, because I don't foresee obtaining final Health Department approval for at least three to six months. Thank you for your consideration in this matter. Very truly yours, ~-- j~. ~d~ cc: Edward J. Wysocki SoUthO~d Tt:)x~:~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT U, OAfFNEY SUFFOLK COUI~Y executive July 13, 1999 SIEPHEN M, UONES. A.I.C.P. DIRECTOR Of PLANNING Mr. Bennett Oflowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Plat Name: Tax Map No.: SCPD File No.: Joyce B. Terry Set off 1000-20-1-3.2, 3.3 and 3.4 S-SD-99-04 Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. APF:cc Sincerely, Stephen M. Jones, AICP Director of Planning Andrew P. Fre eng, Principal Planner JUL 1 5 1999 Southold Town Planning Board LOCA]]ON MAILING ADDRESS H. LEE DENNISON BLDG. - 41iH FLOOR · P.O. BOX 6 I O0 · (5 I 6) 853-5 190 I O0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I I ?88..0099 TELECOPIER (.5 I 6) 853-4044 JENNIFER B. GOULD Attorney at Law 210 MAIN STREET EO. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fax 516-477-2601 June 29, 1999 Ms. Melissa Spiro Southold Town Pla~ing Board P.O. Box 1179 Southold, New York 11971 RE: Joyce P. Terry Set-Off"Application SCTM #'s 1000-20-1-3.2-3.3 & 3.4 Dear Melissa: Enclosed please find the disclosure form and letter of authorization signed by James O. Preston, attorney-in-fact for Jo¥ce P. Terry, in the above matter. Should you have any questions, please do not hesitate to contact me. enclosure cc: Edward J. Wysocki Very truly yours, Jennifer B. Gould JUN 3 0 Southold Town Planning Board ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~ARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTBOLD TOWN BOARD HELD ON JUNE 22. 1999: RESOLVED that the Town Board of the Town of Southold hereby directs the Town Supervisor, Jean W. Cochran, to execute the Community Preservation Fund Transfer Tax Return to permit Joyce W. Terry to file a document with the County Clerk canceling a conservation easement on the parcels of property known as Suffolk County Tax Map # 1000-20-1- p/o 3.003 & 3.004. Southold Town Clerk June 22, 1999 Southoid Town Planning Board Planning Board Town of Southold Main Road Southold, NY 11971 RE: JOYCE P. TERRY SET-OFF APPLICATION Gentlemen: The undersigned, being the owner of premises located at Main Road, Orient, New York, and designated on the Suffolk County Tax Map as District 1000, Section 020, Block 01, Lots 003.002, 003.003 and 003.004, does hereby authorize the submission of the above- referenced set-off application by applicant, Edward J. Wysocki, or his attorney, Dated: June ~0 , 1999 [ ~ JOYCEP. TERRYby f James O. Preston, Attorney-in-Fact The ?gwn of Sou[hold'8 Code o.~ E[hlcs p[ohib[ta conflicte of Interest on the part of [cwo o~flrers and employees. Tits alert the town o~ possible cos~cts cE ~nterest and allow tt to take wha[ever action Is necessary to avoLd same. name, middle initial, unless hpp[ovaL ce pLat~ce p. Terry Set-Off" application Describe tile relationship be[ween you£self (tile applicant) and the town officer or employee. Et[her che~k the appropriate line ~) [brough D) and/or describe tn the space provided. parent, or child is (check att [hat apply), A) the owner of greater [ban 5% cE bite shares cE kite DESCRIPTION OF RELATIONSI[II~ attorney-:Ln- fact The Towo of ,qouLbold'e Code of Ethics prohibits confliots of ~;~e~eet on tile Fart of toun officers and employees. The pur@ose og th[$ form Is to provide hlgormation which call alert tits tows of possible conflicts of Interest and allow (Last name, ~irst name, middle initial, unless 'Pax grievance Varianoe Change of zone Approval Of plat __ Exemption from plat or official map other (If "Other," name tits activity.) Do you personally (or through you~ company, epouaef sibling, ,N. ame of persolt eaip].oyed by the TO.Il of Soutbold {_~O-ne~ [j(~-I~' Pitts or position of thag person ~l ~~ Describe the relationship betweee you¢gel[ (tbs applicant) provided. ~) D) corporate stock of tbs appllca;16 (when the applican~ is a corporation); the legal or beneficial owner of any interest to a corporation); an officer, director, pa~tner, or employee of the PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 M~Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD --'-~L~.~ 2-°~ 1999 I Suffolk County Planning Commission 220 Rabro Ddve P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Gerard Newman, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southoid Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of "~¢.rr~ ] ~J~/~,o¢~ S.C.D.P.W. Topo No.: Hamlet/Locality ~)r{e r~ Zoning ~' ~' (~ S.C. Tax Map No.: 1000 Lot Line Change Drainage Plans (1)__ Major Sub. Minor Sub.~-, Site Plan Cluster MATERIAL SUBMITTED: Preliminary Plat (3 copies)/'% Road Profiles (1) Topographical Map (1) Site Plan (1)__ Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Cdteda: SEQRASTATUS: 1. The project is an (,~) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (~-.) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (-.~) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( )No Comments: We request acknowledgement of receipt of this referral ( ) Yes ( )No Referral received Commission and assigned File No. 1997 by the Suffolk County Planning Sincerely, Bennett Odowski, Jr. ~/ ~ Chairman cc: Lydia Tortora rev. 6/94 PLANNING BOARD MEMBER~ BENNETT ORLOWSK/, JR. Chairman WILLIAM J. CREMERS K~NNETH 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 June 29, 1999 Jennifer B. Gould, Esq. P.O. Box177 Greenport, NY 11944 Re: Proposed set off for Orville Terry, Joyca Terry & Edward Wysocki SCTM# 1000-20-1-3.2, 3.3, 3.4 Dear Ms. Gould: The following took place at a meeting of the Southold Town Planning Board on Monday, June 28, 1999: WHEREAS, the subject property includes three separate tax parcels (SCTM# 1000-20-1-3.2, 1000-20-1-3.3 and 1000-20-1-3.4; and WHEREAS, the three separate tax parcels where created by the conveyance of a life estate from Terry to Wysocki and the sale of the development rights to the Town of Southold on 28.65 acres; and WHEREAS, the subdivision application shows the three tax parcels as one piece of property, and proposes to create a 1.84 acre parcel (Lot #1 ), and a 30.49 acre parcel (Lot #2) on which the development rights have been sold on 28.65 acres and the development rights remain intact on 1.84 acres; and WHEREAS, there is an existing house located on Lot #1 and there is an existing house located on the 1.84 acre area of Lot #2 on which the development rights remain intact; be it therefore RESOLVED that the Planning Board grant sketch approval on the map dated May 26, 1999. Page 2 Proposed setofffo'r O~ille Ter~,Joyce Ter~ & Edward Wysocki June 29,1999 BE IT FURTHER RESOLVED that due to the fact that there is an existing house on each of the proposed lots, and the development rights have been sold on the remainder of the property, 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. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The sketch plans have been referred to the Suffolk County Planning Commission for review. The Planning Board may require covenants and restrictions upon review of the report and review of the final map. You will be notified if any covenants and restrictions are required. 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. ~', ~/~4~,~ Chairman enc. 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 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant June 28,1999 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 set off for Orville Terry, Joyce Terry & Edward Wysocki SCTM#: 1000-20-1-3.2, 3.3 & 3.4 Location: north side of State R. 25, Orient SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to set off a 1.84 acre parcel (Lot #1 ) from a 32.33 acre parcel. The remaining parcel (Lot #2) is 30.49 acres of which the Town has purchased the Development Rights on 28.65 acres. Page 2 SEQR Negative DeclamUon-Orville Ter~,Joyce Ter~ & Edwa~Wysocki June 28,1999 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. There is an existing house on each of the proposed lots, and the development rights have been sold on the remainder of the property. Therefore, this proposed set off has no impact. 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 Suffolk County Water Authority Elizabeth Neville, Town Clerk Applicant JENNIFER B. GOULD Attorney at Law 210 MAIN STREET EO. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fox 516-477-2601 June 8, 1999 Hand Delivered Ms. Melissa Spiro Southold Town Planning Board P.O. Box 1179 Southold, New York 11971 RE: Joyce P. Terry Set-Off Application Premises: Main Road, Orient, NY SCTM #-s 1000-20-1-3.2,3.3, & 3.4 Dear Melissa: Enclosed please find twelve (12) copies of the revised map for the above application. Pursuant to your request, the map shows a solid line around the proposed lot 1 set-off, while a dotted line indicates that part of proposed lot 2 where the development rights remain intact. In addition, the existing wells and septic systems have been located on each parcel. Please note that the surveyor identified the map as the "Joyce B. Terry Set-OW'. This will be corrected to Joyce P. Terry on future maps. Finally, enclosed is the original transactional disclosure completed by the applicant Edward J. Wysocki. I will forward a disclosure form completed by James Preston, Mrs. Terry's attorney-in-fact, as soon as I receive same. Should you have any questions, please do not hesitate to contact me. enclosure cc: Edward J. Wysocki Jennifer B. Gould JUN 0 8 199u Southold Town Planning Board Tile Town of Soubhold's Code of Ethics prohibits conflicts of interest on the parL of town officers and employees. Tile purpose of this form is to provide information which can alert the town of possible coa)flicts of isterest and allow it to take Whatever action is necessary to avoid sams. Edward J. Wysocki (Last flame, first name, middle initial, u.less NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Change Of zone --~O~,.--~r~ ~pprova! of plat X- set-bff'~aPplication Exemption from plat or official-map Other (If "other," name the aetiv~ty.) by blood, nnrrtnge, or bu.~ne.~ [.~ere.t. "H~tnees o~.ership of (or employmesmt by) a corporation YES NO X Name of person employed by the Town of Southold Title or position of that per.on Describe the relationship hetween yourself (bile applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or de~cribe in the .pace provided. DESCRIPTION OF RELATIONSIIIP ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: GREG YAKABOSKI,TOWN ATTORNEY FROM: BETTY NEVILLE, TOWN CLERK RE: JOYCE P. TERRY SCENIC AND CONSERVATION EASEMENT DATE: APRIL 14, 1999 ATTACHED IS COPY OF REQUEST WITH REGARD TO THE ABOVE WHICH MY OFFICE SENT TO YOU ON MARCH 31. 1999. PLEASE TAKE CARE OF THIS MATTER AND RETURN TO ME AT YOUR VERY EARLIEST CONVENIENCE. THANK YOU. CC: SUPERVISOR COCHRAN PLANNING BOARD APR ! 4 Southold Town Planning Board ;~z~ own L;ler~, 5ou[nold JENNIFER B. GOULD Attorney at Law 210 MAIN STREET EO. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 f~x 516-477-2601 March 31, 1999 Hand Delivered Elizabeth Neville Southold Town Clerk 53095 Main Road Southold, New York 11971 RE: Jovce P. Terry with the Town of Southold Premises: 1000-020.00-01.00- p/o 003.003 & 003.004 Dear Mrs. Neville: Enclosed please find a copy of the modification/termination of the scenic and conservation easement recorded at liber 7650 page 234 in the Suffolk County Clerk's Office. Although either party may unilaterally terminate this easement, and while there is no conveyance or consideration involved in this transaction, the Suffolk County Clerk requires signatures by both the Town and Mrs. Terry on the Peconic Bay Region- Community Preservation Tax Return. Kindly have Supervisor Cochran sign the enclosed document and return to the undersigned at your earliest convenience. Should you have any questions, please do not hesitate to contact me. Very truly yours, ould enclosure cc: Bennett Orlowski, Jr., Chairman, Southold Town Planning Board MODIFICATION/TERMINATION OF SCENIC 8nd CONSERVATION EASEMENT THIS INDENTURE, made tbis~ddate of March, 1999, by DECLARANT, Joyce P. Terry, residing at San Simeon By the Sound, 61700 County Road 48, Greenport, Town of Soutbold, County of Suffolk, New York for tbe purpose of modifying and terminating the scenic and conservation easement agreement entered into by the DECLARANT'S predecessor-in-interest, Orville W. Terry and tbe Town of Soutbold, on the 22nd day of May, 1974 and recorded in the Suffolk County Clerk's Office at Liber 7650 page 234, in wbich said agreement burdened tbe premises described in Scbedule A attached hereto, and WHEREAS, said agreement set forth in paragrapb 9 as follows: "All the covenants, conditions, reservations, restrictions, easements and provisions of this agreement shall continue and remain in effect until tbe 1st day of June, 1984, at which time all of tbe provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before tbe 31st day of March, 1984 or sixty (60) days prior to the end of any such extension period, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same." and WHEREAS, the DECLARANT desires to modify said agreement by terminating the covenants, conditions, reservations, restrictions, easements and provisions of said agreement with respect to the premises described in Schedule B attached hereto. NOW THEREFORE, the DECLARANT hereby gives notice to the Town of Southold, its successors, heirs and assigns, that tile covenants, conditions, reservations, restrictions, easements, and provisions contained in said scenic and conservation agreement referred to above, are hereby terminated with respect to the premises described in Schedule B attached hereto. TERRY, [~y ]-a/nes/O~Preston, her attorney-in-fact STATE OF A/e,~a/Vo~'~ ) COUNTY OF..4/b a_,~y ) ss.: On the~day of March in tile year 1999 before me, the undersigned, a Notary Public in a~ndo~sa~d~ ~,~gcnaal ~oa~,~a~r~eda~ens~Q .~r,e§t. qn~ p~rson~lly ~nown Io ~ be ~e I~ h~s'~apac~ty, and that~ I.s s~gnature on the instrument, the individual, or the ~0erson ~on behalf of which the individual acted, executed tim instrumenh a · No~ Public DIANE S. WILLIAMS Nota~' Public State of New York Qualified in Albany County Reg. N~ elW1§0~0335 Commissio?~E?:~?,~.~October lO,~,,/q'~' SCHEDULE A PARCEL 1 Town of Southold, County of Suffolk in the State of New York: BEGINNING at a concrete monument set on the northerly side of Main Road at the southwesterly comer of the premises herein described, said point of beginning being the southeasterly comer of land now or formerly of Spencer Terry; from said point of beginning running thence along said land of Spencer Terry North 11 degrees 05 minutes 00 seconds West 2651.71 feet, more or less, to the ordinary high water mark of Long Island Sound; running thence along the ordinary high water mark of Long Island Sound on a tie line course of North 74 degrees 32 minutes 20 seconds East 452.94 feet to land now or formerly of Charles Ryder; running thence along land last mentioned the following three courses and distances, to wit: (1) South 9 degrees 24 minutes 00 seconds East 1829.0 feet; thence (2) North 82 degrees 24 minutes 00 seconds East 419.50 feet; thence (3) South 5 degrees 30 minutes 10 seconds East 678.39 feet to a point; thence in a westerly direction at right angles to the last described course a distance of 440 feet to a point; thence in a southerly direction and parallel to the first course set forth herein a distance of 190 feet to said northerly line of Main Road; thence in a westerly direction along said northerly line of Main Road a distance of 312 feet, more or less, to the point or place of BEGINNING Containing 31 acres, more or less. PARCEL 2 Town of Southold, County of Suffolk in the State of New York: BEGINNING at a point on the southerly line of Main Road at the northeasterly comer of the premises herein described which point is the northwesterly comer of land now or formerly ofl. Latham; from said point of beginning running thence along the westerly line of said land of I. Latham South 9 degrees 02 minutes 30 seconds East 2075 feet, more or less, to the shore line of Little Bay; running thence in a westerly direction along said shore line 300 feet, more or less, to land now or formerly of Spencer Terry; maning thence along land last mentioned the following nine courses, to wit: (1) North 11 degrees 36 minutes West 760 feet, more or less: thence (2) North 81 degrees 53 minutes 20 seconds East 115.65 feet; thence (3) On a tie line course of North 25 degrees 31 minutes 30 seconds West 201.02 feet; thence thence thence (4) On a tie line course of North 18 degrees 05 minutes 40 seconds East 373.47 feet; (5) On a tie line course of North 4 degrees 45 minutes s50 seconds East 240.83 feet; (6) On a tie line course of North 6 degrees 49 minutes l0 seconds West 92.66 feet; thence (7) On a tie line course of North 29 degrees 44 minutes 40 seconds West 285.52 feet; (8) North 75 degrees 49 minutes East 108.80 feet; thence (9) North 9 degrees 35 minutes 20 seconds East 183.99 feet to said southerly line of Main Road; thence along said southerly line of Main Road in an easterly direction a distance of 60 feet, more or less to the point or place of BEGINNING. SCHEDULE B Town of Southold, County of suffolk in the State of New York: BEGINNING at a concrete monument said monument being South 68 degrees 48 minutes 30 seconds West from the southwest corner of the intersection of Main Road (State Road 25) and Cn-eenway East an improved 50 foot wide town road; RUNNING THENCE from said point of beginning South 68 degrees 48 minutes 30 seconds West along the northerly line of Main Road (State Road 25) a distance of 249.79 feet to land of Joyce P. Terry; THENCE North 11 degrees 05 minutes 00 seconds West along land of Joyce P. Terry a distance of 338.29 feet to land now or formerly of Orville Terry and the Town of Southold; THENCE along land now or formerly of Orville Terry and the Town of Southold North 78 degrees 55 minutes 00 seconds East a distance of 267.94 feet to the land of Pettys Bite Association, Inc. THENCE South 05 degrees 30 minutes 10 seconds East, along the land of Pettys Bite Association, Inc. a distance of 297.26 feet to the point or place of BEGINNING. JENNIFER B. GOULD Attorney at Lau~ 210 MAIN STREET 1~O. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fox 516-477-2601 March 31, 1999 Hand Delivered Bennett Orlowski, Jr., Chairman Southold Town Planning Board 53095 Main Road S outhold, New York 11971 RE: Jovce P. Terry Set-Off Application Premises: 1000-020.00-01.00- p/o 003.003 & 003.004 Dear Mr. Orlowski: Enclosed please find a copy of the modification/termination of the scenic and conservation easement recorded at liber 7650 page 234 in the Suffolk County Clerk's Office and a copy of my 3/31/99 letter to Elizabeth Neville, Southold Town Clerk. The termination of easement only affects the proposed set-off parcel in the above referenced application. Kindly include this document with the application previously submitted to the Board on March 11, 1999. Should you have any questions, please do not hesitate to contact me. enclosure Very truly yours, MAR 81 lSB Southold Town Planning Bo,etd JENNIFER B. GOULD Attorney at Law 210 MAIN STREET EO. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fax 516-477-2601 March 31, 1999 Hand Delivered Elizabeth Neville Southold Town Clerk 53095 Main Road Southold, New York 11971 RE: Joyce P. Terry with the Town of Southold Premises: 1000-020.00-01.00- p/o 003.003 & 003.004 Dear Mrs. Neville: Enclosed please find a copy of the modification/termination of the scenic and conservation easement recorded at liber 7650 page 234 in the Suffolk County Clerk's Office. Although either party may unilaterally terminate this easement, and while there is no conveyance or consideration involved in this transaction, the Suffolk County Clerk requires signatures by both the Town and Mrs. Terry on the Peconic Bay Region- Community Preservation Tax Return. Kindly have Supervisor Cochran sign the enclosed document and return to the undersigned at your earliest convenience. Should you have any questions, please do not hesitate to contact me. Very truly yours, enclosure cc: Bennett Orlowski, Jr., Chairman, Southold Town Planning Board MODIFICATION/TERMINATION OF SCENIC lind CONSERVATION EASEMENT THIS INDENTURE, made tbis~date of March, 1999, by DECLARANT, Joyce P. Terry, residing at San Simeon By the Sound, 61700 County Road 48, Greenport, Town of Southold, County of Suffolk, New York for the purpose of modifying and terminating the scenic and conservation easement agreement entered into by the DECLARANT'S predecessor-in-interest, Orville W. Terry and the Town of Southold, on the 22nd day of May, 1974 and recorded in the Suffolk County Clerk's Office at Liber 7650 page 234, in which said agreement burdened the premises described in Schedule A attached hereto, and WHEREAS, said agreement set forth in paragraph 9 as follows: "All the covenants, conditions, reservations, restrictions, easements and provisions of this agreement shall continue and remain in effect until the 1st day of June, 1984, at which time all of the provisions hereof shall be automatically extended for successive periods of one (l) year, unless on or before the 31st day of March, 1984 or sixty (60) days prior to the end of any such extension period, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same." a~d WHEREAS, the DECLARANT desires to modify said agreement by terminating the covenants, conditions, reservations, restrictions, easements and provisions of said agreement with respect to the premises described in Schedule B attached hereto. NOW THEREFORE, the DECLARANT hereby gives notice to the Town of Sonthold, its successors, heirs and assigns, that the covenants, conditions, reservations, restrictions, easements, and provisions contained in said scenic and conservation agreement referred to above, are hereby terminated with respect to the premises described in Schedule B attached hereto. TERRY, ~y ]~a(nesp.-Preston, her attorney-in-fact STATE OFA/¢oo )/o,'~: ) COUNTY OF,AMa ~.*~y ) ss.: On thetaday of March in the year 1999 before me, the undersigned, a Notary Public in and for saj, d..Stat.e, perso, nall¥ app~arcd_~mes O.. Pr. eston.~erson~allg~n9~llo mc c,r be---the ~"~.~:a.~ ~e t..'~,- ~.q~.' 21"5¥~['~.'~"2~fi~tt~acKn°w'et'g~° memat ne executea'tne same ~fl h~s'kapaeity, and that~ lbs signature on the instrument, the individual, or the op0erson tmon behalf of which the individual acted, executed the instrument, a · a n a ~ o-r' . Not2a~~ Public DIANE S. WILLIAMS Notary Public State of New York Qualified in Albany County Reg. i',~,~ ~1W15050336 SCHEDULE A PARCEL 1 Town of Southold, County of Suffolk in the State of New York: BEGINNING at a concrete monument set on the northerly side of Main Road at the southwesterly comer of the premises heroin described, said point of beginning being the southeasterly comer of land now or formerly of Spencer Terry; from said point of beginmng mnmng thence along said land of Spencer Terry North 11 degrees 05 minutes 00 seconds West 2651.71 feet, mom or less, to the ordinary high water mark of Long Island Sound; running thence along the ordinary high water mark of Long Island Sound on a tie line course of North 74 degrees 32 minutes 20 seconds East 452.94 feet to land now or formerly of Charles Ryder; running thence along land last mentioned the following throe courses and distances, to wit: (1) South 9 degrees 24 minutes 00 seconds East 1829.0 feet; thence (2) North 82 degrees 24 minutes 00 seconds East 419.50 feet; thence (3) South 5 degrees 30 minutes 10 seconds East 678.39 feet to a point; thence in a westerly direction at right angles to the last described course a distance of 440 feet to a point; thence in a southerly direction and parallel to the first course set forth herein a distance of 190 feet to said northerly line of Main Road; thence in a westerly direction along said northerly line of Main Road a distance of 312 feet, more or less, to the point or place of BEGINNING Containing 31 acres, mom or less. PARCEL 2 Town of Southold, County of Suffolk in the State of New York: BEGINNING at a point on the southerly line of Main Road at the northeasterly comer of the promises heroin described which point is the northwesterly comer of land now or formerly of I. Latham; from said point of beginning running thence along the westerly line of said land of I. Latham South 9 degrees 02 minutes 30 seconds East 2075 feet, more or less, to the shore line of Little Bay; running thence in a westerly direction along said shore line 300 feet, mom or less, to land now or formerly of Spencer Terry; running thence along land last mentioned the following nine courses, to wit: (1) North 11 degrees 36 minutes West 760 feet, more or less: thence (2) North 81 degrees 53 minutes 20 seconds East 115.65 feet; thence (3) On a tie line course of North 25 degrees 31 minutes 30 seconds West 201.02 feet; thence (4) On a tie line course of North 18 degrees 05 minutes 40 seconds East 373.47 feet; thence (5) On a tie line course of North 4 degrees 45 minutes s50 seconds East 240.83 feet; thence (6) On a tie line course of North 6 degrees 49 minutes 10 seconds West 92.66 feet; thence (7) On a tie line course of North 29 degrees 44 minutes 40 seconds West 285.52 feet; thence (8) North 75 degrees 49 minutes East 108.80 feet; thence (9) North 9 degrees 35 minutes 20 seconds East 183.99 feet to said southerly line of Main Road; thence along said southerly line of Main Road in an easterly direction a distance of 60 feet, mom or less to the point or place of BEGINNING. SCHEDULEB Town of Southold, County of suffolk in the State of New York: BEGINNING at a concrete monument said monument being South 68 degrees 48 minutes 30 seconds West from the southwest corner of the intersection of Main Road (State Road 25) and Greenway East an improved 50 foot wide town road; RUNNING THENCE from said point of beginning South 68 degrees 48 minutes 30 seconds West along the northerly line of Main Road (State Road 25) a distance of 249.79 feet to land ofJoyce P. Terry; THENCE North 11 degrees 05 minutes 00 seconds West along land ofJoyce P. Terry a distance of 338.29 feet to land now or formerly of Orville Terry and the Town of Southold; THENCE along land now or formerly of Orville Terry and the Town of Southold North 78 degrees 55 minutes 00 seconds East a distance of 267.94 feet to the land of Pettys Bite Association, Inc. THENCE South 05 degrees 30 minutes 10 seconds East, along the land of Pettys Bite Association, Inc. a distance of 297.26 feet to the point or place of BEGINNING. JENNIFER B. GOULD Attorney at Law 210 MAIN STREET PO. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fax 516-477-2601 March 11, 1999 Mr. Bennett Orlowski, Chairman Southold Town Planning Board C/3¢c P.O. Box 1179 Southold, New York 11971 ~ RE: Joyce P. Ter~ Set-Off Avplication~~ ~ ~' 6~&, ~"~': '~ ~- 'i~ Premises: Main Road, Orient, New York~m~ SCTM g's 1~-20-1-3.2, 3.3 & 3.4 J. the Mr. Wysocki s~ Planning Bo~d approval to set-off 1.84 acres (80,~4 square f~t) of improved real property from an existing 32.33 acre p~cel owned by Joyce P. Terry. The proposed set-off is situat~ in an R-80 district and conforms with the use, bulk and area regulations of the Southold Town ~ning Code. Enclosed please find the following documents in connection with this application: 1. residential contract of sale between Edward J. Wysocki and Joyce P. Terry (paragraphs 3 and 29 redacted for confidentiality); 2. Schedule A- metes and bounds description of proposed set-off; 3. twelve (12) survey maps; 4. set-off application; 5. form letter regarding drainage, grading and road construction; 6. Planning Board questionnaire; 7. Part I of the Short Form Environmental Assessment Form; 8. copies of the following deeds/indentures which indicate existing restrictions on the premises- a. life estate deed from Joyce P. Terry to Edward J. Wysocki recorded at Liber 11733 cp 209; b. indenture between Joyce P. Terry and Town of Southold (conveyance of development rights) recorded at Liber 10715 cp 202; c. indenture between Orville W. Terry and Town of Southold (grant of scenic and conservation easement) recorded at liber 7650 cp 229; and 9. my attorney's check in the amount of $250.00 for the application fee. JENNIFER B. GOULD Attorney at Law 210 MAIN STREET P.O. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fmx 516-477-2601 March 11, 1999 Mr. Bennett Orlowski, Chairman Southold Town Planning Board P.O. Box 1179 Southold, New York 11971 RE: Jovce P. Terry Set-Off Application Premises: Main Road, Orient, New York SCTM #'s 1000-20-1-3.2, 3.3 & 3.4 Southold 'ibwn Planning Boarri Dear Mr. Orlowski: I represent Edward J. Wysocki, the applicant in the above-referenced matter. Mr. Wysocki seeks Planning Board approval to set-off 1.84 acres (80,044 square feet) of improved real property from an existing 32.33 acre parcel owned by Joyce P. Terry. The proposed set-off is situated in an R-80 district and conforms with the use, bulk and area regulations of the Southold Town Zoning Code. Enclosed please find the following documents in connection with this application: 1. residential contract of sale between Edward J. Wysocki and Joyce P. Terry (paragraphs 3 and 29 redacted for confidentiality); 2. Schedule A- metes and bounds description of proposed set-off; 3. twelve (12) survey maps; 4. set-off application; 5. form letter regarding drainage, grading and road construction; 6. Planning Board questionnaire; 7. Part 1 of the Short Form Environmental Assessment Form; 8. copies of the following deeds/indentures which indicate existing restrictions on the premises- a. life estate deed from Joyce P. Terry to Edward J. Wysocki recorded at Liber 11733 cp 209; b. indenture between Joyce P. Terry and Town of Southold (conveyance of development rights) recorded at Liber 10715 cp 202; c. indenture between Orville W. Terry and Town of Southold (grant of scenic and conservation easement) recorded at liber 7650 cp 229; and 9. my attorney's check in the amount of $250.00 for the application fee. letter to Mr. Bennett Orlowski- March 11, 1999 pg.2 I understand that the park and playground fee pursuant to Town Code A106-38e will be waived, since this application does not involve a set-off of unimproved property. If you or the Planning Board require any further information regarding this application, please do not hesitate to contact me at 477-8607. enclosure cc: Edward J. Wysocki Very truly yours, Jennifer. Gould PLANNING BOARD I~IEMBERS 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 August 20, 1998 Jennifer B. Gould 210 Main Street P.O. Box 177 Greenport, New York 11944 RE: Proposed Set-off for Joyce P. Terry SCTM# 1000-20-1-3.2, 3.3 and 3.4 Dear Ms. Gould: The Planning Board reviewed your letter of August 6, 1998 in regard to a proposed set-off of the above mentioned property, at the August 17th work session. According to the property records for the subject properties, the development ~ights were sold on 28.64 acres of the property in 1988. Four (4) acres of the property were not included in the sale of the development rights. In 1995, the 4 acre developable area was split into a 0.68 acre parcel and a 3.32 acre parcel. Although the above mentioned parcels were all given separate tax map designations, the parcels were not created by Planning Board subdivision. Therefore, the parcels are not recognized as three separate lots by the Town. In addition, according to the property cards, in 1974 a scenic easement was granted to the Town on the subject properties. The status of this scenic easement must be clarified before the Planning Board can grant any approval to the proposed set-off. Joyce Terry August 20, 1998 Page 2 In order for the Planning Board to proceed with the proposed two (2) acre set-off, a completed set-off application form and application fee must be submitted. The map for the proposed set-off must include the entire property. One parcel must include both the land on which the development rights have been sold and the 2 acre area on which the development rights have not been sold. The second parcel must show the proposed 2 acre parcel. In regard to your inquiry about the park and playground fee, the fee is required oniy for vacant lots. Please feel free to contact me if you have any questions regarding the above. Sinc?rely,, //~ Planner -- JENNIFER B. GOULD Attorney at Law 210 MAIN STREET EO. BOX 177 GREENPORT, NEW YORK 11944 TELEPHONE 516-477-8607 fax 516-477-260I P5 August 6, 1998 Hand-delivered Ms. Melissa Spiro Southold Town Planning Department 53095 Main Road Southold, NY 11971 RE: Set-Off Application of Joyce P. Terry Premises: SCTM #'s 1000-20-1-3.2.3.3 & 3.4 AUG 7 1998 Southold Town Planning Board Dear Melissa: I am representing Mrs. Terry with respect to the above matter. As you know, Mrs. Terry conveyed the development rights on 38 acres of her Orient property to the Town of Southold in 1988. (A copy of the deed is attached hereto, and the affected parcels are presently identified as SCTM #'s 1000-20-1-3.2 & 1000-20-3- 5.1). As you can see from the enclosed June 14, 1988 survey prepared by Roderick Van Tuyl, P.C., Parcel 1 (1000-20-1-3) includes 3.673 acres reserved for Mrs. Terry's home, farm outbuildings and a cottage which has been occupied by Edward Wysocki for more than 30 years. While this "reserved" portion of Parcel 1 is now identified by two separate,tax numbers, 1000-20-1-3.3 & 3.4; there was never any formal set-off from the "development rights" portion. However, in 1995, Mrs. Terry conveyed a life estate in the cottage to Edward Wysocki by deed, a copy of which is attached. The purpose of this application is to request a set-off the cottage from Parcel 1 so that Mrs. Terry can sell the cottage to Edward Wysocki. On the enclosed survey I have sketched in the dimensions of the proposed set-off (175' by 768.97'). Mrs.Terry intends to sell the remaining portion of Parcel 1 as a single parcel. She presently resides at Oysterponds Manor in Orient, and requires the income which will be generated from these transfers to pay for her continued care. I would appreciate your reviewing this proposal with the Planning Board. As we discussed previously, the cost of re-surveying the entire 32 acres in Parcel 1 would be very expensive. Therefore, I would ask the Planning Board to consider waiving the Melissa Spiro 8/6/98 page 2 requirement that the final plat be filed with the County. Also, it would also seem appropriate for the Board to waive the park and playground fee pursuant to Town Code A106-38E, since 28 acres of this parcel is already restricted solely for agricultural use. Thank you for your attention in this matter. If you or the Planning Board have any questions, please do not hesitate to contact me. Very truly yours, Jenm er Gou d enclosure ¢?/` ~l TOWN OF SOUTHOLD' a municipal c°rp°rati°n °f the State °f New Y°rk~ .~\%~-,~ 'ng its office and principal place of business at Main Road. Town of ¥~% Southold. County of Suffolk and State of New York. party of the second ~ WITNESSETH. that the party of the first part. in consideration ] .~.~st .- lO0'Dist/100£ of Three hundred eighty five thousand Dollars. [$385.000.00). lawful' ". Sectioncr20;money of the United States. and other good and valuable consideration Block01;~l paid by the party of the second part. does hereby grant and release Lot6~;~'r~. unto the party of the second part. its successors and assigns forever. the Developmental Rights. by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State Dist. 1000 · General Municipal Law. as amended, to permit, require or restrict the ~ection520; O o Blockd3;00use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Southold Town Code. and Lot°°5 ;00~ right to prohibit or restrict · the u.se of the _premises for any .,,%r. ~.~ irt th~ Town of Southold. County of Suffolk and State of New York. more -¢,,,-':X part~iCu arly described on Schedule A. attached hereto and. made a part .JLSJ O,~.r3er eof. TOGETHER with the non-exclusive right, if any. of the party of the first part as to the use for ingress and egress of aq~ streets and roads abutting?(he above described .premises to the center lines thereof. ?t203 TOGETHER w~th of the party of the first part in and to said premises, insofar rights granted hereunder are concerned, TO HAVE AND premises herein granted unto the party of the second successors and assigns 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 incumbered in any way whatever, except ~-s 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 rights 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 for the same or any other purpose. The party of the first part. as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part. and ils heirs, ~egal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. The definition of "Agricultural production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code as follows: "Agricultural production - shall mean the production, for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for i~rocessing or retail merchandising of such crops, livestock or~ivestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, the appurtenances and all the estate and rights as the TO HOLD the part. its irrigation systems, and any othe;' structures used exclusively for agricultural purposes". The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Tow Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF ATTESTED AND APPROVED James A. Schondebare Town Attorney ~_~s~.~viTTeCUTtelrXr~f the nstate of THE TOWN OF SOUTHOLD STATE OF NEW YORK] ss: COUNTY OF SUFFOLK] On this 6th day of October, 1988, before me personally came FRANCIS J. MURPHY, to me known, who being by me duly sworn, did depose and say that he resides at Old Main Road. Mattituck. New York; that he is the Supervisor of the TOWN OF SOUTHOLD. the municipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of said corporation; and that he signed .his name hereto by like order, Notary Public ROBERT H. BERHTSSOH NOTARY PUBUC, STATE Of NEW YOR~ HO. 49147]7 · SUFFOLK COUNTY 1T..RM EXPIRES NOVEMBER STATE OF NEW YORK] ss: COUNTY OF SUFFOLK] On the 6th day of October, 1988. before me personally came Joyce P. Terry, as Executrix of the Estate of Orville Terry, deceased, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. . Notary Public MARIE NANSEN DOYLE N~*Publlc, Stat~ of New York No. 4812331. Surfak County Term Explr~ JuJy 31, 19 ~ ~ SCHEDULE A ATTACHED TO AND FORMING A PART OF INDENTURE FROM JOYCE P. TERRY, AS EXECUTRIX OF THE ESTATE OF ORVILLE TERRY, DECEASED, TO THE TOWN OF SOUTHOLD DATED: October 6. 1988 PARCEL 1 ALt_ that certain plot. piece, or parcel of land. situate, lying and being at Orient Point, in the Town of Southold. County of Suffolk and State of New York. more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main (State) Road, said point or place of beginning being the following 3 courses and distances and curves from the corner formed by the intersection of the northerly side of Main (State)Road with the westerly side of Greenway East: 1. South 68 degrees, u, 8 minutes. 30 seconds west 255.22 feet; 2. In a westerly direction along the arc of a curve bearing to the right having a radius of 994.0 feet a distance of 152.09 feet; and 3. South 77 degrees, 34 minutes, 0 seconds west 6kt.53 feet to the true point or place of beginning. RUNNING THENCE along the northerly side of Main (State) Road,' South 77 degrees, 3u, minutes. 0 seconds west 275.0 feet to land now or formerly of Spencer Terry; THENCE along said last mentioned land. north 11 degrees. 05 minutes. 0 seconds west 2639.71~f~eet to the ordinary high water mark of the Long Island So'nd.~ ~ THENCE along the ordinary high water mark of~tl~e Long Island Sound, ~North 75 dec~rees. 33 minutes, 30 seconds east~l~2'-feet to the and . as shown on-the "Green Acres" subdivision in Suffolk County as map No. 35q0; THENCE along said last mentioned map. the following 2-courses and distances: 1. South 9 degrees, 24 minIJtes. 0 seconds east 1809,0 feet; and 2. North 82 degrees, 2u, ml~'~ut~. 0 seconds east 4q1~750 feet to the westerly side of Greenway East; THENCE alon9 the westerly side of Greenway East. south 5 degrees, 30 minutes. 10 seconds east:,~71.13 feet; ~1\· THENCE south 11 degrees 05 minutes, 0 seconds eas~37.15-~eet to the northerly side of Main [State) Road at the point or place Of beginning. ~'~ ,~ / PARCEL 2 ALL that certain plot, piece, or parcel of land, situ'ate, lying, and being at Orient Point, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main ~State) Road where the same is intersected by the land now or formerly of Spencer Terry; RUNNING THENCE from said point or place of beginning along the southerly side of Main (State) Road, the following 2 courses and distances and curves. 1. North 77 degrees, 34 minutes, 0 seconds east 27.90 feet; and 2. THENCE in an easterly direction along the arc of a curve bearing to the left having a radius of 1060.0 feet a distance of 29.51 feet to land now or formerly of Marion L, Edwards; THENCE along said last mentioned land, south 9 degrees, 02 minutes, 30 seconds east 2,075 feet more or less to the ordinary high water mark of Little Bay: THENCE in a westerly direction along the ordinary high water mark of Little Bay as it winds and turns to land now or formerly of Spencer Terry; THENCE along said last mentioned land, the following 9 courses and distances: 1. North 11 degrees, 56 minutes, 10 seconds west 760 feet more or less; 2. North 81 degrees, 53 minutes, 20 seconds east 115.65 feet; 3. North 25 degrees, 31 minutes. 30 seconds west 201.02 feet; North 18 degrees, 05 minutes, 40 seconds east 373.47 feet; 5. North 4 degrees, 45 minutes, 50 seconds east 240.83 feet; 6. North 6 degrees, 49 minutes, 10 seconds west 92.66 feet; 7. North 29 degrees, 44 minutes, 40 seconds west 285.52 feet; 8. North 75 degrees, 49 minutes, 0 seconds east 108.80 feet; and 9. North 9 degrees, 35 minutes, 20 seconds wes~ 183.99 feet t6 the southerly side of Main (State) Road at the point or place of beginning. :~,~ BOXES $ THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. , I su~-,,o~ COON~ c~ 2 I ~ .. ~J1733 i'~209. Number of pages , Seri',d # TORRENS Certificate # Prior Cfr# Deed I Mortgage Instrument al Page / Filing Fee Handling TP-584 . - 36S~12 Deed I Mortgage Tax Stamp FEES Notation EA-52i7 (County) EA-$217 (State) ILP.T.S.A. Comm. of Kd. Affidavit Certified Copy Reg. Copy Other 5 OO Sub Total Sub Total GRP~B TOTAL :stamp II [ FKI~ P?~D DY: Cash Check Charg~ Payer s~e ~ R & R X OR: Real Property Tax Service Agency Verification Dist Section Block lOOO 020. O0 01. O0 Lot 003.00~ Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spec/Add. TOT. MTG. TAX ) .Dual Town Dual County Held for Apportionment Transfer Tax / '/ ' Mansion Tax Tile property covered by this morlgage is or will be improved by a one or two family dwelling only. YES or NO If NO, aec apl)ropriate tax clause on page # of this instrument. Title Company Information None Company Nanlc Title Numimr William H. Price, 828 Front Street P.O. Box 2065 Greenport, NY 11944 Jr. , Esq. RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached Barqain & Sale D~ed made by: (Deed, Mortgage, etc,) JOYCE P. TERRY The premises herein is situated in SUFFOLK COUNTY, NEW YORI~ TO EDWARD J. 'WYSOCKI In the TOWN oF°uth°ld In the VILLAGE or ltAMLET of Orient Tax Map Desiglmtiun Dist. 1000 Sec. 020.00 Blk. 01.00 Lot 003.001 Fo,m 8002JXargain and Sale Deed, wi{h Covena. I against Grantor's Acts-h~dividual or Corporation.(single shee0 CONSULT YOUR lAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the ~d~ay of /Y')'/q~ BETWEEN JOYCE P. TERRY, residing at Main<R~d?:O~ient New York 11957, party of the first part, and ~, ~';': EDWARD J. WYSOCKI, residing Main Road, Orient, New York 11957, party of the second part, WITNESSETH, tbat the party of the first part, in cm~sideration of ten 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, tile heirs or successors and assigns of the party of the second part, ALL that certain plot, piece or parcel 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, and more particularly bouuded and described as follows: BEGINNING at a monument set at the southeast corner of the herein described parcel being where the northerly line of NYS Route 25 intersects the westerly line of Greenway East and from said POINT OF BEGINNING running North 5 degrees 30 minutes 10 seconds West 297.26 feet; RUNNING THENCE North 78 degrees 55 minutes 0 seconds East 100.00 feet; RUNNING THENCE on a course perpendicular to the last mentioned course a distance sufficient to reach the northerly line of NYS Route 25; RUNNING THENCE along said northerly line of NYS Route 25 North 68 degrees 48 minutes 30 seconds East 100 feet, more or less, being that distance sufficient to reach the POINT OF BEGINNING. TOGETHER with all right, title and interest, if any, of the p arty of the first part in and to any streets and roads abutting the above described premises m file center lines thereof; TOGETHER with tile appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted m~to the party of the second part to use aud occupy as bis persmzal resideuce (but sot fur rental or other iucome produciug purposes) for and during the life of the party of the second part, and upon the death of the party of the second part, or iu file event that the party of the second part fails to occupy the property herefu conveyed as Ids personal resideuce for a period of one year, to revert to the party of tile first part, fl~e heirs or successors and assigns of said party of the first part forever. AND the party of the first part cove~ants that the party of file first part has not done or suffered auythfug whereby the said premises have been enctmthered 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 rigfu to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of fl~e improvement and will apply the same first to the payment of file cost of the improvement before using any part of the total of the same for ally other purpose. The word "party" shall be construed as if it read "parties' whenever file sense of this indenture su requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: 11733 ' STATE OF NEW NTY OF : ~y of ~ 1995, before me On tile personally came JOYCE P. TERRY to me l~owu to be the individual described in and who executed the she executed file same. foregoing,iustmment, and acknowledged that ~ ~ ~. ~4~ m~i~ E~ir. March 14. 1~ BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS JOYCE P. TERRY TO EDWARD J. WYSOCKI Return by Mail to William H. Price, Jr. Esq. P.O. Box 2065 Greenport, New York 11944 TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET ~-Tq ~;'-"--~-~)IL!-~GE I-DIS~F .... ~uB.'Y ~ L~T- ACR. REMARKS ::Ft, L LAND I~P. -- TYPE OF BLD. FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD PROP. CLASS TOTAL DATE l TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL TOWN OF SOUTHOLD PROPERTY RECORD CARD ACR. . REMARKS TYPE OF BLD. PROP. CLASS DATE OWNER LAND SUB. LOT TOTAL FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH BULKHEAD MEADOWLAND HOUSE/LOT COLOR TRIM M. Bldg. Extension ExtenSion Extension Porch Breezeway Garage Patio Total Foundation Bath Basement ~,~A?' ,, ~ - Floors Ext. Walls ~b'~ ~ ,~ ~ Interior Finish Fire Place ,~ o ~eat Rooms 1st Floor Type Roof Recreation Roo. Rooms 2nd Floo~ Dormer Driveway inette DR. ~WNER STREET II \ O W'U~GE D~ST.SUB. LOT ' S , × ~v ,~ , 6 TYPE OF I~UILDING ~S. SEAS. VL. _ AGE BUILDING CONDITION M~ NORMAL BELOW ABOVE :ARM Acre Volue Per Volue Acre illa~ illob~e ~oodlond . ,/~ .omplond FRONTAGE ON WATER -ushlond FRONTAGE ON ROAD ~ ~ 0 .// ouse Plot ":/ ~:t~b ~ 0'6 DEPTH '- ' " ~ ~ ..~ / ~0 BULKH~D 7,. ,,,"-- ~o1' 7-~.;...~ ~ DOCK AUG 07 B98~' Soutkofd Tow~' ' Plannin9 Board F'P-.OPOSF:~ "dO'r'OF B. TEP-.P-.'T' Si:T-OFF" SITUATE: OP-.I ENT TOP, iN OF SOUTHOLD SUFFOI .F. GOUNT'f, JUN 0 8 1999 Southold Town Planning Board N W S AREA NAP ~GALE I"= (2OO' SURVE'FElP OI-21-qq AhqENiPEIP O3-2q-qq O5-26-qq SUFFOLK ©OUNT¥ TAX I000- 20 - I - I000 - 20 - I - I000 - 20 - I - 5.4 ONNERS - APPLICANTS: S.O, TAX LOT :i:; IOOO-20-I-5.2 ORVILLE TERR'f a THE TOkqN OF SOUTHOLI) HAIN ROAD ORIENT, N'f IIq5~ S.G. TAX LOT :~ IOOO-20-I-5.3 JO'fOE: B. TERRY NiAIN ROAD ORIE-NT, NY S,C,. TAX LOT # IOOO-20-1-3.4 El)NARD d. NI¥SOOKI HAIN ROAI) ORIENT, N'F Iiq57 SEF'T,C, ~,'1 STEI '1 / / nc,~ L? stole NOTE$: · IqONUNIENT FOUND O PIPE FOUND ORAPHIO SOALF I% IOO' JOHN C. EHLERS 6 EAST MAIN STREET RIVE, RI-lEAD, N.Y. 11901 369-8288 Fax 369-828"/ LAND SURVEYOR N.Y.S. LIC. NO. 50202 NAP Ot PROPOSED "JOYOE P. TERRY S ITUATE~: TOIdN OF SUP~OLK SF:T_OF:t= ,, O~It~NT SOUTHOLZP COUNTY', NY' N S I~ocd AR~A ~AP AMENDED O5-2q ClCl O5-2©-qq, 08~-02-00, Oq 05 00, I1-10-00 SUFFOLK C.OUNT¥ TAX ~'S IOOO - 20 - I - 5.2 IOOO 20 - I - 5.5 IOOO - 20 - I - 5.4 SUFFOLK C.OUNT¥ HE-ALTPI DEPT. SIO qq OOI5 OMNEP-S - APPLIOANTS: S.C.. TAX LOT ~ IOOO 20 I 5.2 OI~,VILLE TE~t~,Y a THE TO~!N OF SOUTHOLD PLAIN F~OAP OP--I~NT, NY llq57 S C.. TAX LOT *r IOOO 20-I-5.5 JOYOE P. HAIN ROAD OI~IENT, NY S.C. TAX LOT ~ IOOO 20-I-5.4 ED!~AP, I9 4. HAIN P-OAP OP--IENT, NY I Iq~i kl' '?O O Q' $ Q) /× _~,0.~4,00,~_ 4lq .50' T'fPIGAL PLOT I~LAN TYPIOAL !x,I~L L nob bo stole ®~APHIG $C~AL~ I"= IOO' '~' Ol~C :t 3 2000 $~Ltth'oidTowr~ Pl~'tln'in~l 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S. LIC. NO. 50202 pp_.OF~OSE~ SITUATE: TOWN OF SUFFOLK OP---.IENT SOUTHOLEP C, OUNT'(, NY' ~U~XXE"r'E~ Ol~21-qq TO: .J. NATIONAL O0~F~ANh' OI~ 1', ~L