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HomeMy WebLinkAboutIndian Neck Lane .- , HRel1 __ IUIiNo-Kt.tl/ - ~~~i~CEiVeD. ~II/M1A11ie/( t~ ' 1'- '. n ,1/1;" 1 ;, !Jr-::I /97c. f PRt+rNfl1e '. OJ q' ~YI:~ Tn'''" rl"'+('''''~'''''!r! ATTORNEY AT LAW 425 MAIN STREET GREEN PORT, NEW YORK 11944 516-477-1400 January 11, 1979 Ms. Judith Terry, Town Clerk Town Hall Main Road Southold, New York Dear Judy: Re: Purchase of Drainage Area East Side of Indian Neck Lane, Peconic from Kull and Pontino As you know, the town acquired a drainage ar ea located on the east side of Indian Neck Lane, Peconic from John and Joseph Pontino and Richard A. Kull, and relative thereto I enclose herewith the following: 1. Deed dated December 15, 1978 from John and Joseph Pontino and R.ichard A. Kull to the Town of Southold, which deed was recorded in the Suffolk County Clerk's Of- fice ()n December 27, 1978 in Liber 8556 of Deeds at Page 131. 2. Title insurance policy #78-52-22388 issued by U. S. Life Title Insurance Company to the Town of Southold covering the premises in question. 3. Survey map of Otto W. Van Tuyl dated September 28, 1978. These documents should be filed in your office. In order that I may have a record for my files will you please acknowledge receipt of the enclosed documents by signing and returning to me a copy of this letter which is enclosed for that purpose. Y ourSV~UlY' RO~~~ASKER RWT:fae Ene. ) , . , ! " ~ DI5T. /000 SEe. tJ~~ nLOCK (.15' f"- ee ~, c cv. " :;. PF 31 (2/761 Standud N,Y.B.T.V. Form · Bugalund Sal. Dood "Ithont Cov..antasaln,t GraD'.~I!!~Vld~1 or CorporaUnD (Slnl~ :bcell . .. ~ 'S~. ~~~-iii>~ I CONSULt YOUR LAWYER IEFORE SIGNIN. THIS INSTRUMENT-THIS INSTRUMINT SHOULD II USE:! IY LA>1fEIS ONLY. USER 8556 PAGE131 .' · · THIS INDENTURE, made the /5'61' day of December, nineteen hundred and seventy-eight BETWEEN JOHN PONTINO, residing at (no number) Indian Neck Lane, Peconic, Town of SouthoId, New York; JOSEPH PONTINO, residing at (no number) Indian Neck Lane, Peconic, Town of Southold, New York; and RICHARD A. KULL, residing at (no number) Indian Neck Lane, Peconic, Town of Southold, New York, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office and place of business at 53095 Main Street, Southold, Town of Southold, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the hcirs or successors and assigns of the party for the second part forever, ALL that certain plot, piece or parcel of land, with the buildi~ and improvements thereon erected, situate, lying and being!:llJlliu[ at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Indian Neck Lane distant 55. 73 feet southerly from the southerly line of land of Joseph Pontino; running thence South 84 degrees 29 minutes East 175.0 feet; thence North 81 degrees 51 minutes 50 seconds East 282.57 feet; thence South 8 degrees 22 minutes 30 seconds East 74.84 feet; thence South 81 degrees 51 minutes 50 seconds West 278.21 feet; thence North 84 degrees 29 minutes West 175.0 feet to the easterly side of Indian Neck Lane; thence along the easterly side of Indian Neck Lane North 11 degrees 42 minutes 50 seconds West 75.0 feet to the point or place of beginning. I 1. 7t,S'7 ---if[C5:T~'~-~'J \ $Ri:~~Ci2s"-i'~\i':: OEe 2 '7 1978 \ ,- -n' .\ '\,:.,:", ~~,,~:.,:.~ T/' , !.,'l..:i\. ,'-' ", I ",' . . '\ ",,' "." (~~::: ~;l'S'._- TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streetl and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and ri~hts of the party of the' first part in and to said premilleS; TO HAVE AND TO HOLD the prennses herein granted unto the party of the seCond part, the bcira or successors and assigns of the party of the second part forever. , \. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive -web consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture 10 requires. . IN WIT~ESS WHEREOF, the party of the first part has duly above wntten. IN PKESENCE OF: (/) p&;~ \ ........, , " I L1J / / 'Ooseyh ontino /tdo~ a ~ Richard A. Kull ~ UBER8556 fAGd32 STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the/5n(day of December,1978 , before me personally came JOHN PONTINO and JOSEPH PONTINO to me Icnown to be the Individual described in and who executed theforegoing Instrumenr, and acknowledged tha~ they executed the~.m~ @ '-0 ;~ Notary Public ROBERT W. TASKEll NOTARY PUBLIC State ot N Y Sut' It' ew ark .. Co."nty No. .sZ,30337Zs' Term Expires March 30, 1911 STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came . to me known, who, being by meduly sworn,diddep08eand say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal a1lixed to said instrument ia such corporate seal; tMt it was 80 a1lixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. lIurgatn aM' tJalt Irrb Without CoveDlUlt Against Gr~tor's Acts Title No. JOHN PONTINO JOSEPH PONTINO RICHARD A. KULL TO TOWN OF SOUTHOLD Standard Form of New York Board of Title Underwriters Distributed bV U-"i.IFE TITLE INSURANCE Company of New York STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the/5t'1 day of December,1978, before me personally came RICHARD A. KULL to me known to be the Individual described in and who executed theforegoing instrument, and knowledged that he executed the same. ~ Notary Public ROIlI'RT w. rl\S~1I. NOTARY PU~3LIC. State cf i'>.'/ York Sol/olk County No. ~.3n37tr Term Expires M<lrch 30, lW!J STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally ac:quaiQted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the Individual described In and who executed the foregoing instrument; that he, said subscribiDg witncoss, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Recorded By: U-"i.IFE TITLE INSURANCE Company of New York 127 W. Main Street Riverhead, N. Y. 11901 Return to: ee- Recorded at Request of U-"lIFE TITLE INSURANCE. Company of New York . RETURN BY MAIL TO ] Robert W. 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" ~IFE ~{I~SURANCE COmpanY_~Ne~~~___u~e~~_ Policy of Title Insurance IN CONSIDERATION OF the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all 1055 or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest.of the insured therein as herein set forth, or by reason of un- "marketability of the title of the insured to or in the premises, or by reason of liens or incumbrances affecting title atthedate hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the int,erest insured hereby, or by reason of lack of access to and from the premises, excepting all loss and damage by reason of the estates, interest~, defects, objections, liens, incumbrances and other matters set forth in Schedule 8, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. IN WITNESS WHEREOF, USLlFE TITLE Insurance Company of New York has caused this policy to be signed and sealed on its date of issue set forth herein. ~.J;M President ~~~ A TTEST: Secretary d '/' , / .; e' .lLd.tLL1A..( t, C~t'.7 /"-1i'U;, Validat;ng Omce, 0' Ageot /- . . . Name ~f Insured TOWN OF SOUTHOLD Policy No. 78-52-22388 Amount of Insurance $7,000.00 The estate or interest insured by this policy is vested in the insured by means of Date of Issue 12/15/78 DEE D Recorded 12/27/78 Schedule A The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed. Schedule B The following estates, interests, defects. objection to title, liens and incumbrances and other matters are excepted from the coverages of this policy: 1. Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers ovar the premises. 3. Any laws. regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any violation thereof. 4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the insured. 5. Titleto any property beyond the lines of the premises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. SURVEY by Roderick Van Tuyl, dated 9/28/78 shows a gutter; no encroachments or variations. Company excepts any state of facts a survey or ~nspection of the premises made since 9/28/78 might show. POSSIBLE unpaid water charges. 1978/79 Town, County and School Tax. , ~ Report 13111/741 .. . . . . SCHEDULE A (Description) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Indian Neck Lane distant 55.73 feet southerly from the southerly line of land of Joseph Pontino; running thence South 840 29' East 175.0 feet; thence North 810 51' 50" East 282.57 feet; thence South 80 22' 30" East 74.84 feet; thence South 810 51' 50" West 278.21 feet; thence North 840 29' West 175.0 feet to the eastely side of Indian Neck Lane; thence along the easterly side of Indian Neck Lane North 110 42' 50" West 75.0 feet to the point or place of beginning. " . . r' .' Conditions of this Policy 1. Definitions (a) Wherever the term "insu red" is used in this policy it includes those who succeed to the interest of the insured by operation of law including, without limitation. heirs, distributees. devisees, survivors, personal representatives, next of kin or corporate successors, as the case may be and those to whom the insured has assigned this policy where such assignment is permitted by the terms hereof, and wherevertheterrn "insured" is used in the conditions of this policy it also includestheattorneysand agents of the "insured," (bl Wherever the term "this company" is used in this policy it means USlIFE TITLE Insurance Company of New York. (el Wherever the term "final determination" or "finally determined" is used in this policy, it means the final determination of a court of competent jurisdiction after disposition of all appeals or after the time to appeal has expired. (d) Wherever the term "the premises" is used in this policy, it means the property insured herein as described in Schedule A of this policy including such buildings and improvements thereon which by law constitute real property. te) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the coun!>' ;... which property insured herein lies. 2. Defense and Prosecution of Suits la) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrances not excepted in this policy. (b) This company shall have the right and may, at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon or under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (e) In all cases where this pOlicy requires or permits this company to proscute or defend, the insured shall secure to it the right and opportunity to maintain or defend the action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to use therein, at its option, its own name or the name of the insured. (d) The prOVisions of this section shall survive payment by this company of any specific loss or payment of the entire amount of this policy to the extent that this Company shall deem it necessary in recovering the loss from those who may be liable therefor to the insured or to this company. 3. Cases Where liability Arises No claim for damages shall arise or be maintainable under this policy except in the following cases: (a) Where there has been a final determination under which the insured may be dispossessed, evicted or ejected from the premises or from some part or undivided share or interest therein. Ib) Where there has been a final determination adverse to the title upon a lien or incumbrance not eexcepted in this policy. fc) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest, or where the insured estate has been sold for the benefit of the insured pursuant to the jUdgment or order of a court and the title has been rejected because of a defect or incumbrance not excepted in this policy and there has been a final determination sustaining the objection to the title. (d) Where the insurance is upon the interest of a mortgage and the mortgage has been adjUdged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subjectto a prior lien or incumbrance not excepted in this policy; or where a recording office has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because of a defect in the title to the said mortgage. tel Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and the title shall have been rejected by the proposed lender and it shall have been frnallydeterminedthatthe rejection of the title was justified because of a defect or incumbrance not excepted in this policy (f) Where the insured shall have transferred the title insured by an instrument containing covenants in regardtotitleor warranty thereof and there shall have been a final determination on any of such covenants or warranty, against the insured, because of a defect or incumbrance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finaflydeterminedthatthe insured is not entitled to afull award for the estate or interest taken because of a defect or incumbrance not excepted in this policy. No claim for damages shall ariseorbe maintainable underthis policy fl) if this company, after having received notice of an alleged defector incumbrance, removes such defect or incumbrance within thirty days after receipt of such notice; or (21 for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. 4. Notice of CJaim In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the tiUe hereby insured, or in case actual knowledge shall come to the insured of any claim adversetothetitle insured hereby, or in case of the service on or receipt by the insured of any paper, orof any notice, summons, process or pleading in any action or proceeding, the object or effect of which shall or may be to impugn, attack or call in question the validity of the title hereby insured, the insured shall promptly notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons, processor pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejUdiced and cannot in the future prejudice this company. 5. Payment of Loss (a) This company will pay, in addition tothe loss, all statutory costs and allowances imposed on the insured in litigation carried on by this companyforthe insured under the terms of this policy. This company shall not be liable for and will not pay the fees of any counselor attorney employed by the insured. (bl In every case where claim is made for loss or damage this company (11 reserves the right to settle, at its own cost, any claim or suit which may involve liability under this policy, or (2) may terminate its liability hereunder by paying or tendering the full amount of this policy, or (3) may, without conceding liability, demand a valuation of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by this company, aild t~lttwo thus chosen selecting an umpire. Such valuation, less the amount of any incumbrances on said insured estate and interest not hereby insured against, shall be t~~9 extent of this company's liability for such claim and no right of action shalf accrue hereunder for the recovery thereof until thirty days after notice of such valuation she!! have been served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to this company of its dS<Jignee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold :nterest. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest. . (c) Liability to any collateral holder of this policy shalt not exceed the amount of the pecuniary interest of such collateral holder in the premises. (dJ All payments made by this company under this pOlicy shall reduce the amount hereof pro tanto except (1) payments made for counsel fees and disbursements in defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured in such actions and proceedings, and (2) if the insured is a mortgagee, payments made to satisfy or subordinate prior liens or incumbrances not set forth in Schedule B. (e) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within thirty days thereafter. 6. Co-Insurance and Apportionment (a) In the event that partial loss occurs after the insured makes an improvement subsequent to the date of this policy, and only in that event, the insured becomes a co-insurer to the extent hereinafter set forth. . . If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the company as one hundred twenty per centum of the amount of this policy bears to the sum amount of this policy and the amount expended for the improvement. The foregoing provisions shall not apply to costs and attorneys'fees incurred by the company in prosecuting or providing fartha defense of actions or proceedings in behalf of the insured pursuant to the terms of this policy or to costs imposed on the insured in such actions or proceeding, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing co-insurance provisions shall not apply to any loss arising out of a lien or incumbrance for a liquidated amount which existed on the date ofthis policy and was not shown in Schedule D; and provided further, such co-insurance provisions shall not apply to any loss if, atthetime ofthe occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy. (bl If the premises are divisible into separate, indepel"dent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels exclusive of improvements madesubsequenttothe date of th is policy. (c) Clauses "(a)" and "(bl" of this section apply to mortgage policies only after the insured shalt have acquired the interest of the mortgagor. (d) If, atthetime liability for any loss shall have been fixed pursuanttothe conditions ofthis policy, the Insured holds another policy of insurance covering thesameloss issued by another company, this company shall not be liabletothe insured for a greater proportion of the loss thantheamountthatthispolicy bearstothewhole amount of insurance held by the insured, unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or insurers. 7. Assignment of Policy If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enure tQ the benefit of successive assignees of the mortgage without consent of this company or its endorsement of this policy. Provision is made in the rate manual of New York Board of Title Underwriters filed with the Superintendent of Insurance of the State of New York on behalfofthis and other member companies for continuation of liability tog ran tees ofthe insured in certain specific circumstances only. In no circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other instrument of , transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. 8. Subrogation lal This company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to any remaining interest of the insured. (b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or guarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. 9. Misrepresentation Any untrue statement made by the insured, with respect to any material fact or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. 10. No Waiver of Conditions This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. 11. Policy Entire Contract All actions or proceedings against this company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may bring against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms and conditions. 12. Validation and Modification This policy is valid only when duly signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents. 1!..."iIFE TITLE INSURANCE Company of New York New York State Offices Albany County 90 State Street, Albany 12207 518472-9161 Bronx County 2488 Grand Concourse, Bronx 10458 212292-5200 Kings County 185 Montague Street. Brooklyn, 11201 212522-0777 212425-8010 N....u County 170 Jericho Turnpike, Floral Park 11001 516354-8500 212347-2010 New York County 125 Maiden Lane, New York 10038 212425-8010 Queens County 90-15 Sutphin Boulevard,Jamaica 11435 212 739-4001 Richmond County 7 Hyatt Street. St. George, 5.1. 10301 212422-2700 RockJand County 20 South Main Street, New City 10956 914634-3612 212292-1528 Suffolk County 127 W. Main Street, Riverhead 11901 516727-4140 212962-1445 Westchester County 235 Main Street, White Plains 10601 914948-4040 212824-0404 . Policy 21 (11781 N.'t',B.J.U. FornltNo. 1000 , 127 East Main St., Riverhead, L.I., New York 11901 Phone: (516) 727-2315 January 9, 1979 il~c.r.Nr.O- . Mr. Albert Martocchia, Supervisor Town of Southold Town Hall Main Road Southold, NY 11971 , - '; " \!\~'1 ~ ' V' . . 1(1 . 'J ~ ~Ql.l1 t Dear Mr. Martocchia: In reference to your inquiry of the surface water drainage off Indian Neck Lane and adjoining property, in the Town of Southold, 1 have found that the area is a natural drainage channel. This is evident on the 1956 topographic map of Southold quadrangle, pub- lished by the U.~. Geological Survey and was verified on December 19, 1978 in the field by myself. If we can be of any other help, please feel free to call. Sincerely, ~.i&maJj ?1;~~rv Thomas J. McMahon District Technician .. .. " . . . . - .'.~ o' _.. t.-......... .!~ :'.. :':'. -" -"... --- OffiCE OF TO\~';ClERK ... .~'. JUDITH T. TERRY TO"N CURl: REC1STlUR OF VITAL STATISTICS TOWN OF SOlITHOLD SUFFOLK COlr.'iTY TELEPHONE (516) 765-l801 Southold, L. I., N. Y. 11971 November 29, 1978. New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 Gentlemen: In accordance with Article 8 of the Environmental Conservation Law, the Southold Town Board made the following determination with relation to a parcel of property they propose to purchase in Peconic, New York: '. WHEREAS, the Town of Southold proposes to purchase a parcel of vacant land on the east side of Indian Neck Lane near its intersection with Leslie's Road comprising an area of 33.520 square feet from John and Joseph Pontino and Richard A. Kull to be used by the Town of Southold for highway surface water drainage, and WHEREAS, the Environmental Quality Review Law of the Town of Southold as contained in Chapter 44 of the Code of the Town of Southold and Article 8 of the Environmental Conservation Law and the rules promulgated thereunder require that when a town agency proposes to take an action which may have a significant affect on the environment that such agency make a deter~ination as to the environ- mental significance of such action. .' ,,I. . pa'i!e'2 - N.Y.S. Dept. ~ Environ8ental Albany, New York conservata " . ,. . .' NOW, THEREFORE IT IS HEREBY DETERMINED AS FOLLOh'S: That the acquisition by the Town of Southold of the land hereinbefore described and the use of said land for highway drainage purposes will not have a signif- icant affect on the environment. IT IS RESOLVED, that the Town Clerk be and she hereby is directed to circulate this determination in the manner required by the applicable laws and rules and regulations. DATED: November 21, 1978. Town Board, Town'.of Southold. The lead agency is the Town Board of the Town of Southold whose telephone number is 765-1800, and Supervisor Albert M. Martocchia can provide further information. Very truly yours, )k~J~~ Judith T. Terry Town Clerk cc: Supervisor Martocchia Highway Superintendent Dean ':~\ .. .. . TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS -'. " SUFFOLK COUNTY ',:. . TELEPHONE (516) 765-1801 Southold, L. 1.. N. Y. 11971 November 29, 1978 : New York State Department of Environmental Conservation Building #40, State University of New York Stony,Brook, New York 11794 Gentlemen: In accordance with Article 8 of the Environmental Conservation Law, the Southold Town Board made the following determination with relation to a parcel of property they propose to purchase in peconic, New York: . WHEREAS, the Town of Southold proposes to purchase a parcel of vacant land on the east side of Indian Neck Lane near its intersection with Leslie's Road comprising an area of 33.520 square feet from ~n and Joseph Pontino and Richard A. Kull to be used by the Town of Southold for highway surface water drainage, and WHEREAS, the Environmental Quality Review Law of the Town of Southold as contained in Chapter 44 of the Code of the Town of Southold and Article 8 of the Environmental Conservation Law and the rules promulgated thereunder require that when a town agency proposes to take an action which may have a significant affect on the environment that such agency make a determination as to the environ- mental significance of such action. :J " , ... Page, 2 N.Y.S. Dept~f Environ~ental conserva~ 'Stony Brook,~ew York . " .. NOW, THEREFORE IT IS HEREBY DETERMI~~D AS FOLLO,~: That the acquisition by the Town of Southold of the land hereinbefore described and the use of said land for highway drainage purposes will not have a signif- icant affect on the environment. IT IS RESOLVED ,that the Town Clerk be and she hereby is directed to'circulate this determination in the manner required by the applicable laws and rules and regulations. DATED: November 21, 1978. Town Board, Town of Southold. The lead agency is the Town Board of the Town of Southold whose telephone number is 765-1800, and Supervisor Albert M. Martocchia can provide further information. Very truly yours, ~ . ~ ~~d!d--~-?-~~ Judith T. Terry . Town Clerk ~ cc: Supervisor Martocchia Highway Superintendent Dean .' . . DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WHEREAS, the Town of Southold proposes to purchase a parcel of vacant land on the east side of Indian Neck Lane near its intersection with Leslie's Road comprising an area of 33,520 square feet from John and Joseph Pontino and Richard A. Kull to be used by the Town of Southold for highway surface water drainage, and WHEREAS, the Environmental Quality Review Law of the Town of Southold as contained in Chapter 44 of the Code of the Town of Southold and Article 8 of the Environmental Conservation Law and the rules promulgated thereunder require that when a town agency proposes to take an action which may have a significant affect on the environment that such agency make a determination as to the environmental significance oIsuch action. NOW, THEREFORE, IT IS HEREBY DETERMINED AS FOLLOWS: " That the acquisition by the Town of Southold of the land hereinbefore described and the use of said land for highway drainage purposes will not have a significant affect on the environment. IT IS RESOLVED that the Town Clerk be and she hereby is directed to circulate this determination in the manner required by the applicable laws and rules and regulations. , , , (\ '- . . " I.. RESOLVED, that the Town of Southold purchase premises hereinafter described and located on the east side of Indian Neck Lane containing 33,520 square feet of land from John Pontino, Joseph Pontino and Richard A. Kull for the sum of $7,000; said real property being described as follows: ALL that certain parcel or plot of land situate, lying and being at Peconic in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows: BEGINNING at a point on the east line of Indian Neck Lane where said line is intersected by the boundary line between land of John Pontino and Joseph Pontino and land of Richard A. Kull; from said point of beginning running thence along said east line of Indian Neck Lane, North 110 42' 50" West, 25.0 feet; thence through said land of Pontino three courses: (1) South 84029' East, 175.0 feet; (2) North 810 51' 50" East, 282.57 feet; (3) South 080 22' 30" East 49.52 feet to the northeast corner of said land of Richard A. Kull; thence along the boundary line between said land of Richard A. Kull and land of Mary Ku11, South 080 22' 30" East 25.32 feat; thence through said lands of Richard A. Kull two courses: (1) South 81 51' West, 278.21 feet; (2) North 840 29' West, 175.0 feet to said east line of Indian Neck Lane; thence along said east line of Indian Neck Lane, North 110 42' 50" West, 50.0 feet to the point or place of beginning. Containing 33,520 square feet. FURTHER RESOLVED, that said purchase be in accordance with a contract to be approved by the Town Attorney, and that the Supervisor be and he hereby is authorized and directed to execute any and all documents for the purchase of said land. " "." ,- .. .. _...... _.m' - -,~-_.- _._~ -'--"".--'-"- ..... , .. .' ~: " November 19, 1978 RfCEVEo NOV 20 1978 'f: 2.D q. h... ~OUI mwr1' ~embers of the To,m Board Southold To,ill Dear 30ard hembers: 'I am writing and encleeing information regarding Number 9 on J your agenda, Resolution re: Pontino-Kull Pronertv. The resolution will in some form request your approval of funds to purchase this property for drainaee the money to come from the" 1978 Revenue Sharing Funds. There are objections to the purchase of this property for the expressed intended use: " (1) The most important objection is environmental. I hope that the board members receiving this information on Monday, November 20th, 1978 will be ab1ep to look at the property before the meeting on Tuesdav. 1f-~le the enclosed man indicates the 'meadow' starts some four hUndred feet from the road-in fact the 'meadow' comes up to Indian Neck in some senses. There is also a verv real Question of whether or not this 'meadow' is in fact a wetland. It runs from whereever it starts near Indian Treck Lane to the creek (Ric~mond Creek). If you want to see its meeting point drive dOin1 Indian Neck ~~e past the farms. As you enter the wooded ptt area to your left is a dirt road called Wood Lane. Drive dOim it and turn to your left. Th'~re ~'ou can see from Richmond Creek to the road. ~earing in mind that it is i~. Dean's intent to pipe the water from the road to the 'meadow' for seepa3e at that point, and bearing in mind that much of the run-off i.ill contain fertalizer and pesticides from the area farmin3 and, of-course, winter salt and car residue, it seems to ~e that this resolution should be denied and am alternative method of drainage found or thinss left the way ttley now are. If this is not convincing I recommend to you the tOI'ffi' s ~Tetland Ordinance and its provisions for studies and requirements re holding a public hearing. Also, the Environmental quality Review Act effctive November I, 1978. . Let me repeat that Ric~mond Creek is an important w~terway. It should be loved and cared for. (2) I enclose also a rought sketch of the Pomtino approved subdivision East Hill's I which is across the streeet from this proposed drainage area and this information wille::" ma~r have not been before the Board. Just below the intersection of L$slie's and Indian Neck is a flooding point which will also be part of this drainase 'solution'. ;~. ~~rtoccia mentioned that due to lack of Town Laws the Briarcliff Sod ~eople have filled an area of this land where Indian Neck O~ce drained. ~nis land Lmtil ouite recently was alos Pontino land. To a large degree the Pontinors are responsible for their Oim and the road's problems. I honestly cannot see why they should be paid for any solution and I certainly hppe that no matter what solution or lack of one is found it will not be that wluch is proposed for approval at your November 21st meeting. Sincerely, ~I~~ .' , . :;..:"..;,.- r. . rf tf - .'{! . t r- ; w:i ~ I ! , , f , , , , . , ----- I / .ss .~ . ~'\.. ,~ - ' Q -~ .c ~ ~ .j ., . :: '.~ . ~ .,~ J 9) I -;;-. ~ I .... ' ~ I I ~ . ~- 'il -...--.:.-., ~ / f ! . . , '. 'to - .,. II. ~~ .<. I' ...._::- . I ~'.-I ~ \l. \ ! t,,, ;. . -... 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Q - ~ !;~:s i~::C9 3;;:~~i~3~g .!;;...z "'a:::~ ::2!a'<;:;~:J o......g 000> ="':;j~':l~- ~~:l_. ;,e::;< %0<013 .n:! _ 0 ~._ ~-_v_,!;" ~!.=of.~_~ "j~= ~-~::,,~_'l.1 -is o:i~O- 1:"""'''0';0'- V_.oi_ o:::!:o: ::1......_0 '.... :. .; . .~, " ;.... _ r - -':i. .;".....' ,. :..-~. -'.~ , ; \ . , \ t. ' i' ~ '" ~ \ , ~ ~ t. . ,', \ ~ ~ . [ ~-l t.. ."\ '4'.' . . \< ...... t. \, (\ ". \ ~ .....oi . \\ I ~~ \. ,r-~;' "i~" : \ "';fi~ \i ..' t .' . .: t . ~._:~,;~~d. . ." ~~ .. "> .. .. ... -.:....~ ~< _~CI.. ,~ .' \ . \ \- -:,... .' ;. f ~ . 0"'-:12/ --- ., >,.3/7~..:7 .. <;) '-l . ~I II) .. ~---_.--_._-----_.. -" \ \:.- ._' t. RAYMOND C. DEAN Superintendent f ".~. 10 " \ ~ . . .___.___~___J.-____ ,______._.~..__._ ~-...-- .-_ -. ( ( ~iB~fncrg ~2parlltUmt . 'li!ofxrn of ~ouil]olli Jmrnic, ~. 11- 11938 November 19. 1973 The Planning Board Town or Southold Southold. New York 11971 Tel. 765.3140 734.5211 ReI East Hill. SectionI Peconic, New York Gentlemen: At the preseD't time~ I would request that a Bond not be necessary ror the recharge basin. This will be used ~ i... u'\ at a later date ror a ruture recharge basin. Very truly yours, .. I d,? /) . .....~~A~ <<'mnm C. DEAN. Sup't or Highways R.CD:esg c- c- \S' - , ,,- n Yo. r- 'b- 'a\'J) 4..{,\~ \':b ~~ .;",~ ~ ~ ~~-- 01 (:> .....,. .... .' o '-' IV> -' , ,;:, ~\ ~ ~. ') ~ <:: -.0 , 52 -:r- .-- ci '-C' - .. .---.,.------.,... ) /.' ~ . . -'-1. r~ " . . . .r.,,).'r;~:':~~ .~~::~-.. . ,I"r. , ,,"(:,1 Y /'l--::-'" ,~~,::.,-<.-.c' :~::~ {,(?~:~~.:- OFFIcE OF TOWN':CLi~RK , ! .~~ '\ --- P \,l ,'''''- ....__ :>1 'tOWN OF SOUTHOLl) ',;;: '"-:'~'- .~-~. {! '~9FFOLK COUNTY ~. 't;'>~:\ -, ':~:~c::~.:.--,::...;. Southold, L. i., N. Y. 11971 TELEPHONE (516) 765-1801 . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS September 13, 1978 I Mr. John pontino Indian Neck Lane Peconic, New York 11958 Dear Mr. Pontino: Enclosed herewith in triplicate is the contract for the Pontino-Kull property on the east side of Indian Neck Lane, Peconic. All three copies of this contract should be signed by John Pontino, Joseph pontino and Richard A. Kull, and the Pontino's keep a copy and the Kull's keep a copy. . Please return original copy to me in the self- addressed envelope. Very truly yours, . ~~ ~~d?d J' J-<0Y Judi th T. Terry Town Clerk /< .. " (. . ;. rtl'cElVED \ , . :J." SEP 1 " '9-8 .. . I. / OOUTHOLD TOWII I, " " ,~!:3~f0:~ .'\;;r c.'Sr;- U.li( ,,~.~-<:-~ /1-~ V'jj;j,i. ,,'q~.'~ I,. ...~~ .,' c'>~'. /I'.~..:.~'t"_~~"''''\ t'" ,:'; ;::::,~./,;, i,i.<2" j;i".":, '2 \:~ ,,_ '" c,,~... <:; ;;J ,....__ ' .. u"'"' .1'".':,-' ~,.' _ x'- _..,... ,... o FFI c: E~ '?:k!1J~~,,^;~'lP R N ~y TOWN'OF"SOUTHOLD .' . "<'f!)! 'i~ l'\o~jY .' " ~, 425 MAIN ST. GREENPDRT, L. I.. N. Y. 11944 '" ";i~ TELEPHONE 477-1400 . ROBERT W. TASKER TOWN ATTORNEY September 12, 1978 Hon. Albert M. Martocchia Supervisor of the Town of Southold Town Hall Southold, New York 11971 Re: Pontino and Kull w / Town of Southold Dear Sir: Enclosed herewith in triplicate is the contract for the Pontino-Kull property on the east side of Indian Neck Lane. The contract provides for a total price of $7, 000. 00, one-half of which is to be paid to Kull and the other half to Pontino. The total contract price is to be paid at the time of closing of title. All three copies of the contract should be executed by all parties and each party should retain an executed copy. You should return an executed copy to me so that I can proceed with the acquisition. Yours very truly, ~ ~~~~ ROBERT W. TASKER RWT:MY Enclosures i'-. " ~f_J /,.-..........- ~--- '-,r- " '. ,. PF 28 (6175f S\andard N.Y.B.T,U, Form .-contract of Sale ".. . . CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY, NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty be, fore delivery of the deed, Unless express provision is made, the provisions of Section 5-1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. THIS AGREEMENT, made the day of September . nineteenhundred'and seventy-eight BETWEEN JOHN PONTINO, JOSEPH PONTINO and RICHARD A. KULL, all residing at Indian Neck Lane, Peconic, Town of Southold, New York, hereinafterdescribedastheseller,and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Street, Southold, Town of Southold, New York, hereinafter described as the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being iJL'tbll at Peconic, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and. deseribed as follews+- -- -- - - -- -- --_. BEGINNING at a point on the easterly line of Indian Neck Lane where said line is intersected by the boundary line between land of John Pontino and land of Anton Kull; running thence along said easterly line of Indian Neck Lane, North 11 degrees 42 minutes 50 seconds West 25.0 feet; thence through said land of Pontino, three course as follows: (1) South 84 degrees 29 minutes East 175.0 feet; thence (2) North 81 degrees 51 minutes 50 seconds East 282.57 feet; thence (3) South 8 degrees 22 minutes 30 seconds East 49.52 feet to the northeasterly corner of said land of Anton Kull; thence along the boundary line between said land of Anton Kulf and land of Mary Kull, South 8 degrees 22 minutes 30 seconds East 25.32 feet; thence through said land of Anton Kull, two courses: (1) South 81 degrees 51 minutes 50 seconds West 278.21 feet; thence (2) North 84 degrees 29 minutes West 175.0 feet to the easterly line of Indian Neck Lane; thence along said eaterly line of Indian Neck Lane, North 11 degrees 42 minutes 50 seconds West 50,0 feet to the point or place of beginning. Containing 33,520 square feet. It is understood and agreed by and between the parties hereto that the purchase price of $7, 000. 00 as specified in paragraph 2 hereof is to be paid to the sellers as follows: The sum of $3, 500. 00 to John Pontino and Joseph Pontino; and the sum of $3,500.00 to Richard A. Kull. 1. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by reason of change of grade of any street; and the sdle, will execute and deliver to the purchaser, on e1es!ng of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. .- \., ., Omit Claus. 8 if Ih. properly is not in th. City of New York Clause 9 is wually omilted jf th. property is not in Ihe City of New York .' . . . 2. The price is Seven Thousand and not 100 {$7, 000. 00)------------------------- DoIlars, payable as foIlows: >>Xdlm. oK:u,~lliKfi>Pt~l)gjiti~4t~~fu~~lIWt~~li&lI~~ Seven Thousand and no/100 ($7, 000. OO)_____________________________________DoIlaIS, in cash or good certified check to the order of the seIler on the delivery of the deed as hereinafter provided; taking title subject to a mortgage now a lien on said premises in that amount, bearing intere per cent per annum, the principal being due and payable Dollars, by the purchaser or . ns executing, acknowledging and delivering to the seIler a bond or, e option of the seller, a note secured by a purchase mane aunt, payable per cent per annum payable 3. Any bond or note and mortgage to b ven hereunder shall be drawn the standard forms of New York Board offille Underwriters for mortgages of like r ; and shaIl be drawn by the attorne r the seUer at the expense of the purchaser, who shall also pay the mortgage re ing tax and recording fees. 4. If such purchase money rtgage is to be a subordinate mortgage on the premises and subordinate to the li of the existing mortgage of $ , anyexten. sions thereof and to mortgage or consolidated mortgage which may be placed 0 e premises in lieu thereof, and to any exten' s thereof provided (a) that the interest rate thereof shall not be greater tha per cent per annum b) that, if the principal amount thereof shall exceed the amount of principal owin d unpaid on said existing gage at the time of placing such new mortgage or consolidated mortgage, the excess be pai tbe bolder of such ase money murtgage in reduction of the principal thereof. Such purchase money mortgage shaIl als ovide that su payment to the holder thereof shall not alter or affect the regular instaIlments, if any, of principal payable t under nd shaIl further provide that the holder thereof wiD, on demand and without charge therefor, execllte, acknowledg d deliver any agreement or agreements further to effectuate such subordination. S. If there be a mortgage on the premises tbe seIler agrees to deliver to the purchaser at the time of delivery of the deed a proper certifica!e executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to lI\e amount of the unpaid principal and interest tbereon, date of maturity thereof and rate of interest thereon, and the Seller shall pay the fees for recording such certificate. Should the mortgagee be a bank or other institution as defmed in Section 274.a, Real Property Law, the mortgagee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or employee, or agent, containing the information required to be set forth in said certificate. SeIler represents that such mortgage wiIl not be in default at or as a result of the delivery of the deed'hereunder and that neither said mortgage, nor any modification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the delivery of the deed hereunder. 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie whicb are not violated by existing structures. b. Consents by the seIler or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, ceIlar steps, trim and cornices, if any, upon any street or highway. d. .Any state of facts an accurate surveyor personal inspection of the premises may reveal, provided the same does not render title unmarketable. 7. All notes or notices of violations oflaw or municipal ordinances, orders or requirements noted in or issued by the Depart- ments, of Housing a,nd Buildings. Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affectmg the premIses at the date hereof, shall be complied with by the seller and the premises shaIl be conveyed free of the same, and this provision of this contract shaIl survive delivery of the deed hereunder. The seller shall furnish the pur- chaser with an authorization to make the necessary searches therefor. ~~~~~~~mI~~~S~~~ K~i(~lWQX~~:;.pM~~\{X~li.C2P~ 1""=- XXX1X:!Xlil~XOC'~~W~iliiNS'<fs)6KaB:~PliKID'i~~K1lffi~~~ M~IDii'XiruwM{>[!1GiffiCJrn~lii~e'{O'Jll(~e.;in:;:~::wi:lillti....~~~v.~~ ~~:i&.*iK~~P6**"'-Ih~aIDlli~lIlli~Ki)l:~ ~~~ . ... ~. - ce ~ , ~~ M>>iK~WX 10. The following are to be apportioned: W:*~!l;ll\~~~l!!J!.~ibimtN\lSl{IUXIXl~~*RDc:roiI:mKXK1X~~Xill~j>Ql"lil'li/{lt- x~~'\"fllt~H(l:iXllOX~;l(lJ) Taxes ~~JRGlfs, if any, on the basis of the l!;;1l:iI: year for which assessed. (l!:)cWntJ{li1~l!!1KJON~l'~N~~j{~~lp,P'I!ffY. lien II. If the closing of the title shaa occur before the tax rate is flxed, the apportionment of taxes shall be upon the basi, of the tax rate for the next preceding year applied to the latest assessed valuation. " , . , :-'> . 'I ~ t'\" '- t'1 c- q -. : t-- -. (':: \\ ~ ~\ (;. ~ ~. ~. ~~ ~ r,\. .... ". ~, -.1 "\ y ... ... -.. :-....- '>~ fJ " '"\ "'.. ~ ~ -.. r;;j <: \......:.... ;.---.; ........:.. '<. ~ " .~~~ ... -) \ <, . ,- ., ... ....... : ""......-=..-0(") iO~02:;::'C > :!e_..=~ p~i:lf('J~~...> ~31~~~~~~ ':Z..;>?;ct: 4~ a ,. >'" - ~~:'"~~]:a -..; w;.:: c. 0 t;. n ~;::o<';(,lOO> :::...._;;1:<1::.::::: S?>::S\~=oC -';/,.;.-"=........ 2:t~c;i:'!~E ll.~~%..==o i...~..,!:~cz ,., .. :;::... ~-- '0 rfl '" \ . () <. -- Cl .. r :-- ....: , . ~ .... " C;<~ t~ ' '<) ~ ~ (\j .. -..! ~\ . ~~ \ ' .. ... ,.... :s. ...... ~. '""'1 ., .. '. , . . 'l () ~..-: c~ ~ 'b 'i. .... '0 '4 lJ'\ ~"'-n o~;;:o -o....:! -::::)oo~ =S?j2 ~~~.. ;;,. 7' X ........;S~ ~~o~ - ~ ~.... - -'... ~ oz-:.c ~CJ~~ . -.., > _o~ ~~z o~9 . . ~ ~ .. , -. ..... .....~) /.,- ...... "<"" ~ Cr.. ;L> c: \J ~ 0-.::0 . t'.\ \\ 11n: ,..' . "l--" '.; \.J ~ " :t. C)~t0 c:: ~rl ....., ~~ ~ r..' ........ CJ .r'"" tJ t'- ~ '. ..:. C:.... ~ " b ... .. .'1-. (>' .. " " " , . , l"\ '" ::::: ----It: " \:'" ~ ~ ....~ <""" <:: . "'- -:::a "0 "" \ \ --- ~---- J. " " \. \ <~... ^( E c,~ L.AN(J --.------$'0..- ~ 2$'/ I : SS' ,. ,~ . I , : .,., . ! I . . , ... , , :> ~ ""(;. i ;:, i , to \>. t'- t\\ I I t:. I I , i:'._ , - ih , , '" & 'Ci I '" I . I ~ I ,. ... /..., , 'I I '}. .......... '\ t~, ; :;0. l:> f .. , ~ , 0 . . 'C. , ,r<:: ~ "" f - l:\ I /l<. ~ ~ I I , l\~ "~ ,. -' ~. , ....--.. ' I .~ i I:> 11- ll- ~. I:- "1-.. '""'t ~. ~. .~ . " \ I~ " ". ; It) :01 ,,;;. . \ .... \) \\ . !l j ,~: '..> :1 I 'I to; ~ ~, " () <-<.! .. '.~ ::-- ~- .. . , i - .. ~! >., l',. '\, .~~ \! ~' -. , !:ll' :... ., c' ! ~ " ,It I .' \;.; ., fI; ,~ (J. " .~ ~ (:> ti- " ... \j I:l ~ ... t- " ,. .. Cl ',' i .,.: __ I .... .....~ , , I i , ~,"'A Co -=-:J $"o...:.t: -3 ~ .. ~ ':'- t.... ~. ~ t.. 0;.. ~ 1 ~ ~ ~ ........<.. g::\oz n.......JIo >-o~~ =Z"':C ~.~.~ g C1~...-___ . ~._:; -- . ,",0. . ---- I ,--~ . ~ -~- = ~ ~ -' .-' . ~ - z :i :! . / --~---=--'--___ ie~~ - ' .--- .-0 05. .- ;-. -.- - ~-. -- 2 ... ~ . Olflit Clatlle 15 if th,properry i.notin th.,Clty of New York. ,~ 12. If .there be a water meter_he premises, the seller shall furnish a readi~ a date not more than thirty days prior t,o the .time herein set for closin , and the unfIxed meter charge and the um. sewer rent, if any, based thereon for the inter\'~ning time shall be appol IOned on the basis of such last reading. " r . ' . . ,. 13. The deed shall be the usual Bargain and Sale with Covenant against Grantor's Acts deeq in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the pur- chaser the fee simple of the said prcmise~ free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the timt of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a cerUficate by the Secretary or AssistJ.nt Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital suffIcient to establish compliance with said section. 14. At the closing of the title the seller shall deliver to the purchaser a certifIed check to the order of the recording offIcer of the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certifIed check to the order of the appropriate orncer for any other tax payable by reason of the delivery of the deed, and a return, if any be required. duly signed and SW'1m to by the seller; and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate offIcer promptly after the closing of title. -X~ , II The seller shall give and the purchaser shall accept a title such as any title company doing business in Suffolk County ,a Member of the New York Board of Title Underwriters, will approve and insure. 17. All slims paid on account of this contract, and the reasonable expenses of the examination of the title to said premo ises and of the survey, ifany, made in connection therewith are hereby made liens on said premises, but sucillicns shall not continue after default by the purchaser under this contract. 18. All fIxtures and articles of personal property attached or appurtenant to or used in connection with said prcmises arc represented to be owned by the seller. fre< from all liens and encumbrances except as herein stated, and arc included in this sale; without limiting the generality of the foregoing, such fIxtures and articles of personal property include plumbing, heating, lighting and cooking fixtures. air conditioning nxturesand units, rangc~, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flngpoles, pumps, shrubbery and outdoor statuary. 19. The amollnt of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and discharge, with the interest and penalities thereon to a date not less than two business days after the date of closing title, may at the option pf the seller be allowed to the purchaser out of the balance of the purchase price, provided offIcial bills therefor with interest and penalties thereon fIgured to said date are furnished by the seller at the closing. 20. If at the date of closing there may be any other liens or encumbrances which the scIler is obligated to pay and dis. charge. the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seHer shall simultaneously cither deliver to the purchaser at the closing of title instrumcnts in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording or fIling said instruments; or, provided that the seller has made arrangements with the title company employed l>y the purchaser in advance of closing, seIle\ will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certifIed checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbranccs. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the fore- going requirements. 21. If a scarch of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to thaI of the seller. the seller will on request deliver to the purchaser an affIdavit showing that such judgments, bankruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fIXed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and. payment being made this contract shall be considered canceled. 23. The deed shall be delivered upon the receipt of said payments at the offIce of Robert W. Tasker, 425 Main Street. Greenport, N. y, 24. The parties agree that no broker brought about this sale ~JIll!Ilelt:lDqlQ.)!~KJfa[m:d;(lmcebfx 25. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which atone fully and completely expresses their agreement. and that the same is entered into after fuB investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to take title "as is" and in their present condition and subject to reasonable use, wear, tear, and natural deteriora. tion between the date thereof and the closing of title. 26: This agreement may not be changed or terminated orally. The stipulations aforesald are to apply to and bind the hens, executors, adminIstrators, successors and assigns of the respective parties. 27. If two or marc persons constitute either the seller or the purchaser. the word useller" or the word upurch3Ser~. shall be construed as if it read "sellers" or "purchasers" wherever the sense of this agreement s requires. IN WITNESS WHEREOF, this agreement has been duly executed by the parties heret . . In presence of: ':{ ':&vv-' _____ _ v--, ~ ~ J oGn )!:;;!;ino . Jo eph Pontino v x;ttJ (I. J1:.g Richard A. Kull at o'clock on October 12, 19 78 ~'w:llll TOWN OF SOUTHOLD 0. ~c , BYE-Z/,// ~/ .f/~j7!-::;;.L; Supervisor l -.--. . --. - --..- .....,.......~,~..",,--~.:-_~~=-'_.""'-,. '::_-~'--"",""','--"""-"'--,",,,# '''-'i----- ...-... ,- -. .. ... _ t, STATE OF NE'NYO!lK,COUNTY OF ~n the, 0' , dlyof person~lIy came 19, IS: , before me STATE OF Nl'W YORK, !NTY OF On the day of _ personalJY came .' r 19 IS: , before me " t " to me known to be the individual described in and who ex. ecuted the foregoing instrument, and acknowledged that executed the same. to me known .to be the individual described in and who ex- ecuted the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. 19, IS: , before me STATE OF NEW YORK, COUNTY OF On the day of 19 personally came to me known and known to me to be a partner in IS: , before me that he is the of a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. , the corporation described in and which executed the foregoing instrument; that he knows the sea) of said corporation; that the seal aff1xed to said instru. ment is such corporate seal; that it was so afftxed by order of the board of directors of said corporation, and that he signed h name thereto by like order. Closing of title under the within contract is hereby adjourned to o'clock, at as of 19 Dated, 19 For value received, the within contract and all the right, title and interest o(the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 19. , at ; title to be closed and all adjustments to be made Purchaser Assignee of Purchaser Q!nntrnd nf &nlt TITLE NO. PREMISES JOHN PONTINO. JOSEPH PONTINO and RICHARD A. KULL SECTION BLOCK TO TOWN OF SOUTHOLD LOT COUNTY OR TOWN RECEiVED .- SEP 1 ;; 1973 Recorded at Reque5t of U-"i.IFE TITLE INSURANCE Company of New York RETURN BY MAIL TO To'--~'n f:lr...l( St')l'~rdd Standard Form of New York Board of Title Underwriters Distributed by U-"i.IFE TITLE INSURANCE Company ot New York Zip No. THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph 5 of this contract. He should furnish to the purchaser a full list of tenants, giving the na,mes, rent paid by each, and date to which !lIe rent has been paid. The PURCHASER should be prepared with cash or certified check drawn to the order of the seller. The check may "... /"'pdi(;..rl fM "'''' ~"'rv,,'dr''1':lt,. :'~O~Jnt ond cash may be provided for the b2tance of tne settlement.