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1000-78.-9-54
XICNORYAVENUESTANDARD SUBDIVISION a a t s ,=,o°RTN a� PREPARED FOR WA fR'"fw xpQ ALEXANDER y' ' •,.1 riEriN DER A . XTRACY M . SUTTON JTTON 1 "OR,Mwq°A SITUATED AT �, o NT SOUTHOLD O <D f OMNOA55E i s 2^18, o '� ` ' " - I TOWN OF SOUTHOLD SUBJECT 'Z'°4 ' SUFFOLK COUNTY NEW YORK g TpT I �d to PREMISES 5 - `�• 'e•QQ VK I� 9 ,�- .off n. \ / .. ) fRIY tuvE O 3W z2' urltry a Ra°n N °tocN EGcf pE P 1 °p � EEr°"E __ AVEMENr ah A S . C . TAX No . 1000 - 78 - 09 - 54 as pa o D PC �� y ' ` s =0 a 0 3 z o.ao. p0•p y°P W 7 SCALE 1 " =40' h S / JUNE 15, 2007 ROgO o� ) yW "'TREE l \�'` �\ II 7 W � I\ oEFF�zl JANUARY 21 , 2008 REVISED AS PER PLANNING BOARD COMMENTS f0'y. — etu' \ ooW o Ro .% l \ A "" MAY 12, 2008 ADDED ENVORNMENTAL RESOURCES NOTES AG ~ Own, °j \ \ �\ y^��— —�-1�/� I T "� �',� 3� JANUARY 15, 2008 ADDED WATER MAIN LOCATION KEY MAP ry v/ \\ AIrA`" l \\ ,.,-}a° y� , s'Au°e°GWOOD o I � ,I,P� 1 /It 'y7° J < MARCH 17,MAR20110, REVISE PROP009 OSEDTES LOT SIZES " � AUGUST 31 , 2010 REVISE PROPOSED LOTS & BUILDING ENVELOPE SCALE 1 "= 600' ��� °° / 9 Pam` TO L LO AREA — ° RpTakRR o 0 50 w / TA T — 79,291 sq. ft.- oa us �G°P°� NJ II 3° / / ms's z°G. \N' 1 .820 (_C. �' iI no, i cHIMNer I m hw6 TANK M{ ,/ e NAM. ha G• /,0 ,1` M fV," 1N •t?' vrvG�p h °p 4m v I 4tiya sr W / r 25 2011 o r H11 .4 °"�Y r ME ., 9z I EQ'T/„C',VO41\ ,1\o00Co ' ,EuiR;`N�W m RaOp el e' GgRAGE 1° I - vTn / !r W r °pER IKr W. j ' r I f Y. IYt` TEST HOLE DATAan k�? IS TEST HOLE DUG ON MAY 23, 2007 BY M DONALD GEOSIENCE 9 Ooa,ao ` rAol1 za 4g, OW re• ` I LO t up`F 4J / f C• ERT "' 'a, EL aI I' MIXED SAND M'a LOAM � 4WSW TRfF ` ' yg,291 5 i1. \ 1\< N� / g �Q r4L�IV NOTES r' IL , - 1 131 q \ ez'h� _ l `''A•o gyp'`- •vE 1. ELEVATIONS SHOWN THUS:•3R.P ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS DATUM. ��22a I. C) 1. CONTOURS SHOWN THUS:---50 ----ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. b KEY MAP 000 GALLONS. ti 2 MINIMUM SEPTIC TANK CAPACITIES FORA 1 TO 4 BEDROOM HOUSE IS 1, exowry curLv s.we sc W I 1 _-' o ° / , „ , 1 TANK; SCALE 1 = 100 B' LONG, 4'-3'• WIDE, 6•-7•• DEEP a (Q 3 us• rNe I 3 'a / \ 3 1M POOL; LEACHING SYSTEM FORA 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA 12• DEEP. B• did. II S YREE " Ja \SS r''?� PROPOSED EXPANSION POOL o2'S0� N J 1 NFLy A z W° " I TYPICAL PLOT PLAN PALE Bxvwx FINE snxo SP. r • 2'j ,,'` O PROPOSED LEACHING POOL ® ag' �\ 8'j0„ w `, z, \ _____4____m•—' ' ° (NOT TO SCALE) • P 0� JZpQy \\ PPO E \ W3' 0 PROPOSED SEPTIC TANK PROPERTY NE PROPERTY LINE Q PRO \\ II LI4 WELLS DATA OBTAINED FROM SHOWN OTHERS. ARE FROM FIELD PALE BROWN 9m SAND SM °2 I , 1 POBSERVATIONS AND/OR \ 1 2 5. THIS PROPERTY 15 IN ZONE R-40 �r Rf 50' I o o Y /N \ o weLL 6. THERE ARE NO BLUFFS OR WETLANDS AFFECTING THIS PROPERTY. w' a b 4,q H \''lam Iry y E \ o =ra 7. THIS PROPERTY 15 NOT INCLUDED WITHIN ANY AQUIFER RECHARGE, SPECIAL MUNICIPAL AD 1 4Rp I 200 0 WATER SUPPLY OR GROUNDWATER PROTECTION AREAS tl i O' A 0 B. THERE ARE NO ARCHEOLOGICAL OR CRITICAL ENVIRONMENTAL SITES AN THIS PROPERTY. `W ee eye ^ �\ q q 9. THIS PROPERTY IS IN FLOOD ZONE X (AREAS DETERMIED TO BE OUTSIDE 500-YEAR FLOODPLAIN). PALE axowx nrvE SING sp 1 / ' fpy ♦Q o 10. THE SOIL TYPES ON THIS PROPERTY ARE: OIN V \ v \ LOT,Z fLOp 11 IJ�GJ V LOT 2 LOT 1 PRdBOO (RIVERHEAD SANDY LOAM, 3 TO a PERCENT SLOPES) LA/ `\ 30,000:2 1 ft. `R0 q0. /', e RdC (RIVERHEAD SANDY LOAM, BTO 15 PERCENT SLOPES) L11.1111 4 0.689 ;ac.1 ,NTY an I � 4 NO WATER ENCOUNTERED n� � O \ I 3 ry s' `♦_"f L„ �, Oy Z O W�oydpEo � 1 II 3 / "i ,Q° LANDSCAPE NOTE Pv . �Y�-- I o� SHALL',, Esr HOLE 4 13uILOING THE REQUIRED FRONT YARD, EXCEPT FOR THE AREA OF THE DRIVEWAY. Nh z 1�7Her I / cH TREES AND/OR 5 RUBS WITH GRASS OR OTHER SUITABLE GROUND COVER. 6mLOINc / >AEE zb'TRE �% W° w�7 2 © ° NO II hA Ob 3° 3 _ _ FIRE DISTRICT — SOUTHOLD `rs G;°HE l •,,;GCE pT Lim f zo SCHOOL DISTRICT — SOUTHOLD v W ` `0° \ I •"F� o SEPTIC sEPrlc POST OFFICE DISTRICT — SOUTHOLD O \ °RArVI� PoSr I I -�--- ----, \ \ z TANK TANK MO \\ T,I N RAL RNCE ~\ re TRE \ m b 2�m. bF;m. 11 'Y 121$'7 p» w o� E \\ m to' MIN LEACHING 50% EXPANDS NL IT LE CHINc OWNER AND APPLICANT: OOL 507. EXPANSION a, ALEXANDER L. AND TRACY M. SUTTON 5i `\ P°CL — 325 HORTON'S LANE \�55 yo Qo Eau Sys a "o Rano sane SOUTHOLD? NY 11971 dsA'Bq� 2pp p Nc MOS° UsesoW L �c49Y/¢yL/ °�'lty. 7i`po` FfrvcE "G �C WELL---_. pMBLIINC N [v Hl / °J'W crt,G[TE �(VtN ° WATER yo / " TYPICAL SEWAGE DISPOSAL SYSTEM Is y6/ /, (NOT TO SCALE) HOUSE TOP OURIEG aDEEP max FINISHED GRAVE FINISH °Poo INEUVER R 1 DEE sD , S LOOP covEP CAaln, N COV, WATERTIGHT GRADE M wsecr PROOF THIS SUBDIVISION WILL APPEAR IN evRlEe I' DEET mm Y OEEp max cpsT ON covcR To csmE DISTRICT 1000 SECTION 76 BLOCK 09 AI PF.1's FIE zo"mm rz0^mm, MIN. a' aio �NE of , zo SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES 2, +r /�p`t�e l y / rti't' PNCHSD 1 A' r' N o ArPRaysD PIrE HAUPPAUGE, N.Y. & yoyq/O/F R / / 4 b pxcHED 1/e°/1' DOROIJy E�glG /, / 9� / ��agyorT a3a NVEm BP 3awm AND/OR ISEASEMENTS TENCE OF RIOF RECOROGHT OF AYF L/lp)p Pisn— THE HgZt / DO 2D - aAFFLE BOTTOM / I I $ WeJ ANY, NOT SHOWN ARE NOT ORD, IF NYS LIC, No. 50467 Data 45 W �O� ED, e — E @s Wh DAY tip. R, HEREBY CERTIFY THAT THIS MAP WAS MADE \ SEPTIC TANK (11 END WALL AREA BY U5 FROM ACTUAL SURVEYS COMPLETED \ uncxlNc POOL _ JUNE 15, 2007 AND THAT ALL CONCRETE W 1 MINIMUM SEPTIC TANK CAPACITIES IS 1000 GALLONS. ACTUALLYMONUMENE SHOWN THIS ■ HEREON Nathan Taft Corwin III This is to Certify that the proposed Realty Subdivision or Development / so W"ORpG 1 TANK; a' LONG, 4'-]' WIDE, b'-y" DEEP a In ACTUALLY EXIST AND THEIR POSITIONS ARE I ria 2 CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 peI AT 20 DAYS COLLAR CORRECTLY SHOWN AND ALL DIMENSIONAL for Ip the T T R 3 WALL THICKNESS SHALL BE A MINIMUM OF 3", A TOP THICKNESS SI fi' A A ED FOM E'OF E55 of 4". e- AND GEODETIC DETAILS ARE CORRECT Land Surveyor WIN a total of lot wos v.( A 'NLgL/C \ /N ALL WALLS. B070M AND TOP SHALL CONTAIN REINFORCING i0 RESIST AN APPLIED FORCE OF ]OD psf pREGsi mNc, approved on the hove dole. Water Supplies and Sewage Dlsposol HE E. W a, ALL JOINTS SHALL H SEALED ST THAT THE VENN Is WATERTIGHT FanL[ies must conbrm to c nsbu[f on etondords n elfecl of the Nme ? \/� WAT R /,\, \ S THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX. TOLERANCE OF EI/4) a e' MINIMUM PENETRATION of conshudlon and Besubfecf to sepamke permits pwsuant [a those 2 STRE. ON A MINIMUM ]' THICK BED OF COMPACTED SANG OR PEA GRAVEL INTO A VIRGIN srPATA standards This This and e I shall to n,avolud Only f the arty 9ubdlVl the.. Wa" aW b A 10' min. DISTANCE BETWEEN SCPTIC TANI( AND HOUSE SHALL BE MAINTAINED BACx FILL MATERIAL TO DE 3 GPouND WATEP ANO AND GRAVEL BY development map duly filed with the County Clerk within and year c y cluu SAND AND GRAVEL Of this data consent Is hereby given for the filing of this map on THIS IS PL CERTIFY THE SUBDIVISION PIAN HAS BEEN APPROVED Successor To: Stanley J Isaksen, Jr. L.S 3 2 A T .( `/ SOLUTION which this endorsement ppeo s n the Office of the County Clerk a ,mJ° a ]� BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RE aomonce with ma �rdeaevlslons ICt me Public Health Low and the a �`/ I LEACHING POOL OF APPROVAL GATED Joseph A ngegno L.S. smmlk meaty With the a aP Title Surveys — Subdivisions — Site Plans — Construction Layout 3 0 �� I hereby certify that the water supply(s) and/ar sewage disposal systems) for this pra)eut MINIMUM 12' DING 8 dis Is 3°D sq m smLwau AFEp, y 1 poop r_ DEEP, a mn m were designed by me or under my direction Based upon a Careful and thorough study of z LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) / a° O the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County G. n�LCcwERsS HnuxeE SOLID DOMES CONCRETE EOR EQUAL). PHONE (631727-2090 Fax (631727-1727 [' Department Of Health Services construction standards In effect as of this dote, 4 A 1O' min DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL RE MAINTAINED OFFICES LOCATED AT MAILING ADDRESS s AN e' min DISTANCE BETWEEN ALL LEACHING POOLS SHALL B1Ml CHAIRMAN PLANNING BOARD 1586 Nam Vito A. Moral, P,E. G, AN e' min, DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED Jamesport, New Yoarkrk P.O.11947 Ja mesport, Neeww York 11947 16 Director, oivlRlnn of Environmental Quality T� T—~ 27-166F WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 11, 2011 4:00 p.m. Applications Project name: Currie, LawrenceSCTM# 1 00020-59-6-1 8.1, 19.1 & _ M... . . _ .. Location: on Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in Southold Description: This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6- 19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. Status: New Application .... Action: Accept for review .. . Attachments: Staff Report Location: � 6�0 N�rth Bayview Roel, �11.56 feet northeast C11 1TM#:� 1000 78-9-54 & 78 Project name: .. of Liberty Lane and Victoria Drive, Southold Descri tion: ...... _. _ __ _ p his proposal is for a standard subdivision where two parcels, CTM#1000-78 09-54 (1.82 ac.) and SCTM#1000-78-09-78 (0.624 ac) will be re-subdivided into two new parcels. Proposed Lot 1 will be 49,291 s.f. and proposed Lot 2 will be 30,000 s.f. in the R-40 Zoning District. _®m... . . __ _ _ Status: Denied Action: Review plans recently submitted. I : Staff Report Attachments ......... ............... Project name: David Verity SCTM#: 1000-78-3-26 Location: 860 Nakomis Road, Southold _ _,. .._.. . ... Description: This proposal is a Standard Subdivision of a 1.32 acre parcel into two lots where Lot 1= 0.60 acres (26,340 s.f.) and Lot 2 = 0.71 acres (31,057 s.f.) in the R 40 Zoning District. _... _ _ Status: Review Application Action: Review application for acceptance by Planning Board. Attachments: St I .. .. .. i u aff Report; Draft Letter, _m �. ........_ a ( _ ., _, L.Pro ect name James Creek Landin pp 'SCTM#: y 1000-122-3-1 4 ocation f West side of Main Road, a rox 280 south of New Suffolk Ave, Mattituck� Description: This proposal is to subdivide a split-zoned parcel into five lots where Lot 1 equals 40,686 sq. ft.; Lot 2 equals 33,007 sq. ft.; Lot 3 equals 44,986 q sq. ft.; and Lot 4 equals 43,520 sq. ft. in the R-80 Zoning District. Lot 5 equals 77,747 sq. ft. and is located in the B Zoning District. The open space is equal to 5.59 acres or 60% of the upland area. Status. Sketch Approval Action: Review draft resolution for Cond. Preliminary Approval, Attachments: Draft Resolution PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax: (631)765-4643 May 25, 2011 Attn: Heather — -- -- Town of Southold Planning Board —— -Main Road Southold NY 11971 MAY 2 5 2011 RE: SUTTONrD.SU�9w SCTM: 1000-78-9-54 & 78 ....... Dear Heather: I represent Mr. And Mrs, Sutton. On September 15, 2009 the Planning Board denied the Preliminary Map of the Sutton's standard subdivision because it required a variance from the Zoning Board of Appeals for an undersized lot. The Zoning Board granted the required variances pursuant to the enclosed map prepared by Nathan Corwin III and last dated August 31, 2010. This map is a result of negotiations with the neighbors during the Zoning Board hearing. Enclosed is a copy of the Zoning Board decision. Enclosed are 4 prints of the revised map. Please place this matter back on your calender so that this subdivision may be discussed with the Board. Thank you. Very trul urs, Patricia C. Moore PCM/bp c: Mr. & Mrs. Alexander Sutton BOARD MEMBERS hO��fjF soulyo`o Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P.Goehringer CP ` O Town Annex/First Floor,Capital One Bank George Homing 54375 54375 Main Road(at Youngs Avenue) Ken Schneider y�� n" Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax(631)765-9064 yam, Q'. t3 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7,2010 a47w %�, South d To Aerk ZBA FILE No.: 6385 NAME OF APPLICANT:Alexander L.and Tracy M.Sutton SCTM#1000-78-9-54 and 78 PROPERTY LOCATION: 1160 North Bayview Rd. and Victoria Drive, Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is a conforming improved parcel in the R40 zone it contains 106,450 sq. ft. combined. The property has 250.45 feet of frontage on North Bayview Rd., 505.57 feet along the eastern property line, 288.66 feet on the southern property line and 400 feet along the western property line as shown on the survey prepared March 25, 2009 by Nathan Taft Corwin, III, LS. BASIS OF APPLICATION: Request for Variances from Code Section 280-18 based on an application for building permit and the Building Inspector's October 14, 2009, Updated March 18, 2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code required 80,000 square feet for two lots. RELIEF REOUESTED: The applicant is requesting a two lot subdivision of which SCTM01000-78-9-78 is a roadway and cannot be considered in the lot area total. As such, the proposed two lot subdivision minus SCTM#1000-78-9-78 would only contain 79,291 sq. ft where the code requires 80,000 sq. ft. for a two lot subdivision. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the character of the neighborhood. The applicant on September 14, 2010 submitted a survey bringing the lot line of the subdivision into more conformity with the Reydon Shores subdivision by proposing lot 2 at 30,000 sq, ft., and proposing lot 1, which is improved with a single family dwelling at 49,291 sq. ft. which is more in keeping with the lot sizes fronting on North Bayview Road. Page 2—October 7,2010 ZBA File#6385-Suaon CTM: 1000-78-9-54&78 ADDITIONAL INFORMATION: In a letter dated September 15, 2009 from the Town of Southold Planning Board it states that the proposed standard subdivision for Sutton is denied due to the inability to meet the yield requirements as outlined in Southold Town Code 240-10(B). Additionally,the Board received a number letters and petitions from neighbors and attorneys for the neighbors against the proposed subdivision. However, at the Public Hearing held on August 26, 2010 the applicant, neighbors and their respective agents arrived at a mutually agreeable outcome that is reflected in the alternative relief granted herein.. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 30,2010 and August 26, 2010 at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 8267-b( WWD. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Reydon Shores consists of a majority of 15,000 sq. feet (100 x 150) parcels. The proposed subdivision will consist of two lots with each one conforming to the neighborhood that it fronts on,and will be in keeping with the character of both neighborhoods. The existing right of way(tax map number 78-9-78)will be kept separate from proposed lots 1 and 2 and shall remain open for public access as it currently is used. 2. Town Law 8267-6(3)(6)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The 50 ft. by 500 ft. parcel (SCTM#1000-78-9-78) was acquired by the same owner of the improved parcel. It was the applicant's belief that the additional 27,159 square feet could be added to their improved lot (SCTM#1000-78-9-54) which would permit the subdivision of two conforming lots.This map received sketch plan approval on December 9, 2008 and a SEQRA negative declaration from the Town of Southold Planning Board on March 23, 2009. It was not until public hearings for preliminary map approval and on September 15, 2009 that the Planning Board determined that the contiguous parcel (SCTM#1000-78-9-78)was not a building lot but, in fact,a roadway per Town Code and not allowed to be used to determine yield,thus they denied the subdivision. 3. Town Law 8267-b(3)(b)(3). The variance granted herein is not substantial. The land is only 709 square feet shy of compliance with the total acreage required for a conforming two lot subdivision. The subject parcel is 200 by 400 feet,however,it is a parallelogram which can not be subdivided evenly into two conforming lots. 4. Town Law 8267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law 8267-b(3)(b)(5). The difficulty has been self-created, in so far as the code recognizes Parcel(1000- 78-9-78) as a R.O.W. which cannot be used in the yield calculation for total lot size for subdivision purposes. However, the total square footage that the applicants improved property lacks, without including the R.O.W. is small(only 709 sq. ft.). 6. Town Law 8267-b. Grant of the alternative relief is the minimum action necessary and to enable the applicant to enjoy the benefit of a two lot subdivision while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer,and duly carried, to DENY, the variance as applied for, and GRANT ALTERNATIVE RELIEF, as shown on the survey dated August 31, 2010 Revise proposed Lots and Building Envelope, prepared by Nathan Taft Corwin, 111, LS; and received by the Board of Appeals on September 14, 2010, subject to the following conditions; Page 3—October 7,2010 ZBA Filc#6385-Sutton CTM: 1000-78-9-54&78 Conditions: 1)The 50 foot x 400 foot R.O.W. (parcel 1000-78-9-78)must be continuously maintained by the owner and any future owners with clearing for vehicular traffic including emergency vehicles; 2)Lot 2 shall have a front yard setback of not less than 40 feet from the front property line 3)Covenants and Restrictions shall be prepared and recorded with the Suffolk County Clerk for conditions 1&2 noted above. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconfonnities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer, Dinizio,Schneider. (Member Horning by telephone, no voting rights) 71his Resolution was duly adopted(4-0). RE EIYE So Leslie Kanes Weisman, Chairperson Approved for Filing Id/a/2010 OCT 1 3 "'U Q� Southold Town Clerk s STANDARD SUBDIVISION oil "'�.°RTN GB4F PREPARED FOR ALEXANDER L. & TRACY M. SUTTON SITUATED AT / '� �• SOUTHOLD TOWN OF SOUTHOLD 'i' %• SUFFOLK COUNTY, NEW YORK ,� p( S.C. TAX No. 1000-78-09-54 1/,• 1 4A 1 SCALE 1"=40' JUNE 15, 2007 JANUARY 21, 2008 REVISED AS PER PUNNING BOARD COMMENTS \ Ldli. RESOURCES NOTES J � MAY 12. 2008 ADDED ENWORNMENTAL •I JANDARY 15 2008 ADDED WATER MAIN LOCATION MARCH 25. 2009 REVISED NOTES I MARCH 17. 2010 REVISE PROPOSED LOT SIZES AUGUST 31. 2010 RENSE PROPOSED LOTS R BUILDING ENVELOPE TOTAL LOT AREA = 79,291 sq. it. 1.820 cc. I �;/a `""2' [MYAIIW6 9WI,N MIS...YE RYEMxV,TE T«MMW„.L1L NY«11K EAS,OIx,EW16 WN”. KEY MAP 1.EWmER uuwx,wl:---sE----AR scum rmx rox6vuxeM xY«nrz rAsrtRx rowxs y. z.IRNNen1 gr,w rule eYACTxs FW A,ro.emnWN xarsL rs!mE vAu4xrs. 1 rulM a 6«k,4-r MOL a'-r ELv SCALE 1"=100' !.r exp TO..ro.W„xEllY rs,W q n:,«W.:L Yu. TYPICAL PLOT PLAN Iwr°6m mumEx r°EL (xm 1M zcWz) ®IR«6u61zAcww 1°« W ®IwrouE uWN rANN ATIL IM MW«N[YE YE C[>o00LY]IpNM KKRF°N MA BROM 11DO .1.AND/OR MrA MYm IIICY°11R9S MI6 M BUY M M ILML R-10 S TIER YE b eWIS MI xETMO!/YECIINO IMS IROYfIf1Y. ,.MM A«QIY M MR IIgLE(O MTIe1 YS!10YR[R R%MYXN'.SRCIW WXIEIIY MN WMLi M ORpI1pxARR IWIELIMX.VF.6. R.M9 PIR'L Is lYOa MlOIE M O'er EIMNIIRMM 1.A.TWO RYE I6OWIMX). (Y[Y DDQxIIO,E PE W,SIEE YE- LOT 2 LOT 1 °E.ra 6(aL mo W Wu vREXERrc AR: Pxec(uwwLn vxX1 wY,e m�3 rvlcpn swRi) - - lAN GPr x RLpNRO]61pXI IME.FLEW 6M MF ARA«TE OXIVryAi. Wx6V[ L6 MT OR%P�6 WIIM ERYS EP°MY SIRYIL ORPXIE WVG. FINAL IV AP • �" "`° REVIEWED BY ZBA scxoo�o6rRST _ so0lHOLo SOUTHOLD $EE DECWJ1 / Pon OFTI& DISTRICT - SOUTHOLD DAWD�I— I�°,� WNER AND APPLICANT' G ALEXANDER L. AND TRACY M. SUTTON 325 HORTON'S LANE �� mo P.O. BOX 70 SOUTHOLD. NY 11971 TYPICAL SEWAGE DISPOSAL SYSTEM WmmeWq e'�KK '14 ram .� A.A •�••• •m '°¢ ME viWE sLcmx � RECEIVED * s # ® REW E SEP Ipioa soe En '�' ! Ew zYv mawiA:uE BOARD OF APPEALS BARE 5 I.c Me 'A.61 %V". V" CEEriIv TWT MI6 VYW WY wEE x z"mixurm irui w mlwL,f1Epz Nathan Taft Corwin III '�" TNLLY FASr xO TqA PoLIIMX6 ME [pXIEtILY SIFWI NE ALL EWFN61gW1 Land Surveyor E, E LEMR,ML - -- A, TESIS%BD•TD a lx[ImAE!6"WCYIIMpD HI nL9Mlnox Rk saner:-suN.ilams - 50 P— - C."—I,-Lopid lVl"ik Nwou91,VIA,CO wnnmu.w ewx.m me s.nu:eoM,r PxaNE(631)727-20W . (631)727-1711 .or mu aua WT u"Ya.Poia "" OfMiFI LOGGED aT `E MNUM ADDRESS n W r.mwn nao-.u.w.c rmn xo"m w,.0 W r„ro LHW Ww P INC OM® 1586 Mom Pw0 PO Boe 196 Jomeyu,l,Ner TEh 11947 June1d B-Yoh 11947 27-1661 • MAILING ADDRESS: PLANNING BOARD MEMBERS �1JF so�jy P.O. Box 1179 MARTIN H.SIDOR hO� Q/_ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y AIM Town Hall Annex KENNETH L.EDWARDS ' 54375 State Route 25 GEORGE D.SOLOMON Q (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND !'YCQU0 1 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 2009 Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Preliminary Plat Denial: Proposed Standard Subdivision for Sutton Located at 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-9-54 and 1000-78-9-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 14, 2009: WHEREAS, this proposal is for a standard subdivision where two parcels, SCTM#1000- 78-09-54 (1.82 ac.) and SCTM#1000-78-09-78 (0.624 ac.) will be re-subdivided into two new parcels. Proposed Lot 1 will be 61,899 s.f. and proposed Lot 2 will be 44,587 s.f. in the R-40 Zoning District.; and WHEREAS, the Southold Town Planning Board granted Sketch Approval on December 9, 2008 on the map prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, an application for Preliminary Approval was submitted on January 15, 2009; and WHEREAS, four public hearings have been held for preliminary approval on May 11, 2009, June 8, 2009, July 13, 2009 and August 10, 2009; and WHEREAS, based upon information submitted at these public hearings and based upon careful review and consideration of the information regarding the status of SCTM#1000-78-09-78 for the proposed Standard Subdivision of Tracy and Alexander Sutton, SCTM#1000-78-09-78 totaling 27,159 square feet (0.624 acres), the Planning Board has determined that SCTM#1000-78-09-78 remains designated as a "roadway" based upon the following: Sutton Page Two September 15, 2009 1) SCTM#1000-78-09-78 is described and depicted as a 50 foot roadway and extension of Victoria Drive on a Town of Southold filed subdivision map for the Subdivision of"Reyden Heights" since 1959. 2) A report from Southold Town Planning Board to Southold Town Board, dated May 13, 1959, stating that "...the roads are all 50 feet and been cut through." 3) The tax sale from the County did not in any way alter the description of SCTM#1000-78-09-78; and WHEREAS, based upon the foregoing determination that SCTM#1000-78-09-78 is a road, pursuant to Southold Town Code §240-10(B)(2)(b), when determining yield for a proposed subdivision, total lot yield shall be determined on buildable lands only: B. Yield Plan. (1) Purpose. The purpose of the yield plan is to determine the allowable density. (2) Standard Subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section and shall include a requirement to provide affordable housing. (b) Total lot yield shall be determined on buildable lands only. Subdivision design shall exclude the following features, unless the applicant shall have obtained a permit from all relevant regulating authorities approving the applicant's right to place residential structures in the subject areas: [71 Areas required for public or private rights-of-way. WHEREAS, "Buildable Lands" are defined by Southold Town Code §240-3 as: BUILDABLE LANDS -- The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, underwater lands, land subject to the transfer, sale or extinguishment of development rights and other restrictions that prevent the use of such land for construction of buildings or other development. The terms "wetlands," "beaches," "bluffs," and "underwater lands"shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," 'primary dunes"and "secondary dunes"shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code; and WHEREAS, because SCTM#1000-78-09-78 in its entirety, is designated as a "Road", it cannot be used to determine yield; and WHEREAS, this proposed standard subdivision is in the R-40 Zoning District which has a minimum lot size of 40,000 square feet. (See Southold Town Code §280 Attachment 3.); and WHEREAS, SCTM#1000-78-09-54 totals only 79,291 square feet and because SCTM#1000-78-09-78 is designated as non-buildable land and, therefore, cannot be used when determining yield for this proposed standard subdivision, the total acreage of Sutton Page Three September 15, 2009 SCTM#1000-78-09-54 for the proposed subdivision into 2 lots is insufficient, as 80,000 square feet would be the minimum required for this proposed subdivision to be in conformance with Southold Town Code zoning requirements (The yield, as presented, is 709 square feet short.); be it therefore RESOLVED, that based upon the above reasons cited, the Southold Town Planning Board hereby denies Preliminary Approval on the map prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007, due to the inability to meet the yield requirements as outlined in Southold Town Code §240-10(B). If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman Southold Town Plannina Ard Work Session Agenda — PaaeRwo — Auaust 31, 2009 Project name: Hudson City Savings Bank I SCTM# 1000-122-3-1.2 Location: 11520-11750 Main Road, Mattituck Description: This site plan is for the proposed construction of 2 buildings totaling 13,227 sq. ft. where one proposed two story building is 9,500 sq. ft. of office space and the other proposed one story building is 3,241 sq. ft. for a bank use with 65 proposed parking spaces on a 1.931 acre split-zoned ' parcel in the General Business and Residential-40 Zoning Districts. Status: Site Plan Review Action: Review e-mail from applicant, draft resolution & NYS DOT Approval. Attachments: Draft Resolution, E-mail, & NYS DOT Approval .... Project name: Briarcliff Sod, Inc. - Conserv. SCTM# 1000- 97-10-1, 85.-3-12.1, 85- 3-12.2 Location: s/s/o NYS Route 25 and the n/s/o Leslie's Road, approximately 1,500 feet e/o Bay Avenue, in Peconic Description: Conservation Subdivision of a 24.97-acre parcel into three lots where Lot. 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres from which the Development Rights to 21.22 acres have been purchased by The County of Suffolk for the purpose of farmland preservation. Status: Conditional Sketch Approval Action: Review draft resolution. Attachments: Draft Resolution Project name: Cichanowicz, David SCTM#: 1000- 85-3-10.2, 97-10-2,' Location: s/o State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road, in Peconic Description: This proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 73,336 sq. ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres. Status: Conditional Sketch Approval ....... ...... Action: Review draft resolution. Attachments: Draft Resolution Project name: Sutton, Alexander& Tracy SCTM#: 1000-78-9-54, 78-9-78 Location: 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold Description: This proposal is fora standard subdivision where two parcels, SCTM#1000-78-09-54 (1.82 ac.) and SCTM#1000-78-09-78 (0.624 ac) will be re-subdivided into two new parcels. Proposed Lot 1 will be 61,899 s.f. and proposed Lot 2 will be 44,587 s.f. in the R-40 Zoning District. Status: Sketch Approval Action: Review new submission. Attachments: I EILEEN A. POWERS,ESQ. PLLC ATTORNEY AT LAW 431 GRIFFING AVENUE RIVERHEAD,NEW YORK 11901 (631)727-8250 (631)727-7182(FAX) August 20, 2009 Southold Planning Board Town of Southold Town Hall Main Road "� ' •�A`, Southold,New York 11971 Re: SUTTON SUBDIVIS Private Road-Victoria r \' W _ Dear Members: —� After having reviewed the submission of the applicant presen d at "bearing" . held on August 10, 2009, we are compelled to respond to point outierr s ofpgt and" logic as well as their obvious effort to divert the Board's attention flo_m� -thi✓'`issues at hand. After reviewing this information, kindly make it a part of the publift6brd in this matter. I. APPLICANT'S "INTENT" TO IMPEDE OUR ROADWAY/RIGHT OF WAY At every "public hearing"held in this matter, and again in the recent submission, the applicant's comments have been largely limited to this position that the"concerns" of the residents of the Reydon Heights neighborhood are unfounded as the applicant has no intention to "impede or frustrate" the private right of way easement. We respectfully disagree. First,the concerns and objections are not limited to "certain members" of Reydon Heights but are shared by almost every property owner. This fact is evidenced not only by the large number of residents who appeared at the public hearings but by the number of residents (including virtually every property owner in the neighborhood) who signed the petition of opposition that has been made a part of your file. It is disingenuous of the applicant to suggest the opposition is limited. There have been more at least a dozen neighbors who actually spoke in opposition or wrote letters voicing opposition. In addition, others were intimidated by the Chairman's comments at the hearings that additional neighbors could speak only if they had something new to add. If the Board wants to take that position, it should not then turn mound and accept a statement by the applicant that the opposition is limited to those of us who spoke. Second, the neighbors in Reydon Heights did not make up this concern that the Suttons intend to impede our right of way. The initial source of our concern was the notice delivered to some of the neighbors which included an explanation of how the easement could be relocated at the Sutton's will and also "shrunk"to a 4-5 foot wide footpath closed to vehicular traffic. Further, the Sutton's attorney apparently discussed this plan to shrink the road to a footpath with the Board. At the May 11, 2009 hearing, Planning Board member Joe Townsend, before being shushed by other Board members, challenged Mr. Vandenburgh's statement that his client's never intended to touch the road by reminding him that he discussed such a plan with the Board during work sessions. Despite these facts, the applicants insist our concerns are unfounded. Even now, Mr. Vandenburgh insists (incorrectly, I might add)that the law allows the applicants to relocate the road at their will. These statements have done nothing to alleviate concerns, and in fact have only heightened them. II DEEDED EASEMENT OVER VICTORIA DRIVE NOT LIMITED TO FIVE LOTS The applicant continues to insist that the right of way over the subject portion of Victoria Drive is limited to five lots. (See page 2 of 8/10/09 submission) They make this statement despite the title affidavit, supported by copies of numerous deeds and New York State case law, of Thomas B. Caulfield indicating that many properties in the neighborhood were granted easements over this portion of Victoria Drive. It seems Mr. Vandenburgh is attempting to confuse the board by simply ignoring the facts that hurt his cause. The reality is that it only takes one property owner with rights to prevent fine applicants from destroying the roadway. Here there are more than 40 such property owners. Our submission to the Board in July, including the title affidavit, makes this clear. Mr. Vandenburgh, of course knows this, which is why he goes on to address our view that the courts, when determining the width of the roadway, will look to the intent of Mr. Nidds, the original owner who made these roadway easements. Mr. Vandenburgh ignores the bulk of our evidence of Mr.Nidds "intent", again, because it simply does not support what his clients want to do. He ignores the fact that virtually every deed made by Nidds included a right to use Victoria Drive as it appears on the map (a fifty foot wide road). He ignores that many of the deeds include a specific grant to use all of Victoria out to North Bayview. He instead relies on the dedication made years later (i.e. after property rights have vested) to the Town, which did not include the subject portion of Victoria Drive. Without explaining why Mr. Nidds would have specifically included easements over Victoria Road out to North Bayview in these many deeds, or why he had it put on the subdivision map in the first place if he did not intend this road, Mr. Vandenburgh claims that the fact that the dedication deed did not include the subject portion of Victoria Drive proves he did not intend it to be a road. The problem with that theory is, again, it is simply not supported by the facts. Beyond the above detailed actions of Mr. Nidds at odds with his theory, a review of the dedication records at Town Hall make clear that Mr. Nidds did in fact attempt to dedicate the entirety of Victoria Drive to the Town. The Town Board refused the dedication because the road did not meet highway specifications. Attached hereto is a letter from Nidds' attorney,Lew Edson, confirming the fact that the Town refused Nidds' effort at dedication. Apparently, the Town did not want to pay to bring this portion of the road up to highway standards. This was not an uncommon issue during those years. We have attached hereto an affidavit from Jim Rich, a member of the Southold Town Board from 1970 to 1982. Mr. Rich recalls that during those years, the dedication of roadways to the Town, which did not meet highway specifications, were being refused. Since there was no mandate during those years from the Planning Board that the developers complete the roads to highway specifications,the Town was faced with paying to upgrade the roads, or leaving them as private. In this case, as with countless roads throughout Southold, the road remained private. It did not lose its character as a roadway. Mr. Nidds, in fact, continued to pay the annual property tax for that private road for more than 25 years. Thus, exactly the opposite of Mr. Vandenburgh's claim, these facts are only more evidence of Mr. Nidds intent with respect to the subject road. Further, Mr. Vandenburgh's entire submission on this point(at pages 2-3) only serves to heighten our concern over this application. Despite a sworn title affidavit and in the face of overwhelming factual evidence of our rights in that roadway, the applicants continue to claim that with the exception of five lot owners, the residents of Reydon Heights have no rights over the road at all. If it did not involve very important property rights for us, it would actually be laughable. We do not believe the applicants or their attorney are this unsophisticated,thus one has to wonder--whom do they think they're fooling? III APPLICANT'S LEGAL ANALYSIS Initially, we reiterate our plea for the Planning Board to have its own attorney provide the necessary legal analysis. We stand by our initial submission and careful analysis of New York State law on these issues. However, in a fiirther effort to assist, we must clarify Mr. Vandenburgh's "legal analysis". In another apparent effort to confuse this Board, Mr. Vandenburgh repeatedly argues that the case law cited by me is either irrelevant or overturned. This is simply not true. It is unclear whether Mr. Vandenburgh's efforts here evidence an intent to purposely impugn my ability as an attorney, or whether he simply lacks the experience to properly cite and interpret binding case law. It appears that Mr. Vandenburgh simply gleaned individual statements from cases that he purports to support his clients without regard for a full understanding of the court's holding. To begin with, Mr. Vandenburgh cites case law from the state of Utah to support his position. The case, Radakovich v. Comabay, 147 P.3d 1195 (2006)—see page 3 of his submission), arises out of a district court case in the state of Utah. Not only is the case of no legal precedent in New York, it is also a factually irrelevant case. A simple reading of the case reveals that it is primarily a procedural case addressing whether the lower court had properly applied local rules on timeliness of motions. While there is a reference to easements, the statement relied upon by the applicants refers to an casement that has never been located. This is clearly not the case here where the easement has been located on maps and in deeds for over fifty years. Thus, even if the case had any relevant holding for a New York jurisdiction, the ftfcts of the case are irrelevant. Further, the Lewis case and the Dalton case, relied upon heavily by the applicant, are not applicable. Both cases deal with an easement for ingress and egress that has not been located. The language of those easements simply grants the grantees a"right to ingress and egress"across grantors property for the purpose of getting from point A to Point B. In this case, the easement was the right to utilize a particular roadway, specifically located by the grantor. Mr. Nidds deeded easements to all of Victoria Drive to each of his grantees. Having submitted the original subdivision map himself, locating Victoria Drive, the applicants, who as subsequent owners stand in his shoes, cannot now be heard to argue that it was not located. Additionally, with respect to Mr. Vandenburgh's assertion that my citation to Deluca v. Noswal Park is misplaced, I submit that he missed the point of the reference. While the Suttons have not landscaped the roadway, as the applicants have pointed out, portions of the roadway have become overgrown over the years leaving less than 10 feet in width at certain points. The Deluca case holds that even in a scenario where the owner intentionally landscaped over the casement property, it cannot affect the bed of the easement originally deeded to others. Thus, in a case as here, where the growth over our fifty-foot wide easement was by neglect instead by intent, there certainly can be no finding that the easement to any portion of the fifty-foot roadbed has been lost. Even with Town roadways, which are routinely not opened to full width, ownership and the right to use of the entire roadbed remains with the Town even if property owners landscape over a portion of the actual fifty-foot roadbed. Finally, to be clear, Mr. Vandenburgh has essentially asked this Board to unilaterally reduce the Victoria Drive easement to an eight-foot easement. See Pg 6 of Applicant's 8/10/09 submission. The applicants have done so because they know they need the remainder of the footage to have sufficient area to obtain their subdivision without a variance. The problem is that this Board has no authority to alter our easement. The applicants should be told to obtain a court order altering the easement before revisiting this application. The alternative, discussed many times with the Planning staff and Assistant Town Attorney assigned, is for the Sutton's to obtain a variance from the Zoning Board of Appeals, leaving our easement alone. We trust this information addresses the issues of concern to this Board. However, if you have any questions, or would like to discuss the matter at greater length, please feel free to contact me directly at(516) 695-7660. Ir urs,Eileewers LEFFERTS PAIN'E EDSON ATTORNEY AT LAW SOUTHOLD, N. Y. 11971 DOVTMocO D-4600 October 8, 1969 Mr. Jack Sherwood Van Tuyl & Son Greenport, New York 11944 Dear Jack: On Maxch- 17,- 1969.-you did a-.map of proposed highways of the Nidds ' property in Bayview. in, order to be able to draw a description for the conveyance of all of- the 40ads to the town we need two. measurements: 1: The length of the extension westerly of the northerly line of Liberty Lane across th+e oul-de-sac at the north- west corner to the westerly line of Victoria Drive. The town is unwilling to take the northerly portion of the cul-de-sac . 2 . We need an extension northerly of the easterly lifYe of Victoria Drive across Eds Road to the northerly line thereof so that we can measure the distance from said point to the westerly line of Columbia Road. This point would be on the southerly line of the lot on Eds Road shown to be owned by Z milton, We plan to do the description by describing the outside perimeter of -the roads and then taking out -the three 1alooks and.. the northerly part of the cul-de-sac. Thank you. Sincerely, r LPE/ea Lefferts P. Ed on cc: Mr. William J. Jackens 0 0 COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT J7"e5 N: 3irrr Rich, duly sworn, deposes and says: TV 1. From 1970 to 1982,I was an elected member of the Southold Town Board. I am also a long-time resident of the Town of Southold. I am familiar with Victoria Drive, a roadway located in the Reydon Heights neighborhood in the Bayview section of Southold. Victoria Drive runs through Reydon Heights from Main Bayview to North Bayview. The portion of Victoria Drive,which extends from Liberty Lane out to North Bayview is, and always has been, unpaved. 2. It is my personal recollection,that in or about the year 1969, Southold resident Edward Nidds, who developed the Reydon Heights subdivision, approached the Town Board about his proposed dedication of the roadways within his subdivision. It is my understanding that the Town Board refused to accept the unpaved portion of Victoria Drive as it did not meet highway specifications. This road was not the only road refused by the Town due to failure to meet specifications. The debate over whether the Town should accept these roads is one of the first issues I contended with in January 1971 when I was sworn in as a councilman. It is because of this ongoing debate that I recall the Town's refusal to accept the unpaved portion of Victoria Drive. The Town could not accept an unpaved road from one developer and not another. A review of Town records during that time period should support my recollection. t fore a this (iX � � ay o st 2009. ich 14cm�S I I . (Z i C l 3-9 Notary Pub �c N06 ", w yak of 21242 in canrmiedon E,opr s 0u`iiamh 26,201 O ASTER & V,4 EIT -WdtfiRGH P Ft>S ` ATTORNEYS AT LAW 220 ROANOKE AVENUE SECOND FLOOR RIVERHEAD, NEW YORK 11901 FREDERIC C. FOSTERx(631) 727-7731 ` 4 MONTAUK HIGHWAY RICHARD W. VANDENBURGH` 3 ".,;y„". FAX (63� 727- WESTHAMPTON, NEW YORK 11977 ---- i 5;ZWI 7AIy[�E H.NET (631) 288-5550 ZACHARY IRTAZA RIYAZ a ," � �J ISS j FAX (631) 288-0286 TAYA N. WILLIAMS" I ' •ADMITTED IN NY IN NJ -� j tt OF COUNSEL J `*ADMITTED IN NY IN CT ---- ri '- JILL R. PLOSKY I- Aug st 7, 2009 Planning Board Office.,,_ Town of Southold P.O. Box 1179 Southold, New York 11971 Attn: Martin H. Sidor, Chairman Re: Sutton Subdivision North Bayview Road, Southold, New York SCTM#: 1000-78-09-54 and 1000-78-09-78 Dear Mr. Chairman and Members of the Planning Board: As you know I represent Tracy and Alex Sutton who are the applicants in the above referenced matter which is presently pending before your board. The Suttons are seeking to subdivide their property which consists of two (2) parcels totaling some 2.44 acres of land. The Suttons initiated their application in or about April of 2008, and then submitted various information in connection with their application seeking Planning Board approval. As the Board is aware the Sutton property consists of two (2) tax map lots comprising approximately 1.82 acres and .62 acres respectively. The Suttons purchased these parcels from Nancy Saproito in or about July of 2007 who conveyed these parcels with a Bargain and Sale Deed with Covenants Against Grantors Acts. The only significant distinguishing feature with respect to the Sutton's property is that a private right-of-way easement exists as evidenced by a dirt road which traverses the smaller parcel from North Bayview Extension down to the paved portion of Victoria Drive which is part of the Reydon Heights subdivision. The controversy that has arisen in connection with the Sutton subdivision seems to have centered around certain members of the Reydon Heights Property Owner's Association's concern that something would be done to prevent or impede their access and use of this dirt roadway for ingress and egress purposes between that paved portion of Victoria Drive in Reydon Heights to the North Bayview Extension Road to the north of the Sutton property. In an attempt to be unequivocal; the Suttons will not do anything to impede or frustrate the use of that right-of-way over their property. r 0 • An attorney resident of Reydon Heights, Eileen Powers, appears to have taken on the role as advocate for those members of Reydon Heights who believe that some harm wiil befall them or some right taken away if the Planning Board were to approve the Sutton subdivision. However misplaced this posture may be, and notwithstanding the inciting rhetoric that has been leveled by residents of Reydon Heights toward my clients and myself in connection with this application, I wish to provide this Board with certain undeniable facts, clear observations and references to applicable case law in this matter. First, the origin of the Reydon Heights subdivision is found in the ownership of Edward Nidds, who owned a large parcel of land bordered to the N.[orth by] M. Shipuleski &ors, [to the] E.[east by] M. Dickerson & ors, [to the] S.[outh by] Bayview Road — L. Edson, [and to the] W.[est by] M.L. Dayton [and] M. Colombo. Please refer to Exhibit '%" which is the Approximate Subdivision Map of Reydon Heights last revised on July 27, 1956. You will note the names of the surrounding property owners follow the above bolded description. Following the preparation of that map, Mr. Nidds then submits an Application to the Town Board dated May 5, 1959 which begins to clarify and explain his intent in seeking approval of the subdivision of his property. That application is annexed hereto as Exhibit "B". Under section numbered 2. DESCRIPTION OF PROPERTY the above mentioned bolded description defines what he intended to be the subdivision. Noteably, it does not include a reference to North Bayview Road, nor the land of Gritz as a defining part of the subdivision. It does however state under section number 3 of that application that there will be 50 foot roadways to access the property which shall be part of the subdivision application. What is also notable, is that in 1955 Mr Nidds sold a large parcel to George and Josephine Nenning (presently SCTM lots 55, 56, 57 & 58) that made reference to a right of way to North Bayview Road. This was done in 1955 and as result, each successive grantee of the above tax lots also enjoys the express right of way use to North Bayview. As for the remaining deed holders in Reydon Heights, the applicability of this express easement is not clear and in fact, Ms. Power's own title expert's research notes points out the ambiguity in the express reservations. Refer to Exhibit"C". However, it is also interesting to note, that this reservation of a right-of-way was done prior to the approval of his open development area application in 1959, and subsequent approval of same by resolution on May 13, 1959 which states in part, RESOVLED that the Planning Board recommend to the Town Board that the Open Development Area be granted on Victoria Drive to Liberty Lane, all of Colonial Road, all of Summit Road and all of Eds Road. (emphasis added) The notation of the approval of the Open Development Area on Victoria TO Liberty Lane further defines the intent of the subdivision area and use of the surrounding roadways. There is no dispute that the Nennings and subsequent deed holders that followed also have the expressed right to use this right-of-way to get to and from North Bayview Road. There is no dispute over this fact. However, certain owners of Reydon Heights are attempting to expand the intent and use of that portion of Victoria Road which exists north 2 r' of Liberty Lane. The attempt to enlarge that use and impute a greater definition of the original intent is the source of the controversy herein A further clarification of the intent of the original grantee is also demonstrated by the fact that the portion of Victoria Drive that exists north of Liberty Lane was never dedicated by Nidds to the Town of Southold. This is also an undeniable fact, as the deed dated December 12, 1969 conveys only that portion of Victoria Drive up to Liberty Lane to the town. The private right-of way north of Liberty Lane remained titled to Nidds and continued as a private parcel burdened by the right-of-way for ingress and egress for certain deed holders of Reydon Heights. Annexed hereto as Exhibit-"D" is a copy of that dedication deed. Had the intent of Nidds been to convey all of Victoria Drive to the Town, he would have done so and included that a part of his December 12, 1969 deed. The reality and reasonable interpretation in this case is that this private right-of-way was intended to be a small country path which would provided basic access to North Bayview Road and remained as a typical country path for generations. It has always been no wider than to allow access to one vehicle traveling in one direction or the other. An examination of that intent, condition and use as it has existed between 1956 to 1969 and to the present day. makes clear that this private right-of-way road was never intended to become a road like the remaining improved roadways that presently exist in Reydon Heights. LEGAL ANALYSIS The Courts have addressed these controversies before and use as a widely accepted standard of analysis, the Standard of Reasonableness. Even in those instances where there exist express easements, the Court is called upon to clarify the scope, duration and nature of such easements. Thus, the initial focus will be on the precise language of the grant. Where that language is ambiguous, the courts will seek to ascertain the intended meaning from the surrounding circumstances. Sordi v. Adenbaum 143 A.D 2d 898(1988). When the creating instrument is expressed in general tefrns providing only an outline of the intended easement, the best indication of the intent of the parties is their subsequent behavior. Kravec v. State, 51 A.D.2d 484 (1976) appeal denied 39 N.Y.2°d 709 (1976). The uses made at the time of an easement's creation serve to define the imprecise, general language. Generally, the party whose land is burdened by the easement is given the first opportunity to define an inadequately specified scope. Radakovich v. Comabv, 147 P.3d 1195(2006). When there is a dispute between the parties as to the extent or scope of the easement. the courts will be forced to determine the most reasonable and convenient boundaries setting the location or scope of the uses to be permitted under the easement. 25 Am Jur. 2d Easements and Licenses ;73. In that case, the court must consider all the circumstances surrounding the easement, the parties and properties affected in establishing what is reasonable under the facts of the given case. Written language, oral statements. behavior of the parties, past 3 and present uses of the easement, condition and nature of the property both before and after the easement arises, frequency of use, and apparent purposes stated or implied by the court are among the factors considered by the court in determining the reasonable scope of the easement. In doing so, courts will seek to satisfy the reasonable expectations of the affected parties. Of course, limits exist as to what one party may seek in its use over another. The outer limit is a determination by a court that the burden on the servient landowner has been unreasonably increased or surcharged. Even if the change in use is allegedly beneficial, a court may not permit an alteration or expansion for the reason that the change is material or exceeds the conduct contemplated by the parties at the time the easement was created. Estate of Thompson v. Wade 117 A.D.2d 996 (1986). Regrettably, certain residents in Reydon Heights have been led to believe that the Suttons are now seeking to limit the use of that easement as it has existed for more than 40 years. THAT IS SIMPLY NOT THE CASE. Despite the inciting rhetoric of a few members of that association, the Suttons do not wish to impede the use of the easement as it presently exists and has existed for generations. Much like the original statements of those of Reydon Shores that wanted to preserve the beautiful nature of this dirt road, its use as a recreational road, its use as a peaceful road to walk and ride bicycles upon, my clients have consistently reaffirmed that they do not intend to do anything to limit the use of this easement as it has existed for more than 40 years Annexed hereto as Exhibit "E" are photographs that depict the dirt road and its obvious long standing scope and character. It has been and continues to be a rutted dirt road of approximately eight (8) feet in width from the edge of one rut to the other. The apparent and well established canopy of trees that envelop this rutted dirt road provide further evidence of the scope and extent of the rise of this easement. At certain spots, the tree growth and limbs of 1 to 12 inches in diameter demonstrate that this is a beautiful recreational dirt road that has existed in this state for generations. The Suttons have acknowledged their neighbors use of same and fully appreciate their strong interest in continuing to use this dirt road as they have in the past. What is unfortunate is the frenzied and adversarial response that some have created in response to the Sutton application. This has led to the appearance upon the roadway of persons leaning from vehicles with cutting tools and saws. These actions have resulted in the cutting of trees and limbs that are not plainly within the traversed and reasonable easement area. Annexed hereto as Exhibif"F" are photos of some of these branches, bushes and trees that are outside the reasonable scope of the easement area but which have been cut in an apparent desperate attempt to bolster the claim that residents of Reydon Heights should continue to have access to this dirt road. Once again, there is no dispute that Reydon Heights residents can continue to enjoy this easement as they have in the past What is troubling is that certain actions of a few which attempt to enlarge the easement burden upon this parcel will lead greater adversarial actions and costly responses. Moreover, the continued application of the Reasonableness Standard is found in the decisions of applicable New York case law. Specifically. the Court of Appeals rendered a decision on this issue and as a result is controlling and directly rejects the authority cited 4 by Ms. Powers in her July 9, 2009 opinion letter. Specifically in Lewis v: Young, 92 N.Y. 2d 443, (1998), the highest court in the State of New York found that it was permissible to relocate an express easement without any consent, so long as it does not frustrate or impair the use of the easement by those which it was intended to serve. Annexed hereto as Exhibit"G" is a copy of the Lewis case. Additionally, the in the case of DeLuca v. Noswal Park erroneously cited by Ms. Powers as 39 A.D.2d 544 (correct citation is 39 A.D. 2d 564 (2ntl Dept., 1972)) the crux of that controversy centered around the burden landowners attempt to block and frustrate the access to the easement, by planting grass and landscaping the easement access point. That case is also inapplicable as the Suttons have done nothing, nor do they intend to do anything to block or frustrate the access Reydon Shores residents have had to the scope and extent of the private right-of-way that has existed for more than 40 years. There is nothing in the cases that Ms. Powers has offered that falls on point in this instance. Relevant case law, however, is helpful. A further example of the Court's employment of the Reasonableness Standard is found in Dalton v. Lev v. 258 N.Y. 161 (1932) authored by Justice Kellogg and unanimously concurred to by Chief Justice Cardozo and the rest of the Court of Appeals. This long standing case from New York's highest court, clarified that notwithstanding the grant of an express easement (in that case of twenty (20)feet), the application of a reasonableness standard demonstrated, that the intent of this particular easement was for ingress and egress. A right of way may be general in its character, that is, usable for all purposes or it may be limited as a right of way for carriages but not for carts or for horses and not for carriages, or it may simply be a footway. Where a right of way is reserved or granted by not specifically defined, the ruie is 'that the way need be only as such as is reasonably necessary and convenient for the purpose for which it was created. All that is required of a defendant, the owner of the servient tenement, is that he shall not so contract the way either vertically or laterally as to deprive the plaintiff of a reasonable and convenient use of the right of passing to and fro.' Citing Grafton v. Moir. 130 N.Y. 465. Thus, in Dalton the express easement of 20 feet in width which had been reduced to 11 feet due to the construction of a garage was still found to be reasonable. Notwithstanding the structure, the Court of Appeals found that this reduced width still provided reasonable and convenient passage and there was no cause for complaint. Id at 167. Annexed hereto as Exhibit"H"is a copy of that case. Therefore, the application of the Reasonableness Standard should clearly establish with the facts as they present themselves in this case, that the final intent with regard to this roadway was to leave it as a country. dirt and extremely rural passageway. The conduct of the original owner in reserving this parcel and not dedicating the road supports that conclusion The subsequent long standing scope; extent and use of the dirt road is readily apparent and also conforms with the reasonableness analysis. In the end, the Suttons have rot and will not do anything to impede this long standing private richt-of-way. The applicable case law is clear. However, the Suttons do wish to proceed with their subdivision application and ask this Board to include the addition of acreage outside a reasonable easement area designated for this private right-of-way. Based upon the facts and circumstances herein, it is entirely appropriate to exclude an area of no more than 15 feet in width for this easement in calculating the applicable yield available to the Suttons to complete their subdivision. If the addition of a further covenant in connection with an approval would help clarify this obligation, such covenant is wholly welcome by the Suttons. Thank you for your considered response of the Suttons application and considering sound legal precedent in reaching your determination. Ve trul4your I CHARD W. VANDENBURGH r RWV/nds Encs Sutton,Alexander/Subdivision/UrPlanningBoard 8-7-09 6 1 ' I v p c•p I I C) 0 r al f a ' °mss` I , •- II I 1 rl QI � I I N N > 1 d II 0 > �� ltl �• Q� al Jl N N � � rt i F, ., I F. 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N.GO.OG 49'ty, "� Lr ,• s Oad -Io .Gl r,{-� ' A I t•.I . . ..Q�^ Note - Lo} d{t,.let+siotts AloPPCs/IMA7E •�1-IOWt1 cwim C��iY�Xl1MG3'i'C OF only ar.dC sllby¢��'�-qua{ �l _ 1 ' SUYV Cts TIJV �jYC4lLC. R`VI-')ot,/ HEi-c�t -r r� 1L..-JJ\\�� �i I-T AT 15AYVIEW 0 = tTlq✓I Utt1=tIY _ voUTHo1_D,1- I r, June 14, 19A Z) Rcvise:l MGy c,3, 15S'6• <, : .I •./ i i�rv{r r.i Fr.. l'1 ,DIiG ?'hi I. APProxirn Ata Sub�ivi siOn A¢a.z1�IDr=1 rtn'n c�..d ll' I, l-t• Iq o9 L-kCQll�,+<-, .� 2 it 19,5 2wiC,:.A Sl .•�.84,19 t9 GYP_F`.tI ort 3 -- - __ Revise Lyz4,19sG �...._.•..._........_.,. P h1¢w�l�o'ck • I . APPLICATION TO TME TOWN BOARD ,(open dcYelopmerlf 0104,11 APPLICATION NO.: .. Ilay sf 1959 ...........:.................. DATE: ..-.......................�--:................................................................_ I,`(WE). ......... . 1.�d.. iddA.........................................._.....................I.......................... :...-......_...... ..... -IQ3i)R ROadf eoutheld .... - ....................................... ....................................._pa.ry................... ........ate)...... OF .............................._.. (munioi li ) (gate) ' (ftfaet) Do hereby make appllCatlon to the TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COLINTY, NEW YORK to establish on "Open Development Area" under the provision% of Seetian 280w of the Town Lan of the State of New York of the following.dascrlbed property: Rayvisw / 8outholdfN.Y. 1. LOCATION OF PROPERTY; ............................................................................................................_.............. ...................._............................................................................................................................................ 1G.-'M.$hipnlwaki & are Erg DiOkerson &.Ore 7.. DESCRIPTION OF PROPERTY: ............................................................................................................ 8.-Nayview Road .- L. Fde01% w.^Ie.L. Dayton- V. Colombo .......................... J, DESCRIPTION OF RIGHT(S) OF WAYOR OTHER MEANS OF ACCESS TO PROPERTY:........................ - 501 roadways ...............................I........................ . ...,....................................................................................._.................. ...... Private dwwilinp 4. INTENDED USE OF PROPERTY: ........ ..................................................I...4......1-1... ...........I--.......... 5. TYPE OF BUILDING(S) TO BE ERECTED:.................................... ......I................................................. o, MAP OF PROPERTY SHOWING PROPOSED LAYOUT OF LAND USE AND RIGHTS)OF WAY OR ROADS TO BEATTACHED TO THIS APPLICATION. 7. ADDITIONAL INFORMATION BY APPLICANT:-....I...... ..............................I........... .......... - ' STATE OF NEW YORK j S5. COUNTY fI (� sgnature) SWORN TO THIS OF,.. ....19.1 ..._",,,... ry . ._.. D (nOfary public) .r. cr:m!ea e11,4INSO - _ M�kev rt;�a bb Of NOW YerN ( 55 . L 696z cp -79 5 'FRoM A)o r h v,e� Rpc�cl h 5g 'To Main 5c1 (o0 19 j L 9241 epz03 S U m n1 i+ -Drive .1-0 L; La VICIOVICL n,o Merl , Norlh v�e�v n 3 L b541 cf 549 l Lane +o �V IC40 r 1 ct- -b r -}a N o h ( yview ND� 13 n 3 � 0 have r i- h-b o-4e✓ &, oM slre 1 1 ►des no specxf`ic, irr(z . Cis-+o 1 z K- Ga.nVuo� -lb /Uomt1�► >c�evre� . 13 Un5cae �� �Fh�� �r � P(,l� - shown -rte Le pz+l- z `7 o V i G1or i o- can POPOSPri vv\�P b wf' Cbl eo sTreds 2 � &4tv cJe�C9--4ed 4o iaofl , I- >( s �-w rr)cb j-e PUL $ lC-etkVALOo.1 mn.P oz 6-L s neani L0� _ �kx has hb ,&,eQ �c Z� A7 tc�uAOwn ,n e1e¢ct 29 LoT -14) 51 3S- 7oum of S. N - v)o eA&em,ems-Av 3 1 QcC-P-S3 Shoa;n ,n1pL 20 lu7 PL_71- Z, r q s na aL4-e .erg IVY-OCCa-44 r n dQ4A are.. *qAc as A 11o rj�4 SOu*eA� IML i� . { to -, . 1. ., ,.,. 111Er 6695 .+(r /�^\ CONSUI?YOUR LIMIT ID EEROES-01DHIHO IN IS IMfTEUYEHT IHIi IHS"UMLNT SHOULD SE USED or LIMITEEl OHLT�� ( A \ - ),�-1r��r� THIS INDENTI)Ii4 dethe /z --dos of Ae r.+3t` ,nineteen hundmdand sixty-nine, E\�(J"11//T '.BETWEEN EDWARD NIDDS. residing at Main Road (no 'number), .Southold, New York 11971, Is f;, It . , - REAL ESTATE '��TE C3f e TRANSFER TAXI -NEW "OhK y Y ( a k ,n 5 lansr�e :esn7s ���_ 00-00 r Lssa:u rsu e' party of the first pan,and a ye i1 !tI TOWN OF SOUTE{3LD, a legally constituted township located within If} thelCounty of Suffolk, State of New York, having its prnnciPal office at Greenpgit, New York 11944, party of the second part. WITNESSETH that the partl of the first part in consideration of J N 00) - _ ___ ________ _______________________ Ten ($10dllass, r OI It Is _ lawful rTneyof the Umted States, _ paid -: 4 by the party of the second par,does hireby grant and mleau unto the party of the second part,the burs or successors and assigns of the early of the atcdndpart foreeeq •.ALL that certain plot, piece or pored of land,with the buildings and improvements.thereon erected, situale, ) '+ 'lying and being fmtkoc at Southold, Town of Southold. County or Suffolk and State of New York, being all-of the land lying in the be ai;�proposed,,; . :streets known It Victorian Drive, Liberty:.Lane, Coloial Road:: $iimiitk—j Road, Columbia Road and Eds Road, being bounded and descr.13 K11 lC as )30l lows] BEGINNING at,a point.on the northerly side of Main Bayvaew'Roadttt distafit 1798.,56 feet westerly from the corner formed by the intgF .p IuWga>. 'section of the northerly side of Main Bayview Road with the�wosterly r ✓✓.��s-„u� (� .side of .Jacobs Lane;. running thence North 60 degrees 02 m�nbfri5 M1 �' 40 seconds West, ]brig -the northerly side'of Main Its yView fi1oai�rf�,'k�i s�?. 50 feet,; thence Horth 29 degrees 57 minutes 20 secgndS La'St,d�3ibY,T foe 'i„s' thence North 34 degrees 40 minutes 30 seconds West, 155.138 sdtect 1 ?7�; dP, thence North 1.5 degrees 19 minutes 50 seconds East.-500 feet ` 'thmace t North 45 degrees 29 minutes 50 seconds East 29,26feet thCneq ypp'tyla w�l I '`? 68 degrees 27 minutes 10 seconds East, 429.51 feet; thence Sout)JI,: ,fl 57..dogroes 34minutes10 seconds East, 4B5.97 feet; h aence 6out 'f2 ' degrees 41 minutes 30 seconds West, 635.22 feet, thence Nor'�Ii GUzy degrees 02 minutes 40 5ecotids West, 701.25 feet and thence youth 29 'x: degrees 57 minutess20 seconds West, 332 feet tD.the northerlyside of rf' n "), Main Bayview Road and the'Point or Place of BEGINNING. EXCEPTING -therefrom the follvaino described premises: (1) BEGINNING at a point 'distant 382 feet on acourse of North ,•P'i' 29 jagrees 57 minutes 20 seconds East from a point on the northerly' side of Main Bayview Avenue distant 1396.56 feet .westerly from the corner formed by the intersection of the northerly side of Main Bey � Ot .view Avenue with the westerly side of Jacobs Lane; ,running thence North 60 degrees 02 minutes 40 seconds west 37.65 foot; thence North `3 34 degroes 40 minutes 30 seconds West, 115.56 feet;nthonce forth 25 degrees 19 minutes 50L seconds East. 451.13 feet; thence•Soutb; h degrees 27 minutes l0 seconds East, 200.44 feet, thence South: 25 n?` degrees' 19 minutes 50 seconds tacit, 530.20 feet and thence North 60 . bj Is degrees 02 minutes 40 seconds West, 62.60 feet to the point or place of BEGINNING. Wind ^l` SI - continued �zc ;t }k °l,r. 's - cit t an j,n, t v,17 tt[� ppoo ])695 FAGF. OO R (2) BEGINNING at a point distant 11orth -29 degrees 57 minutes ' + 2U;-', -'; seconds East, 282 feet and..Soutk 60 degregs 02 minutes 40-seconds .+ Ess t, 112.76 feet from a:point,on k17c northerly side'of Moin-6ayview e -Road distant 1398:56 feet westerly• from the corner .formed by the intersection of the northerly side of Main Bayview Road with the :.westerly side of Jacobs Lane;'running thence North 25 degrees 19 minutes 50 seconds East, ''. 537.5& fect; thenct •South. GO degrees 27 minutes 10 seconds East, 137.5o feet; thence South' 57-degrees 134 minutes 10 seconds East, 13'3.76fect; thence South 28 degrees .41.minutes 30 seconds West,', 550.28'feet and thence North b0•degrees 02 minutes 40 seconds West,.238.47 fedit to the Point.or Place of BEGINNING, and - 1 (3) BEGINNING at a point distant;North 29 degrees 57 minutes 20; seconds East 282 feet and South 60 degrees 02 minutes'40.seconds East,' 401.24 feet .from a point on the northerly sideof'Main Bayview -'Road distant 1398.56 feet westerly'from the coyner formed by the intersection of the northerly 'side of"Main Bayview Road with the westerly side of Jacobs .Line; .running -thence North 2B dogrces 41 minutes 30 seconds .East,:: 548.12: feet;: thence]South 57 degrees 134 minutes 10 seconds East, 250.47.feet thence South 28 degrees 41 minutes 30 seconds Kest„ 5,37.28 feet and thence North 60 degrees 02 minutes 40 seconds West 250 feet to the point or place of BEGINNING.: i The-said six streets known as Victoria Drive, Liberty Lane, - tolonial-Road, Summit Road, Columbia Road and Eds Road, are -..individually described on Schedule•Ao consisting.of two.pages, "whish is attached hereto and hereby made part of this conveyance. .7i. k. MOW t Page z 4 t- < As V 1c4tr to Drive L. + 1 t.'_, Y,•sbe+�� i-.' x- 42, y. BEGINNING it a mon:eneht on the hcr[herly lin ieof Ma Sni3ayvleM i} Road, :1398 56 feet westgrly InIMq said naitht4l.yline from-,Jacobs +yr3 Lane• Qrom said,print,nf,begfnn .Ig running,:%Song sa xil nq�thgr`ly linedf main Gaya iew .Rpad +No rth::F+) cloy reel 1}2 manalte, -.4OvsecoTde 1 ' f 3. IWest,`.50 0 feN t: thence, thte Eo3Io'wim, our;courses_ !- € 4'r(1 rP � % �' (ll North;29 deg%ees 57 mamaas 2U sec ends Ea sf 33250 %4t 11 - feet %t Move j t rl ' l2) North34 degcEes 40minutcs 30 seconds west IM 68 + feet --,thehce (3) North 29 degce e.49-minutes 50 seconds East 500 O24 ,. 'lr 3, (4) North .45 ,degrees'�`20 minutes 50"seconds East,' 29 X161 feett+) r '� ( aM w+ thence' acress`.tNe Westei3yi end of Liberty Lane South 14degreehl'[a'a i. X43 minVies 50 seconds Eastl 62 02.feet thence the followings r., a ( J three courses" er'"sl ; Lll Sou C■ 25 degrs s 39 mi'nu te9 50 Seconds Weivt c 4S1a11.3,� drar�y'l xr x t feet .Yfience (2) South'134 degrees 40 minutes O seconds East'` 11 -*I E feet: ,thence �•. ,(.3South;60deyrees 02(mi notes 40 seconds Eastk�38yr -c;,r thence across'aht wester`); end-of_'id_ Rnad '.South,29adegYe$,8 } cat F minutes 'O:.seco ads 01es[,}- SU.G fe-•t; thence South'=29 deg;ees y 57•minu ter 20 se c0nds Wes't� 332.0;'feet t,D 't ri poant,iof`BEG,INNING.aI t r : C16erIY • a a. L, INNIN9 at the northerly terminus of the westrr]y 31tneJ q a"' . ' V1c Quasi Drn ea Bald pcint of _teq tuna g Leing 1016 94 feet �aO,rt et i+:k a "ly alon7 slid westcrlyline from Aa in Bayview Road from�afi, po ht $ Y + of beginning running the fallowing wo c.urseow �(1) South'68 degrees 27 minutes 10 seconds Last. 424,.5 ay W 4'cr l fee t thence "�ciir:y3: Y, V. cK - (21 SrF ith 57 degreesi44.minutes 10 second Last; .thence lar_ro4s LA r.irthetly.'end of Colonial! Road 8puth'r'J3s' egt4eai' r33 miniltei alfa;'secti.rds west, 68.51 feet: `thence the,f6l3q�WYr COLLL9 ( �. I ' iY_S+•F4'IG Y)�+'3 w l� r (1) Hnrtq'�57 degrees 34,minutey 30 seconds % feet -thence .() f l (2) Actors; tfie northerly end;of Summi.tRoad Nofth�[�egreea� w ,-1 34 minbtes 10 seconds,W�rtt 50.11 feet, se thence ,- Ar (3) North.'57 degrees m 34 inutes 10. conds �aesL` feeL: .thence A '' t° (4) North68degrees 27'minutes 10 seconds West; fert; thence ' '+nl (5) Across.c northerly end .of Columbia Road "NorxhA6B ; t r} � degrees S7,minutes( 10 seconds west, 50 17. feet 3t�aenoe Ir4l' S (6) North ':GB degrees 27 minutes 10 seconds west: 200a4!j %feet I ,Ij__ •x, thence across{he northerly end o! said victoria Drive (,Nor hRs a w-+t 114 degrees 43 ptinutes 5"d seconds West, 62.02 feet to;-theII,"pd�nt of 1� +a: (BEG AIN I NG. Colonial Road -. ,. Ir ': I •, r' 9E( CNNIN4 at 'he eaSterly _crsanvs of the northerly line of '- o4r Libertyfine said Point._.Z Lcyi nn any !m nq 91D 4 r`feet easterly ' along' slid nr_(tjii.tl: line [r m.:is ,a Dr:ac from"'said point of ' r � s % t C cF+SCK I�i "7K t k` I ✓1 k Y� i _ 4 y`ifai oz Np+ kGxf=a;S;< R1n �. niett¢ a 7 I.M s -:r r 5 7.'g le S r � s9 t` s> -IIBE 69�J'TAff, Vu",", '- ' scxeoute A y3 A m R" Y R. C`w , S N za � ,r I 3.. _�, •.' ! � -. Ih �7tArt4 t ` beginning+running'Soltflh 28,.degreea 4l+'minutes 30 seCogda Itteat,_¢ 635 22 'fees; thence acrocsl!the easterly end of Eds 'RoSd9 Notch; ".'t ! degrees 40,minutes 30 seconds wgst 71 "SI.'rfeefyhehee Nortii r•i�t SY 2B 'degrees `41 minutes 30,dSecond5 £aSC, 537.29 keetj•'Lhenca-across+` the eas[erly end of said Liberty I,a11i North 75 degrees 432 mihute/x k OL, t�s i, i+�0 seconds East 68 Sltlfeet [o the poant of BEGINNING > Khyp V. 4k ay} [k 't a "�+i (t r3., w BEGJ kING ate a point nh jtM nYetherly line of Els�ItoeB, 25Dy� 'r feet wes'.terly'along said,noYtheray, Line , rom:Colonial-Road! from �p + ; ' said point of beginning running alongasaid no`rtheriy line o£ Eds.4,'+ j3 i4x .rJ3 jitnenceMDrt `28adegre0eF41ILminutle_e'3ia9$ec hde gae[,555Q�8 feet's ii,t Otfi secondshEasC;150 ilffeZteYtherty Licee6outht285dedtees sA'r ( 4 '�� I '!" y y �41 mihutes ]0 seconds Nest; 548.12 'feet to -the point o BEOIIiNING,s r r. -.Columbia-.Road E�( E�".'i`'�'�5a :try' ^ry��` ,v BECSNNING}ata point on the nor.therlylin e offs. koadr 5 ii �,' +�1 K cat 't!`!F} 'ry sr -sfil 5D5'Zeet easterly alogq said nbtttietly line, fromsthe easterly` ,I7cctoria^,Drive from sant point ofbeginning+Yenning .Noithi� �s :r m, `� rfr firs x.25 degre:Gs 19 minute's a50 seconds East.'`530.20 feet {;tlienoaelon` k }` tEhe sohtfierLy line of Libetty Lanes"Sruu tht 68'dagrees,27 m�rtltesg ;! `]" it ,#_IO stconds East .50 11''feA thence snuth 25 legreearl'J minutes Irl rji tura, , hyi r 50 sec6nds west '537 56 feet thence. along sal d northerly line Lfs t 'Ess Road• kon th i� ae ra.es 02 minutc9 49 se ond9 Wea !�+'� '+ ! 0 q i 5 . k i50 16 feet x 'thy oto{the pofat of Bec11at3YNG ,; ,. .N , ,y sal;, r k*.,.. y x,[ 4 ..1 Y �°.Ede` Roaa' r as !` I "; . 1,S _, • I�di1 ,�. a ft"",�;aar.fir Fi -a'- BFGfHNtNG on •'the easterly lire oi' Victoria Drive°:,i�332 O'fa8t ''r a' 3 1 i ` nor fly along said basterly� line from Main OayvieYY 3ibadt from- '� r,�.�. a, G s ollE+ ice said'polelt of beginning zj running alogl3 Esaid easterllfa'�°iharbfUvicEor?�$�t"' � u"F' i''`` Fythence,rkeefollowinfef Lve�uoursesf ?G' seconddSaet '3D•'0'�festl l't',!r`k:ayw r 9, '�R ' t ! -^� (1{':South 60-:degrees 02 minutes.40•seconds 5aet 61.',50i t �k `:feet;.thence . 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Landowner Without Consent of Easement Holder (1) In the absence of a demonstrated intent to 92 N.Y.2d 443705 N.E.2d 649, 682 N.Y.S.2d 657, provide otherwise, a landowner, consonant with the 1998 WL 758838, 1998 N.Y. Slip Op.09254 beneficial use and development of its property, can move a right of way, so long as the landowner bears Roger Lewis,Respondent, the expense of the relocation, and so long as the V. change does not frustrate the parties' intent or ob- Neda Young,Appellant. ject in creating the right of way, does not increase Court of Appeals of New York the burden on the easement holder, and does not significantly lessen the utility of the right of way. Argued September 16, 1998; Express easements are defined by the intent, or ob- Decided October 27, 1998 ject, of the parties. As a rule, where the intention in granting an easement is to afford only a right of in- CITE TITLE AS: Lewis v Young gress and egress, the right of way easement holder is granted the right of passage, and not any right in SUMMARY a physical passageway itself. Thus, in the absence of a demonstrated intent to provide otherwise, a Appeal, by permission of the Court of Appeals, landowner burdened by an express easement of in- from so much of an order of the Appellate Division gress and egress may narrow it, cover it over, gate of the Supreme Court in the Second Judicial De- it or fence it off, so long as the easement holder's partment, entered August 18, 1997, as affirmed an right of passage is not impaired. order and judgment (one paper) of the Supreme Court (Harry Seidell, J.), entered in Suffolk Easements--Right-of-Way--Effect of Continued County, granting a motion by plaintiff pursuant to Use of Same Path CPLR 3212 (e) for partial summary judgment and (2) Given that a landowner is not, as a matter of dismissing defendant's first through ninth afftrmat- law, precluded from relocating an easement of in- ive defenses and first counterclaim, severing gress and egress in the first instance, the easement plaintiffs second through sixth causes of action and holder's continued use of the access--without more- defendant's second and third counterclaims, ad- -does not itself alter that right. Thus, continued us- judging that plaintiffs property is benefitted by an age of that same path does not in and of itself*444 express easement over defendant's property as de- fix an otherwise undefined location so as to enlarge scribed in plaintiffs amended complaint, adjudging the interest of the easement holder or reduce the in- that the easement is for ingress and egress over the terest of the landowner. "main driveway" described in a deed from Herman M. Brown to Theodore R. Jaffe and Marygaele T. Easements--Right-of-Way--Deed Provision Permit- Jaffe, and declaring that defendant has no right to ting Relocation by Landowner relocate the easement. (3) An easement holder secured the right of con- venient passage to and from his property, while the Lewis v Young, 242 AD2d 317,reversed. landowner retained the right to use his property as 0 2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?rs=W L W 9.07&destination=atp&prft=HT... 8/10/2009 • Page 2 of 9 92 N.Y.2d 443 Page 2 92 N.Y.2d 443 (Cite as:92 N.Y.2d 443,705 N.E.2d 649) he saw fit, including the right to relocate the right 964;Grimaldi v Pagan, 135 AD2d 496;Merritt Hill of way, so long as it did not interfere with the right Vineyards v Windv Hgts. Vineyard, 61 NY2d 106.) of passage granted, where the deed conveyed to the II. The lower court erred by granting Mr. Lewis easement holder a right to "the perpetual use, in summary judgment because Mrs. Young's first common with others, of [the landowner's] main counterclaim, as evidenced by the Brown/Jaffe and driveway, running in a generally southwesterly dir- Brown/Katz deeds, established that the parties to ection between South Ferry Road and [the the *445 Brown/Jaffe deed intended to keep the landowner's] residence premises." The provision driveway open to future relocation. (Lipton v Bruce, manifests an intention to grant a right of passage l NY2d 631;Leader v Leader, 8 Misc 2d over the driveway--wherever located--so long as it 1015;Turiano v State of New York, 136 Misc 2d meets the general directional sweep of the existing 596;Morrison v Piper, 77 NY2d 165;Riegel v Larn- driveway. Moreover, nothing in the conduct of the ard, 178 App Div 355, 227 NY 562;Wintemberg v parties or other surrounding circumstances indicates Kowal, 235 AD2d 999;Braun v Carey, 280 App Div an intent to deny the landowner's right to relocate 1019;Universal Broadcasting Corp. v Incorporated the driveway. Thus, the landowner, without con- Vil. of Mineola, 192 AD2d 518.) III. The courts be- sent, can relocate the easement holder's right of low erred by misinterpreting the Dead Man's Stat- way over the burdened premises so long as the ute (CPLR 4519) as precluding testimony regarding easement holder's right of access and ingress is not Mrs. Jaffe's oral consent. (Brockport Developers v impaired or diminished. 47 Ely Corp., 82 Misc 2d 310;La Rosa v Matthews, 28 Misc 2d 929;Phillips v Kantor & Co., 31 NY2d TOTAL CLIENT SERVICE LIBRARY REFER- 307;McEvoy v Garcia, 114 AD2d 401;Tancredi v ENCES Mannino, 75 AD2d 579;Matter of Goldin Am Jur 2d, Easements and Licenses in Real Prop- [Levinson], 227 AD2d 401;Albany Say. Bank v Sev- erty, §§74-80, 86. entv-Nine Columbia St., 197 AD2d 816;McCain v Manhasset Mach. Co., 45 AD2d 965;Laka v Krvs- NY Jur 2d, Easements and Licenses in Real Prop- tek, 261 NY 126.) erty, §§ 106, 123, 125, 127, 143, 145. Esseks, Hefter & Angel, Riverhead (Stephen R. An- gel and Carmelo M Di Talia of counsel), for re- ANNOTATION REFERENCES spondent. See ALR Index under Easements. 1. Plaintiff is the owner of property (i.e., the domin- ant tenement) benefitted by an easement granted in POINTS OF COUNSEL 1956 and established by 37 years of continuous use, which burdens defendant's property (i.e., the servi- ent tenement); the easement cannot be relocated Morvillo, Abramowitz, Grand, Iason & Silberberg, without plaintiffs consent. (Carnemella v Sadowy, A C., New York City (John J. Tigue, Jr., and Ed- 147 AD2d 874;Clements v Schultz, 200 AD2d ward M. Spiro of counsel),for appellant. I I;Chesnol v Gallagher, 283 App Div 911;Green v I. Mrs. Young has the legal right to relocate part of Mann, 237 AD2d 566;Dowd v Alit, 78 NY2d her driveway because the relocated driveway does 469;Onthank v Lake Shore & Mich. S. R. R. Co., 71 not interfere with Mr. Lewis's easement rights. NY 194;Pomygalski v Eagle Lake Farms, 192 (Grafton v Moir, 130 NY 465;Minogue v Kaufman, AD2d 810, 82 NY2d 656;Lumnah v Rogers, 33 124 AD2d 791;Stolts v Tuska, 76 App Div AD2d 596;Rivlin v Sigalos, 9 Misc 2d 373;Inter 137;Green v Mann, 237 AD2d 566;lennings v Lake Community Mem. Hosp. Bldg. Fund v Brown, 9 Baldwin Taxpayers Assn., 283 App Div 965;Dowd v Ahr, 78 NY2d 469;Van Look v Malone, 92 AD2d ©2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 • Page 3 of 9 92 N.Y.2d 443 Page 3 92 N.Y.2d 443 (Cite as: 92 N.Y.2d 443,705 N.E.2d 649) Misc 2d 202.) II. Defendant's attempts to circum- plot into three parcels--a four-acre tract they re- vent application of the common-law rule in this tained for themselves, and two smaller properties case should be disregarded; New York should re- they promptly sold. On February 2, 1956, the smal- tain the common-law rule which prohibits the own- lest parcel was sold to Marygaele and Theodore er of either a servient tenement or dominant tene- Jaffe. Seven months later, on September 14, 1956, ment from unilaterally relocating an easement Donald and Gertrude Katz purchased the second without the consent of the other. (Grafton v Moir, parcel. Neither parcel had direct access to the pub- 130 NY 465;Minogue v Kaufman, 124 AD2d lic roadway, and both deeds therefore granted rights 791;Peabody v Chandler, 42 App Div 384;Jennings of way over the Brown property to South Ferry v Lake Baldwin Taxpayers Assn., 283 App Div Road. 965;Stolts v Tuska, 76 App Div 137;Witter v Tag- gart, 78 NY2d 234;Riegel v Larnard, 178 App Div 1 The Katzes are not parties to this litiga- 355, 227 NY 562.) III. Defendant cannot rely on tion, and their easement rights are not at is- the alleged oral consent of a deceased predecessor sue. in title to bar plaintiff from enforcing the easement. (Heyman v Biggs, 223 NY 118;Holm v CMP. The Jaffe deed actually conveyed three easements. Sheet Metal, 89 AD2d 229;Huggins v Castle Es- First, and most pertinently, it provided for "the per- tates, 36 NY2d 427;Brockport Developers v 47 Ely petual use, in common with others, of the [Browns) Corp., 83 Misc 2d 310;La Rosa v Matthews, 28 main driveway, running in a generally southwest- Mise 2d 929.)*446 erly direction between South Ferry Road and the [Browns7 residence premises." Two additional OPINION OF THE COURT easements, one for a 30-foot right of way and an- other for a 15-foot right of way, were also con- Chief Judge Kaye. veyed, each defined by exact distances, measured to (l) This battle between Southampton neighbors the hundredth of a foot and identified by reference centers on an open question in New York law: can a to high water lines, monuments, neighboring prop- landowner, without consent, relocate an easement erties and other landmarks. On October 28, 1990, holder's right of way over the burdened premises? defendant Neda Young and her late husband pur- We conclude that, under the particular circum- chased the four-acre tract from Donald and Joan stances presented, the landowner can move the Brown Diamond, who had themselves acquired the right of way, so long as the easement holder's right property from the Browns in 1969. The Youngs' of access and ingress is not impaired. We therefore deed referenced all the foregoing easements. reverse the Appellate Division order summarily dir- ecting restoration of the landowner's original drive- The Youngs purchased the property with the inten- way, and remit the matter to the trial court to de- tion of substantially improving it by razing the termine remaining factual issues. then-existing small *447 cottage and replacing it with a large new residence, adding an in-ground swimming pool and building a tennis court. Ac- s. cording to Mrs. Young, prior to commencing con- struction she and her husband met with their neigh- Plaintiff Roger Lewis and defendant Neda Young bors to discuss their plans. Allegedly, neither the own adjoining parcels of land in the Town of Katzes nor the widowed Mrs. Jaffe voiced any ob- Southampton, both formerly owned by Herman and jection--indeed, Mrs. Jaffe gave verbal consent to Jeanette Brown. In 1956, the Browns divided their the renovations, including relocation of the existing ©2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstrearn.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 • Page 4 of 9 92 N.Y.2d 443 Page 4 92 N.Y.2d 443 (Cite as: 92 N.Y.2d 443,705 N.E.2d 649) driveway in order to make room for the tennis she pay him $60,000, which she refused. Plaintiff court.In August 1992,Mrs.Jaffe died. denies this assertion. Construction of the Youngs' residence, including The battle escalated even further when, on February their own separate entryway from South Ferry Road 1, 1995, plaintiff filed suit seeking a declaration of to their new home, started in the spring of 1993. the parties' rights *448 regarding the easement and Later that year, in November or December, they a permanent injunction compelling defendant to re- began building their tennis court, which was partly move the tennis court and return the driveway to its situated in the path of the main driveway. Con- original location. Defendant alleges that, at this sequently, the Youngs relocated that driveway, pla- time, construction of her home--including its new cing it closer to the boundary line separating the entryway--had not yet been completed, and the three parcels. The new driveway, still "running in a combination of weather and the pending litigation generally southwesterly direction between South delayed finishing the relocated driveway in accord- Ferry Road and the [Youngs'] residence premises," ance with the agreed-upon terms. Defendant actually overlapped at some points with the original answered the complaint with nine affirmative de- driveway. At its point of greatest deviation, the re- fenses and three counterclaims. r"=Plaintiff moved located driveway was 50 feet from the original for partial summary judgment, seeking a declara- driveway. tion of his rights and dismissal of defendant's af- firmative defenses and counterclaims. In opposi- On December 1, 1993, in the midst of the Youngs' tion, defendant submitted affidavits of herself, her renovation efforts, plaintiff Roger Lewis, Mrs. son and his friend attesting to Mrs. Jaffe's consent Jaffe's nephew, received the deed to her property. to the driveway relocation. By letter dated December 9, plaintiffs attorney, also representing the Katzes, informed the Youngs 2 Defendant sought reconstruction of the that his clients would agree to relocation of the 1956 deed from the Browns to the Jaffes to driveway if they would perform certain renova- reflect mutual mistake, inasmuch as that tions, including refinishing the driveway with a per- deed did not contain the same "relocation manent hard surface, installing entrance pillars and provision" found in the deed to the Katzes. landscaping the driveway with evergreens on both She also sought a permanent injunction sides. According to Mrs. Young, they agreed to do compelling plaintiff to remove his utility so once construction of their new home was com- wires and related paraphernalia from de- pleted, but were delayed by Mr. Young's death in fendant's property as any easement which March 1994 and poor weather conditions. The ten- existed was only for purposes of ingress nis court was completed in May 1994, and egress, and $50,000 in damages for plaintiffs destruction of certain trees on One month later, on June 23, 1994, plaintiffs attor- her property. ney sent a second letter demanding that, within 10 days, defendant improve the relocated driveway as Supreme Court granted plaintiffs motion for partial had been agreed. Unless that were done, the letter summary judgment and dismissed defendant's warned, his clients, at defendant's expense, would counterclaim for reformation, holding that plaintiff "proceed in putting the driveway back where it was had an easement over defendant's property which originally," despite the destruction of the tennis defendant had no right to move and that CPLR court, which stood in the way. Defendant alleges 4519 (the Dead Man's Statute) precluded any testi- that, in addition, plaintiff soon after demanded that mony regarding Mrs. Jaffe's alleged oral consent. ©2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstrearn.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 • Page 5 of 9 92 N.Y.2d 443 Page 5 92 N.Y.2d 443 (Cite as:92 N.Y.2d 443,705 N.E.2d 649) The court found as a matter of law that "since the or object,of the parties. location of the subject easement remained fixed for at least thirty-seven (37) years (from 1956-1993) it While we have not previously considered the par- could not be relocated without plaintiffs consent" ticular question now before us, we have several Plaintiff then sought an order compelling defendant times passed upon questions involving the type of to restore the driveway to its original condition or easement at issue--a right of way. As a rule, where allow him to complete the restoration at defendant's the intention in granting an easement is to afford expense--relief the court granted. only a right of ingress and egress, it is the right of passage, and not any right in a physical passageway For much the same reason the Appellate Division itself, that is granted to the easement holder (Bake- affirmed: although the location of the easement was man v Talbot, 31 NY, at 371,Grafton v Moir, 130 not specified in the 1956 deed that created it, use of NY 465, 470-472 [easement granting "right of way the driveway for 37 years without objection by the through and over the carriage or alley-way in the servient tenement fixed its location, and as such, its rear of the ... premises" held not to be a reservation course could not be changed without consent. The of the "alley itself' but only "the right of way over Appellate Division noted, moreover, that summary the alley-way or carriage-way"]). As this Court ob- judgment was proper because plaintiff established served more than a century ago, that he did not *449 consent to the relocation and defendant failed to proffer evidence raising an issue " 'A right of way along a private road belonging to of fact.FTM'We now reverse. another person does not give the [easement holder] a right that the road shall be in no respect altered or 3 To complete the procedural picture: the the width decreased, for his right ... is merely a trial court severed defendant's counter- right to pass with the convenience to which he has claims regarding removal of utility wires been accustomed.' " (Grafton v Moir, 130 NY, at and destruction of trees and plaintiffs 472,supra [quoting Goddard, Easements, at 332]; second through sixth causes of action. see also, Herman v Roberts, 119 NY 37,42.) Only the easement issue was appealed; de- fendant's stay of the trial court orders re- Thus, in the absence of a demonstrated intent to mains in effect during pendency of the ap- provide otherwise, a landowner burdened by an ex- peal. This Court granted leave to appeal press easement of ingress and egress may narrow it, that portion of the Appellate Division or- cover it over, gate it or fence it off, so long as the der affirming the declaration that the right easement holder's right of passage is not impaired of way could not be moved, and dismissed (see, e.g., Dalton v Levy, 258 NY 161, 167 as nonfinal the portion of the order affirm- [narrowing of a right of way by construction of a ing enforcement of the declaration (91 building on it]; Grafton v *450 Moir, 130 NY, at NY2d953). 471-473,supra [covering over of alleyway]; An- drews v Cohen, 221 NY 148, 155 [covering over of 11. passageway]; Brill v Brill, 108 NY 511, 516-517 [fences and gates]; Cunningham v Fitzgerald, 138 Analysis begins with a timeless first principle in the NY 165, 171 [changing street grade impaired ac- law of easements, articulated by this Court in Bake- cess, and therefore required easement holder's con- man v Talbot (31 NY 366) in 1865 and recently re- sent]). As a matter of policy, affording the asserted with equal vigor in Dowd v Ahr (78 NY2d landowner this unilateral, but limited, authority to 469): express easements are defined by the intent, alter a right of way strikes a balance between the ©2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 • Page 6 of 9 92 N.Y.2d 443 Page 6 92 N.Y.2d 443 (Cite as: 92 N.Y.2d 443,705 N.E.2d 649) landowner's right to use and enjoy the property and terests of justice, where the change did not the easement holder's right of ingress and egress substantially interfere with the easement (see, Paine v Chandler, 134 NY 385, 391; 5 War- holder's use and enjoyment of the right of ren's Weed, New York Real Property, Easements, § way. See, Soderherg v Weisel, 455 Pa Su- 1.01 [2] [4th ed]). per 158, 687 A2d 839;Kline v Bernards- ville Assn., 267 NJ Super 473, 631 A2d 1263. While enjoying a limited right to narrow, cover, gate and fence off such easements, can a landowner Easement relocation questions that have previously similarly relocate a right of way without the ease- reached this Court presented materially different ment holder's consent? Other jurisdictions have factual situations. First, as exemplified by Dowd v broadly required consent to the relocation of ease- Ahr (78 NY2d 469,supra) and*451 Lake Shore & ments. FN4That has not, however, been the unan- Mich. S. R. R. Co. (71 NY 194), our prior relocation imous view of lower courts in New York (compare, cases have not concerned rights of way. Rather, the Van Laak v Malone, 92 AD2d 964 [landowner easement holder in those cases was given the right could relocate right of way where easement granted to build a structure--a dock in one instance, a was "the right of ingress and egress ... over a route pipeline in the other--on the landowner's property. now used ... or one hereinafter designated to be Unlike the right of way now at issue, those ease- used"]; Clements v Schultz, 200 A132d 11, 13 ments could not be enjoyed unless and until their [landowners could not unilaterally relocate ease- locations were fixed on the landowner's property ment by constructing roadway where easement (see, Dowd v Ahr, 78 NY2d, at 473,supra [express granted "free use of the present roadway, or any grant to build a dock at "a point (to be) designated" other roadway to be constructed"]; Quinta Doro- by the grantor]; FN'Onthank v Lake Shore & Mich. tela, Ltd v Wagner, 141 AD2d 711, 713 S. R. R. Co., 71 NY, at 197,supra [once the pipe [landowner entitled to relocate right of way where was laid, the easement location became fixed]; see grant did not contain "detailed dimensional spe- also, Evangelical Lutheran St. Johns Otphan cifications" and new route did not adversely impact Home v Buffalo Hydraulic Assn., 64 NY 561 easement holder's rights]). [easement for dam]). By contrast, enjoyment of an undefined right of ingress and egress over the land 4 See generally, Bruce and Ely, Easements of another does not require any fixed occupancy of and Licenses in Land 17.05; Davis v Bruk, the landowner's premises. 411 A2d 660 (Me);Edgell v Divver, 402 A2d 395 (Del);Hollosy v Gershkowitz, 88 5 In Dowd, moreover, the Court noted that Ohio App 198, 98 NE2d 314;but see, Og- the landowner could have achieved its ob- den v Bankston, 398 So 2d 1037 (La) jective in the enjoyment and development (landowner entitled to relocate where ori- of its property without demolishing and re- ginal location prevented most advantage- locating the easement holders' dock (78 ous subdivision of servient estate and ease- NY2d,at 474,supra). ment holder was afforded equally conveni- ent access); Mackin v Mackin, 186 Conn The second category of cases to reach this Court in- 185, 439 AM 1086 (easement holder en- volved relocation attempts by the easement holder, titled to nominal damages only where relo- not--as in the present case--by the landowner (see, cation resulted in minimal inconvenience). Onthank v Lake Shore & Mich. S. R. R. Co., 71 NY Elsewhere, courts have recognized their 194,Evangelical Lutheran .St. John's Orphan Home own power to compel relocation, in the in- C 2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 • Page 7 of 9 92 N.Y.2d 443 Page 7 92 N.Y.2d 443 (Cite as: 92 N.Y.2d 443,705 N.E.2d 649) v Buffalo Hydraulic Assn., 64 NY 561,supra). That, ment holder's rights (see, Grafton v Moir, 130 NY, too,is a significant distinction. at 473,supra [coverage that so darkens the passage- way as to make travel uncomfortable interferes with Traditionally, reasons given for denying easement reasonable enjoyment of easement]; Dalton v Levy, holders the right to make changes in location are 258 NY, at 167„4ndrews v Cohen, 221 NY, at that "treating the location as variable would depre- 155,Brill v Brill, 108 NY, at 516,Cunningham v ciate the value of the servient estate, discourage its Fitzgerald, 138 NY,at 171,supra). improvement, and incite litigation" (Restatement [Third] of Property [Servitudes], Tentative Draft Thus, based on our precedents and their underlying No. 4, § 4.8 [3], comment n. Those same policy policy considerations, we conclude that--as in the reasons, however, do not justify denying a easement alteration cases--a balancing test is also landowner's (or "servient owner's") limited author- appropriate as to relocation of an undefined right of ity to move an unlocated right of way. Indeed, re- way. In the absence of a demonstrated intent to cognizing that authority likely increases the value provide otherwise, a landowner, consonant with the of the servient estate, and encourages the landown- beneficial use and development of its property, can er to make improvements. Moreover, because a move that right of way, so long as the landowner landowner's authority to relocate a right of way bears the expense of the relocation, and so long as without consent is limited--in that relocation may the change does not frustrate the parties' intent or not impair the easement holder's rights--both parties object in creating the right of way, does not in- have an incentive to resolve any dispute prior to re- crease the burden on the easement holder, and does location. The easement holder has an interest in in- not significantly lessen the utility of the right of fluencing the landowner's choice of a new location, way (see, Restatement [Third] of Property and the landowner will want to avoid the risk and [Servitudes],Tentative Draft No.4, §4.8 [3]). cost of allowing a court to make an *452 after- the-fact determination as to the propriety of the re- (2) Given that a landowner is not, as a matter of location. law, precluded from relocating such an easement of ingress and egress in the first instance, it follows Recognition of a relocation right in landowners that the easement holder's continued use of the ac- raises its own policy concerns: that landowners cess--without more-- does not itself alter that right (whose purchase price reflected the existence of the (see, e.g., Peabody v Chandler, 42 App Div 384 easement) will receive a windfall, that easement [use of pathway for 13 years did not fix the location holders may be rendered vulnerable to harassment of an easement granting general right of way]). by the landowner and that the settled expectations Mere use of a particular path in accordance with an of the easement holder will be disrupted (see, Davis explicit right to do so is neither hostile nor adverse. v Bruk, 411 A2d 660 [Me], supra; Note, The Right Thus, continued usage of that same path *453 does of Owners of Servient Estates to Relocate Ease- not in and of itself fix an otherwise undefined loca- ments Unilaterally, 109 Hary L Rev 1693 tion so as to enlarge the interest of the easement [1996];but see, Note, Balancing the Equities: Is holder or reduce the interest of the landowner. Missouri Adopting a Progressive Rule for Reloca- tion of Easements?, 61 Mo L Rev 1039 [1996]). We conclude, however, that these concerns are ad- III. equately addressed by the limitation that a landowner may not unilaterally change a right of Applying these principles to the facts at hand, we way if that change impairs enjoyment of the ease- must first determine whether, in the 1956 Brown- ©2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 • Page 8 of 9 92 N.Y.2d 443 Page 8 92 N.Y.2d 443 (Cite as:92 N.Y.2d 443,705 N.E.2d 649) Jaffe deed, it was the intention of the parties, in cre- long as it meets the general directional sweep of the ating the right of way that plaintiff now enjoys, to existing driveway (see, e.g., Matter of City of New deny the landowner's right ever to relocate his main York [West Tenth St.], 267 NY 212, 221*454 driveway without the easement holder's consent. If [easement with "high-water line" as a boundary no such intent is to be found--as we conclude--then was not fixed at high-water line that existed at the defendant may relocate the right of way so long as time of the grant, but rather, at "such line wherever plaintiffs right is not impaired. it might thereafter be located"]; Lattimer v Soko- /owski, 31 NYS2d 880, 881 [easement granting (3) The search for the parties' intent begins with the right of way across property from the highway to a words they used in creating the easement. Here, the particular lot "as the same is now used" did not re- deed conveyed to the Jaffes a right to "the perpetual serve a right of passage over the two lanes then in use, in common with others, of [Mr. Brown's] main existence but granted a right of way reasonably ne- driveway, running in a generally southwesterly dir- cessary and convenient for the purpose for which it ection between South Ferry Road and [Mr. was created]). Brown's] residence premises." Under the terms of that grant, the Jaffes secured the right of convenient When--as here--the language of a grant does not it- passage to and from their property, while the self reveal an intent to preclude the landowner's Browns retained the right to use their property as right to relocate the right of way, consideration they saw fit, so long as it did not interfere with the must also be given to circumstances surrounding right of passage granted (see, 5 Warren's Weed, the conveyance, including the conduct of the parties New York Real Property, Easements, § 1.01 [2] both prior and subsequent to the grant (Bakeman v [4th ed]). Talbot, 31 NY, at 368,Wilson v Ford, 209 NY 186, 196,rearg denied209 NY 565;Onthank v Lake The deed, however, does not reflect an intent to Shore & Mich. S. R. R. Co., 71 NY, at 197,supra). deny Mr. Brown the right ever to relocate the "main Here, however, nothing in the conduct of the parties driveway" to his house in order to accommodate the or other surrounding circumstances indicates an in- grantees' right of ingress and egress to their adjoin- tent to deny the landowner's right to relocate the ing premises. Indeed, the indefinite description of driveway. Thus, the only remaining fact question is the right of way suggests the opposite--namely, that whether the relocation impairs or diminishes the parties intended to allow for relocation by the plaintiffs right of ingress and egress. landowner. Notably, the parties themselves in the same deed described two additional easements by Accordingly, the order of the Appellate Division, explicit reference to metes and bounds. Had they insofar as appealed from, should be reversed, with intended the right of way to be forever fixed in its costs, and the case remitted to Supreme Court for location, presumably they would have delineated it further proceedings in accordance with this opinion. in similar fashion. Moreover, if by "main drive- way" they meant to perpetuate the driveway then in Judges Bellacosa, Smith, Levine, Ciparick and existence, the additional specification found in the Wesley concur. deed-- "running in a generally southwesterly direc- Order, insofar as appealed from,reversed,etc.*455 tion between South Ferry Road and [Mr. Brown's] residence premises"--would have been superfluous. Copr. (c)2009, Secretary of State, State of New York The provision manifests an intention to grant a right N.Y. 1998. of passage over the driveway--wherever located--so ©2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 • • Page 9 of 9 92 N.Y.2d 443 Page 9 92 N.Y.2d 443 (Cite as:92 N.Y.2d 443,705 N.E.2d 649) LEWIS vYOUNG 92 N.Y.2d 443 END OF DOCUMENT ©2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?rs=WL W9.07&destination=atp&prft=HT... 8/10/2009 i Page 1 of 3 Wdsttaw. 179 N.E.371 Page 1 258 N.Y. 161, 179 N.E.371 (Cite as:258 N.Y. 161, 179 N.E.371) N Cases Court of Appeals of New York. Right of way granted but not specifically defined DALTON need be only such as is reasonably necessary. V. LEVY et at. 141 Easements 141 X44(2) Jan. 5, 1932. 141 Easements Action by Mary E. Dalton against Rose Levy and 141II Extent of Right, Use,and Obstruction others. From a judgment of the Appellate Division ( 141k39 Extent of Right 232 App. Div. 759, 247 N. Y. S. 730), reversing 141k44 Ways upon the law and the facts a judgment dismissing 14lk44(2) k. Extent of Way. Most the complaint, and directing a judgment for Cited Cases plaintiff,defendants appeal. Where plaintiff had, at most, right of egress and in- gress over lot, space of I I feet left when building Judgments of Appellate Division reversed, and that garage held sufficient. of Special Term affirmed. **371 *162 Appeal from Supreme Court, Appellate West Headnotes Division, Second Department. A. Rickman and Max Silverstein, both of New York City, for appel- [11 Easements 141 X51 lant. 141 Easements John G. Dalton,of New York City,for respondent. 14111 Extent of Right,Use,and Obstruction 141k51 k. Purposes of Use. Most Cited Cases Plaintiff gained no easement for unrestricted use of *163 KELLOGG,J. small lot not designated as street, because in con- veyance to predecessor grantor employed two sides Nathan and Barney Jacobs owned in common a of such lot as monuments to bound property con- tract of land in Port Washington, N. Y., which was veyed. bounded on the north by Main street, and upon the east by Middle Neck road, both of them public [21 Easements 141 &=51 streets. The brothers Jacobs, in 1903, caused this tract to be surveyed, subdivided, and mapped, and 141 Easements the map to be filed in the county clerk's office. The 14111 Extent of Right,Use,and Obstruction map indicates a subdivision of the tract into fifty- 141k51 k. Purposes of Use. Most Cited Cases four lots, an avenue, and two streets. The lots are Right of way may be general and usable for all pur- designated by numbers, and their dimensions by ap- poses,or it may be limited right. propriate figures. The streets are inclosed between parallel lines, fifty feet apart, and are designated 131 Easements 141 X12(1) `Maryland avenue,' 'Maple street,' and `Bernard street.' The first proceeds north from the southern 141 Easements boundary of the tract and opens into the village 1411 Creation,Existence,and Termination street, `Main street.' The latter two proceed east 141k12 Express Grant from Maryland avenue and open into the village 141k12(1) k. In General. Most Cited street, Middle Neck road. The brothers Jacobs, in all *164 their conveyances, made reference to this 0 2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. Ex(A �R) v k- http://web2.westlaw.com/print/printstream.aspx?sv=Split&destination=atp&utid=l&ifin=N... 6/5/2009 Page 2 of 3 179 N.E. 371 Page 2 258 N.Y. 161, 179 N.E.37i (Cite as:258 N.Y. 161, 179 N.E.371) map for the boundaries of the lands conveyed. appears upon the map, unnumbered as a lot and un- separated from Maryland avenue by any line, is a The plaintiff is the owner of lot No. 1, and the de- part of that avenue; that, as the grant to Dene fendant of lot No. 2, both of which are approxim- bounded lots numbered 1 and 3 in part by Jacobs ately rectangular. Lot No. 1 has a frontage on Main lane, Dene acquired an easement thereover, for its street of fifty feet, and a depth of 132 feet; it is full width and length, as if it were a public street; bounded on the south by lot No. 3 which has an that as Dene conveyed lot No. 1 to her, `together easterly and westerly length of one hundred feet, with the appurtenances,' she is entitled, in the en- and extends through to `Maryland avenue.' Lot No. joyment of her ownership of the lot, to the same un- 2 is a comer lot; is bounded on the west by lot No. restricted easement. 1; has a northerly frontage on Main street of fifty feet and an easterly frontage on Maryland avenue [1] It is doubtless true that where the owner of a of one hundred feet. It will be noted that while lot tract of land causes a map of the tract to be filed, No. 1 touches lot No. 3 on the south, lot No. 2, with which discloses its subdivision into numbered lots, its lesser depth, is not contiguous thereto. Bounded and its intersection by private roads termed `streets' on the north by lot No. 2, on the west by lot No. 1, giving access to public highways for all the lots, on the south by lot No. 3, on the east by `Maryland and conveys the lots by the numbers as they appear avenue,' there is an area, extending east and west upon the map, he conveys, as appurtenances to the fifty feet, and north and south approximately thirty- lots, easements in the roads, which are as extensive two feet. This area, as shown upon the map, bears and unrestricted as if they were public streets. Wig. no lot number. Moreover, the line, appearing upon gins v. McCleary, 49 N. Y. 346; Hennessy v. Mur- the map to mark the westerly boundary of Maryland dock, 137 N. Y. 317, 33 N. E. 330; Lord v. Atkins, avenue, is so broken that, on the easterly boundary 138 N. Y. 184, 33 N. E. 1035. That the purpose of of the unnumbered lot, no line appears to divide the such a grantor is to convey such an easement is the lot from the street. necessary implication from the symbols appearing upon the map. The parallel lines extending to public In the year 1903, the brothers Jacobs deeded lots streets; the inclosure of spaces appropriate for numbered 1, 3, 4, and 5 to William Dene. In defin- roads; the abuttal of all the lots upon some such ing the lots conveyed, the grantors describe lot No. space; the designation of the spaces as `streets'; the 1 as bounded in part by the westerly side of`Jacobs inaccessibility of the lots if the inclosures were not lane,' and lot No. 3 as in part bounded by the south- streets; the precise boundaries of the area made erly side of `Jacobs lane.' Concededly, 'Jacobs subject to the easement-these things indicate that lane' is the unnumbered lot. The title to that lot is the grantor intends the inclosure to be used by lot now in the defendant, who acquired it after making owners, to its fullest breadth, as a means of pas- acquisition of lot No. 2. In deeding lot No. 1 to the sage, for whatever purposes and by whatever plaintiff, in the year 1907, William Dene did not means, and that, like a public street, the roads are employ **372 'Jacobs lane' as one of the boundar- forever to remain open and free *166 from obstruc- ies of the lot. However, there was included in the tions. The implication may not arise where the road description of the premises and rights conveyed this appearing upon the map, to bound the lot conveyed, clause: `Together with such right of egress and in- enlarges to inclose a triangular space, not peculiarly gress *165 as the parties of the first part may have adapted to street purposes, in which case the grant- over Jacobs Lane socalled.' or may build upon the unconveyed triangle. Willi- ams v. Boston Water Power Co., 134 Mass. 406, In The plaintiff claims that she is possessed of a great- the case cited, the lines, within which a triangle was er right than that of convenient passage and repas- inclosed, were `wholly unlike two lines obviously sage over the unnumbered lot; that Jacobs lane, as it ©2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&destination=atp&utid=l&ifm=N... 6/5/2009 Page 3 of 3 • 179 N.E.371 Page 3 258 N.Y. 161, 179 N.E. 371 (Cite as:258 N.Y. 161, 179 N.E.371) drawn in relation to each other for the purpose of of a right of way `through and over' a space twenty indicating a street between.'They did not suffi- feet wide is `the grant of a convenient way, within ciently and clearly say to the grantee, 'This space is those limits.' Johnson v. Kinnicutt, 2 Cush. (56 forever to remain vacant.'Per Holmes, J., at page Mass.) 153, 157. 415 of 134 Mass. In our case, as in the case cited, the rectangle, over which the plaintiff claims an [4] In this case the defendant, the owner of the lot easement as in a public street, is not inclosed within known as `Jacobs lane,' has erected upon the lot a the parallel lines which indicate the course and garage, designed for his **373 use as the owner of breadth of a private road. True, it is not divided lot No. 2. There remains an unobstructed space, from the road by any line drawn. Nevertheless, it is between the garage and the north line of the lot, a mere recess notched out at the side of the parallel- which is at least eleven feet wide. We think that ogram, which constitutes the road, and forms no this space affords access from Maryland avenue to part of the continuous path furnishing egress and the rear of the plaintiffs lot, and egress from the access to all the lots. At most, it might serve the latter to the former, which is `reasonable' and uses of the owners of the three lots numbered 1, 2, `convenient'; that the plaintiff is entitled to a way and 3. Besides this, it does not bear the designation of passage of no greater width or extent; that with `street' or any other name to indicate its purpose. this right the defendant has in no sense interfered; We conclude that the plaintiff gained no easement that the plaintiff has no cause of complaint. thereover, for its unrestricted use to its full width, as if it were a public street, through the fortuitous The judgment of the Appellate Division should be circumstance that the brothers Jacobs, in conveying reversed, and that of the Special Term affirmed, the several lots to her predecessor in title, employed with costs in this court and in the Appellate Divi- the southerly and westerly sides of the lot termed sion. `Jacobs lane' as monuments to bound the property conveyed. CARDOZO, C. J., and POUND, CRANE, LEH- MAN,O'BRIEN,and HUBBS,JJ.,concur. [2][3] At most therefore the plaintiff has a right of Judgment accordingly. `egress and ingress' over the lot, as conveyed to her by Dene, her predecessor. A right of way may be N.Y. 1932 general in its character, that is, usable for all pur- Dalton v. Levy poses; `or it may be limited right, as a right of way 258 N.Y. 161, 179 N.E. 371 for carriages but not for carts, or for horses and not for carriages; or it may simply be a foot- END OF DOCUMENT way.'Goddard on Law of Easements, p. 406.*167 Where a right of way is reserved or granted, but not specifically defined, the rule is `that the way need be only such as is reasonably necessary and con- venient for the purpose for which it was cre- ated.'All that is required of a defendant, the owner of the servient tenement, is `that he shall not so contract the alley-way either vertically or laterally, as to deprive the plaintiff of a reasonable and con- venient use of the right of passing to and fro.'Per Vann, J., in Grafton v. Moir, 130 N. Y. 465, 471, 29 N. E. 974, 976, 27 Am. St. Rep. 533. The grant m 2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.cont/print/printstream.aspx?sv=Split&destination=atp&utid=l&ifm=N... 6/5/2009 . ,� �' •.�Ile � r t �i -* � F` ins ��� J�V/ +i Al �.� ..� � Is•y�..�t k ry - zip , 1 r ' M.r 4 ' Ic ' !* ' •L ate! ! OWN - � , s :.,._ ;-. .moi-.. 1-_.. s ._— �•�-_ �. . �;r•. < P ' 2 moo,. •Y _ t C -14F F ► ANA '. -• F � � � ��: �r is ,1.. rr iy 3:. t � r.r i I r • ' MAILING ADDRESS: PLANNING BOARD MEMBERS QF sour P.O. Box 1179 MARTIN H.SIDOR �� �Q/_ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS C42 Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMON Q , (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND MUM Southold, NY Telephone: 631 765-1838 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 11, 2009 Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision for Alexander& Tracy Sutton Located at 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-9-54 and 1000-78-9-78 Zone: R-40 Dear Mr. Vandenburgh: At a meeting held on Monday, August 10, 2009, the Southold Town Planning Board closed the public hearing for the proposed Standard Subdivision of Alexander&Tracy Sutton. Written comments will be accepted for a period of two weeks from the date of this letter. The next regularly scheduled Planning Board Meeting will be held on Monday, September 14, 2009 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Submission Without a Cover Letter Sender: Subject: 5u f-ton ao-11 U. SCTM#:.1000 - 7 '7 K Date: .Comments: i f I Y A✓ fi3� .w µ.b ,f y Y H }} u+ W: f tr iT�j 1d y fpr ~5,1�� 1. �..�� •' J IWI At WF 077 p . D � m. • s 'N I • •0\{,,�_ i 10, �♦ a i "� ILIA 'r ...,may ♦ � . ,`�\ '\ � i �► t ♦ •. *Or \ Vic . �� ,• � � �� � �\ �� � � � � �� ^g-rpt i +�h. ryi ..� •Yl��/p�Y�y�e �, � ilk Ash i 2f 7 ;04 - f V . i R� ` .19 M1�Fm'Fn _ .. a• � ��4 l r! WORK SESSION AGENDA S UTHOLD TOWN PLANNING BOAR Monday, July 13, 2009 4:30 p.m. 4:30 p.m. Applications Site Plans _Prject name_j 1 Joint Induce Bd. Santorini _ SCTM# 1000-83=2-17.3 _ Locatio 13800 Duck Pond Road,_Cutchogue _ Description: This site plan is for the proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an existing motel, restaurant, pool and pool house on a conforming 12.3 acre site partially located in the Resort Residential and Agricultural Conservation Zoning Districts. Status: Site Plan Review - Action:_ 1 Review Negative Declaration. _Attachments_ i_Negative Declaration - (Hand-Out) _Project name_ -�_Hudson City Savings BankPlaaz SCTM#: 1000-1223-17_1 Location: 11520-11750 Main Road, Mattituck _ Description: This site plan is for the proposed construction of 2 buildings totaling 13,227 square feet where one proposed two-story building is 9,500 square feet of office space and the other proposed one-story building is 3,241 square feet for a bank use with 65 proposed parking spaces on a 1.931 acre split-zoned parcel in the General Business and Residential-40 Zoning Districts located approximately 509' east of Bay Avenue, on the south side of NYS Road 25, in Mattituck. Status: Final Approval Action: Review language in resolution_- - Attachments_ Draft Resolution Subdivisions Project name Onufrak, Peter& Gloria 1 SCTM#: 1000-114.-5-1 Location: 1500_ Marys Road, Mattituck_ __ _ Description: i The property is located on the n/e/GCRo 48 and Mary's Ro_ in ad L---......-. -- ----Mattituck_- - - - - F Status;- Conditional Prelimin�Ap�roval/Final Public Hearin�c Held/Closed Action: 'Conditional Park and Playground Fee— - Attachments Draft Resolution PMect name: Sutton Stan8-9 dard Subdivision SCTM#:� 1000-7 -54 & 78 Location: 111.56 feet north-east of Li—be--Lane and Victoria Drive, Southold Description: This proposal is for a subdivision of a 2.444 acre parcel into 2 lots, I SCTM#1000-78-09-54 and 1000-78-09-78.The lots have been 1 previously merged. Lot 1 would be 61,899 square feet and proposed Lot 2 would be 44,587 sg_ ft_ in the R-40 Zoning District_ - -I t Status: Sketch Approval _ - - -------------- - - - - - - Action: Discuss up-dates. _ _ --- -- - - I Attachments i Hand Out -- -- . -- EILEEN A. POWERS,ESQ.PLLC %w'P ATTORNEY AT LAW 431 GRIFFING AVENUE RIVERBEAD,NEW YORK 11901 (631)727-8250 (631)727-7182(FAX) -- July 9,2009 — Southold Planning Board Town of Southold Town Hall j Main Road Southold,New York 11971 Re: SUTTON SUBDIVISION Private Road-Victoria Drive —j Dear Members: After attending the two (2)public hearings held in the above-referenced matter, the Reydon Heights Property Owner's association determined that it would be helpful to the Planning Board to set forth what we believe are the relevant facts and law pertaining to our rights over Victoria Drive. After reviewing this information, kindly make it a part of the public record in this matter. FACTUAL BACKGROUND To obtain and review a complete history of the properties within Reydon Heights, one need only go back as far as 1955 when Edward Nidds owned all of the property now known as Reydon Heights. Reydon Heights is a subdivision created by Mr.Nidds and approved by the Southold Town Planning Board in 1955. A copy of the "Approximate Subdivision of Reydon Heights" dated May 25, 1956 (revised) and filed with the Southold Town Planning Board is annexed hereto. A review of the subdivision map makes clear that Victoria Drive was intended to be a road within the subdivision running from Main Bayview Road to North Bayview Road. Further evidence of that intention is contained in the multitude of deeds transferring ownership of the lots within the subdivision from Mr. Nidds to the various owners. All of the Nidds deeds are available for review in the Assessor's office at Southold Town Hall. For your convenience, and by way of example, we direct your attention to the language contained in the following deeds (relevant excerpts of which are quoted below and copies of which are annexed hereto') from Mr. Nidds to subsequent owners: L 3962 cp 79 Nidds to Nenning (1955): This deed covers lots currently owned by Barbara McLaughlin(identified on the Suffolk County Tax Map as tax lot 55), Dorothy Wall and Thomas Wall (identified on the Suffolk County Tax Map as tax lot 56) and Donna Merkel and Joseph Merkel (identified on the Suffolk County Tax Map as tax lot Additionally,please refer to the Affidavit of Title expert Thomas Caulfield. 57). The pertinent language: "Together with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive"from North Bayview Road...to the Main Bayview Road. " L 6495 cp 570 Nidds to Hamilton(1969): This deed covers lots currently owned by Fred Edebohls and Eileen Edebohls (identified on the Suffolk County Tax Map as tax lot 71.002) and Betty Joan Graeb (identified on the Suffolk County Tax Map as tax lot 071.003). The pertinent language: "Together with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive" from North Bayview Road...to the Main Bayview Road. " L 6494 cp 323 Nidds to Longworth (1969): This deed covers the lot now owned by Thomas Kennedy and Claire Kennedy (identified on the Suffolk County Tax Map as tax lot 73). The pertinent language: "Together with a right of way over said private roads known as "Victoria Drive...... L 6541 cp 348 Nidds to Conrardy (1969): This deed covers the lot now owned by the Salvatore Joseph Conrardy Irrevocable Trust((identified on the Suffolk County Tax Map as block 6, tax lot 7) The pertinent language: "Together with an easement or right of way ...northerly over Victoria Drive to North Bayview... " L 6034 cp 311 Nidds to Kraus (1966): This deed covers the lot now owned by Suzanne Connell (identified on the Suffolk County Tax Map as block 6, tax lot 8)The pertinent language: "Together with an easement or right of way ...northerly over Victoria Drive to North Bayview... " L5497 cp 588 Nidds to Huffer(1964): This deed covers, inter alia, the lot currently owned by Sharon DiCandia and Peter DiCandia(identified on the Suffolk County Tax Map asblk 6, tax lot O 11.000). The pertinent language: "Together with a right of way over said 'Columbia Road'...and also over the proposed 50 foot highways to he known as `Victoria Drive', 'Summit Road', 'Colonial Road'and 'Ed's Road'. " L 4241 cp 203 Nidds to Pavacich (1956): This deed covers the lot currently owned by Nicholas Pavacich (identified on the Suffolk County Tax Map as Blk 6, tax lot 019.000). The pertinent language: "Together with the right to the use, in common with others, of a right of way SO foot wide over said 'Summit Drive'from the southeasterly corner of the premises northerly to said 'Liberty Lane', and thence westerly to a proposed highway to be known as `Victoria Road', and thence northerly to `North Bayview Road'. " With a little work, each of the deeds transferring title from Nidds to the subsequent owners could be reviewed by this Board. However, the sampling above makes clear both that Nidds intended Victoria Drive (as well as the other roads in the subdivision)to be a fifty (50) foot wide roadway running from Main Bayview Road through to North Bayview Road and that he also granted rights of way to his grantees over these properties as laid out as roads on the subdivision map. The Pavacich deed clearly grants a fifty-foot Ir . ' • richt of way over the roads in Reydon Heights, including Victoria Drive out to North Bayview. There can similarly be no question that Victoria Drive was in fact opened as a roadway running from Main Bayview to North Bayview and continues as such to this day2. The Planning Board has in its file on this matter, copies of maps produced by many different sources (including Mapquest, Google earth, Hagstrom etc) depicting Victoria Drive as a roadway running from Main Bayview Road through to North Bayview Road. Further, as you will recall, many of the current residents whom addressed this Board at public hearings in this matter have stated that Victoria Drive has been a roadway opened and traveled from Main Bayview to North Bayview for more than fifty(50)years. In fact, both the applicant and his attorney, Richard Vandeburgh, stated during the public hearings that the portion of Victoria Drive in question(i.e. that unpaved portion running from the paved portion through to North Bayview) has been a road for 60 years. At the June 8'2009 public hearing, addressing the unpaved portion of Victoria Drive, Mr. Vandeburgh conceded "it's been a road for 60 years." There appears to be some confusion caused by the fact that Mr. Nidds never dedicated the unpaved portion of Victoria Road to the Town but instead retained title to it for many years. The fact that a portion of the road was not dedicated does not extinguish its character as a road. Only an abandonment, filed with the Town Assessor, can effectuate a change and thereby alter the property's character as a roadway'. To reiterate, Mr. Nidds,the long time owner of the questioned portion, clearly intended it to be a road and opened it as such. Further, he granted,by way of recorded deeds, multitudes of grantees rights to pass over the road. When the County obtained this road for unpaid taxes in 1997, it obtained only the title Mr. Nidds had to give—i.e. title to the road he developed within his subdivision and subject to the rights of everyone in the subdivision including those to whom he granted specific deeded rights over the road. These rights to pass over the road are in addition to the rights of lot owners within the subdivision. SALE BY COUNTY OF SUFFOLK Prior to selling this portion of Victoria Drive, the County of Suffolk caused a title report to be prepared by the Suffolk County division of real estate. The title examiner clearly noted in her report that many parcels within Reydon Heights have rights of way, or easements, over the subject portion of Victoria Drive. A copy of those notes is annexed hereto for your review; the entire file is available for review at the County real estate office in Hauppauge. This opinion from the Suffolk County Division of Real 2 The fact that the roadway was not opened to the full 50-foot width does not affect its character as a roadway. A simple review of many of the roads in the Town will establish that they are not opened to the fifty-foot width. 'The paved portion of Victoria Drive,as well as the other roads depicted on the subdivision map,were dedicated to the Town in 1970. Dedication to the Town does not diminish the rights of the subdivision lot owners or other easement or right-of-way holders to the roadway,but instead simply transfers title to, and responsibility for,the roadway to the Town. 'The Office of the Southold Town Assessor has made clear to all who ask that a road abandonment cannot, and will not,be granted for a roadway, such as this one,that is in use. Estate explains why, when the County sold the road, it barred future development or improvement of the parcel. See L12516 cp175, bargain and sale deed from County of Suffolk. The express language of the deed puts everyone, especially the subsequent owners, on notice that title to this roadway is subject to the rights of other property owners to utilize same in accordance with recorded easements. Thus, there can be no surprise claimed by the applicant herein. Further, we submit that the applicant's own title insurance report raised the rights of other property owners to use the subject road. If it did not, his complaint properly lies with that company. LEGAL AUTHORITY Initially we note that the existence of Victoria Drive, from Main Bayview to North Bayview, on the subdivision map of Reydon Heights, grants to the lot owners in Reydon Heights the right to have all of Victoria Drive kept open as a road forever. See Lord v. Atkins, 93 Sickels 184, 33 N.E. 1035 (1893); see also Affidavit of Thomas Caulfield, dated July 8, 2009. The Court, in Lord v Atkins, explains: It is well settled that when the owner of land lays it out into distinct lots, with intersecting streets or avenues, and sells the lots with reference to such streets, his grantees or successors cannot afterwards be deprived of the benefit of having such streets kept open. When, in such a case, a lot is sold, bounded by a street,the purchaser and his grantees have an easement in the street for the purposes of access, which is a property right. See Lord v Atkins, supra(emphasis added). That principle is still relied upon by courts some 100 years later. See Fischer v. Liebman, 137 A.D.2d 485, 524 N.Y.S.2d 720 (2d Dept 1988)("The grantees of lots abutting a street on a filed map are entitled to have the land so demarcated remain as a street forever", citing Lord v Atkins). Further, Warren's Weed New York Real Property Law, Matthew Bender, 5`h ed. 2009, Ch. 90.16[9], explaining the rights of property owners in a filed subdivision, states: It is also well settled that when an owner of property sells lots in reference to a map, in the absence of language to the contrary, the grantees are entitled to have the abutting land, which is shown on the map as a street, left open forever as a street or highway,whether or not it is accepted by the town or municipality as a public highway. Id. Of course, although sufficient in and of itself, we need not stop the analysis here. As we set forth above, and in addition to the rights obtained by virtue of the subdivision map, virtually all of the property owners in Reydon Heights were granted deeded easements and/or rights of way over "Victoria Drive" While some of these deeds, in simple language, grant rights to pass over the proposed highway known as "Victoria Drive", others specifically grant the right to pass over the proposed highway known as "Victoria Drive" through to North Bayview Road. Read in context, it is clear Mr. Nidds, the grantor, is referring to Victoria Drive as set forth on the Approximate Subdivision Map of Reydon Heights and which is located on such by actual physical boundaries and shown as fifty feet in width. Further, while some deeds grant an "easement" or"right of way" over Victoria Drive, some deeds specifically reference a"fifty foot right of way", over Victoria Drive out to North Bayview. The deeds referenced above are perfect examples. Even without that clear reference to a fifty-foot right of way out to North Bayview, we submit the best indication of the intended location and width of the subject easements is the subdivision map itself—made by the grantor of these easements, Edward Nidds. Nidds, the grantor of each of these deeded easements, grants rights in, inter alia, "the proposed highway known as Victoria Drive"—a clear reference to the roadway laid out by Nidds on his subdivision map. A view of the map reveals the roadway is clearly fifty feet in width and runs from Main Bayview through to North Bayview. Courts have agreed that this is the best indication of the intended width. See Heim v. Conroy, 211 A.D. 2d 868, 621 N.Y.S. 2d 210 (3d Dept 1995) (best indication of width of easement is subdivision map clearly showing intended right of way to be 50 foot in width); see also Cashman v Shutter, 226 A.D.2d 961, 640 N.Y.S. 2d 930 (3d Dept 1996) (language granting"right of way in common with others" over road on subdivision map establishes that grantor intended easement over roadway as shown on map). Further, the owner of property subject, as here, to a roadway easement cannot relocate the easement, or provide for a substitute roadway without the benefited owner's consent. See Clements v Schultz, 200 A.D. 2d 11, 612 N.Y.S. 726 (4"' Dept 1994). Moreover, roadway easements such as those in Victoria Drive, continue to be valid even in cases where the roadway is covered with grass and landscaped. See DeLuca v.Noswal Park Taxpayers Ass'n, 39 A.D. 2d 544, 331 N.Y.S. 2d 848 (2d Dept 1972). We trust this information addresses the issues of concern to this Board. However, if you have any questions, or would like to discuss the matter at greater length,please feel free to contact me directly at(516) 695-7660. ZK�V�eyow s,. er a sq U o <i i I rl J1 i I , I ; Am—I doiduel or C P r r„n, +--15INDFNTU E,niali the US�1 RS. LIBER39 22nd ala•of Au August 62 PACE 79 f t 1�V N E' s ,nineteen hundred and f if ty-f ive, ry "' "UtilAR— D- N?DD_S rssidin`g_at Southold, Suf £elk County, `ter Now York, Party of the first part,and )fOWtLL GEORGE/_TNEN1VING and JOSEPHINE K. NENNING, his wife, as tenants by the entirety, both I residing at . Artbor Lan©, Levittown, Nassau County, New York, ! i Party of the second part, WITNESSETH,that the party of the first part,in consideration of - - - TEN ($10.) _ . . lawful money oney of the United States,and other good and valuable considerationdollars by the party of the second part, does hereby , paid grant and release unto the party of the second part, the heirs or li successors and assigns ofthe party of the second part forever, 1 ii ALL that certain tract or parcel of land, situate, lying and ; being at Bayview, near Southold, in the Town of Southold of Suffolk and State f a County o Now York, bounded and described as BEGINNING at a monument set on the bfollows;_ boundary lino betwoen ,! now or formerly of Mar land Y L. Dayton and land of the party of the first � I Part, 400.0 feet northerly along said boundary line from the Main Bayviow Road, being the northwesterly corner of land of Charles 'i Colombo; running thence along said land now or formerly of Dayton ! j North 25 degrees 19 minutes 50 seconds East a distance of 595.82 feet to a stake at the southwesterly corner of land of Gritz; running thence along said land of? GritSouth z, 72 degrees 18 minutes 10 seconds East a distance. of 200.0 foot to a.monument at the south. 3asterly corner thereof, bean g on the wosterly' lino of a proposed highway o n ig y to be known as Victoria Road,11 400.0 feet southorly_ along _ _ i party P 3 of the first part,and } Owr GEORGf.VNENNING and JOSEPHINE K. NENNING, his wife s as tenants D'y`—tlze orztrety, both. residing at zrAmber bane, Levittown, Nassau County, New York, I , party of the second part, i WITNESSETH,that the party of the first part, in consideration of g I� - - — — - _ — - — _ TEN ($10.) - dollars, lawful money of the United States,and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, n l ALL that certain tract or parcel of land, situate, lying and boing at Bayview, near Southold, in the Town of Southold, County Iof Suffolk and State of New York, bounded and described as follows; BEGINNING at a monument sot on the boundary lino between land now or formerly of Mary Le Dayton and land of the party of the firlq i , part, 40000 feet northerly along said boundary line from the Main Bayview Road, being the northwesterly corner of land of Charles Colombo; running thence along said land now or formerly of Dayton, North 25 degrees 19 minutes 50 seconds East a distance of 595.82 feet to a stake at the southwesterly corner of, land of Gritz; rum a thence along said land of Gritz, 'South 72 degrees 18 .minutes. 10 seconds East a distance of 200.0 feet to a.monument at theaouth. easterly corner thereof, being on the westerly line of a proposed highway to be known as "Victoria Road," 400.0 feet .southerly along , said westerly line from the North Bayview Road; running thence _alo said westerly line of "Victoria Road.9 2 courses, as follows (1) ( South 45 degrees 29 minutes 50 seconds West a distance of 3.40082 : feet; thence (2) South 25 degrees 19 minutes 50 seconds West a die. Rance of 500.0 feet to a monument at the northeasterly corner of sa ERe3962 PAGE 80 land of Colombo; running thence along said land of Colombo$ North 60, I degrees 55 minutes 30 seconds West a distance of 150.0 feet to the_ , point of beginning, TOGETHER with a right to the use, in common with others, of a h rlght ..of way' over said proposed highway to be known as "Victoria Road" from North Bayview Road southerly along said land of Gritz and II', along the promises herein described to the southeasterly corner ' thereof; thence southeasterly and then again southerly along other fl land of the party of the first-part to the Main Bayview Road, TOGETHER with the right to the use, in common with others, _ of n strip of land 50 feet in width as an easement to Corey Creek, said strip of land being bounded on the easterly by land of Edson j and on the westerly by land of Toedter and Dickinson a i i IIS l - - - - - - - - - - - - - - - - - - - - - - - �i I' i °+ TOGETHER t � �,^ liHfkt3ii . with right,title and interest,if any, of the party of the first part of, in and to any streets and abut ing the above-described premises to�the center lines thereof, -'� j e TOi f T�[F,�R'wit appurtenances and all the estate and rights of the oGvy� g Party of the st firpart in arid to TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and' assigns of the� party of the second part forever.' , i _ t IAND :the party of the first part covenants that the h party of the first rpart has not done or suffered anything whereby the said premises have i i libeen encumbered in any wag whatever, except as aforesaid, V. I' i� I �I t T T I ' AND the party of the first part, in compliance with Section 13 of ! II the first part will receive the consideration for this cgthe Lien Law, covenants that the party of nveyance and will hold the right to receive suchconsid- I �I eration 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 usingan my other purpose. y part of the total of the same for �1 II'Che word"party" shall be construed as if it read "parties" whenever the sense of this indenture so re IN WITNESS WHEREOF,the party of the fi N mitten. rst part has duly executed this deed the day and year first above , iI IN PRESENCE OF: it toted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that —o pouted the same. executed the same. RENSSELAEr. 3.TERRY,JR. NOTARY PUBLIC STISE OF NEW YORM Residing in S+t(olk County M32. 30 My Commission e.Pi,Rir.Murch 30, TE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: the da} of 19 before me On the day of 19 before me sonally came personally came me known, who, heing by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with that heresids at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. .t he is the ; 'that he knows the corporation described - -- to be the individual and which executed the foregoing instrument; that he - Ows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw xed by order of the board of directors of said corpora- �, execute the same;and that he, said witness, and that he signe3 h name thereto by like order. at the same time subscribed h name as witness thereto. M. O► 14 0 5 Q W z c ° a F pq �; U 3 p a 0 0 aai y Z H � � d X06 z C P 0 in p O' O 7 O +4 IC "Zi e � U a mb U a N 0 y W w � .`�° o O U 0.S H �UI W ra a t"t s v w N � an C J q t4� l o .iZoo . Qw � � J 4 RECORDED I LLAUG 3 WILLIAM N FkY -. r ._12.(LLL I'-...0 .. \`f \`.I�• S �:. Sued.,d N.Y.B.T.U.Furs 8007.9.69-90M—Bv,ese-d 5il,Deed,wah C.,xnan,vgalna,G,anroi,Aav—Indwid.1 ea G•ponaion L~ CONSYLT YOUR LAWYER RESORE SIONINO THIS INSTRUMENT—THIS INSTRUMENE SHOULD Y USED PT LAWYERS ONLY. UBEF6495 PACE570 M-2303 THIS INDENIVRF,made the 0?21*0day of January ,nineteen hundred and sixty-nine GTD No. BETWEEN EDWARD NIDDS, residing at Southold, Suffolk County, 07-46829New York' `jj5 REAI 67ATE' STATE OF + TIRANS7N7A - NEW YORK Or si b � 1l i`g W logo roA an *NBIfs - O r , BFNEme r ,'a3L's g 6 ,* party of the first part,and - .MARJORIE H. HAMILTON, residing at 490 Victoria Drive, Southold, Suffolk County, New York, party of the second part, u %VFMESSEPH,that the art of the first art,in consideration of ,_"• party P 10 - - - TEN ($10,00) - - - - - - - - - - - dollars, � lawful money of the United States, and other r good and valuable conaiderationpaia l LL by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, ypyExypd%pIEmI®pSW]fKOp/mE7pLE�rlt6ClppOCxppp,�[situate, lying and being in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as follows:- I BEGINNING at a monument set on the westerly side of a private road known as "Columbia Road" distant northerly as measured along the westerly side of "Columbia Road", 177 feet from the corner formed by the intersection of the westerly side of "Columbia Road" and the northerly side of "Ed's Road" and-which point of beginning is 1 intended to be the point of intersection of the northerly side of _1 premises now or formerly of William Hamilton and Marjorie H. Hamilton, his wife, with the westerly side of "Columbia Road"; running thence North 64 degrees 40 minutes LO seconds West, 100 feet:to a monument; running thence North 25 degrees 19 minutes 50 seconds East, 176 feet to a monument; running thence OoYth 64 degrees 40 minutes 10 seconds East, 100 . feet to a monument on the westerly side of "Columbia Road"; running thence along the westerly aide of "Columbia Road", South 25 degrees 19 minutes 50 seconds West, 176 feet to the point or place of BEGINNING, TOGETHER with a right of way over said private roads known as "Columbia Road" and "Ed's Road" and also over the private roads known as "Liberty Lane", "Smmsit Road", "Colonial Road", and "Victoria Drive". TOGETHER with the right to the use, in common with others, of a strip of land 50 feet in width as an easement for ingress and egress to CoreyCreek, .said strip of land being bounded on the East by land of Edson and on the West by land of Toedter and Dickinson. _ .. _ SUBJECT to the following covenants and restrictions: 1,. No more than one dwelling hour - h ll be=eree¢ed-_oa_said lot. y`dwe11ing house erected on said lot shall cost not less than''"'-` y 'i $8,500,00. v I .s iBA495 rnee571 3.. Said covenants and restrictions shall expire on January 1, 1975. ti". . 4. Subject to the zoning ordinances of the Town of Southold or other t municipal authorities having jurisdiction over the premises, provided the same are not violated by the area or dimensions of „s � the property. a=: 4 I 1 i I �n ii .r t+ 34 � I 4,yy L'9EP 95 PAGE572 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and f' roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, ' 70 HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. J_ r 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 right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the find part has duly exccuted this deed the day and year first above written. IN Paeserrce or:////,�.�Z � � (L.S.) �•q. y� (Edward Ni ds) STATE OF NEW YORK, COUNTY OF SUFFOLK ) SS: On the;Zq" clay of January, 1969, before me personally came EDWARD . NIDDS, to me known to be the individual described in and who executed the within instrument, and he acknowledged me that he executed the same. �,' b CORDED REN..ELAT.. C. TCflnY, Notary r? ic. NOTARY POapr . re n S m' JAN2417a R abq t Sf8 - Yn,k �:,�._•._"`--._.. /l LESr�• DBSGN' Clerk of Suffolk County I .iV S.r.7 I t b001 Sil.D ihl!,:n.. y' ,i G,au;.., c6NSULT YOUR LAWYER BEFORE SIGNING THIS.INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. F6494 Pnc323 TH?!,IND KrJRE,-.;::.?e the y"'-qday of Janu_ary , nineteen hundred and sixty-nine Bc'TVVF'Ftt EDWARD NIDDS, residing at Southold, Suffolk County, New York, . o p party of the first part, and JOHN LONGWORTH andr ROSEMARY LONGWORTH, his wife, [� as tenants by the entirety, both residing at 30-07 79th Street, 4r { Jackson Heights, New York, r r party of the second part, 1 WITNESSETH, that the party of the first part, in,consideration of 1 - - - - - TEN ($10.00) - - - - - - - - - dollars, lawful money of the United States, and other good and valuable consideration,paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or Isuccessors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being iiK*x at Bay View, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: - BEGINNING at the intersection of the easterly line of a private road known as "Victoria Drive" with the southerly line of a private road known as "Liberty Lane"; from said point of beginning running along said southerly line of "Liberty Lane", South 68 degrees 27 minutes 10 seconds East, a distance of 100.22 feet; thence along land of Edward Nidds, two courses: (1) South 25 degrees 19 minutes 50 seconds West, a distance of 156.61 feet; thence (2) North 64 degrees 40 minutes 10 seconds West, a distance of 100.0 feet to said easterly line of "Victoria Drive"; thence along said easterly line, North 25 degrees 19 minutes 50 seconds East, a distance of 150.0 feet to the point of beginning. TOGETHER with a right of way over said private roads known as "Victoria Drive" and "Liberty Lane", and also the private roads known as "Columbia Road", "Summit Road", "Colonial Road" and "Ed's Road". TOGETHER with the right to the use, in common with others, of a strip of land 50 feet in width as an easement for ingress and egress to Corey Creek, said strip of land being bounded on the East by land of Edson and on the West by land of Toedter and Dickinson. SUBJECT to the following covenants and restrictions: 1. No more than one dwelling house shall be erected on said lot. - _ 2. Anv dwelling house erected, on said lot shall cost not less than �i REAL ESTAIE TRANSFER IAX T OF Dept. of NEW YORK M ioxafiRn JaN2369 § # 0 8 Finan[e BR. AND the party of the first part covenants that the whereby the said premises have been incumbered in Party of the first part has not done or suffered an}y!�;,.. AND the party of the first Y way Whatever, except as aforesaid. comp ance h Section 13 of the Lien Law the first part will receive theyconsideration ltfor thistcon conveyance and will hold he ri eration as a ovenants that the trust fund to be applied first for the purpose of paying the same first to the a light to receive such°'.r. Payment of the cost of the improvement g the cost of the im any other u provement before using any Pr°vement and will _ Purpose. _ B Y Part of the total of the same(;, The word "Party" shall 6eonstrued as if it read Of whenever the sense of this indenture so IN WHEREOF,the party of the first par[has duly rt.,j.,. Y executed this deed the day and year first air:;, IN PRESENCE OF. STATE OF (Edward Nidd" s) NEW YORK, COUNTY OF SUFFOLK On the ,?---o day of Januar ) SS: EDWARD NIDDS, to me known to bey, 1969 executed the individualodescribedre me sonaily the foregoing Inst executed the same, instrument, and in aad e acknowledged to me RECORDED Id -. RFncc .:GTR M tvnroog r v�uPx .h v ek Not °rTERRY 23 1969 PUBLIC JR. I' 8110.1krvlk a Q M. Mr s 3951RanC AB'LESTJRO Clerk otERTSON n90, 1969 Suffolk q County r Snndvd N.Y. and Sale Dnd with Covenant again"G r A Individual of Ca,poonon CONSULT TOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—TNIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. . LiBER6541 PACE348 - ` THIS INDENTURE,made the 23'—day of v ,nineteen hundred and sixty-nine - BETWEENEDWARD MODS, residing. at Southold, Suffolk County, New M-2318. - - HID No. York, 69-S-00807 1 piny of the first part,and SALVATORE J. CONRARDY and ELEANOR CONRARDY, his wife, as :tenants by the entirety, both residing at Jockey Creek Drive, C � M f- Southold,. Suffolk County, Newyork, '3 party of the second pact, LL WITNESSETH,that the party of the first part,in consideration of - - - - TEN ($10.00) - - - - - - dollars, _ lawful money of the United States,and other good and valuable consideration, paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs or spccessorsand assigns of the party of the second par[forever, t, ALL that certain plot,'piece or parcel of land,IiD=Kl mMH ;xmub 0[*1Dt08m xxkoENlmDtu x*L situate, lying and being lgmkatat Southold, in.the Town of Southold, County of Suffolk andState of-New York, bounded and described. as follows:- -BEGINNING at a point on the Northeasterly side of Liberty Lane (a Private'.Road) .distant 178.16 feet Northwesterly from the 'corner formed by the intersection of the. Northeasterly side,of Liberty Lane with the Southeasterly,side of Colonial Road (a Private Road); running thence. North 57'degrees.,34 minutes 10 seconds West, 150, feet; thence North 32 degrees 25.minutes 50 seconds East',along land.now or formerly of Kraus, 100 feet;. thence ,::South 57 degrees 34minutes10 seconds East,-along land now or'formerly of Shipuleski,'150' feet and thence _ South 32 degrees 25 minutes 50seconds.West, along land now or formerly of Lewis; 100 feet to the Northeasterly side of Liberty Lane and the point;or'place ofBEGINNING. - - TOGETHER with an easement or right of way over Liberty Lane • . westerly to Victoria Drive and northerly over Victoria Drive to North Bayview Road and southerly along said Victoria Drive to Main Bayview IRoad. for.access-to and froth-said Roads. he use in common with others' of a. . TOGETHER with the right to t ,. , g strip.`ofland-50 feet i:n'width-as :aneasement for-ingressand egress to Corey Creek, said strip oflandbeing bounded onthe East by land', 'of'Edson and an the We t.by land'of :Toedter and Dickinson. ,SUBJECT,to the following covenants and restrictions: 1.•No''more than one dwelling-house shall be erected.on said lot. - --2-.-Any dwelling house er-cc-ted-oln--sai,d,lot,shall cost no�Iess.: thaq,,. 0. � t3. SaidOao�enants and restrictions shall expire on Januar; 1975. 4. .Subject to the.ioning ordinances of theTownof Southold or other' --.` y �- !•ya mun:Lcipal authorities having jurisdiction over the premises, provi�9' .� ,,. , the same are .not .violated by the area ofthe property., ,y' ` f LIBEF 541 ?AfE349 TOCEFHER with all right,title and interest,if any,of the partof the first part in and to any streets and,,; i =roads abutting.the above described premisesto,the anter lines tk�prcof, TOGETHER-wilh the.appurtenances.and all the estate and rights of the party of the first part in and to 'said premises, TO HAVE AND TO HOID the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever:' I i 1 REALJ:STATF f�}�t NEW YORK * � ti .TRANSFER TAX�1f =u ..Dept of APA29'69 0 2.7 J . 8 Flnona Ea moos• , t 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 right to receive such consid-., emtion as a trust[and to be applied first for the purpose of paying the cost of the improvement and will apply .the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. -- 'The word"party"shall be construed as if it read"parties"whenever,the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above 'written. 1 IN PRESENCEOF�L�„__ ^ �� "'�� �L.S,) �✓ G�'^Oj3'3+. Edwardes)_ .STATE. OF NEW YORK, COUNpT�Y,,�O�F SUFFOLK ) SS: .. On theo23�day of 7 _._' 1969, before.me personally came EDWARD MUDS, to me known to be the individual described in and who executed the within instrument, and he acknowled ed that he.executedlthe-same. RECORDED' . Notary �LO. nEM1'S9EL.IER 6: TERRY, 7R, MOTARY TURLIE,Stele al Nem V;1 Neeidiag In 9uffMA Qaaty N 2aRa1160 APR..29 1989 sly� I R E F rm NareR sty,177/' STER M ALBERTSON ! Cal Clerk of Suffolk County z Awa It au 0-Ii,..)Stutd.rd N.Y.B.T.U.F.rmeedi Bargain and Sale Deed, will,Cm'evaat pins!Gramar'>:1ele—Ldividual orCurpoulion - � CONSULT YOUR LAWYER BEFORE SISNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE US{{F��O BY'j�LAWYERS'7ONLY.': 7s nineteen hundred and CRb03 PAGxE311 .-1337a THUS INDENTURE, made the d y of !? y BETWEEN DWA_ NIDDS, residing. at Southold, Suffolk County, Now York, ■ — party of the first part,and JOSEPH KRAUS and FLO-11MCE II. KRAUS, his wife, as tenants by the entirety, both residing at 38 Euston Road South, 'lest Hempstead, Nassau County, Now York, i - party of the second part, WITNESSETH,that the party of the first part,in consideration of - - - - - - - - - TEN (410.00) - - - - - - - - - - - - - - dollars, ' lawful money of the United States, and other good and valuable. consideration., Paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plc[, piece or parcel of land, 0040� , atuate, lying and being ## at Bay View, near Southold, in the Town of Southold, Suffolk County, Now York, bounded and described as follows :- BEGINITING at a monument on the northerly line of a 50 foot private road known as "Liberty Lano", 348.66 foot easterly along said northerl; line from a private road known as "Victoria Drive [, said point of be- ginning being the southeasterly corner of land of Tjornhom; from said j point of beginning running along said land of Tjornhom, North 25 do- gross 21 minutes 30 seconds East, a distance of 100.78 feet to a monu- ment and land of Shipuleski; thence along said. land of Shipuleski, Sout 57 degrees Sly minutes 10 seconds East, a distance of 162.41 feet; thenc along land of the party of the first part, South 32 degrees 25 minutes 50 seconds 'lost, a distance of 100.0 foot to said northerly line of "Liberty Lane"; thence along said northerly line, North 57 degrees Sly minutes 10 seconds dost, a distance of 150.0 foot to the point of be- ginning. TOGETHER with the right to the use of a right of way, in common with others, over said "Liberty Lane" and said "Victoria Drive" and also ovc_ the 50 foot proposed highways known as "Ed's Road", "Colonial Road", "Columbia Road" and ''Summit Road". TOGETHER with the right to the use of a right of way, in common with t: others, over a strip of land 50 foot in width as an casement to Corqy Creek, said strip of land being bounded on the east by land of ydson and on the west by land of Tocdtor and Dickinson. SUBJECT to the following covenants and restrictions: 1. No more than one dwelling house shall be erected on said promises. J 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 Fart will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose ofpaying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. ) A TN PRLSENcLdi.• Edwar Nds) TATE OF 11 'd 0-?K, COUNTY OF SUFFOLK ) SS: On the of�P/y���� , 1966, before me persmally came MIdAM IDDS, to me known to'be the individual described in and who executed he wit'-,in instrument, and he acknowledged to that he executed the same. i RECORDED L ' RENS --$ G. TERRY 1R. N :an• Public State of New nOsifmP in Suffolk County SEP. 1919$8 __�-- _._ _ ac It wirer t 'a 30. 195n. NORMAN E. KIM C1e_rk of Suffolk County _ _;—k� I Sunda,d N.Y.B.S.U.Farm A00]•Yfi]RBM Bmp n and Sal.Dend.Vah I(na.,aganaa,G anmi s A,,,-Individual an Co,pornbn. 5 - CONSULT YOUR LAWYER BEFORE SIGNING TNISJNSTRUMENT—THIS INSTRUMENT SHOULD BE USED By LAWYERS ONLY. uYER5497 vncg588 qy eJ R.S.I.R R. e!ElA. 4(D__ , M-13378 77US INDENTURE,made the.,G%day,of ,Tanuary ,nineteen hundred and sixty-four t� j BETWEEN EDWARO NIDDS, residing at Southold, Suffolk County, Now York, k. k V, party of the first part,and JOHN BUTTER and IRMA HUTTER, his wif o, as tenants by the entlrety,,both residing at 24.50 B. 94th Street, Brooklyn, New York, , party of the second part, WITNESSETH,that the party of the first part,in consideration of - - - TEN (410.00). - - -, - - - - - - - - - dollars,. s: lawful money of the United States,and other good and valuable considoration, paid o\ by the party of.the second part,does hereby grant and release unto the party of the second part,the heirs or uccessors and assigns of the party of Ile second part forever, 4I, PARCEL.ONE: ALL that tract or parcel of land, situates lying and being at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of Now York, bounded and described as follows:- .. I BEGINNING at a point on the easterly line of a proposed 50 foot highway tobe known as "Columbia Road" 117.10 Peet southerly along said easterly line from its intersection with the southerly .line of a proposed) 50 foot highway to be known as "Liberty Lane"; from said point of begin- Ding running along land of the party of the first part, South 62 degrees 27 minutes 10 seconds East, a distance of 135.75.foot to land of Pavacich; .thence along said land of Pavacich, South 26 degrees 00 minutes 20.seconds Weat,'a distance of 50,.0 feet; thence along land. of Aanenson, - South 28 degrees 41 minutes 30 seconds West, a distance of. 75.0 feet; thencealong said land of the party of, the first part,.North 62 degrees' 25 minutes'40.seconds West, a distance of 130.79 feet to. said easterly line of "Columbia Road"; thence..along said 'easterly line, North 25 degrees 19 minutes.50 seconds--.East,.a,distance of 125.0 foot to the point of beginning.... TOGETHER with a right of way over said "Columbia Road" and. Gold "Liberty vane" and also over-thepro osed 50foothighways to be known I` as. "Victoria Drive", ."Summit Roadi, Colonial Road" and Edfa Road",. PARCEL TWO: _ ALL that tract orparcel of land,. situate, lying-and being at Bayviews near Southold, in the Town of Southold, County of Suffolk and State of Now York, .bounded and. described as follows: BEGINNING at amonument on the westerly line of'a proposed 50 foot. highway to be known as "Summit Road",.175.28 foot southerly along said . i.... westerly line from the soutborly line.of a proposed 50. foot highway to i , 10,11 parallel known as. "Liberty Lane"; said westerly'line of "Summit Road" being parallel to and 450 foot westerly from the westerly line (or its extension southerly) ofland.of. Frank Stelzer, measured at right,angles thereto; and said horly soutlino:of."Liberty'Lane" beim parallel to +, � and 150 feet southerly . Prom the sduthorlyline 'oPof._lsad oP_Shlpuleaki, j . measured at right angles thereto; '.said-point of.,beginning, being the. "soutaerrs �Qraor Qt�ianrYoP"Psvacich; frDm said-point_of boZinning - running along said;eiostorly line of "Summit Road", South 28 degrees 41 _ minutes 30seconds-'dost, a distance of,75.0 foottoa monument andlanu „ _ I ` C tmE15497 encE589 of Holgoson; thence along said land of Holgeson, North 60 dog roes 02 minutes 40. seconds ',lost, a, distance of 125.0 feet to a.,monument; thence along land of the partyof -the firstpart, ,North 281dogrees 41 minutes: .) 30 seconds East, a distance of 75.0 fact to a monument and said land of Pavacich; thence along said land of Pavacich; South 60 degrees 02 minutes 40 seconds East, a.distance of 125-0 feet to the point:of beginning. TOGETHER with right.ofway over. said "Summit Road" and. said ~ "Liberty Lane" and also over..tho.proposed 50 foot highways to be known . i. as "Colonial Road", "Columbia. Road", ."Victoria Drive" and "Ed's Road". SUBJECT TO THE FOLLOWING COVEU&M AND 32STRICTIONS: i 1. No more than one dwelling housoshall be erected on� said promises !, designatod .as Israel Ono and no more,_than one dwelling house shall be erected on said promises designated as Parcel Two. 2. Any dwelling house erected on said promises shall cost not loss than 58,500.00. . . (. 3. Said covenants and restrictions shall expire on Sanuary 1, 1975. 4. Subject to the zoning ordinances of the Town of Southold or other �: . . municipal authorities having jurisdiction over the promises, provided the same aro notviolated by the area or dimensions of the property. 5. Subject to the purchasers' ability to obtain a building permit on the individual parcels above described. I i i i s: fm"7r „� i ;, ,”; S,-a,ra m.vs.r. +9007,tossnM-e.,,< as,,<q,<0. hC ire <c '.n a a t rc.<w ro A �' ) < 4 cifr1PAGE(eOJ J T� prtR �. - Deoe�mber ',nineteen hundred and fifty-six "'� b r THIS INDENTURE,made the U Suy a� + BETWEEN P.OW NIDDS residing at Southold, Suffolk County, New York, party of the first part,and J - , JOHN'. PAVACIDI end MONICA PAVACICH. his wife, as tenants by the entirety, , ! both residing at 19 Roman Place, Baldwin, tong Island, New York, party of the second part, I I. WITNESSE£H,that the parry of the first part,in consideration of ____________ _____7M ($10.)-,-.__. .-- --_- .-------_----dollars, v paid lawful money of the United States,, and other good and valuable consideration, r - by the patty of the second part,does hereby grant and release unto lM1e party of the second part,the heirs at � successors and assigns of the party of.the second part forever, ALL that certain ploty'.piece or parcel of land,M0 h*MMW14yM*L� sLL *###M ua[c, r i tu lying and being,j({', at Bey View, Bear Southold, in the Tom of Southold, County a _ of Suffolk and State of New York,',bounded and described as followsi- . BMINNING at a monumaeit at the intersection of the southerly line of a 1 proposed highway to be known as "Liberty Lane" with the westerly line of a proposed .u( highway to be known ae "Su®it Drive", sold southerly line of "Liberty Lanett being P lSO feet southerly from the boundary-Ilse between land of the seller and land or Sulpuleskl, and parallel thereto,!end said westerly line of "Summit Drive" being 449.94 feet westerly fromthe boundary line between land of the seller and land of - J Stelzer, and parallel thereto; from said point.of begiming running southerly along o said westerly line of "Summit Drive" 175.28 feet to land conveyed by theeel ler to ii Asnarsen; running thence weetsrly, along said"land, 125 feet; running thence north- ' jerly along other lead of the seller, 181.44 feet to an Iron pipe on said southerly - � dine of "Liberty Lane"; running thence easterly along said southerly line, 153.76 feet to the point of beginning. TOGETHER with the right to the use, In common: with others, of a right of way 50 feet wide over'seid "Summit Drive" from the southeasterly corner of the premises northerly to geld "Llberty'Lane," and thence westerly to a proposed highway to be '.known as "Victoria Road," and thence northerly to North Bayview Road. TOGETHER also with the right to the use, In common with others, of aright of way over said "Su®it Drive" from the southeasterly corner of the premises southerly 0 Into a proposed highway to be known as "Rd's Road"; thence westerly to veld "Victoria I ' Road," thence southerly to Beyirlew Road. - j TOGETHER with the right to the. use, Incomma, with others, of a strip of land 50 feet In width as an easement to Corey Creek, field strip of lend being bounded on the.easterly by land of Edson and on the westerly by land of Toedter and Dickinson SUBJECT to the following covenants and restrictions: 1. No more than one dwelling house shall be erected on said premises. j E. Any dwelling house erected on said premises shall cost not less than $13,000. 3. Said covenants end restrictions shall expire on January.19 1975. !, The seller reserves the right to dedicate the aforesaid roadsknown as "Summit ` Drive," "Liberty Lane," "Victoria Egad," end "Rd's Road" to the Town of Southold as _ public highways, and the right to the use of said rights of way is subject and sub- ordinate to such right of dedication, and.thepurchasers, by the acceptance of the deed to be given hereunder,.consent ?o such dedication,and release the Tosco of Southold from any liability forldsmeges by reason thereof.: v Ll BE' G;+1� Pphe-204 --- — - �� TOGETHER w7 raitYigl .fide aecf_interest,�i.anv,of th�anl,d rs partiiFaiilhto dpY streets and roads abutting the above described premisesto the center lines thereof, - 70CE1'HER with the appurtenances and all the estaje and.rights of the'party of the first part in and to said prenuses,. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or l _ successors and assigns of the party of the second part forever. - it AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in an� waywhatever,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 fist part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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 Jany other purpose. . Theword"party'shall be construed as if it read"parties"whenever the sense of this indenture so'requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above^ 1written. IN PRESENCE OF: l (Edward 111ddo) . s I y 1 h 1 • Suffolk County Department of Planning Real Estate Division Auction Title Report Title # 99 - 145q District: 1000 Section: 09'3 Block: Qq Lot: Qr1$ Description of Property Name of Map North x Lots No. East x Block No. South x Map No. Sec. Fled West x S.C. Source of Title: L. t 1 q 9-1 cp. 3�y (Copy attached) D. 10 d 5 9 9 R. 10 ` 9 • �, � Pi5�decn�.sed,a�du�-.e�•�'d w .Nqvi �ddud UA Prior Owner: Edwa (d N� dcl3 t2icho�o7 J. nidd, . E+het ,urdds S »v+roa L y b cp. 15 I as dauias, (Copy attached) D. 6-55 i R. Lis Pendens: None:✓ See Attached: S.C. Proof of Service Attached: Received: ✓ Not Received: County Investment printout attached. L a4-12•p 94-14 C 30 � 40-11P,e 50 :3A L' 2--78b �P �6'� g'°Q 1.5 Mortgages 1977 to date: - e&cai,on .•re1. %Ioxxt-->fw -bWn h.y �4-5 L 'l 1st bQ¢li io-(Owrl `� Spt "d re �t 0 L 605 cP V7 REMARKS: t. L y 155 3 GLE-t- vtc easeyv,�nt L Sg311 cp 2-7.(� "F4•IP_Vaviaus o`1�t�ehr elec• ens�rne ds reALLveaJ Rulon Prepared by: Date: t1 - 1�-99 r r7����,� � ,►� �e OtttLcwd f�Ol0 ods t A rWl �► 1 Ids 55 -5 L 6%z cP -7q 5� FRoM Al o r^hh f�v r� Road �-�h� "Tu Hain �o v too 19 j L 92-41 efZOa 5 QMm i+ 71 Y►ve -}o Co " Lo- .o v1c-to v 6- P-d Ivo�4�b 1, Nor+-h 90-AveeUD IE!o►- r L 6641 cp 349 r 6e,vf� Lone -b �i ci-o r i cc, -br 4-o N o M-1 &�vi ew 1 ( 4 S o CA 4te(lt� fo N a i n �v i ek�) . �!3 n 3 � have y I' h+ over all s{,re� 1 I pes no S?eciAc, 1►t6, as -+b I z i� -thQy e -cLn �AOU lJc -4b Noy +l 13 Umure 'r- 4)-) ircLL4 e5 PuC - shown -k) k22 W IJ z '7 4 vrL1ovTGa -1x cm ('090i " e bw+ cbhco. slrreefS 2 (a CLQ I GL C✓ <le l c94e-d -6 iaon , rT PW r hcLuAe VUL rrez m&f ktT �pZ F1n5 no e4S meh-f Irl aRz (� Loi has hb era sexne> 5 �w acce�s 29 LoT �'�, 5, 3S- TGwn vF 5 , N '10etseme,-FIs 51 gcc ess Sf7own �n ►cid. 20 )-01 Ped-�1. z, Pq 5 nu e Sen"Il �aCE� rn 1�01� balance �j 4�a�c a►p *alk, as 4D rron�y SoLd mck " Burr= CDOW" BAHGRM am vWx DZED SS=8 27wWlUxus. loads the lg ,v Toy day of 2007 . BE== the COomm Or surnIZ, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, party of the first part, and if/W xI'll - sAPOR=To, P.O. Box 1600$y North Bayview Road Extension, Southold, New York 11971, party of the second part. Nx"MggE'1'8, that the party of the first part, pursuant to Resolution Number 697-2007 adopted' by ' the Suffolk County Legislature on June 26, 2007 and, thereafter, 'approved by the Chief Deputy County Executive on June 29, 2007, in consideration of Five Thousand One Hundred One dollars and other .valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, Axa„ that certain plot, piece or parcel of land with any ------- buildings and improvements thereon erected, situate, lying and DISTRI being in the Town of Southold, County of Suffolk and State of 1000 New York, described on the Tax Map of the Suffolk County Real ------- Property Tax Service Agency as District 1000, Section 078.00, SECTION Block 09.00, Lot 078.000, and acquired by Tax Deed on October :Q78, a 25, 1999, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on dctober 27, 1999, in Liber BLOCK 11997, CP 374, and otherwise known as and by Town of Southold, 09;sA;O N x North Bayview Road Extension; E x now or formerly Jack A. a ------- - Nary E. Guild and now or formerly Town of Southold; S x Liberty LOT Lane, W x now or formerly Thomas W. a Dorothy E. Wall and now Or „OwT.6�+v0OG formerly Barbara J. McLaughlin and now or formerly Nancy ------ Saporito, C,//A101 TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premiees to the canter lines thereof; 'w... TOGS with the appurtenances,and all the•'e'state and rights ti{w of the party of the first part in and to said premises: TO SWE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. mmj=T to all covenants, restrictions and easements of record, if any. Tia DEED ie 'given subject to any easements of Record for Ingress and Egress to abutting roads. The premises described herein shall not' be independently improved by the erection of any structure, and can be merged with grantee's adjoining parcel if applicable' so as to form one single lot. There can be no further subdivision o£ tbe merged parcel unless it is consistent with local town and/or village zoning codes and standards of the Suffolk county Department of Health Services, applicable at the time application is made. THIS restrictive covenant shall be enforceable by the County of Suffolk by injunctive relief or by any other remedy, in equity, or at law. The failure of the County of Suffolk or any agency thereof to enforce this covenant' shall- not be deemed to impose any liability whatsoever upon the County of Suffolk or any officer, employee or agent thereof. THIS eoveiwent and restriction shall run with the land and shall be binding upon the grantee, its a..ua w uccessor and aseigns, and upon all persons claiming under then. ARD the party of the first part, in compliance with Section . 3 of the Lien Lav, hereby covenants that the party of the first• rt will receive the consideration for this conveyance and will old the right to receive such consideration as a trust fund to e applied first for the purpose of paying the cost of the mprovement and will apply the same first to the payment of the oat of the improvement before using any part of the total of he same for any other purpose. Tee WORD •PASTY• shall be construed as if it read •parties' henever the sense of this indenture so requires. xx wxTxus R mzcr, the party of the first part has duly xecuted this deed the day and year first above written. COUNTY OF SUFFOLK, NEW YORK Presence Of: / By: �,L� cNRI PMEK E. KENT, Division Director Division of Real Property Acquisition and Management Department of Environment and Energy TATs or MW T03M ) ss.1 UNIN Or BUFFOLK ) T f he �79 day of J'��y in the year ��re me, the undersigned, personally appeared Christopher E. , personally known to me or proved to me on the basis of sfactory evidence to be the individual whose name is cribed to the within instrument and acknowledged to me he executed the same in his capacity. and that by hi■ ature on the instrument, the individual, or the person behalf of which the individual acted, executed the natrument. x Notary iic fgt%te Sof 1pr York eAKDAII7 AMD sats DRRiD ^/e• G f� W- Wtl ee/ �t Without Covenant (y7rA4-ifi� ia .rvffi�.0 'WrT �.,.r.,rrirr ,Cy�i,clr Tewliie SUFFOLK COUNTY TO RECORD AND KRTURN TO: NANCY SAPORITO i i COUNTY OF SUFFOLK) ) SS.: STATE OF NEW YORK ) THOMAS B. CAULFIELD, being duly sworn, deposes and says: 1. I reside at 51 Lakeview Drive, Riverhead,NY 11901. 2. I am the President and owner of SCTIC, Incorporated, a title abstract company. SCTIC, Incorporated has been an agent for Fidelity National Title Insurance Company since 1985. 3. I have been in the title business for more than thirty years. I hold a Master of Business Administration degree from Oklahoma City University. 4. I have been qualified as an expert witness in title matters by the Supreme Court in Suffolk County and Federal Bankruptcy Court. 5. I have been asked by Eileen A. Powers, Esq., on behalf of Reydon Heights Property Owners Association, for a determination of what rights owners of property shown on Approximate Subdivision of"Reydon Heights at Bayview, Southold, LI" have over Victoria drive as laid out on said map. 6. I was provided a copy of said map Approximate Subdivision of"Reydon SQ ; Heights at Bayview, S ' 'n, LI" by the Planning Board, Town of Southold (marked Exhibit"A"). Said Victoria Drive as shown on said map is bounded on the South by Main Bayview Road and on the North by North Bayview Road and is 50 feet wide. Lots numbered 9, 10, 13, 14, 15, 16, 17, 18, 19 and 20 abut Victoria Drive on the West. Lot numbered 4, 5, 21, 22, 23, and 60 abut Victoria Drive on the East. 7. I have caused a search to be made of the records of the Suffolk County Clerk's records in Riverhead,New York, and find no such map Approximate subdivision of "Reydon Heights at Bayview Southold, LI" on file. 8. Since the map Approximate Subdivision of"Reydon Heights at Bayview Southold LI" is unfiled, case law was consulted to determine what rights property owners have to such streets shown on an unfiled map. 9. In a case titled In Re Lawrence Street in the City of New York, 136 N.Y.S.845 (Sup. Ct. Queens 1912), it was determined that"[a]n unfiled map of lots and unopened streets is ineffectual to create private easements of rights of way without proof of conveyance of one or more lots or blocks with reference to the map or the street thereon." 10. I have been provided with proof of conveyance of one or more lots or blocks with reference to the map or the street thereon that covers the following tax map (marked Exhibit"B") lots numbers bounded on the East by Victoria Drive 1000-78-9-55, 56, 57, 58, 59, 60, 62, and the following tax map lots numbers bounded on the West by Victoria Drive 1000-78-9-68, 71.2, 71.3, 73 (marked herein collectively as Exhibit"C"). It is also well settled that when an owner of property sells lots in reference to a map, in the absence of language to the contrary, the grantees are entitled to have the abutting land which is shown on the map as a street left open forever as a street or highway, whether or not it is accepted by the town or municipality as a public highway. Furthermore, in the absence of language to the contrary or express reservation, the conveyance of subdivision lots that abut upon a street as shown on a map, conveys the fee to the center of the street, subject to the rights of other lot owners and their invitees to use the entire area of the street for highway purposes. See, Warren's Weed New York Real Property Law, Matthew bender, 5`h Ed. 2009, Ch. 90.16[9]. 11. Based upon an examination of title and case law, owners of lots abutting Victoria Drive on the East and West shown on the unfiled map Approximate Subdivision of"Reydon Heights at Bayview Southold Lr' are entitled to have Victoria Drive left open as a street forever from Main Bayview on the south to North Bayview Road on the North. 12. Moreover, I have reviewed the following deeds made by Edward Nidds, making express grants of easements over Victoria Drive. The relevant grant language is set forth: L 3962 cp 79 Nidds to Nenning(1955) (covers lots identified on the Suffolk County Tax Map as tax lot 55, 56 and 57). The pertinent language: "Together with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive"from North Bayview Road...to the Main Bayview Road" L 6495 cp 570 Nidds to Hamilton(1969): (covers lots identified on the Suffolk County Tax Map as tax lot 71.002 and 071.003). The pertinent language: "Together with a right of way over said private roads known as ... "Victoria Drive". L 6494 cp 323 Nidds to Longworth(1969): (covers the lot identified on the Suffolk County Tax Map as tax lot 73). The pertinent language: "Together with a right of way over said private roads known as "Victoria Drive...... L 6541 cp 348 Nidds to Conrardy (1969): (covers the lot identified on the Suffolk County Tax Map as block 6, tax lot 7)The pertinent language: "Together with an easement or right of way ...northerly over Victoria Drive to North Bayview... " L 6034 cp 311 Nidds to Kraus(1966): (covers the lot identified on the Suffolk County Tax Map as block 6, tax lot 8) The pertinent language: "Together with a right to the use of a right of way... over said... "Victoria Drive". L5497 cp 588 Nidds to Flutter(1964): (covers, inter alia, the lot identified on the Suffolk County Tax Map as blk 6, tax lot 011.000). The pertinent language: "Together with a right of way over said 'Columbia Road'...and also over the proposed 50 foot highways to be known as `Victoria Drive', 'Summit Road', 'Colonial Road'and 'Ed's Road'. " L 4241 cp 203 Nidds to Pavacich(1956): ( covers the lot identified on the Suffolk County Tax Map as Blk 6, tax lot 019.000). The pertinent language: "Together with the right to the use, in common with others, of a right of way 50 foot wide over said 'Summit Drive'from the southeasterly corner of the premises northerly to said 'Liberty Lane', and thence westerly to a proposed highway to be known as 'Victoria Road', and thence northerly to 'North Bayview Road'. " 13. Each of these express grants is contained within deeds, which contain a general appurtenance clause such that the easement passes to subsequent owners of the property even if a subsequent deed omits express reference to the easement. See Will of Coates, 89 N.Y.2d 778 (1997). 14. Thus, upon an examination of title and law, the current owners of the above referenced tax lots numbers (and likely many other owners) have an express easement over the roadway Victoria Drive from Main Bayview Road through to North Bayview Road. 15. Further, based upon an examination of title and law, the easements referenced above are fifty feet in width. 16. Liability is limited to fees paid. THOMAS B. CAULFIELD Swo before me is day J 1 , 9 MA NOMI No 02P 62 24 wlbk Can i6*20 L COUNTY OF SUFFOLK) ) SS.: STATE OF NEW YORK ) THOMAS B. CAULFIELD, being duly sworn, deposes and says: 1. I reside at 51 Lakeview Drive, Riverhead,NY 11901. 2. 1 am the President and owner of SCTIC, Incorporated, a title abstract company. SCTIC, Incorporated has been an agent for Fidelity National Title Insurance Company since 1985. 3. I have been in the title business for more than thirty years. I hold a Master of Business Administration degree from Oklahoma City University. 4. I have been qualified as an expert witness in title matters by the Supreme Court in Suffolk County and Federal Bankruptcy Court. 5. I have been asked by Eileen A. Powers, Esq., on behalf of Reydon Heights Property Owners Association, for a determination of what rights owners of property shown on Approximate Subdivision of"Reydon Heights at Bayview, Southold, LP' have over Victoria drive as laid out on said map. 6. I was provided a copy of said map Approximate Subdivision of"Reydon Heights at Bayview,5outhan pten, LP' by the Planning Board, Town of Southold (marked Exhibit"A"). Said Victoria Drive as shown on said map is bounded on the South by Main Bayview Road and on the North by North Bayview Road and is 50 feet wide. Lots numbered 9, 10, 13, 14, 15, 16, 17, 18, 19 and 20 abut Victoria Drive on the West. Lot numbered 4, 5, 21, 22, 23, and 60 abut Victoria Drive on the East. 7. I have caused a search to be made of the records of the Suffolk County Clerk's records in Riverhead,New York, and find no such map Approximate subdivision of "Reydon Heights at Bayview Southold, LI" on file. 8. Since the map Approximate Subdivision of"Reydon Heights at Bayview Southold LI" is unfiled, case law was consulted to determine what rights property owners have to such streets shown on an unfiled map. 9. In a case titled In Re Lawrence Street in the City of New York, 136 N.Y.S.845 (Sup. Ct. Queens 1912), it was determined that "[a]n unfiled map of lots and unopened streets is ineffectual to create private easements of rights of way without proof of conveyance of one or more lots or blocks with reference to the map or the street thereon." 10. I have been provided with proof of conveyance of one or more lots or blocks with reference to the map or the street thereon that covers the following tax map (marked Exhibit `B") lots numbers bounded on the East by Victoria Drive 1000-78-9-55, 56, 57, 58, 59, 60, 62, and the following tax map lots numbers bounded on the West by Victoria Drive 1000-78-9-68, 71.2, 71.3, 73 (marked herein collectively as Exhibit"C"). It is also well settled that when an owner of property sells lots in reference to a map, in the absence of language to the contrary, the grantees are entitled to have the abutting land which is shown on the map as a street left open forever as a street or highway, whether or not it is accepted by the town or municipality as a public highway. Furthermore, in the absence of language to the contrary or express reservation, the conveyance of subdivision lots that abut upon a street as shown on a map, conveys the fee to the center of the street, subject to the rights of other lot owners and their invitees to use the entire area of the street for highway purposes. See, Warren's Weed New York Real Property Law, Matthew bender, 5`h Ed. 2009, Ch. 90.16[9]. 11. Based upon an examination of title and case law, owners of lots abutting Victoria Drive on the East and West shown on the unfiled map Approximate Subdivision of"Reydon Heights at Bayview Southold Lr' are entitled to have Victoria Drive left open as a street forever from Main Bayview on the south to North Bayview Road on the North. 12. Moreover, I have reviewed the following deeds made by Edward Nidds, making express grants of easements over Victoria Drive. The relevant grant language is set forth: L 3962 cp 79 Nidds to Nenning(1955) (covers lots identified on the Suffolk County Tax Map as tax lot 55, 56 and 57). The pertinent language: "Together with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive"from North Bayview Road...to the Main Bayview Road " L 6495 cp 570 Nidds to Hamilton (1969): (covers lots identified on the Suffolk County Tax Map as tax lot 71.002 and 071.003). The pertinent language: "Together with a right of way over said private roads known as ... "Victoria Drive". L 6494 cp 323 Nidds to Longworth(1969): (covers the lot identified on the Suffolk County Tax Map as tax lot 73). The pertinent language: "Together with a right of way over said private roads known as "Victoria Drive".... L 6541 cp 348 Nidds to Conrardy(1969): (covers the lot identified on the Suffolk County Tax Map as block 6, tax lot 7) The pertinent language: "Together with an easement or right of way ...northerly over Victoria Drive to North Bayview... " L 6034 cp 311 Nidds to Kraus(1966): (covers the lot identified on the Suffolk County Tax Map as block 6, tax lot 8) The pertinent language: "Together with a right to the use of a right of way... over said... "Victoria Drive". L5497 cp 588 Nidds to Hurter(1964): (covers, inter alia, the lot identified on the Suffolk CountyTax Map as blk 6, tax lot 011.000). The pertinent language: "Together with a right of way over said 'Columbia Road'...and also over the proposed 50 foot highways to be known as 'Pictoria Drive', 'Summit Road', 'Colonial Road'and 'Ed's Road'. " L 4241 cp 203 Nidds to Pavacich(1956): ( covers the lot identified on the Suffolk County Tax Map as Btk 6, tax lot 019.000). The pertinent language: "Together with the right to the use, in common with others, of a right of way 50 foot wide over said 'Summit Drive'from the southeasterly corner of the premises northerly to said `Liberty Lane', and thence westerly to a proposed highway to be known as `Victoria Road', and thence northerly to `North Bayview Road'. " 13. Each of these express grants is contained within deeds, which contain a general appurtenance clause such that the easement passes to subsequent owners of the property even if a subsequent deed omits express reference to the easement. See Will of Coates, 89 N.Y.2d 778 (1997). 14. Thus, upon an examination of title and law, the current owners of the above referenced tax lots numbers (and likely many other owners) have an express easement over the roadway Victoria Drive from Main Bayview Road through to North Bayview Road. 15. Further, based upon an examination of title and law, the easements referenced above are fifty feet in width. 16. 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F� eQ1 n y P Cab a' 11 K . 1¢ r _ oz — LS,_-L -5__ rZ IZ5 is Z _ •' 1• 2.1 q 9 b� 7r' 4v L Lt V O 1 9C 190 Z6 y 13 o a sz y y } b �f5 9 L 0 69 0 6 6' G r' Fp 160.0 •'� c 6 / 1 ' I •oer. < i o n 17 i ol _� 7,S r b Q ..-..ItO - 3,40io2'par'H.. 701;2B r [05,fp110 O 0 o r s i P I 0 10 m M, a A Oi I o, � la F _ ni N I •. V I IA Q ? 0 N 40 O 4n W n 3 NTlop -� L-- los uo Inl yr ..y t+ I 0 •�; IIS ;l0 z00 ret 2 0 n 0 9 0 N V •1 L ' E d ¢ I j , 2 - Z •I• n Xie IIT - I 4T - ha t. N644T'n. N.GO.064�i'W. "� ♦ _ I•d Ara:as SG o I. •ib ' --. .._ APPf?^`�IMAT� SIJG•gl�/ l.11QN Lj No'}� : La} Utr"I@tts10t1S - L51^1oWtt G1h': _��+roxilrtark� OF ' only qvid stl Fyz..� a�crl:tol U RCYGOf•3 HEKC H-T' " . 1M44Ml.\V1TS. . Ar BAYVIEW O = YtiQ rl Lltn P_tlt vO u T Hot--).I- 1 r e lata\� r•�Fr~_ - June 14. 19=kms ' RavisQ t M4y c5, l�5 0. oa 1 • : IC ,'= I„ ,✓;�P'.. '! :a . rl�,; APprelcilna?c SublivicionAcr.Z1,IDx" �"`"\ zxd 11:r. t-tieso LlCgttgAU .� � 11r•ve,j �r Aad'+t \. ao ICS ¢wic ..a t\ .•y�a,wt9 6e « e.\tourY�Nr w�'ery� S'ArE OF NEW YORK COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE REAL PROPERTY TAX SERVICE AGENCY PENNY WELLS LAVALLE MAI,CCIM,CCD AINS Advanced Real Estate Information System DIRECTOR SS: Fee $50.00 \ l Certification of Official Section Sheet I, l_ VAl-,L E of the Suffolk County Real Property Tax Service Agency, do hereby certify that I have compared the annexed with the original section sheet,being number 07P). 00 within the township of 'Jo V THO t_p , District No. �000 being a portion of the Suffolk County Tax Map being declared official on SIU r lE :-�O 1 2009 and prepared by this Agency, and that the same is a true copy thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Suffolk this -JO Tbk day, of J U iA C 12009. Signature: Title: Nciz— Resolution 752-76 10-31-76 Amended 4/82—Resolution 298 Amended 9/12/89 —Resolution #1842-89 Amended 4/15/03 —Resolution #161-03 300 Center Drive,Riverhead,New York 11901—3398 ' Phone: (631)852—1550; Main Far:(631)852-1566 Dmfting Fax:(631)852—2938 "DIAL 852-COPS—FOR NON-EMERGENCY POLICE CALLS IN SUFFOLK COUNTY" e I v 1 4$ ]x 39 10.11r r''° I.OdIC i I � .e SLEEPY HOLLOW 1112 n -/- i 3D �os]aT) 41, m1 6 ID.zz Io4 0 x 25 s LOa 32� 3J IDon ,< 103 "Il' 8 20 CFSSOM 2 o ID 21 �Y � 35 e 2 y l a- sou - ,r � 2 131 16 ' n w wx°f "V y x J\ v a ` SEE SEC.N0.077 In - E i zJ z< 1.141[1 . w e n rn y w y 1 >✓ °� - couNi. or 'n 1 i 16q � s.ta•.� s! - -- J sl 2J6 n G< r,. 2gIV3 1]qu12 SEE SEC.N0.076 - Y', `A l,A z J 10 6 eJ e e t 'rqc/ m, _ �21s9 20 I4.Jucl � A17.4 ttr] iJ - _. - .. ,..2u N 's\2 � J </ �y ( � � �� Jy ,8 % r J Kn zz• N e4rvlEw r„ ao. _ ____ mr \OL \\,r\v�/� 2]q /J ' .8 � 'b p J3 (r0m ¢1 e16 I]• 411 ` ° 43 SR am - ZSS '°, 2PA 1 v S@• yy' 326 z 2 'J ra '° 1.6410 LBA6tu \50x1e\ _ _ 9• 51\y 29 iJO s n 8$ 37rm AXr,Bk 39 0 in S 6 ° �.,yv g& I vas t\ 95n t m+ uJ s a 's Y Je e Jr ) _ \ms's x ; J '�Q p ox Z I a s1 k o P 5° I .1 rr 1 J20 y � 9P cl • ' 2 8 I � JS s zz O o f H\11 •v y 6 Z X55 .a 26 ,+ J96_ LIBEFiY L 6I ^ JJ r" � r 9 329 - 'v118 823,r ' I JJ U s0 ej y gad � yonlc\ .p.za ' y 255 0 ll45 �� to y S6 • \o e np x5 „ ° ^^ q,J.oa qJ' A/q,. � .salol j xIX .: 66 ]Ol y ° 653rn '♦.. 4 n > '"I v 3P IF 3 '� 92 rm 98 - JS J6 92$ e99 e 212 12IIel 8 `suWu 8 825n8 v r E8 59 8 112 �_ .- ]o? .. • Ae." .sey s '" fq0 q / ,I r� n, JZ JJ "q ,.,.° wr xz' ,o-ry rw � >m ' .N d6 y n V• \] O a6.J 2 I i`8 12 v 291 Ac. 22 ' y: 124,L.1 J2j I ' w a A v i 31 2A xy x O z llalcl y j3 i a 13 23 Y n I 9p2 � 60 x l2Ple\ '.4S.1i v 60 e' 6a x�13�,s " 1 s 4 y JS °o •1 s 198 eAY H e .rr Jo z• Y _ J3.J_' ].241u .`. 1<4!0 2.341u •$ � • 6B E05 N�. _� ,15 � j2 361.0 16 ./2 IS a 15Y ¢ ..52 61 8 6 N ql x 9B� 99f 1.141[1 Q ) 66 2 1 �p 5 AT', ••v}1 ]03' .el} ro42� 662 �4 1J 103 Vy' - 11 1 r. 10.Ix llv° 16A RD, x r + r w = _ MAI uve K MIS a - 12 „ •, s <� \il 6J - - f SEE SE[ NO.OBLI"o \5S 69 � n ,ire 0 n " COUNT E �..,ih — v Y OF SUFFOLK © E o.NOE SOUTHGLD 1 " 2 11 �� Rea P ,pert 1,z Sery c A ency Y -- E s..: z3 , - o as. a o x oN o o/' County Le tery Rmernead,0 Ye 11991 vuwE u -/R y D ° ,e° 121 dm lz4 __� °v.V,.aAI -n _. z S - silo�llr 1[u: M -.. �. � V u� e pa N tz.t eml —__ ee,°�e,r. -.. .ecu s�L..�w __ oE4l wonls., °.vu,FE ee6No. WSC p .,. Dmrnnw PRDPERiY MAP ,1N1101i0R DITE: .e-.11.llle I r I W- CA*D STREET �� VILLA6 el DIST. SUB. LOT _I 1E'RMINE& +52s`"tl�Donri(. N c E •Q. A R. �. S w 1zYPE OF BUILDING tS SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS __. L 52,4 01T _- s 1.5 05 �y / J" /C ' N eo H r N ry 4n S �� i wn w H m c� 02 0-el 0 o? 6 0 0 1/ -1/-, /li f b 2- a �0 %2 o o ✓ /W7 L 4 4' A " o %CA l9 au.At, 47) Lou l c e zim 0-0 v QrT7 et ,r 3/1�O.S -� z -L 1675 - )np t ,-I�erey+z) Mo el -4;reehom. i -L ileg51 - 1�cS h%r f �. Sic 00/do Z/ . FARM Acre Value Per Value Acre ` 7 3 S L 11-7334 5-4,� - M a Id a �" Ip 137— 183, 7J47- h �i` If�'QOc 4,1 a Q3 P s ifns t Li ttera-hoes iJ(i t3 �aomd >,xttrr rusflaQ p louse 1 �7� \/ /8 S-lo ✓ otal . u(zo(KK;T SECTION (BLOCK ® WJ 17 2t` ^ 20 v THIS DEED, made 02/24/94, between Demetri Jones, Esq. , 400 Townline Road, Hauppauge, New York, as Referee duly appointed in the action hereinafter mentioned, grantor and Arcs Mortgage, Inc. , 26541 Agoura Road, Calabasas, CA 91302-1958, grantee. WITNESSETH, that the grantor, the Referee appointed }n an action \ between Arcs Mortgage, Inc. , plaintiff, and Michael V. Martin, et al. , defendant foreclosing a mortgage recorded on 10/10/90, in the Office of the Register or Clerk of the County of Suffolk, in Reel, or Liber 16334 of Mortgages, at page 562 , in pursuance of a judgment entered at an IAS Term, Part XXXII of the Supreme Court, Suffolk County under Supreme Court Index No. 12934/92, on 12/02/93, and in consideration of $50. 00, paid by the grantee, being the highest sum bid at the sale under said judgment, does hereby grant and convey unto the grantee, ALL that certain plot, piece or parcel of land, situate, lying and being at Bay View, Near Southhold, Town of Southhold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a concrete monument on the westerly side of a private road known as "Victoria Drive" which point is South 25 degrees 19 minutes 50 seconds west a distance of 400 feet from the intersection formed by the westerly side of "Victoria Drive" with the southerly side of North Bayview Road (and which point is the northeasterly corner of the premises herein described and the southeasterly corner of land now or formerly of Gritz) ; from said point of beginning; RUNNING THENCE along the northwesterly side of "Victoria Drive" south 45 degrees 29 minutes 50 seconds west a distance of 110 feet; THENCE north 71 degrees 11 minutes 20 seconds west a distance of 161 .35 feet to land now or formerly of South Parish Realty Company; THENCE along said land of South Parish Realty Company, north 25 degrees 19 minutes 50 seconds east a distance of 95 feet to said land of Gritz; THENCE along said land of Gritz, south 72 degrees 18 minutes 10 seconds east a distance of 200 feet to the point or place of BEGINNING. Said premises being known as and by the street number: 1075 Victoria Drive, Southold, New York. TO HAVE AND TO HOLD the premises herein granted unto the grantee, his or her successors and assigns forever (Whenever the text hereof requires, the singular number as used herein shall include the plural and .all genders. ) IN WITNESS WHEREOF, the grantor has hereunto set his hand and seal the date first above written. De1etri Jones REFEREE j/ 116'x! STATE OF NEW YORRr COUNTY OF Suffolk as. : On 02/24/94, before me came Demetri Jones, to me known and known to me to be the individual described in, and who executed the foregoing instrument and acknowledged to me that he executed the same. Q�NOTARY PUBLIC WILFRED G.ROMANO Notary Public,State of New York No.02ROB0y118766 Qualified ('ommissionExpires Oetober County 19 Cry 17��►-+-c-�- l000 Se-e�ton olFsoo -� o N is STRICT (�( SECTION (�HaA LOT r O O EMMS IE ® Ll_1J 0 12 17 21 20 BARGAIN AND SALE DEED THIS INDENTURE, made the day of 1995, BETWEEN HENRY CISNEROS, Secretary Of Housing and Urban Development, of Washington, D.C., acting by and through the Federal Housing Commissioner, party of the first part, and ANNE MCDONALD, 450 Private Road #17, Southold, New York, parry of the second part, WITNESSETH: That the party of the first part, in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, and to the heirs, distributees and assigns of said party of the second part, forever, ALL that certain plot, piece or parcel of land, situate, lying and being SEE SCHEDULE A ATTACHED HERETO. SAID PREMISES also known as and by the street address: 1075 Victoria Drive, Southold, New York. r DISTRICT: loco SECTION: 1% BLOCK: ' { LOT: SS COUNTY: 5ufF*Lk BEING the same premises acquired by deed from ARCS MORTGAGE, INC., dated 5/12/94, recorded 6/16/94 in Liber 11681 page 516. BEING the same property acquired by the party of the first part pursuant to the provisions of the National Housing Act, as amended (12 U.S.C. 1701 et seq.) and the Department of Housing and Urban Development Act (79 Stat. 667), TOGETHER WITH all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER WITH the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, and to the heirs, distributees and assigns of the said party of the second part forever. SUBJECT TO ALL covenants, restrictions, reservations, easements, conditions and rights appearing of record; and SUBJECT to any state of facts an accurate survey would show. AND THE party of the first part covenants that he has not done or suffered anything whereby the said premises have been incumbered in any way whatsoever, except as aforesaid. RECORDE9 17 1995 ,MOF OSUFFOLK00UN ,' { : 11733N546 FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. 2012578 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Bay View, near Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a concrete monument on the westerly side of a private road known as "Victoria Drive" which point is South 25 degrees 29 minutes 50 seconds West a distance of 400 feet from the intersection formed by the westerly side Of "Victoria Drive" with the southerly side of North Bayview Road (and which point is the northeasterly corner of the premises herein described and the southeasterly corner of land now or formerly of Gritz); from said point of beginning; RUNNING THENCE along the northwesterly side of "Victoria Drive" South 45 i degrees 29 minutes 50 seconds West a distance of 110 feet; K J THENCE North 71 degrees i l minutes 20 seconds West a distance of 161.35 feet to Map of Highwood Map No. 5547, and land now or formerly of South Parish Realty Company; THENCE along said land,North 25 degrees 19 minutes 50 seconds East a distance of 95 feet to said land of Gritz; THENCE along said land of Gritz, South 72 degrees 18 minutes 10 seconds East a distance of 200 feet to the point or place of BEGINNING. r r i. t ht���t list PvFo 1(4 53 Standard N.YB.T.N.Form 8002' -Bargain and Sale Deed.with covenant against Grantoi&Acts—Individual or Corporation(Single Sheet) r CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the12Lh day of MAY 19 94 ���JJJJ BETWEEN ARCS MORTGAGE, INC. 26541 AGOURA ROAD CALABASAS, CA 91302-1958 015® 12 ®ION ®LOC® ,_,�, LOT Fr_r party of the first part. and Iu��`l'�yr{ 41 SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 7th STREET S.W. WASHINGTON D.C. 20410 party of the second part, WITNESSETH,that the party of the first part, in consideration of dollars paid by the party of the second part,does hereby grant anal release unto the party of lite second part, the heirs or successors and assigns of the party of the second part forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bay View, Near Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING: at a point marked by a concrete monument on the westerly side of a private road known as 'Victoria Drive' which point is South 25 degrees 19 minute 50 seconds Wdst a distance of 400 feet from the intersection formed by the weste side of 'Victoria Drive' with the southerly side of North Bayview Road (and whic point is the northeasterly corner of the premises herein described and the southeasterly corner of land now or formerly of Gritz) ; from said point of begin RUNNING THENCE along the northwesterly side of "Victoria Drive' South 45 degrees 29 minutes 50 seconds West a distance of 110 feet; THENCE North 71 degrees 11 minutes 20 seconds West a distance of 161.35 feet to now or formerly of South Parish Realty Company; THENCE along said land of South Parish Realty Company, North 25 degrees 19 minut 50 seconds East a distance of 95 feet to said land of Gritz-, THENCE along said land of Gritz, South 72 degrees 18 minutes 10 seconds East a distance of 200 feet to the point or place of BEGINNING. SAID premises known as and by street number: 1075 Victoria Drive, Southold, NY. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as S trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the Improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written ARCS 1 TGAGE, IT IN PRESEN E OF: BY i KATHLEEN JAMAL, SSISTANT VICE PRES € SA KING Standard N.Y.B.T.U. Foan 8010 Executor's Deed—Individual or Corporation. NSULT O WYER SWORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY � 1 8P9489 THIS INDENTM,made the �m day of Jr('!.1`e+G cr/? , nineteen hundred and ninety BETWEEN JOHN A. HEIDENGREN, residing at 511 North Chester Road, Swarthmore, Pennsylvania 19081 f / d rr- a, as executor of the last will and testament of LOUISE H. BABCOCK , late of Suffolk County .deceased, party of the first part, and 'r MICHAEL V. MARTIN and DEAtUp,,kt. MARTIN,phk.*�Hrife, botIR1.Miding at MaIQTRoad, Southold, New York 11971 TRICT LLW 0 TION party of the second part, .00 WITNESSETH,that the party of the first part,by virtue of the power and authority given in and by said last CK will and testament, and in consideration of ------ONE HUNDRED EIGHTEEN THOUSAND AND 00/100------- 00 --------------------------($118,000.00)---------------------------------- dollars, PION lawful money of the United States, paid by the party of the 000 second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, %%to p ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 4a�r•ae•` lying and being icK i x at Bay View, near Southold, Town of Southold, County of �0-57-qD Suffolk, State of New York, bounded and described as follows: BEGINNING at a point marked by a concrete monument on the westerly line of ,l a private road known as "Victoria Drive", which point is South 25e 19' 50" West, a distance of 400.00 feet from the intersection formed by the westerly line of "Victoria Drive" with the southerly line of North Bayview Road (and which point is the northeasterly corner of the premises herein described and \�1�\ the southeasterly corner of land now or formerly of Gritz); from said point of beginning RUNNING along the northwesterly line of "Victoria Drive", South 45 degrees 1^ 1 29 minutes 50 seconds West, a distance of 110.0 feet; THENCE North 71 degrees 11 minutes 20 seconds West a distance of 161.35 feet to land now or formerly of South Parish Realty Company; THENCE along said land of South Parish Realty Company, North 25 degrees 19 minutes 50 seconds East, a distance of 95.0 feet to said land of Gritz; THENCE along said land of Gritz, South 72 degrees 18 minutes 10 seconds East, a distance of 200.00 feet to the point or place of beginning. TOGETHER with the right to the use, in common with others, of a strip of land 50 feet in width as an easement to Corey Creek, said strip of land being bounded _ on the east by land of Edson and on the west by land of Toedter and Dickinson. Recorded in the Suffolk County Clerk's Office in Liber 5605 of Deeds at page J 494. BEING AND INTENDED TO BE the same premises of which Louise H. Babcock died seized and possessed on April 22, 1989 a resident of Suffolk County. ECEIVED $ REAL SATE/ RECORDEDocr io sm ��°r, OW" 90 j :� ll TRANSFER TAX Q SUFFOLK —co NIY____. .�......................v....w�w yw.nun puy.r air,) + CDNHkT TQQX LAWYM a10NIN0 THIS IMTRUMD r—TM IMTtuMEM$Not o gs us®gr LAWyM ON • 110514 50 a��u No CtYns i der TM INDEN XM%made the 19th✓6ay of November 10 tteceen land Oh'lighty-sever at ion 18ETW►REN LOUISE H. BABCOCK, residing at/Victoria Drive, Southold, New York 175 party of the first part, and CHARLES BABC K, residing at/V ictoria Drive, South �O1 New York 0 l I bl j Iql Lji7 r ! 17 21 party of the second part+ ild s= of t¢efirst Park in Consideration of tea dollars and other vab=Ne aoadaation or successors and of theme does hereby grant and release unto the party of the second park the helm assign, party of the second part forever. ALL that certain plot, pica or parol of land, with the butidinps and improvements thereon erected, aitusiq lying and beingUftu at Bay View, near Southold, Town of Southold, County o Suffolk, State of New York, bounded and described as follows: BEGINNING at a point marked by a concrete monument on the westerl line of a private road known as "Victoria Drive" , which point is Sout 250 19 50 West, a distance of 400.0 feet from the intersection formed by the westerly line of "Victoria Drive" with the southerly line of North Bayview Road (and which point is the northeasterly corner of the premises herein described and the southeasterly corner of land now or formerly of Gritz) ; from said point of beginning running along the northwesterly line of "Victoria Drive" , South 450 29" 50 ' West, a distance of 110. 0 feet; running THENCE North 710 11" 20' West a distance of 161.35 feet to land now or formerly of. South Parish Realty Company; running THENCE along said land of South Parish Realty Company, North :250 19" 50 ' East, a distance of 95.0 feet to said land of Gritz; running THENCE along said land of Gritz, South 720 18" 10 ' East, a distance of 200. 0 feet to the point or place of beginning. • R ' .4 REAL ET74 . 1L JAN is 1538 TRANSFER TAX TAX MAP SUFFOLK rESIGNATION L000 178 . 00 TOGETHER with all right, title and interesk if an f the `�. y, of of the first part in and to say streets and )9. 00 roads abutting the above described premises to the anter lines thereof; TOGETHER with the appurtenances kand all the estate and riefts of the party of the first part in and to saidpprr� nises; TO HAVX AND TO HOLD the premises herein granted unto the party of the second part, the h . a or successors and assigns of 155. 000 the party of the second part forever. �a �1 ^ AND the party.of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of .! #. the first part will receive the consideration for this conveyance and will hold the right to receive such cousid- ^` r eration as a trust fund to be applied first for the purpose of pa ' e jos;of the. rovement and will apply the same first to the f f th p any other purpose. payment o the coat of the improMef &, ;p,gay.ghjt o e total of the same for 1l The word "party" shall be construed as if it read"pari])ta'S. benevel',:tfe 4cnsd of-'this indenture so requires. ✓✓ IN WITNESS WHEREOF the rt of the first " .cil JI written., + party part has duCq executed t�u deed the day and year first above Ix r ex I RECO is t98 1ULIETTE A. KINSELLA ! - Clerk of Suffolk County , n LOUISE H. BABCOCK _ .y�. s.w.en.x.e. meoor.io.er-:aN-o,.v:.,.asa my.,.,.,..�. .e..................... ._.• . N-19�+}' COwseaT TOea aAWsw va, a5 SIO,aNO 1'NK,Mi11YMHR—iM15 MYRUMEW"coos M USM YY LLWY®e5 ONLY. GuflraitteHd 1�g 15605 PA61494 U.S.1.a. 28(..,12A__ , Title THM wpENTURp made the 021lf� day of August ,nineaem huvdrad and Sixty-four, #07-19183 BErAM N JOSEPHINE H. NENNING, residing at 5 Amber Lane, Levittown, Long Island, New York, 13 t pparty of the first part,and i_ VIOLET H. SCHGNANN , residing at 132-57 Sanford Avenue. Flushing, Long Island, New York, "i party of the second part, a Wfl'NF.gWM,that the party of the first part,in consideration of 0 4 _ EN _ '- dollars,. lawful money of the United Sates,and other good and valuable consideration paid by the party of the secund part,does hereby grant and release unto the party of the second part,the heirs or svccusora and assigns of the party of the second part forever, A� ALL that certain Plot, piece or parcel of land, with the buildings and improvements thereon ereoted, situate, lying and being at Bay View, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows. BEGINNING at a point marked by a concrete monument on the west- erly line of a private road known as "Victoria Drive", which point is South 25 degrees 19 minutes 50 seconds West, a distance of 400.0 feet from the intersection formed by the westerly line of "Victoria Drive" with the southerly line of North Bayview Road (and which point is the northeasterly corner of the premises herein described and the southeasterly corner of land now or formerly of Gritz); from said point of beginning running along the northwesterly line ofaVietoria Drive" South 45 degrees 29 minutes 50 seconds West a distance of 110.0 feet; running thence North 71 degrees 11 minutes 20 seconds West a distance of 161.35 Peet; to land now or formerly of South Parish Realty Company; running thence along said land of South Parish Realty Company, North 25 degrees 19 minutes 50 seconds aaloongasaiddtland of Gritz,e of 95.0 feet South 72id land of deg degrees 18minutes10 secondsCe Fest a diatence of 200.0 feet to the point or place of beginning. TOGETHER with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive" from North Bayview Road southerly along said land of Gritz and along the promises herein described to the southeasterly corner _ f t thereof; tnce othe southeasterly and.than again southerly along land o TOGIMEER with the right to the vee, in common with others, of a strip of land 50 feet in width as an easement to Corey Crdek, said strip t ib po lo land �T ng bounded on the easeat by land of Fdaon and on the • � �^ MY—Y9Nlu4�,as E/ l it.f asks: r/ tw3962 euf 79 p';':: •4-p TM EYDE MME.made the 22nd dry of August, ,mortem Mmdred and fifty-five WrWFEN MMARD MM, residing at Southold, Suffolk County, ' -- New York, i 1 II party of the firrt part,WwdLL GSORGY,/y1(`RRNNIRG and JOMWRM L IMMING, his wife, ii as tenants by the entirety, both IIresiding at X'Amber Lane, Levittown, Neaaau 00=ty, New York, yIparty of the second part, P WITNESSETH,that the party of the first put,in c,toidmation of !; - - - - - - - - - - - TEN ($10.) - - - - - - - - - - - - - - doNam, is !I Iawfideomeyofthe United Sutes,and other good and valuable consideration, paid i' by the party of the seeond part,don hereby grant and miease onto the party of the second part,the hero or weeeaean and assign of the party of the second part fon , ' �I ALL that certain tract or parcel of land, situate, lying and being at Bawiew, near Southold, in the Town of Southold, County of Suffolk and State of Now York$ bounded and described as follows;_ BEGINNING at a montmtont sot on the boundary line between land now or formerly of Mary Lo Dayton and land of the party of the first parts 400.0 feet northerly along said boundary line from the Main Bayview Road$ being the northwesterly corner of land of Charles - Colombo; running thence along said land now or formerly of Dayton, North 25 degrees 19 minutes 50 seconds East a distance of 595.82 . feet to a stake at the southwesterly corner of land of Grits; 'running theme along said land of Gritz, South 72 degrees 18_minutes,lo seconds.East s distance. of 200.0 feet to a monument at the south- easterly corner thereof, being on the westerly line of a proposed ' highway to be known as "Victoria Road," 400.0 feet southerly along said westerly line. from the North Bayview Road, running theme along said westerly line of "Victoria Road,P 2 courses, as follows (1) South 45 degrees 29 minutes 50 seconds West a distance of 140.82 feet; thence (2) South 25 degrees 19 minutes 50 seconds west a dis- Ceaoe of 500.0 feet to monnsaotnt at the northeasterly corner of said BEh0dur PAGE Olt _ • • -- -- -- . land•of Colombo; running thonoe along said land of Colombo North 60 ,degrees 55 minutes 30 seconds West a distance of 150.0 feet to the_ 7point of beginning. ! , Smndvd N.1".4.T.L'. corm &F/-2UM —4arxain and Sale DtM.viih rnacmms aRa mt Gran roe's Ana—Individual ur em pnatiun. j,m k,hent CONSULT YOUR'LAWYER aEFORE SIONINO THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED ET LAWYERS ONLY THIS INDENTURE, made the /31k day of May nineteen hundred and ninety—seven BETWEEN Anne McDonald 450 Private Road #17 Southold, NY 11971 DISTRICT SECTION BLOCK LOT party of the first part, and Barbara J. McLaughlin 66 Sandy Court Riverhead, NY 11901 party of the second part, WITNESSETH, that the party of the first part, in consideration 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, the heirs or successorstand assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being Ott at Bay View, Near Southold, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: ist. 1000 BEGINNING at a point marked by a concrete monument on the westerly side of a priva road known as "Victoria Drive" which point is South 25 degrees 29 minutes ec. 078.00 50 seconds W11st a distance of 400 feet from the intersection formed by the westerl side of "Victoria Drive" with the southerly side of North Bayview Road (and which lk. 09.00 point is the northeasterly corner of the premises herein described and the southeasterly corner of land now or formerly of Gritz) and from said point of Dt beginning; 55.000 RUNNING THENCE along the northwesterly side of "Victoria Drive", South 45 degrees 29 minutes 50 seconds West a distance of 110 feet; THENCE North 71 degrees 11 minutes 20 seconds West a distance of 161.35 feet to Map of Highwood, Map No. 5547 and land now or formerly of South Parish Realty Company; THENCE along said land, North 25 degrees 19 minutes 50 seconds East a distance of 95 feet to said land of Gritz; THENCE along said land of Gritz, South 72 degrees 18 minutes 10 seconds East a distance of 200 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed by Deed dated 7/3/95, recorded 7/17/95 in Liber 11733 cp 546 in the Suffolk County Clerk's Office. TOGETHER with all right, title and interest, if any, of the party of the first part in and to anv streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: l Anne &McDonald - 40)4" [661 :98 AVN �AIlAAwttf . E" ub 11832 K747 1 W 91 m,AY 28 F1112t 05 Vumber of pages }/ "77 TORRENS uSUFFOLK COUIITY Serial#Certificate# Prior Ctf.# 36661 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee C1 t_ Mortgage Amt. Handling .— 1. Basic Tax TP-584 6 ._ 2. Additional Tax Notation Sub Total EA-5217(County) +� Sub Total _ .— SpecJAssit. or EA-5217(State) �.� ._ Spec./Add. R.P.T.S.A. �'�. �7ra TOT.MTG.TAX Comm.of Ed. 5 . 00 a, Dual Town Dual County Held for Apportionment Affidavit �.� + Transfer Tax .= Mansion Tax Certified COPY T itT �� The property covered by this mortgage is or Reg.Copy �'. will be improved by a one or two family Sub Total tt / dwelling only. YES or NO #Other �—(� GRAND TOTAL ._ If NO, see appropriate tax clause on page of this instrument. Fate ) Real Property Tax Service Agency Verification 6Title Company Information Dist. Section Block Lot Chicago Title Insurance Company 1000 078.00 09.00 055.000 Company Name 9708-00935 Title Number 8 FEE PAID BY. LKelly ulme, Esq. Cash Check Charge lme, P.C.oad Payer sameas R&nt (or if different) n Beach, NY 11978 NAME: ADDRESS: RECORD& RETURN TO (ADDRESS) 9Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) Anne McDonald The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Barbara J. McLaughlin In the VILLAGE or HAMLET of Southold l BOXES.5 THRU l 9 MUST BE TYPED OR PRINTED IN BLACK-INK ONLY PRIOR TO RECORDING OR FILING. A iM100If10QfJ0*j= 2661 .89 dVN uoiwunaa Swnd.ld N 1Irl 1:. Ion. Ma1Y-20M —poegain and Sale !Red,wil11(inemnu ag;+nn(:nnmrY Acu—Indi cidual m-Gnym alio... !single ih¢t) CONSULT YOUR'LAWYEC BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the J 31k day of May nineteen hundred and ninety—seven BETWEEN Anne McDonald + I� 450 Private Road #17 Southold, NY 11971 ' '74 party of the first part,and Barbara J. McLaughlin 66 Sandy Court Riverhead, NY 11901 party of the second part, WITNESSETH, that the party of the first part, in consideration 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, the heirs or successorsland assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being imdm at Bay View, Near Southold, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: Lst. 1.000 BEGINNING at a point marked by a concrete monument on the westerly side of a priva road known as "Victoria Drive" which point is South 25 degrees 29 minutes ac. 078.00 50 seconds Wfrst a distance of 400 feet from the intersection formed by the westerl side of "Victoria Drive" with the southerly side of North Bayview Road (and which Lk. 09.00 point is the northeasterly corner of the premises herein described and the southeasterly corner of land now or formerly of Gritz) and from said point of of beginning; 55.000 RUNNING THENCE along the northwesterly side of "Victoria Drive", South 45 degrees 29 minutes 50 seconds West a distance of 110 feet; THENCE North 71 degrees 11 minutes 20 seconds West a distance of 161.35 feet to Map of Highwood, Map No. 5547 and land now or formerly of South Parish Realty Company; THENCE along said land, North 25 degrees 19 minutes 50 seconds East a distance of 95 feet to said land of Gritz; THENCE along said land of Gritz, South 72 degrees 18 minutes 10 seconds East a distance of 200 feet to the point or place of BEGINNING. BEING AND INTENDED TO ,BE the same premises conveyed by Deed dated 7/3/95, recorded 7/17/95 in Liber 11733 cp 546 in the Suffolk County Clerk's Office. TOGETHER with all right, title and interest, if any, of the party of the first part in and to anv streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except a, aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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 indentpre 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: 4AnnXeJM5Dona&1d AllM1QJH7pyMSo)QJ D 1661 :89 AVW /'�rl�lAAAI■ ■ I ❑2 0 11832 PC`747 FIECE� ED 91 MM 28 F1112: 05 } $___-----o- ATE Vumber of pages REAL EaG` TORRENS MAY 2819.9�i SUFFOLK COUNTY Serial# tRANSFERTAX SUFFOLK Certificate# OOUNV Prior Ctf.# 36661 Deed/Mortgage Instrument Dced/Mortgage Tax Stamp Recording/Filing Stamps ,41 FEES Page/Filing Fee _L._t— Mortgage Amt Handling _L_•— 1. Basic Tax TP-584 _._ 2. Additional Tax — NotationSub Total _ EA-5217 (County) —�- Sub Total •_ Spec./Assit or EA-5217(State) i b� •_ Spec./Add. -�, �SI TOT.MTG.TAX R.P.T.S.A. �y � '— Dual Town Dual County Comm.of Ed. 5 • 00 s Held for Apportionment Affidavit + Transfer Tax 1 . Mansion Tax Certified Co T ��✓��� _ py The property covered by this mortgage is or 1 /r will be improved by a one or two family Reg.Copy Ft"! dwelling only. Sub Total — y-S or NO Other L If NO, see appropriate tax clause on page # GRAND TOTAL.— of this instrument. pPO Real Property Tax Service Agency Verification 6" Title Company Information n Dist. Section Block Lot Chicago Title Insurance Company S 1000 078.00 09.00 055.000 Company Name 9708-00935 to Title Number Inival� 8' FEE PAID BY. James N. Hulme, Esq. Cash Check `J� Charge Kelly & Hulme, P.C. Payer same as R&R 323 Mill Road (or if different) Westhampton Beach, NY 11978 NAME: ADDRESS: / RECORD& RETURN TO 7 (ADDRESS) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) Anne McDonald The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Barbara J. McLaughlin In the VILLAGE orRAMLETof Southold BOXES.5 THRU 9 MUST BE TYPED OR PRINTER IN BLACK-04K ONLY PRIOR TO RECORDING OR FILING. �xa,ei.aas�ts ��X10iifIBd0AH3b ifi61 .8$ ,(7W /f+"lAd gww..r. . TOWN OF SOUTNOLD PROPERTY RECORD CARD OWER STREET O/ VILLAGE DIST. SUB. LOT t$MER OWNEjt N E ACR. ri S ^�y TYPE OF BUILDING b aLl-ut .ES, SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 53&�D 54 o-0 v 3/1 z 1 9 SthHlN NOn� f/✓. a�nSewSe4WF -�-� t7D o"2. D iT .SDId•�/..�606,� /19 .T/{Syahw',wes&Jw9-T- J l , G/.s//dziP �2/+Y y'5 1�.f� /s<5/$.� Ca»s,�'h h ee✓ a�w�// �/o �'�9aa o l/ AGE BUILDING CONDITION 7/3o/9,7 5 NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre -illable 1 -illable 2 "illable 3 Voodland wampland FRONTAGE ON WATER Srushland FRONTAGE ON ROAD -louse Plot DEPTH Igo, A v" BULKHEAD otal DOCK wCa2 n mannas N.I.Is.I.U.For� Bargiiih hg SAla t5eed.v iilit:o4ehinr ass arror s Acn—Indi.idual or Corporation(single sheet) l � CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT'=THIS INSTRUMENT SHOULD BE USED BY LAWYERS O Lie,A6326^OM9 21034 THIS INDENTURE,made the t{-r14 day of Jamntrerryy nineteen hundred and eighty—three BETWEEN JAMES N. JOHNSON, SR, and VIVIAN JOHNSON, his wife, both residing at 2313 Fowler Street, North Bellmore, New York MSTRICT SECTION BLOCK LOT SLOT EE � l tot L�.1:�J L,1-R 3 party of the first part, and 12 17 21 28 THOMAS W. WALL and DOROTHY E. WALL, his wife, both residing at 1930 Jones Avenue North, Wantagh, New York party of the second part, WITNESSETH,that the party.of the first ppaartrt,,in consideration 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, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or pared of land, with the buildings and improvements thereon erected, situate, lying and being mahm at Bay View, near Southold,in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING .at a point .marked by an iron pipe on the westerly side of a private ro. known as "Victoria Drive", distant 510 feet southerly,as measured along the west side of the said Victoria Drive from the intersection of the southerly side of N, rgoa O Bayview Road and the westerly side of Victoria Drive; said point of beginning be D 7Q'd O and intended. to be, the northeasterly corner of the premises herein described an, c 9 0 Isoutheasterly corner of premises heretofore conveyed to Charles Babcock and Loui; Babcock, his wife, under Liber 6423 cp 226; running THENCE South 45 degrees 29' . &%"4"D West and along the westerly side of Victoria Drive a distance of 30.82 feet to a monument; running THENCE South 25 degrees 19' 50" West, and still along the west( side of Victoria Drive,a distance of 70.00 feet to landrof Dahl;running THENCE a: $ y� said land of Dahl,North 64 degrees 40' 10" West,a distance of 149.68 feet,more o: less,to land now or formerly of South Parish Realty Company;running THENCE along land of South Parish Realty Company, North 25 degrees 19' 50" East,a distance of 80.62 feet to land of Babcock; 'running THENCE along said land of Babe6ck,South F degrees 11' 20" East a distance of 161.35 feet to the westerly side of Victoria 1 at the point or place of BEGINNING. SUBJECT to covenants and restrictions of record. SUBJECT to any state of facts an accurate survey.may show. The grantors herein are the grantees in deed dated July 14, 1969 and recorded ` September 11, 1969 in Liber 6621 ep 93. TOGETHER with a right-to the use, in common with others, of a right of way over st proposed highway to be known as "Victoria Drive" from North Bayview Road southerli along said land of Gritz and along the premises herein described to the southeast; corner thereof; thence southeasterly and then again southerly along land of Nidds the Main Bayview Road; TOGETHER with the right to the use, in common with others, of a strip of land 50 1 TOGETHER with all right, title and interest, if any, of the party.of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. in width as as .easement to Corey Creek, said strip of land being bounded on the eagb t}Se party o�ihe�irst part and that the st party of the first part of ;r and Dickinson. has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the.first part will receive the consideration for this conveyance and will hold the right;to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first.part has duly executed this deed the day and year first above N written. IN PRESENCh OV, ,• a..�'C� S N. J H(1 OWN, SR. •L.S �'���__ Y/!•'`!i�lf/ �t�liJl�rr'r� t L.S VIVIAN JO9430N ARRIUr, J. FELICE RECORDED VA9 11 igRd Clark Of Suffilk fnnnty VStandard N.Y.B.I.U.Form 800,•3-�f—Batgain and Sale Deed. with Cveemnt again Ctansvoes—Individual pAGf' 9� r{ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. J(, THIS INDENTURE, made the /LI r'day of July , nineteen hundred and sixty—nine �7 BES VIOLET H. SCHUMANN, residing at 111 S.W. Third Court, OR3 Boynton Beach, Florida 33435 No. M� -554 N. party of the first part, and JAMES(JOHNSON, SR, and VIVIAN JOHNSON, his wife, both residing at 2313 Fowler Street, North Bellmore, New York REAL ESTATE ✓ STATE OF } u= TRANSFER TAXV a;Y^tJEW :YORK j *' w- arq TBXBt100 SEPI 1'64 '�'3. U 5 * :T. 47o &F .as to PaJ109,45 u� party of the second part, 1„t) WITNrEfH, that the party of the first part in consideration of X - (- - - - - - TEN ($10..00) - - - - - - - - dollars, lawful money of the United States, and other good and valuable eonsideration,paid J by the party of thesecond part, does hereby grant and release unto the party of the second part, the heirs or q successors and assigns of the party of the second part forever, r ALL that certain plot, piece or parcel of land, 8a situate, lying and being it at Bay View, near Southold, in the Town of Southold, County of Suffolk and. State of New .York, bounded and described as follows: - as hereinafter set forth: of rivate road known as "Victoria Drive", (which paint' is' Northe rly corner of the premises herein described a South- easterly c er of premises heretofore conveyed by ephine K. Nenning to V t H. Schumann (Liber 5605 cp 49 and which point is South 45 deg s 29 minutes 50 seconds We. _ a distance of 110.0 feet from a point ked by a concrete m ent and land of Gritz) ; RUNNING THENCE alo the Westerly ' e of "Victoria Drive", South 45 degrees 29 minutes 5 conds W a distance of 30.82 feet to a point marked by a monument; RUNNING THENCE South 25 de s 19 minutes 50 seconds West a distance of 70. 0 feet to 1 of re Dahl; RUNNING THENCE alon id land of 1. North 64 degrees 40 minutes 10 seconds West, a tance of 150 feet, re or less, to land now or formerly of So Parish Realty Company; RUNNING T '- along said land of South Par Realty Company, North 25 de ees 19 minutes 50 seconds East, a dis ce of 80. 62 ' feet to d of Violet H. Schumann; R NG THENCE along said land of Violet H. Schumann, h 71 d . rees 11 minutes 20 seconds West, . a distance of 161.35. feet`. the TOGETHER with a right to the use, in common with others, of a right of way over said proposed highway to be known as "Victoria Drive" from North Bayview Road southerly along said land of Gritz and along the premises herein described to the southeasterly corner thereof; thence southeasterly and then again southerly along land of Nidds to the Main Bayview Road. TOGETHER with the right to the use, in common with others, of a strip of land 50 feet in width as an easement to Corey Creek, said strip of land being bounded on the east by land of Edson and on the west by land of Toedter and Dickinson. LIFE°66 1 PAGE 94 . Said premises herein conveyed being bounded and described as follows! BEGINNING at a point marked by an iron pipe on the westerly side of a private road known as "Victoria Drive", distant 510 feet southerly, as measured along the westerly side of the said Victoria Drive from the intersection of the southerly side of North Bayview Road and the westerly side of Victoria Drive; said point of beginning being, and intended to be, the northeasterly corner of the premises herein described and the southeasterly corner of premises heretofore conveyed to Charles Babcock and Louise H. Babcock, his wife, under Liber 6423 cp 226; RUNNING THENCE South 45 degrees 29 minutes 50 seconds West and alon the westerly side of Victoria Drive a distance of 30.82 feet to a monument; RUNNING THENCE South 25 degrees 19 minutes 50 seconds West, and still along the westerly side of Victoria Drive, a distance of 70.0 feet to land of Dahl; RUNNING THENCE along said land of Dahl, North 64 degrees 40 minutes 10 seconds, West, a distance of 149.68 .feet, more or less, to land now . of formerly of South Parish Realty Company; RUNNING THENCE along said land of South Parish Realty Company, Nortl 25 degrees 19 minutes 50 seconds East, a distance of 80.62 feet to lan( of Babcock; RUNNING THENCE along said land of Babcock, South 71 degrees 11 minutes 20 seconds East a distance of . 161.35 feet to the westerly side of Victoria Drive to the point or place of BEGINNING. J SCTM #- _ /fJco _ - o/ - 57---] TOWN OF SOUTHOLD PRIGPE~A fY RECORD CARD OWNER STREET q 7 VILLAGE DIST. SUB. LOT aS.P� IV ru nna /} i iv r l�lD''I q '� ✓� ACR. � 7 � RE ARKS _L 125 7- Rerke An, ✓ 7✓uSf TYPE OF BLD. PROP. CLASS -246 LAND IMP. TOTAL DATE • —7000 3 z 4S f FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL lor _ l;R STREET 7 / VILLAGE DISTRICT SUB. LOT LI FORMER OWNER . $ ,rye fW EACREAGE fir: w � J ti PQGG{Y10Q.YI p S I TYPLIWILDING SEAS, VL FARM COMM. I IND. I CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS r S 00 "' 00 3 {a ut A.All _. Oa C)c) 2 3 a > Ist C P13 o of 8 - i` e r Q �?zS� AGE BUILDING CONDITION m L - � z ana Palmer NEW NORMAL BELOW ABOV RO TA T _ 1 fig QS Farm Acre Value Per Acre Value 2 O C�7 D ( dC Tillable 1 2:1/0-7B-UL H Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House,Plot Total NY dtM•Bupin anal Sde Dred oda Ceueaan clam tJ9Ner-Ano Indwidud orcerparama(Shack Sheat INYM SOMI CQVSDLTYOUR LAWYER 86FORRb'117Nt\'GTRW L�MU?IB87•THL4tY6TQU}I&YISIIWLDBItUFm6Y1.AwY141tg0.YLY THIS INDENTURE,mode the p( 7th day of MW AWL in the year 2007 BhTWEEN DONNA A.CHINGOS.(now known as DONNA A.MERKEL) 975 Victoria Drive Southold,NY 11971 party of the first pan,and !' DONNA A. MERKLL and JOSEPH MERKEL.as Tenants by the Entirety, 975 Victoria Drive Southold,NY 11971 party of the second part. WITNESSETH,that the puny of the fire part.in consideration of Ton Dollars and other valuable considemtioa paid by the pony of the gird pat.does hereby grant and release unto the party or the second pan,the heirs orsucceaas and asolus of the party of the second part forever. ALL that ceratin plc,pine or parcel of land,with the buildings and improvemems dtenean erected situate.lying and being in the Tw Ftsp SEF.SCHEDULE A ATTACHED Dtalattaon Diu• 1000 a=• 07Q.vo BIL (14.00 Donna A.Chingos is now kno as Donna A.-Markel pursuant to Divorce Decree dated 1 12-1111y,Suffolk County and Ltets)af7.ppp MAninge Colificete dried 0l-j142- ,Tuwn of .Nja.#,nty of Suffolk TOGETHER with all right,title and interest.if any,of the party of the first partor.in and to any streets And rush abutting the above-daLribed premises to the center lines thereof:TOGETHER with die appwtenanms and all die cute and rights of the party of the first pan in and to sold premises:TO HAYR AND TO HOIA)the premises harem granted unto the pity of the second pan,the heirs or successors and assigns of the party of the second pan forever. AND the party of the first pat covenants that the party of the fust pan has not done of suffetcd anything whereby the said premises hove been incumbered in any way whatever,except as aforesaid. AND the party,of the first pan.in compliance with Section 13 or the Lien Law.covenants that the petty of the rust pan will receive the consideration for this conveyance and will hold the right to receive suck consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement And will apply the some first to the payment or the cost of rhe improvement before using any part of the total of the some for any other purpose. The word'pany'shall be construed as if it read"parties-whenever the sense of dris indenture so requires. IN%VITNESS WHEREOF,the party of the first pan has duly executed this deed the day ad year first above written. IN MFSF:VCF.or: �1M1re. Q . Ch,,. kww `ALL that certain plot, piece or {nrcel of land, with the buildings and imprurementa thereon erected, .itclly ting and bemlio(Oji at Bayview, near Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly aide of Victoria Drive, distant 817.68 feet northerly from the corner formed by the intersection of the westerly side of Victoria Drive with the northerly side of Main Bayview Drive: RUNNING THENCE North 64 dogroes 40 minutes 10 seconds Nest, 149.68 feet; THENCE North 25 degrees 19 minutes 50 seconds East, 100.00 feet; THENCE South 64 degrees 40 minutes 10 seconds East, 149.68 feet to the westerly side of Victoria Drive: THENCE along the westerly side of Victoria Drive, South 25 degrees 19 minutes 50 seconds Nest, 100.00 foot to the point or place of BEGINNTNG. Said premises known as 975 Victoria Drive, Southold, New York. . r VWA0MWZ.UW WrF0 WWW x777flN1WffWYaxRSYA7earlA: USEACtGWWIEDavFATFWm8A7ow wmuN1VewYbsrSrATz0.vLi± StateofNewYarlt,Cumfyof Suffolk Ia: Sink orKewYork,CAmntyor Ibs•: On the$7%ay of." A pr i� in the)vxr 2007 On the day Of In the year Wine me.the udetsignrd•Personally oprAwW bcfcxe me.He undcr4x%],personally appeared Dorm A.Chingos now known as Donee Merkel personally known to ate or proved to me an thr.bisis•of satisfactory petsomlly known to me or p uved to me an the hasis of satisfactuy evidence to be the kQ,,*ktal(s)whose name(%)is(we)subscribed mthe evidetcctubetheindividwl(s)wioscatmx(s)is(are)subscribedtothe within instrument and admowldgW to me dmf hdshohhcy acwocued u!"in instrument wd wknm'k-lgod o me dao hddtefthe�r axmvW the same is rAhcir capadty(ies), and dot by Malik heir the ome in hisRus fir capacay(ink and that by iasAwVtheir oa iamnmen6 the indivichud i), or the parson upon ftme ds) on the imstmwou. the irdirvidlmys). or the person upon of 'vidual(s)anod,em-uted the inmu mens behalf of which the h dividud(s)actai execulcd the Inommeni. ELAN fi. I1iIARKEV11 P BLIC,STATEF NEW YOPJC NO."930358, SUFFOLK COUNTY CO-M-MISSION EXPIRES DEC.E3 2009 AGwvowLzWAtexrFoRuForUwWmav,Vaw)wtrSrArsONLY. At.YnnaiAWJfrATFa J-*aNUMOursatN,V&'WYORKSrantavLr INen Yo/f SArr.tWer 811ar1rAebk Wrdpaen CrmjA lrl 10Y1 Of5wN M Fardp,GawdArkWpwnrCemiftav/ Stain of New Park,Cowdyar I m On theday of In the year (Oarldrlr V~wilt Shur.CtWury.FM1wv or Nwddpaley) berme to.the ttrdersignect personally appcnmd On the day of in the year before me,the undersigned personally appeared the subscribing witness o rhe foregoing inswmem•with whom 1 am personally acquainted, who,being by me duly swam.did depose ad personally known to me or proved to me on the bads of satisihetory sty that hdshodhcy reside(s)in dt=ID bc the ammrnt and itiuAs)whose nwne(s)is(ata)sabscn'bed to the within aelaowledgcd a me that h0sMAhe ued tlrplaceefres4kceisinacity.buludethranvramlhmtnwnber. ��iahisliNdthircapn 6m),rhobyhWhedtheirN(s) Jm{v.drm*.that hdsheldm ]mow(s) oadekammenttheindslardlepoeupasbebWlofhkh the irdhiJoel(s)and,executed the inmmnent,wW am such individual to be rine indivimol described in and who excovied the Ili made such appearance Woo the undavigad In the Instrument;do said subscribing witness was prevent and saw am" execute the same;and that said wimess at the swne time subscribed ()arertdrehywahrrppd1d1dodmlbdi WWaid tAV$weoreoamrvar NsMerAhcir name(s)as a witness therew. wherPioee the acbroWlMgmlvu tern&*all. BARGAIN A SALE DRIM +mroavnlAm AOAtrlrroxAlaagArn 7)7rt No. Dim= 1000 Smmw 079.00 DONNA A.CHINGOS(tow known as Donna Merkel) BLACK 09.00 LOT 057.000 TO Comm ORTowN SutTolkisouthoW JOSEPH E.MERKEL&DONNA A. ME'RKEL PJ.raraEDArM1/FSr0F Ndellly National Tltle Insurance Company of Now York RL•TWW 14ILra FInurry NATIONAL TCr1.E INS'URANcC Domes A_Merkel COMPANY OF NKW YORK 975 Victoria(hive ovmwy toil Sawhold,NY 11971 0 0 o. sur A: a E 2 RM10 2007 Por 27 01147r()2 pM Number of pages Judith A. Pascale CLERK OF SUFFOLK COlkf v This document will be public L DowI2501 P 8% record. Please remove all OTt 06-31492 Social Security Numbers prior to recording. Deed/Mongap Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 31 JIM Page/Filing Fee = Mortgage Amt. _ 1. Basic Tba _ Handling 5. 00 2. Additional Tax I TP-584 , 5 _ Sub Total I i Notation SpecJAssit. or EA-5217(County)_ 5 Sub Total Spec./Add _ EA-5217(State) -15_ T07:MTG.TAX R.P.T.S.A. _ ���/ Dual Town—Dual County _ Held for Appomtmen Comm.of Ed 5. 00 Transfer 7hx —�r Affidavit Mansion Tax _ Certified Copy The Property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO,see appropriate tax clause on page 8 of this instrument. 4 D 07013157 1000 07e0o 0900 057000 5 Community>fnouvathmFund DBASPI Real Pr Consideration Amount $Tax Sei Agen CPR Tax Due S Verifies _ G Sa1isfacti0ns1Discharg4!94Weases List Properly Owners Mailing Address Improved- Y RECORD& RETURN TO; Vacant Lard L� nn� A1. SeJkOld M-71 TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Name www.sufiolkeounlyriy.gov/clerk 71de# g Suffolk Counly Recording & Endorsement page This page fonus part of the attached d eed made by: A^ (SPECIFY TYPE OF INSTRUMENT) D A n a R. The premises herein is situated in ,,A, AA&AA SUFFOLK COUNTY.NEW1! YORK. TO in the TOWN of + In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IN�IIIIIIIIIIIIIIIINII�IINIINIMn�Mllllll INNNINIII�IINIIIII SUFFOLK COUNTY CLERK, RECORDS OFFICE RECORDING PAGE Type of Instruments DEEDS/DDD Recordedr 04/27/2007 Number of Pages: 4 At: 01:47:02 PK Receipt Number s 07-0041611 TRANSFER TAX NEER: 06-31492 LIBERs D00012502 PAGE.- 890 District: sections Blocks Lot: 1000 078.00 09.00 057.000 BYAK]3= AND CHARGED AS FOLLOWS Deed Amounts $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NNOO t Handling $5.00 NO COS $5.00 NO NYS SRCHG $15.00 NO A.-CTT $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTm $0.00 NO Transfer tax $0.00 NO Ccsm.Pres $0.00 NO Fees Paid $152.00 TRANSFER TAY NUMBER: 06-31492 THIS PAGE IS A PART OF THE INSTRMCENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County PLEAWYPE OR PRESS FIRMLY WHEN WRITINWN FORM ` INSTRUCTMS• http9l www.orps.state.ny.us or PHOIW518) 473-7222 FOR COUNTX USE ONLY / p Cl.Sw18 Coda 3 O U REAL PROPERTY TRANSFER REPORT STATE OF NEW VORK Cy DIM Deed Raomdsd Lvj�LlG` STATE BOARD OF OEM PFMM"SERVICES C3.BM* 1 �S CL Papet��2 � _ RP - 5217 atvrtl 0e•3M PROPERTY INFORMATION ' 9%"WlvI 475 I Vrc v►� r. Lada, WMFNUIW �� olc� aT�, I I {14 7) I not oma L� I ,�yy���{IcA I Qnnn 4 I MMUS 1ACv1-1 I tT�S[Af�1 1 L Tae krdew whoa keaa Tax 60b as to be seat no" N 00m the bow '"raw W bww 0fISM I I I Adclma I armarrarwa rwe I arraeYowa I er$ S> a bullaft Bellirwal o numb nue ole I Astimmint ( I E] Panof a PaPDoiy N Part d 0 Perea6 wee r Illy apw.. of Panoalo OR rol aA Henning Board wolf 9tr Wslon Authority bila ❑ 0.Deed O.Subde4ler AppwM Dos Regrind ha Tmsfer ❑ praPeety I X�–.— OR ,ole ql g0.Peat Apportl er Subdwim wee Map Pl.. ❑ sin&BaurIChl!W. CA04h kAan A wh /rfefkl I L Oftilct I . Nom. I I , FWATaw T.CbWJI the box balaw wbbA moa aaraotaly deecrBm de rrr of Nw property at tea dots*to" tirade On bars below r A"oppir L Ownership Typal is QW4Mdnlun ❑ A Ona FwAy RasidereW E Am4ulwal 1 rommNry 6wv" L Naw Oawbue0on on Vacant lard 13B 2 a 3 Fently Raaidando F Cornmendel J kdoerW 10A.Fram V Lamed wMrk an Agft tray Dierfe 1:3C 6swendal Velem led G Apsmont PoMa Sella 100.Buyer ro i •drdotwa na0r.04deeki0 D Nan4WddeetW Vaeom tall H Enlenalmnst/Amusernent 1. Pons the On property s M an ApdeAwol Madd ❑ SALE MFORMATION K.////�,,,� Cheek Salo ar mond own asnrftlre r appEshr le trmr I am*11.sw Carrveat apa► / 0 7 1 A SaN Baan RMWeoe a Fomw Rwdwe �JR Sob Between Rao ud Cenrpetees ar resume In Buwms 12.Dole d ser/Tainder ( 1 .27 / O Saw or r D Sas.04Oamnmrrrt ApeRgr or Lanrdno brW Won volar Day Yue E Deed T,pa not VfernmW a BwpaM and Sok ISpodry BekW F Sale of FrsdraW or tar Ow Fa lured Ohm*Sdow1 G SIpMSant CmW In ROM tV Solemn Tmbla Stlme and Sw Was 12.FYI sok Prim L 0 11 Sees of Buekst Is k%tudod In Sole Ildw • VW Ser Ella Is der taW artworn paid far tat p apsty indudkrp persmd property. 1 Od w Ilntsrral Foam AReaing Ssk Pale Mpedty&bad Th'e papnent may be in ill tam dash,Weer Papery or gawk or obs arueptis at J Plena matppea or other oMpsdas! Ars mad ro the no~whole d*w emorg u tairata tfw ahs d personal I FW001V INSIM6d 16the W ASSESSMENT INFORMATION•Dots should m0ea fat Mtm Wel Aaeatnmt Rou and Ta Gilt / ') /1 Am frarn 10.VwA�Edakder..n/ ai.7n � '--��1' 1z Tatal Araerwd Vdw(of r peak In ve'adlwt I--- 'i0�. .0; L7.eC . ; Q o. in LSSa�`J–L L 16.tdwd DMdel Nees 1 SO tXT�kd 5 , UL I Code 21L Tam Mop IdwMwb'/RON A-im- Bal IB mer•tlwn foo,Smolt arteet whh sdetleW MsatmarMN �t'9007 81p4o oqo() 0510M I 1 CEFURIC-An N 1 cue*&W RB Of the Ser Of Mmmadr mead as d&fore we true well tared tle Wal bol of my Imaedrdpr mel be"and 1 usdaW W tam at ma hm of aw*am Raw swesn d of emler"&a' I wM M*d mem the mmunsa d We"Wks ralaSRe k Nue wkimp Std Irep d hks IedrootetOf. BUYER BUYER'S ATTORNEY �dltiL OL. &l¢VL4 I Y�rhl7 I � awrsemllse oas wteer /rrA•r R75coy;et Dr 1 emaT Maele alOTurwwaaAw AeACaw raaalrA"WR do lee Town a o�ioa'�— SELLER NEW YORK STATE C, _ _a COPY a' (,L• I q a7 GAIN FT � 115ti6P�5� � ior�.� ,�r�,-sj , Sundard N.Y.B.T.U. Form OM-20M —Barplo ami 4k D.W.with Cnrmunu apiW f:nnrm i Arra—Irdi.klrul ur Corgnatk Oi-gk sheet) CONSULT YOUR LAWYER RITORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USID SY LAWYERS OHL ,THIS INDENTUR9, made the 13th�day of August ; nineteen hundred and ninety-two B8TWEEN THOMAS PALMER and LAURA PALMER, his wife; both residing at 7 975 Victoria Drive, Southold, New York 11971 N IC�3 party of the first part,and DONNA A. CHINGOS, residing at 255 Jefferson Avenue, ' St. James, New York 11780 LOT DISTRICT_ SECTION, M t--S^llO(`K'�,� ( TcT�I I.I. t-1� party of the ficond part, Ls-2,���+j�=j+ 17� l 1`'i L21 20 �s.LJ thwt� WITNESSETH,that the party of the first part, in consideration of ten dollars and other valuable consideratic Dist paid by the party of the second part, does hereby grant and release unto the party of the second part, the hei Im or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situat Sec Seclying and being in(Ak at Bayview, near Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Victoria Drive, distant Blk 817.6.8 feet northerly from the corner formed by the intersection of the 09.00 westerly side of Victoria Drive with the northerly side of Main Bayview Drive; RUNNING THENCE North 64 degrees 40 minutes 10 seconds West, 149.68 feet; Lot THENCE North 25 degrees 19 minutes 50 seconds East, 100.00 feet; —x.000 THENCE South 64 degrees 40 minutes 10 seconds East, 149.68 feet to the westerly side of Victoria Drive; THENCE along the westerly side of Victoria Drive, South 25 degrees 19 minutes 50 seconds West, 100.00 feet to the point or place of BEGINNING. Said premises known as 975 Victoria Drive, Southold, New York. Being and intended to be the same premises conveyed to the grantor herein by deed dated 3/14/91 and filed in the Office of the Clerk of the County of Suffolk on 7/1/91 in Liber 11292 cp 54. E �, .�.;..::TE9921 AXK "a- TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets at roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenant and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND T HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns r the party of the second part forever. r4 1 AND the party of the first part covenants that the party of the first part has not done or suffered anythil whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party t the first part will receive the consideration for this conveyance and will (told the right to receive such consi. oration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will app the same first to the payment of the cost of the improvement before using any part of the total of the same fr any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so require IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day_and year first abo, written. � .. .. .. .. '� 1 t _.... moi✓ IN ESENCEOF' G ill' XI TWIRAnv nra RECORDED AUG 27 1992 ��FDOWIP-ROWa WC82 a,apmm rv.t.n.s.u.rot [• -Bvpin and Sale Deed, With Covrnant apip antoi's Aca—Indwidual at Corporation(single sheer) CONSULT YOUR LAWYIR REiORS SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD OR USED BY LAWYMS ONL 11292PG054 6DA THIS INDENTURE,made the 14 day of March , nineteen hundred and ninety one BETWEEN ::. EDUARDO FERNANDEZ AND TERESE K.OZLOWSKY FERNANDEZ, his wife, both resi at 975 Victoria Drive, Southold, New York 11971 a00-1 party of the first part, and THOMAS PALMER AND LAURA PALMER, his wife, both residing at IC119 Cedar Avenue, Patchogue, New York 11772 � 1 L� LOT ' # 17#ST#'#CT SECTION BLOCK �v [�✓''1,, �: 1� party of these I 1 11 1 °4 20 WITNESSETH;khat the parry�f'the first part, in consideration 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, the heirs Iftr or successors and assigns of the party of the second part forever, 1+ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Bayview, .near Southold, Town of Southold, County of Suffolk o and State of New York, bounded and described as follows: o BEGINNING at a point on the westerly side of Victoria Drive, distant 817.68 feet r northerly from the corner formed by the in0arsection of the westerly side of tn o -4 Victoria Drive with the northerly side of !!fain Bayview Road; 0 x RUNNING THENCE North 64 degrees 40 minutes 10 seconds West, 149.68 feet; x o RUNNING THENCE North 25 degrees 19 minutes 50 seconds East, 100.00 feet; —I N w° 3 RUNNING THENCE South 64 degrees 40 minutes 10 seconds East, 149.68 feet to the o v:3 z westerly side of Victoria Drive; o 'ci RUNNING THENCE along the westerly side of Victoria Drive, South 25 degrees 19 u o x minutes 50 seconds West, 100.00 feet to the point or place of BEGINNING. o CQ c Ca ot o Being the same premises conveyed to grantors in Liber 10931 page 443 dated 9/13/8 and recorded 9/18/89. 0 Id at RECEIVED .° � REAL 4t U n JUL i 199! `300 TRA SFERLKAX o CO NTY o o 14 PTOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and 0 o roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances •,4 rn 1 and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO w s N HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of o the party of the second part forever. q H N AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the sante first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. ( t.) IN PRESENCE OF: EDUARDO FERNANDEZ t c� )Ilxav, RECORDED a1 1991 E (wqNr Op IPp.pFpQJM(AE uL L 1 WC52 Smdud N.Y.B.I.U.Form -B,,,ain and Sale Deed. with Ce ..... apinq•,or's Atu—indi,id(bu�J(7�ea c«pe'ato(dnBlllee h... 1` / • e CONS1mT YOUR LAWYIR aBORE SIGNING THIS INSTRUMENT—THIS INSTRtIMENr SMO RE YSEO By LAWYERS ONLY. 13931KA43 4543 THIS INDEN UME,made theday of September , nineteen hundred and eighty—nine /� BETWEEN J MICHAEL PISACANO and LAUREN PISACANO, residing at S9& 9414� ' Victoria.Drive, Southold, New York, 11971, c. � 7 f party of the first part, and = EOIIARDO FERNAtIDEZ and TERESE ROZI.OWSBY PERNANDHZ, residing ' C64-1� 8' L >�RST. NEW YO�tT 11357 ,'.• ' v _. "!`._�_.. Ih__ AMB, BIl .--M- 1–�L.Ll1. . party of the second part, _— "i WIT!fWE14I,that the party of the first part,in consideration 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 tt 2h, o or successors and assigns;of the party of the second part forever, part, the heirs ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, . 3 _ - lying and being in the at Bayview, near Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 10STRICf OBEGINNING at a point on the westerly side of Victoria Drive, distant 817.68 feet northerly from the corner formed by the intersection of the westerly side ,CTION of Victoria Drive with the northerly side of Main Bayview Road; - 8.00 OCK RUNNING THENCE North 64 degrees 40 minutes 10 seconds fleet 149.68 feet; .00 RUNNING THENCE North 25 degrees 19 minutes 50 seconds East 100.00 feet; T 7.000 RUNNING THENCE South 64 degrees 40 minutes 10 seconds East 149.68 feet to the westerly side of Victoria Drive; RUNNING THENCE along the westerly side of Victoria Drive South 25 degrees 19 minutes 50 seconds West 100.00 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto.the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND tt p:rt'ty of ecrive t.part, incompliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the konsitleration for this conveyance and will hold the right to receive such consid- eration as a,trustflind'tb be"' Pliedjirst for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose, The Word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WHEREOF,the party of the first part has duly executed this deed the dayand year first above written IN P I: OP; R 175/nD_ PISACANO RL-AL UJAfE L��w y2 uR>?aiAPI 0 RECORDED MLUAM G.HOLST `$EP 18 1989. dAytncct caro vew r,r... r•aw nnn, r•,r u'i -,utr1 nn.vu. ... ...n x'uu aue.nnnt u;urnut brnuu.:':. n. w .q'. 1 II CONSULT YOUR LA BEFORE SIGNING THIS INSTRUMENT—THIS II� MINT SHOULD RE USED BY LAWYERS ONL aal ' 10354 K415Mty THIS INDENTURE, made the 23rd day of June nineteen hundred and eighty seven BETWEEN HELEN HOENIG, residing at 875 Victoria Drive, Southold, New York 1197 DISTRICT SECTION BLOCK 'LOT t fTIZZ L:] ® = CM 2� party of the first part, and MICHAEL PISACANO and LAUREN J. PISACANO, residing at (no #) Main Road, Jamesport, New York 11947 party of the second part, YYPITif_SSETH, that the party of the first part, in consideration of *********** TEN ********** dollars, llawful money of the United States, and other lawful consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, \'} ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" attached hereto c-�, I����- rte. �z� �, ���-. ,�a1�,\ l �•�.�,`� . DISTRICT rmu- . I f3�Mi� SECTION RECEIVED 78 .00 $, . ,?� r. REAL ESTATE BLOCK JUN 30 1987 9.60 LOT 57. 00 .M 3 r JUL;ffi "E A. KINULLA l RECORDEUi� ` ... VUN 30 1587E Clerk c4 Suffolk County -- *10354 ..?1A arnerlcan title insurance company northeast region Title No.07-111697 AMENDED 1 SCHEDULE A /JCL&)., G L-Hln/6 T o L0Y V6b Q PiSatcwyo ♦NU r-,i I�AcL OISAt.tAva a I*-^rbo �.lvweE i-j Jit7 ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, near Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Victoria Driver distant 817,68 feet northerly from the corner formed by the intersection of the westerly side of Victoria Drive with the northerly side of Main Bayview Road; RUNNING THENCE North 64 degrees 40 minutes to seconds West 149 . 68 feet; RUNNING THENCE North 25 degrees 19 minutes 50 seconds East 100. 00 feet; RUNNING THENCE South 64 degrees 40 minutes 10 seconds East 149. 68 feet to 'the westerly side of Victoria Drive; RUNNING THENCE along the westerly side of Victoria Drive South 25 degrees 19 minutes 50 seconds West 100. 00 feet to the point or place of BEGINNING. /u. Cnmryannng only Tagnber gash all right, tale and tairesv ol, is sad to any alr,w, and road, abatoag the abut, deVribed premilel. Our policies of 1,110 insurance include such buildings and w yovemenb thereon which by law constitute real Property. unless specifically excepted therein. Now IS the lime to determine whether we haw examined cd of the property and easements which you down,to b insured. if there are appurtenant ease. mints to be Insured. please request such insurance. In some cases. our are manual provides for an additional charge for such inturanu. r.. I 1itL'F 'F A. KINSFLIA r RECORDEW JUN 3U 1987F Clerk.. c4 Suftotf: County 800'.f-fiC I--ILu p:do and Sol,-Dr,d."ilI,rAV.'..... 'pain..caanrn,',�In lirid'I.. ry�unon,v CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE��USED BY LAWYERS ONLY. tw. 7ry424 PAGE;?S3 / THIS INDENTURE, made the :5 day of June nineteen hundred and seventy—three BETWEEN KAARE DAHL, residing at 291 Bay Shore Road, Deer Park, New York, party of the first part, and HELEN HOENIG, residing at 875 Victoria Drive, Southold, New York, C� t^ C� party of the second part, WITNESSETH, that the party of the first part, in consideration of " dollars,. lawful money of the united States, Pad by the part• of the second part, docs hereby grant and release unto the party of the second part, the heirs or : successors and assigns of the party' of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, I _ lying and being3E at Bayview, near Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the westerly side of Victoria Drive distant the following three courses and distances as measured along the Westerly side of Victoria Drive from the corner formed by the intersection of the westerly side of Victoria Drive with the Northerly side of Main Bayview Road: (1) North 29 degrees 57 minutes 20 seconds East 332 feet; (2) North 34 degrees 40 minutes 30 seconds West 155.68 feet; (3) North 25 degrees 19 minutes 50 seconds West 330 feet; running thence along land heretofore conveyed by George Howell Nenning and Josephine K. Nenning, his wife, to Kaare Dahl and Thelma Dahl, his wife, by deed dated March 26, 1960, North 64 degrees 40 minutes 10 seconds West a distance of 149.68 feet to the easterly side of land now or formerly of South Parish Realty Corp; running thence along said land, North 25 degrees 7.9 minutes 50 seconds li East a distance of 100 feet; running thence South 64 degrees 40 minutes 10 seconds East a distance of 149.68 feet to the westerly side of Victoria Drive; running thence along the westerly side of II Victoria Drive; South 25 degrees 19 minutes 50 seconds West a distance of 100 feet to the point or place of beginning. TOGETHER with a right to the use, in common with others, of a right of way over the proposed highway to be known as "Victoria Drive" from North Bayview Road foutherly along land of Gritz and others and along the premises herein described to the southeasterly corner thereof; thence southerly, southeasterly and then again southerly partly along land of the party of the first part and partly along land of Nidds to the Main Bayview Road. TOGETHER with the right to the use, in common with others , of a strip of land 50 feet in width as an easement to Corey Creek, said strip of land being bounded on the easterly by land of Edson and on the westerly by land of Toedter and Dickinson. `f TOWN 4F SOUTHQLD ARTY RVICt Q CAM WME R STREET DISTRICT SUB. LOT k, La OT TR N E " ' A7 AGE S W / F BUILDING e r� •' J4,y� I C /7 %l ES. SEAS. VL. FARM COMM. I IND. I CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS F urp f? 0 `f l `e" ao - I N n d 3Ca 2 7 Ar 3Fs �vu 'fi4 � X700 3 .f /S L- C. /Sv, s`f�a Q MW76 NkS7O0 5 <o oc� zOo oo - Bea(. - rlo v ABOVE FRONTAGE ON WATER 3116 omifimit Q1t FRONTAGE ON ROAD o 0 illable 1 BULKHEAD 20 _ l wt Qr d(o D, (table z DOCK S s 07 8P# Vaces BV 31167 - T07 ,Jo J liable. 3 'oodland vampland ushkond - p" J Use Plot j�`H7o9933S HY005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY of F6-QAuAA2 1� ,s ;L= THIS INDENTURE, made the day of Ijn LI Pr( f^l in the year 2000 BETWEEN HELEN HOENIG as surviving tenant by' the entirety, residing at 875 Victoria Dr. , Southold, NY 11971 DISTRICT EM FR BLOCK a ,- . t�k.1:.� r-T—t-+. party of the first part, and G 12 17 �l �{`/'yl 21 II—IWt20 ROBERT M. KLIPSTEIN and CHRISTINE KLIPSTEIN, husband and wife, residing at 442 48th St. , Lindenhurst, NY 11757 party of the second part, 3 l WITNESSETH,that the party of the first part,in consideration 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, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF Tax Map The grantor herein is the same person as the grantee in Deed dated 4/1/71 Designation recorded 4/7/71 in Liber 6911 Page 294. Dist. 1000 Sec. 078.00 Dlk. . 09.00 Lot(s) 058.000 TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets an( roads abutting the above-described premises to the center lines thereof, TOGETHER with the appurtenance: and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLL the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party o. the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereb; 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 thi first part will receive the consideration for this conveyance and will hold the right to receive such consideratiol as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the stunt first to the payment of the cost of the improvement before using any part of the total of the same for any othe purpose. The word "party" shall be construed as if it read "parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: HELEN HOENIG V _1202W91 • • File No.: RH70993337 SCHEDULE A - DESCRIPTION AMENDED 1/7/2000 ALL that certain plot, piece or parcel of land, lying and being at Bayview, Town of Southold, near Southold, County of Suffolk, State of New York, being bounded and described as follows; BEGINNING at a point on the westerly side of Victoria Drive, distant the following three [3] courses and distances as measured along the westerly side of Victoria Drive from the corner formed by the intersection of the westerly side of Victoria Drive with the northerly side of Main Bayvlew Road; 1. north 29 degrees 57 minutes 20 seconds east, 332.00 feet; 2. north 34 degrees 40 minutes 30 seconds west, 155.68 feet; 3. north 25 degrees 19 minutes 50 seconds east, 230.00 feet; THENCE along the northerly side of land now or formerly of Ronald and Eleanor H. Wickey, north 64 degrees 40 minutes 10 seconds west, 149.68 feet to the easterly side of land on "Map of Highwood at Bayvlew" filed 2/7/68 as Map No. 5547 THENCE along said land, north 25 degrees 19 minutes 50 seconds east, 100.00 feet to land now or formerly of Donna A. Chingos; THENCE south 64 degrees 40 minutes 10 seconds east along said land, 149.68 feet to the westerly side of Victoria Drive; THENCE along the westerly side of Victoria Drive, south 25 degrees 19 minutes 50 seconds west, 100.00 feet to the point or place of BEGINNING. Title Report _v 10 - - 3 '12026091�2'12026091El2 �32248 NED d_. rZECORDEd Number of pages L $ SEAL ESTATE OO MAR PP1 2. 06 TORRENS MAR 09 2000 -9 EDWARD P. I10V A11i'z• Serial# CLERK AND TpSPERTAK REGISTRAR OF Certificate# St� SUFFOLK COUNTY Prior CIT.# .12248 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee _ Mortgage Arm. Handling s 1. Basic Tax TP-584 —5J 2.Additional Tax Notation Sub Total EA-52 17(County) -S- , Sub Total Z 7 ' Spec./Assit. Of EA-5217(State) Z S J Spec./Add. R.P.T.S.A. A� TOT. MTG.TAX _ Dual Town Dual County_ Comm. of Ed. 5 OQ Held for Apportionment Affidavit G+' ♦ Transfer Tax �/ �y� Z' Certified Co Mansion Tax Py The property covered by this mortgage i Reg.Copywill be improved by a one or two fa Sub Total LIS. J dwelling only. YES or NO Other -7 2-. If NO,see appropriate tax clause on pa GRAND TOTAL of this instrument. Q 5 _ PresReal Property Tax Service Agency Verification 6 Community ervation Fu__ _ Jay Dist. Section Block Lot Consideration Amount $ jlJj.t t1000 078.00 09.00 058.000 CPF Tax Due W tam_ Z -Ud RECEIVED proved0hreP ✓ iii scant Land Initials 73 SSitisfaclions/Discharges/Releases List Property Owners Mailing AddreMAR 0 9 2000 D () RECORD&RETURN TO: JENNIFER GOULD, ESQ. pfIL,GE 1VA(1CN D P. 0. BOX 177 FUND GREENPORT, NY 11944 J� s Title Company Inf_ormatiion Co. Name Commonwealth Title# RH70993337 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED mad, (SPECIFY TYPE OF INSTRUMENT) HELEN HOENIG The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of SOUTHOLD RORFRT M- K1.TPSTFTN ANn CHRISTINE KI TPSTRTN Inthe VILLAGE or HAMLET of BOXES 5 TI-IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILIN( rLCMOC Iwn rncou r ua�hu •• INSTRUCTION ttp://www.orps.state.ny.us or PHONE W1 473-7222 FO)aL`6HfdTt/US ;(9NLY , - q -if p�(' �/• REAL PROPERTY TRA111SFER:REPORT STATE OF NEW YORK A �I STATE BOARD OF REAL PROPERTY s[:RVICES w�Id a RP - 5217 t1 „ RPd217 Rev Wr TAIi 1.Property I 875 I Victoria Dr Location aTREET NUMBER STNEETNAME ¢ bn1Y1 I nttthold I 11971 CrtY N VILLAGE ZIP LODE 2.Buyer I Klipstein I Robert M.. Name IAST NAME/COMPANY Christine hNAME Klipstein I I IAS,NAME I LOMFANY nPST NAME 3.Tex Indicate where future Tax Bilis are to be sent Billing if other than buyer address(at bottom of form) I I T NAME/COMPANY FIRGT NAME Address MIFU NUMBER AND STPEET NAME CITY OR TOWN STATE I nP CODE 4.Indicate the number of AssessmenttOndy N Part of a Pascal)Check n they apply: Roll parcels transferred on the dead I / I sof Parcels OR ❑ Part of a Parcel 4A.Planning Board with Subdivision Authority Exists ❑ E 4B.Subdivision Approval was Required for Transfer ❑ S.Dead �/ ,irl 4C,Parcel ❑ Prop" I -I I X ORI • / Approved}or Subdivision with MSD Provided niONT FEET DEPIN ACRES Size p Helen I B.Sam I 4pMAOMPANY I FIPSi NAME Nems I I I LAIT NAME I COMPANY FIRST NAME 7.Check the box below which most accurately describes the we of the Property at the time of sale: Cheek the.boxes below as they apply: a O vnemhlp Type is Condominium ❑ A One Family Residential E Agricultural I Community Service 9.New Construction on Vacant Land ❑ B 2 or 3 Family Residential F Commercial J Industrial 10A Property Located within an Agricultural District ❑ C Residential Vaunt Land G Apartment K Public Service 108.Buyer received a disclosure notice indicating ❑ D Non-Residantlal Vacant Land H Entertainment/Amusement L Forest that the property is in an Agricultural Diistriet �.. 19.Check am a more of these conditions Be applicable to transfer i 1 99 11.Sal*Contract bate A Sale Between Relatives or Former Relatives I / / Monto Day Year B Sale Between Related Companies or Farmers in Business C One of the Buyers is also a Seller 12.Daft of Sala/Transfer / i / / 00 I D Buyer or Seller is Government Agency or Lending Institution Month Day year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than.Fee Interest(Specify Below) (3 Significant Change in Property Between Taxable Status and Sale Date 13.Full Sale Price I 1 6 5 5 0R 0 0 B I H Sale of Business is Included in Sale Price 7 7 (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.Indicate the v ue of parsom1 I 0 \ 0 r property India ad h the sale A9 NT' DtNti rLlsAe` �Ifs:l FinalAeaiiiblPerK#ioB.gljd.7e�t 11 18.Year of Aesaanhent Rofl from ';Ii 'F,> 17.Total Assessed Value(of M m Parcels In tnfw) which Informetlon taken 1B.Property awe I .:`. --'I—LJ 19.Scheel District No" I - ''r,4 ' 7 20.Tax Map Identiflsr(s)/Roll IdemlB•ris)IN more then four,attach shoot with additional idemlller(eli 1000-078.00-09.00-058.000 I I I I I earfb'that BD of the trams of Information entered on this form are true and carted(to the bald of my knowledge and beMen and I understand!heat the making Of any willful f die statement of material fact herein will subject rue to the peovidans of the penal law relative to the maWng and Ming of floe instnwwts BUYER BUYEWS ATTORNEY I no ` BUYER SIGNATURE / DATE IAeT NAME RRSr NAME - STREET NUMBER STREET NAME!AFTER BAUD AREACODE (TEUER ENUMBER ftf( CITY OR TOWN STATE ZIP CGDE SELLER CrrYfTOWN ASSESSOR ® / OopY . BELLED SIGNATURE tJ DATE Jf � [� Smndard N.Y.B.T.U.Fotm 800070-70M—Bargain and Sale Dad,with Covenant against Crao*Ac,.—Individual oa corpotuion. (single sheet) LIBER 6911 PACE 294 6-7 - S 14 3 o CONSULT YOUR LAWYER REFORM SIONIN41 THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. �S-aaTE bf4U TIC. TM INDENTURE.made the 1st day of April nineteen hundred and seventy—one _7Lj tO BETWEEN KAARE DAHL, residing at 291 Bay Shore Road, Deer Park, t New York, r t;�_1 '.' C, rJ + party of the first part, and EDWIN.:,HOENIG'•aad' HELEN HOENIG, his wife, both " residing at 271 Park Avenue,; Westbury, New York, UJ M r7 a' party of the second part. WITNESSETH,that the party of the first part,in consideration 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, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 1 lying and beingimkK at Bayview, Town of Southold, near Southold, County of Suffolk, State of New York, being bounded and described as follows : ` # BEGINNING at a monument on the westerly side of Victoria Drive V1 distant the following 3 courses and distances as measured along the westerly side of Victoria Drive from the corner formed by the intersection of the westerly side of Victoria Drive with the northerly side of Main Bayview Road; 1) North 29 degrees 57 minutes 20 seconds East 332. feet; 2) North 34 degrees 40 minutes 30 seconds Blest 155.68 feet; 3) North 25 degrees 19 minutes 50 seconds East 230 feet; THENCE along the"northerly side of land tq be conveyed to Alf Tharaldsen North 64 degrees 40 minutes 10 seconds West 149.68 feet to the easterly side of land now or formerly of South Parish Realty Corp. ; THENCE along said land, North 25 degrees 19 minutes 50 seconds East 100 feet; THENCE South 64 degrees 40 minutes 10 seconds East 149.68 feat to the westerly side of Victoria Drive,- THENCE rive;THENCE along the westerly side of Victoria Drive, South 25 degrees 19 minutes 50 seconds West 100 feet to the point or place of BEGINNING. TOGETHER with a right to the use, in common with others, of a night of way over the proposed highway to be known as "Victoria Drive" from North Bayview Road southerly along land of Gritz and others and along the premises herein described to the southeasterly corner thereof; thence southerly, southeasterly and then again southerly partly along land of the party of the first part and partly along land of Nidds to the Main Bayview Road. TOGETHER with the right to the use, in common with others, of a strip of land 50 feet in width as an easement to Corey Creek, said strip of land being bounded on the easterly by land of Edson and on- the westerly by land of Toedter and Dickinson. 11N_ITNESS WHERE --OF;ifte party of tfi�nrsrparrnasaulyexecuted thisdeed the day tad year first abovewritten.N ZMENCE OF: STATE Of KAARE DAHL �REAE,ESTATE TRAti fER TAX , NEW YORK V0 � TBrOfiOn- AFg�77I-: TOWN OF SOUTHOLD PROPERTY- RECORD CARD �) OWNER STREET VILLAGE DIST. SUB. LOT • , � fY�CIQ�� M. ' f�r'�`�/', Yom. �.a- �:-�'` `F ER OWNER N E ACR. S W _ TYPE OF BUILDING RES. �� SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 411317 G o o u d S' a o '0 // 30 9/,y1i6 to s,). 51 C97L5/r, d.cL Crc ?- 1 II 10 I ( laces BP lSz g`f J� 5 - 31; I06 - l ho cue y � lnc-L I2�/Zc1 � 173- L-O✓lqu�0✓�i � t� '��"f7,�'Oc AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland _ FRONTAGE ON ROAD NAeacl&and DEPTH S d House Plot BULKHEAD Totdl"�- DOCK 73 ' avmase?i.Yl.LU.►..eMesoq Japl"�dl6 art sae aw�un"O�aO�rtrly►li.�d�l�ho�tl�fr"iir) Z`�D COMRYL,T YouR Lwwmt Resor:esawwR TNI/INaTTwRaMT.TNI&RYTRIM MIT 81400W Rs USED BY LaWVM OMtY THIS INDI0471EU,made the q day ofzoo 5 y Z7VMN 2C ttrnlcar JOHN LONGWORTH AND ROSEMARY LONGWORTH,as Husband and Wife.residing at 900 Victoria Drive,Southold,New York 11971. party of the first part,and IrLt4• �' n 73,5 Qn Lan e� KENNEDYnAND CL.AIRF2KF.NNEDY,as Husband and Wife,residing at P.O.. Box 1832, Southold,New York 11971 party of second part, WII9V METH,that the party of the Brat part, in co;Wderadon of ton dollars and other valyable eonalderation paid by the paM of the second part,dome hersby grant and release unto the party of the second part,the heirs er isuccessors and eseigns of the party of the second part f waver, ALL that certain plot,piece or pereol of land,with the buil and being in the dirrga and improvements thereon graded,situate,lying at Bay View,near Southold,in the Town of Southold,County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the intersection of the easterly line of private toad known.as"Victoria Drive"with the southerly line of a private mad known as"Liberty Lane"; from said point of beginning running along said southerly line of"Liberty Lane", South'68'degrees 27 minutes 10 seconds East,a distance of 100.22 feet; THENCE along land of Edward Nidds,two courses: (1)South 25 degrees 19 minutes 50 seconds West, a distance of 156.61 feet; THENCE (2)Notch 64 degrees 40 minutes 10 seconds West,a distance of 100.0 feet to said Imp easterly line of"Victoria Drive", 18 THENCE along said easterly line. North 25 degrees 19 minutes 50 seconds East,a distance — of 150.0 feet to the point of the BEGINNING. 09. BEING the same premises described in decd from Edward Nidds.dated 1/2/69.and recorded 1/23/69 in Liber 6494 at Page 323. TOGETHER with all right, title and interos% if anyrof the party of-the first part in,and to any streets and road& abutting the above described premise to the center lino tbera4 TOGEfHSR with the appurtenances and all the estate and rights of the party of the first part in and to said promises;TO HAVE AND TO HOLD the promise rt,the helm or successors and assign of the party of the second part herein granted unto the party of the second pe forever. I AND the party of the first pert covenants that the party of the first part has not done or suffered anything whereby the said premises haus bean encumbered in any way whatever,except as aforesaid. \` AND the party of the fust part in compliance with 9action 1g of the Lien Law,covenants that the party of the fin' pert will receive the consideration for this conveyance and will hold the right to receive such consideration as a 1 trust fund to be applied first for the purpose orpaying the coat 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 acme for any other purpose, Thq word'parW shall be construed as if It read'parties"whenever the sense of this indenture so requires. IN WITNESS WMMWF, the party of the first part has duly executed Chid dead the day and year first above written. IN PMUNCx OF: JOHN L0NG%%J.RTH r ROSEMAR ONG ORTH AC)O)OwLEDGMEKT W New YORK 9rAT19(RFL 304) ACKNOWLEDChow By SUaa AUMIG wrrmcos h State of New York, County of .%4W So.: State of County of }ss.: On Dec cmbtr 9', too,before rue.the undersigned, personallyappawedlak%n Lopu3or�ti ilcaef-.ory OD befaeme.Weuderdgned. t ,Or , personally appeared personally known to l proved to me on the basis of sads- fRctay evidence to be the individual(s)whose name(s)is(am) the subscribing wimess(ea)to the foregoing instrument,with subscribed to the within imarument and acknowledged to me whom I am personally aequaimtad,who, being by use duly rhathddWthgcwm xdthesameinhi AmAhdrespwky(im). swan.did depose and say that halsba they resides)in Wd- and that by hisibedtheir sigrname(s) on the instrument, the clam of esWrere is ht a Cox atrittde der meet Md atwr m m*n Yom individual(s), or the parson upon behalf of which the taeoon: individual(s)acted,executed a instrument. CNRYSA PASOUALONE Nowy pubge-State of Now York (jurat W 41 W"orsymod&AftAntos ) Na 02PAP)7t88at OutdtYed in Statolk Canty August S.20-QW- AQiNOWLKDGMVtT OUTSIDE New YORK aTATK(RFL 31") State of , County of MR.: tobetheindividual(s)described inand wboexeeutedthe fore- going hntrement:tial said subscribing wlmess(es)was(were) On before me,the undersigned, personally appearedpresent and saw add execute the am;and Glut said witr D ez)at the ssrme time personally known ID me or proved to me on the basis of satis. subscribed bislherhheir name(&)as a witneas(es)dusea. factory evidence to be the individuel(s)whose name(%)is(am) (QVaimonsideNew PortShanburrsaywpa"MAWPWMstd subscribed to the within instrument and acknowledged to me „m or careen or sans Fim aebtoada*ww rias And that add d abefthelthryexecuteddiewReinhiaRrefi6circa aeaty(N4 subscribing witness(es) made such appearance before the and that by hbftm/dx*signature(,) on the instrou ent.due undersigned in individual(s), or the person upon behalf of which the ) individual(s)acted,executed the inawmem,and that such in- dividual made such appearance before the undersigned in (Jaren dry or PvWkW rabdtYlrida mrd sou w toasty or adwr PkW aea0ade�eltal tetra) Jrlanmre ad odMr atdiu p> quitt anb %6 Pub srcnON 076.00 WaN CovwAKrAGAmaTGRANroR's Acre BLACK 09.00 TTLENo. 25-S-2114 Lor 073.000 COUYIYORTOWN 16l1Yt LONGWORTH TO Recorded at Request of CMCAGO TITLE INSURANCE COMPANY TV*K`s L. RENNEDY,Sv. I CIAKt .Kernwdy RETURN BY MAILTOs arAta)RnD FOAM OF NEwYORK BOYaa OOFTMA WWWWNRa I Alexander J. Crawford, Esq. Distributed by 6 South Gate P.O. Box 267 CHICAGO TRLE Shoreham, New York INSURANCE COMPANY • 2JpN0. 11786 Q •• COafaaT YOM I.AwrAln slaatao Tana.., •_,.. ,:..r,_....._ . wsnwueaT—Tsas wsrwwsNTsn sxswo se us&wrsas olar. : :8494 321 M-2278 i 17115 R/DEMNRF.nude the �4dayuf January .uincu.,r luuulnd m,d sixty-nine BETWEEN EDWARD NIDDS, residing at Southold, Suffolk County, New York, party of the first pan,and JOHN L40NGWORTH and ROSEMARY LONGWORTH, his wife, ^I as tenants by the entirety, both residing at 30-07 79th Street, > ti Jackson Heights, New York, T parry of the srcanA part. WITNESSETH,that the I avy"f dm hr.t pnn.in t,nm1.1-abort of - - - - - TEN ($10.00) - - - - - - - - - _ _ d.dtnr.. lawful mon.y,of the United State,. and other good and valuable consideration,p:i I by the party of thr amtnd fun.dnr,11"Thc er:mt and ,ha•. nu,o thr parrc„f,h. .rn•o.l p,n. ,h, I�dn ,t succeuur,and assign,of the lune.,i Ihr ,,omni earl iorerm. ALL that certain pini,piece nr pamrl of land,n, ahmlgal9mtpmt,n,nn�, bine and txing i nes, at Bay View, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:- BEGINNING at the intersection of the easterly line of a private road known as "Victoria Drive" with the southerly line of a private road known as "Liberty Lane"; from said point of beginning running along said southerly line of "Liberty Lane", South 68 degrees 27 minutes 10 seconds Beat, a distance of 100.22 feet; thence along land of Edward Nidds, two courses: (1) South 25 degrees 19 minutes 50 seconds West, a distance of 156.61 feet; thence (2) North 64 degrees 40 minutes 10 seconds West, a distance of 100.0 feet to said easterly line of "Victoria Drive"; thence along said easterly line, North 25 degrees 19 minutes 50 seconds East, a distance of 150.0 feet to the point of beginning. j TOGETHER with a right of way over said private roads known as "Victoria Drive" and "Liberty Lane", and also the private roads known as "Columbia Road", "Summit Road", "Colonial Road" and "Ed's Road". TOGETHER with the right to the use, in common with others, of a strip of land 50 feet in width as an easement for ingress and egress to Corey Creek, said strip of land being bounded on the East by land of Edson and on the West by land of Toedter and Dickinson. •I , • 2 • J Number of pages TORRENS RECORDED SerialU 2006 Jan 05 04t26t46'PH c CLERK OF Certificate f{ y'�00C �{7Y L DOOD12429 Pritir Ctf.p P .173 0T# 05•-22148 Deed t Mortgage Instrument Deed/Mortgage Tax Stamp Rectvding/Filing Stamps FEES Page/ Fit ing Fee Handling Mortgage Amt' TP-584 1. Basic Tax Notation 2.Additional Tax EA-52 17(County) Sub Total T_ Sub Total EA-5217(State) — SPWAssh. Or RP.T.S.A. Spec,/Add, TOT.MTG.TAX _— Comm.of Ed. s Q0_ Dual Town Dual County Affidavit Held far Apportion I Certified Copy a Tnlukr Tax -A Mansion Tax _ I ItFg.Copy The property overed by this moltgago uu or will be imp oved by a on Other Sub Total dwellinge nr two family onl Y or NO GRAND TOTAL Q If NO,see ap ' priaretax'clause on nflhia• tmmem. page# 1 1L'al 14operty7•ax Service Agency Verification Dist. Section6 Community ervatiott FundB toric . • Sum1 lot Coinaideralilon Amp ( 05051788 1000 07800 0900 073000 na____._ Dale ' GEC gb CPF '(•ax DuoInitials Improved ✓ I 7 Satisfactions/Dischaigcs//Rcleases List ropat l Vacapt Land RECORD alt R 'Prott t C) as Mailing Addras • TD TD TD Y Svu tt4+-,PD.y4, 267 ----� . Aj. 1 11A g ' Title Clilnpany Information . Co.'Name le a Suffolk Coon RecOrdiiig' & Endmemen Pa IUs Mge fotns npan of the attached C 1 (SpEan TYpT:OF FNIRRUWW) made by: s The Premises herein is sihtated in v -7—�-- MTOLK CWfN,NEW YORK. `�, to In the Tow&p of Mold L�IL t <TV- In the VILLAGE C r orfmwr'I'of BOXES 5 THRU 9 MUST DE TY' OR PRIMiaIBNCK NLY PRIOR TO�RD(N0 OR FILMG. i l Illi VIII VI I I ill Ill IIIN l���Illi IIII IIIIIIIIIIBuIUVU� SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instruments DEEDS/DDD Recordeds 01/05/2006 Number of Pages: 3 At: 04:26:48 PK Receipt Number s 06-0001434 TRANSFER TAX NUMBER: 05-22148 LIBER: D00012429 PAGE: 173 District: Section: Block: Lot: 1000 078.00 09.00 073.000 EXANINED AND CHARGED AS FOLLOWS Deed Amount: $547,500.00 Received the Following Fees For Above Instrument Exempt Exempt 'Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 No ZA-CTY $5.00 NO. 8A-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $2,190.00 NO Comm.Pres $7, 950.00 No TRANSFER TAY NONHER: 05-22148 Fees Paid $10,289.00 THIS PAGE IS A PART OF THE INSTRMmNT THIS IS NOT A BILL P E TYPE OR PRESS FIRMLY WHEN WR ON FORM FOR COUNTY USE ONLY INSTJi�ONS: http9/wwW.orps.state.ny.us or PRE (618) 4737222 257--r. 21 14 v v I cl.SM code LI p O REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK Ct. Data Dead Raeortfod " STATE ROAM OF BM PINDMA Y SERVICES [3.Bookcd ..Ba RP - 5217 FRiOPERTY INFORMATION t p"Werty�I 900 I Victoa is Drive 1 9a enact . •Burger L—KeT�inntiTIId�+ I Claire C1 I •Tax [n&jb where future Tu Nib are to be Nn 1 BRIM If Mhrd"bovradnmedtbrtorndferml I I Address Ast a .our%WX I I I ar.rms? Menlo I 3fTERtoww -MAN m occe 4.bnSe•ee dr number at Aacacdened RINy B Pane d.Parer Ch"as they apply; Rea yueplo trarhdaenad an the decal I . 1 I /d Parcels ORPart d s Parcel D K No-- BoaN with SebdWlar Autlrny halm ❑ Dead W-AWmal ass Repaired E progeny err X ORI - 3 .5 I ea.Buhl Appomd lar SuMWhI talo Map ptc ❑ Sao pm IC.Penal Mappow ❑ Lson. ) Lnnarunrth I Jhon mo tAn I Nea'-' carr xAnr 1 Longworth I Rosemary 1 —Zit T.CMA ttr ban bebrr watch meet acKwasly describes tM use?f tM poPeray at Sm time at eel,. CMch do buac bier an they nipper. L yrs*Tip•in Cmdomisium ❑ AOne Famhy Roddemhl E Agricultural 1 community Sam= B Now Construction an vacant larded ❑ • R 2 w]Family Resideraiat If Comm mill J IndWdd VA,FnepRy Located wttltin an Apiptisode n' ❑ C Residential Vacant Vrd G Apartment A� Publlo Sella IOL Buyer mashed a drJoaue actin hku&V ❑ D Nen-Reeldamlal Vane land 11 eYuw enumment/Ammem I. fame thin the property It in an AprgdbrW IYpdp SALE INFORMATION fL Clerk ea•or mora d tlr seedpnre ore apnpik"0, 11.Salo Contract Dace 1 11 10 29 2005J a sale B.bee.n R•l.w.e r Fwtrw ReI.Me MW R Salo Batreaerh Related Cwwml a w pa utters in&whew C Orr d the Buydes lo Woo a Bre, 1L Date of SW/Treader I / / W I D Buyor or SMlor Is OowenMrnr Agwhry or Urding Ing swan oey year F. Onad Type not Warranty w Bargain oral Bob al adh Bdded F Sala of Ffocftd w lea than Fast IBperYy Baiswl I 13.Fell Sale prior I 0 Elgtdvatt rArWe In I'mPmty Beseean TIAWO Stabs and Si Da S. d 7 S n n 1► ^ [ H Sale of Budnae is bckkw in Sale Price f • VWl Salo Pdeo is tM IoW demand paid for race property Inaba g personal prapeny. 1 Oliver ten Umrud FaeA1loCllop Sale Ria ISpedN Sdowl This paymentmay be in Br form of cash.other property,w goods,or the assarni d J Nene "w"On u or carr ohfpatlrr) Plates mord b dr wiper wfeeis Qoaer anconal 14,I III r" tM enab d pooOn ub n Proem ineieid N M si I ASSESSMENT INFORMATION-Dtta 1111110111111 speer Bed IateM Final Auaarnrd Roll and Tax Bill 16.year OF Aaaernrna Ar Iran, yrs iderrmadart erre„ 104J0++ 17.TsW Aaaaaacd vara ICI r parrlo ice trwfad I - 5 2U 0 1 F 7 y i 11I.Pt'apeny clan. 12 .1 , 01-L0.1 a added oisbre Nanhe l southnld 1 7a.Tu Mw kknWlwW/no Werdalerlel IN ewer Man fuer,ellaeh CMM aloft enidaead WeSlWWI 1000-078.00-09.00-073.00 I I I CERTIFICATION I eek'a"an or the haeu d h*Am dlm anu w thin New am true wall corner Ib the ant or m1 fonwledpe and be"ons 1 eidatdand IW the"unit d aqy walfW Oke alacmrnl d ondorW M kers w81 rdnJrcl eK te the pemeislors d Che e._on_ [Ica nrtls b the pakhK aped fMrhg d 04 bheWmnrt� BUYER BUYER'd AT ORNEY I Crawford 1Alexander, J. cart wrxAm FM MAW 900 IVirinria n ay. 631 1744-0306 . err I e erten rwr w+warn — ACA race +eamrra reerte o + hOTg I NY I 1l 71 amrw+oeu MAW ee,00ca NEW YORK STATE �IS COPY era . .t • JO ORTH TOWN OF SOUTHOLD PROPERTY RICORD CARD R STREET VILLAGE DIST. SUB. LOT ' 'Vv/c /o N-<R o OW ER N E ACR. S / W TYPE OF BUILDING /4 t/r-� G r IES. 9 SEAS. VL FARM COMM. CB. MICS. Mkt. Value , LAND IMP. TOTAL DATE REMARKSoop • 17 aZZJQ 9s h/go0 S-/G r ' �'YZ / a"3 a /41V /3 o v �/ a o ,o o �./2"leo /io Safe 16 8s r¢ two - I I iE: � ua �`®o aU ✓ ,2-/- 93tfl,/s ^- l6 T4�!✓�Qe-A�� // Rims 7 t -7 70D li 3 3 F 1 N {r `Ra is - 9- 3. M i �- Ea d ✓ tYkkr wtcx 7 -LMU aS - ark1eKAo h -Q _ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre -illable FRONTAGE ON WATER Voodland FRONTAGE ON ROAD , Aeadowland DEPTH Louse Plot BULKHEAD -otal DOCK r `StanMara N.Y.B.T.U.Form 8002- gain and Sale Deed,with Covenant against Grantor's Ads—Uniform Acknowledgment 'Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the / /day of February, 2002 ) BETWEEN BETTY JOAN GRAEB, residing at 490 Victoria Drive, Southold, New York 11971, / party of the first part, and BETTY JOAN GRAEB as Trustee of the Betty Joan Graeb Revocable Trust U/A dated February 1q, 2002, residing at 490 Victoria Drive, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100----- ----------- ---------------------($10.00)-------------dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the parry of the second part, OUfl the heirs or successors and assigns of the party of the second part forever, '7600Q4LL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bay View, near Southold, in the Town of Southold, Suffolk County, New York, bounded and described s follows: BEGINNING at a monument set at the intersection of the westerly side of Columbia Road and the northerly side of Ed's Road; .RUNNING THENCE along the northerly side of Ed's Road, North 60 degrees 02 minutes 40 second's West,100.25 feet • to a monument; a THENCE along the northerly and the easterly side of Victoria Drive, North 34 degrees 40 minutes 30 seconds West 115.56 feet to a monument(pipe); and North 25 degrees 19 minutes 50 seconds East 131.11 feet; THENCE South 64 degrees 40 minutes 10 seconds East, 200.00 feet to the westerly side of Columbia Road; THENCE along the westerly side of Columbia Road, South 25 degrees 19 minutes 50 seconds West, 196.89 feet to the point or place of BEGINNING. TOGETHER with the right of the party of the first part, if any, to use, in common with others, of a strip of land 50 feet in width as an easement for ingress and egress to Corey Creek, said strip of land being bounded on the East by land now or formerly of Edson and on the West by land now or formerly of Toedter and Dickinson. SAID PREMISES being known as and by street number 490 Victoria Drive, Southold, New York 11971. BEING AND INTENDED TO BE the same premises as conveyed to the party of the first part in deed dated July 23, 1999 and recorded In the office of the Clerk of the County of Suffolk on August 3, 1999 in Liber 11980 at page 259. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done,or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties"when ever 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: Betty J raeb TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York,County of Suffolk as: State of New York, County of Suffolk ss: On the 19 day of February , in the year 2002 On the day of , in the year , before me,the undersigned,personally appeared before me,the undersigned,personally appeared BETTY JOAN GRAEB personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose satisfactory evidence to be the individual(s) whose name(s) is name(s)is(are)subscribed to the within instrument and (are) subscribed to the within instrument and acknowledged to acknowledged to me that he/she/they executed the same me that he/shefthey executed the same in his/her/their in his/her/their capacity(ies), and that by his/her/their capaclty(ies), and that by his/herRheir signature(s) on the instrument, the individual(s),or the person upon behalf of which signature(s) on the instrument, the individual(s), or the the individual(s)acted,executed the instrument. person upon behalf of which the individual(s)acted, executed .4ristrumen Avowr in"di�v�idual taking acknowledgment) Public,Stele of Now lft* (signs re nd office of individual taking ac snow edgment) Os aillilialillimilon Oak TO Qu~ In Suftlk BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory, or Foreign Country)of as: On the day of in the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the In (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED SECTION BLOCK WITH COVENANT AGAINST GRANTOR'S ACTS LOT Title No. COUNTY OR TOWN BETTY JOAN GRAEB STREET ADDRESS TO BETTY JOAN GRAEB AS TRUSTEE OF THE BETTY Recorded at Request of JOAN GRAEB REVOCABLE TRUST COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OVULE UNDERWRITERS . Distributed by Commonwealth A LANDAMERICA COMPANY CommoNwEALTN LAND TITLE INSURANCE COMPANY w U LL 0 O u Z. 0 l w in a iy o C LL 1 r -11 6 d TPn O m o pS F m n 1 NT �O '� �D � 0w � c0 W U N UI -i "• ;D m w � D H 3 C W N W fC r�— ' 2 7 RECORDED Number of pages 2002 Mar- 19 11:19:43 RM Edward P.R.omaine TORRENS CLERIC OF SUFFOLK COUNTY Serial# L D00012175 P 299 Certificate# DT# 01-31312 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 15- _ 1. Basic Tax TP-584 2.Additional Tax Notation __ � Sub Total EA-52 17(County) _y� Sub Total SpecJAssiL Or EA-5217(State) _ �S Spec./Add. R.P.T.S.A. -"' yTOT.MTG.TAX Comm.of Ed. 5 Q4— Dual Town Dual County Held for Apportionment Affidavit + _ Transfer Tax Certified Copy � Mansion Tax The property covered by this mortgage is or Reg.Copy /_� will be improved by a one or two family Sub Total �(J dwelling only. Other YES or NO GRAND TOTAL If NO,see appropriate tax clause on page # of this instrument. 5 Real Property Tax Service Agency Verification 6' 1 Community Preservation Fund Dist. I Section I B lock I Lot Consideration Amount $ Stamp 02001251 1000 07800 0900 071003 CPF Tax Due S Date P T S Improved R DHO A Initials 18-MAR-0 Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD Abigail A. Wuskham, Esq. TD Wsckham, Wickham,& Bressler, P.C. 10315 Main Road P.O. Box 1424 Mattituck, New York 11952 8 Title Company Information Co. Name Title# 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain & Sale Deed made by- (SPECIFY y(SPECIFY TYPE OF INSTRUMENT) Betty Joan Graeb The prernises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Betty Joan Graeb Revocable Trust In the VILLAGE or HAMLET of Southold BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. f lj s 11111111 IIII iilll IIIII IIIII IIIII IIIII IIIII IIIII IIII IIlI 1111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/19/2002 Number of Pages : 3 At: 11: 19 :43 AM TRANSFER TAX NUMBER: 01-31312 LIBER: D00012175 PAGE: 299 District: Section: Block: Lot: 1000 078 . 00 09 . 00 071 .003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5. 00 NO COE $5 . 00 NO EA-CTY $5.00 NO EA-STATE $25 . 00 NO TP-584 $5.00 NO Cert.Copies $0 . 00 NO RPT $30. 00 NO SCTM $0 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0. 00 NO TRANSFER TAR NUMBER: 01-31312 Fees Paid $84 . 00 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County INSTRUCTIOIDhttp://www.orps.state.ny.us or PHON�118) 473-7222 FOR COUNTY USE ONLY �J G- C1. SWIS Code L74-. / �,n , ( ,J I REAL PROPERTY T13Y►NSFER REPORT STATE'OF:NEWIYORK STATE BOARD OF REAL PRCIPERW SERVICES C2.Date Deed Recorded Imonth—/ way / Toor 1 _ P 6217 C3.Book L/1, / Z51 C4.Page G/ RP.9217 trim 3m PROPERTY INFORMATION 1.Property I 1490 I Victoria Df-i.ve Location STREET NUMBER STREET NAME 1 Southold 1 Southold 1 11971 I OTYORTOWN - VILLAGE nPCOOE 2-Buyer I Betty Joan Graeb P=vocable Trust U/A dated 2/13/02 Dy Betty Jo a Graeb Trustee Name LASTNAME/COMPANY FIRST NAME LAST NAME I COMPANY RRST NAME 3.Tax Indicate whemMore Tax Bills are to be sent Billing if other than buyer address(at bottom of form) I +rdeb I Be ttV Joan I Address 'Er NAME/COMPANY FIRS NAME P.U. Box 946 `" I Southold I N Y 1 11971 I STREET NUMBER AND STREET NAME CITY OR TOWN STATE ZIP CODE 4.Indicate the number of Assessment ❑ (Only N Part of a Parcell Check Be they apply'. Roll parcels transferred on the deed I 1 I k of Parcels OR Part of a Parcel /A Running Boon!with Subdivision Authority Exists ❑ 5.Deed 48.Subdivision Approval was Required for Transfer ❑ Property I I X I I OR e S . 0 I 4C.Parcel Approved for Subdivision with Map Provided ❑ size FRONT FEET DEPTH ACRES 6.Seger I Graeb I Betty Joan I Name LAST NAME/COMPANY FIRST NAME I I UST NAME/COMPANY FinaT NAME 7..Check the box below which most accurately describes the ties of the property at the time of sale: Check the hours below as they appiy: B.Ownership Type is Condominium ❑ pX One Family Residential E Agricultural 1 Community Service g.New Construction on Vacant Land ❑ B 2 or 3 Family Residential F Commercial JF-1 Industrial „ 10A.Property Located within an Agricultural District ❑ C Residential Vacant Lend G Apartment - K Public Service 108.Buyer received a disclosure notice Indicating ED DU Non-Residential Vacant Land H Entertainment/Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions Be applicable to trarMar: -11.Sale Contract Date 1 A Sale Between Relatives or Former Relatives Month Day ear B Sale Between Related Companies or Partners in Business /. C One of the Buyers is also a Seller 12.Date of Sale/Transfer I 2 / ' / / 02 D Buyer or Seller is Government Agency or Lending Institution Month Day year E Dead Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) 13.Full Sale Pike I ,0 B D I 0 Significant Charge in Property Between Taxable Status and Sale Dat e H Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal properly. I Other Unusual Pectora Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Plesse round to the nearest whole dollar amount. 14.Indicate the value of personal I ,0 0 0 1 -. property included in the sale r ASSESSMENT INFORMATION-Data should reflect the latest Final`.Asseaement Rolland Tax BRI 16.Year of Assessment RON from pl , OJ which information taken 17.Total Assessed Value lot as particle in transfers I .6 .7 0 U I ! 7 7 18.Prop"Class 12 ,1 , 0 I—LI 19.School District Name I Southold � 20.Tax Map Identifier(s)/Roll Identifier(s)(N more than four,attach sheet with additional Identllferlc)) 1 1000-078.00-09.00-071/003 I 1 I I I I I CERTIFICATION I certify that ail of the items of Information entered on this form are true and correct(to the best of my knowledge and belief)and I understand that the making of any willful false statement of material fact herein wW subject one to the provisions of the pend law relative to the nadmrg and filing of fake i�tmm�enfs Betty can Graeb BUYER BUYER'S ATTORNEY .evocable Trust By: 1 !vi ,_'1 /: :<: Wickham 1 Abigail A. BUYER SIGNATURE - DATE LAST NAME FIRST NAME Betty Joan Graeb, Trustee 490 I Victoria Drive 631 298-8353 STREET NUMBER STREET NAME U ER SALE) AREA cope TEMMONE NUMBER Southold I NY 1 11971 CITY OR TONT( STATE ZIP CODE SELLER CITY/TOWN ASSESSOR COPY R ♦ FORM 26/33-BSD(9/95) PAGE 1 OF 2 Bargain and Sale Deed with Covenant against Grantor's Ads Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT— THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY ----------------- THIS INDENTURE,made the �2g--t day of 'Tu/Y nineteen BETWEEN ALFRED MARKIEWICZ and ROSE MARKIEWICZ ,, huisewinfe ,ninety-n in, residing at 490 Victoria Drive , Southold, New York 11971 party of the first part,and BETTY JOAN GRAEB , t3ith a mailing address at Pe5d.;-'5.A7- P.O . Box 946 , Southold, New York 11971 DiGTlbta SEC'i'liuU B:r.CK LC, party of the second part / V r_-+- J OUT WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration by the Party of the second part,does hereby grant and release unto the party of the second part,the heirs or succes - sors and assigns of the party of the second part forever, ALL that certain p104 piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being3imf3ls at Bay View, near Southold , in the Town of Southold, Suffolk County, New York , bounded and described as follows : BEGINNING at a monument set at the intersection of the westerly side of Columbia Road and the Northerly side of Ed ' s Road; RUNNING THENCE along the northerly side of Ed ' s Road , North 60 degrees , 02 minutes 40 seconds west , 100 .a3 feet ' qp� monument; THENCE along the northerly and the easterly side Of Victor & Drive ; north 34 degrees 40 minutes 30 seconds west 115 . 56 feet to a Designation monument (pipe) ; and north 25 degrees 19 minutes 50 s conds east 131 . feet ; THENCE South 64 degrees 40 minutes 10 secondstot00:00 feet to Dist the westerly side of Columbia Road; THENCE along the westerly side of /0ou /S Columbia Road, South 25 degrees 19 minutes 50 seconds west , 196 .89 feet to the point or place of BEGINNING . S s 7g TOGETHER with the right of the Seller, if any, to use , in common with others , of a strip of land 50 feet in width as an easement for Blk. ingress and egress to Corey Creek , said strip of land being bounded 9 on the east by land of Edson and on the west by land of Toedter and Dickinson . Lot($) SAID PREMISES being known as and by street number 490 Victoria 7/. 3 Drive , Southold , New York 11971 . BEING the same premises conveyed to the parties of the first part herein by Deed dated 2/ 14/83, recorded 3/8/83 in Liber 9324 , c . p . by Deed dated 7/25/83 , recorded 9/ 19/83 in Liber 9427 ,c . p . 187 , 189 a TOGETHER with all right,title and interest, if any,of the party of the fent part of, in and to any streets and roads abutting the above-described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the fust part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND thdparty of the first part covenants that the party of the fust 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 fust part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trial fund to be applied fust for the purpose of paying thftMt of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the fust part has duly executed this deed the day and year first above writtm IN PRESENCE 42-2 • 00470 • C2 3 11980PC259 $ REC RECORDED Number of pages 3 REAL ES•PATE TORRENS - AUG 0 3 1999 99 AUG -3 Py 3: 12 Serial# EDWARD R ONAINE TRAK18F[:RTAX CLERK OF Certificate# GUFFOLh SUFFOLK COUNTY COUNTY Prior Ctf.# 00 479 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES r Page/Filing Fee Mortgage Amt. Handling _ 1.Basic Tax _ TP-584 2.Additional Tax _ Notation Sub Total EA-52 17(County) _47 _ Sub Total _( Spec./Assn. EA-5217(State) i Or Spec./Add. _ RP.T.S.A. _�SOa TOT.MTG.TAX Comm. of Ed. 500— 9, 4. Dual Town—Dual County AffidavitHeld for Apportionment Transfer Tax 1000 Certified Copy ` ��� Mansion Tax _ The property covered by this mortgage is o Reg.Copy J will be improved by a one or two fami Sub Total `7 dwelling only. Other �j ✓ YES orNO GRAND TOTAL 6 / If NO,see appropriate tax clause on page (gof this instrument. Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section B lock Lot Consideration Amount $ 000 0 7'r do09, 00 / 003 CPF Tax DueCIA p v Improve In RECEIVED _ 90t Vacant Land_ 7 isfactions/Discharges/Releases List Property Owners Mailing Ad res TD _L� RECORD& RETURN TO: AUG 0.3 1999 TD COMMUNITY TD '4-1A' �^�� RESERVATION - FUND m � A. -I, 117s-;2 B Title Company Information Co. Name Title# Fir oZ r 9 Suffolk Count Recordin & Endorsement Page This page forms part of the attached made by: /nn .nn (SPECIFY TYPE OF INSTRUMENT) A4 /.(/ Y//Q" ." a 1 ""`:1 The premises herein is situated in >- SUFFOLK COUNTY,NEW YORK TO In the Township of 15 41 J& Q Q L�O ? )d=a. (2,1Q- In the VILLAGE or HA CET of BOXES 5 T IRU 9 MUST BE TYPED OR PRIMED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. � r . �324r1Cf 1i7� iZ•���t� Sladdard N.Y.B T.U. Form 8002-2-73—Bargain and Sale Deed with Covenant against Grantor's Acts—Individual or Corporaieon ;singles heelI ^y CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the 4th day of February nineteen hundred andEighty—three BETWEEN JOSEPH Me KILKENNY and MARY Be KILKENNY, his wife, both residing at 490 Victoria Drive, Southold, New Yerk 11971, party of the first part, and ALFRED 14ARKIEWICZ and ROSE MARKIEWICZ0 his wife, both residing at 2118 Renfrew Avenue, Elmont, New York, r.x: DISTRICT SECTION �BLOCCC� � L..l.•rti�� ^° 11.l,1.�.3 E 171 " 21 26 party of the second part, 8 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 heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situ- IST ate, lying and being JGXXXX ,at Bay View, near Southold, in the Town, of Southold, X00 Suffolk County, New York, bounded and described as follows: EC - 78.00 BEGINNING at a monument set at the intersection of the Westerly siic LGCK of Columbia Road and the Northerly side of Ed' s Road; ; 9.00 RUNNIigd THENCE along the Northerly side of Edts Road, North 60 degi 69.000 02 minutes 40 seconds West, 100,00 feet (field 100.25) to, a monument; THENCE .alon the Northerly and the Easterly side of Victoria Drive, Nori 34 degrees 40 minutes 30 seconds West 115.56°feet to a monument (pipe Z; and North 25 degrees 19 minutes 50 seconds East, 1,51.00 feet to a monume 8�! THENCE South 64 degrees 40 minutes 10 seconds, 100.00- feet to a monument THENCE South 25 degrees 19 minutes 50 seconds West 39.90 feet to a mon- ument; THENCE South 64 degrees 40 minutes 10 seconds East,' 100.00 feet a Monument in the Westerly side of Columbia Road; THENCE along the hesi erly side of Columbia Road, South 25 degrees 19 minutes 50 seconds West, J/ 177.00 feet to the point or place of BEGINNING. TOGETHER with the right of the Seller, if any, to use, in common wi others, of a strip of land 50 feet in width as an easement for ingress and egress to Corey Creek, said strip of land being bounded on the east by land of Edson and on thewest by land of Toedter and Dickinson. SAID PREMISES being known as and by street number 490 Victoria Drive, Southold, New York 11971. BEING and intended to be the same premises conveyed to the grantors herein by deed recorded in Liber 8542, Page 559. TOGETHER with all right. title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appur- tenances 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 unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part. in compliance with Section 13 of the Lien law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con- sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party"shall be construed as if it read "parties'whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. - 1N PRESENCE OF: v -TnFzPnri _ Ki.lkenny R E C 0 R f r MAR 8 1983 ARTHUR 1. FELICE + Clerk of Suffolk County .ICf� 1 t �' 4% f! 0.,.. r t ,:l Lou.. , ..Ir Lt.�.:�i�a,puut. n � .�y'• :h.-u 6033 ,...tboe a b. V B - i .. CONSULT YOUR LAWYER BEFORE SIGNING Tf:15 INSTRUNIrNT—THIS INSTRUMENT SHOULD BE USED 6Y LAWYERS ONLY. THIS INDENTURE, made the,5) -n} day of July nineteen hundred and Eighty-three BETWEEN JOSEPH M. KILKENNY and MARY B. KILKENNY, his wife, both residing at 750 Victoria Drive, Southold, New York 11971, party of the first part, and ALFRED tdARKIEWICZ and ROSE MARKIEWICZ., his wife, both residing at 490 Victoria Drive, Southold, New York 11971 � 0000 SECTION BLOCK 1-® ^• L•O j•�, party of the second part, ® � Ep wn'NEWETH,that the paj of_the fin pain consideration of ten dollar and other valuable consideration ei-'4r paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs („rs 5x 1,5b or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ( lying and being in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the westerly line of Columbia Road at the northeasterly corner of land conveyed by the party of the �tS� JfiDe first part to the party of the second part; running thence along said land two courses : v C c, D t;� (1) N. 640 40"10" W. - 100.0 feet, thence gWcta 64•av (2) N. 250 19' 50" E. - 19.89 feet to other land of said party of the first parts thence along said other land S. 640 40' 10" E. - 100.0 feet to said westerly line of Columbia Road; thence along said westerly line S. 2$0 19' 50" W. - 19. 89 feet to the point of beginning. Containing 1,989 square feet. RECEgED REAL ESTATE SEP 19 IM s�33 TRANSFER TAX SUFFOLK COUNTY TOGETHM with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center linea thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO �T HOLD the premises heron granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lim Law, covenants that the party of the first part wnll receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied fust 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. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises in,fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premses;that;the said premises are free from incumbrances, except as aforesaid; that the (� party of the first part will execute procure any further necessary assurance of the title to said premises;and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties' whenever the sense of this indenture so requires. �( IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. (� f:r E OF: .7 ADTUIID t rre ,r CIw a-qst -4aadard N.Y.B.7.U.Fmm>� . ..Bargain ar6 fWeD"d.witfi CwJeniet Sgainasaor i Ane-Ind"id.11 w Corporation(Singk Shen " CONSULT YOUR LAWYYEERR 9EEORESIGNING THIS-INSTRUMENT- 141S INSTRUMENT SHOULD BE USED BY LAWYERS ONt L ER G A fti THIS INDMTURE,made the of, �&,/ninetecn hundred and seventy—eight �.lCp BETWEEN WILLIAM HAM2GTON and MARJORIE H. 14APIIITONs his wife, presently / residing at #490 Victoria .Drive, Southold, Suffolk County, N. Y. , G 4 4STRICT. SECTION BLOCK L�OT party of the first part,. M co r' JOSEPH M. gILKEE&Y and M& B. KI , his wife, presently (, residing at x#45-27 171st Street, Flushing, New York 11358, party of the second part, WGTd ESS1r'M that the party of the firstppaarrtt,, In consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and relem-unto the party of the second part, the heirs or successors and assigns.of the party of the second part forever, I AIL'that certain plot, piece or parcel of land, with the buildings and improvements therm erected, situate, _//S lying and bdng at Bay View, near Southold, in the Town of Southold, New York., bound. ed-,_ane 3escr b:ed _as_._follows: BEGINNING at a monument set at the intersection of the westerly 'si SQ C of Columbia Road and the northerly side of Fad's Road; running;ther along the Northerly side of Ed' s Road, north 60 degrees 02 mindteE © ��� 40 seconds west , one hundred (100) feet (field 100.25) to a monumf thence along the northerly and the easterly side of Victoria DrivE north 34 degrees 40 minutes 30 seconds west one hundred fifteen ax 56/100 (115.56) feet .to a monument (pipe) ; and north 25. degrees 1� foominutes 50 seconds east, one hundred fi=fty—one (151 feet to a mor men.t; thence south 64 degrees 40 minutes 10 seconds, one hundred (100) feet to a monument; thence south 25 degrees 19 minutes 50 seconds west ..39.90 feet to a monument; thence south 64 degrees 40 minutes 10 seconds east, one hundred (100) feet to a monument in t westerly side of Columbia Road; thence along the westerly side of 1000 Columbia Road, south 25 degrees 19 minutes 50 seconds west , one ht (�/ dred seventy—seven (177) feet to the point or place of BEGIIINING. SUBJECT to any state of facts an accurate survey may show. . SUBJECT to covenants, restrictions, public utility easements and utility agreement, if any, of record. TOGETHER with the right of the Grantor, if any, to use, in common with others, of a strip of land 50 fees in width as an easement f( Go ingress and egress to Corey Creek., said strip of land being boundE Q on the east by land of Edson and on the west by land of Toedter ai Dickinson. TOGETHER with all right, tide and interest, if any, of the party of the first.part in and.to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the.party of the first part in and to said premises; TO HAVE AND To HOLD the premises:herein granted unto the party of the second part, the remises; successors and assigns of the party.of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid AND the party of the first part, in compliance with. Section 13 of the Lien Law, covenants that the party of the'first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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 asif it read "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 i written. Ix 11MEN or: �5- RiAL STATE DEC 11978 TRANSFER TAX _coui y �,�;.. ARTIIIIR i Mils ; s TOWN OF SOUTHOLD PROPERTY RECORD CARD OWJVER STREET 7 VILLAGE DIST.1 SUB. LOT -=FcRMi R OWNE N E A� Ir f ON WOY�'�1-I�OY9 v Ck�`rfi f�!//C nn y S r W TYPE OF BUILDING _ fvt 14.1,0 61ele V,Alc�m, d- _ BR� RES. a p SEAS. VL FARM COMM. CB. MICS. Mkt. Value ' LAND IMP. TOTAL DA E REMARKSCo�n g 1'1 47-dl. . 7 6 0 93a6 i -�.�, //9S-qZ sri . 6 /fir✓g -To_ r,r/1N :.iU /fearr 7�d ,70F v/PZ q'c44vie 16x/60 Fl,/�ezyyy _ d,¢ e w,,. N:C, �n/90 - Np*I'Fo5'l- (,vons4, beckg6D ,t-;od ,to4,e14� be- 8"0 / ec8 / 41,16ant4t>j we /s AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD • Meadowland DEPTH 2-&6' Hous%.5QL� BULKHEAD 'Fatal DOCK OWNER STREET VILLAGE DIST.1 SUB. LOT r FORM R OWNER ./l J E i ACR. 10,A:fZ e /✓rY • tl U ewe c W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB, MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS GaJc6iivecI c✓i 7P-9 7/ 300 (p/3/70 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH o o r House BULKHEAD Total DOCK rorm 8002(9/99)-20M—Bargain and Sale Deed,with Covenants against Grantor's AcAdividual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-7TRS INSTRUMENT BNOULD EE USED ET LAWYERS ONLY. THIS INDENTURE, made the G/ day of QGi 6FIL 2000 and BETWEEN MARY B. KILKENNY, residing at 750 Victoria Drive, Southold, New York 11971 as surviving tenant by t entirety. Joseph M. Kilkenny, the other tenant by the entirety, died of 9/20/94, party of the first part,and FRED W. EDEBOHLS and EILEEN M. EDEBOHLS, residing at 211-18 33rd Road, Bayside, New York 11361 party of the second part, WITNESSETH,that the party of the first part,in consideration 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, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate, lying and bcingjLXU at Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Victoria Drive distant 150 feet southerly from the corner formed by the intersection of the southerly side of Liberty Lane with the easterly side of Victoria Drive; THENCE the following (3) courses and distances along lands now or formerly of Longworth and Arminio: 1) South 64 degrees 40 minutes 10 seconds East 100.0 feet; 2) South 25 degrees 19 minutes 50 seconds West 13.78 feet; 3) South 64 degrees 40 minutes 10 seconds East 100.00 feet to the westerly side of Colombia Road; THENCE along the westerly side of Colombia Road, South 25 degrees 19 minutes 50 seconds West 156. 11 feet to lands now or formerly of Markiewicz; THENCE along said land, North 64 degrees 40 minutes 10 seconds West 200.00 feet to the easterly side of Victoria Drive; THENCE along the easterly side of Victoria Drive, North 25 degrees 19 minutes 50 seconds East 169.89 feet to the point or place of BEGINNING. TOGETHER with the right of the Seller, if any, to use, in common with others, of a strip of land 50 feet in width as an easement for ingress and egress to Corey Creek, said strip of land being bounded on the east by land of Edson and on the west by land of Todeter and Dickinson. BEING the same premises conveyed to Joseph M. Kilkenny and Mary B. Kilkenny, his wife, by Deed dated 3/ 11/83, recorded 3/23/839 in Liber 9330, Page 574, and by Deed, dated 3/11/83, recorded 3/23/83, in Liber 9330, Page 576 and by Deed, dated 7/23/83, recorded 9/ 19/83 in Liber 9427, Page 185. SAID premises beingR� interest,as and by 750Victoria Drive, Southold, New York. TOGETHER with ail right. title and if any. of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises-.TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part. in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consider- ation as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party"shall be construed as if it read"parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed This deed the day and year first above written. 1N 11NIiS1iN('I° F: )k AY B. KILKENNY t 4-2078PC132 ' " V76" RE I+VE� RECORDED abcr of pages � $ Q T RRENS REAL ESTATE I-& ia10 OCT 13 2000 00 OCT .13 PH 3: 29 EOii',`:RO P. ROMAINE iificateN TRANSFERTAX SUFFOuc CLERK OF SUFFOLK COUNTY or cut:11 COUNTY Deed/Mortgage Instrument Decd/Mortgage Tax Slump Recording/Filing Stamps FEES ;e/Filing ace Mortgage Ant. ndling I, Baste'!'ax -584 2.Additional Tax tallon Sub Total 02 17(County) Sub Total `� Spcc./Assit. 0217(State) Or saes./Add. — EMS.& �►� 1'01'. MTG.TAX xnnn,of Ed. 5 Q9__ Dual Town Dual County A,+ :*. 1leld for Apportionment llidavit ♦ Tran31'cr'1'ax 760 ertifncd Copy Mansion Tax The property covered by this mortgage is or eg.Copy will be improved by a one or two fain ily Sub Total dwelling only. 'thci YES or NO GRAND T6YAL if NO,sec appropriate tax clause on page it of this'instrument. Real Property Tax Service A Verification G Community Preservation Fund Dist. Section B lock Lot Consideration Amount $ �90,tao0 rLL�N//t�i:':r /DCVO OD 0900 CI f'l'ax bus $c2- 30 U tatl Improved TECEIVF cilia `— $ �G Vacant Land Satisfactions/Discharges/Relesses List Property Owners Mailing Address 'I'D RECORD& RETURN TO: OCT 13 2000 'I'D COMMUNITY TD / PRESERVATION v FUND wv�r/o�- �/ 8 Title Company Information Co. Namc Eevofc 5rerc'r =Calc. Title 9 6,All- 5- o/o?N 9 Suffolk Cointy Recording & Endorsement Page 'Ibis page runts part of the attached / ,E`c _ made by: (SPECIPY'IYPI 01- IN' the prani.cs heirin is situated in SUfPOLK COUNIY,NEW YORK. TO In the Township of < pv�yoo InUtcVILLAGE or HAMLL-l'of IIOXES 511-IRU 9 MUST BETYPED OR PRINTED IN BLACK INK ONLY PIUORTO RECORDING OR 11LWG. (OVER) INSTRUCTIONWtMH www.orps.state.fly.us or PHON�8) 473-7222 FOR COUNTY.USE ONLY Cl. SwIS Code I `/ , / 1 ."':' 41 , r'• , ' I REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2. Date Deed Recorded / I STATE BOARD OF REAL PROPERTY SERVICES Month Day year //;' C3.13ook I / -41 O' .�'I C4. Page l RP - 5217 RP-SLIT Rev seer PROPERTY INFORMATION 1.Property) 750 I Victoria Drive Location STZ NUMBER STREET NAME Southold Southold I 11971 1 CRY OR TOWN I VIUAGE DP CODE 2. Buyer I Edebohls I Fred W. and Eileen M. Name IAST NAME I COMPANY FIRST NAME 1 LAST NAME/COMPANY I MAST NAME 3.Tax Indicate where future Tax Bills are to be sent Billing t other than buyer address(at bottom of form) I I 1 Address (AST NAME/COMPANY FIRST NAME I I I I I STREET NUMBER AND STREET NAM CITY OR TOWN STATE ZIP CODE 4.Indicate the number of Assessment (Only R Part of a Parcel)Check as they apply; Roll parcels transferred on ties dead 1 0 ,0 .1 I #Of Parcels OR ❑ Part of a Parcel 4A Planning Board with Subdivision Authority Exists ❑ 5.Deed 4B.Subdivision Approval was Required for Transfer ❑ Property 1 I X 1 I OR • ] 5 I 4C.Parcel Approved for Subdivision with Map Provided ❑ Size r SET DFPTN ACRES B.Setter I Kilkenny I Mary B. Name ""MAST NAME/COMPANY MAST NAME I I 1 LAsr NAME/COMPANY FlRST NAME 7_,C6eck the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply. •" S.Ownership Type is Condominium ❑ s.' ❑ A Otte Family Residential E Agricultural ICommunity Service 9.New Construction on Vacant Land $ 2 or 3 Family Residential F Commercial 7Industrial 100.Pro ❑ petty Located within an Agricultural District C Residential Vacant Land G Apartment KH Public Service 10B.Buyer received a disclosure notice Indicating ❑�D NGn-Residential Vacant Land H Entertainment/Amusement LFOnset that them p petty is in an Agricultural District _ SALE INFORMATION 15.Check one or more of these conditions Be applicable to transfer: 1.Sale Contract Date04 J 00 I A Sale Between Relatives or Former Relatives -w Monty Day Year $ Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Data of Sale/Transfer 10 / 04 / 00 D Buyer or Seller is Government Agency or Lending Institution Month Day year E Deed Type not Warranty Or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) f3.Full Sale Price 1 2 9 Q 0 0 QG Significant Change in Property Between Taxable Status and Sale Dates 0 0 I H Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of ] None mortgages or other obligations.) Please found to the nearest whole dollar amount. 14.Indicate the value of palsonal 1 0 0 0 property Included M the sale ASSESSMENT INFORMATION-Date should reflect the latest Final Assessment Roll and 1m9 99/ 16.Year of Assessment Roll from - which informadim taken IBB ,OQ 117.Total Assessed Value(of all parcels In transfer)I 7 8 Q 0 1 le.Property Class 12 , I . 0 I—IJ 1S.School District Name Southold / /J / / 20.Tax Map Idwi ifier(s)/Roll Idamlfrer(s)(K more than four,attach sheet with addldonal identNkr(s)) 1 1000-073.00-09.00-071.002 1 1 I I I I CERTIFICATION I certify that all of the Items of information entered on this form are hue and correct(to the best of my(knowledge and belies and I understand that the making of my wWN false Statement of material fact herein will subject me to the provisions of the penal law relative to the an"and ting of fake instruments. n B BUYER'S ATTORNEY �4�///ZrrQ iiue4Ese.II; . I RudolOh H pAT LAST 1 C FIRST NAME Fred W. Edebohls/Eileen NL. Edebohls 211-18 1 33rd Road 631 I 765-1222 STREET NUMBER STREET NAME(AFTER SALE) AREA CODE rELEPNONE NUMBER Bayside NY 1 11361 CRY OR Toy" STALE ZIP CODE SELLER CITY/TOWN ASSESSOR COPY ns-ob-rood Sr,:.'p07,' Y.B.;.U i :,: c';• .: d !x'1:4P,W ro :x.:,-' ..i„ •. , ,.. .. , (,n6;c ,..:r) n CONSULT YOU4 LAIYYEit BEFORE Sll,m4;G TICS H11STR'UM1r P1T—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY, 8�2 I r_ ------ 6C32 13GR t PAGE t� THIS INDENTURE, made the A39-P day of July nineteen hundred and Eighth—three BETWEEN ALFRED MARKIEWICZ and ROSE MARKIEWICZ , his wife, both residing at 490 Victoria Drive, Southold, New York 11971 party of the first part, and JOSEPH M. KILKENNY and MARY B. KILKENNY, his wife, al both residing at 750 Victoria Drive, Southold, New York 11971 DISTRICT SECTION BLOCK LOT h` Cln^' party of the second pat Q� �4 J I VaTNESSETH, that the, of the AFjs art„in„consideratiO4 ten.dvllzls.a;!d.dfiLmJvabls.saa eefation paid by the party of the second par`l!- oes hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the gecond part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in theTown of Southold, Suffolk County, New York, bounded and described as .follows: BEGINNING at a point on the easterly line of Victoria Drive at the northwesterly corner of land conveyed by the party of the second part to the party of the first part, said point being the southwesterly corner of other land of said party of the second )obo part; running thence along said land two courses: (1) S. 640 40' 10” E. - 100, 0 feet; thence �� e moo (2) S . 25019' 5Q" W. - 19. 89 feet; thence through land of the party of the first part N. 640 40' 10" W. - 100, 0 feet 4a- to said easterly line of Victoria Drive; thence along said east- /00;q erly line N. 250 19' 50" E. - 19. 89 feet to the point of beginning. 71. C)c? Containing 1, 989 square feet. -- Rci;EIVD $---- ------ REAL STATE T 6032 SEP 19 1983 TRANSFER TAX SUFFOLK COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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 I any other purpose• IAND the party of the first part covenants as follows: that said party of the first part is seized of the said I premises in fee simple, and hasgoodright to convey-the same; that the party of the second part shall quietly i1 enjoy the &aid premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and Y that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN tAIWESS WHEREOF, the of the first I , party pari has duly executed this deed the day and year first above I written, . , i - •___ IN PRIaL1rE OF: .� r.2 n n n n ,• .. ,.�.. . „ ,,,.,1 ARTHIIR 1 rri irc LiBA330PAGE574 X1987 s Standard N.Y.B.T.U. Form 8003-2-73—Warranty Deed With Full Covenants-Individual or Corporation (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the 1111f day of M4-Ac f4 nineteen hundred and eighty-three BETWEEN MARY B. KILKENNY, residing at 490 Victoria Drive, Southold, NY 11971 3 party of the first part,and JOSEPH M. KILKENNY and MARY B. KILKENNY, his wife, both residing at 490 Victoria Drive, Southold, NY 11971 DISTRICT 17 7 ON BLOCK ��/�L(OT��'�'��(`�'j� (o JS tom• j O d 6 f party of the second part, 5 12 17 21 26 411�i LE El� E3WITNESSETH, that the patty of the first part, in consideration of Ten Dollars and other valuable con- - f sideration paid by the party of the second port,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, \ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situ- ate, lying and being.in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as fellows: BEGINNING at a monument set on the westerly side of a private road known as Columbia Road distant northerly as measured along the westerly side of Columbia Road, 177 feet from the corner formed by the intersection of the westerly side of Columbia Road and the p northerly- side of Eds Road and which point of beginning.' is intended to be the point of intersection of the northerly side of premises o i J now .or formerly of William Hamilton and Marjorie H. Hamilton, his wife with the westerly side of Columbia Road; RUNNING THENCE 49M 64640,10" we 100 feet to a monument; RUNNING THENCE 6"th 25019,50"east 176 feet to a monument; L_4Z RUNNING THENCE south 64°40110" east 100 feet to a monument set on the westerly side of Columbia Road; I\,04 , RUNNING THENCE along the westerly side of Columbia Road, 25' ,e 19'50" west 176 feet to the point or place of BEGINNING. o : The premises herein described consist of vacant land and all m provisions referring to improved property shall not be deemed applicable to this agreement. TOGETHER with the right of the Seller, if any, to use, in common with others, of a strip of' land 50 feet in width as an easement for ingress and egress to Corey Creek, said strip of land being bounded on the east by land of Edson and on the west by land of Toedter and Dickinson. 1;)i TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets © and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appur- tenances 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 unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. :. AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyanceandwill hold the right to receive such con- sideration 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. AND the party of the first part covenants as follows: that said party of the first part is seiz6d of the said premises in fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word"party"shall be construed as if it read "parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. f 1 IN PRESENCE OF: Public' Store al Naw ^ J /%(!/ C !t iC µmonNa. S4,.ta2aes X/ B. KIIAENNY oualllled In Sffolk C---'y u9�.. v romml,a n E•pi,os March /Jo RECORDED ARTHUR J. FELICE t1A0 oo 'toax Cfark of Suffolk Coutty. 0 7 Y3dG u.m.aw Srandmd N.Y.B.T.U.Form Bargan and S.k Deed wi,h Covenanr*10'"*10r,Aga—Indwidual o,-Corpomion(Single Sha„) CONSUL T YOUR,LAWYER SWORE SIGNING THIS INSTRUMENT.-THIS WSTRUMENT SHOULD BE USED BY LAWYERS OP. A U91 1185 42 .?AG-F �! THIS INDENTURE,made the 119 Cx<day of ! nineteen hundred and seventy—eigl BETWEEN 1 nuRJORIE H. HAMILTON, presently residing at ##490 Victoria Drive,_ Southold, Suffolk County, New York, DISTRICT. SECTION BLOCK S�LOT a 2t ;.-- party of the first part, and 26 gg 1J � ® 77"� .z” MARY B. KILKENNY, liresently2 residing at I�+5-27 171st Street , Flushing, New York 11358, party of the second part, WrrNFS.SE ,H,that the party of the first part,in consideration 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, the heirs or successors and assigns of the party of the second part forever; PIS T ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, f ir-gmtd_beings-.in the. Town o_f-Southold:, County of Suffolk, State of M" York, more particularly bounded and described as follows: Se G BEGINNING at a monument set on the westerly side of a private roae 9 known as "Columbia Road" distant northerly as measured along the v —/ '0 westerly side of "Columbia Road", 17? feet from the corner formed the intersection of the westerly side of "Columbia Road" and the /Gj northerly side of "Ed' s Road" and which point of beginning is inte �AK to be the point of intersection of the northerly side of premises () or formerly, of William Hamilton and Marjorie H. Hamilton, his wife with the westerly side of "Columbia Road" ; running thence north E r degrees 40 minutes 10 seconds west, 100 feet to a monumef3t; runnix thence north 25 degrees 19 minutes 50 seconds east , 176 feet to a O 7QMZ monument ; running thence south 64 degrees 40 minutes 10 seconds e 100 feet to a monument on the westerly side of "Columbia Road" ; rL ning thence along the westerly side of "Columbia Road", south 25 degrees 19 minutes 50 seconds west , 176 feet to the point or plat; BEGIv�TIf3G. 4 SUBJECT to any state of facts an accurate survey may show. SUBJECT to covenants, restrictions , public utility easements and utility agreement , if any, of record. .� TOGETHER with the right of the Grantor, if any, to use, in common others, of a strip. of land 50 feet in width as an easement 'for ins 00 CQ and egress to Corey Creek, said strip of land being bounded on the T east by land of Edson and on the west by land of Toedter and Dicki- TOGETHER with all right, title and interest, if any, of the party of the fust part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of;the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the.sard premises have been encumbered in any way whatevtr, except as aforesaid AND the party of the first part; in compliance with Section I3 of the Lien law,.covenants that the party of ;he first part wiIl receive tht consideration for this conveyance and wili hold the right to receive such consid- eration as a trust fond to be applied first for the purpose of paying the cost of the improvement and wt11 apply the same first to the payment.of the cost of the improvement before nsingany part of the total of the same for any other purpose The word"party" shall he construed as if it read ,parties" whenever the sense of this indenture so requires. IN WrFNFSS WHEREOF,the party of the first part bas duly a m=W this deed the day and year first above written. t� I72 PaI/'S OF: DEG 1 1978 � 'W TRANISFEit TAX 11 cl tFC(�t 9C , u teen S,andml N.Y.B.T.U.Form ICN Bustin addSaM Offal;"h CevM,nr spin" A.0).dnidwl or Corpontien(Sink shmi)� CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—TNIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY AM, PAU563 i d Tf IS411pF111TURE,made the J�q 1'76day of/lt,� / , nineteen hundred and Seventy—eight N'Y5 BETWEEN OOV WILLIAM BA!"irLTON, presently residing at x}490 Victoria Drive, .Southold, Suffolk Count New York DISTild SEG'f:PON BLOCK LOT s' party of the first part; and Fg - i2 `. m f Ul" 2 JOSEPH M. KILKENNY, presently .residing at #45-27 171st Street, y Y,, Flushing, New York 11358, t ply of the second part, Wl'I ESSETH,that the party of the first part,to consideration 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, the heirs or successors and assigns of the party of the second part forever, . / ALL.that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, / 4 lying and being at Bay View, near Southold, in the Town of Southold, 06ih�.6T uu�f-olk -aifd--Stag -bT-New-York; bounded ate- described as follows: � 7 g°0 BEGINNING at a point in the easterly line of "Victoria Drive" 150.,0 feet southerly along said easterly line from . "Liberty Lane", said point of beginning being the southwesterly corner of land of Long- worth; from said point of beginning RUNNING along said land of Longworth, South 64 degrees 40 minutes 10 seconds East, a distance of 100.00 feet; THENCE along land of the party of the first part and along land of _ amilton, South 25 degrees 19 minutes 50 seconds West, a distance o. 50.0 feet; THENICE along land of Hamilton, North 64 degrees 40 minutes 10 sec- onds West , a. distance of 100.0 feet to said easterly line of "Victo: Drive"; THENCE along said easterly line , North 25 degrees 19 minutes 50 sec onds East, a distance of 150.0 feet to the point of BEGINNING. SUBJECT to any state of facts an accurate survey may show. SUBJECT to . covenants restrictions, public utility easements and .�+ utility agreement, i- any, of record. � TOGETHER with. the right of the Grantor, if any, to use, in common v C:. others, of .a strip of land. 50 feet in width as an easement for ingr and egress to Corey Creek, said strip of land being bounded on the east by land of Edson. and on the west, by land of Toedter and Dickin TOGETHER with all right, &tle and interest if any, of the party of the firstpart n and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights,of the party of the first part is and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the pasty o£ the first part will receive.the considerahoa for.this conveyance and w171 hold the right to receive such coasid- n as a trust fund to be applied first for the purpose of paying the mat of the.improvement and will apply me first to fha ]Syment of.the cost of the improvement before using any part of the total of the same for other purpose U ` The word"party shall be construed as if it read "parties" wbenever the sense of this indenture so requires. IN W1TI M WHEREOF,the Party of the first part has duly executed this deed the day and year first above written. Ix PMFXcs oB: �EA_L ESTATE 1 1978 �`Y.7.�I i1 T" %%SFE' TAX — — — — — eorwm r m r . TOWN OF SOUTHOLD PROPERTY RECORD CARD 0o 78°— 9_6 k — v OWNER y STREET 1U VILLP�E DIST. SUB. LOT FMER OWNERS n 4 i � N E / ACR. 'fit ctrifr�s ulen¢zIl ><feaf n s ��d cPt�' �{. ea rD o S W TYPE OF BUILDING ,/ RES'9(0 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS » 0 3o- a 28 j; 0 0 60-0 1 / /./ 6 /v 00 ✓ I 2 0 6 P 31293 rdwUli �IIQ �O al�e� l ,oav AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK N CP 005-BrSalem rd S. Dad mill Co.cameo.nCnOWNAulrM"or CupnedmeMbele Um)(Nl'KmnoA �•���tA NY C(16N=Tl'OURLAWYER112MESIGNURiTHUS IMTIIwlrxr-THOMMUMMT SHOULD BEUWDaYLaWVUSOSLY /7 7 � � / ..,,,,,,�� GAJ THIS INDENTURE.matte the Z7 day tdA.41"oc- in the you � r-';c BETWEEN 5 JOHN MOGLIA.residing at 10 Poplar Stm*L Sayt91h4 New York 11782 and TIMOTHY MOGLIA,residing at 12 Cedarfrckis Lane,Westli mptoo,New York 11977 party of the fine part.and TIMOTHY S. KAYEL and MICHEI.LF.D. KAYEL,as Husband and Wife,residing at 510 Matthews Lane,Cutehogne.New York 11935 Icy of the second pan. WrMKSS Ml.that the party of the Mt Iam in consideration of Ten Dkdlan and other valuable consideration paid by the party of the mored pan,does hereby gram uod release unto the eery of the moruml pan.the heirs orm comm and assirn4 of the party of rhe mcond pan(iuever. ALL that mrtdn ph&pk%v or pored of land,with the buildia pr and improsemems thetcon area"situme-lying and being in the SEE SCHEDULE "A"ANNEXED HERETO AND MADE A PART HEREOF Granton herein being the same premises as named grantee in certain deed in Liber 12404 CP 266 BEING the same premises described in the deed to the parties of the Asst part herein by deed to the grantor In Liber 12404 CP 266 t� TOGETHER withal[rightlitkaudWen t if any. � alwve deseri6ed partof,in and to mty streets and mads ahuuing the premises to the comer Laos t m%W..TOGMER with the 4 urwnw ca and on the emle and riSW of the party Of the riot pan in and to said premim;TO HAVE AND TO HOLD the prcmism Mein&mated unto the pony of the soc'umd pan.the heirs or successors and arraigns of the party o(the second pan farever. AND the pony of the Fina pan anennms Ihm the party of the Hint pan has not done or suffered anything whereby the said prenises have been low thered in any way whoever.except as aforesaid. AND the pony of the tint pori.in cwnplim m with Section 13 of the Lien Law,casetm a that rite party or the firs)pmt will receive the cmwiderotioa fur this convoyance and will laid the rig&to twelve such consideration as a MW fund to be applied first fur the Pty m Of paying Wa-ceps of theimprovernent and will apply the sonic lint to the payment of the cast Of the improvemem 1144 using any pot of'thc total of the amne fur any Otter purpose. The word"party,_sholl be construed as if it read"parries•'whenever the score of this imkn u e so requires. IN WITNESS WHEREOF.the party of die fiat part hu-duly executed IN the day f se written. IN rarrna�Eor: John M 929314 =2 ��-� • SCHEDULE A DESCRIPTION PokyNo.K 3606-00636 ALL TtAW1T CERTAIN PLOT, PIECE, OR PARCEL OF LAND# sr=TE, LYING, AND SUNG AT BAYVIEW, NEAR SOUTHOLD, wm OF SOvfmm. Comm OF OFF= AND STATE OF NEW YORK SEING MORE PARTICULARLY BODRDED AND DESCRISBD AS FOLLOWS: BEGINNING AT A CONCRETE NDHUMNT AT THE %NTBfMCTXON OF THE EASTERLY LIMB OF A PRIVATE ROAD XWWN AS VICTORIA ROAD WITH THE SOVTRERLY LINK OF A PRIVATE ROAD KNOWN AS ED'S ROAD. RUNNING THENCE ALONG THE SOUTHERLY •LENS OF ED'S ROAD, SOVAW 60 DBM=s 02 MINUTES 60 SECONDS EAST, A DISTANCE OF 110.00 nn TO LAN® SON OR FORNORLY OF THE CATHOLIC CHARITIES OF THE DIOCESES OF ROCKVILLE CEiTREj THENCE ALONG SAID LAND SOUTH 29 DEGREES 57 MINUTES 20 SECONDS WEST, A DISTANCE i OF 166.00 FEET TO LAND NOW OR FONM RLY OF REUTER; THENCE ALONG THE NORTHERLY LINE OF LARD NON OR FORMERLY OF REUTER AND LAND NOW OR FORM RLY OF LANLOR, NORTH 60 DEGREES 02 MINUTES 60 SECONDS REST, A DISTANCE OF 110.00 FEET TO THE EASTERLY LINE OF VICTORIA ROAD: THALONG VICTORIA ROAD, NORTH 29 DEGREES 57 PCURTES 20 SECONDS EAST, A DISTANCE OF 166.00 FEET TO THE POINT OR PLACE OF EEGIIEPING. TOGETHER WITH THE RIGHT TO THE USE IN COMM WITH OTHERS OF THE AFORESAID VICTORIA ROAD AND E0'8 ROAD FOR INGRESS ARD EGRESS TO AND PROM MAIN EAYVIEW ROAD. TOGETHER WITH THE RIGHT TO THE USE, IN CONNUH WITE OTHERS, OF A STRIP OF LAND 50 FRET IN WIDTH AS AN EASE®MT FOR INGRESS AND EGRESS TO COREY CREEK, SAID STRIP OF LAND BEING BOUNDED ON TSR EAST BY LAND OF EDSON AND ON Tan NEST BY LAND OP TOBVTER AND DICKINSON. FOR'INPORNRTION ONLY: DISTRICT 1000 SECTION 078.00 BLOCK 09.00 LOT 068.000 MMAL U-AAC1M)WAW.W 71TfYNCWRbW1W%M1&NKW YMSTAINOAU UdEAC1AYJMII9GVMTPQIWRBLOa'{FMWNMIYan.TrA7r'O#ar .Mdvo New York.Coustyd Suffolk I+A: SWadNewYork Coaotyof Isx„ On thty2 jthw of September In the year 2006 On Ow day or in the year before tee.the ned,pem=I before 1111C.the mtdcaWsed,pernrdy�aM John Mo8liamothy Mo s latstauly Mme to no or p kvd to me an toe basis of satbfictury personally known a me at wed a to of the bads of stuisfaetary evideratwlrthe in ividual(s)whOseraahhels)islamnha lrU v d ad evidence tobetlntl . ' s)whottenotels)is(m)adstcribedutthe winds inewaent and ocknowkvtIled to nn dud heAhdYhef executed within hortnrnets sad ackmvwkdpd amt:dtm hddohhey executed the write is ws4xrfdxir Caineay(ksL and dmt by hb&edhltcr the stone In hhlherhheir cupuc1tydqj6 sed this by hbftW wk siyranthse(s)on the instnane t. the ks6viduol(xt, nr the pester upon siprtexaels)on the Iotmnuc , the in6v)duaR4 or the person upo 6beehhaallf of which the iad)v)du Ns)ectad,executed the immanent. f ofwhich the lndMdu*s)=W.exxxwd the incur tett. ropHERBERT rMM " a alxw lee • WORUFM M� AmutrijucusATFatirma Ude WMIIK.VKW Yang Mitt ONU, AcxwwAorlm-rFommwuwONfS'tlWAFEwyonsTAfF(A%%v (nor rent&awe #trawnArtr"Nrtkaarmt mgnarl lgmsf wrw Fmrkm OewmlAr"-hdlpr+x CrrrrnwI Sure d\ew fork.Ctwm)or I ss: ....................................... ...........)se.: On die rGwpltw Yrnw rlts Suer.C..r,ra:PmrM,rwslr�r7Psltn I yof before me he mtdeNgned.pouttdy appy in the year ontbee e ate,the undersigned.P IY aR�d of In the year the xutaaibing Mutes%to the(ma�yy ry kmnU=L with whom I am paxrdly an(wimcd.Min.belt by me duly swum,did depexe and pmrr kn art to xro or proved to me un the hmitt of smisfanoy •ay that irbdaahhey msMdxl in es•)dehce cube the hsd)vkkul(s)%1I owne(s)is(ste)srlsrnlad in the within iasrurhhrat and atirrtwkdFetl to san that exec'm 1�'frhepharnfrritknrlsbrariry.1whdethe stnedfindAmrrnwxa wr, tlmsameinhWethh¢inatpxhy(tes) that byhislhMdWr x) ifu ty.diner+dug hdxlte/theyr 6w4s) on the hrssutreeK the h dvWu*s).orale pas m upon d whkh the iatrvklw(x)noted.exmnedthee instrument.anddmwchenli &W as N the individual docTi ted in and whn executed the finer��Us me such appc�mrtee bc6aae the uudersksed in the ha+wmeat:thin odd subecn'Mn(c wknctr wet pasand saw held execute the same:and than said witness at the sense time suhmibed (hurnthe OrorMhrrpatri(kkulsu Imbi xwW drw&ore»murytw hMictitheir tnm:(s)as a wibress daxem erherpAtm Ae a*wwleddrrrrrl ane Karel I I RAROAIN A SALE DFZD rtmt+.trauwas Annerwatwmrs rens TULPMa 3,106_ ewd63C Os:rmwr 1000 SocrtoN 78 MOGLIA RWM 9 tar 68 Carta of Town Suffolk TO KAYEI. RetY1ROPJ)ATREQrfESTAF FTdNrY Ntularl77tle Isuaurtsss Carrposp d New York RErVRNRYNAR rut FInPld• y NAV NeA(.91rLE IN)suRANLE L r� Coatrvw OF Nr.N'YORK sunvnrrm nx �" G*iw..b,6,rtG F)ddr'ty2ytv,-....,' ' W.xrw.t.ss.rr..twrx...�. tc • 1 2 RECORDED Number of pages M pct 06 09133153 AM Juditn A. Pascala CLW OF This document will be public SUFFOLK COUNTY record. Please remove all ` DOOM2472 P 845 Social Security Numbers DTt Ori-08368 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 31 M:FS ` Page/Filing Fre — Mortgage Amt. 1. Basic Tax Handling 5• 00 2. Additional Tax TP-594 Sub Total SpecJAssit. Notation — or EA-52 171 County) Sub Total Spec./Add. _ EA-3217 (State) TOT MTG.TAX , = LAW Town_Dual County — R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Ra-7(o • Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total .see appropriate tax clause on of�yis instrument. I() "ice 4 Dint1000 07800 0900 069000 �p S CotmmtaaltF psMs:vatbta Pbad T Real Property R�R A Consideration Amount $ Tax Service Agency CPF Tax Due S Verification ' Improved 6 Satixfactions/Discharges/Rakascs Lim Property Owners Mailing Address RECO 4 T().- Vacant Land kf 'e �' TD Ido Ax 9T-3 TD TD Mail to: Judith A Pascale. Suffolk County Clerk 71 Tide Comfigmy Lrdormation 310 Center Drive, Riverhead, NY 11901 Co. N — www.stffoikcoun"gov/dark ITItle 0 X06 8 Suffolk Cquaft Recording �/"' (J& Endorsement P e page forms part of the attached -r� Thr - e�+�/Qmade by: (SPECIFY TYPE.OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY.NEW YORK. � TO In the TOWN of �ANNlJC '/' / In the VILLAGE �5 w�'�'- or HAMLET of BOXES 6 THRU 8 MUST BE TYPRD OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR PILING. (over) I IIINIIIIIIInId�N�IINIINII�IIIINN IIUINNNIIIIIIIINN • SUFFOLK COUNTY CLERK i RECORDS OFFICE RECORDING PAGE Type of Instremeatt DEEDS/DDD Recorded: 10/06/2006 Number of Pages: 4 At: 09:33:53 AM Receipt Number : 06-0097811 TRANSFER TAR NUMBER: 06-08368 LIBER: D00012472 PAGE: 845 District: Section: Block: Lot: 1000 078.00 09.00 068.000 SXANIIVSD AND CHARGED AS FOLLONS Dead Amount: $569,000.00 Received the Following Fees For Above Instrument Exempt SxWW1 Page/Filing $12.00 NO Handling $5.00 NO COS $5.00 NO NYS SRCHG $15.00 NO SA-CTY $5.00 NO EA-STATS $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO OCTM $0.00 NO Transfer tax $2,276.00 NO Comm.Pres $8,380.00 NO Fees Paid $10,808.00 TRANSFER TAX NONHSR: 06-08368 THIS PAGE IS A PART OF THE 1NOTRVlDIIT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County PLLEEA� TYPE OR PRESS FIRMLY WHEN WR ON FORM INSTRUCWNS: httpc//www.orps.stwv.nV.us or PH4W 16181473-7222 n ' FOR COUNTY USE ONLY CT.Bw15 Coda REAL PROPERTY TRANSFER REPORT srATE OF NEW Yd111 CL Dots Dwd RAewNlad D WAVE BOARD OF REAL PROPUM BERYLS RP C&sock I .7 C4.PION I I �_ ;5217 PROPERTY WFORArA'nON L Lowden'Y 1 t 00 1 Ed's Road 1 Southold 13 +n� 2.BMW I Kuplow I TimothY S. I Fianw r l Kavel I Michelle D. I 1 Ta kdtab wmw Aihiwa Ter ass M110 boom /iy Y dhr aM brew adM W baeb,n d to d Addy E .N-11 I anvas. IBAN w I I 4.krdaYx as m nbor of Aarwrwrn10*E part of paf"■ rrR Clwak dM*. Rea Omaha lrandarr.d m dra dead I . 1 I a o1 Prab OR ❑ part of a Panel k Flw ing aowd wrr SubdrWon ArelwWl Edna ❑ L Deedas.SubMilon Append was aadwd amTrwAW ❑ Meant �rpar 7t( " OR IC.Penh AFPmvd ler&6&Adw whb Map RwAded ❑ $120 aSWW I °ul�ia - I John I Name I Moglia I Timothy —1ZiI"s�i 7.Chwk tb bar blew wNa mat aewmwlr daarmea dra umd tb pro"ty d tb,ba daft Cba the arms blew an nay appMK l Owmmhlp Two b Crdrrrkdmx A Oa Fr�fY AWdoftl E Apriwlmrel 1 0oerwamiry Sarvlen R Now Cwwlructlon on Voom Lard B 7 w 7 famay Raddwdd F ComrnordN J lacho rld ICA.Property Lwmd w"an ApeAwd DWId ❑ C PANMWdW Vaewa land O AWnwt K hike Sancta +aR salty m ' a dadosow rratlsa krdrlkrS D Nen-Rrldertlal Pram land 11 Ednbbrapl I Amumrwra I. Force M do propady b In an Aphimral D'ieq SALE VOWMATION 1 A Chink are w mom of leas sAdimw aWOW"Is.trrrI +l.we cnrbad DawI n o / n a / n F I A fele Sawaarr RalsO ma r Fa anw Rdadaas Y'w B Sty smxxwr Delyd Curor,des r pw M In suwb c one d ON swop b also a sass, _. ti Dow of ask I Tmuaw 101- / / n 6 I D gum r Seller le Om-- -wed Apray r Lmrdno kodwdon Moxa Raw YM E cad Type riot Wrrmw or suwln and sty KpnW 0 1 1 F Sob of fwdlwW or Lor Ow Fee hWmal Opacity solo,) Q 6gnr'renrt Orrrw In PraPwM acrrawr Vocals Saran and sale Q +a fdl ads►eb. L a. �. o.n n .n . n . n l y T . 11 ads,of arrirtan le kre4rdad N sale Prba IMI Sw Frks Ia dw ww amoaM paid ft IM pop"Including pwrrW prop ft. I COW Unuaoe Factors Aftaft sty Moa Iapoelh salary Tido P"Rwo may be In aro form of ash,saw, -a my at sao our tb tmumpsaw a 1 Norw nrwww r aThr oMIpWwW !bola mwd w dw neral Wwb door wwouL tor.krdeaw tlr alba aPI T ptoPp wtf W11119"ad W 21WW saes ala ASSESSMENT INFORMI1Ti0f1-OM should rafted But Nast peal Apsumrd Bull and Tait BM M Yam d Araaaeaet Roo barer wlJeh hiarertlarr,kart login A n.Tabs Arard vela Id M prow w tram I ; ; ; 6 .0 . 0 1 W plop"IV ora IJ tL sand obabe Nrrr L Southold I 20.Ten 14W NwpMwW f Ras MMOWel Is mow Ion Lr,atlashi slot wM addf4W WwdR eelas ITnnn-n-/R nn-ng nn-n&R nnn I l I I I I I CERTiRCAT10N 1 rrt0y Old A of Or■®e or lokau"m atend a0 96 fat,SM am and awed Ila Ibe beat drip keawkIM and keen aM 1 wWwWwd doe eb rakhg logy wlsN saw WtnaM d aaxeald len Iwetda xN mlllat a r Ihie poNdoei d tlr ams M exlNbe to lb nrkbR aria Rsol or We Irkmeme s sUlfum ATTORNEY aurwaw.naa Timo y S. Kayei e"aroorr ,encs., 510 _ 1 Matthews Lane 631 I 734-6807 summu m ratn rmuaar0 — aatactwe rtdr,rarc rrewOr EtiM1:11 IX Qt t = I NY I 224Ysit93 On xxm - w4T ,.roar LNLIEWYORK STATC OPY awwrw s • -N-q- W • L CONSULT YOUR LAWYER BEFORE 8NBW10 THIS INSTRU1110 THIS MTRg rr BHOULD BE LIM BY LAWYERS ONLY 4C4 > 7 ( „ THIS INDENTURE,made the 811h day of August. 2005 G w BETWEEN CATHOLIC CHARITIES OF THE DIOCESE OF ROCIMLLE CENTRE.ae succsssorby mercer of Catholic Charities Mental Health Conten Ino.,and SL Anthony's Guidance Clink Inc.by Certlfioale of Merger doled 3021188, 90 Cherry Lane,Htoksvllte,New York 11801 I + party of the first part,and JOHN MOGLIA,residing at 10 Poplar Shv4 Sayville,New York 11X82 and TIMOTHY MOG residing Still Cadadlelds Lane,Wgfhampfon,NY 11977 Party of the second part, Souk# mti�'Ri ti'0; &414`v � ..5 _.,.x WITNESSETH, that the party opsrtAaXonsideretion of Two Hundred and Thirty-Five Thousand (3235,000.00) dollars paid by tie party of the second part,does hereby grant and Wease hintO the party of the second part,the heirs or successors and assigns of the party of the second part f weer, ALL that certain plot,plow or parcel of land,situate,tying and being at Bayview.near Southold.Town of Southold, County of Suffolk.State of New York,bounded and described as follows: BEGINNING at a point marked by a concrete monument at the intersection of the easterly line of a private road known as Victoria Road with the southerty Tins of a private road known as Ed's Road (which point is North 29 degrees 57 minutes 20 seconds East, a distance of 332.00 fest from a point marked by a monument on Bre northerly line of Mein Bayview Road at is Intersection with the easterly line of the aforeeeld private mad known as Victoria Road): RUNNING THENCE along the southerly One of Ed's Road, South 80 degrees 02 minutes 40 seconds East, a distance of 110.00 feet to lend heretofore conveyed by Edward Nidds to Jack Richards,and thereafter by RUuffds to Mako, THENCE Wong said lend heretofore conveyed to Richards and now or formerly of Mako,South 29 degrees 57 minutes 20 seconds Went,a distance of 188.00 Rest: THENCE along the northerly nine of lend now or formaryof Walters and parallel to Rd's Rood,NOrth 80 degrees 02 minutes 40 seconds Waal,a distance of 110.00 reef to tine esataly line of Victoria Road; THENCE along Victoria Road,North 29 degrees 57 minutes 20 seconds East,a distance of 188.00 feet to the point or place of BEGINNING. TOGETHER with the right to the use.in common with OOere,of tle aforesaid Vkcloria Road aril Ed's Road,for Ingress and egress to and from Main Beyviaw ROW. , , r •� Being and Intended to be the same premises as described M dead made by Muriel Carter Shaven as Exam bix of the Last Will and Testament of CeOAia Mako recorded August 25,19N In Liber 10918 cp 95. TOGETHER with all right, tate and Interest. If any,of the party of the fist part In and to any abeets and reads abu ft the above described Premises to the center Imes 9nersot:TOGETHER with the appurtenance;and am the 6@10(0 and rights of the Party of the fist Part in and to sail WMISM TO HAVE AND TO HOLD the premises herein granted unto the party Of the second pert the hairs or suxessore and assigns of the party of the second part forever. AND the party of the first part covenants that the party of tike first Part has not done or suffered anything whereby Bre Said Promisee have been encumbered in any way whatever,except as efore"Id. AND the party of the first part,in compuence with Becton 13 of the Lion Law,covenants that the party of the ftrst Part will receive the consideration for this oonveyance ohd will hold Me right to resolve such consideration as a trust fund to be applied Brat for the purpose of paying the 0091 of the Improvement and w8 apply the,arra first to the payment of the coat of the Improvement before using any part of the Intel of the some for any Ober purpose.The word)aryy sham be construed as H it reed•Portes-when eYw the sense of this Indenture so requires. IN WrrNE9S WHEREOF,the party of the first part has duly executed this deed the day and year fk*above written. IN PRESENCE OF: CATHOLIC CHARMES OF THE DIOCESE OF ROGNIU.E CENTRE BY• Edwrirh M.Kennedy Chief 'I dal ORloer plrniPi2m0e T u.noire Booz-B@,p@wh @,q S@k Daad,wan Cownrkl @@@ben Gweort Ads-Unicorn Admowkd9MW8 Lt).RE USED ONLY WNEN THE State of New York.Cowty of Nassau ss: State of New York.County of Ss: on the 8th day d August in the year 2005 On the day of in the year before me,the underagned ply appeared before ma.dre Undersigned,pemndly appeared Edwin M.Kennedy personWy known to me or proved to me on the basis of PWw� nowm y kn me or proved to me On De basis of satisfactory evidence to be tie IndividuaUs)whose fame(s) Is 8011110clor) avldwros b be the hfdivldud(s)whose name(.)te (are)subscribed fie the wOMins nrnedandodarOwkaiQedlome (am)WAnalbed bdep Wthininsbunentand adwawledgedbme fist to/dwV"executed Vis same In hi hwft r*capeoTy(les). Met haWmAhey executed the same In hWftwAhdroapadty(tee), and 0 by MOrafurs(e) on Yds Mdmment, the and Bast by NaAIxMuY sgabae(s) on do intbrrt.dmethe tnctvidw ), uponbefeffdwhlichthe lndivldual(s) IndNWuso).orthe person upon beWofwhich the ir vWud(s) acted, acted,executed the babumerd. OWN111e9 and office of individual taking acknowledgment) offfcedbMSvWwltaklnOrridaaM�ledp��N�'�: : ::.� .•, ��%Vosb/c.uSb a `NN"FOAL SWl u�oillac•,dAerfFv Tsefaekae )t3"'�Y ere: amlie Tj�Rff) deMck eXP.8/6//ob *"WAW before ate,fheunderegrud,pxwnaAyappeared persoinelto the velN inslnumainarkWwm to �anacwwwlleedopedeto me 00 adidoChDry hsla yevidence to Ow as sHdhsa Jtlx 4w a)Y(ars)e0that ed by h1oft erlOutr sigruWre(s)on the instrument,the I dwldud(sL or tie person upon behaOdwNdh tie kxVvWJW(s)acted,exec deed((re Instrument,and Mat such Individual made such appearance before the underdpnsd N the In (Insert#wCity crdMrpoielnleubdMebn) (and inwilwSteheorQutyorollwpleaDiaacl! ie Memwastabn) (signature and dace of Individual taking edsowtsdprnant) 'UBECr�Sf 1000 I oWqlp%WVieVWAOWSACTSDISTRICT 1 BLOCK 09.00 LOT 0511.1700 Title No. ft}tt_ OS r0+�(8100 D COUNTY OF SUFFOLK 100 ED'S ROAD SOUTHOLD,NY 11782 Recorded at Request of a A'MMW RYOFNa DDFTiREleatlaNRl7aM Paul a Camin(5,Esq. 59945 Mein Road.P.O.Box 848 NY 11971 CmeraNrru's IneO Thee Ueteanca CompAr r 1 2 1 :• RECORDED Number of pages _J 2005 AW 17 11:22:23 AN TORRENS Eduard P.Rosairtte CLERK OF SUFFOLK COWY I Serial M L 0 Wl24Oi Certificate M P 266 OTi 05-02677 Prior Ctf.6 Deal/Mortgage iasaument Deed/Mortgage Tix Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic TAX Handling 5. 00 2. Additional Tax _ TP-584 Sub Taal _ Notation Spec./Ass-it. or EA-52 17 (County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX _ Dual Town—Dual County _ RP.TS.A. —�J� Hold for A ppoinkncgL Cocom.of Ed. 5. OOTransfer Tax �Yoo Affidavit • • Mansion T _ The covered by this mortgage is Certified Copy or will improved by a one or two NYS Surcharge 15. OD Sub Total family d !ling only. Other YES or NO — Grand Total if NO.see sta clause on page ag of this instrument. rte. 4 1 Dist.1 05p1797 loon 07e00 0900o6eotio s CommuaftyNtnatitn Pbad Real Pnpeny PTS Consideration "Un Service PCWA A Agency CPF Tax Due S Q Verification Improved Satisfactions!Discharges/Releases List Vacant Land 6 Property Owners Mailing Address RECORD& RETURN TO: TD T_ TO iW�t Yt . lLl1Wl11� l ) �S TD � r1,1 1 j7 Title Coln Informed.. �C�r) `�t t1 Co L r 7ftde ie -'14 naL.-6 lAnn 8 Suffolk County Recordin & Endorsement Page This Page forms port of the attached 1 trwcta lk d' s4LIA made by: (SPE(T TYPE OF INSTRUMIiN7) �iof�et;e, The premises herein is situated in SUFFOLK COUNTY. NFW YORK xs /h�RG•ar� � r, �f r In the Township of c4. jig .pl�u� e1� �_ In the VILLAGE or HAMLET of BOXES 6 771RU B MUST BF TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. t i I Ifl�U SIN VIII III III SIN IIIN SII Ilil IIIINI�IIIN811N1111 • SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PA= Type of Instrument: DHRDS/DDD Recorded: 08/17/2005 Number of Pages: 3 At: 11:22:23 AN Receipt Number s 05-0085891 TRANSFER TAR NUMBER: 05-02677 LIBER: D00012404 PAGE s 266 District: Section: Blocks Lot: 1000 078.00 09.00 068.000 SEASINSD AND CHAMM AS FOLLOWS Dead Amounts $235,000.00 Received the Following Faso For Above Instrument Sit Exempt Page/Filing $9.00 NO Handling $5.00 NO COS $5.00 NO Nr8 ORCHO $15.00 NO SA-Cry $5.00 NO SA-STATS $165.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO 8CTH $0.00 No Tranafer tax $940.00 NO Comm.Pree $3,200.00 NO TRANSFER TAX NW®8R: 03-02677 Fees Paid $4,379.00 THIS PADS 18 A PART OF THS INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County PLEA&YPE OR PRESS FIRMLY WHEN WRMNq& FORM INSTp S: httpJ/www.orps stats.ny.us or PH0 18) 473-7222 FOR COUNTY USE ONLY C1.awls Cod» 1 0,,Q, ql REAL PROPERTY TRANSFER REPORT /� STATS OF MINE YORK CL Data Deed Romer" l_f/�L.42 / STATE BONA OF REAL MWER Y SERVICES . CL Book F �/l iRP - 5217 - 1M1n an wet PROPERTY NdFO W71ON 1. 1 100 1 Ed's Rbad 1 u auu r I MMA id I Southold 111782 I 2 smr« I John 1 #)eD1iN alma Bun rrar ua w L wa f Hogue I Timothy i Tarr Wksaw arlrwa Lawes»TY She n,W saw SWrg if name than burr addtw tNtaaam d*ON Address aiTO r L s aaarraAoi 1 I „I WCOK a.InWwa On munber at Aarswd 10*S PIA OF a FIN*Mach w alma appltr. Nem presale traraafwa»d s the deal l I d or WNab am ❑ Pan OF a pa aA PIN dna Sued whh Suld clan 1lr Jm*Ealda ❑ S.Dead1� O.&A&*Wm Approval was Required for T=Ww ❑ ep rrotrrmwmy XI p�Sl---1 OR 0J IC Panel Angw d Im Subddurbr wMap RW�idad 0 She m.Salbr 1rqWn1ir r:hwritiaw of the ninLamp of RapkiiIIIIIII re MININGBei I n 7.Qbaalr the bea belsa+nbbb wed aevataly dwebea tIa ova d tla pra►rtr at or Ilan d Uft L7rad tb tyre adaw r they apply l Owunddp Tyw b CrdeaAlum ❑ A�Orr Fsndy RwidraiY T.H Aprtulturd 1 Cernn,lty govw i Nov Canatrrtbn s Vwww Land ❑ N 2 a 2 Family RealdaaW F commwdal h birldd ,mA.Nnparq Loomrd wbrb n Awbdhad Dbbr ❑ C Reddwrdd Vrrd lana G Apo mead k Nntme grvta MR Sues'"Abed a dlldaaraa raft bdbatlng ❑ O NonAadwals!Vaear Wal H lmwobmar/Amrrrmd L refer dray pa- bbnAwbuft" , - SALE INFORMATION IL Cort sear ammo d dna as dem r appomw r brrhr. ,,.ear ceao.et Od. LL 0421 2g!5 j A Res Beemem R ushms ar Fenner Raladaw D Sale Braman Rdarl Cmnprra ar prem m guars C one of an BuyYo b am a Sear IL Dae of ova I nwtar 1 08 / 08 12005 I 0 Burr ar Orr b GwrrnrA Agam r Leaning taww. Bur E Dead Typo sa W—eney ar awed,rad gab I WZV SUWM F Sab d howaard or lar dun Fan Manan LSpadly Bdwq I&rum!al.Cdr 1 . a .F n n n I I I G Stp 11, Charge In Repalay Bd»rrr Tama Stmea and Bab Dale. e H Bab re d Su i ab Indudmd in ala rdw W IFUm SPrim is the Bud moment paid for the popely Llrbdng paraalW popany. Qlrar Lbrrrari Fer77on ArWnB Slia Palo(SPed1Y Sdow) Thio Pwrnad may he In Nam Iran d awk oder pmpml or good&w*A"eumpfive at J Nes msaraaovotla n amody PNaea ra.daaaa naarrt»Aob aldraea,K 1a.MMabtlaevdwdprasal I D D I pages ,headed be the nab ASSESSMENT INFORMATION•Om should caped tM lAbAt hat ApoBaBiD IS,Year M do 11:1:a m From 17.Taro Anaad Van,Ld al preala b tarrdad) O vaLtalsndatlr table 18.Iheparty area L.[li_iL.J-�1 19.8dwel0wbt Flap, 1 '[ 2D.Tea rap ldaddlr%1 I Roll ldanmlarlal m arra Ilea few.attar dad Wa tld11W W WdMaM I nint. ,nen go 7g, Alk 9 LUZ 88 I I I f l CRRTIFICAWN I Mary da ON or at ads;or he==Njm or may wdtldl gala rrlerra d"ma' bd"h p IYrr nae leer sal d11L L Ile Wald 11 faoa»Is d sal hee A 1 a efga Mum Ile awkigl tptdeN rr b w wsaia.icer d eM aatrl b»rabuad b Its art4gl meal OS4 athlr)aabroeale BLMR 1lR S ATTORNgY CNminiti I Paul Bun name roar wwc John Moglie — a�a nam pr+waMyr 631 1 765-$g00 -...ae. rataataii'aea m Ssvvi]1e a>nearoaw I NY I 21782 AAIB Ayme Hum NEW YORK STATE a�3.dL�..— tea of the Diocese a Rockvi 8COPY vF/ ) a � Cs ra rata anon ll/ Edwin M. Keraledy. ChiefAinencial Officer -� BtSdard MDI.T.U.KVA- 8-80.10M-10MDee_—Individual or Co (single sheat) i ,CONS'JLT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TM(INDENTURE, made the ZO day of July nineteen hundred and eighty–nine BET%TM MURIEL GARTER SHEVLIN, residing at 441 East Tropical Way, Plantation, Florida 33317 t as executor ix of �, the last will and testament of Cecilia Mako �' late of Suffolk Count— who died on the 16th day of November nineteen hundred and eighty–seven party of the first part, and o CATHOLIC CHARITIES MENTAL HEALTH CENTERS, INC., a non–profit organization with its principal place of business at 50 North Park Avenue, Rockville 'entre o New York 11571 r,- t� party Part, `. '(` ! ! "1 � of the second ��V�,U I WITNESSETH,that the part�!f thtfiistlpa td whom1. i iihers testamentary were issued by A Surrogate's Court, Suffolk County, New York on Septenber. 6, 1988 and by virtue of the power and authority given in and by said last will �y and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of F — -- — TEN and 00/100 ($10.00) - --------- (Testamentary Bequest) dollars, paid by the party of the second part, does hereby grant and QQQ release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, L ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beiogi get&at Bayview, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on marked by a concrete monument at the intersection of the easterly line of a private road known as Victoria Road with the southerly line of a private road known as Ed's Road (which point is North 29 degrees 57 minutes 20 seconds East, a distance of 332.0 feet from a point marked by a monument on the northerly line of Main Bayview Road at its intersection with the easterly line of the aforesaid private road known as Victoria Road) ; RUNNING THENCE along the southerly line of Ed's Road, South 60 degrees 02 minutes 40 seconds Fast, a distance of 110.0 feet to land heretofore conveyed by �q Edward Nidds to to Jack Richards, and thereafter by. Richards to Mako; RUNNING THENCE along said land heretofore conveyed to Richards and now or formerly of Mako, South 29 degrees 57 minutes 20 seconds West, a distance of 166.0 feet; RUNNING THENCE along the northerly line of land now or formerly of Walters TWO and parallel to Ed's Road, North 60 degrees 02 minutes 40 seconds West, a distance of 110.0 feet to the easterly line of Victoria Road; moa• ry) RUNNING THENCE along Victoria Road, North 29 degrees 57 minutes 20 seconds East, FAX MAp a distance of 166.0 feet to the point or place of BEGINNING. S1Ct7?c1ItSN TCGETHM WITH the right to the use, in c=wn with others, of the aforesaid Victoria Road and Ed's Road, for ingress and egress to and from Main Bayview Road. L000 TOGETHER WITH the right to the use, in oonnlon with others, of a strip of land 50 feet in width as an easement for ingress and egress to Corey Creek, said strip of land being bounded on the east by lard of Edson and on the west by land of Toedter )78.00 and Dickinson. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and 19.00 roads abutting the above described premises to the center lines thereof• TOGETHER with the appurtenances, (•) I and also all the estate which the said decedent had at the time of decedent's death in said premises, and also )68.000 the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the seeond.part forever. AND the party of the fust 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. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires, IN WPI7'1ESS WHEREOF, the party of the fust part has duly executed this deed the day and year fust above written.' Ixralssivcaos: RECEIVED 1EAL B1,11TEi'• THE ESTATE OF CECILIA MAKO, by: AR u) w l Carter Shevlin, Executrix( fid4. ,,` RECORDED Daus 25 ,989 --- _ /^� e ".r-/ TOWN OF SOUTHOLD PROPS 'Y, RIC-MO CARD OWNER STRR�EET27S' jj�� VILLAGE DIST. SUB. LOT t _ K "1!! ' i Gt - ///i'i`i/ 5.0 f o ,4 � ORMER OWNF 1 / N E ACR. ifs0 C' _S 0 7 d/C to�e / Dry ' t�/C 7`a j�� q .D)e .:.47001 S W TYPE OF BUILDING RIS- SEAS. VL FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 700 l 0 0 4600 '4S3 8 / 7/ S- ,v 4 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlond DEPTH House Plot BULKHEAD Total 1071-1 PC56 PLEASE DO NOT#j BLISFi Sn„dard NXH.T.U.Form & —&I•od Salt teed,ri,h Cormaw yain t GnN.',An,— rWwl or Co,pIo.6 a. (single Map CONSULT Tout LAWYER REfOU SIONINS,TNIS INSTRUMENT•THIS INSTRUMENT SHOULD w USED RT LAWYERS ONLY THIS INDENRIRE, made the 6 4 day ofr ;nineteen hundred and Eighty-eight BETWEEN PLCESTA C. STOOTHOFF, residing at 275 Victoria �0 Drive, Southold, New York SI>, tr feo� DISTRICT / SECTION BLOCK OS4T.L. aQ4Fj pL_ par o rst PIi 1741 120 P:-' DAVID BRADSHAW�� residing at 2 Bay Road, Greenport, New Ydrk party of the second part, -) s J!,� - w WITNESSETH,that the party of the first part, in consideration 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, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, inate, lying and being iticox at Bayview, near Southold, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as DISTRICT follows: 1000 BEGINNING at a monument on the southwesterly line of Victoria Drive SECTION at the northwesterly corner of the premises herein described, which 078. 00 point is the northeasterly corner of land now or formerly of Colombo; running thence along the southwesterly line of Victoria Drive South BLOCK 34 degrees 40 minutes 30 seconds East, a distance of 155. 68 feet to 09. 00 a monument; running thence along the westerly line of Victoria Drive, South 29 degrees 57 minutes 20 seconds West, a distance of 146 feet to a pipe; running thence along other land of Edward Nidds North 062. 000 60 degrees 02 minutes 40 seconds West, a distance of 123.49 feet, to F ' ��ao land now or formerly of Colombo; running thence along said land now jt ! or formerly of Colombo North 25 degrees 20 minutes 20 seconds East, a distance of 213. 40 feet to the point or place of BEGINNING. ' BEING AND INTENDED TO BE the same premises as conveyed to the party of the first party by deed dated June 4, 1971, recorded in the 3 Suffolk County Clerk' s Office on June 9, 1971, in Liber 6944 mp 213 $ RECEIVED yr I04f--,6 REAR ESTATE OCT 17 1988 TRANSFER TAX SUFFOLK COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of.the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part wll1.receive the consideration for this conveyance and will hold the right to receive such consid- eration 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. y� The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. RECORDED: ger Of A. I(IN°FLI,I HOFF = Y"j' 19881"1":, Clerk of 5uffulk I do ;h TOWN OF SOUTHOLD k6PERTY RECON CARD OWNER STREET 5 VILLAGE DISTRICT SUB. LOT FO OWNER N tE ACREA E es .�� 0 SW P OF BUILDING - ` a Inntrl , RES. ( SEAS. VL FARM COMM. I IND. MISC.`' Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS Q 3a a -L !Z z 77- 1�6le 41-;7S,-6 `Ib0 00ro 57on 2- z6 0.- 361 - 7ba 2,300 tl�zro 3 5 I� 104 BPk 3631 ecK 11v— z ;� � a AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER N Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot /� a F �o ((o s 70 c✓ � Total NY005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY -I d, /,-?-7 377 THIS INDENTURE,made the Ik day of June in the year 2001 BETWEEN OT IILIE THARALDSEN (a/k/a OTILIE THARALDSEN) , Surviving Tenant by the Entirety 01 of the Last Will and Testament of ALF THARALDSEN, deceased (Suffolk aunty Surrogates File No. 960P1997), residing at 28 Meadowbrook Drive, Huntington Station, NY, 11746, Gparty of the first part,and �\ PETER R. DOOLEY AND LUMMINDA R. DOOLEY, as husband and wife, residing at 4235 Main Bayview Road, Southold, NY, 11971 , i party of the second part, WITNESSETH,that the party of the first part,in consideration 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,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being kAz at Bayview,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a concrete monument on the westerly side of Victoria Drive distant the following two(2)courses and distances as measured along the westerly side of Victoria Drive from the comer formed by the intersection of the westerly side of Victoria Tax Map Drive with the northerly side of Main Bayview Road: Designation Dist. 1000 (1) North 29 degrees 57 minutes 20 seconds East,332 feet; • (2) North 34 degrees 40 minutes 30 seconds West, 155.68 feet to land now or fortnerly of Colombo; •Sec. 78 RUNNING THENCE along said land North 60 degrees 55 minutes 30 seconds West, 150.0 feet to a concrete monument; THENCE North 25 degrees 19 minutes 50 seconds East, 120.2 feet to a point; ' alk 9 THENCE South 64 degrees 40 minutes 10 seconds East, 149.68 feet to a point on the westerly side of Victoria Drive; Lot(s) C0 THENCE along the westerly side of Victoria Drive,South 25 degrees 19 minutes 50 seconds West, 130.0 feet to land now or formerly of Columbo,the point or place of BEGINNING. BEING AND INTENDED to be same premises granted to the party of the first part by deed dated October 8, 1960,and recorded in Liber/Reel 4895 page 357 on October 25, 1960 in the office of the Clerk of Suffolk County. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first 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 right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party" shall be construed as if it read"parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: PAUL A. , ESQ OTHILIE THARALDSEN a/k/a OTILTE THARALDSEN 12 1 Number of pages v RECORDED 2001 Jul 02 03:35:28 PM TORRENS Eduard P.Rornaine CLERK OF Serial# SUFFOLK COUNTY L D00012127 Certificate# P 377 DT# 00-44027 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps q 1 FEES Page/Filing Fee Mortgage Amt. _ Handling 1. Basic Tax TP-584 2.Additional Tax Notation Sub Total _ EA-52 17(County) Sub Total Spec./Assit. Or EA-5217(State) Spec./Add. RP.T.S.A. y" �'� TOT. MTG. TAX Comm.of Ed. 5 00 +y t? Dual Town Dual County Held for Apportionment AffidavitT _ Certified Copy �� Mansion Tax _ The property covered by this mortgage is or Reg:Copy will be improved by a one or two family Sub Total dwelling only. OtherYES or NO / GRAND TOTAL � If NO,see appropriate tax clause on page # of this instrument. rTptN9` Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section Block Lot Consideration Amount $ 7 /UO •0 4 � D , ev 06a CPF Tax Due s � at27_o Improved j ] e Vacant Land V 7 Satisfactions/Discharges/Releases List Property Owners Mailing Addres TD Q RECORD&RETURN TO: TD T 1(1Eyj1V Me, L*U6/f1-/Mr )CS& . TD D , go)( lot/d SO 077-16 ,8 9urL/ ffTitle Company Information e Suffolk Count Recordin & Endorsement Page This page fortis part of the attached �6,9,e6 g/A/ 4n46 ,JAIL E -6 e;el made by: (SPECIFY TYPE OF INSTRUMENT) 67W IL/A' T#A R q 4AZC-n/ ,9 LXL4 The premises herein is situated in D7-/L/E 7;-1,44-q 4.6 sw, AS Smell/Y-lAr(. SUFFOLK COUNTY,NEW YORK -TINA By 7 E E7171cEry eF Arc r� JWAAy1,9-vC J TO In the Township of t 1,9 U7VV J-b 10k7?g2 i2 b6d L,F-y 4,V,6 In the VILLAGE 1,L17,yjM 1iy,&A R , ,Dooley or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) 11111111 IIII IIIII IIIII 11111 IIIII VIII VIII VIII IIII IIII 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE ` Type of Instrument: DEEDS/DDD Recorded: 07/02/2001 Number of Pages : 3 At: 03 :35 :28 PM TRANSFER TAX NUMBER: 00-44027 LIBER: D00012127 PAGE: 377 District: Section: Block: Lot: 1000 078 .00 09.00 060 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $75, 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5 .00 NO COE $5.00 NO EA-CTY $5 . 00 NO EA-STATE $25 . 00 NO TP-584 $5 .00 NO Cert.Copies $0 . 00 NO RPT $15 .00 NO SCTM $0 . 00 NO Transfer tax $300 . 00 NO Comm.Pres $0 .00 NO Fees Paid $369. 00 TRANSFER TAX NUMBER: 00-44027 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County y, INSTRUCTI http,//www.orps.state.ny.uT or PHO 18) 473-72 `' C a ;iREtf i 1 ~a a a4' A£at'FIt.YTT� all S�yS1r 6 I REAL. � d IkPORT ;,i" er P.kaeattle ♦.ipk YOrp� A a tt/ ti t - �'Yi. ' r#'&".'v P . �° it. a e • .v:, i.Y $TAQi. YORK t STATE SERVICES 1' �1 495 I Victoria Drive Southold I aTREEr NUMaER 6TPFET NAME I_ Salthold I Tom of Southold I 11971 CRY OR TCM KLUGE ZiP CODE 2.Buyer; I Dooley I Peter R. Name LASTNAME/COMPANY FgeT NAME Dooley I Luzviminda R. LIST NAME/COMPANY Peer NAME 3.Tax Indicate where future Tax Bills are to be Sent Billing if other then buyer address(M bottom of form) I I I Address LAST NAME I COMPANY FIRST NAME STREET NUMBER AND STREET NAME CRY OR TOWN STATE 3P CODE A.Indicate the number of Assessment (Orly N Part of a Parcell Check asthey apply. Roll parcels transferred on the deed I 1 k of Parcels OR ❑ Part of a Parcel 40.Planning Board with Subdivision Aulhortty Exists ❑ B.Deed 46.Subdivision Approval was Required for Transfer ❑ Property I X I OR d 4 I 4C.Parcel Approved for Subdivision with Map Provided ❑ Size FRONT FEET DEPTH ACRES 6.Seller I `1'haraldsen I Othilie (a/k/a Otilie) Name IAST NAME/COMPANY NRSTNAME LAST NAME I COMPANY I FIRST NAME r 7.Check the box below which most accurately describes the use of the property at Uro time of We; Chedt the boxes below as they apply: S.Ownership Type is Condominium ❑ A One Family Residential H AgriculturalI Community Service 9.New Construction on Vacant Land El R 2 or 3 Family Residential F Commercial J Industrial ICA Property Located within an Agricultural.District ❑ C Residential Vacant Land G Apartment K Public Service 106.Buyer received a disclosure notice indicating EJ Non-Residential Vacant Land H Entertainment/Amusement L Forest that the"property is in an Agricultural District 16.Cheek one err more of thea eonAtiwn as applicable to trandw., 11.Sale Contract Date I 01 / 111 / 01 I A Sale Between Relatives or Former Relatives Month Day veer R Sale Between Related Companies or.-Partners in Business C One of the Buyers is also y Seller 12.lets of Sale/Transfer I 06 / /� / 01 I D Buyer or Seller is Government Agency or Lending Institution Month Day Year g Read Type not Warranty or Bargain and Sale(Specify below) F •Zelea Fractional or Lee than Fee Interest(Specify Below) ' 7 1 G Significant Change in Property Between Taxable Status and Sale Dab 13.Full Sale Pries I 1 5 0 0 0 0 H Sale of BA*en is Included in Sale Price ! ! Or (Full Sale Price Is the total amount paid for the property Including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J 7 None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.kldiesto the value of personal I 0 0 0 I property kmMk hd in the sale e T 16.Year of Assessment ROTI from 00/01 ..�.�7 0 which information taken LyJ 17.ToLN Assayed Value lot all parcels in traeferl I 6 I. 1B.Propertypas 1 3.1. —L—J 19.School Disalct Name I 5 SMthold I 20.Tax Map klentiflMs)/Roll IdentifMr(sl IN mora than four,attach sheat with additional idents ll 1000-78-9-60 I I I I I certity duet all of the items of hdormatlnn entered ou dick form are true Sued correct(to tee best of my knowledge and belief)and I understand that the making Of any wHW fake stat® t of material fact herein will subject me to the provklpEs of the Seed low relative to the making No ming of fake fneatmrnts. - ( BUYER - _ - BUYER'S ATTORNEY r l / 'Jo Jo 7 scl atzgh]in J. celfin aVYER aIGNATUIIF ..�' Re IN ey DATE' a IAST NAME FRST NAME (e cJ �' 631 I 765-6095 STREET NUMBER STREET AME IAFTER SAL.EI APFA CODE TELEPHONE NUMBER CITY OR TOWN STATE ➢P CODE aP{�tt re\Y �� �� are Ea f B. FFI Y SEDER aeas sstt L Msp1(f+te ib uAR MeruTLxn othilie 1Ylaralch"n Wk/a Otilie) t TOWN OF SOUTHOLD PERTY RECORD CARD lR STREET �� VILLAGE DISTRICT SUB. LOT N E ACREAGE Yf' +t Al SQr� SW PEO BUILDING t� ES. Q SEAS. VL. FARM COMM. I IND. I CB. MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3q00 o 0G z t, so to C C> 4T0. t 1111 m-: - )7e v o//w��� rC %a oo �,��P / n Neu 4\oo �'vK 7� iIJ � `t`9/rf 1,-ld 6fo c," Lo Jisio // f'a re 4 Asa� /..0'/ L .z(alCe 5r717j VAI' lg AGE BUILDING CONDITION .37 . �--L {�_ NEW NORMAL BELOW ABOVE FRONTAGE ON ATER w Farm Acre Value Per Acre Value FRONTAGE ON ROAD �2 YJ x illable 7 BULKHEAD illable 2 DOCK illable 3 koodland wompland rushlond 4w .mil4 louse Plot otal q.t ✓ 0eaditaW.l'.B.T.TJ.Form 8002 Bargain and Sale Deed with Covenant against Grantor's Acts-Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY ATTORNEYS ONLY. 11119 INDENTURE,made the 7 t"' day of March,Two Thousand. BETWEEN,RONALD W.WICKEY and ELEANOR H.WICKEY,presently residing at 2305 Glenn Road, Southold,New York 11971, DISTRICT SECTION BLOOK LOT party of the first part,and ® ® ® ® l�+—' S p p p,,ta1� w ltd�z' /11 Zn /G JOSEPH,ABUCZEK and CHRISTINA SP�RNBERGERr presently residing at P.O. Box 184, Ridgefield, Connecticut 06887 party of the second part, WITNESSETH,that the party of the first part,in consideration 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,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Bayview, in the Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: 000 BEGINNING at a monument on the Westerly side of Victoria Drive distant 617.68 feet northerly along the Westerly 78 . 00 side of Victoria Drive from the corner formed by the intersection of the Westerly side of Victoria Drive with the 9. 00 Northerly side of Main Bayview Road; 59 . 000 RUNNING THENCE North 64 degrees 40 minutes 10 seconds West 149.68 feet to the Easterly side of land now or formerly of South Parish Realty Corp; RUNNING THENCE along said land North 25 degrees 19 minutes 50 seconds East 100 feet to the Southerly side of land now or formerly of Kaare Dahl; RUNNING THENCE South 64 degrees 40 minutes 10 seconds East 149.68 feet to the Westerly side of Victoria Drive; RUNNING THENCE along the Westerly side of Victoria Drive South 25 degrees 19 minutes 50 seconds West l00 feet to the point or place of BEGINNING. TOGETHER with a right of the use, in common with other, or right of way over the proposed highway to be known as"Victoria Drive"from North Bayview Road Southerly along land of Gritz and others and along the premises herein described to the Southeasterly corner thereof, RUNNING THENCE Southerly, Southeasterly and then again Southerly partly along land of the part of the first part and partly along land of Nidds to the Main Bayview Road. BEING AND INTENDED TO BE the same premises as conveyed to the party of the fust part by deed dated April 2, 1998 and recorded in the Suffolk County Clerk's Office on April 13, 1998,in Liber 11888 cp.261. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. ANDthr r 'of the first; artvenants that the of the first "art has not done or suffered anything �rPartY P . . � PAY P whereby tl;v,will pri ixiises liave.baen encumbered in any way whatever,except as aforesaid. AND the part}i pfir the'firsephft-wia Wmpliance with Section 13 of the Lien Law, covenants that the party of the first part will recelve Ilii+eilisideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same fust to the payment of the cost of the improvement before using any part of the total of the same for any other purposes. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ' R d W.Wickey Ele nor H.Wickey r 32802 !2r 3 .1202'7PC"748 aOEi Eo .rr,.oRD�0 Number of pages- J f 77STATE TORRENS ; MAR 14 2000 00 M0 14 PH 3t 5 Serial# 1 "0 CLE11K OF THa1vSFER TAX SUFFOLK COUNTY Certificate# SUFFOLK COUN Y Prior Ctf.# 02 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 1.Basic Tax _ TP-584 2. Additional Tax Notation /_ Sub Total EA-52 17(County) _tel Sub Total Spec./Assit. Ei , Or EA-5217(State) Spec./Add. RP.T.S.A. yCrS � TOT. MTG.TAX _ Comm.of Ed. 5 Dual Town Dual County a Held for Apportionment a Affidavit + �+ Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg.Copy ' L will be improved by a one or two family Sub Total �1 dwelling only. Other YES or NO bIf NO, see appropriate tax clause on page # GRAND TOTAL q of this instrument. 5 Al. Real Property Tax Service Agency Verification fi Community Preservation Fund .' Dist. Section Block Lot Consideration Amount $ 6civ ' St mp ' kc)(J-) Q �� S I CPF "Fax Due S 7M .akIm roved initr Is Rr-CE ED V cant Land s_���_- 7 Sati factions/Discharges/Releases List Property Owners Mailing Addres RECORD& RETURN TO: MAR 14 2000 T `r\6-loSu( � t✓S CJ C:•:...:AU',a11Y T P^l rERV KnON �-S GX ���� FUND s Title Company Information C' Co. Name LjSutt-�-4 �Sk v Title # R A5'6G3S 9 Suffolk County Recorftg & Endorsement Page 11tis page forms part of the attached _ � �c � tr made by: I (SPECIFY TYPE OF INSTRUMM, ') premises herein is situated in LN lclCs SUFFOLK COUNTY,NEW YORK TO n" In the Township of S . (`j0C2L� l n/V\(yS Nc,, In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE,TYPED OR PRINTED'IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. INSTF04P ttp://wwmorps.state.-Py.us or PHON 8) 473-7222 � I I REAL PROPERTY TRANSI^6R REPORT STATE OF NEW YORK STATE BOARD of REALpRo►ERTY SENVICEs. RP - 5217 RPdil7 itaraw 1.PropertyI 625 I Victoria DriveLocation - I STREET NUMBER STNEET NAME. i Southold I Southold 111971 Cm'OR TOWN Vx1A0E 21P CODE 2.Buyer I Buczek I Joseph Name tAer N /ixoiMy near N Spornberger I Christina LAST NAME/COFAANY- 'FlRST NAME - 3.Tax Indicate where future Tax Bills aro to be sent BNdng N other then buyer address lot bottom of form) Address U Pr N E/COMPANY h nRST NAME _ - L I . STREET NUMBER AND STREET NAME CrtY oR TO . - - STATE W CODE a.Indicate the number of Assessment 2 1 0 x .�} IOsdy II-Parta a PoraM)Check so Vary appy. Roll paresh.tyanaleread oar tics deed I I p of,Pa OR' u Part of a Parcel 4A. Ming Board with Subdivision Authority aim El \ 48 Subdivision Approval was Required for Transfer B.Dead y I I x lam`` I s oR I . 3 { I aC.Parcel Approved for Subdivision with Map Provided' Size nosh FEET oErnh _ - - S. _ Ronald W. AST WWName I. Fl NAME Wickey I Eleanor RX LASa NAME/TAAw�NY ewr NAME ' 7.Cho&the lex below which most saummiP.dpcAloothe use of the propsty at the time of aria: CAssk thi boxes bolow,as they appM S.Ownership Typo is CondaNnium AOne Family Reelde"Is E Agricultural - ) Community Service S.New Construction on Vacant Lard E B2 ora Family Hsaidwtial F Commercial J industriel .. 10A Property Located within an Agricultural District CResidential Vacent Lend G Apartment Public Service 100,Buyer received i disclosure rerice'Indketing Dn.Non-Roiddendal Vecent Land H Entertainment/Amusement L Forest that tits property is in an Agricultural District �) 'T 1&Chole ons en mss of the aces"ons as;R=to tna-WM 11.Selo Contrast GBL I V / -� / I A Sale Petwoon Relatives or Former Rslsttves. Math DayeeG B Sale Between pelsed Companies or Partners in Bieinea C Orb of lite Buyers Is also a Seller '12.Date of Sais/Transfer I 3 / 7 / 00 I D _ Buyer or Sailer.Is Government Agency or Lending instiledon Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of FTacdonal or Lao than Fee Intarost(Specify Babw) ' 13. A Full Sole ka 1 1 $ S 0 0 0 0 0 I G SigniRcem Change in Proprwe Property Somalian Taxable Stories and SBI;- ,. 9 s H Sale of Business Is Inducted in Sale Price (Full Sale Price is the total amount paid forthe property including personal properly. I Other Unusual Factors Affecting Selo Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumpilon of - J None mortgages or other obligations) Pleeee round to the newest whole dollar amount - 14:lndaetethe vahssoipersonal. N/A prop"MrahMsA 4h 11r.aaN l _ a 0 0 I 16.Year of Assrsmerd Rad from9 9 -Assessed . . 5 1 0 0 which informs- Lush 1 9. 9 1 17.Total Assessed Vslw(of eN Vessels In tyerrAerl I ; y s _ 1 18.Aopi ntir Claes L�21 9-I_J 1s.Sohsol olstrict Name I Southold ZI-X 20.Tax Map Idemdisis)/Roll IdenBdsfsl(N moa lien four,ousel sheat with addtlondidenWl-r(sl) f 1000-079.00-09.00-059.000 , ? , I cee*.mer:a6 alt the bssotbdessution eagle eV wfaf4 ate trw sad correct(to the bad of pip knowledge M boil*epd I eedeahud'IhN&aaraldvg Of m7 INJIMM-Ease sLLmmt of material herds w!♦eubJact me to Nti IhegyMeee'efdw iland,lizoe,rdindire 10&a®akho8 a»hl Ming Vthim*A rzmastr. BUYER - BUYEWO ATTORNEY- . 1- � 7 iU Richardson P RichSee hen I 9UVFr1SWNATVRE- - MTF i LAeT NAAE wwr NAME (631) I 929-3632 STNEEr NUEwER STREET NAME V3TER SALEI ARFA CODE lE1FP11pNE NUMBER CT arvoR TowN r� s a..trrl, r .i.r L. qr'-- '/ )' �[�LEp RATE LP CODE Ne !" !:� F e nt'#?•r xr Y Ifr! -t,' � , e r tt'ahs:�n, � a mita: sEtt SlaMriIIE MTE r i 1' N� t F-fa ♦ Y ;T 'L • N.Y.S.LTA FO=O8007-Papa t • .BKOWn 8 Sita Dead,With Cowwi sq"Owim'so CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRU11AENT-7113 INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. r70 THIS INDENTURE, made the 2nd Y da of April nine 1}�a• BETWEEN ninety e 'II JOHN 1, CESARE and CLAUDIA CESARE, husband and wife, 27 Taylor Road, Huntington, NY 11743 DISTRICT 8EC nON BLOCK LOT ® ® M 112 FM [M 0 12 17 21 20 party of the first part, and RONALD WICKEY and ELEANOR hu:;band and wife, C� 39 Spruce Drive, East Northport, NY 11731 party of the second'part, WITNESSETH, that the party of the first pan, in consideration of - ------------------------------------ ----------------------------------TEN and 00/100----------------------- -""""-dollars lawful money of the United States, and other lawful consideration, paid by the party of the second pan, does hereby gram and release unto the 1"of the second pan, the heirs or successors and assigns of the party of the second pan forever, ALL that certain plot,piece or parcel of land, with the building and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF 000 rW: The grantors herein are the same persons as the grantees in Deed dated 1/19/84 178 0 recorded 1/25/84 in Liber 9501 page 367. )9.00+M wr: )59.000 a 1 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof: ' Y TOGETHER with the 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 unto the party of the second pan, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law, covenants that the party of the first pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. the word 'party' shall be construed as if it read 'parties' whenever the sense of this indenture so requires. IN VMMSS WHEREOF,the party of the first part has duly executed this decd the day and year first above written. IN F- HN 3. ZSAR CLAUD A t ,r i 2 32576 ' 3 11888PG261fAMEM m Number of pages FIML EWATE -nn= TORRENS APR 13 19" oz,::, cs Serial# TRANOWTAX 000 Certificate# SUFFOLK t coum Prior Ctf.# 32576 m r Q Deed!Mortgage Instnunent Doed/Mortgage Tax Stamp Recording/Filing Stamps 4 PEES Page/Filing Feet Q Mortgage Amt._ Handling 6 1. Basic Tax TP-584 d — 2. Additional Tax _ Notation 11 Sub Total _ EA-5217(County) LJ ,d Sub Total -3C/ ,GQ Spec./AssiL — EA-5217(State) or Spec./Add. R.P.T.S.A. _=��►P _ 1A�e TOT.MTG.TAX — Comm.of Ed. 5 . 00 `�3' Dual Town Dual County Held for Apportionment Affidavit • + Transfer Tax Certified Copy Mansion Tax _ The PW-rty.covered by this mortgaga is a Rcg.Copy — Sub Total L+� �Q will b improved by a one or two famill Other dwelling may. YES or NO GRAND TOTAL If NO, we appropriate tax chain on page t of this inttrameaL PT Real Property Tax Service Agency Verification tS Title Company Information SL m«+°`*rK j Dist. Section Block Lot `'tALL STATE ABSTRACT CORP S,. 100(' 078.00 09.00 059.000 1 Company Name to V 630SI8188-13 tm ' Title Number 8.' FEE PAID BY- RO BERT R. SCHOEPFLIN, ESQ. Cash Cheek>< Charge NITO & SCHOPFLIN Payer same asR&R / E59 N4ING AVE. NAME.�,j�lor�tBHTOWN, NY 11787 ADDRESS: ,�-=P a-V RECORD& RETURN To ADDRESS 9 Suffolk County- Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT). JOHN J. CESARE AND CLAUDIA CESARE The premises hereinls situated in SUFFOLK COUNTY,NEW YORK, TO In the Township of SOUTHOLD RONALD WICKEY AND ELEANOR WICKEY / VILLAGEIn the or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ,ta,ot�,aae. LIBRA JUlPA6tJU 1 S,,,&,d N.Y.RJ U.Rmm 80179-70M-Bugain and Sale Deed. rvirA Covtnmr against Act,-Ind"idual or[:oreomion.(single,Leer) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. 20897 PHIS INDENTURE,made the 19th day of JANUAnR4 , nineteen hundred andeighty-four BETWEEN RAMOM J. CCf`> LLY, as surviving tenant by the entirety with RUTH V. t7MIOLLY, now deceased. residing at 366 Stewart Avenue, Garden City, New -York, 11530 party of the first part, and jOHN J. CESARE AND CLAMIA CESAM, his wife, both residing at 7 AnthmjyyOourtsHuntingtan, N.Y. 11743 ailqq LgGT L b;. J IT t2i 28 12 party of the second part, W ITNFS4E11f1,that the party of the first part,to consideration 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, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or I7arcel of land, with the buildings and improvements thereon Suffolk, lying and being ianhe at Bayview, Near Southold, Town of Southold, County Of and State of New York, being bounded ana.described as follows: BEGINNING at a monument of the westerly side of Victoria Drive. distant the following three courses aryl distances as measured along the westerly 'siae of Victoria Drive from the corner formed by the intersection of the westerly side of Victoria Drive with the northerly side of Main Bayview Road; 1. North 29 degrees 57 minutes 20 seconds Fast 332 feet; 2. North 34 degrees 40 minutes 30 secat-As West 155.68 feet; 3. North 25 degrees 19 minutes 50 seconds Fast 130 feet; RUNNING T� North 64 degrees 40 minutes 10 seconds West 149.68 feet to the easterly side of land now or formerly of South Parish Realty Corp.; TfN= along said land North 25 degrees 19 minutes 50 se00rr7s East 100 feet to the southerly side of land now or formerly of &-tam Dahl; THENCE South 64 degrees 40 minutes 10 seconds East 149.68 feet to the westerly side of Victoria Drive; THENCE along the westerly side of Victoria Drive, South 25 degrees 19 minutes ] 50 seconds West 100 feet to the point or place of BEGIPN=_ TOGETHER with a right of the use, in canron with other, or a right of way over the proposed highway to be known as "Victoria Drive" from North Bayview Road southerly 1 `� along land of Gritz and others and along the premises herein described to the .,S,. I southeasterly corner thereof; thence southerly, southeasterly and then again southerly partly along land of the party of the first part and partly along land h 1- of Nidds to the Main Bayview Road. GRANTOR herein was the GRANTEE in deed fmn Alf Tharaldsesr and Othilie Tharaldsen, his wife dated 9/18/68 recorded 9/24/68 in Liber 6425 cp 133. 3 - SAID premises being known as Victoria Drive, Southold, New York TAX MAP .SIGNATION I o eT4 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances .0780 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 unto the party of the second part, the heirs or successors and assigns of o9 0,t3 the party of the second part forever. 1,1059 OOb AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word '.party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above 1�)' written. 201397 IN PRESENCE OF: I (� il RECEIVED$..X52: oo REAL ESTATE J. COMM JAN 25 �4 Qy TRANSFER TAX SUFFOLK D d it In Q n G n IULIETTF A KIUCTI t o MAIUNG PLANNING BOARD MEMBERS h�o��gUFFO(,�coGy P.O. Booz 1179 S: JERILYN B.WOODHOUSEC Southold, NY 11971 Char CAOFFICE LOCATION: Z W • Town Hall Annex WILLIAM J. CREMERSOy�fO! �aO� 54375 State Route 25 KENNETH L. EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Preliminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision SUTTON SUBDIVISION 1000 - 078 .00 - 09 . 00 - 054.000 2. Suffolk County Tax Map # i nno - n7R _nn - ng - nn - n7R poo 3. Hamlet Southold 4. Street Address/ North Bayview Road Project Location 5. Zoning District R-40 6. Date of Submission 7. Sketch Plan Approval Date December 8 , 2008 8. Acreage of Site 2 .44 9. Parcel Yield Two Lots 10. Number of Lots Proposed Two a. Number of Affordable Lots Required: N/A b. Number of Affordable Lots Proposed: N/A c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: N/A 11. Acreage of Open Space N/A 0 12. Percentage of Open Space Approximately 40% 13. Range of Lot Sizes 1 .421 acre - 1 .023 acre 14. Average Lot Size 1 . 222 acre 15. Private or Public Streets North Bayview Road 16. Length ofRoad(s) N/A 17. Acreage ofRoad(s) N/A 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. NO 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies?Please list other applications which are currently pending involving this project. If possible, please provide application reference numbers. NONE 20. Application completed by [ ] owner k] agent [ ] other Signature of Preparer Date 12/ 3 1 /08 1),chard W. Vandenbur h ` 0 MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE O���F SU(/T�pl Southold, NY 11971 Chair Q OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND �,YSouthold, NY 1111 Telephone: 631 765-1938 Fax: 631 765-3136 December 9, 2008 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision of Alexander& Tracy Sutton Located on North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-09-54 and 1000-78-09-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 8, 2008: WHEREAS, this proposal is for a standard subdivision of a 2.444 acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000-78-09-78. Lot 1 would total 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft., in the R40 Zoning District; and WHEREAS, an application for sketch approval was submitted on May 20, 2008, including the sketch plan prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, on October 14, 2006, the applicant submitted a Letter of Opinion from Mr. Kenneth Zahler, Principle of Aquebogue Abstract Corp. Title Company to the Southold Town Planning Board indicating that the existing easement of ingress and egress running along the northeast boundary of the subject property is fully within the discretion of the owner as to its placement and location due to its lack of a description regarding specific dimensions; and WHEREAS, on October 14, 2008, the Southold Town Planning Board agreed with the Title Company's assessment of the easement issue; and WHEREAS, on November 26, 2008, the Southold Fire District determined that there is adequate fire protection in the area and fire access is sufficient; be it therefore RESOLVED, that the Southold Town Planning Board grants Sketch Approval on the map, prepared by Nathan Taft Corwin III, Land Surveyor dated June 15, 2007. If you have any questions regarding the above, please contact this office. Very truly yours, b E Q E Rte_-T .r� l j Jerilyn B. Woodhouse FOSTER & VANIENEIURGH, LLP Chairperson ATTORNEYS AT LAW �OSUFFO(,�c I.ANNING BOARD MEMBERS �O MAILING ADDRESS: �(/ P.O. Box 1179 JERILYN B. WOODHOUSE G y� Southold, NY 11971 Chair y OFFICE LOCATION: y • �� Town Hall Annex JOSEPH TOWNSEND ! ��0 54375 State Route 25 KENNETH L. EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON -Tefephone: 631-765=1938. Fax 631 765-3136'.717,q 3 PLANNING BOARD OFFICB !' '^ ` TOWN OF SOUTHOLD MAY 2 0 2008 Application for Sketch Approval i APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision SUTTON SUBDIVISION 1000-78-09-54 2. Suffolk County Tax Map # 1000-78-09-78 3. Type of Subdivision Standard [x] Conservation [ ] 4. Hamlet Southold 5. Street Address/ North Bayview Road Project Location 6. Acreage of Site 2.444 acres 7. Proposed Yield 8. Number of Lots Proposed 2 9. Zoning District R-40 10. Date of Submission -5 1(�) o I b g 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Alexander L_ Sutton Tracy M. Sutton P.O. Box 70 Southold, NY 11971 Agent: propertyowner(s). Alexander L_ Sutton Tracy M. Sutton P.O. Box 70 Southold, NY 11971 Surveyor: Nathan Taft Corwin III 322 Roanoke Avenue Riverhead, Y 631-727-2090 Engineer: Attorney: Foster & Vandenburgh, LLP. 220 Roanoke Avenue Riverhead, NY 11901 631-727-7731 12. Has an application for subdivision ever been filed for this property? If so,please indicate when and whether or not approval was granted by the Planning Board. NONE 13. Has a pre-submission conference been held with the Planning Board? If so,provide date. October 10, 2007 14. Has the owner/applicant met with Land Preservation? If so,provide date. NONE 15. Is any part of the property in agricultural use? NO 16. Is there an existing or proposed sale of development rights on the property? NO • 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. NONE 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). NONE 19.The site will be serviced by the following special districts or utility companies: Fire District Southold Post Office Southold School District Southold Water S.C.W.A. 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. 21. Please indicate the type of open space proposed and how it will be managed? N/A 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? Single Family Dwelling with attached garage on Lot #54 It will remain as built 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. NONE 24. Application complet I by [ ] owner [ ] agent [x] other Signature of Preparer Date 9-79 — b% FOSTER & VANDENBURGH9LLP ATTORNEYS AT LAW 220 ROANOKE AVENUE SECOND FLOOR RIVERHEAD, NEW YORK 11901 FREDERIC C. FOSTER (631) 727-7731 4 MONTAUK HIGHWAY RICHARD W. VANDENBURGH* FAX (63 1) 727-7741 WESTHAMPTON, NEW YORK 11977 ---- EMAIL:INFO@FOSTERVANDENSURGH.NET (631) 288-5550 ZACHARY IRTAZA RIYAZ FAX (631) 288-0286 TAYA N. WILLIAMS** *ADMITTED IN NY& NJ September 11, 2007 OF COUNSEL **ADMITTED IN NY& CT JILL R. PLOSKY Planning Board Office Town of Southold P.O. Box 1179 Southold, New York 11971 Re: Sutton Subdivision North Bayview Road, Southold, New York SCTM #: 1000-78-09-54 and 1000-78-09-78 We, Alexander and Tracey Sutton, owner of the properties identified as SCTM#'s 1000-78-09-54 and 1000-78-09-78, hereby authorize Foster&Vandenburgh, LLP. to act as our a ent and handle all necessary work involved in the subdivision process with the So thold tanning Board. - exan a utton Trac y Suttzi�y / i worn to before me this Z3 day of SeptembeF--29W. APiz4�L 73na Notary Public MUM R.MCCMM M NaWq PdAk,&*ai NW%& C4 mmbdm Evk tM K*1 Ne r BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FARM 8007 CAUTION:THIS AOREEMEMSHOUD BE PRE;A BYANATIDRN�1'AND REVIEWED BY ATTORNEYS FOR SEUER AND PURCHASER BE.Po�RE SI mG. THIS INDENTURE,made the 2-7 day of V!L/}+� 2007 i between NANCY SAPORITO residing at 1160 North Bayview Extension,Southoldt NY 11971 party of the first part,and ALEXANDER L.SUTTON and TRACY M.SUTTON,husband snit wife, residing at 325 Hortoss Lane,P.O.Box 70,Southol ,NY 11971 party of the second part, WITNESSETH,that the party of the first part,in cons) on of�,T�ve,n�,Qtollars and other lawful consideration,lawful money of the United States,paid by the of the a"""'T part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the petty of the second part forever, ALL that certain plot,piece or parcel of land,with the aaildings and improvements thereon erected, situate,lying and being at Southold,Town of Southold,Coun"f Suffolk and State of New York SEE SCHEDULE`A'ATTACHED HERETO AND*F A PART HEREOF The grantor herein is the same person w the grantee in r ed dated 10/9/2001 recorded 10/192001 in Liber 12148 op 168. TOGETHER with all right tide and interest if any,ofpe party of the fust part in and many streets and roads abutting the above described promises to the center lines thereof, TOGETHER with the appurtenances and all the estate d rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns oftho party ofthe second part forever. 1 AND the party of the first part,covenants that the pertylof the first part has not done or suffered anything whereby the said premises have been encumbered in any way v fudever,except as aforesaid. AND the party of the first part,in compliance with Secttm 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this cenveyan and will hold the right to receive such consideration as a trust fund to be applied first for the purpose 4f paying the cost of the improvement and will apply the same first to the payment of the cost of the improvem t before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"partit"whenever the sense of this indcnmre so requires. IN WITNESS WHEREOF,the party of the first part has duly executedthis deed the day and year first above written. NANCY SAPORMO ,. NYSBA Reidwthi Rel Esme Fwra an HoDoa°(9/00) Copyn&M Cepwe Derdapm u ,TATE OF NEW YORK ) COUNTY OF SUFFOLK j as.: j On the z 7 day of July,2007,before In the undersi��cd,personally appeared NANCY SAPORITO,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 acknowl god to me that she executed the same in her capacity,and that by her signature on the instrument,the individL21,or the person upon behalf of which the individual acted,executed the instrument. NOTARY PUBLIC v� ! ppa� EnN Yp1p( MY MSUFFOLK ION EXPIRES o DEED 11 Title No. Section 075.01 Block 09.00 Lot 054.00 SAPORITO County or Ton SUFFOLK To i SUTTON i ReW By Mail To: RICHARD VAN ENBURGH,ESQ. 220 ROANOKE AVE. RIVERHEAD,NIY 11901 Reserve This Space For Use Of Recording Office I i RYsan a klooud Ron Fwm Foom on Romna•(voo) CM*M o-PoeDe lonvnor -x- i AQUEBOGUE ABSTRACT CORP. SCHEDULEIA TITLE NO:AQ-07�S-1356 Amended 6/27/2007 Page 1 of 2 PARCEL 1-Tax Lot 54 ALL that certain plot piece or parcel of land, site, lying and being in the Town of SOUTHOLD,at SOUTHOLD,County of Suffolkid State of New York,being bounded and described as follows: BEGINNING at a concrete monument set on the s¢utherly side of North Bayview Road, distant 132.06 feet easterly as measured along the s utherly side of North Bayview Road from the comer formed by the intersection of the sputherly side of North Bayview Road and the easterly side of Highwood Road; THENCE along said southerly line of North Bayvidw Road,south 72 degrees 18 minutes 10 seconds east,200.00 feet; THENCE south 25 degrees 19 minutes 50 seconds west,400.00 feet; THENCE along lands of McLaughlin, north 72 degrees 18 minutes 10 seconds west, 200.00 feet; THENCE north 25 degrees 19 minutes 50 seconds�ast,400.00 feet to the point or place of BEGINNING. III I j - _ t C2 1 U ges I RECORDED TORRENS 2007 Aug 01 02:26:01 PM Judith N. Pascale CLERK OF SUFFOLK COUNTY dficate 4 L DOOO12516 P 177 him Ctf.k DTg 07-00102 Recording/Filing Stam Deed/Mortgage Instrument Deed/Mortgage Tax Sump K g Ps FEES 7-7 Page/Filing Fee _� _ Mortgage Ann. _ Handling / 1.Basic Tax TP-584 —� _ 2.Additional Tan _ Notation Sun Total _ FA-52 17(County) Sub Total SpaJAssit. Or EA-5217(State) Spec./Add _ R.P.T.S.A. TOT.MTG.TAX ��uussI Town_Dual County_ Comm.of Fd. 5 QO rid for Apportionment Affidavit + _ - • Transfer Tax �n3b() " � `— Mansion Tax �0 U �- Certified Copy The property covered by this mortgage is or Reg Copy wit`be improved by a one or two family Sub Total dwelling only. Other YFS_or NO_ GRAND TOTAL if NO,see appropriate tax clause on page 0 ---j--f, _of this instrument. 1 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund nist. SectionI B lock I Liit Consideration JAmount$ i 07023179 1000 07800 0900 054000 stamp Daxue t Ro Doe edv (�lJ Impro 1-AUG-0 Initials Vacant Land 7 Satisfactions/DisehargesiMelenses List Property Owners Mailing A�td Tp RECORD&RETURN TO: TD RICHARD VANDENBURGH. ESQ. SII TD 220 ROANOKE AVE. RIVERHEAD, NY 11901 8 Title Company Information Co. ame TitleAD O'_S-1356 9 Suffolk County Recordingj& Endorsement Page This page forms pan of the attached _ uu,,, I made by: (SPECIFY TYPE OF INSTRUMENT) NANCY SAPORITO The pfe�fm hereinis situated in SUFFOLK COUNTY,NEW YORK TO In the Township of SOUTHOLD AT.FRANDER L. SUTTON and TRACY M. SUTTON In the VILLAGE or HAMLET of BOXES 5 TI-IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. InVFRI BARGAIN AND SALE DEED COVENANT AGAINST GRANTOR'S ACTS(INDIVIDAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:TIES AGRFEEIENf SFlOUlD BE PRFPARIIDB AN ATfORNBYANn REVIEWED BY ATTORNEYS WRSFLER AND BEFOR/E SxaialG. TAISEWENTURE,made the %. f day of lm/ / , 2007 between / NANCY SAPORITO residing at 1160 North Bayview E:tensiola,Southold,NY 11971 party of the first part,and ! LfTTLE PUMIS PROPERTIES,INC., I 1210 North Bayview Road Ext,P.O.But 70,Southold,NY 11971 party of the second part, WITNESSETH,that the party of the fust p'pr i,in consideration of Ten Dollars and other lawful consideration,lawful money of the United States,plaid by the party of the Second part,does hereby gram and release unto the party of the second part,the heirs ala snececsons and assigns of the party of the second part forever, ALL that certain plot,piece or parcel ofwith the buildings and improvements thereon erected, situate,lying and being at Southold,Town of Souold,County of Suffolk and State of New York, SEE SCHEDULE'A'ATTACHED HERE M AND MADE A PART HEREOF Premises are the same as deed dated 10/25x99 recorded 1027/99 in Liber 11997 cp 374. TOGETHER with all right,title and i un*if any,of the party of the first part in and to any streets and roads abutting the above described,premises to the>mter linea thereof, TOGETHER with the appurtenances anda�I the estate and rights of the party of the first part in and m said premises, TO IIAVEAND TO HOLD the promises t{erein granted onto the party of the second part,the heirs or successors and assigns of the party of the second P"t 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 promises have been encumbered to any way whatever,except as aforesaid. AND the party of the first part,in compli ce with Section 13.of the Lien Law,covenants that the party of the first part will receive the consideration for I*conveyance and will hold the right to receive such consideration as a trust fund to be applied first fore purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of a improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it,read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. nn NANCYJSAPOMO NYSBA RnWWW Rat EAM Faaa as HaDoa°tWaal CoPMght Qvs eDevdupma, l i L 'I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the .1 rday of July,2007,before nI�e,the undersigned,personally appeared NANCY SAPORITO,personally(mown to me or proved 'm me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instmm}nt,the individual,or the person upon behalf of which the individual acted,executed �the /instrument. NOTARY PUBLIC KENNS.rPtnER YOM�l PUBLIC. OLK ALIFIED IN MISSIOtt dF,xplRESa��71 DEED Title No. S'ction 078.00 Block 09.00 L'ot 078.00 SAPORITO (Jouaty or Town SUFFOLK To LITTLE PIKE'S PROPERTIES, INC. Return By Mail To: RICIfARD VANDENBURGH,ESQ. 220 R11OANOKE AVE. RIVt1.RHEAD,NY 11901 Reserve This Spam For Use Of Recording 6ffice NYSBA RmWeafd Real EW Form wHotDocs°(9/00) C0M9hICVs0ff'D"dup.( Page 2 of 2 PARCEL 2—'Fax Lot 78-amended I'I ALL that certain plot piece or parcel of landp situate, lying and being in the Town of SOUTHOLD, at SOUTHOLD,County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a point on the southerly side of North Bayview Road, distant 332.06 feet easterly as measured along the southerly side of North Bayview Road from the comer formed by the intersection of the southerly side of North Bayview Road and the easterly side of Highwood Road; THENCE along said southerly,line of North payview Road,south 72 degrees 18 minutes 10 seconds east, 50.45 feet; THENCE along lands now or..formerly of Guild, south 25 degrees 19 minutes 50 seconds west, 505.57 feet to the northerly side of Liberty Lane; THENCE along the northerly side of Libert�Lane and Victoria Drive, north 68 degrees 27 minutes 10 seconds west,88.66.feet to lands now or formerly of McLaughlin; THENCE along lands of McLaughlin,north 4,5 degrees 29 minutes 50 seconds east,111.56 feet; THENCE north 25 degrees 19 minutes 50I seconds east, 400.00 feet to the southerly side of North Bayview Road,the point or place of BEGINNING. SUBJECT to the rights of oilers over above barcel,said right of way described in libe 3962 cp 79. FOR INFORMATION ONLY: DISTRICT:0100 SECTION:078.00 BLOCK:09.00 LOT:054.000&078.000 1 2 ember of pagesI RECORDED 2007 ray 01 02:26:01 PM Judith R. Pascale This document will be public CLEW OF record. Please remove all SUFFOLK carat L D00012516 Social Security Numbers P 176 prior to recording. D1r o7 X101 Deed/Mortgage Instrument Deed/li4ortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 1 O Mortgage Amt. 1. Basic Tax Handling 5. 00 �, 2, Additional Tax TP-584 Sub Total _ ' Spec./Assn. Notation —T — or EA-52 17(County) Sub Total ' Spec./Add. _ TOT.MTG.TAX EA-5217(State) i I e®are.. Dual Town_Dual County _ R.P.T.S.A. _ d� Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is t to opy S or will be improved by a one or two Nfamily dwelling only. YS Surcharge 15. 00 Sub Total�. YES or NO Other Grand Total ` If NO,see appropriate tax clause on j / /- page# of this instm ent. -)7 I 4 Disc 07023177 1000 07800 0 0 078mmunity Preservation Fund Real PropAideration Amount$ (Ol000 Tax ServitAgencyt-ATax Due s Verification Improved 6 Satisfactions/Discharges/Releases List Property Own'rs Mail RECORD&RETURN TO: Vacant Land _ RICHARD VANDENBURGH, ESQ. TO 220 ROANOKE AVENUE TD RIVERHEAD, NY 11901 TO i Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 111901 Co.Name www.suffolkcountyny.gov/clerk Title# AQ-07-S-1356 g Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) NANCY SAPORITO The premises herein is situated in SUFFOLK COUNTY,NEW YORK. SOUTHOLD TO In the TOWN of LITTLE PIKE'S PROPERTIES, INC. In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED 1M BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) s»zo Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant Is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet,flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By Identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible Impacts that may occur from a project or action. It provides guldence as to whether an impact is likely to be considered small to moderate or whether it Is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact Is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 ❑Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ®A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ®B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' EIC. The project may result in one or more large and important impacts that may have a significant impact on the environment,therefore a positive declaration will be prepared. "A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of th e application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not Involve new studies, research or investigation. If information requiring such additional work Is unavailable,so indicate and specify each instance. Nameof Action MINOR SUBDIVISION OF SUTTON PROPERTY Location of Action(Include Street Address,Municipality and County) 1160-1210 north Bayview Road Ext. , Town of Southold, Suffolk County, NY Name of Applicant/Sponsor Alexander L. Sutton and Tr M_ Sutton Address P.O. Box 70 City/PO Southold State NY Zip Code 11971 Business Telephone 631-765-3856 Name of Owner(if different) Address City/PO State Zip Code Business Telephone Description of Action: The applicant is seeking to sub—divide a parcel of 2_444 acres in size into two parels. ' Proposed parcel #1 would be 61,899 square feet and proposed parcel #2 would be 44,587 square feet. The general topagraphy is flat with slight grade to the South by South East Both parcels will have road frontage. Neither parcel abuts any water or environmentally sensitive areas. Page 2 of 21 • • L ! Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use:E]Urban ®Industrial ®Commercial Residential (suburban) E]Rural (non-farm) ®Forest ElAgriculture ®Other 2. Total acreage of project area: 2.444 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION - Meadow orBrushland INon-agricultural) .3 acres •1 acres Forested O acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres Q__acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres 0 acres Water Surface Area O acres 0 acres i j Unvegetated (Rock, earth or file 0 _acres 0 acres J Roads, buildings and other paved surfaces —_acres 2 acres Other (Indicate type) - acres acres 3. What is predominant soil type(s) on project site? 5"-f LcAM a. Soil drainage: ®Well drained IOU % of site ®Moderately well drained_% of site. ®Poorly drained _% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N-A, acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ® Yes ® No a. What is depth to bedrock04, lin feet) _.._-6.. Approximate-percentage-of-proposed-project site withslopes: --- ---- - - - -- -- --- - --- -. . 100-10% IW % ®10- 16%_% El 15% or greater_% 6. Is project substantial) contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? El Yes ® No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes �No ''JJ 1 B. What is the depth of the water table? —1D $ (in feet) 9. Is site located over a primary, principal,or sole source aquifer? ®Yes ® No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes ki No Page 3 of 21 11. Does project'site contain any species of plant or animal life that is identified as threatened or endangered? ®Yes ®No According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ©Yes ®No Describe: 13. Is the project site presently used by tine community or neighborhood as an open space or recreation area? . ®Yes ®No If yes, explain: 14. Does the present site include scenic views known to be important to the community? ®Yes ®No 1 S. Streams within or contiguous to project area: NONE a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: NONE b. Size (in acres): Page 4 of 21 i 1 7. Is the site served by existing public utilities? El Yes ®No a. If YES, does sufficient capacity exist to allow connection? ®Yes ©No b. if YES, will improvements be necessary to allow connection? ®Yes No 18. Is the site located inan agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes ®No 19. Is the site located in or substantial? contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ®Yes all 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). - - a. Total contiguous acreage owned or controlled by project sponsor: 2-4 acres. b. Project acreage to be developed: 1 acres initially; 1 acres ultimately. c. Project acreage to remain undeveloped: .5 acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A% f. Number of off-street parking spaces existing 0 proposed 0 i g. Maximum vehicular trips generated per hour: N/A lup n completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 1 Ultimately 2 i. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. .How much natural material (i.e. rock, earth, etc.) will be removed from the site? _N/A .tons/cubic yards. 3. Will disturbed areas be reclaimed ®Yes ®No ON/A a.. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Yes ® No . . c. Will upper subsoil be stockpiled for reclamation? Yes ® No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? - 25 acres. Page 5 of 21 i • �� 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? .® Yes [K] No 6. If single phase project: Anticipated period of construction: 12 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase is month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ® Yes ® No S. Will blasting occur during construction? ®Yes ® No 9- Number of jobs generated: during construction N/A ; after project is complete 10. Number,of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ®Yes ®No If yes, explain: i 12. Is surface liquid waste disposal involved? ®Yes ONo a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes ®No Type 14. Will surface area of an existing water body increase or decrease by proposal? ®Yes®No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ®Yes K1No 16. Will the project generate solid waste? ®Yes ®No a. If yes, what is the amount per montht tons b. If yes, will an existing solid waste facility be used? ®Yes ®No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ®Yes ® No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. - b. If yes, what is the anticipated site life? years. 16. Will project use herbicides or pesticides? ®Yes ®No 19.Will project routinely produce odors (more than one hour per day)? ®Yes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? ®Yes ®No 21.-Will project result in an increase in energy use? ®Yes ® No i i / If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes X® No If yes, explain: Page 7 of 21 ' Lr!, 25. Approvals Required: Type Submittal Date City, Town, Village Board ®Yes ®No - City, Town, Village Planning Board ®Yes No _Subdiyi %ion - approval City,Town Zoning Board ®Yes ED No Subdivision City, County Health Department Yes ® No approval Other Local Agencies ®Yes No Other Regional A�encies ®Yes ® No State Agencies ®Yes ® No — Federal Agencies ®Yes UNo C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ®Yes ® No - If Yes, indicate decision required: ® Zoning amendment ® Zoning variance ® New/revision of master plan Subdivision ® Site plan ® Special use permit ®Resource management plan ® Other Page 8 of 21 2. What is the zoning classificationls) of the site? R-40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Single family dwelling per lot C What is the proposed zoning of the site? R-40 5. What Is the maximum potential development of the site if developed as permitted by the proposed zoning? 1 . Single family dwelling per lot 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ®No 7. What are the predominant land use(s) and zoning classifications within a K mile radius oyproposed action? R-40 % i B. Is the proposed action compatible with adjoining/surrounding land uses with a '% mile? Yes ®No 9. If the proposed action is the subdivision of land, how many lots are proposed? 2 a. What is the minimum lot size proposed? 1 acre or greater Page 9 of 21 I 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ® Yes El No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? Yes ® No a. If yes, is existing capacity sufficient to handle projected demand? ®Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes®No a. If yes, is the existing road network adequate to handle the additional traffic. ®Yes ©No D. Informational Details � Attach any additional information as may be,4eeded to clarify your project. If there are or may be any adverse Impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification _ I certify that the information provided above is true to the best of my knowledge. c� Applicant/Sponsor Name ,/�1_ S J r I u�� Date Signature Title C)V*J I Amzwr If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN R.WOODHOUSE �Q��,OF S0U ©� Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS 41 Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND "vUI1TI Southold, NY Telephone: 631 768-1936 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: February 24, 2009 Re: Checks The referenced application(s) has/have been accepted by the Planning Board and the check(s) may now be processed to revenue. Thank you. Project Name & Type Tax Map # Amount Check bate Sutton Std.Subdivision yell 78-9-54 &78 1,000.00 1/15/09 Batta Iia Std. Subdivisio Sketch 64-3-3 1,750.00 10/18/08 LR • • IyIAQ1NG ADDRESS: P.O. Box 1179 PLANNING BOARD MEMBERS o�apF SUUTy� Southold,NY 11971 JERILYN R.WOODHOUSE h chair OFFICE LOCATION: Town Hall Annex KENNETH L.EDWARDS N54375 State Route 25 MARTIN H. SIDOR (Cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Southold, NY JOSEPH L.TOWNSEND Telephone: 631765-1938 Fa=631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: January 16, 2009 Re: Payment Please deposit the attached check into a deferred account. Payment is for a Standard Subdivision preliminary � Q,�- application not yet accepted by the Planning Board. Applicant/Project Name dl Tax Map # Amount Check bate/No. Authorization Code T Sutton Subdivision 78-9-54& 78 $1,000.00 1/15/09-#4269 LR Enc. • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B. WOODHOUSE O��Of SO(/j�o Southold, NY 11971 Chair /� o OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR G • O 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSENDIyCOU,M' Southold, NY 111' Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: October 15, 2008 Re: Checks The referenced applications have been approved by the Planning Board and the checks may now be processed. Thank you. Project Name & Type Tax Map # Amount Check bate $500 6/30/08 Peconic Land Trust Barn SP 109-1-13.2 -app fee $1,750 5/6/08 Sutton Subdivision 78-9-54 & 78 app fee LR cc: H. Lanza K. Winser T. Sadoo PLANNING BOARD MEMBERS MAILING ADDRESS: JERILYN B.WOODHOUSE -10 Sol P.O. Box 1179 Chair �� yQ/ Southold, NY 11971 KENNETH L.EDWARDs OFFICE LOCATION: MARTIN H.SIDOR Town Hall Annex G GEORGE D. SOLOMON 54375 State Route 25 � � JOSEPH L. TOWNSEND Q p� (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 PLANNING BOARD OFFICE Fax: 631 765-3136 TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: May 19, 2008 Re: Payments Attached is (afe) the check(S)/GFOdit raFd PFe listed below. Payment(s}�for deposit into a deferred account. Applicant/Project Nome & Tax Map Amount Check Date/No. Type # Authorization Code Sutton Subdivision sketch plan a78-9-54 & 78 $1750.00 5/6/08 -4153 n;Vp Mx s7" �cJkae ?>w ff 1 LR 1L�7f4NN , t sg�siaia 4153 t � Enc(s). :x. TRt scltri its( `�� 4 1, 3 1H uo �Y 05D 0D I IR e' o n -NORTH B� FORK BA K i m: .n.,.WWWWRTWORWNK OM i:0214079i2i:li"0926lil03i3b,ll3ll' 4. 153 , p` M2 }ga�sl Oy "'id av A A, r • Project Status Report for Standard Subdivisions vat t�Ss �+ YA RCbjo y!00q�pb�Q0(Okah frorg Piadi6ing l'rlokln� . l� x' h, :ju } � UE s ,tri ' zeU .' sJ Sketch Application Dates Pre-Submission Conference SEQRA Determination NQ 71 Sketch Application Received SC Planning Commission Referral ��Ar Application Fees Paid SC Mannino Commission Comments IK ERSAP Submitted Fire Department Referral r 1— Yield Plan Submitted Fire Department Comments Concept Desi n Determined Engineer Conference Fire Department Comments Sketch Plan Submission �_ _,' A SEQRA Coordination I`�C�cs Conditional Sketch Approval � �-Landscape Plan Sketch Approval Soil Conservation Plan Preliminary Plat Application Dates(6 months after Sketch Plan Approval) ••,,'' Preliminary Application Received DEIS Submission �l Application Fees Paid I I j I q Referral of Legal Documents to Town Attorney Referral of Road and Drainage Plans 113101 Comments from Legal Department Received Engineer Conference FEIS Submission �� A— n i i3) 2aOr Comments from Town Engineer Preliminary Hearing Set �{. Draft Performance Estimate 91K Preliminary Hearing Held u Draft Covenants and Restrictions A k Preliminary Hearing Closed Draft Homeowner's Association Agreement N l k Conditional Preliminpry Approval ��� Draft Road Maintenance Agreement Prelimina 6 I a� Scoping Session Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Molars Received(5) NYSDEC Wetlands Permit Received Paper Prints Received(8) NYSDOTIDPW Permit Received Final Road and Drainage Plans Trustee Permit Received Performance Guarantee Received Final Hearing Set Performance Guarantee to Town Board Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval Park and Playground Fee Paid May Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: Westlaw. 29 A.D.3d 754 Page 1 29 A.D.3d 754,815 N.Y.S.2d 674,2006 N.Y. Slip Op.03861 (Cite as: 29 A.D.3d 754,815 N.Y.S.2d 674) N sions Supreme Court,Appellate Division,Second Depart- 30k74 k. Effect of Right to Review on ment,New York. Appeal from Final Judgment. Most Cited Cases NASSAU POINT PROPERTY OWNERS Right of direct appeal from intermediate order grant- ASSOCIATION,INC.,plaintiff-appellant, ing summary judgment terminated with entry of V. judgment in action to determine claims to real prop- Leonardo TIRADO,et al.,respondents; erty,necessitating dismissal of appeal from order. Helene Behm Ciappetta,et al.,proposed intervenors- appellants. IL Appeal and Error 30 X1078(1) May 16,2006. 30 Appeal and Error Background: Nonprofit property owners association 30XV1 Review brought action to compel determination of claims to 30XV I(K)Error Waived in Appellate Court real property against landowners whose land abutted 30k 1078 Failure to Urge Objections disputed street, seeking declaration that it had owner- 30k 1078j111 k. In General. Most Cited ship interest in street or that its members had ease- Cases ment of access over street, and seeking directive re- By failing to raise issue in its appeal,property owners quiring abutting landowners to remove obstructions association abandoned issue of its ownership interest to street. Abutting landowners asserted counter- in real property in its action to compel determination claims, seeking order barring association from all of claims to that land. claims to street and declaration that they had sole title and right to exclusive possession of street. The Su- ll Easements 141 X17(4) preme Court, Suffolk County, Loughlin, J., granted summary judgment for abutting landowners on com- 141 Easements plaint and counterclaims, and subsequently denied —1411 Creation,Existence,and Termination motion by which association members and other 141 k tion,Existence, property owners sought to intervene. Association 141517 Ways in General appealed. 141k17(4) k. Sale of Platted Land in General. Most Cited Cases ,. Holdings: The Supreme Court, Appellate Division, [appurtenant n property is described in a conveyance with held that: ence to a subdivision map showing streets abut- i I) association's members had easement of access the lot conveyed, easements in the private streets over disputed street; to the lot generally pass with the g (_) members and other property owners were not the implied easements so conveyed are as exten-entitled to intervene;and and unrestricted as if they were public streets. QJ association had standing to maintain action. MEasements 141 X17(4) Affirmed as modified. 13 West Headnotes .1Easements _ -1-4-1-1 Creation,Existence,and Termination 14 1-k 15 Implication JI I Appeal and Error 30 X74 141 k 17 Ways in General 141k17(4) k. Sale of Platted Land in 30 Appeal and Error General. Most Cited Cases 30111 Decisions Reviewable 301 11(1))Finality of Determination Easements 141 X61(2) 30k67 Interlocutory and Intermediate Deci- C 2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. 29 A.D.3d 754 • • Page 2 29 A.D.3d 754,815 N.Y.S.2d 674,2006 N.Y. Slip Op.03861 (Cite as: 29 A.D.3d 754,815 N.Y.S.2d 674) 141 Easements action to compel determination of claims to parcel of 14111 Extent of Right,Use,and Obstruction land in subdivision. 141 k61 Actions for Establishment and Protec- **676 Twomey, Latham, Shea & Kelley, LLP, Riv- tion of Easements erhead, N.Y. (Martha L. Luft and I'cler M. Mott of 141k61(2)k.Injunction. Most Cited Cases counsel),for plaintiff-appellant. Members of property owners association had ease- ment of access over street in subdivision, and were Keegan & Keegan, Ross &Rossner, LLP, Mattituck, entitled to directive requiring abutting landowners to N.Y. (Daniel C. Ross of counsel), for proposed inter- remove all obstructions to street, pursuant to rule that venors-appellants. easements in private streets appurtenant to lot gener- ally pass with grant when property was described in Ciarelli & Dempsey, Riverhead, N.Y. (John 1_ Ci- conveyance with reference to subdivision map show- arelli of counsel),for respondents. ing streets abutting lot conveyed, which made rights of abutting landowners subject to rights of other property owners to whose property the street was GLORIA GOLDSTI:IN, J.P., WILLIAM P. appurtenant. MAUNNRIi1NALD0 F. RIVE.R,4, and ROBERT L LUNN,JJ. 15[Quieting Title 318 X30(1) *754 In an action to compel the determination of claims to real property pursuant to RPAPL article 15, 318 Quieting Title (1)the plaintiff appeals *755 from(a) an order of the —31811 Proceedings and Relief Supreme Court, Suffolk County(Loughlin, J.), dated 3 180 0 Parties June 14, 2004, which granted the defendants' motion 31800(1)k. In General. Most Cited Cases for summary judgment dismissing the complaint and Landowners were not entitled to intervene in action for summary judgment on their counterclaims, and brought by property owners association to compel (b) a judgment of the same court dated March 3, determination of claims to parcel of land in subdivi- 2005, which, inter alia, determined the claims, and sion, given that most of landowners were association (2) the proposed intervenors appeal from so much of members, that motion was filed after trial court's dis- an order of the same court dated March 2, 2005, as positive order was issued, and that landowners did denied their motion for leave to intervene. The plain- not explain their delay in filing. tiffs notice of appeal from the order dated June 14, 2004, is deemed also to be a premature notice of ap- 6 Associations 41 X20(1) peal from the judgment(seeCPLR 5501[c]). 41 Associations ORDERED that the appeal from the order dated June 41k20 Actions by or Against Associations 14,2004,is dismissed;and itis further, 41-k20LIJ k.In General. Most Cited Cases For an organization representing the interests of a ORDERED that the judgment is modified, on the group to maintain standing, (1) some or all of the law, by (1) deleting the first decretal paragraph _ members of the organization must have standing to thereof and substituting therefor a decretal paragraph sue, (2) the interests which the organization seeks to awarding judgment to the plaintiff on its first and protect must be germane to its purposes, and (3) nei- second causes of actions, (2) deleting the second de- ther the relief requested nor the claims asserted must cretal paragraph thereof awarding the defendants require participation of the individual members. judgment on their three counterclaims and substitut- ing therefor a provision dismissing the counterclaims, M Associations 41 X20(1) (3) deleting the fourth decretal paragraph thereof ad- judging that neither the plaintiff Nassau Point Prop- 41 Associations erty Owners Association nor any of its members who 41 k20 Actions by or Against Associations do not own land abutting the premises are entitled, 41 k20L1_)k. In General. Most Cited Cases inter alia, to a right of easement or right of use of the Property owners association had standing to maintain premises,and substituting therefor a provision that all owners of a lot depicted on a subdivision map known ©2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. 29 A.D.3d 754 • • Page 3 29 A.D.3d 754, 815 N.Y.S.2d 674,2006 N.Y. Slip Op. 03861 (Cite as: 29 A.D.3d 754,815 N.Y.S.2d 674) as"Amended Map A of Nassau Point owned by Nas- After the defendants allegedly planted trees and sau Point Properties,Inc."which map was filed in the erected other structures on the disputed street which Suffolk County Clerk's Office on August 16, 1922,as restricted or prevented access to the street from other Map No. 156 and which lot is appurtenant to the Nassau Point residents, the plaintiff commenced the premises, as described in the annexed Schedule A instant action pursuant to RPAPL article 15 to com- (hereinafter"subject premises"), shall have a right of pel the determination of competing claims to the dis- easement or right of use over the subject premises, puted property. Specifically,the plaintiff sought,inter (4) deleting from the fifth decretal paragraph thereof alia, a declaration that it had an ownership interest in the word "abuts" and substituting therefor the words the disputed strip, or, in the alternative,that its mem- "is appurtenant to", and (5) adding a provision bers have an easement of access over the disputed thereto granting the plaintiff a permanent injunction property, and a directive to the defendants to remove restraining and enjoining the defendants from placing all obstructions to the disputed property. The defen- or causing to be placed any obstructions upon the dants asserted three counterclaims,seeking, inter alia, subject premises which may impair or impede the judgment in their favor, an order barring the plaintiff previously-granted easement right and directing that from all claims to the disputed property, and a decla- the defendants immediately remove all obstructions ration that the defendants have sole title and the right that they have placed upon or have caused to be to exclusive possession of the disputed property. The placed upon the subject premises, including any signs defendants subsequently moved for summary judg- attempting to restrict access over the subject prem- ment dismissing the complaint and for judgment in ises, and restore the subject premises to the unob- their favor on their counterclaims. In an order dated structed and unimpaired condition that existed imme- June 14, 2004, the Supreme Court, Suffolk County, diately prior to the order dated June 14, 2004; as so granted the defendants' motion for summary judg- modified, the judgment is affirmed and the order ment dismissing the complaint and for judgment on dated June 14, 2004, is modified accordingly; and it their counterclaims, stating that the defendants' own- is further, ership of the property was subject only to the rights of those who owned property which abutted the dis- *756 ORDERED that the order dated March 2, 2005, puted street. Since the only properties which abutted is affirmed insofar as appealed from;and it is further, the disputed street were those owned by the defen- dants, the court, in effect, granted the defendants ex- ORDERED that one bill of costs is awarded to the clusive ownership of the disputed street, not subject plaintiff-appellant payable by the respondents. to the*757 rights of any others.After concluding that the plaintiff had no interest in the disputed street, the **677 J I J The appeal from the intermediate order court then determined that the plaintiff lacked stand- ing to maintain the instant action on this basis. dated June 14, 2004, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action(see Matti r o Alm. 39 After the order dated June 14, 2004, was issued, a N.Y.2d 241, 248, 383 N.Y.S.2d 285 347 N,L2d group of 20 landowners, 17 of whom were members 647 The issues raised onappeal from that order are of the plaintiff,moved to intervene in the instant mat- brought up for review and have been considered on ter. In an order dated March 2, 2005, the court, inter the appeal from the judgment(seeCPLR 5501[a][1]). alfa, denied the proposed intervenors' motion to in- tervene as untimely, and, using the same rationale as The plaintiff is anot-for-profit corporation organized it did in the prior order with respect to the plaintiff, concluded that the proposed intervenors did not have for the general purposes of, among other things, pro- standing. tecting, maintaining, and promoting the property in- terests of its members who own real property in the area known as Nassau Point, located in Cutchogue, L] The plaintiff appealed from the order dated June Suffolk County. The subject of the instant dispute is a 14,2004,and the proposed intervenors appealed from strip of property known as Old Menhaden Road, bor- the order dated March 2, 2005. Since the plaintiff did dered to the north by a lot owned by the defendant not raise the issue of ownership in its brief,the plain- Richard A. Winge and to the south by a lot owned by tiff abandoned this issue (see Khalona v. New York the defendants Leonardo Tirado and Luisa Tirado. Ciro Tr,dulF�. _215 A.D.2d_630 631_628 N.Y.S.2d 0 2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. 29 A.D.3d 754 • • Page 4 29 A.D.3d 754, 815 N.Y.S.2d 674,2006 N.Y. Slip Op.03861 (Cite as: 29 A.D.3d 754,815 N.Y.S.2d 674) 306) and thus effectively conceded ownership of the 20 proposed intervenors were members of the plain- disputed street to the defendants. tiff, that they filed their motion after the court's dis- positive order was issued, and that they provided no J 31141 It is well established that "when property is explanation as to their delay in filing, the Supreme described in a conveyance with reference to a subdi- Court properly denied their motion for leave to inter- vision map showing streets abutting the lot conveyed, vene (see Agii nr Fns Co. v 1' & R Truss Co. 11. easements**678 in the private streets appurtenant to A.D.3d 975 976 783 N.Y.S.2d 189; Opundi r. If'es- the lot generally pass with the grant" LScuglionc r, tun 293 A.D.2d 592, 593, 740 N.Y.S.2d 238; h2uro Common g_ealth Land Tit. Ins. Cu;2Q3. A_1).2 d 671, r Herrera 247 A.D.2d 608, 669 N.Y.S.2d 228: 672, N ti S.2d R4 quoting Hoeun v. Too-n o _Mt. �LFatter u/'1f'eivshala c Gimd1 238 A.D.2d 515. 16_ Pleasant 278 A.D.2d 264, _264-265, 718 N.Y.S.°d 657 N.Y.S.2d 9092 I81 [emphasis supplied]; see also Fischer v. Lieb- man 137 A.D.2d 485, 487, 524 N.Y.S.2d 7201. The [61171 We note that in light of the Supreme Court's implied easement so conveyed is "as extensive and erroneous determination with respect to the category unrestricted as if they were public streets" Dalton v. of landowners to whom the defendants' ownership Levy 258 N.Y.. 161, 165, 179 N.E. 371; see Fischer rights in the disputed street may be subject, the Su- r. Lichmun, supra at 487, 524 N.Y.S.2d 720;Sullivan preme Court's conclusion that the plaintiff did not v. Markowitz. 239 A.D.2d 404 658 N.Y.S.2d 634; .have standing to maintain the instant action because flrvi r. Dellmmasi.c 177 A.D.2d 839, 576 N.Y.S.2d its members "do not own property that abut the [dis- 4541. Appurtenant, or accessory to, is conceptually puted] street" is incorrect. In order for an organiza- much different than abutting, or bordering, and cer- tion representing the interests of a group, such as the tainly is much broader. Thus, by stating in the order plaintiff, to maintain standing, (1) some or all of the appealed from that the defendants'rights as owners of members of the organization must have standing to the disputed street were subject only to the rights of sue, (2) the interests which the organization seeks to other landowners whose property abuts the premises, protect must be germane to its purposes, and (3) nei- the court erroneously granted to the defendants far ther the relief requested nor the claims asserted must greater ownership rights than the defendants were require participation of the individual members (see entitled to. The Supreme Court should have followed Sbcietl; of Plastics Indus. r_Colool of Suf/olk 77 the well-established case law as set forth above and N.Y.2d 761775 570 N.Y.S.2d 778573 N.E.2d reached the conclusion that the defendants' rights 1034 **679Dentu/ So(v..._of State of Ncir_York_v. were subject to the rights of other landowners who Cmr_ 61 N.Y 2d 330, 333-334, 474 N.Y.S.2d 26 owned property to which the disputed street was ap- 462 N.I.2d 362J,Under the circumstances, the plain- purtenant. Although the plaintiff did not move for tiff sufficiently satisfied these criteria and established summary judgment, under these circumstances, we that it has standing to maintain the instant action. exercise our authority to search the record and award the plaintiff summary judgment on its first and sec- N.Y.A.D.2 Dept.,2006. and causes of action to the extent it sought a declara- Nassau Point Property Owners Ass'n,Inc.v.Tirado tion that its members have *758 an easement of ac- 29 A.D.3d 754, 815 N.Y.S.2d 674, 2006 N.Y. Slip cess over the disputed property and a directive to the Op. 03861 defendants to remove all obstructions to the disputed property -(seeCPLR 3212[b]; Dunham v. Hilco END OF DOCUMENT Canso (o.. 89 N.Y.2d 425 654 N.Y.S.2d 335 676 N.1 2d 1178 Merritt Hill f7m•vards v. ff'inJr l&ts. I'incrwel 61 N.Y.,(] 106, 472 N.Y.S.2d 592 460 N.F.2d 1077: 11 r. Giglio. 143 A.D.2d 986, 533 N.Y.S.2d 5771, L5J The proposed intervenors argue that the Supreme Court erred in denying their motion for leave to in- tervene. Under the particular circumstances of this case,and particularly in light of the fact that 17 of the 2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. • Westlaw. 75 Misc.2d 137 Page 1 75 Misc.2d 137,346 N.Y.S.2d 933 (Cite as: 75 Misc.2d 137,346 N.Y.S.2d 933) C proved by state department of health were entitled to Supreme Court, Saratoga County,New York. notice, opportunity to be heard, and right to cross- Hollis S. INGRAHAM,Commissioner of Health of examine witnesses and controvert adverse evidence the State of New York,Plaintiff, prior to revocation of approval. Public Health I_aw § V. I lI 110; ECL 5 17-1505. MILTON MODULAR,INC.,et al.,Defendants. **933 *137 Louis J. Lefkowitz,Arty. Gen., for plain- June 15, 1973. tiff; Martin H. Schulman, Asst. Arty. Gen., Albany, of counsel. Action to enjoin sales of lots and subdivision and construction upon such lots. On plaintiffs motion for McMahon&McMahon, Saratoga Springs, for defen- restraining order pending trial, the Supreme Court, dants. Edward S. Conway, J., held that revocation of previ- ously granted approval of subdivision plan by dis- EDWARD S.CONWAY,Justice: trict health officer without notice or opportunity for hearing denied due process to developers. This is a motion by the plaintiff for an order enjoin- ing the defendants, pending a trial of the action for a Motion denied. permanent injunction, from **934 selling, leasing, erecting or completing the erection of any building West Headnotes upon any residential lot on the property known as `Oak Hills Subdivision' located in the Town of Mil- L11 il-l j Constitutional Law 92 X4096 ton, Saratoga County, until a subdivision plan is ap- proved by the New York State Department of Health. 92 Constitutional Law 92XXVII Due Process The New York State Department of Health approved 92XXVII(G) Particular Issues and Applica- a subdivision plan with respect to the real property tions involved in the complaint herein known as `Oak Hills 92XXV11(G)3 Property in General Subdivision' pursuant to Section 1116 of the Public 92k4091 Zoning and Land Use Health Law and Section 17-1505 of the Environ- 92k4096 k. Proceedings and Review. mental Conservation Law. Subsequently,on April 14, Most Cited Cases 1973,Berwyn F.Mattison,the District Health Officer (Formerly 92k278.2(2),92k278(1)) of the Glens Falls District Office of the New York Revocation of previously granted approval of sub- State Department of Health, revoked the previously division plan by district health officer without notice granted approval of the plan without a hearing or or opportunity for hearing denied due process to de- notice to the defendants. Copies of a supplemental velopers. Public Health Law 5 1116;ECL 0 17-1505, letter of revocation were served on defendants and subsequently mailed to them. 121 Zoning and Planning 414 C��471.5 The plaintiff, in his moving affidavits, alleges that 414 Zoning and Planning defendants after notice ,of the revocation have erected,offered for sale,rented and leased one family 414VIII Permits,Certificates and Approvals homes upon the lots located in the subdivision,which 414VIII(D) Effect of Determination; Revoca- is in violation of *138Section 1116 of the Public tion Health Law and Section 17-1505 of the Environ- 414468 Revocation or Modification mental Conservation Law, which section prohibits 414k47L5 k. Maps, Plats, or Plans. such activity until a plan or maps of the subdivision Most Cited Cases is filed with and approved by the Department of (Formerly 268k43) Health and Environmental Control and filed in the Developers whose subdivision plan had been ap- ©2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. 75 Misc.2d 137 • • Page 2 75 Misc.2d 137,346 N.Y.S.2d 933 (Cite as: 75 Misc.2d 137,346 N.Y.S.2d 933) County Clerk's Office. Plaintiff further contends that defendants' failure and refusal to cease their building, END OF DOCUMENT selling and leasing activities constitutes a danger to the public health and welfare of prospective purchas- ers, neighboring property owners and the People of the State of New York. J 1J The defendants contend that because the revoca- tion was without notice to them or without opportu- nity for a hearing it violated the due process require- ments of the State and Federal Constitutions. The Court agrees with the contentions of the defendants. 121 Where the charges authorized the imposition by the Commissioner of penal sanctions, the accused was entitled to a hearing conducted with proper ad- herence to due process requirements. Matter of Erdman v Ingraham 28 A.D.2d 5, 8, 280 N.Y.S.2d 865, 869. There is a provision in the statute for the safeguards of a formal hearing in these cases.Public I lealtb Law. Section 12-a.Matter of Erdman v. Ingra- ham, supra. In the opinion of this Court the revoca- tion of the approval of the subdivision plan without notice and a hearing constituted a taking of a property right without due process of law which violates the State and Federal Constitutions. Procedural due proc- ess mandates notice, an opportunity to be heard, and the right to cross-examine witnesses and controvert adverse evidence. See Public health Law, Section l2-a, subdivision 6; Matter of Hecht v. Monaghan, 307 N.Y.461. 121 N.E.2d 421. **935 It is the further opinion of this Court that once a subdivision plan is approved pursuant to the Public Health Law and Environmental Conservation Law, if it can be revoked at all, and this Court finds no statu- tory provision for such a procedure, it cannot be re- voked by a district health officer without a hearing being afforded to the defendants. This Court will take judicial notice that there are other adequate protective provisions for the public health provided for by the Public Health Law and related statutes. Therefore, the motion of the plaintiff for a prelimi- nary injunction is denied. N.Y.Sup. 1973. Ingraham v.Milton Modular,Inc. 75 Misc.2d 137,346 N.Y.S.2d 933 ©2009 Thomson Reuters/West.No Claim to Orig. US Gov.Works. hew �r h C4 �� Westlaw. 150 A.D.2d 939 Page 1 150 A.D.2d 939,541 N.Y.S.2d 864 (Cite as: 150 A.D.2d 939,541 N.Y.S.2d 864) C accordance with town subdivision regulations that Supreme Court,Appellate Division,Third Depart- they had a partner who owned a 50% interest in ment,New York. property and failed to disclose a significant restriction In the Matter of Sidney REISS et al.,Appellants, on use. V. Harold E.KEATOR et al.,Constituting the Town of 121 Zoning and Planning 414 X471.5 Ulster Planning Board,et al.,Respondents. May 18, 1989. 414 Zoning and Planning 414 V III Permits,Certificates and Approvals Article 78 proceeding was brought to review deter- 414VIII(D) Effect of Determination; Revoca- mination of town planning board revoking a prior tion conditional approval of a subdivision application. 414k468 Revocation or Modification The Supreme Court, Ulster County,Klein,J.,entered 414k471.5 k. Maps, Plats, or Plans. judgment for members of town planning board, and Most Cited Cases appeal followed. The Supreme Court, Appellate Di- Prior notice and hearing was not required before vision, Yesawich, J., held that: (1) determination that town planning board could rescind conditional ap- misleading application rendered plat approval a nul- proval of subdivision plat where planning board was lity was proper where applicants failed to disclose in merely performing ministerial function of rescinding accordance with town subdivision regulations that an approval that was void ab initio due to misleading property was owned by a partnership and that there application. McKinnev's Gown Law \� 276, solids. 3, was a significant restriction on use; (2) notice and 4. hearing were not required where board was merely performing ministerial function of rescinding an 131 Zoning and Planning 414 X471.5 approval that was void ab initio; (3) claim that town ratified subdivision or was estopped from rescission 414 Zoning and Planning based on issuance of building permit was without merit; and(4) cause of action against partner for sp414b'lll g Permits,Certificates and Approvals e- 414VI1rmit Effect of Determination; Revoca- cific performance of partnership agreement and part- tion ner's counterclaim should have been severed. 414k468 Revocation or Modification 414k471.5 k. Maps, Plats, or Plans. Judgment modified and affirmed as modified. Most Cited Cases Neither town's ratification of subdivision nor estoppel West Headnotes precluded rescission of subdivision based on town's issuance of building permit where town did not have M Zoning and Planning 414 X471.5 actual knowledge of the illegal subdivision when the building permit was issued. 414 Zoning and Planning 414 V II I Permits,Certificates and Approvals 141 Action 13 0=60 414VIII(D) Effect of Determination; Revoca- tion 13 Action 414k468 Revocation or Modification 13111 Joinder, Splitting, Consolidation, and Sev- 414k471.5 k. Maps, Plats, or Plans. erance Most Cited Cases 13k60 k. Severance of Actions. Most Cited Town planning board's rescission of conditional ap- Cases proval of subdivision plat based on determination that Cause of action for specific performance to compel misleading application rendered plat approval a nul- partner to join in application to subdivide parcel pur- lity was proper where applicants failed to disclose in suant to terms of partnership agreement and partner's 0 2009 Thomson Reuters/West.No Claim to Orig. US Gov. Works. 150 A.D.2d 939 • • Page 2 150 A.D.2d 939,541 N.Y.S.2d 864 (Cite as: 150 A.D.2d 939,541 N.Y.S.2d 864) counterclaim should have been severed from Article Sidney Reiss applied for subdivision approval in Au- 78 proceeding brought against town planning board gust 1986,but his application made no mention of the to review determination of board revoking prior con- partnership or Zinn's interest in the property. The ditional approval of subdivision application. Planning Board, following public notice and a hear- McKinnev's CPLR 407,7801 et seq. ing, on November 20, 1986, granted conditional pre- **864 Riseley, Riseley, Gruner& Salzmann(Paul L. liminary approval,waived a final hearing and granted Gruner,Kingston,of counsel),for appellants. approval of petitioners' subdivision subject to two conditions: the dedication of an access right-of-way James H. Kerr, New Paltz, for Harold E. Keator, re- to lot No. 2 and dedication of a 30-foot strip along spondent. the entire frontage of the property for a county road right-of-way. Upon learning of petitioners' applica- Wilkie & Graff(Wayne L. Graff, Kingston, of coun- tion and the Planning Board's action thereon, Zinn sel),for Michael F.Zinn,respondent. objected to the subdivision as approved, evidently because his understanding of the partnership agree- ment was that the lots were to be used for single resi- MIKOLL,YESAWICH and MERCURE,JJ. approdenceval development only, whereas the subdivision approval had been unlimited and petitioners had submitted a site plan for development of a 31-unit YESAWICH,Justice. condominium complex on lot No. 2. By letter dated December 4, 1986, the Planning Board notified peti- Appeal from a judgment of the Supreme Court tioners that it would be reconsidering its approval of (Klein, J.), entered September 21, 1988 in Ulster petitioners' subdivision based on new *941 evidence County, which dismissed petitioners' application, in a submitted by Zinn showing that the parcel had been proceeding pursuant to CPLR article 78, to review a illegally subdivided two years prior to the Planning determination of the Town of Ulster Planning **865 Board's approval, and at its next regular meeting it Board revoking a prior conditional approval of a rescinded the conditional approval of petitioners'plat subdivision application. and informed them that a new application would only be reviewed if submitted by"both owners", i.e.,peti- In 1981, petitioners acquired an option to purchase a tioners and Zinn. parcel of approximately 13 acres in the Town of Ul- ster,Ulster County. In the spring of 1983,petitioners Petitioners,commenced the instant proceeding to, and respondent Michael F. Zinn entered into an oral inter alfa, annul the Planning Board's rescission of partnership agreement under which Zinn would the plat approval or, alternatively, to compel it to provide the financing to acquire and improve the par- ratify the existing subdivision or to direct Zinn to join cel in exchange for a 50% interest in the property in petitioners' application for the subdivision. Zinn which was subsequently to be partitioned between interposed a counterclaim for specific performance of petitioners and Zinn.Petitioners took title to the prop- petitioners'alleged agreement entered into in October erty as agents for the partnership, following which it 1985 to sell Zinn their lot. Supreme Court severed was surveyed and improved. In January 1985, Zinn's counterclaim and denied the petition. Peti- petitioners conveyed a six-acre portion of the parcel, tioners appeal. denominated lot No. 1, to Zinn and a roadway consuming nearly an acre to the partners as tenants in The Town of Ulster Subdivision Regulations require common, leaving six acres (lot No. 2) as petitioners' that"[t]he name and address of the owner or owners portion of the parcel. Zinn proceeded to obtain a of the land to be subdivided [and] name and address building permit from the Town's Building Inspector of the Subdivider if other than the owner" be in- in October 1985 and thereafter constructed a resi- cluded in a preliminary subdivision approval applica- dence on his lot. tion (Town of Ulster Subdivision Regulations, art V, The partners were apparently unaware that local § l[B][2]; § 2[C][1] ). The regulations also require regulations required approval of their two-lot subdi- disclosure of"[a]ll existing restrictions on the use of vision by the Town of Ulster Planning Board. Upon land including easements, covenants, utility district learning this from the Town's Assessor, petitioner boundary, or street lines" (Town of Ulster Subdivi- ©2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. 150 A.D.2d 939 • • Page 3 150 A.D.2d 939,541 N.Y.S.2d 864 (Cite as: 150 A.D.2d 939,541 N.Y.S.2d 864) sion Regulations, art V, § 1[B][41; § 2[C][1] ). Peti- subdivision when the building permit was issuedid. tioners failed to alert the Planning Board that it was at 574-575 498 N.Y.S.2d 870). being asked to consider a subdivision proposal with- out input from a 50% owner and neglected to men- u Also unavailing is petitioners' contention that tion a rather significant restriction on use, viz., that Zinn should be compelled to join in any subsequent petitioners had already conveyed away half the par- application to subdivide their parcel pursuant to the cel. terms of their partnership agreement. Those terms have yet to be established, not in the course of this L11 Whatever the motivation for petitioner's conduct administrative proceeding as petitioners would have in not bringing to the Planning Board's attention that it, but in an appropriate forum; consequently, to the the property had been illegally subdivided and that it extent the petition here in effect can be read as stating was owned by a partnership, the fact remains**866 a cause of action for specific performance of a part- that petitioners'claim,that they were acting on behalf nership agreement, it too should have been severed of the partnership, does not relieve them of the obli- along with Zinn's counterclaim, and we so sever it gation to disclose the status of the property, the now (see,CPLR 407; Matter of McNamara v. Com- names of its owners and their respective interests missioner of Educ 80 AD_'d 660, 661, 436 therein. The Planning Board's need for this informa- N.Y.S.2d 406 appeal dismissed 64 N.Y.2d 1 110, 490 Cion is obvious when the zoning decision it is asked N.Y.S.2d 186 479 N.E.2d 822; Matter of Nodine v. to make will affect the property (cf., Matter of Full- Board of Trustees of VdlaZe of Baldwinsville 44 man v Kronman 31 A.D.2d 947, 298 N.Y.S.2d A.D.2d 764 764765 354 N.Y.S.2d 248). 865 affd. 26 N.Y.2d 725, 308 N.Y.S.2d 880, 257 N.E.2d 57), and denying a subdivision application The constitutional challenge to the conditioning of because it is incomplete in this respect is therefore subdivision approval upon dedication of a 30-foot not arbitrary or illegal(see Kensington Road Ltd. v. county road right-of-way need not be addressed for it Plamnine Bd. of Villaye of Bronxville 104 A.D.2d has now been rendered academic. 854, 855 480 N.Y.S.2d 369). Accordingly, we find no basis for disturbing the determination that peti- Judgment modified, on the law, without costs, by tioners' misleading application rendered its plat ap- severing petitioners' cause of action against respon- proval a nullity. dent Michael F. Zinn for specific performance of a partnership agreement,and,as so modified,affirmed. L-_]Petitioners argue that the Planning Board's rescis- sion should have been preceded by the notice and MAHONEY, P.J., and CASEY, MIKOLL and hearing required for subdivision approval in the fust MERCURE,JJ.,concur. place (see,"Town Law § 276f31, [41 ). While public notice and a hearing serve a useful purpose where the Planning Board is making a deliberative decision N.Y.A.D. 3 Dept.,1989. based upon new evidence, here the Planning Board Reiss v:Keator was merely performing the ministerial function of 150 A.D.2d 939,541 N.Y.S.2d 864 rescinding an approval that was void ab initio. END OF DOCUMENT L.Ii Nor is there merit to petitioners' claim that the Town of Ulster ratified the subdivision or that estop- pel precludes rescission of the subdivision because the Town issued a building permit to Zinn (see, Matter of Parkview Assocs. v. Cin, of,Vew fork 71 N.Y.2d 274, 282, 525 N.Y.S.2d 176, 519 N.E.2d 1372 appeal dismissed and cert. denied 488 U.S. 801, 109 S.Ct. 30 102 L.Ed.2d 9). Unlike Matter o Lund v. Edwards 118 A.D.2d 574, 498 N.Y.S.2d 870 relied upon by petitioners, there is no evidence that the Town had actual knowledge of the illegal ©2009 Thomson Reuters/West.No Claim to Orig.US Gov. Works. TOWN OF SOUTHOLD PROPERTY RECORD CARD /oov - 7? - 9 - TP OWNER I STREET rod/ VILLAGE DIST. SUB. LOT z,kl, #01M r!D � ^ . dii e SouTli /a/ s- F RMER OWNER N E ACR. i-I N, Ela Vie S U- �k L' 6(/t'!1L/w S W CODE DATE OF CONSTRUCTION 4 . "PAND IMP. TOTAL DATE REMARKS 946 0151 N I - d 71 t o7- L V4424,--J S D1 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total SCTM # TOWN OF SOUTHOLD PROPERTY RECORD CARD F OWNER STREET I VILLAGE DIST. SUB. LOT Nexa�L l,22 M, Su n f� t3 4�ev) u a � ACR. ) cJ R� RKSa7_ LIliSI(o /7 7OW&7D TYPE OF BLD. D PROP. C2—LAI S LAND IMP. TOTAL DATE _ oo u loc) 31� o3 FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL TOWN OF 5vu i nvw rRvr1-•L■ ■ Yv,U �Q (JUT 7 '- p ffVILLAGE DIST. SUB. LOT O / STREET LS l,, ' 1 �(/ ✓�a�a l��C ACR. �O EROWNERMAS uQn Al U uti /K_Q..✓ 1 �Q /'tL� I I W/ / TYPE OF BUILDING (I � }��I I Z S(f, aL+ ep,4 Ai �cload S — W VL. FARM COMM. CB. MICS. Mkt. Value ' rf RES. �iD I SEAS. TOTAL DATE REMARKS LAND IMP. 8 do �qso pf � G tie N 0 r 393- � 1'f 1_Sf I �o 3 n b - J>'0 - UII 11 Zova 10 10 1 Z 00 -L zDSZ ? - a Qso0O 20 oc� q N 00 ay _ AGE BUILDING CONDITION W NORMAL BELOW ABOVE Acre Value Per Value FARM i Acre FRONTAGE ON WATER Til ble FRONTAGE ON ROAD Woodland DEPTH Meadowland BULKHEAD House Plot i Qui BOCK Total 20 r ...........1�.....■■■E■S CC. ■■■NONE N■■■■■■■■■1■■■ �00 •........C.....■I■.NONE. .. ■■■ ■■■■�■■■■■■■■ ■■■OO■En■■ ■■■�■■■■■■■■�iE■■■■■■■■SON ■■■■ ■■■E.■.■■■■■■■■■■■■■.■■■■■■■■ ■■O■■■■■■■■■■■N■■■■■■■■■■■■■■ • • �:• , • ■■■■■■■■■■■■■■■■■■■■■ NOON■■ �.■■■■■■■■■■■■O■■N■■E■■.■■■■■ ...■■■■aa■■■■■■■■■■■■■un NIS • 1 i r MAILING ADDRESS: PLANNING BOARD MEMBERS QF $oar P.O.Box 1179 MARTIN H.SIDOR �4�� y�/_ Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERSH Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMONp 'a��y (eor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND In C�Yn l, Southold, NY Telephone: 631 765-1938 Fax- 631765-3136 PLANNING BOARD OFFICE TOWN,OF SOUTHOLD July 14, 2009 Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision for Alexander &Tracy Sutton Located at 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-9-54 and 1000-78-9-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, July 13, 2009: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the proposed Standard Subdivision of Alexander& Tracy Sutton. The next regularly scheduled Planning Board Meeting will be held on Monday, August 10, 2009 at 6:00 p.m. If you have any questions regarding the above, please contact this office. �Very truly yours, Martin H. Sidor Chairman Submission Without a Cover Letter Sender: Subject: l/I.U...r SCrMV1000- Le Date: Comments: e—I 60T Z - lM r; � ✓ TOWN Of SOUTHOLD NOMM CAW (7VYT�lER STREET VILLAGE DIST. SUB.71 L� r `� J`• v FORMER OWNER N r E ACR. Z,6e �' �a .e ar►. ?`IPa.3 , 5-361 S W TYPE OF BUILDING IT RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value ND. IMP. TOTAL DATE REMARKS J' *ao 6 7& 6 3200 .3 a �.� t 7 LL4a`�I 2D3 db Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plat BULKHEAD Total JOHN PLV LCIC2 and V�ONLCA PA'JACICH, his Alpe, as tensn'-s ry �cne en-, z,,y born rest cing at 10 RO,ars PL ace, l�ldwln, Long Island, NOV Yorz, t a is • - , r.,i f : .I WI7NESSEIH i rt t - _. TR; (1,10.)_ ___________________________ _si.„I'.=.r., iv .I nit b. l.: 1 Sr. . and other good and valuable consideration, I ., tvntri tie P''r d:u "d lei t 7 v. .. svrcoxu�r and a ;ipns 115 tho party of the rccond 1,at forevrr, ALL that cr•'S.t plot. piece ,, p"sd of 11,11,1, ----- king acd Ixing###4#- � at I3B,y View, near Southold, in the Tom of Southold, County of 5upolk end State of New Yorlc, bounded and described as follows:- Bedhighwayat to mon be a 8s "Liberty the Lees” n of the with the westerlyyline oftfla proposed proposed obek highway to be knom as "SuffiSt Drive" said southerly lies of "Liberty Lane' being JZO feet southerly from the boundary line between land of the seller and land of Shipuleskl, and parallel thereto, end said westerly line of "Sumit Drive" being 449.94 feet westerly from the boundary line between land of the seller and lend of IStelzer, and parallel thereto; from said point of beginning running southerly along said westerly line of "Summit Drive" 175.28 feet to land conveyed by the seller to Abomsen; running thence westerly along said land, 125 feet; running thence north- erly along other lend of the seller, 1 easterly feetto a said sIron pine oft said eso th southerly line of "Liberty Lane"; runnlnp, Y a on 76 feat to the point of beginning. TOGETHER with the right to tho use, in cbrmon with others, of a right of v.9y 50 feet wide over said "Summit Drive" from the southeasterly corner of the premises northerly to said "Liberty Lace," and thence Aesteriy to a proposed highway to be known as 'Victoria Road," and thence northerly to North BByvi Road. TOGETHER also whit the right to the use, in common with others, of a right of rover said "Suamit Vibe known ase"Ed'er P. ead";lythencear of the,westerly to said"Victoriay too s proposed highway to Road," th enm southerly to Payvl etv Doed, -:JG Ef HR with the right to the use, incammn v1,th others, of a strip of land bO feet in width as an easement to Corey Crefic, said strip of land being bounded on t:^,e easterly by laid of Edson end on the westerly by land of Toedtrr and 136anson. SUBJECT to We followin3 "o'✓�.�,�!t� andr^strlction s: p 1. NO more than one dvellit n . .e sell ' erected on said prauises. . Any da,elling hau-e ore 9 on said nro.lses shell cost not less then 11000. 3. Said covenants and rertrictlons shall exslre on Junu::ry 1, 1975. :n1, seller reserves the rlght to dedi"Ite the aforesaid road: known as P5=lt IIDpuiva," "Liberty Lane," "Victoria Road,'° and "Ed's Road" to the Town of Sruthold as blic mgnways; and tine right to the use of said rights of vCy is -Ibtest and sub crdinato to such r1,-,ht of dedication; and the purchasers, by the acceptance of the deed to be Elven hereunder, consent to such decicvtic' and resecoe th" ToAn of 2C,uthold from any liability for 6argn; try r'eh on thereof. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST.1 SUB. LOT JOAC P1 Pf F RMER OWNER N / E ACR. S N,, E?A y Vi P L✓ 3'0 d ru /k (�6ZGY1 S W CODE DATE OF CONSTRUCTION 4 . LAND IMP. TOTAL DATE REMARKS / oo — /00 L39A60151 12 _ p 1 709'74 — 1 L B7— L ,7 514P 7S— S m it s<k42 7— L 1L5/ Ak Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlond DEPTH House Plot BULKHEAD Total Staodud N.T.B.T.U. For. 6007-10t*—narSain and Sala Daed,with Covenant a,ainst Grantor'.Act 0dr�al or sprparallm: LISF 9 p„t ll CONSULT YOUR LAWYER SWORE SIGNING,THIS INSTRUMENT-THIS INSTRUMENT SHOULD REUSES RT LAWTRR LT� - /� THIS INDENTURE,made the 1Z day of Pc e�.PeA-v ( ,nineteen hundred and sixty-nine, BETWEEN EDWARD NIDDS, residing at Main Road (no number) , Southold$. New York 11971, REAL ESTATE 014TA01E 0p *+ TRANSFER TAX�tt -ui;r,NEW YQRfF ee r nn g� Dept,of 003114410u 0. 0, k .o Taxation o ilFinance es.losxs f party of the first part,and .. . ... I TOWN OF SOUTHOLD, a legally constituted township located within ; the County of Suffolk, State of New York, having. its principal I� office at Greenport, New York 11944, o party of the second part. �I WITNESSETH,that the party of the first part, in consideration of Ten ($10 .00) ------------------------------------- -------- � -�" - -dollars, \ $f lawful money of the United States, paid ilby the party of the second part, does hereby grant and release unto the party of the second part, the heirs or I I successors and assigns of the party of the second part forever, I I ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, i lying and being kodrar at Southold, Town of Southold, County of Suffolk and . State of New York, being all of the land lying in the bed or propose( streets known as Victoria Drive, Liberty Lane, Colonial Road, Summit I Road, Columbia Road and Eds Road, being bounded and described, it as follows: i� BEGINNING at a point on the northerly side of Main Bayview Road distant 1398.56 feet westerly from the corner formed by the inter- section of. the northerly side of Main Bayview Road with the westerly side of Jacobs Lane; running thence North 60 degrees 02 minutes 40 seconds West, along the northerly side of Main Bayview Road, I 50 feett thence North 29 degrees 57 minutes 20 seconds East, 332 feet j thence North 34 degrees 40 minutes 30 seconds West, 155.68 fest; . 11 thence North 25 degrees 19 minutes 50 seconds East, 500 feet( thence i North 45 degrees 29 minutes 50 seconds East, 29.26 feet; thence South 68 degrees 27 minutes 10 seconds East, 429.51 feet; thence South r 57 degrees 34 minutes 10 seconds East, 485. 97 feet; thence South 28 degrees 41 minutes 30 seconds West, 635.22 feet; thence North 60 degrees 02 minutes 40 seconds West, 701.25 feet and thence South 29 j degrees 57 minutes 20 seconds West, 332 feet to the northerly side of Main Bayview Road and the Point or Place of BEGINNING. EXCEPTING therefrom the following described premises; I (1) BEGINNING at a point distant 382 feet on a course .of North 29 degrees 57 minutes 20 seconds East from, a poi4t on the northerly iside of Main Bayview Avenue distant 1398.56 feet westerly from the corner formed by the intersection of the northerly side of Mair( Bay- view Avenue with the westerly side of Jacobs Lane; running thence, North 60 degrees 02 minutes 40 seconds West, 37.65 feett thence North 34 degrees 40 minutes 30 seconds west, 115.56 feet; thence North 25 degrees 19 minutes 50 seconds East, 45,1.13 feet; thence South 68 ,. degrees 27 minutes 10 seconds East, 200.44 .feet; thence South 25 degrees .19 minutes 50 seconds West, 530.20 feet and thencip North 60 degrees 02 minutes 40 seconds West, 62.60 feet to the point orplace Of BEGINNING, and UBEROO J RGE 00 • � + (2) BEGINNING at a point distant North 29 degrees 57 minutes �+ 20 seconds East, 282 feet and South 60 degrees 02 minutgs 40 seconds I) East, 112.76 feet from a point on the northerly side of MAin BayvieN 1 Road distant 1398.56 feet westerly from the corner forme$ 4y the { intersection of the northerly side of Main Bayview Road with the westerly side of Jacobs Lane; running thence North 25 degrees 19 minutes 50 seconds East, 537 .56 feet; thence South 68 degrees 27 minutes 10 seconds East, 137.50 feet; thence South 57 degrees 34 minutes 10 seconds East, 133.76 feet; , thence South 28 degrees 41 minutes 30 seconds West, 550.28 feet and thence North 60 degrees 02 minutes 40 seconds West, 238.47 feet to the Point or Place of BEGINNING, and (3) BEGINNING at a point distant North 29 degrees 5.7 minutes 20 seconds East 282 feet and South 60 degrees 02 minutes 40 seconds East, 401.24 feet from a point on the northerly side of Maip aayvie% Road distant 1398.56 feet westerly from the corner formed by the intersection of the northerly side of Main Bayview Road with the westerly side of Jacobs Lane; running thence North 28 degrees 41 minutes 30 seconds East, 548.12 feet; thence South 57 degrees 34 minutes 10 seconds East, 250.47 feet; thence South 28 degrees 41 minutes 30 seconds West, 537.28 feet and thence North 60 degrees ii02 minutes 40 seconds West, 250 feet to the point or place of BEGINNING. The said six streets known as Victoria Drive, Liberty,Lane, Colonial Road, Summit Road, Columbia Road and Eds Road, are individually described on Schedule A, consisting of two pages, which is attached hereto and hereby made part of this conveyance. I, i �I �f I� �I � i II II ' LIBER 1J7� .RAGE $� Page 1 SCHEDULE A ; Victoria Drive BEGINNING ata monument on the' northerly. line of Main BayViOW .l Road, 1398. 56 feet westerly along said northerly line froln;•�acob0 Lane; from said point of beginning running alonq' said northerly, ' line of Main Bayview Road, North 60 degrees 02 minutes 40 seconds 'West, ,$0. 0 feet; thence the fallowing four course6t (1) North 29 degrees 57 'minute's 20 seconds East, , 3321Q, feet; thence (2 ) North 34 degrees 40 minutes 30 seconds West, 155.b8 feet, thence (3) North 25 degrees 19 minutes 50. seconds Bast, 500 0 feet, . thence (4)`' North .45 degrees '29' minutes 50 seconds Ea$t4 :A9�2b thence across the westerly end of Liberty Lane, South 14 '469- ev" k! 43 minutes 50 seconds East, 62 .02 feet; thence the following` three courses (1), South 25 degrees 19 minutes 50 seconds West, 451 . 13` feet; thence (2 ) South 34 degrees 40 minutes 30 secopds; East, 115 .56' feet;,; thence (3) South 66 degrees 02 ' minutes 40 seconds 'Sast, 38, 75 .feet; thence across the westerly end of Eds Road, South ,29 degrees 57 minutes 20 ser_onds West, 50. 0 feet; thence South 29 degrees 57 minutes 20 seconds West, 332 . 0 feet to the point of BEGINNING. ;, C, Liberty Lane BEGINNING at. the northerly terminus of the`westely line of Victoria Drive,. said point of beginning being 1016. 94 ;feet norther- ly along said westerly line`. from Main. Bayview Road; from said point of beginning running the following two courses : (1) South 68 degrees 27 minutes 10 seconds Fast,_"429.51 feet; thence (2 ) South 57 degrees 34 minutes 10. seconds, East, 485.97 feet; thence across th!� northerly end of colonial Road, South .75 degrees 33 minutes 40 secunds. West, .'68 , 51 feet; thence the follow$aq six courses: �,. (1) North 57 degrees 34 minutes 10 seconds' West$ 250.47 . feet; thence (2 ) Across the northerly end of Summit Road, ,North 57 `degreea' ; 34 minutes 10 seconds West, 50. 11 feet; thence (3) North 57 degrees 34 minutes 10'seconds West, 13j.76 feet; thence (4) North 68 degrees 27 minutes 10 seconds. West '137,50 feet; thence l; (5)' Across -the northerly end of Columbia RQad,, NOit�1 b4 degrees 27 ! minutes ',10 seconds West, 50,11 Eesti ?helico (6)'`North' 68 degrees 27 minutes 10 seconds Wegt,: ,20q�a4 feetq` klthence across the northerly 'end of said Victor d PriveO, A-Xo tfi K14 degrees 43:-minutes 50 seconds West,' 62 .02 feet to thq Pont P,f BEGINNING, ' aColonial Road RF.^INNING at the easterly terminus of the northerly Dine Of , Liberty Lane , said point of beginning being 915.48 feet easterly ive; from said point.of ii '- along said northerly line from. Vic tor.ia pr , e nvr Page 2 ` LIBEL M95 racE 90 - __ SCHEDULE A beginning running South 28 degrees 41 minutes 30 seconds West, 635.22 feet; thence across the easterly end of Eds Road, North 15 degrees 40 minutes 30 seconds West, 71. 51 feet; thence North 28 degrees 41 mimites 30 se-onds East, 537 . 28 feet; thence across the easterly end of said Liberty Lane. , North 75 degrees 33 minutes 40 seconds hast , 68 . 51. feet to the point of BEGINNING. Summit Road BEGINNING at a point on the northerly line of Eds Road, 250.0 feet westerly along said northerly line from Colonial Road; from said point of beginning running along said northerly line of Eds Road, North 60 degrees 02 minutes 40 seconds West, 50.01 feet; thence North 28 degrees 41 minutes 30 seconds East, 550.28 feet; thence along the southerly line of Liberty Lane, South 57 degrees 34 minutes 10 seconds East, 50. 11 feet; thence South 28 degrees . 41 minutes 30 seconds West, 548. 12 feet to the point of BEGINNING.. Columbia Road BEGINNING at a point on the northerly line of Eds Road, 61 . 50 feet easterly alonq said northerly line from the easterly line of Victoria Drive; from said point of beginning running North 25 degrees 19 minutes 50 seconds East, 530.20 feet; thence along the southerly line of Liberty Lane, South 68 degrees 27 minutes 10 seconds East, 50. 11 feet ; thence South 23 degrees 19 minutes 50 seconds West, 537 . 56 feet; thence along said northerly line of Eds Road, North 60 degrees 02 minutes 40 seconds West, 50. 16 feet to the point of BEGINNING . Eds Road BEGINNING on the easterly line of Victoria Drive, 332 .0 feet northerly along said easterly line from Main Bayview Road; from said point of beginning running along said easterly line of Victoria Drive, N:;rth 29 degrees 57 minutes 20 second^ East, 50. 0 feet; thence the following Five courses : (1 ) South 60 degrees 02 minutes 40 seconds East, 61. 50 feet; thence J , (2) Across the southerly end of Columbia Road, South 60 degrees 02 minutes 40 seconds East, 50. 16 feet; thence (3) South 60 degrees 02 minutes 40 seconds East 238.47 feet; thence (4) Acros; the southerly end of Summit Road, South 60 degrees I 02 minutes 40 seconds East, 50. 01 feet; thence (5) South 60 degrees 02 minutes 40 seconds East, 250. 0 feet; „thence across the southerly end of Colonial Road, South 15 degrees 40 minutes 30 seconds East, 71. 51 feet; thei.ce North 60 degrees ! 02 minutes 40 seconds West, 701 .25 feet to the point of BEGINNING. i I Ne C 1o� 2� f � 9 ;4jubenture Made this 25th day of October in the year of our Lord, One Thousand Nine Hundred Ninety Nine BETWEEN JOHN C. COCHRANE as the County Treasurer of the County of Suffolk, State of New York, party of the first part, and the COUNTY OF SUFFOLK, party of the second part. WITNESSETH, that WHEREAS by an act of the Legislature of the State of New York, Chapter 62, Laws of 1909, entitled "An Act in Relation to Taxation, Constituting Chapter Sixty of the Consolidated Laws" and the several acts amending the same, and the special tax statutes applicable to Suffolk County, it was among other things enacted that whenever any tax charged on real estate in a County not including a portion of the forest preserve is returned to the County Treasurer, he shall not return the same to the Comptroller, but if such tax with interest thereon at the rate of ten per centum per annum, computed from the first day of February after the same is levied, shall remain unpaid for six months from that date such County Treasurer shall advertise and sell such real estate pursuant to said acts: AND WHEREAS, default was made in the payment of taxes levied in the year 1996/97 so as aforesaid duly charged on sundry par- cels of land within the County of Suffolk,with interest thereon,and the said taxes remaining unpaid for six months from the first day of Febru- ary after the same was levied: AND WHEREAS, the County Treasurer of the County of Suffolk for the time being, by virtue of the power in him vested, and after due notices for that purpose published and given according to law, and after a compliance with all provisions of law of him required,did sell at public auction, at the Court House in Riverhead, in the County of Suffolk, in the month of December , in the year one thousand nine hundred and ninety-seven the parcels of land so as aforesaid charged with taxes remaining unpaid to satisfy and discharge the said taxes, and the interest and charges due thereon respectively at the time of the sale: AND WHEREAS, at said sale the premises hereinafter described were purchased by the County of Suffolk to whom the certificate of the County Treasurer of said sale was thereupon issued and delivered: AND WHEREAS, the numerical designations used to describe parcels of property within this deed are a reference to the Suffolk County Tax Map Identifier assigned to each parcel so described on the Suffolk County Tax Map. The Suffolk County Tax Map Identifier consists of the Suffolk County District number,Section number, Block number, and Lot number listed in such sequence and which has been assigned to each parcel so described. The Suffolk County Tax Map Identifiers recited in this deed are prefixed by the abbreviation 'S.C.T.M.'. AND WHEREAS, the said party of the second partthereby became entitled to the following tracts, pieces or parcels of land situated in the following named townships in the said County of Suffolk, viz: {OWN OF SOUTHOLD S.C.T.M.: 1000-078-09-078 500088 North Bayview Rd Ext ASSESSED TO: Nidds Edward SOLD FOR: $87.57 RED ADV: $12.00 "This deed is given to supplement a deed issued on May 21, 1999 and filed in the Suffolk County Clerks office in Liber 11965 Page 949 which deed did not include the above parcel." and to the title and interest therein of the persons named herein to whom said premises were assessed and appear heretofore to have belonged and of all other persons except the claims, if any, which the County or State have thereon for taxes or liens or incumbrances which said pieces or parcels of land above described were sold by the said County Treasurer at the tax sale,under and by virtue of said Act and the amendments thereto: AND WHEREAS, The said pieces or parcels of land so as afore- said sold and hereby intended to be conveyed have not been redeemed within the time prescribed by law forthe redemption thereof, and due notice of the redemption having been duly published as required by law: a�• aa..yaaa r NOW THEREFORE, This Indenture Witnesses that the said party of the first part, as County Treasurer of Suffolk County, by virtue of the authority vested in him by law,for and in consideration of the amounts charged against such said parcels for taxes, including interest and penalties, and charges for advertising notice to redeem as above set forth, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, conveyed and released, and by these presents doth grant, bargain, sell,convey and release to the said party of the second part, and to its assigns forever, the said pieces and parcels of land above described, with the hereditaments and appurtenances to the same belonging to be located and laid out and possession acquired, however, by and at the expense of the party of the second part: TO HAVE AND TO HOLD the same to the party of the second part its assigns forever, subject to the claims, if any, of the County of Suffolk and the State of New York for taxes or liens or encumbrances. IN WITNESS WHEREOF, the County Treas- urer of the County of Suffolk, party of the first part,in pursuance of the authority vested in him by law, hath hereunto set his hand and affixed the seal of his office, the day and year first above written. Signed, sealed and delivered In Presence of As COUNTY TREASURER of the County of Suffolk, State of New York. STATE OF NEW YORK ss: COUNTY OF SUFFOLK On this 25th day of Octoberin the year 1999 before me, the undersigned, personally appeared JOAN C. COCHRANE County Treasurer of Suffolk County, New York, 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 acknowledged to me that he/she executed the same In his/her capacity as County Treasurer of Suffolk County and that by his/her signature on the instrument, executed the instrument. Notary Public Made this 25th day of October in the year of our Lord, One Thousand Nine Hundred Ninety Nine BETWEEN JOHN C. COCHRANE as the County Treasurer.`of the County of Suffolk, State.of'New York,:party of the first part, and the COUNTY OF SUFFOLK, party of the'second part WITNESSETH, that WHEREAS by an act of the Legislature of the State of New York, Chapter 62, Laws of 1909, entitled�"An, Act in Relation to Taxation, Constituting Chapter Sixty of the Consolidated Laws" and the several acts amending the same, and the special tax statutes applicable to Suffolk County, it was among other things . enacted that whenever any tax charged on real estate in a County not including a portion of the forest preserve is returned to the County Treasurer, he shall not return the same to the Comptroller, but if such tax with interest thereon at the rate of ten per centum per annum, computed from the first day of February after the same is levied, shall remain unpaid for six months from that date such County Treasurer shall advertise and sell such real estate pursuant to said acts: AND WHEREAS, default was made in the payment of taxes levied in the year 199697 so as aforesaid duly charged on sundry par- cels of land within the County of Suffolk,with interest thereon,and the said taxes remaining unpaid for six months from the first day of Febru- ary after the same was levied: AND WHEREAS, the County Treasurer of the County of Suffolk for the time being, by virtue of the power in him vested, and after due notices for that purpose published and given according to law, and after a compliance with all provisions of law of him required,did sell at public auction, at the Court House in Riverhead, in the County of Suffolk, in the month of December , in the year one thousand nine hundred and ninety-seven the parcels of land so as aforesaid charged with taxes remaining unpaid to satisfy and discharge the said taxes, and the interest and charges due thereon respectively at the time of the sale: AND WHEREAS, at said sale the premises hereinafter described were purchased by the County of Suffolk to whom the certificate of the , County Treasurer of said sale was thereupon issued and delivered: DISTRICT `- SECTION BLOCK LOT , TOWN OF SOUTHOLD S.C.T.M.: 1000-078.09-076 A(c) LAND USS CODE 3Z0 500088 North Bayview Rd Ext ASSESSED TO: Nidds Edward SOLD FOR: $87.57 RED ADV: $12.00 "This deed is given to supplement a deed issued on May 21, 1999 and filed in the Suffolk County Clerks office in Liber 11965 Page 949 which deed did not include the above parcel." 13498-' "R � I 1. 1�1 RECEN'ED 0 11997PC374 $_= 99OCT 27 1112.-" REAL ESTATE EllY1,1Ft0 P. RO{1A1NE NunA cr of pages OCT 2 7 1999 CLERK OF TORRENS SUFFOLK COUNTY TRANSFER TAX SUFFOLK Certificate tl COUNTY 13498 DccJ/mortgage Tax Stamp Recording/Filing Stamps Decd/Mortgage Instrument 4 FErs Page/Filing Fee -- X to T Mortgage Amt. 1, Basic Tax llandliug 2. Additional Tax — TP-584 — Sub Total Notation — Sub Total SpccJAssiL EA-5217(County) or EA-5217(Stale) /Add. TOT.WW.TAX R.P.T.S.A. _1--- Dual Town Dual County Comm.of Ed. ' S • 00 — Held for Apportionment 3 Transfer Tax Artidavit �QS� Mansion Taxa e is Certified Copy,. The property, or covered by flus ta will be Improved by a one or tww 8 o tamit} Reg.Copy dwelling only. Sub Total YES or NO Other It NO, see appropriate tax clause on page I GRAND TOTAL •-- of this instrument. $:: Rent Properly Tax Service Agency Verification Title Company Information 1 . Dist. Section Block Lot rte' d Q Company Name S– le4 1� D >1(Af0 Z Title Number Initials FEE PAID BY: Cash Check Charge 33 0 � ke rpt �V�sz, Payers1ame+fdo&R. t> Y\ \\ct, U NAME: ADDRESS: RECORD&RETURN TO owner..'s time & (ADDRESS) 9x' Suffolk County'Recording & Endorsement Page _made by: This page forms part of the attached_ (SPECIFY TYPE OF INSTRUMENT) C.Coc ISP tit The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of S in the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FtILVI(j. j INSTRUCTION ttp://Vvww.orpstette.ny.us or PHONE1 473-7222 C0)JNTY USE ONLY 4 —/7 REAL PROPERTY TRANSFER RE/ POR SWIS Code I r ' 1 -> I I� I STATE OF NEW YORK lO � T19 STATE BOARD OF REAL PROPERTY SERV( S C2. Date Deed Recorded I / / I 9 `�M °° RP - 5217 C3. Book C4. Page d �a RP-5217 Rev 31" PROPERTY INFORMATION 1. Property I North Bayvi" Rd Location STREET NUMBER STREET NAME I i I [RY OR TOWN VILLAGE ZIP CODE 2.Buyer I SUFFOLK COUNTY TREASURER I I Name LAST NAME/COMPANY FIRST NAME I LAST NAME/COMPANY FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent I I Billing if other than buyer address(at bottom of form) Address LAST NAME/COMPANY Fear NAME I I I STREEY NUMBER AND STREET NAME CITY OR TOWN STATE ZIP CODE 4.Indicate the number of Assessment 1 (Only B Pert of a Pascal)Check as they apply: Roll parcels transferred on the deed #of Parcels OR ❑ Part of a Parcel 4A Planning Board with Subdivision Authority Exists ❑ 5.Deed 50 46.Subdivision Approval was Required for Transfer ❑ Property I X I I ORI I 4C.Parcel Approved for Subdivision with Map Provided ❑ Size FRONT FEET OEM ACRES SUFFOLK COUNTY TREASURER I N 6.NaSaime LAST NAME/COMPANY FIRST NAME Name I I EAST NAME I COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: S.Ownership Type is Condominium ❑ A One Family Residential E Agricultural I Community Service 9.New Construction on Vacant Land E]B 2 or 3 Family Residential F Commercial J Industrial 10A.Property Located within an Agricultural District ❑ C Residential Vacant Land G Apartment KPublic Service 10B.Buyer received a disclosure notice indicating ❑ D Non-Residential Vacant Land H Entertainment/Amusement L Forest that the property is in an Agricultural District SAtf FORMATION 15.Check one or more of thew Conditions as applicable to transfer: 11.Sale Contract Date I 12 / 12 / 97 A Sale Between Relatives or Former Relatives Month Day Year B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Date of Sale/Transfer / / I D R Buyer or Seller is Government Agency or Lending Institution Month Day year E g Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) G Significant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price0 0 I H Sale of Business is Included in Sale Price (Full Sale Price is,.the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of ) None mortgages or other obligations.) Please round to the nearest whole dollar amount. TAX DEED 14.Indicate the value of personal I Q 1 (q -y property included in the sale 5 7 e ASSESSMENT INFORMATION-Data should reflex the latest Final Assessment Roll and Tax Bill - 16.Year et Assessment Roll from 96/97 N/A ; which information taken �-� 17.Toth Assessed Value(of all parwls in tramisrl I _ 18.Property Class f -u 19.School District Name 20.Tax Map ldemfier(s)/Roll Identifiers)(l more then four,attach sheet with additional IdentRieHsll 1000-078-09-078 J �� I I I I I I I I CERTIFICATION I certify that all of the items of information entered on this form are true and corm)(to the best of my knowledge and belief)and I understand that the making of any willful false statement of material fact herein will subject me to the provisions of the penal law relative to the seeking and Ming of false instruments. BUYER BUYER'S ATTORNEY 10/25/99 r �AJre NATURE DATE EAST NAME FIRST NAME 330 CENTER DRIVE STREET NUMBER STREET NAME IRFFER 84LE) AREA CODE TELEPHONE NUM RIVERHEAD I NY 11901 CITY OR TOWN STATE ZIP CODE SELLER CITYIPTOWN ASSESSOR COPY e,rdW N.Ya,T.ur1oQ4 I'll mwrend Woe"'ll Conmou—IMLldwlxCame,,,1a, 4r3916 PAGE Usa.p S-20-_F0 J u THIS INDENTURE,made the S*fday of August ,nineteen hundred and fifty-five BETWEEN HOWARD A. TOEDTER, residing at 60 Sutton Place South;.New York, New York, NELSON T. DICKINSON and THELMA D. DICKINSON, both residing at 63a Centre Avenue. Bay Shore, Town of Islip, County of Suffolk, State of New York, J l-` its p kf the first part,and EDWARD NIDDS, of Southold, Suffolk County: New York, party of the second part, WITNESSETH,that the party of the first part,in consideration of TEN and 00/1Q0($10.00) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ dollars, lawful money of the United States, and other good and valuable considerations paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situates.- lying and being immba at Bayview, 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 Bayview Road at a point thereon which is intersected by the westerly line of land heretofore conveyed by Howard A. Toedter Inc. to Mahlon D. Dickerson and others by deed dated 7-15-1949 and recorded 7-16-49 in Liber 2971 cp 86; running thence North 51 s degrees 23 minutes West along the Northerly line of Main Bayview Road a distant. of 20.16 feet to land heretofore conveyed by Howard A, Toedter Inc. to Lefferts Edson by deed dated 7-15-49 and recorded 7-16-49 in Liber 2970 cp 581; and running thence along the said last mentioned land the following 4 courses and distances; 1) North 31 degrees 22 minutes 20 seconds East a distance of 233.87 feet, 2) North 51 degrees 23 minutes West a distance of Z24.74 feet, 3) North 60 degrees 02 minutes 40 seconds West a distance of 305.57 feet, 4) South 29 degrees 57 minutes 20 seconds West a distance of 23Z feet to the Northerly line of Main Bayview Road; running thence North 60 degrees 02 minutes 40 seconds West a distance of 483.47 feet to the Easterly line of land heretofore conveyed by Howard A. Toedter Inc. to Charles W. Colombo by deed 2-28-1950 and recorded 3-6-1950 in Liber 3052 cp 113; and thence running along the last mentioned land the following 2 courses and distances: 1) North 25 degrees 20 minutes 20 seconds East a distance of 400 feet, 2) North 60 degrees 55 minutes 30 seconds West a distance of 150 feet to land now or formerly of Mary L. Dayton; running thence North 25 de- grees 19 minutes 50 seconds East alongland now or formerly of Mary L. Dayton a distance of 595.82 feet to the Southerly line of land heretofore con- veyed by Howard A. Toadter Inc. to Walter Gritz and Victoria Gritz, his wife .by deed dated 10-17-49'andrecorded 10-18-1949'in Liber 3006 cp 405; running thence along the last mentioned land the following 2 eourans and distances; 1) South 72 degrees 18 minutes 10 seconds East distance of 200 feet, Z) North 25 degrees 19 minutes 50 seconds East a distance of 400 feet to the Southerly aide of North Bayview Avenue; and thence running South 72 degrees 18 minutes '10 seconds East along the Southerly side of North Bayview Avenue a diatance of 50.45 feet to the Westerly line of land heretofore conveyed by Howard A. Toedter Inc. to Walter Szybkoaeki and Anastasia Szybkowski, his wife, by deed dated 10-22-1949 and recorded 10-24-1949 in Liber 3009 cp 164; running thence o along the last mentioned land the following 2 courses and distances; 1) South 25 I ti�At'Sat/ n oasll w c1 dear 9 minutes SO•eeonde West a distance of 400 f minutes 10 seconds East a di *) South 72.de-`. - area stance of 200 feet to.laad which,was J heretofore conveyed by Howard A. Toedter Inc'. to Edward J. Shfinenski and Laura V. Grits by deed dated 1-14-1950 and recorded 1-27-50 in Libe ; 3040 cp 409; and running thence along the last mentioaedland the foliowing 2 courses and distance,; 1) South 60 degrees 58 minutes 30 seconds East a distance of 127.03 feet; 2) North27 degree, 43 minutes 10 seconds East a distance of 427.93 feet to the Southerly side of North Bayview Road; running thence South 72 degrees 19 minute, 10 seconds East along the Southerly aide of'North Bayview Road a distance of 20.31-feet to the Westerly line of land heretofore conveyed by Howard A. Toedter,•Inc. to Martin J. Shkpuleski by deed dated 7-15-1949 and recorded 7-16-19494n Liber 2971 cp 83; running thence along the said last mentioned land the following 2 courses and dia- tances: 1) South 27 degrees 43 minutes 10 seconds West a distance of 431.91 feet, 2) South 57 degrees 34 minutes 10 seconds East a distance of 587.21 feet to the Westerly line of land heretofore conveyed by Howard A. Toedter Inc.., toFrankStelzer, by deed dated 8_15-1949 and recorded 8-17-1949 in Liber 2982 cp 47 and theme running along the laet mentioned land the following 2 course, and distances: 1) South ZB degrees 41 minutes 30 seconds West a distance of 430.82 feet, 2) South 59 degrees 30 minutes 20 seconds East a distance of 88.77 feet to the Westerly line of land of Mahlon D. d Dickerson and others first above mentioned and thence running.South 31 de- grace 22 minutes 20 seconds West along the said Westerly line of Mahlon D. Dickerson and others a distance of 670,27 feet to the Northerly line of Main Bayview Road at the point or place of BEGINNING, and also including the right to use a strip of land 50 feet in width as an easement to Corey Creek, said strip of land being bounded on the easterly by land of Edson and on the westerly by land of Toedter and Dickinson. SUFFOLK COUIWI BARGAIN AND S= D® , THIS INDffiW'1'UBE, made the /g 7WI day of ��y , 2007 BETm= the COUNTY OF guMLK, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, party of the first part, and le/li e NANCY SAPORITO, P.O. Box 1600, North Bayview Road Extension, Southold, New York 11971, part�of the second part, ` WITNESSETH, that the party of the first part, pursuant to Resolution Number 697-2007 adopted ' by ' the Suffolk County Legislature on June 26, 2007 and, thereafter, 'approved by the Chief Deputy County Executive on June 29, 2007, in consideration of Five Thousand One Hundred One dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain plot, piece or parcel of land with any -------- buildings and improvements thereon erected, situate, lying and DISTRICT being in the Town of Southold, County of Suffolk and State of 1000 New York, described on the Tax Map of the Suffolk County Real -------- Property Tax Service Agency as District 1000, Section 078.00, SECTION Block 09 .00, Lot 078.000, and acquired by Tax Deed on October 078. 00 25, 1999, £rom John C. Cochrane, the County Treasurer of Suffolk -------- County, New York and recorded on October 27, 1999, in Liber BLOCK 11997, CP 374, and otherwise known as and by Town of Southold, 09. 00 N x North Bayview Road Extension; E x now or formerly Jack A. & -------- Mary E. Guild and now or formerly Town of Southold; S x Liberty LOT Lane; W x now or formerly Thomas W. & Dorothy E. Wall and now or 078. 000 formerly Barbara J. McLaughlin and now or formerly Nancy ------- Saporito, C�.t/o1 S1 Toms= with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; ^' an TOGETHER with the appurtenances and all the`6state and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. SUBJECT to all covenants, restrictions and easements of record, if any. THIS DE® is 'given subject to any easements of Record for 2ngress and Egress to abutting roads. The premises described herein shall not' be independently improved by the erection of any structure, and 'can be merged with grantee' s adjoining parcel if applicable' so as to form one single lot. There can be no further subdivision of' the merged parcel unless it is consistent with local town and/or village zoning codes and standards of the Suffolk County Department of Health Services, applicable at the time application is made. THIS restrictive covenant shall be enforceable by the County of Suffolk by injunctive relief or by any other remedy, in equity, or at law. The failure of the County of Suffolk or any agency thereof to enforce this covenant; shall- not be deemed to impose any liability whatsoever upon the County of Suffolk or any officer, employee or agent thereof. THIS covenant and restriction shall run with the land and shall be binding upon the grantee, its w�a rao • successor and assigns, and upon all persons claiming under them. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first• part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. THE WORD "PARTY0 shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WREREOT, the party of the first part has duly executed this deed the day and year first above written. COUNTY OF SUFFOLK, NEW YORK In Presence Of: By: CHRI PHER E. KENT, Division Director Division of Real Property Acquisition and Management Department of Environment and Energy STATE Or NEW YORK ) ss. e COUNTY OF SuBYOLK ) '� On the /$?47 day of in the year before me, the undersigned, personally appeared Christopher E. Kent, 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 acknowledged 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 individual acted, executed the instrument. Not .r % . 7;e� of � York BARGA3 N AND SALE DEED e. O/ o - i e / f Without Coveaaut � �� ,,v sv %&.c e4w'r Cow.r..rrnr owrixer rMAr'K=O/ SUFFOLK COUNTY TO RECORD AND RETURN TO: NANCY SAPORITO 2 Number of pages 3 TORRENS RECORDED 2007 Rug 01 02:26:01 PM Serial M Judith R. Pascal': CLERK OF Certificate 9 SUFFOtX COUNTY L D00012516 Prior Ctf.0 P 175 Deed/Mongage Instrument Deed/Mortgage Tax Stamp Retarding I Filing Stamps 4 1 FEES Page/Filing Fee Mortgage Amt. ' Handling S 1.flasic'1'ox _ 'fP-584 2. Additional Tax Notation Sub Total _. PA-52 17(County) �t Sub Total Spa O Assit. FA-5217(State) / Spec./Add. R.P.T.S.A. µ TOT.MTG.TAX _ Dual Town Dual County Comm.of Ed. 5 QQ__ ��` I leld for Apportionment __ Affidavit • a Transfer Tax sI� Mansion Tax i(ied Co The property covered by this mortgage is or py will be improved by a one or two family RcC Sub Total dwelling only. Other Y f YES— It tax c GRAND TOTAL �'A if NO,see appropriate tax clause an page N of this Instrument. 1 Real Property Tax Service Agency Verification ti Community Preservation Fund Dist. Section B lo! Lot Consideration Amount S 07023176 1000 07800 0900 078000 — CPF Tax e",Stamp Stamp P T S Date SMA A Improved ,AUG Initials '— Vacant Land tr SSatisfactions/Discharges/Releases List Property vwnrrb ivio uoa nu....+i TD RECORD&RETURN TO: TD OLSEN & OLSEN LLP TD _ P. 0. 1104 706 CUTCHOGUE, NY 11935 g Title Company Information Co. Name 71tic N AO-07—S-1356 9 Suffolk County Recording & Endorsement Page This page Pons part of the attached _ DEED madc by: (SPECIFY TYPE OF INMUMENf) sOnbrry nTr gntrrnT is The prernises herein is situated in SUFFOLK COUNTY,t%TsW YORK TO In the Township of SOUTHOLD NANCY SAPORITO In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) 11111111IIIIHill 111II I1111111IIIIIIIIII11111111 11111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Inatrumaut: DEEDS/DDD Recorded: 08/01/2007 Number of Pagans 3 At: 02:26:01 PM Receipt Number : 07-0070592 TRANSFER TAX NUMBER: 07-00100 LIBER: D00012516 PAGE: 175 District: Section: Block: Lots 1000 078.00 09.00 078.000 EXAMINED AND CHARGED AS FOLLONS iDeed Amount: $5,101.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COB $5.00 NO NYS BRCHO $15.00 NO ZA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $5.00 NO RPT $30.00 NO BCTN $0.00 NO Transfer tax $22.00 NO Comm.Pres $0.00 NO Fees Paid $266.00 TRANSFER TAX NUMBERS 07-00100 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County .-PMUEITYPE OR'PRESS'FIRML'Y'WHEN WRITI G ON FORM ' INSTRUNS: hnpJw . /wworps.statemy.us or PH& (619) 473-7222 FOR COUNTY USE ONLY 3 � q I4,1 3, , , J REAL PROPERTY TRANRE SFER PORT C1.Swls code �7STAT!OF NEWORS V CZ.Rate Deed Reseeded I1 � 7 1 STATE 10ARD a WIAL NRON M$l ri= ++ RP - 5217 W.Beak I I ,/�.�. l I Cd.Paas L , - u-atn M Sar PROPERTY INFORMATION ' 1.Rehr"I I If104rV ZN,*eo!' Loudon— , 2.farya O,C/ T19 i arae AldifA/ I Num. I 1 for Ilal/I ar.rr 1Tax INdlrauwom hors TaxSIWwfoIfoum MBhne M odw town laryr adbw le beaem of form) I wt t 1 Address I I Sol I sligr 1.builude the number d AssessmentM*B Part of a Preall Ord as they applac NoprWe bernrlom d or dr deed 1 / I Y of Pareew oil 1:1 Part of a Parcel K PmrJ V BaW whh frodmlawn Audwrlry Erdoe ❑ Dead .�.GtLd✓L�IK IS.Sub*:bn Apprm l ws Required for 7wmlr ❑ L►npanr '�d If S L 1001 • — I IG t MfxtlPI-10dProakx SutxP im w1h JAW Pad S.e (_ ❑ olio N /� n v.r;Y G9 F .JyFi� L< Kemp 1 1 �raraarwr it I 4–D r r 1 woe I 7.Chuh tM box hsfow whwA novel mouldy dwel6w the res of tM prapamy at rie lana d ole ride ria hexa breNr as rise sppltr. IL OwrwWp Tnlpe is Condominium ❑ A OnaftWi RaidsmW L• Agricultural 1 lbmmunity Ssmim a New Construction an Vowed Lard ❑ B 2 or!Fantod Raddrrdsl F Commercial 1 hxfobW IM FW%mrj LoomW vsM r Apkuloral M rie ❑ C Residents!Vwra lard G� Apodo" K Pubs:Ssmpe ISS.Ow nwN do disclosure nodal ❑ D Non•Retdentlw Vsnor Land H Emenoornwm I Amwmem L Fonar dot an proprly It H es Awkward poli SALE INFORMATION 1 11.Clod w or maw of Sreaa uraYpm as appamW a vowler 11.Sty Cabot Boa I // �W LI A Sale llrwrn RSWwe or Forcer ReldMs B BW Behown Relied CompWr a Pram in Bairws C Orr of tae Buyer;It oura Salver IL Bee of SW I TtamNr I 07/ 18 / o71 D -sopor Selw is CwwNrrr Arty aiendFpMwkdir._ VAM a7 Yeo E CSW Type not WNW"of Borger No ads ISplow ffobrl F lisle of Fradlanal or Lw Yuan Fr hand KNdfy Wowd and s G I&FNB Sou Prim 1 .O . 0 . 0 f erg Clnnip an ptaporty BTam"S eano tyr od p ! s H SW d"news is Included in Sale Him IFNlt Saw Him Is tM out amount peld for the propmy including praonal p operty. 1 Odor Unuaud Factors Alluding SW Pro Mpodb Sloe) This prnra may be in de form of air onhar pnperty or goods,or 1 e wunwwn of J aero r mrtypw or adw oEBrae.) Pilaw rood to dr names whofo dollar engram 14.1 1 the value of Irwond I O 0 0 1 pre-1 kekrded In fre who a ASSESSMENT INFORMATION-Data alabld reflect the latest Final Awwmsnt Roll and Tax S81 14.Year of Assessment PAN heat I p • W Mou ,( I 17.Tased Value(of Y prat In trardad 1 ! P CP whkh Iolmrrrdor takes M Haverty cue 3 hU It fora!lwmwt Name I S0.Tax Map Muddled!!Res Il%MftW 01 maw than lea.attach aMd with additional IdrWWW) 79.0 0 - o y - 0 76? 000 1 L 1 I I I I CERT1R2 TMM7N 1 mrttry*4 N of dr Ilam of leporadlua mitred se this firm are Ime ted mNnrw le the bot or NT Ieswis IS ad bifid and 1 uodti Bond rid on aaklop of any%W d Bake eerwcantt of masrld fact beaada■m abJM met to rive amlwam or rie goad bw 1eIIRlw fo de making and dog of Ibbs lubwm4r BUYER BUVEIYS ATTORNEY 0 1/F'107 1 A � ,t^0c,To Nam owe mer None moa now srsrrwre foto .rA mct ,nemore Snow ._r#f nyd �� 1 /✓'Y• 1 11971 tanrtwn � true move Lear,rrr of JvffivC SELLER ENEWYORK STATE 7 COPY we r Ti 0-F �eW 0 I/,AAJ / j 'W- - 7t 19 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREFAIMT SHOULD HE PREPARED BY AN ATrORNEY AND REVRwFD BY ATNRNEYS FOR SELLER AND PURCI tASER BERM S"*M THIS INDENTURE, made the Z I day of�W 2007 i / between NANCY SAPORITO residing at 1160 North Bayview Extension,Southold,NY 11971 party of the first part.and \ LITTLE PIKE'S PROPERTIES,INC., 1210 North Bayview Road Ext.,P.O.Box 70,Southold,NY 11971 party of the second part. WITNESSETH,that the party of the fust part, in consideration of Ten r lawful consideration,lawful money of the United States,paid by the party of the secon docs hereby grant and release Raw the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Southold,Town of Southold.County of Suffolk and State of New York. SEE SCHEDULE'A' ATTACHED HERETO AND MADE A PART HEREOF Premises are the same as deed dated 10/25/99 recorded 10/27/99 in liber 11997 cp 374. TOGETHER with all right,title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the fust part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the patty of the first part,covenants that the party of the fust pan has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part.in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same fust to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year fust above written. NANC O NYSBA Raidwdd Red P.91WFww w IIwlkns'191001 CupyrfalaC�roa�1)evebpmeal Page 2 of 2 PARCEL 2 —Tax Lot 78-amended ALL that certain plot piece or parcel of land, situate, lying and being in the Town of SOUTHOLD. at SOUTHOLD,County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a point on the southerly side of North Bayview Road, distant 332.06 feet easterly as j measured along the southerly side of North Bayview Road from the comer formed by the intersection of the southerly side of North Buyvicw!toad and the easterly side of Highviood Road; THENCE along said southerly line of North Bayviow Road,south 72 degrees 18 minutes 10 seconds east, 50.45 feet; THENCE along lands now or formerly of Guild, south 25 degrees 19 minutes 50 seconds west, 505.57 feet to the northerly side of Liberty Lane; THENCE along the northerly side of Liberty Lane and Victoria Drive, north 68 degrees 27 minutes 10 seconds west, 88.66.feet to lands now or formerly of McLoughlin; THENCE along lands of McLaughlin,north 45 degrees 29 minutes 50 seconds cost, 111.56 feet; THENCE north 25 degrees 19 minutes 50 seconds cast, 400.00 feet to the southerly side of North Bayview Road,the point or place of BEGINNING. SUBJECT to the rights of others over above parcel,said right of way described in liber 3962 cp 79. FOR 04FORMATION ONLY: DISTRICT:0I00 S'ECT'ION:078.00 BLOCK: 09.00 LOT: 054.000& 078.000 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the 2'Tday of July,2007,before me,the undersigned,personally appeared NANCY SAPORIITO,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 acknowledged to me that she executed the some in her capacity,and that by her signature on the instrument,the individual,or the parson upon behalf of which the individual acted,executed the instrument. NOTARY PUBLIC MWARIPUBM.SrAM00 DIZM517611, 1�YOAK ywjON lytON my DE® Title No. Section 078.00 Block 04.00 Lot 078.00 SAPORITO County or Town SUFFOLK To LITTLE PIKE'S PROPERTIES, INC. Return By Mail To: RICHARD VANDENBURGH,ESQ. 220 ROANOKE AVE. RIVERHEAD,NY 11901 Reserve This Space For Use Of Recordin Office )dysm Rawcadw Rat r w Fwas on HaDoe(9/00) C0pt,4htCW0a6 DovdMM M I i Number of pages RECORDED 2007 Aug 01 OZ2601 PM Judith A. Pascale This document will be public MRK OF WY record. Please remove all suF�c c2516 L D00012516 Social Security Numbers P 176 prior to recording. ors 07-00101 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3T— FEES Page/Filing Fee Mortgage Amt. _ 1. Basic Tax Handling 5. 00 2. Additional Tex _ TP•584 _ Sub Total Spec./Assit. Natation or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT. MTG.TAX _ Dual Town_Dual County _ R.P.T.S.A. Held for Appointment-M— Comm, n_.Comm, of Ed. 5• 00 Transfer Tax Affidavit • Mansion Tax T- S The property covered by this mortgage is °py or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or Nr0 Other — Grand Toml �9 7 If NO, see appropriate tax clause on page# of this in ent. a Diat 07023177 1000 07600 0900 078000 $ Community Preservation Fund T Real Prop �NAAA A Consideration Amount $ (0)00O Tax Servi< Agency CPF Tae Due 5 Verification Satisfactions/Discharges/Releases es/Releases List Pro Improved 6 g Property Owners Mailing Address RECORD & RETURN TO: Vacant Land RICHARD VANDENBURGH, ESQ. TD 220 ROANOKE AVENUE RIVERHEAD, NY 11901 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Com anv Information 310 Center Drive, Riverhead, NY 11901 Co, Name cT cottr- www.suffolkcountyny.gov/clerk Title# AQ-07-S-1356 8 Suffolk County RecordinLiF & Endorsement Page This page forms par of the attached DEED (SPECIFY TYPE OF INSTRUMENT) made by: NANCY SAPORITO '1118 premises herein is actuated in SUFFOLK COUNTY, NEW YORK. SOUTHOLD TO In the TOWN of _LITTLE PIKE'S PROPERTIES, INC. In the VILLAGE or HAMLET of BOXES 6 THRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) I I�IIII�fllll II�I�I U�) SUFFOLK COUNTY CLSRR RECORDS OFFICE RECORDING PAGE Type of Instrument: D8ED8/DDD Recorded: 08/01/2007 Number of Pagest 4 Att 02s26s01 PDS Receipt Number s 07-0070592 TRANSFER TAX NUMBER: 07-00101 LIBER: D00012516 PAGE: 176 Districts Sections Block: Lot: 1000 078.00 09.00 078.000 EYANINHD AND CHARGED AS FOLLONS Deed Amounts $10,000.00 Received the Following Fees For Above Instrument Exempt Exetwt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-8TATE $165.00 NO TP-584 $5.00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTDS $0.00 NO Transfer tax $40.00 NO Comm.Pres $0.00 NO Fees Paid $287.00 TRANSFER TAY NUMBER: 07-00101 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County PLEJ&TYPE OR PRESS FIRMLY WHEN WRITIMfL ON FORM INSTRU NS: http;//www.orps.state.nv.us or PH (518) 473.7222 FOR COUNTY USE ONLY L Ct.SMS Coda 14e,1 . 3 .$ .6j 1q I REAL PROPERTY TRANSFER REPORT Q $TATE OF NEW YOUR CL Data Dead ReeOtded I Q� / d I / dZ I STATE BOARD OF REAL PROPERTY SERVICES �F` ' RP - 5217 Ca.9004 �. �. v7 . 1 i" I G.ha• alwn e.vn PROPERTY INFORMATION I.wv 1110 I North Bayview Road Extension comect ,nor"co � t4a I Southold 111971 LMW I Sutton I Alexander L. ' Plaeu kw�.a. I Sutt2n I Tracy N. &T" Indies;whom tions Tu Bus we to be two alms S other then 4uyr seems la b;0an Of tome �1 der I -iai Address I asR u a iGitl I Is'II I nen I micas I a.hWkao de,ouwbr at Anawrl U ! IOdy B Pon of a Fran$CJri r a"appK Rel peoeb eaedrrad an the,dead 8 of Parcels On Pan of a Kral k Perming Board v ith Su4dmyla Aehahy Gem ❑ 5. I .7GG ' AC.EubeMdon APVoaal wad Ba9WM lar une T Frogr sin I X Feel I ac.Prod Approved 4v bn Subavywith Moo ProvvmrFbd Sire a SdioI �Sayorito I Nancy Nam IYI , I FIAT I T.CYwch the bct 4dlow wbVb a"aw.aWY desullm do us d sloe popsy at the rine,of gala: Chid the boar below a they apltr. ❑ a Owsrship Typo b CaWonenlrn AR w Family Rdw•al F: Agricultural I Co Vy Save a Now OorWnbtbn on Voore Level 8 2 a 7 Feely Rsidede F Colnsnsoe J 41dIwnIN tea Proprty Income Wilma s Agriculture0oblw ❑ C Pitches)Vase IoM O Apen wnt K hMb swvico tea Buys arm I o dydors Valise irldioa, - D Nowilhe"lebl Vase Land H Entortdwrient l Amwrnre L Fast Nor to Progeny IN In on Agftkual District ❑ SALE INFORMATION I tan C2reb•w or eco of dom ounigh w to,"NNW a VaMr: 11.Mb coneaa Oma I OS / 25 12007 1 A See Batvren Rdews or Famwr Rdsolvoo Ir' S SW Be~Relwtl Ca moms or Portion be,embwa � /� ®� C One d tlw Bows b tubo a Sellar 12.Des Trawls d Sala I Tra ( ` / I D stuya or Sara is Govermwe Aponer or Landing btdbeian u•r no ver E Dead Two see errant a SSBoiI eM Sob Mpo*seta;) F Sole of Fsalorwl or les than Fs Imre Wpm*Bdowl 18.Full Sets Prim 1 0 . O . 0 . 0 . O . 0 I (i sigdnctent Ge,lgs In Property Banes Tessa Soma and Sob Dos F F • N SW of ssirws Is bdudud In SW Prim WWI Sow Prim B the tae amount peW for cola p vpwW inductee pewaW Property. I Odin Unseal Faetoo ARrdng Solo Prim Wpeay,Below) Thy pyrrwnt my be In the form of cook other Wopsry or doodl,or on rsspPon of J None mw%Mm a ahs oWkadwm) Pbom round to dw rw mu wftb dabs anwal 14,bWisa the vww d praald I 0 . 01 propane Yrrirdad lo ole ave ASSESSMENT INFORMATION-Data should reflect the stat Fite Anaaamrtt RoU and Ta:Bill I la Yes of Aeesrnw Rd Own 17.ToW Awsod Whet W all In Vander,1 . ' 0 v I wMa14m;Imallan W.w[lg_�., P-oM'/^`` � . IL FrapertY Cir "rl�%(I1-f_I 7S School OYMa 111 l / 1 92ZZ I 2a Ts Moo,W WMWW I PAO I/wRDrld iU mss then bur,eNaoh shot web edftmal YYn-0 a)) 1000-078.00-09.00-078.000 L I I I I I I I CERTIFICATION 1 Cosy awl W of the Irma d Wfiwmadm unread m den Sum am Unit and eoeeM Ia do live d my 4noustdp end beWO W 1 u;deerad dal Ike meting d ay a�hd fele nda4aoee d aaabtil as 6eCi wIU nal6Jtet ave b dr ermblos d the need 6w embole a the�nod�d Rlbw lonnrrneec BUYER � A o n �•� P.w III h�� ► Z O g Ir 1 lrrdl tlNwpY•Im ute �eanees 1r1111;reIYW INll9� l �anasewa sun acus NUER [NIEWYORK STATE OPY i WTI e,7 dw,r raw • 0 Submission Without a Cover Letter Sender: ( �� V--A?AQy— \ Subject: Sl( ` SCTM#: .1000 - — — � Date: .Comments: �'�`" az U 4i 17 2009 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Proposed Standard Subdivision for Alexander & Tracy Sutton Located at 1160 North Bayview Road , Southold , NY 11971 by placing the Town's official poster notice(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 MAY 11 , 2009 ertified-mail—return-reseipt,-the-receipts-and-green d,to-the-owners-of-reeord-of- vefy property which abutsar♦d-eveFy-preperty-whieWis-aeross-on- TRACY SUTTON ame (print) Signature PO Box 70 , Southold, NY 11971 Address M,z.W 6 , 2009 Date II �� W� Notary blit RIC RD W. VANDENBURGH Notary Pubk,State of New York - No,2VA5027629 SuMolk Coy Commlaalon Expires May 16,`Ze - PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY.- 12:00 noon, Fri., 5/8/09 Re: Proposed Standard Subdivision for Alexander & Tracy Sutton SCTM#s: 1000-78-9-54 & 78 Date of Hearing: Monday, May 11, 2009, 6:00 p.m. AFFIDAVIT OF POSTING This is to serve notice that I pamonaUy-posted-the_propecty_kaowzias Proposed Standard Subdivision for Alexander & Tracy Sutton Located at 1160 North Bayview Road , Southold , NY 11971 et of the ffent-PFOPOFty MAO faGiRq the it-can-be-aa ly-seen and-that-4- be sur the poster has Femained in p1see for se en-deyS-PFIeF-te-the-date-of the pubho hearing 4m I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on April 22 , 2009 Re : 1160 North Bavview Road , Southold , NY 11971 RICHARD W. VANDENBURGH , ESQ. Your me (print) W� Sign I ure 220 Roanoke Avenue , Riverhead , NY 11901 Address May 6 , 2009 Date Ngtary Public CORWNE R.Mr CUSM Ndwy Pak so of Mw Yofk Na WAM &4*Cc" C Mbbn& Mw11, W/D PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri.. 5/8/09 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Re: Proposed Standard Subdivision for Alexander & Tracy Sutton SCTM#s: 1000-78-9-54 & 78 Date of Hearing: Monday, May 11, 2009. 6:00 p.m. 7007 0710 0000 7640 3820 Sutton surrounding property owners: M SCTM# 1000 —078.000— 09.00— Lot 051.000 Vito A. & Rosa M. Pietanza 435 Highwood Road Southold, NY 11971 A �j J • ■ ` G O ■ CERTIFIED IMAILT. RECEIPT (Domestic Mail M Only;. � W ■ e „p Postage $ 42. \ 'T M1 94 Certified Fee --'10 Tv � _ Postmark O Return Receipt Fee v Here C3 (EntloraementRequiretl) 9 .a 6) O Restricted Delivery Fee O m (Entlomeent Required) 4 — ZZ— xj M1 Total Postage&Fees O M1 of ro "'L0 5 C3 Ofpo Apr No.; /Yl I 1 Rood ar Po Box No. cm srere,zr JUS — PS Forni 3800,Alrjust 2006 See Reverse for Instructions (e S � Lot 052.000 Myles B. & Lois S. Amend o L 1 .8 g m a Io. 265 Highwood Road Q N 2 0,2 I Q W Southold, NY 11971 (� a; n 54 . Mailing Address: 66 Milton Road, Apt. E-21 S C3 {y 9 Rye, NY 10580 3 o c -j cn I � o 3 0 a _ o n _ Er 9 1 p Q1 V O a `Cl ` m_ n S w R o° o9 a I B fu 9� NK A a ❑ 3 0 0 . N OD Lot 053.000 ZZ- Mary E. Cantwell 95 Highwood Road Southold, NY 11971CIL Mailing Address: 345 East 93rd Street, #17Gt _ !� g; Postal o New York, NY 10128 N " l 3 m CERTIFIED MAILTI, RECEIPT v p 3 -13 t fr'I O �tr g& USP, 3 p a m P FOIX N O a p s ❑❑ � � rn rPostage $ ' L- v O N , 1 certified Fee O $ '� v Postmark p fletum Receipt Fee 1 Here P p (Endoreament Requlretl pL, r T C3 Restricted Delivery Fee p a t (Endorsement Required) ❑❑❑ ' O ^^ W IQ� O Total Postage 8 Fees $ '3 d- 9—ZZ 101- p [ O 3 . �Q N Sent o /� /t �yam. �_ F f Street Apt No.; ,1 ('],� y 1.;. J l ---------- C3 or PO Box No. n . a' Cay,S%Rte.LP+4 ..... _ ... ...__.--V_�_Z----- ._..__ _ s ❑ ❑❑7 r m ❑❑ Y Lot 055.000 Barbara J. McLaughlin - - - --- --__ - -- --- ---- 1075 Victoria Drive 7007 0710 a000 7640 3790 Southold, NY 11971 01 o y 90 ) 1 N v� u ( A � e -' sit A % 'Rif ro Lot 073.000 Thomas L. Jr. & Claire M. KennedyC3 ?N �, ilk 900 Victoria Drive � 3 �i PO Box 1832 -j S m Southold, NY 11971 C3 d P l l S U.S. Postal Service oCERTIFIED MAIL,, RECEIPT � m ) , Co only; C3 Co C3 _ 1 A f�� �. S oho " N_ N Postage s I Z C3 ; al Cenified Fee W g S n g C3 Pos"ark C3 Return Receipt Fee qq Here O+ C3 (Endorsement Required) r2L - U W 13130 n Restrkted Delhrery Fee A p (Endomement Required) ( I O 3 rA f—yZ—D`1 Total Postage&Fees $ r3 ant ` _ i-00 " .r .......__.._Q.r.r ... . �n _..-y --------- o Skeen.APr. N � y o M1 e.o�BexNe.p__c_D_____Ufr l�3 < }� / N • or S 0 Lot 074.000 Town of Southold PO Box 1179 Southold, NY 11971 7007 0710 0000 7640 3776 O m O j9 @ m3 mm u� 3 SS. SECTION m 3' TE THIS COMPLETEe ON • o; r •MPLE ■ Complete items 1,2,and 3.Also complete go; Agent Iten4 if Restricted Delivery Is desired. ■ Print our name and address on the erre Add'essee y so that we can return the oard to yo r C. Date m Delivery ■ Attach this card to the back of the nn pleoe, 'rte i s or on the front if space permits. D. Is delivery address ci ferent from item 11 0 Yes s 1. Article Addressed to: t YES,enter delivery address below: 0 No `g" u p D �3a�1 t /-7 9 Sew t I NY � t� 7/ s 3. Service Certified Mall ❑Egress Mall ❑Registered 0 Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Deli very?(Extra Fee) ❑Yes i 2. Article Number (ransferhornsamce 7007 0710 0000 7640 3776 PS Form 3811,February 2004 Domestic Return Receipt 1025gs-o2-M-154d - �to c mD� � o , Do gal, ; 2 9anq Lot 076.000 Jack A. & Mary E. Guild g o " 1420 North Bayview Road Extension Southold, NY 11971 0 z a m$3 E• j . U.S. Postal Serviceirl3 o CERTIFIED MAIL,. RECEIPT C3 tr (Domestic mail J . o 0 m X M FFA p �r m ❑ . � . Z s o 8 8 a .A Postage $ - w .g M1 Qsnilled Fee Ox . p @ 3 O Postmark @ S p Return Plecelpt Fee Here 0 (Ehdorsemenrn�Requiretl) � -�O O❑0 \ ' ResVklad DAiwry Fee O \ (Endorsement Required) J)-�'1.--) O 3 g �1 77 L L N Total Postage 8 Fees 171 tT m ❑ yB�ta.z ii�7ite FIS Forri :rr August1,. n SCTM # 1000 —078.00— 08.00— Lot 010.000 John Kendal 150 Goose Creek Lane Extension PO Box 1715 7006 2150 0003 4724 9439 Southold, NY 11971 - pl ovml m my m `.Z; �j 3 '. '� ml opo v E � '—N I: COMPLETE THIS SECTION ON DELIVER SENDFR: COMPLETE THIS SECTION m m� aT a ■ Complete items 1,2.and 3.Also complete1 Signa a i am a% %• =-"c Item 4 If Restricted X _ ElDelivery,is desired. Agent en " (�; ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. g- ived by(p,1 )yams) C. Date of Delivery ' I N ;' _ ■ Attach this card to the back o he mailplebe, W or on the front ff space perm' --•--- �y\\�, . D. Is del fill t from item 1? ❑yes :177 11..ITAArtiicclleeAAddreessseed/to: / .(� N VAI 'I • I J✓/K.4QJ M { delivery do hebw: ❑Na 2+1. 6 ` r �76 wk ' fa I d, NY 1' !f7) tke ❑ Yued Mall -3, 21VIoe E3 Expme Mal ~ - L]Registered Return Receipt for Merchandise LL 13 Insured Mail Cl C.O.D. G'\ '., � 4. Restricted Delivery!(Exna Fee) ❑yes z- (Twssrfromle 7006 2150 0003 4724 9439 (rrensler from service� PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,end 3.Also complete rl'WW nature Item 4 if Restricted Delivery Is desired. ■ Printyour name and address on the reverse 0 Agent 1 so that we can retum the card to you. ❑Addressee 1 ■ Attach this card to the back of the maflplece, B. Received by fP""red Menlo C. Date W pelwery or on the front if space permits. I 1. A e Addressed to: D. address different from item 17 0 Yes ES,enter delivery address below. ❑No vito 4.m Farj d• da 1d .�I Iy V ' r g", I 3:Restricted eTpMell ❑ / Express Mall gistered ❑Retum Receipt for Merchandise ured Mail ❑C.O.D. 4. Delivery?(Eft Fee) 2. Article Number ❑Yes i (pansferfmmsemc 7007 0710 0000 7640 3820 PS Forth 3811,February 2004 Domestic Retum Receipt 102595-02-M.150: i ES POgT FOSTER & VANDENBURGH, LLP e�P 220 ROANOKE AVENUE 49 ( .SECOND FLOOR 2PITNEY BOWES RIVERHEAD, NEW YORK 11901 �. „ 02 1P $ 005.320 7007 0710 0000 7640 3820 71238 APR 22 2009 MAILEDFROM ZIPCODE 11901 t r�� ro . s,, c N *alp* n ` `SOA Southf:) !FG ER & VANDENSUFGH, LLPI S ~� l._t �1TORN-YS AT LAW 6 i. :• ••_i ri} .. i !1 1 fli ill 1 ! Yll , xIIIIIIi Jeanne M. Guarriello ' 75 Colonial Road Reydon Heights Southold, NY 11971 June 8, 2009 Southold Town Hall 0"AI PO Box 1179 Southold, NY 11971 Attn: Martin Sidor - Chairman of Southold Town Planning Board RE: Sutton Subdivision / North Bayview Road Ext. SCMT#1000-7 48, SCMT#1000-78-9-78 "° l Dear Mr. Sidor and Planning Board, In regards to the above-mentioned subdivision, I would like to express my personal view on this matter. When my husband and I purchased our home in 1994, we were already familiar with the dirt road known as Victoria Drive, as both he and I had used the road almost primarily over the Main Bayview Road egress, to visit friends within this development. Prior to our purchase of this home, we were advised by the seller, Robert Johnsen, that there were two means of egress from this development, the Victoria Drive to Main Bayview Road and Victoria Drive to North Bayview Ext. Over the past 15 years we have continually used Victoria Drive to North Bayview Ext. In addition, many of our local friends use this entrance to our development to come to our home, as this has been an established road for more than 50 years. As indicated in my deed Liber 11680, I have a deeded easement to Victoria Drive. I am currently in the process of researching the exact reasoning as to why Suffolk County ever sold a portion of a road that has been established as such since 1956. On a professional level, I currently run a NYS Certified Family Day Care, and use this road as means of walking, bicycling and vehicle transport, for the children currently in my care. North Bayview Extension clearly has a significantly lower level of vehicular traffic which allows me to provide a safer environment for the children in my care. Over the years, I have used this right of way as a means of education for my children and those that are in my care. We have seen and identified animal prints: deer, horses, dogs and, rabbits; as well as using this area as a means for discussing littering, recycling and caring for the environment. The children and I have continually cleaned up litter not only the 'dirt portion of Victoria Drive, but along North Bayview Ext. as well. I feel we need to teach our children to be socially and environmentally aware of our surroundings. If this portion of Victoria Drive is to be closed down, I would have no other outlet other than Main Bayview Road, which has a larger amount of vehicular traffic, especially during the summer months. Speeding is a regular occurrence along Main Bayview Road, and I feel I would be endangering the lives of the children. Closing the Victoria Drive Extension would be a detriment to both my family and my business. Furthermore, I do not see any reason as to why the lot SCMT#1000-78-9-78, which is the Victoria Drive Extension to North Bayview Ext. should be included in any subdivision. I am aware that this area of Southold Town has been designated as one acre zoning. I personally do not have any problem with the Suttons subdividing their one lot SCMT #1000-78-9-54 into two lots with a variance to allow one of the lots to be less than one acre. I do not feel that this road should be touched or changed in any manner other than the original intention as indicated on the original ODA as filed by Mr. Otto Van Tuyl in 1949 and the update in 1956. I would like you, the Planning Board, to consider my position regarding this matter in its entirety, prior to making a final decision. Cordially, Jeanne M. Tyler-Guarriello Proprietor - Sunny Days Care EILEEN A. POWERS,ESQ.PLLC m ATTORNEY AT LAW 431 GRIFFING AVENUE RIVERHEAD,NEW YORK 11901 (631)727-8250 (631)727-7182(FAX) Southold Planning Board ;^ Town of Southold ` P.O. Box 1179 '? 53095 Main Road 1 �� Southold,New York 11971 ��t11 SUN 9 Cv Re: SUTTON SUBDIVISIO ' Private Road-Victoria Dri e Dear Members: Please note my objection to the proposed "re-subdivision" te Sutton property, which abuts Reydon Heights. As I understand it, the application requires the Board to allow the Suttons to use the majority of the private road known as Victoria Drive in order to reach the required one acre for the new lot. As a property owner granted rights over Victoria Drive, both by the subdivision map and specifically by my deed, I object to any change in the location, size or use of this road. This road is a fifty-foot wide road with its own lot number on the Suffolk County Tax Map and should remain as such. This portion of Victoria is a private road, which extends from the public roadway known as Victoria Drive to North Bayview Road. The road can be located on virtually any map, including the original subdivision map, approved by this Board, on file with the Town of Southold. The roadway has been open and used as a road for at least fifty years. As you will note from the petition, which was made a part of the public record at the May 11'h meeting, the road is used as a second means of ingress and egress from Reydon Heights. It is used for foot, bike and car traffic. Residents of Reydon Heights have been using and maintaining the roadway for at least fifty years. A visual inspection of the road will confirm that it has been used and maintained as described. Importantly, you should note that the section of Victoria Drive at issue here, as laid out on the subdivision map, is fifty (50) feet wide and more than 400 feet long. In addition to being laid out on the subdivision map, rights of way over this road were specifically granted by the then owner, Edward Nidds, to most, if not all, of the lots in the Reydon Heights subdivision. I have annexed copies of the deeds in the chain of title to my lot, going back to Nidds, referencing the right to use, inter alfa, Victoria Drive. Even a cursory review of New York caselaw will reveal that, based upon the subdivision map alone, all of the property owners in the Reydon Heights subdivision have an absolute right to have all of Victoria Drive kept open as a road. Additionally, the specific reference to rights of ingress and egress over the roadway in each lot's chain of title, together with fifty years of use, likewise grants the property owners in Reydon Heights the absolute right to have that road kept open. I am certain your attorney will advise you that neither the Planning Board nor the Suttons have the right to interfere with my right, and my neighbors' right, to use that roadway. Use of any portion of that 50' x 400+' roadway to make another lot would be diminishing our right to that road. Why should this Board go out of its way to do that, i.e. to make money for a single property owner, at the expense of more than 45 other lot owners? When the Suttons, or their corporation, purchased the private portion of Victoria Road, they purchased' just that—a road—a road subject to the rights of all of the lot owners in Reydon Heights. It is of great concern to me that the planning staff at Town Hall ever let this application get this far. This should never have been about the neighbors coming in here to object. Objections or not, you should simply never have entertained the idea of this applicant utilizing an open and used roadway to increase his lot yield. The Town Assessor's office—the very department charged with making determinations concerning the existence of a roadway—has long held that this portion of Victoria Road is in fact a roadway. It has been taxed as such since the creation of the subdivision and the road itself more than fifty years ago. One wonders if the Assessors have even been consulted on the issue and, if they were, why their determination would not be accorded the appropriate deference. Interestingly, I have learned that when the County sold the roadway to the Suttons, they restricted the property by making clear that the roadway could never be improved with a structure. The plan before you now would do just that. If this Board believes another lot is warranted, it should refer the Suttons to the Zoning Board of Appeals. The ZBA, if they agree, can grant the subdivision without utilizing our road. Victoria Road should remain as is both on the map (with its own lot number and description), and as currently used and located. If you have any questions, please do no tate to contact me directly at 516- 695-7660. Please make my letter part of th officia tle concerning this application. Veryt yy u Eileen . Powers cc: Martin Finnegan, Esq. The purchase price for the road($5,100), and the taxes paid for the road($100/year),reflects that what they paid for was only a road—subject to the rights of others. Intro. Res. No. 1557-2007 Laid on Table 6/12/2007 Introduced by Presiding Officer, on request of the County Executive RESOLUTION NO. 697 -2007, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 NANCY SAPORITO (SCTM NO. 1000-078.00-09.00-078.000) WHEREAS, the COUNTY OF SUFFOLK had acquired an interest in the following described parcel that is surplus to the needs of the County of Suffolk: ALL, that certain plot, piece or parcel of land,with any buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 1000 Section 078.00 Block 09.00 Lot 078.000 and acquired by Tax Deed on October 25, 1999 from John C. Cochrane, the County Treasurer of Suffolk County, New York,and recorded on October 27, 1999 in Liber 11997 at Page 374 and described as follows,Town of Southold, N x North Bayview Road Extension, E x now or formerly Jack A. & Mary E. Guild and now orformerly Town of Southold, S x Liberty Lane,W x now or formerly Thomas W. &Dorothy E.Wall and now orformerly Barbara J. McLaughlin and now or formerly Nancy Saporito; and WHEREAS, in accordance with Local Law No. 13-1976 of the County of Suffolk, provision has been made for the sale of real property acquired by the County through tax sale to an adjoining property owner; and WHEREAS, Nancy Saporito, has made an offer to Suffolk County,for the purchase of said above described parcel for the sum of $5,101.00. At closing the purchaser will be responsible for the pro rata share of the current taxes which amount will be due upon receipt of the deed; and WHEREAS, the real property above described has been appraised at $3,000.00, which property is surplus to the needs of the County of Suffolk; and WHEREAS, Patricia B.Zielenski, Director of the Division of Real Property Acquisition and Management,and/or her designee, has received and deposited the sum of$5,101.00,pursuant to said purchase offer; and WHEREAS,the Suffolk County Department of Planning has reviewed this parcel and recommends that said parcel be sold to adjacent owners with certain restrictive covenants so as to prevent further development of the land, now, be it therefore, 1s' RESOLVED, this Legislature, being the State Environmental Quality Review Act (SEQRA)Lead Agency, hereby finds and determines that adoption of this law is not an action within the meaning of the State Environmental Quality Review Act and the regulations adopted thereto. See 6 N.Y.C.R.R. Section 617.2(b)(2). The Legislature further finds and determines that even if the adoption of the local law is an action within the meaning of SEQRA, the adoption of the law is a Type II action constituting a legislative decision in connection with routine or continuing agency administration and management, not including new programs or major reordering of priority. See 6 N.Y.C.R.R. Section 617.13(d)(15) and (21). As a Type II action, the Legislature has no further responsibilities under SEQRA 6 N.Y.C.R.R. Section 617.5(ax1); and be it further 2nd RESOLVED,that the deed shall include the following language:AND the premises described herein shall not be independently improved by the erection of any,structure, and can be merged with grantee's adjoining parcel if applicable so as to form one single lot. There can be no further subdivision of the merged parcel unless it is consistent with local town and/or village zoning codes and standards of the Suffolk County Department of Health Services, applicable at the time application is made. THIS restrictive covenant shall be enforceable by the County of Suffolk by injunctive relief or by any other remedy, in equity, or at law. The failure of the County of Suffolk or any agency thereof to enforce this covenant, shall not be deemed to impose any liability whatsoever upon the County of Suffolk or any officer,employee or agent thereof. THIS covenant and restriction shall run with the land and shall be binding upon the grantee, its successor and assigns, and upon all persons claiming under them. 3'd RESOLVED, that Director Patricia B. Zielenski and/or her designee, hereby is authorized to execute and acknowledge a Bargain and Sale Deed,without Covenants to transfer the interest of SUFFOLK COUNTY in the above described property and on the above described terms to said Nancy Saporito, P.O. Box 1600, North Bayview RD. EXT., Southold, N.Y. 11971. DATED: June 26, 2007 APPROVED BY: /s/ Paul Sabatino II Chief Deputy County Executive of Suffolk County Date: June 29, 2007 2 I11111111111NII N��IIIII IIIII IIIII IN fll IIIIIN�I�IIIIIIIII • SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 08/01/2007 Number of Pages: 3 At: 02:26:01 PM Receipt Number : 07-0070592 TRANSFER TAX NONBER: 07-00100 LIBER: D00012516 PAGE: 175 District: Section: Block: Lots 1000 078.00 09.00 078.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $5,101.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $5.00 1110 RPT $30.00 NO SCTM $0.00 NO Transfer tax $22.00 NO Camm.Pres $0.00 NO Fees Paid $266.00 TRANSFER TAX NUMBER: 07-00100 THIS PAGE IS A PART OF THE INSTRONENT THIS I8 NOT A BILL Judith A. Pascale County Clark, Suffolk County i C2 , Number of pages TORRENS RECORDED 2007 An OI 02126:01 PN. Scrial R Judith R. Pascale CLEM OF Certificate SWFOLX COUNTY L 000012516 Prim Of.a P 175 Deed/Mortgage Instrument Dead I Mortgage Ta Stamp Recording I Filing Stamps FEES Page/Filing Fee y Mortgage Amt. —_- S ' Handling r� 1.Basic 7'a TP-564 ) 2.Additional Tax Notation Sub Total EA-5211(County) Sub Total Spec.lAssii. - Or EA-5217(State) �� Spec./Add RP.TS.A. �- TOT.M'rG.TAX sstppp Dual Town—Dual County Comm.of Ed. 5 QQ_ 4. IIeW for Apportionment Affidavit • • Transfer Ta — Rly��. Mansion Ta .� rtiHed Cop The property wvered by ibis mongageis m R gCropy will be improved by a one or two family ' C Sub Total dwelling only. Other I ) '�{�I// Y gine taxES or clauseon page R GRAND TOTAL -! If NO,stt approp Of this instrument. f 5 Real Property Ta Service Agency Verification 6 Community Preservation Fund Dist. SectialL. BI%k Lm Consideration Amount E L 070 !76 1000 07800 0800 078000 CPF I'm Oue S Stamp P T S Dere f A Improved _ 1 ' Initials "" Vacant Land s' SarisfectionslDixhargeslReleases Ust Property vwllen........ng TD RF.CORD a RETURN TO: TD OLSEN 6 OLSEN LLP TD , P. 0. BOC 706 CUTCHOGUE, NY 11935 FC,. Title Company Information Name _ Title N AQ-07-S-1356 Suffolk County Recording & Endorsement Page This page fors pen of the attached _ DEED made by: (SPECIFY TYPE OF RJSTRUMGNT) COUH= ntr ym1Yf1 Y The premises herein is situated in SUFFOLK COUNTY.NEW YORK TO In the TOemtllip of SOUTHOLD NANCY SAPORITO Inthe VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED M BLACK INK ONLY PRIOR TO RECORDING OR HUNG. (OVER) Dear Taxpayer, Your satisfaction of mortgage has been Bled in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your propert ' local Town Thr Receiver ao xh x — tULbbill ro e taxes, you wl1 ne�reA 1C11nSaY to Local property taxes are Payable twice a year: on or before January 10"and on or before May 11-. Ratlure to make payments in a timely fashion could result In a penalty. Please contact your local Town Tax Receiver with any questions regarding payment. g ng property tax Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst. N.Y. 11757 Riverhead. N.Y. 11901 (631) 957.3004 (631) 727-3200 I Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes ; 250 East Main Street Shelter island Town Hall Port Jefferson. N.Y. 11777 Shelter Island. N.Y. 1.1964 (631)473-0236 (631) 749-3336 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 PanUgo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown, N.Y. 11787 (631)324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver or Taxes 100 Main Street 118 Hampton Read Huntington. N.Y. 11743 Southampton. N.Y. 11968 (631) 351-3217 (831) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip. N.Y. 11751 Southold. N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Y a' � •r Suffolk County Clerk dw 2/99 ixaw:wsrw Bared= coaNTY MARahm AND MALT DEID TMxs xNDE11TORE, made.the rS say of ✓J-Y' 2007 BRpsEEN the COOATY or MMMM, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, center Drive, Riverhead, New York 11901, party of the first part, and #/4W NANCY sAPORITo, P.O. Box 1600yy��North Rayview Road Extension, Southold, New York 11971, party'of the second part, WXTMM SITE, that the party of the first part, pursuant to Resolution Number 697-2007 adopted' by ' the Suffolk County Legislature on June 26, 2007 and, thereafter, 'approved by the Chief Deputy County Executive on June 29, 2007, in consideration of Five Thousand One Hundred One dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ALL, that certain plot, piece or parcel of land with any -------- buildings and improvements thereon erected, situate, lying and DISTRICT being in the Town of Southold, County of Suffolk and State of 1000 New York, described on the Tax Nap of the Suffolk County Real -------- Property Tax Service Agency as District 1000, Section 078.00, SECTION Block 09.00, Lot 078.000, and acquired by Tax Deed on October 078.00 25, 1999,' from John C. Cochrane, the County Treasurer of Suffolk. -------- County, New York and recorded on October 27, 1999, in Liber BLOCK 11997, CP 374, and otherwise known as and by Town of Southold, 09.00 N x North Bayview Road Extension; E x now or formerly Jack A. & -------- Mary E. Guild and now or formerly Town of Southold; S x Liberty LOT Lane; W x now or formerly Thomas W. & Dorothy E. Nall and now or 078.000 formerly Barbara J. McLaughlin and now or formerly Nancy ------- Saporito, ,A�j E�U1 TOMTMER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads '7 party abutting the above-described premises to the center lines � - thereof; `.., WA40, TOMTM M with the appurtenances,and all the•escate and rights of the party of the first part in and to said premises; TO HAVE AND TO MOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. BOMJMCT to all covenants, restrictions and easements of record, if any. TM.IB DBND ii given subject to any easements of Record for Ingress and Egress to abutting roads. The premises described herein shall not` be independently improved by the erection of any structure, and can be merged with grantee's adjoining parcel if applicable so as to form one single lot. There can be no further subdivision of' the merged parcel unless it is consistent with local town and/or village zoning codes and standards of the Suffolk Covnty Department of Health Services, applicable at the time application is made. THIS restrictive covenant shall be enforceable by the County of Suffolk by injunctive relief or by any other remedy, in equity, or at law. The failure of the County of Suffolk or any agency thereof to enforce this covenant; shall- not be deemed to impose any liability whatsoever upon the County of Suffolk or any officer, employee or agent thereof. THIS covenant and restriction shall run with the land and shall be binding upon the grantee, its wa x, successor and assigns, and upon all persons claiming under them. AID the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first- part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be appliedfirst 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. TRS WORD •PARTY• shall be construed as if it read *parties" whenever the sense of this indenture so requires. IR wxTmzSB WWF, the party of the first part has duly executed this deed the day and year first above written. COUNTY OF SUFFOLK. NEW YORK In Presence Of: By: CHRIaTOPHER E. KENT, Division Director Division of Real Property Acquisition and Management Department of Environment and Energy RTATZ OF 11U1 YORK ) 85.1 CODR£Y Or SUFFOLK On the ¢reg day of ^� ��y in the year �o before me, the undersigned, personally appeared Christopher E. Kent, personally known to me or proved to me on the basis of i satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged 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 individual acted, executed the instrument. NotaryWlic: to Of�sP York HaRRAIW AEID BALE DSD Al f� W- Vi o%7 X Without Covenant (t,w.r.�lfi•r ,fr7rR 11 �Y"r?fJ SUFFOLK COUNTY TO RECORD AND RETURN TO: NANCY SAPORITO I IIIIIIIIIIII(IIIIVIII VIIIVIIIVIIIVIIII�I�IIIIIIIII I IIIIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 08/01/2007 Number of Pages: 4 Ata 09:26:01 PM Receipt Number : 07-0070592 TRANSFER TAY NW®ZR: 07-00101 LIBER: D00012516 PAGE: 176 District: Section: Block: Lot: 1000 076.00 09.00 078.000 E%AMINSD AND CHARGED AS FOLLOWS Deed Amount: $10,000.00 Received the Following Fees For Above InatrUMant Exempt Exempt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO RA-CTR $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $40.00 NO Comm.Pres $0.00 NO Fees Paid $287.00 TRANSFER TAR NUMBER: 07-00101 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Number of pages RECORDED 2007 f#q O1 02326:01 IMI Judith R. Pascale This document will be public MIERK OF record. Please remove all 9*TO K COUHIV L MM12516 Social Security Numbers P 176 prior to recording. ora W-00101 Deed/Mortgage Instrument Deed/Mortgage Tax Sump Recording/Filing Stamps 9 FEES Page/Filing Fee Mortgage Amt. _ 1. Basic Tax Handling S. 2. Additional Tax TP-584 _ Sub Total Notation Spa./Assit. or EA-52 17(County) T Sub Total Spec./Add. _ EA-5217(State) 'SOT.MTG.TAX Dual Town_Dual County_ R.PTS.A. 30 Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit is Mansion Tax N 7 The property covered by this mortgage is t 3 opy J or will be improved by a one or two NYS Surcharge 15. 00 family duelling only. Sub Total YES or NO Other — Grand Total ?-Y) If NO,see appropriate tax clause on page of this insw ent. _ J7 4 Diat 07py 7n 1000 07000 0900 076oO0 5 Community Preservation Fuad Real Prop A Consideration Amount$ 1O/000 Tax Servit Agency 'fG CPF Tax Due S Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address ✓ RECORD&RETURN TO: Vacant Land RICHARD VANDENBURM, ESQ. TO 1- 220 ROANOKE AVENUE RIVERHEAD, NY 11901 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 17 Title Com anv Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov1clerk 'title M AQ-07-s-1956 8 Suffolk County Recording & Endorsement Page This page forms pan of the attached DIED made by! Y (SPECIFY TYPE OF INSTRUMENT) NANCY SAPORITO lite premises herein is situated in SUFFOLK COUNTY,NEW YORK, SOUTHOLD TO In the TOWN of LITTLE PIKE'S PROPERTIES, INC. In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've Just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment Included your property taxes. -you will now need to contact Your local Town Tax Receiver so that yeu may he billed directly for all future ]RroR rtv t v statements. Local property taxes are payable twice a year: on or before January 10"and on or before May 31". Failure to make payments In a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst. N.Y. 11757 Riverhead, N.Y. 11901 (631)957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island. N.Y. 11964 (631)451.9009 (631)749.3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 panttgo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631)324-2770 (6311360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington. N.Y. 11743 Southampton. N.Y. 11968 (631)351-3217 (6311283.6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Strcet Islip. N.Y. 11751 Southold. M.Y. 11971 16311224-5580 (6311765.1803 Sincerely. Q.,.r: a. 1D,ti ate. Judith A Pascale Suffolk County Clerk MAI"-gipxe 0 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 11007 j CAOnD.N:7Hts AORF.FA1FNr 91ar111D HE PRE-PARED BY AN ATFORNEY AVn REVIEWED BY ATTORNEYS PDR SUMER AND NRCILASER BEFORE SIGMNG 2007 THIS INDENTURE,made the 11 day of�V/y I / between NANCY SAPORITO reslding as 1160 North Bayview Extension,Southold,NY 11971 parry of the first pall.and LITTLE PIKE'S PROPERTIES,INC., 1310 North Bayview Road Es"P.O.Box 70,Southold,NY 11971 party of the second part. WITNESSETH,that the party of the first pan,in Dowidwation of Ten Dollars and other lawful consideration,lawful money of the United States,paid by the party of the second pam does hereby grant and release unto the party of the second pan,the beirs or successors and assigns of the party of the second pari forever. ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon created, situate,lying and being at Southold,Town of Southold.County of Suffolk and State of New York. SEE SCHEDIILE'A'ATTACHED IIERETO AND MADE A PART HEREOF Premises are the same as deed dated 10/35/99 recorded 10/27/99 in I.iber 11997 cp 371. TOGETHER with all right,title and interest,if any,of the party of the first pan in and to any structs and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the rim pen in and to said premises, 710 HAVE AND TO HOLD the premises herein granted unto the puny of the second pen,the heirs or successors and assigns of the parry of the second pan forever. AND the party of the first pan,covenants that the puny of the fust pan has not date or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforosaid. AND the party of the fust put,in compliance with Section 13 of the Lien law,covenants that the party of the fire part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any Part of the total of the same for any other purpose. The word"parry'shall be construed as if it read"panics"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the fret pmt has duly executed this deed the day mad year fust above written. NANC A TO NYSBA RaidWiol RN Fane Forum on Ilelnnu"lawn Cuw,gR Crpoll"IkveFryrme I STATE OF NEWYORK ) COUNTY OF SUFFOLK ) On the "rday of July,2007,before me,the undersigned,personally appeared NANCY SAPORITO,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 uknowledged to me that she executed the same in her capacity,and that by her signature on the inawment,the individual,or the porson upon behalf of which the individual acted,executed the //in��stmmcm. NOTARY PUBLIC 10CAWFUp.tato STATE �jmr/YOlrt W y pypltall DEED Title No. Section 078.00 Block 09.00 Lot 078.00 SAPORITO County or Town SUFFOLK To LITTLE PIKE'S PROPERTIES, INC. Return By Mall To: RICHARD VANDENBURGH,ESQ. 220 ROANOKE AVE. RIVERHEAD,NY 11901 Reserve Tkh Span For Use Of Recording Office NYSRA 14%W ul RN CwAsirCwmallk"4- vs L page 2 of 2 PARCEL 2 —Tax Lot 78-amended ALL that certain plot piece or parcel of land, situate, lying and being in the Town of SOUfHOI.D, at SOUTHOLD,County of Suffolk and State ofNew York, being bounded and described as follows: BEGINNING at a point on the southerly side of North Bayview Road, distant 332.06 feet easterly as measured along the southerly side of North Bayview Road from the comer formed by the intersection o1' the southerly side of North Bayvicw Road and the easterly side of Highwood Road; THENCE:along said southerly line of North Bayview Road,south 72 degrees 18 minutes 10 seconds east, 50.45 feet; THENCE along lands now or formerly of Guild, south 25 degrees 19 minutes 50 seconds west, 505.57 feet to the northerly side of Liberty Lane; THENCE along the northerly side of Liberty Lane and Victoria Drive, north 68 degrees 27 minutes ]0 seconds west,88.66.feet to lands now or formerly of McLaughlin; THENCE along lands of McLaughlin,north 45 degrees 29 minutes 50 seconds east, 111.56 feet; THENCE north 25 degrees 19 minutes 50 seconds east, 400.00 feet to the southerly side of North Bayview Road,the point or place of BEGINNING. SUBJECT to the rights of others over above parcel,said right of way described in liber 3962 cp 79. FOR INFORMATION ONLY: DIRWCP:9100 SECr70N:078.00 BLOCK:09.00 LOT:051.000&078.000 • • MAILING ADDRESS: PLANNING BOARD MEMBERS -``�QF SO!/jy P.O. Box 1179 MARTIN H.SIDOR �Di` Ol0 Southold, NY 11971 Char iL OFFICE LOCATION: WILLIAM J.CREMERS y - Town Hall Annex KENNETH L.EDWARDS �0 54375 State Route 25 GEORGE P.SOLOMON O� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCOU NrI,� Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2009 Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision for Alexander & Tracy Sutton Located at 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-9-54 and 1000-78-9-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 8, 2009: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the proposed Standard Subdivision of Alexander& Tracy Sutton. The next regularly scheduled Planning Board Meeting will be held on Monday, July 13, 2009 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, —*�k . �L Martin H. Sidor Chairman June 4, 2009 Southold Town Planning Board Town of Southold Town Hall Main Road Southold, NY Re: Sutton subdivision TM # 1000-78-9-54 & 78 Private Road - Victoria Drive ' Dear Members, I am writing this letter to express my objections to the above proposed subdivision. In an earlier letter to Carol Kalin (May 1, 2009), 1 wrote of my concerns to this proposal. My first concern was for the safety of those who live in this neighborhood. There are been a number of occasions where the right of way was the only exit in or out of Reydon Heights. During Hurricane Bob, when trees were down on Main Bay View Road blocking the entrance on Main Bay View and Victoria Drive, that small dirt road was our life line. I do not use that word lightly. Allowing this subdivision to go through would be putting us all in danger, as if living in a closed bottle. As stated in my previous letter, I have lived in this house for twenty years and I have used that right of way for twenty years. The dirt road was used by this neighborhood long before I moved in by cars, horses, bicycles, and foot traffic. It is a vital part of living in Reydon Heights. At our recent neighborhood meeting on this matter, correspondence about this subdivision was read aloud and stories of encounters with the Suttons were shared. I left the meeting feeling annoyed. I feel that we are being robbed by inches, sleight of hand and intimidation. I feel as if we are having "the rug pulled out from underneath us" and "having the wool pulled over our eyes." Not being a lawyer, I cannot speak to law. I can speak to what is right and what it is to be a good neighbor. I say that the needs of the many out weighs the whims of the one. Thank you for your attention, Jody L. Levin 0 June 8, 2009 Southold Planning Board ? Town of Southold Main Road .,. Southold,New York 11971 "' Re: SUTTON SUBDIVI OK TM#'s 1000-78-9-54 & 78 Private Road-Victoria Drive Y1 Dear Members: ,T• As stated on the record at the May 11, 2009 Planning Board Open Mgett 'da are strongly opposed to any action that would diminish our property rights and access to the "Dirt Road"portion of Victoria Drive. The Sutton's proposed "re-subdivision"which is located adjacent to the Reydon Heights community clearly infringes on the property rights and usage that we as members of the Reydon Heights community are accustomed to. We have conducted our own extensive research of Town and County records, deeds, historical documents and had numerous conversations with various Town and County departments. Our research indicates that the parcel purchased by the Sutton's is in fact a 50 ft. x 400 ft. roadway with right of way granted to members of our community more than 50 years ago by then owner Edward Nidds. Since then the road has been used and maintained as a second ingress and egress to our community by pedestrian4 bicycles, personal and commercial vehicles and even horses. Emergency vehicles have used the roadway to access our community during fire, rescue and police related incidents. Approval of this "re-subdivision" would severely limit if not eliminate our usage of this roadway. If the Sutton's desire an additional lot on their property, we believe that the roadway should be removed from the proposal and submitted to ZBA for their consideration. In making your decision we hope that you consider the points we made during the May 11, 2009 meeting. To reiterate, please consider the roadway's past and current usage, our desire for land preservation, our collective and individual property rights and the public safety issues as they impact the 45 families of the Reydon Heights neighborhood and surrounding community. Respectfully Submitted, Thomas and Claire Kennedy 06/03/2009 14:01 6317277FOSTER & VANDENBURGH PAGE 01/03 6 FOSTER & VANDENBURGH.) LLP AT'T'ORNEYS AT LAW 220 ROANOKE AVENUE RIVERHEAD, NEW YORK 11901 VOICE: (631) 727-7731 TELEFAX: (631) 727-7741 is Facsimile,ftAX OVER ET The Law.Offices FosEer&1 Vandenburandfor the gh, LIP, whicuments chh Is"acted by may comet confidential iniortnetipn belonging to Intended only for the use of fiu named r **m. fi by adOrrfeY dlerK prwileBs The ifbnnetlon Is disclosure, You ere not the named redPbrR you We hereby notifbd that any , sePrb6, di9tribuficn a the taking of any action In reliance on the contonla of this information is sWO* MW ti¢d.If ycu hate reeeivetl this tranumysbn in error,MOW immediately,nMyy�us by telepfforfa b arrenga for the MW of;*doarmenb. TO: TAMARA S. SADOO FAX NO.: 631-765-3136 FROM: RICHARD W. VANDENBURGH,ESQ. DATE: June 3,2009 RE: Sutton Subdivision NUMBER OF,PAGES INCLUDING TRANSMITTAL: 3 ' y If you do not receive all pages or any page is not legible,please call (631) 727-7731. MESSAGE: Per our discussion on our efforts to find resolution to the concerns. I will follow up with Assessor's office and let you know what I find out on Monday. Thanks Richard yF• 3 06/03/2009 14:01 6317277741 FOSTER & VANDEN"GH PAGE 02/03 FOSTER & VANDEN$URCHp LLP ATTORNEYS AT LAW 220 ROANOKE AVENUE SECOND FLOOR RIVERHEAD,NEW YORK 119o1 FREDERIC C. FOSTER RICHARD W. VANDENBURGH• (631)727-7731 4 MONTAUK HIGHWAY ____ FAX (831)727.7741 WESTNA14"ON, NEW YORK 11977 7ACHAkY IRTA2A RIYAS EMAIL-INr0WOffrERVANDVMUftGN.NEr (631)28a-blssc r FAX(031)285-02aG _ •ADMITTED IN NY&NJ � µ May 20, 2009 Eileen Powers, Esq. -� 431 Grilling Avenue Riverhead, New York 11901 ' Re: Sutton Subdivision North Bayview Road, Southold, New York Dear Ms. Powers: Confirming our brief encounter outside the Supreme Court entrance and following the appearance at the Southold Planning Board meeting of May 11, 2009, you indicated that You represent a number of the owners of the Reydon Heights POA(RHPOA) byt may not necessarily represent everyone in the association. Please correct me if I am not accurate in that understanding. MY clients are interested in responding to each and every property owners concern over this fesue and would certainly be wiling to appear as a guest at one of your RHPOA meetings. My clients do not recall ever being invited to a meeting as you had indicated, but would certainly welcome the opportunity to meet with the RHPOA membership. In advance of any such opportunity, they also wish to address the issues and concerns you and your neighbors have raised regarding my client's subdivision application and the impact upon the private right of way that traverses their property. As you and several members of RHPOA made Clear at the meeting, then: is opposition to any limitation of the e>Mng use of the private right of way in question. Whille I believe everyone involved does not wish to see the rural character of that private right of way overdeveloped, the valid interest of having use of the right of way for pedestrian, bicycle, and equestrian use is absohrtely consistent with what the Sutons also envisioned. ou and our hbors also raisW the valid issue Of use of the roadwayforemergency vehicles and use as a form of ingress and egress orthe RHPOA members. t 06P03/2009 14:01 6317277741 FOSTER & VANDENBURGH PAGE 03/03 My clients are sincere in attempting to promote a positive and friendly relationship with all of their neighbors. Therefore in an effort to resolve this issue without the need for further legal expenses and miscommunication, my clients are prepared to have an easement prepared and recorded that would define the dirt road as a private easement of ten feet in width for the purpose of providing ingress and egress to property owners of the RHPOA to use as a pathway for pedestrian, bicycle, equestrian and necessary vehicular access. This easement would be recorded with the Suffolk County Clerk and each property owner of RHPOA would then have a dear and unequivocal reference to the use of such easement. Obviously,this easement would run with the land, so all subsequent owners of the related properties would also benefit by this mutually agreed upon and Clarified resolution, Hopefully this proposal for a resolution of the use of this private dirt road will provide uniformity for all members of RHPOA and allow the Sutton to complete their subdivision. Please contact me at your earliest opportunity to discuss formalizing an agreement in advance of the next public meeting. Very truly yours, RICHARD W. VANDENBURGH CC:Alex&Tracy Sutton Reydon Heights Property Owners Association RWV/nds LW&Mrs 5.20-09 May 27, 2009 Southold Planning Board Town of Southold Town Hall Main Road Southold,New York 11971 Re: SUTTON SUBDIVISION TM#'s 1000-78-9-54& 78 Private Road-Victoria Drive y, y Dear Members: ,tom„z Please note my objection to the proposed"re-subdivision”of the Sutton property which abuts Reydon Heights. As I understand it,the application requires the Board to allow the Suttons to use the majority of the private road known as Victoria Drive in order to reach the required one acre for the new lot. This portion of Victoria is a private road which extends from the public roadway known as Victoria Drive to North Bayview Road. The road can be located on virtually any map, including the original subdivision map, approved by this Board, on file with the Town of Southold. The roadway has been open and used as a road for at least fifty years. As you will note from the petition which was made a part of the public record at the May I ld'meeting,the road is used as a second means of ingress and egress from Reydon Heights. It is used for foot, bike and car traffic. Residents of Reydon Heights have been using and maintaining the roadway for at least fifty years. A visual inspection of the road will confirm that it has been used and maintained as described. Importantly, you should note that Victoria Drive, as laid out on the subdivision map, is fifty(50)feet wide and more than 400 feet long. In addition to being laid out on the subdivision map,rights of way over this road were granted by the then owner, Edward Nidds,to most of the lots in the Reydon Heights subdivision. I have annexed copies of the deeds in the chain of title to my lot, going back to Nidds, referencing the road. I am certain your attorney will advise you that neither the Planning Board nor the Suttons have the right to interfere with my right, and my neighbors' right,to use that roadway. Use of any portion of that 50' x 400+' roadway to make another lot would be diminishing our right to that road. Why should this Board go out of its way to do that, i.e. to make money for a single property owner,at the expense of more than 45 other lot owners? When the Suttons, or their corporation,purchased the private portion of Victoria Road, they purchased'just that—a road—a road subject to the rights of all of the lot owners in Reydon Heights. Interestingly, I have learned that when the County sold the roadway to the Sutton,they restricted the road by making clear that the roadway could never be improved with a structure. The plan before you now would do just that. If this Board believes another lot is warranted, it should refer the Suttons to the Zoning Board of Appeals. The ZBA, if they agree,can grant the subdivision without diminishing our road. If you have any questions,please do not hesitate to contact me directly at Please make this letter part of the official file. Very truly yours, /A ) di'� v v a L� u R �l The purchase price for the road($5,100),and the taxes paid for the road($100/year),reflects that what they paid for was only a road—subject to the rights of others. June 8, 2009 To: Southold Planning Board From: Mr. and Mrs. Henry Raleigh 50 Summit Dr. Southood, NY We wish to add our plea to those of our Reydon Heights neighbors regarding the preservation of the vehicle egress road, known here as "The Dirt Road" . As a vehicle eixt and entrance route in emergency situations it is of critical importance to us. Henry Raleigh v i r "rr Ito Idea mk aw�r May 27, 2009 Southold Planning Board Town of Southold Town Hall MaigAond Southold,New York 11971 Re: SUTTON SUBDIVISION \ TM#'s 1000-78-9-54& 78 Private Road-Victoria Drive Deaz.Members: M,fir{MrA ,,�Please note my objection to the proposed"re-subdivision"of the Sutton property which abuts Reydon Heights. As I understand it,the application requires the Board to allow the Sutton to use the majority of the private road known as Victoria Drive in order to reach the required one acre for the new lot. This portion of Victoria is a private road which extends from the public roadway known as Victoria Drive to North Bayview Road. The road can be located on virtually any map,including the original subdivision map, approved by this Board, on file with the Town of Southold. The roadway has been open and used as a road for at least fifty years. As you will note from the petition which was made a part of the public record at the May 11's meeting,the road is used as a second mean of ingress and egress from Reydon Heights. It is used for foot, bike and car traffic. Residents of Reydon Heights have been using and maintaining the roadway for at least fifty years. A visual inspection of the road will confirm that it has been used and maintained as described. Importantly, you should note that Victoria Drive, as laid out on the subdivision map, is fifty(50)feet wide and more than 400 feet long. In addition to being laid out on the subdivision map,rights of way over this road were granted by the then owner, Edward Nidds,to most of the lots in the Reydon Heights subdivision. I have annexed copies of the deeds in the chain of title to my lot, going back to Nidds, referencing the road. I am certain your attorney will advise you that neither the Planning Board nor the Sutton have the right to interfere with my right,and my neighbors' right,to use that roadway. Use of any portion of that 50' x 400+' roadway to make another lot would be diminishing our right to that road. Why should this Board go out of its way to do that, i.e. to make money for a single property owner, at the expense of more than 45 other lot owners? When the Sutton, or their corporation, purchased the private portion of Victoria Road, they purchased'just that a road—a road subject to the rights of all of the lot owners in Reydon Heights. Interestingly, I have learned that when the County sold the roadway to the Suttons,they restricted the road by making clear that the roadway could never be improved with a structure. The plan before you now would do just that. If this Board believes another lot is warranted, it should refer the Sutton to the Zoning Board of Appeals. The ZBA, if they agree, can grant the subdivision without diminishing our road. If you have any questions, please do not hesitate to contact me directly at Please make this letter part of the official file. Very truly yours, Li " — / o /S va:r-Or 1,4 Dreve— So a Th e ► `t/. 97i 3 a / The purchase price for the road($5,100),and the taxes paid for the road($100/year),reflects that what they paid for was only a road—subject to the rights of others. IL Mr. Martin Sidor, -f,5 Chairman of the Planning Board Southold, New York Dear Mr. Sidor, Our home is directly adjacent to town property on Victoria Dr. currently owned by Mr. Sutton. Our family has used this dirt road for 50 years for walking, bicycle riding, and driving. This road is visible from our backyard. However, our chief concern as property owners is that any action to reduce the size of the dirt road would inhibit access for emergency vehicles coming from North Bayview Rd. Conversely, it would also prohibit egress should a natural disaster force residents to find an alternate route of escape. Sincerely yours, Edwin and Lillian Foss 135 Liberty Lane Southold, NY 11971 a e� LT5HL- -f5 Southold Town Hall Martin Sidor, Chairman Planning Board PO Box 1179 Southold, New York 11971 RE ; VICTORIA DR FROM MAIN BAYVIEW TO NORTH BAYVIEW SOUTHOLD Dear Chairman Sidor, We ask that you NOT grant the new owner permission to close our vehicular access to North Bayview from Reydon Heights. The use of this exit and entrance in the event of storms and flooding is vital to our area. We do not understand how the County could sell the RIGHT OF WAY, used for 50 years by the residents of Reydon Heights, without informing all the neighbors. When we purchased our house we checked on maps and still see on maps that Victoria Drive runs from Main Bayview to North Bayview. We have used this dirt road to travel to North Bayview for driving, biking and walking. The less traveled North Bayview of so much SAFER to do these activities than on the heavily traveled Main Bayview. p \ Respectfully gubmitted, 3 = Elizabeth and John Grenham w 360 Summit Drive \.- Southold 06/03/2009 14:01 631727 FOSTER & VANDENRWH PAGE 01/03 1' M'S l FOSTER & VANDENBURGH, LLP btu ATTORNEYS AT LAW 220 ROANOKE AVENUE RIVERHEAD, NEW YORK 1.1901 VOICE: (631) 727-7731 TELEFAX: (631) 727-7741 FAX COVER SHEET This Facsimile transmission(and/or the documents gocon ponying t) may contain confidential intonna11:nformabort ing re The Law offices of Foster&Vandenburgh, LLP, which Is protected by the afforney.dlent privilege. ThIs Intended only for the use of the named reciplent. IF you are not the named recipient, you are herebyat anydisclosure, copying, distribution or the taking of any action In reliance on the contents m this inforstrictlyprohibited. If you have received this transmission in error, please immediately no*us by telephone tor the return of the documents. , TO: TAMARA S. SADOO FAX NOA 631-765-3136 FROM: RICHARD W. VANDENBURGH, ESQ. DATE: June 3,2009 RE: Sutton Subdivision NUMBER OF PAGES INCLUDING TRANSMITTAT 3;- , -~✓ If you do not receive all pages or any page is not legible,please call (631) 727-7731. MESSAGE: Per our discussion on our efforts to find resolution to the concerns. I Will follow up with Assessor's office and let you know what I find out on Monday. Thanks Richard 06/03/2009 14:01 631727VI FOSTER & VANDENF RGH PAGE T/03 FOSTER & VANDENSURGH, LLP ATrORN AT LAW ! [) p 220 ROANd(OK E AVENUE SECOND FLOOR RTVERIEAD, NEW YORK 11901 FREDERIC C. FOSTER RICHARD W. VANDENRUR6H• (631)727-7731 4 MONTAUK M16NWAY FAx (631) 727-7741 WESTHAMPTON, NEW YORK 11977 EMAIL:INFO@FOSTERVANDEMOURGN.Ner (531)y8&$550 ZACHARY IRTAZA RIVAX FAX(03 1) ,25$-0286 °ADMITTED IN NY& NJ �n May 20, 2009 Eileen Powers, Esq. \\ 431 Griffing Avenue Riverhead, New York 11901 Re: Sutton Subdivision North Bayview Road, Southold, New York Dear Ms. Powers: yam.. Confirming our brief encounter Outside the Supreme Court entrance and following the appearance at the Southold Planning Board meeting of May 11, 2009, you indicated that you represent a number of the owners of the Reydon Heights POA (RHPOA) but may not necessarily represent everyone in the association. Please correct me tf I am not accurate in that understanding. My clients are interested in responding to each and every property owners concern over this issue and would certainly be wiling to appear as a guest at one of your RHPOA meetings. My clients do not recall ever being invited to a meeting as you had indicated, but would certainly welcome the opportunity to meet with the RHPOA membership. In advance of any such opportunity, they also wish to address the issues and concerns you and your neighbors have raised regarding my clients subdivision application and the impact upon the private right of way that traverses their property. As you and several members Of RHPOA made clear at the meeting, there is opposition to any limitation of the existing use of the private right of way in question. While I believe everyone involved does not wish to see the rural character of that private right of way overdeveloped, the valid interest of having use of the right of way for pedestrian, bicycle, and equestrian use is absolutely consistent with what the Sultans also envisioned. However, you and your neighbors also raised the valid issue of the use of the roadway for emergency vehicles and use as a form of ingress and egress for the RHPOA members. 06/03/2009 14:01 6317277 7. FOSTER & VANDENWH PAGE 03/03 My clients are sincere in attempting to promote a positive and friendly relationship with all of their neighbors. Therefore in an effort to resolve this issue without the need for further legal expenses and miscommunication, my clients are prepared to have an easement prepared and recorded that would define the dirt road as a private easement of ten feet in width for the purpose of providing ingress and egress to property owners of the RHPOA to use as a pathway for pedestrian, bicycle, equestrian and necessary vehicular aces. This easement would be recorded with the Suffolk County Clerk and each property owner of RHPOA would then have a dear and unequivocal reference to the use of such easement. Obviously, this easement would run with the land, so all subsequent owners of the related properties would also benefit by this mutually agreed upon and clarified resolution. Hopefully this proposal for a resolution of the use of this private dirt road will provide uniformity for all members of RHPOA and allow the Sutton to complete their subdivision. Please contact me at your earliest opportunity to discuss formalizing an agreement in advance of the next public meeting. Very truly yours, RICHARD W. VANDENBURGH CC:Alex&Tracy Sutton Reydon Heights Property Owners Association RWVInds UrPo rs 5.2M9 June 1,2009 Southold Planning Board Town of Southold Town Hall Main Road Southold,NY 11971 Re: SUTTON SUBDIVISION � ?" TM#'s 1000-78-9-54 &78 JUN 1 209 Private Road-Victoria Drive Dear Members: Please note my objection to the proposed "re-subdivision"of the Sutton property which abuts Reydon Heights. As I understand,the application requires the Board to allow the Suttons to use the majority of the private road known as Victoria Drive in order to reach the required one-acre for the new lot. This portion of Victoria is a private road, which extends from the public roadway known as Victoria Drive to North Bay view Road. The roadway has been used as a road for 50+ years as a second means of ingress/egress into Reydon Heights via vehicles, bicycles,walking,jogging on a daily basis. There have been instances of flooding on Main Bayview Road where the dirt road is the only way in and out for residents and community as well as emergency vehicles. We maintain this dirt road by removing garbage and clipping over hanging brush. The dirt road is naturally beautiful and its loss will impact all the members of Reydon Heights and surrounding community. If we no longer have this dirt road, it could possibly affect our property values. This dirt road has been a selling point for many homes within Reydon Heights(presented as a second deeded access to Goose Creek as well as our deeded access to Corey Creek). When the Suttons,or their corporation,purchased the private portion of Victoria Road,they purchased just that-a road-a road subject to the rights of all of the lot owners in Reydon Heights. I have learned that when the County sold the roadway to the Suttons, they restricted the road by making clear that the roadway could never be improved with a structure. The plan before you now would do just that. If this Board believes another lot is warranted, it should refer the Suttons to the Zoning Board of Appeals. The ZBA,if they agree, can grant the subdivision without diminishing our road. Please make this letter part of the official file. Very truly yours, Lillian A. Smith 130 Colonial Road Southold,NY 11971 �ol�w o. H-eLgesevw Ca 205 Summit Drive l�t Southold NY 11971 631-765-2911 heldig@optonline.net May 31, 2009 Southold Planning Board Town of Southold Town Hall Main Road Southold,New York 11971 9 Re: SUTTON SUBDIVISION ! � JUN –1.2009 TM#'s 1000-78-9-54 & 78 Private Road-Victoria Drive s Dear Members: Please note my objection to the proposed"re-subdivision" of the Sutton property which abuts Reydon Heights. As I understand it,the application requires the Board to allow the Sutton to use the majority of the private road known as Victoria Drive in order to reach the required one acre for the new lot. When the area known as Reydon Heights was created, all the roads were initially private roads, and this portion of Victoria Dr. was included in the subdivision. In addition to being laid out on the subdivision map, rights of way over this road were granted by the then owner, Edward Nidds,to most of the lots in the Reydon Heights subdivision. They were subsequently turned over to the town and became public. All the roads were paved, with the exception of the portion of Victoria Drive which extends from Liberty to North Bayview Road. This portion of Victoria Drive can be located on virtually any map, including the original subdivision map, approved by this Board, on file with the Town of Southold. Why it was not paved over with the rest of the roads were remains a mystery;perhaps an administrative error. Selling of the road, even with the restrictions that accompanied the sale was, in my opinion, an administrative error. {The purchase price for the road($5,100), and the taxes paid for the road($100/year), reflects that what they paid for was only a road—subject to the rights of others.} However,the roadway has been open and used as a road for at over fifty years. Use of any portion of that 50' x 400+' roadway to make another lot would he diminishing our right to that road. My home was one of the original built in the subdivision,and has been in the family since the mid 1950's. As you will note from the petition which was made a part of the public record at the May I Vh meeting,the road is used as a second means of ingress and egress from Reydon Heights. It is used for foot, bike and car traffic. Residents of Reydon Heights have been using and maintaining the roadway for over fifty years. A visual inspection of the road will confirm that it has been used and maintained as described. When the Suttons,or their corporation, purchased the private portion of Victoria Drive, they purchased just that—a road—a road subject to the rights of all of the lot owners in Reydon Heights. Interestingly, I understand that when the County sold the roadway to the Suttons,they restricted the road by making clear that the roadway could never be improved with a structure. The plan before you now would do just that. If this Board believes another lot is warranted, it should refer the Suttons to the Zoning Board of Appeals. The ZBA, if they agree, can grant the subdivision without diminishing our road. If you have any questions, please do not hesitate to contact me directly. Please make this letter part of the official file. Very truly your�fJ�/�—� Jolt O. Helgesen EILEEN A. POWERS, ELSQ.PLLC- ATTORNEY AT LAW .0 VL_P11LAD. N D4 YOUK A 1901 A 0J A A 727-iia,'iFAX� M T, —47�_iithoici A 0 ,n:e ol, Une .Assessor r Toxv.n Hail %4siii '-adJUN 2009 Southold.Nev, _Vork 1 1071 Re: Privxe Road-V I,,( - i I nie , . .t:d b). residerits od'Revufon i Our I -,,,L ffid im I ap-titiori. i„ t, ilci�hi , s sa rrounding ai-ca. obliecting t an d o- in the, -i A, hininis' i rkAuehmii, U nmeD c.1 In private road-wav known as Victoria Drive. he subiect roa&,var is a nrivate road which cxicnd� fi—m the publi,-, roa&Nay knovn as Victoria Dj\c un I-Inflh Pavvie_ N Road. The road can be located on vittuath, _--y map, includin-u,the or;,-inal -A-fodivision in-P., -on file 'N 1,h the 1 mvii -”Southold. 1 he roadwa-, !.as been open zu,. Scul --- U ;--ad for at least v+ U� fiflN Ncar4As vou wil' now from the petition. the road is used ay a st(:ond means of Ing.'ess and egress form Revdon Heights. It is used fuff +00t- -like an' at Pesidenfc (A Rev,dint, i ieigb have peen Using and maintaining the roadiway to-at least fif-'V ycan;, A ViSlial ins-pc'-ion of the. roaci -,N iii confirtn that it has been used, zinc, maintained as described. V+Pwu;ficalk, please note tha-L xxc oh*iVcl to xv, effort ik, ahaildon the nlau arld"Or affect its use in anN manner. lns� pwa.,e do tiot lie,,iiaie it) cowacl r.n e dA_ have ariv uuekatjlii ee 6 95--1 0. NoL "en urs T� TO: TOWN OF SOUTHOLD PLANNING BOARD RE: SUTTON SUBDIVISION APPLICATION SCTM#S: 1000-78-09-054 and 078. We,the undersigned,owners of real property located in Reydon Heights, are directly opposed to any alterations to the ROW, described on the Suffolk County Tax Map as lot number 1000-78-09-78, as it currently exists. This easement(right of way)over the applicant's property is described in deeds made by Edward Nidds to property owners in Reydon Heights and/or their predecessors in title. We have utilized said easement (right of way)to access North Bayview Road by car, and sometimes by bicycle and/or walking. We are accustomed to utilizing the right of way in this manner.The proposed alteration would impair the property right in that easement(right of way) by preventing us from accessing North Baview Rd. by motor vehicle and reducing our ability to access it by bicycle or foot. In addition to being a deeded easement over this particular strip of land,this easement has been consistently used and/or maintained by members of the Reydon Heights neighborhood and surrounding community for over 50 years. We do not consent to the reduction of the easement as proposed by the applicant as part of the proposed subdivision of his properties. In addition to interfering with our property rights, it would create a hazard to human health and safety in the event that the only other existing ingress/egress (Victoria and Main Bayview) should be obstructed due to a natural or manmade disaster. Name of Property Owner Reydon Heights Address Year of Purchase .; UW2izLp 5 RI jqq )Av// 7S-Q I «a; ) t ch e ( e vo C- 03 P-CA ID vvIn ail or a } T70 CJL,#VAc? J003 C r i oc- 4/ 5 . / 999 -�o�5— A.0 % U ?v C1 it-Z Ud re. ryl �� CGCOAI./IIC �9 cf mun L, 2 / e 1 S t rnm'I r I C IL RPP7-- NA HE • Ab • of PURCN19Sr �17b CoZoo 15 'Foo V1CToNfl 4rt,v,-- -�,C)& T (� } y F 2 fiuh ZC� S wry+. F eV-IAI g Z5 I( v CCr 6 L n ( o i C� 1 / C J 0a r 2 d 1?eR7 j Q b6 3 s n J 9 ��c av�+cS Ka1oS 35S `)-ooC) a65 �,� avv q s 2006 Li i I C OCl' L N c�,y Z7 t-4 D ft —,1c adCo)lk- Q tag /g97 • • Page 1 of 2 Sadoo, Tamara From: Lanza, Heather Sent: Thursday, May 21, 2009 11:55 AM To: Tamara' Cc: Kalin, Carol Subject: FW: Sutton Re-Subdivision Application Attachments: r0697-2007.doc Carol—please print the attached for the file(date stamped). Thanks. Tamara, County Legislator Romaine's office forwarded the resolution the County legislature passed to authorize the sale of the r.o.w. parcel. The legislator thought this might prevent this no.w. from being used in this way. I'm not sure the language of the C&R'would actually do anything except prevent the r.o.w. from being developed independently as its own lot (haven't seen if the deed actually contained the required language when it was conveyed). We should have the deed to the r.o.w. parcel on file in the Planning file if it isn't there already to check this. You may want to discuss this with Jenn,to get her opinion. Something that has more of an impact is what the assessor will do. The assessor is telling us they would have to abandon the road for it to be used as something other than a road. I can't find that in Town Law or Town Code anywhere. I see where the Town Board, with a public hearing and comments from the Planning Board can amend the `official map"of streets,but no mention of the assessor(Town Law 270 and 273). 1 don't know if the Town has an `official map."I've asked Jamie Richter and John Sep this question. You may have already answered a lot of these questions -Is the no.w. part of an old subdivision map?If so, which one and is it on file in the Planning file for this as a reference?Was the street ever named? There was talk of a partial abandonment—leaving a 20 or 25' r.o.w. instead of 50'—I'm not sure that is a wise thing to do. Think about sea level rise and the fact that their other way out from that neighborhood floods in storms....this may need to become an actual more heavily used road again in the future, and 25' isn't wide enough for that according to town specifications. We should have an analysis of the availability of other routes out of the neighborhood, and their elevation as part of this discussion. Have the neighbors with deeded rights of way over this road sent in copies of their deeds? Heather From: Keys, Lisa [mailto:Lisa.Keys@suffolkcountyny.gov] Sent: Wednesday, May 20, 2009 12:26 PM To: Lanza, Heather Subject: Sutton Re-Subdivision Application 5/26/2009 • • Page 2 of 2 Heather, Attached is the county resolution that authorized the sale of the above referenced property. Once you receive an opinion from the town attorney, please advise and I will do same. Regards, Lisa Keys Legislative Aide Legislator Edward P. Romaine, First District Phone: 852-3200 Fax: 852-3203 5/26/2009 /.. � � ,� � ��- ��� , ,�� ��� � �,� �- ki�,►.s �� �� �� _�� �� �� - �� . 3� �� �,� , Intro. Res. No. 1557-2007 Laid on Table 6/12/2007 Introduced by Presiding Officer, on request of the County Executive RESOLUTION NO. 697 -2007, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 NANCY SAPORITO (SCTM NO. 1000-078.00-09.00-078.000) WHEREAS, the COUNTY OF SUFFOLK had acquired an interest in the following described parcel that is surplus to the needs of the County of Suffolk: ALL, that certain plot, piece or parcel of land, with any buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 1000 Section 078.00 Block 09.00 Lot 078.000 and acquired by Tax Deed on October 25, 1999 from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on October 27, 1999 in Liber 11997 at Page 374 and described as follows,Town of Southold, N x North Bayview Road Extension, E x now or formerly Jack A. &Mary E. Guild and now or formerly Town of Southold, S x Liberty Lane, W x now or formerly Thomas W. & Dorothy E.Wall and now or formerly Barbara J. McLaughlin and now or formerly Nancy Saporito; and WHEREAS, in accordance with Local Law No. 13-1976 of the County of Suffolk, provision has been made for the sale of real property acquired by the County through tax sale to an adjoining property owner; and WHEREAS, Nancy Saporito, has made an offer to Suffolk County,for the purchase of said above described parcel for the sum of $5,101.00. At closing the purchaser will be responsible for the pro rata share of the current taxes which amount will be due upon receipt of the deed; and WHEREAS, the real property above described has been appraised at $3,000.00, which property is surplus to the needs of the County of Suffolk; and WHEREAS, Patricia B.Zielenski, Director of the Division of Real Property Acquisition and Management, and/or her designee, has received and deposited the sum of$5,101.00, pursuant to said purchase offer; and WHEREAS,the Suffolk County Department of Planning has reviewed this parcel and recommends that said parcel be sold to adjacent owners with certain restrictive covenants so as to prevent further development of the land, now, be it therefore, 1$t RESOLVED, this Legislature, being the State Environmental Quality Review Act (SEQRA) Lead Agency, hereby finds and determines that adoption of this law is not an action within the meaning of the State Environmental Quality Review Act and the regulations adopted thereto. See 6 N.Y.C.R.R. Section 617.2(b)(2). The Legislature furtherfinds and determines that even if the adoption of the local law is an action within the meaning of SEQRA, the adoption of the law is a Type II action constituting a legislative decision in connection with routine or continuing ag@ra,,., administration and management, not including new programs or major reorderir dbYity""S1l@ " N.Y.C.R.R. Section 617.13(d)(15) and (21). As a Type II action, the Legislature has no further ` responsibilities under SEQRA 6 N.Y.C.R.R. Section 617.5(a)(1); and be I �. MAY 2 1 2009 Z7, 2n° RESOLVED, that the deed shall include the following language:AND the premises described herein shall not be independently improved by the erection of any structure, and can be merged with grantee's adjoining parcel if applicable so as to form one single lot. There can be no further subdivision of the merged parcel unless it is consistent with local town and/or village zoning codes and standards of the Suffolk County Department of Health Services, applicable at the time application is made. THIS restrictive covenant shall be enforceable by the County of Suffolk by injunctive relief or by any other remedy, in equity, or at law. The failure of the County of Suffolk or any agency thereof to enforce this covenant, shall not be deemed to impose any liability whatsoever upon the County of Suffolk or any officer,employee or agent thereof. THIS covenant and restriction shall run with the land and shall be binding upon the grantee, its successor and assigns, and upon all persons claiming under them. 3rd RESOLVED, that Director Patricia B. Zielenski and/or her designee, hereby is authorized to execute and acknowledge a Bargain and Sale Deed,without Covenants to transferthe interest of SUFFOLK COUNTY in the above described property and on the above described terms to said Nancy Saporito, P.O. Box 1600, North Bayview RD. EXT., Southold, N.Y. 11971. DATED: June 26, 2007 APPROVED BY: /s/ Paul Sabatino II Chief Deputy County Executive of Suffolk County Date: June 29, 2007 2 • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SOUTy P.O. Box 1179 MARTIN H.SIDOR ��� Ol0 Southold, NY 11971 Chair l�I [ OFFICE LOCATION: WILLIAM J.CREMERS y 2W Town Hall Annex KENNETH L.EDWARDS G AF 54375 State Route 25 GEORGE D.SOLOMON �rtV �,`(�.`p� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND O'fCl7Un Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 12, 2009 Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision for Alexander & Tracy Sutton Located at 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-9-54 and 1000-78-9-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, May 11, 2009: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the proposed Standard Subdivision of Alexander& Tracy Sutton. The next regularly scheduled Planning Board Meeting will be held on Monday, June 8, 2009 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman TO: TOWN OF SOUTHOLD PLANNING BOARD RE: SUTTON SUBDIVISION APPLICATION SCTM#S: 1000-78-09-054 and 078. We, the undersigned, owners of real property located in Reydon Heights, are directly opposed to any alterations to the ROW, described on the Suffolk County Tax Map as lot number 1000-78-09-78, as it currently exists. This easement(right of way)over the applicant's property is described in deeds made by Edward Nidds to property owners in Reydon Heights and/or their predecessors in title. We have utilized said easement (right of way) to access North Bayview Road by car, and sometimes by bicycle'" and/or walking. We are accustomed to utilizing the right of way in this manner."The proposed alteration would impair the property right in that easement(right of way) by preventing us from accessing North Baview Rd. by motor vehicle and reducing our ability to access it by bicycle or foot. In addition to being a deeded easement over this particular strip of land, this easement has been consistently used and/or maintained by members of the Reydon Heights neighborhood and surrounding community for over 50 years. We do not consent to the reduction of the easement as proposed by the applicant as part of the proposed subdivision of his properties. In addition to interfering with our property rights, it would create a hazard to human health and safety in the event that the only other existing ingress/egress (Victoria and Main Bayview) should be obstructed due to a natural or manmade disaster. Name of Property Owner Reydon Heights Address Year of Purchase kE IUPcQ2+ Lw 5 C41- 1)14V10 7 V/l s o < I i c v)e I L Uo C- D 5 12-6AID ovIn `1a 0100 J, ckql t ( t, � J1015 Vkc-iox�ct Y U41yi&XO( O CM z _S S 2t Agbe- t!jk t, rnm-1 J NA ME � ADAoF� PLIN--H9Sj,� IOC Vi CTJAJ AIZ,VC a.C3C 0, VLA 1. k7s V,[/pr/k lkl VG 2onr7 C YON �°f L Ga �cin�rii7� C y� u vw�✓ ! h� u F— Sc 0 w4G) R b rv` nI L " Z Lf� "� �Ncrz��cA DR. h L' chnw 2. c) 03 t 1,91iLvilbit WTai J ate- 101!5- e r 6- r u y2 o uey e as HIZ LeI ( A,rk K,&\OS 35S �/�S_ w* b oO 2,c)06 WIA L>D — `l _ o -T3 Page I of I Claire Kennedy From: Jeanne Hunter[braesofthecarse@hotmail.com] Sent: Friday, May 08,2009 2:54 PM To: Claire Kennedy Subject: the"dirt road" Attachments: AVG certification .txt To Whom It May Concern: Since moving to Southold in 1968 I have utilized the short "dirt road" in question. When our children were small our "outings" were taken in that area almost every day, because Bayview Rd. was a busy trafficed area. We even used to pick bayberries which bordered the road, carried them home in baskets, and made bayberry candles. This was an activity enjoyed greatly by our children. Also during this same time and even up to today, we use this road to get to our daughter's, husband's and family's house. This again eliminates the heavy traffic on Bayview Rd. There have been times when that was the only way we could get home.....during heavy storms and hurricanes. Great Hog Neck can actually become a mini-island. I have recently walked my grandson down this little road and we would very much like to be able to continue using it. It is very much a part of "tradition" in this lovely rural area - so much so that it would,--- sadden ould._sadden us to not be able to feel free to use it. Most sincerely, Jeanne Hunter In God We Trust ti Hotmail@ has a new way to see what's up with your friends. Check it out. 5/11/2009 • P.O. Box 1179 54375 Route 25 —Town Hall Annex Southold . Southold, NY 11971 Phone: (631) 765-1938 PlanningBoard Fax: (631) 765-3136 To: Richard Vandenburgh, Esq. From: Tamara Sadoo/ck Fax: 727-7741 Pages: 7 - including cover Phone: 727-7731 Date: 5/6/09 Re: Sutton Standard Subdivision CC: Urgent For Review Please Comment Please Reply As Requested Southold Town Planning Board f SOUTHOLD, L. L, N. Y. PLANNING BOARD MEMBERS John Wickham, Chairman Harold R. Reeve May 139 1959 Henry Moisa Alfred Grebe - Archibald Young Report to: Southold Town Board Southold, New York Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at its meet- ing on May 119 1959: In the matter of the petition of Edward Nidds for an Open Development Area on property located at Bayview, Southold, N.Y. , and bounded as follows, north by M. Shipuleski & ors, east by M. Dickerson & ors, south by Bayview Road, L. Edson, and west by M. L. Dayton, and M. Colombo, map of Reydon Heights at Bayview, Southold, by Otto W. Van Tuyl, revised to May 25, 1956; it is hereby RESOLVED, that the Planning Board recommend to the Town Board that the Open Development Area be granted on Victoria Drive to Liberty Lane, all of Colonial Road, all of Summit Road, and all of Eds Road. A team of Planning Board members has visited this property and find that the roads are all 50 feet and have been cut through. Victoria Drive is nearly all oiled, Eds Road is all oiled , and Colonial and Summit Roads are both oiled to 1/2 their length. Very truly yours, skh/.e John Wicam, Chair/man Southold Torn Planning Board SOUTHOLD TOWN CLERK'S OFFICE RALPH P.BOOTH,CuwH .aa.nua or nrw. nwmner aoutHCl ,N. T. May 6, 1959. Mr. John Wickham Chairman Planning Board Cutchogue, L.I. ,N.Y. Dear Mr. Wickham; The original petition of EDWARD NIDDS, of Main Rd, Southold, New York, relative to Open Development area under the provisions of Section 280-a of the Town Law ,of the State of New York is in the files in the office of the Planning Board at Southold, New York. You are instructed to prepare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of your Board. Very truly yours, PalaRalph P. BooPth RPB/mr Town Clerk SOUTHOLD, L. 1., N. Y. 411 PUNNING BOARD MEMBERS Jahn Wklham. Chairmen Serge Doyen. Jr. Robert W. Gillhpie. Jr. Harold R. Reara Cheri., Vee Durer July 11, 1956 The Town Clerk Town of "outhold Southold, 14. Y. beariair., At a meeting of the Southold Town Planning board, Mr. Edward Nidds, owner of the• property known as "Heydon Heights" at bay View, presented his subdivision map for approval of the highways. thereon. The Board voted that the h_ghways be approved with the recommendation that the lot areas conform with the minimum area of the proposed Zoning Ordinance, namely, 12,500 square feet. It was felt that if zoning were put into effect in the town, Mr. Nidds would not be able to secure permits to build on some of the lots as laid out. Very truly yours; 0. X;A JO ! L.T'Izi[ M, OiIAIR1QkN APPLICATION TO THE TOWN BOARD (men development am) APPLICATION NO.: ................................ DATE: .....MaY...5,19.59.............................................................. 1, (WE), ......... ................................... ..................................................................................... OF ....X&1XL.AQAd............................................... .......aouthold....................................N.,Y..................... (street) . (municipality) (state) Do hereby make application to the TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK to establish an "Open Development Area" under the provisions of Section 280-a of the Town Low of the State of New York of the following described property; 1. LOCATION OF PROPERTY ........DAYV.1qX... .............................................................. .............................................................................................................................................................................. 2. DESCRIPTION OF PROPERTY: .......N_ ....... ..........49..n.14 Y.Y.law.Road... .......YLn JL L....Daytozi-..X_.Colombo,................................. ................... ........................ .............................................................................................................. ..............I...........................................................................I..................................................................................... 3. DESCRIPTION OF RIGHT(S) OF WAY OR OTHER MEANS OF ACCESS TO PROPERTY:........................ §01 roadways .............................................I...................... .......................................................................................................... I ........................................................................................................................................................................... ............................................... ...............I................................................................I............................................... ..................................................I................................................................................................I........................... 4. INTENDED USE OF PROPERTY- ....PXiTate..Aws.11jngj............................ ......................................... ---,............................................................................................................ .............................................................. 5. TYPE OF BUILDING(S) TO BE ERECTED:........................ ........................................................................... I .................................................................I.......................................................................................................... 6. MAP OF PROPERTY SHOWING PROPOSED LAYOUT OF LAND USE AND RIGHT(S)OF WAY OR ROADS TO BE ATTACHED TO THIS APPLICATION. T ADDITIONAL INFORMATION BY APPLICANT.......................................................................................... ....................................................................................................................................I....................... ............. ..........................................I................................................................................................................................ ......................................................................................... .............................. .......................................... ...........I............................I.......................................I........... p.................................../............../.y.�,....................... STATE OF NEW YORK COUNTY OF ......I) SS ........ (signature) . .....(.r..I SWORN TO THIS ....................DAY OF...... ... ................ . ... ............ (notary public) , Ir4sohl ,ouG 30 19.61 APPLICATION TO THE TOWN BOARD (open development eroo) APPLICATION NO.: .............:. May 51 1959 _ ................. DATE: ................................................................................................ 1, (WE), .........1dlizd,.Nidds.......................................................................................................................... OF ....Main Roads Southold N.Y. . ...................................................................I ...................................... ... ................... .................... (street) (municipality) (state) Do hereby make application to the TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK to establish an "Open Development Area' under the provisions of Section 280-o of the Town Law of the State of New York of the following.described property; 1. LOCATION OF PROPERTY: .........Bayview t Southold,N.Y. ................................................................................................................... ................................................................................................................................................................................ 2. DESCRIPTION OF PROPERTY: .........N;- M..Shipuleski & ore E-H Dickerson.@ .ore ......... ....................................................................................... S.-Bayview Road - L. Edson R.-@.L. Dayton- 9. Colombo ................................................................................................................................................................................ ......................................................................................................................................................................... ................................................................................................................................................................I............... 3._ DESCRIPTION OF. RIGHTS) OF WAY OR OTHER MEANS OF ACCESS TO PROPERTY:........................ 500 roadways ................................................................................................................................................................................ ........................................................................................................................................................................I....... ........................................................................................................................................................................ ............................................................................................................................................................................... 4. INTENDED USE OF PROPERTY: .......P...r..i.v....ate.........................dwellin.....se...................................................................... ................................................................................................................................................................................ 5. TYPE OF BUILDING(S) TO BE ERECTED:...................................................................................................... ................................................................................................................................................................................ 6. MAP OF PROPERTY SHOWING PROPOSED LAYOUT OF LAND USE AND RIGHT(S)OF WAY OR ROADS TO BE ATTACHED TO THIS APPLICATION. 7. ADDITIONAL INFORMATION BY APPLICANT%......................................................................................... ................................................................................................................................................................................ ........................................I...................._._............................................................................................................. ................................................................................................................................................................................ ................................................................................................................................................................................ t STATE OF NEW YORK 1 J /,. ... ... ........... SS. . ...... ....................... COUNTY OF .... ............) sig /ri![{,LI6Cr nature) SWORN TO THIS ..........5^....DAY OF...7[wa{...................... / .... I9.sy.......... ��"= (notary public) cnw:na CICKINSON .."Ag roomy"Y.1k P.:. .:. a,. .! ]1950900 ..- .. ..s(.iaab 90,IPL I - WHEREAS. ................ ... ., . ................................................ has made application to the Town Board for the establishment of an OPEN DEVELOPMENT AREA pursuant to the provisions of Section 280-A of the TOWN LAW, and WHEREAS, the Town Board has heretofore referred the matter to the Planning Board for itsadvice and recommendation, and WHEREAS, the Planning Board has recommended that the application Of ..................................JRM".-XMIR............................ be granted, NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the Town of Southold does hereby establish an OPEN DEVELOPMENT AREA over the property of ............KDN�D:. �.......................... as shown forth on the mop attached to the application. Dated May 27. 1959. By Order of the Youthold Town Hoard. Aalph P. Booth Tara clerk LETTER IN REFERENCE TO SCTM#1000-78-09-78 —DIRT ROAD R.O.W. In the 1950's I used this road as a shortcut from North Bayview Ext. to Main Bayview Rd. It was also in use for golfers crossing North Bayview Rd to gain access to the next tee-off site on the 9 hole Reydon Shores Country Club. Mowing equipment also used this road during the tenure of the golf course. Horseback riders often used this road, as well, through the years and still do. And hundreds of strollers besides myself used it as well. I knew the man who bought the old golf course when it closed. Ed's Rd. is named after him Edward Nidds... he gave his own name to the street. He ran a local business called "Seven Seas Antiques" located just west of and on the north side of Rt. 25 across from Goldsmith's Boat Shop. I believe a tree removal business is there now(Harroun). The Bayview Apts. was once the club house and the building just north was the pro shop and caddy house. Atop the rise where Columbia Rd. is now was a small shed used by caddies and golfers as a rest area. It was a busy place in those days. I also recall that in at least three hurricanes Main Bayview Rd. was impassable and folks had to cut over to the Goose Creek Bridge using the dirt road in question. And the road leading to the bridge was also briefly closed on two occasions. I have driven over the dirt road since the 1950's myself and continue to drive through it today. I have also seen other people driving through it. Letter from Paul Hunter—May 2, 2009 631-765-1634 • • Page 1 of 1 S✓b,, r� tfmL c`tv��l 14aCl'1 Claire Kennedy From: Jody Levin blev545@gmail.com] Sent: Friday, May 01, 2009 5:39 PM To: Claire Kennedy Subject: Fwd: Sutton subdivision Attachments: AVG certification .txt From: Jody Levin <jlev545(t gmail.com> Date: Fri, May 1, 2009 at 5:37 PM Subject: Sutton subdivision To: carol.kalinntown.southoId.ny.us 545 Columbia Rd 1 Southold NY 11971 jlev545Ciigmail.com Carol Kalin " Southold Town Hall Dear Carol, I am writing to you to express my concerns about the Sutton subdivision SCT M#1000.78-09-78, a dirt road and 1000.78-09-54, an existing house. My biggest concern is as a safety issue. Without access to that dirt road by people in this neighborhood, called Reydon Heights, we are left with only one way in or out of this area. In an emergency,this could be a danger for all who live here. During Hurricane Bob when trees were down all over Main Bayview Rd. and at the entrance to my neighborhood at Victoria Drive,the only way to enter or leave was that small dirt road. It was our lifeline. if such a thing were to happen again, or Main Bayview were to flood, all of us would be stuck. I do remember a time when there was a major rain and wind storm and the creeks and bay rose dramatically. Main Bayview was barely passable to the west of Cedar Drive. I have lived in my house for twenty years and during that time I have used that egress on many occasions, in my car or on foot for a walk. I have seen many of my neighbors also use the dirt road, in cars, on foot or bikes or even on horse back. The dirt road was used by the residents of Reydon Heights long before I moved into my present home. It is a vital passageway in a historic sense and in the present. We all think of that path as community property. Thank you for your consideration in this matter, Jody L. Levin 5/11/2009 SUTTON RE-SUBDIVISION PROPOSAL 1000-78-09-54 & 1000-78-09-78 NOTES FROM THOMAS AND CLAIRE KENNEDY • Purchased home in 2005 — wife and 3 children • Always considered the "Dirt Road" a second ingress/egress to the Reydon Heights community • Personally use the dirt road with our vehicles, on my bicycle, jogging and walking (passive recreation —Southold Town Code) • Paved portion used by neighborhood children for ball games, sidewalk chalk, skate boards, bicycles — feel safe there because they are off main portion of roadway and I can see them from my house (active recreation —Southold Town Code) • Aware that many other people community members who do not reside in our neighborhood use the dirt road also to drive through and bike/walk/jog and have for many years • Paved portion of road also used for parking by guests/friends • Paved portion of road maintained by the town —plowed, sanded/salted in the winter, street sweeper in the spring, brush and leaf pick-up point • Dirt road personally maintained by me and others in Reydon Heights neighborhood — community • Petitioners agree —proposed changes would greatly impact and have a simnifcant effect on the neighborhood (Reydon Heights) and surrounding community. Would cause inconvenience by reducing the usage we are accustomed to. -- • Dirt Road is a matter of safety • Police Officer • Fire • Flood prone area on Main Bayview Road (Joe Merkel/Bob Klipstein) • State Certified daycare — one of residents in Reydon Heights • Catholic Charities —group home for handicapped women — residence in Reydon Heights • Many elderly and young people reside here —need for rescue • Aesthetically beautiful • Reminder of the rural nature of our town's past • Today it connects the residents of Reydon Heights as a community • And is a commitment to preservation for the future • Directly across the street is Town Preserved property (North Bayview) - � t' Posillico/Conkling Point Estates project SCTM#1000-53-4-44.3 sVbm � r°ge l�i Subj: Posillico/Conkling Point Estates project SCTM#1000-534-44.3 Date: 5/7/2009 1:11:13 P.M. Eastern Daylight Time From: inictor a?rcn com To: jebut�aol.corn Dear Jeff, Pleasure speaking with you this afternoon concerning the Posillico/Conkling project soon to be be before the Planning Board. I'm writing this to ask that consideration be given in the placement of the service driveway for House #4 which would be the lot furthest south from the LIRR. This lot and the future house planned for it will be situated across from m) family's property at 1185 Kerwin blvd. Although our land is currently vacant our entrance and exit are firmly established . and can not be shifted one way or the other along Kerwin. Our driveway is basically locked in place as our sole egress. What concerns me is that the placement of house #4's driveway not be aligned directly across from ours. Kerwin Bled takes a bit of a rise as it heads south at this point creating a dangerous blind spot for exiting cars and approaching tragic. Having both of our driveways across from each other would only exasperate this situation which could probably be avoided if placement of the proposed driveway were not directly across from ours. Thank you for your consideration, Jeffrey Victor 212-595-6690 917-363-0034 •- .t I May Friday, Ma 08, 2009 AOL: JEBUTL ,~4 Puuc } of2 ��' Kalin' Carol ---------- �- -------- ---`�` �``�� �� ����� ���� Frqrn: Ka|in' Caud Sent: Monday, May U4. 2U09102SAN| To: 0odno' Tamone Subject: FW: Advice please? Attachments: victoriadrivoacon2.JP8; victohadrivorn8p.JPG; victOriadriveouan.JP8 From: Joyce Grigonis - Briarcliff Landscape [mailto:joyce@briarclifflandscape.com] Sent: Monday, May 04/ ZOO91U:Z3AM To: Ka|in/ Carol Subject: Fvv: Advice please? Carol, Claire Kennedy asked meto forward this to you. I emailed Scott earlier this morning...the red type it an addenclun NOT in the original email-to Scott. Thanks for any help oradvice. Joyce Gri&VAis Landscape Designer& P}uoocz Briarcliff Landscape, Inc, 43635 Route 25 PO Box 227 Pocouic, NY 11958 631`765^1770 vvvvvv.briurx|i[|londn:xpu.cno) -----Original Message ----- From: Joyce Grigonis - Briarcliff Landscape ^^Fmomm: JoyonGrigunis ' 8rianc|iffLandooupe To: Russell, Scott Sent: Monday, May 042009:0AM Subject: Advice please? Scott, The Suttons are planning to close down the right of way once the property is subdivided. This ROW has been established since | was akid, inearly grodesohou|. Mrs. Sutton has told several people in our neighborhood that the ROW will be closed since it is on her property. EVERYONE in the neighborhood uses it as a walk way and some people use it as a road. (especially needed for emergencies when they close down the main entrance due to floods, downed trees, road work) |tiumarked onyNmpquus1. LiveSeamhMaps asVictoria Drive. What are the Southold Town Rules/Code for established ROVVo? See scans below of flyers that were handed out over the weekend in our neighborhood. See attached map | downloaded and labeled, and scans ufflyer. VVewould all like b) make sure that this ROW isnever closed down. 5/}}/2009 Page 2 of 2 Thanks for any advice._ Joyce Grigonis Landscape Designer& Planner Briarcliff Landscape, Inc. 43635 Route 25 PO Box 222 Peconic, NY 11958 631-765-1220 www.briarclifflandscape.com 5/11/2009 . _ N(.3ayaieW Rd E,t _... 5uttvns tjousc _. N 13ayvaew Rd E: Q` la fY' Dirt Fath Flow C Y` N, LJbe q Ln zY we Siwe}fere • 6 L 3'Lrr E a I x 3 U A y m 'Virtual Earth" a CT ti4 a ,1y4` 4 ; - tf Lolf 9 �'Jr� r 5�A54 N ff. f � t lt. 'A.40. LOTEl I w,t ti y TOM,W zt ♦ l7 a_ •car ZOO, ti''�� ,� it _-� `� '`'•—�,. N �Y� KEY MAS' SCALE 1 " - 100 TYPICAL PLOT PLAN tkiAT TA cret rl Page l of l pp M Kalin, Carol {�' From: Jody Levin Ulev545@gmail.com] Sent: Friday, May 01, 2009 5:38 PM To: Kalin, Carol Subject: INEWSENDER] - Sutton subdivision -Message is from an unknown sender 545 Columbia Rd ��- Southold NY 11971 jlev545(dgmail.com I"SAY - 4 2009 Carol Kalin _-- Southold Town Hall Dear Carol, I am writing to you to express my concerns about the Sutton subdivision SCT M#1000.78-09-78, a dirt road and 1000.78-09-54, an existing house. My biggest concern is as a safety issue. Without access to that dirt road by people in this neighborhood,called Reydon Heights, we are left with only one way in or out of this area. In an emergency, this could be a danger for all who live here. During Hurricane Bob when trees were down all over Main Bayview Rd. and at the entrance to my neighborhood at Victoria Drive, the only way to enter or leave was that small dirt road. It was our lifeline. If such a thing were to happen again, or Main Bayview were to flood, all of us would be stuck. I do remember a time when there was a major rain and wind storm and the creeks and bay rose dramatically. Main Bayview was barely passable to the west of Cedar Drive. I have lived in my house for twenty years and during that time I have used that egress on many occasions, in my car or on foot for a walk. I have seen many of my neighbors also use the dirt road, in cars, on foot or bikes or even on horse back. The dirt road was used by the residents of Reydon Heights long before I moved into my present home. It is a vital passageway in a historic sense and in the present. We all think of that path as community property. Thank you for your consideration in this matter, Jody L. Levin 5/4/2009 #9266 • • STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 301h day of April 2009. Principal Clerk Sworn to before me this day of 2009. -t,EGAL NOTICE p Notice of Public Rearing bcHp NOTI(.-TS HEREBY OIVEN that,pwSuAntidn.Section;276 m46TownLaw,a ubltcheaim will be held b Ahe Southo dTgglannmgBoazd at theSonthe �,pad1ey2QQ9on he TF.('tllt, i4V`� VORK quesuol URlhe1ollovnrt�'" _ ' `: 7 v761f550LQ 600p_m opos�ed,StgmImd Subdivi ho. t1 :_p< OaunlY cion for Alexander c'Tfa4-§§ton local- C4pl'.!. -`�" ug, gk11R edat 1160 North Bayview Road,111.56' Fe�;eo�Yz ,/c/o LibertyZine<& Victoria Drive, Southold,Town of Southold, County of Suffolk,State of New York.Suffolk County Tax Map Number.10g0-78-9-54 &78 6:05 m.Propos ed:Standard'Subdi visipn onkhng Point:Estates located on Y3ie'. w/stb ifwiu Boulevard,ap- ptoxima[ely1575' w/o:August Laine, in Greenport,Town o -Southold,County of Suffolk,State of New York. Suffolk County Tax Map Number 1000-534-44.1 &44.3' - , R: -' 6:10 p.m.Proposes]Standard Subdi- vision&chase Bahkiloemed at 10300 NYS Route 2,5 4p rdifunately 1.20' e% Marlene,iane,op:.jjfie s/s/o NYS.Route 25, in .Mattituck, Town of Southold, County of Suffolk,State of New York. Suffolkcounty Tax Map Numb@y3000- 143-3-31-2 ''-6:15 .p.m. Proposed Conservation Subdivision,for, Peconic, Land Tiust, located at3305O}C &i'Rodd,.53' w/o Elijah's Lane on`the n/s'/oOregon Road, in Mattimck,Town of Southold,County of Suffolk,Stale of-New-'York.Suffolk CountyTax MapNumber 1000-94-3-1.3 Dated:.4/75/09 ' BY ORDER OF THE SOUTHOLD TOWN PLANNING.BOARD Jerilyn B.Woodhouse Chairperson 9266-1T 4/30 MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SOUjy P.O. Box 1179 MARTIN H.SIDOR �0� Ol0 Southold,NY 11971 Char OFFICE LOCATION: WILLIAM J.CREMERS r/a Ie Town Hall Annex KENNETH L. S 54375 State Route 25 GEORGE L. OWNSE SOLOMON D • �� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TWNSENyCOUNiY a Southold, NY Telephone: 631765-1938 Fax: 631765-3136 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 hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of May, 2009 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Alexander & Tracy Sutton located at 1160 North Bayview Road, 111.56' n/e/o Liberty Lane & Victoria Drive, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-78-9-54 & 78 6:05 p.m. Proposed Standard Subdivision Conkling Point Estates located on the w/s/o Kerwin Boulevard, approximately 575' w/o August Lane, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 53-4-44.1 & 44.3 6:10 p.m. Proposed Standard Subdivision for Chase Bank, located at 10300 NYS Route 25, approximately 120' e/o Marlene Lane, on the s/s/o NYS Route 25, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-143-3-33.2 6:15 p.m. Proposed Conservation Subdivision for Peconic Land Trust, located at 3305 Oregon Road, 53' w/o Elijah's Lane on the n/s/o Oregon Road, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 94-3-1.3 Dated: 4/15/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, APRIL 30, 2009 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott[cschott@timesreview.com] Sent: Wednesday, April 15, 2009 3:38 PM To: Kalin, Carol . Subject: RE: legal ad for April 30th edition Hi Carol, I have received the legal ad and it is set to run in the April 30th edition of the Suffolk Times. Thanks and have a great evening! Candice From: Kalin, Carol [mailto:Carol.Kalin@town.southold.ny.us] Sent: Wednesday, April 15, 2009 2:18 PM To: legals@timesreview.com Subject: legal ad for April 30th edition Please print the attached legal ad for the 5/11/09 Planning Board Regular Mtg. Public Hearings re: Sutton, Conkling Point Estates, Chase Bank and Peconic Land Trust projects in the APRIL 30TH Edition. Kindly send me confirmation of receipt for our records.Thank you Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.Kalin@town.southold.ny.us 4/15/2009 • • MAILING ADDRESS: PLANNING BOARD MEMBERS V SO!/ryo Southold,P.O. Box 1179 LI s7I MARTIN H.SIDOR �Q l0 Chair 411 41 OFFICE LOCATION: WILLIAM J.CREMERS w Town Hall Annex KENNETH L.EDWARDSD �0 54375 State Route 25 GEORGE D. SOLOMON Oly (cor.Main Rd. &Youngs Ave.) JOSEPH L CO�r(j`{,� Southold,NY Telephone: 631 765-1936 Fax: 631765-3136 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 hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of May, 2009 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Alexander& Tracy Sutton located at 1160 North Bayview Road, 111.56' n/e/o Liberty Lane & Victoria Drive, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-78-9-54 & 78 6:05 p.m. Proposed Standard Subdivision Conkling Point Estates located on the w/s/o Kerwin Boulevard, approximately 575' w/o August Lane, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 53-4-44.1 & 44.3 6:10 p.m. Proposed Standard Subdivision for Chase Bank, located at 10300 NYS Route 25, approximately 120' e/o Marlene Lane, on the s/s/o NYS Route 25, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-143-3-33.2 6:15 p.m. Proposed Conservation Subdivision for Peconic Land Trust, located at 3305 Oregon Road, 53' w/o Elijah's Lane on the n/s/o Oregon Road, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 94-3-1.3 Dated: 4/15/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 15th day of April, 2009 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board Southold Town Hall 53095 Main Road, Southold, New York 5/11/09 Regular Meeting: 6:00 p.m. Public Hearing for the proposed standard subdivision for Alexander & Tracy Sutton, SCTM#1000-78-9-54 & 78 6:05 p.m. Public Hearing for the proposed standard subdivision Conkling Point Estates, SCTM#1000-53-4-44.1 &44.3 6:10 p.m. Public Hearing for the proposed standard subdivision for Chase Bank, SCTM#1000-143-3-33.2 6:15 p.m. Public Hearing for the proposed conservation subdivision for Peconic Land Trust, SCTM#1000-94-3-1.3 � ; r��4 2 Carol alin Secretary, Southold Town Planning Board CSworn to befor me this 1� day of {1 � 2009. Notaryis MELANIE DOROSKI NOTARY PUBLIC,State of New Nbrk N0.01D04634870 Oualified in Suffolk County Gomirtissioo Expires September 30,�I ll • • MAILING ADDRESS: PLANNING BOARD DMEMBERS �OrsF Sf7�ryolo South 1d,Box 1179MARTIN H. 11971 Char OFFICE LOCATION: WILLIAM J.CREMERS N 14- Town Hall Annex KENNETH L.EDWARDS �- 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COU l Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 14, 2009 Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision for Alexander & Tracy Sutton Located at 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-9-54 and 1000-78-9-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 13, 2009: WHEREAS, this proposal is for a standard subdivision (re-subdivision) of two parcels totaling 2.444 acres into 2 new lots, where SCTM#1000-78-9-54 will decrease in size from 1.820 acres to 1.421 acres (61,899 sq. ft.), and SCTM#1000-78-9-78 will increase in size from 0.624 acres to 1.023 acres (44,587 sq. ft.) in the R40 Zoning District; and WHEREAS, an application for sketch approval was submitted on May 20, 2008, including the sketch plan prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, the Southold Town Planning Board granted Sketch Approval on December 9, 2008 on the map prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, an application for Preliminary Approval was submitted on January 15, 2009; and WHEREAS, on March 23, 2009, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, determined that this is an Unlisted Action requiring an uncoordinated review; be it therefore Sutton Page Two April 14, 2009 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, based upon the uncoordinated review of this Unlisted Action, establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, May 11, 2009 at 6:00 p.m. for a public hearing on the Preliminary Plat prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007, last revised on March 25, 2009. Please refer to the enclosed copy of Chapter 55, 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 Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. May 8th. The sign and the post need to be returned to the Planning Board Office after the public hearing. Also enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SO(/jho Southold,P. Box 1179 11971 MARTIN H.SIDOR �� Char y_ +� OFFICE LOCATION: WILLIAM J.CREMERS N Ime Town Hall Annex KENNETH L.EDWARDS Gn, p� 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �yCQUNTI N`' Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance April 13, 2009 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 Standard Subdivision for Alexander and Tracy Sutton SCTM#: SCTM#1000-78-09-54 and 1000-78-09-78 Location: Proposed Standard Subdivision of Sutton Located 111.56 feet northeast of Liberty Lane and Victoria Drive in Southold SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: this proposal is for a standard subdivision (re-subdivision) of two parcels totaling 2.444 acres into 2 new lots, where SCTM#1000-78-9-54 will decrease in size from 1.820 acres to 1.421 acres (61,899 sq. ft.), and SCTM#1000-78-9-78 will increase in size from 0.624 acres to 1.023 acres (44,587 sq. ft.) in the R-40 Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: 1. The proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will therefore conform to Article VI of the Suffolk County • SEQRA Negative Declaration Page Two April 13, 2009 Sanitary Code and will not be expected to adversely affect groundwater quality. 2. No substantial adverse.change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action because only one additional residential dwelling is proposed. 3. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. 4. The proposed action is not in a material conflict with the community's current plans or goals as officially approved or adopted. The proposed action conforms to the zoning district. 5. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 6. No major change in the use of either the quantity or type of energy will occur. The one residential lot being created is not expected to have a significant impact on energy usage or,resources. 7. No creation of a hazard to human health will occur as a result of this subdivision. 8. The proposed action will not cause.a change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 9. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Tamara Sadoo,Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 cc: Suffolk County Department of Health Services 2 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-78-9-54 & 78; 3. That the property which is the subject of this application is located in the R-40 Zoning District; 4. That the application is for a standard subdivision (re-subdivision) of two parcels totaling 2.444 acres into 2 new lots, where SCTM#1000-78-9-54 will decrease in size from 1.820 acres to 1.421 acres (61,899 sq. ft.), and SCTM#1000-78-9-78 will increase in size from 0.624 acres to 1.023 acres (44,587 sq. ft.). The property is located at 1160 North Bayview Road,111.56 feet northeast of Liberty Lane and Victoria Drive, Southold; 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. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a public hearing will be held on the matter by the Planning Board on Monday May 11 2009 at 6:00 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 Name: Alexander & Tracy Sutton Date: 4/15/2009 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(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 I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Fri., 5/8/09 Re: Proposed Standard Subdivision for Alexander& Tracy Sutton SCTM#s: 1000-78-9-54 & 78 Date of Hearing:Monday, May 11, 2009. 6:00 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated,proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required 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 or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 ALEXANDER & TRACY SUTTON SUTTON STANDARD SUBDIVISON s 1000 =78 =9 -54 & 78 Proposal for a re-subdivision of two parcels totaling 2.444 acres into 2 new lots, where SCTM#1000-78-9-54 will decrease in size from 1 .820 acres to 1 .421 acres (61 ,899 sq. ft.), and SCTM#1000-78-9-78 will increase in size from 0.624 acres to 1 .023 acres (44,587 sq. ft.) in the R-40 Zoning District. MONDAY - MAY 11 1 2009 - 6 : 00 P . 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Box 1179 MARTIN H.SIDOR h�� ti�lO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y Town Hall Annex KENNETH L.EDWARDS GEORGE D.SOLOMON 0 �O 54375 State Route 25 JOSEPH L.TOWNSENDlij' N (cor. Main Rd. &Youngs Ave.) C om, Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: April 9, 2009 Re: Sutton Subdivision Application Name: Sutton Standard Subdivision Tax Map Number: 1000- 78-09-(54 & 78) Location: Type of Application: Sketch Subdivision Map (Dated: ) X Preliminary Subdivision Map (Dated: March 27, 2009) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated:_ ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (]Dated:_ ) Project Description: Additional Comments: Jamie,you already took a look at this plan for sketch, and I've attached your earlier comments. The applicant believes that there is existing drainage on the SE portion of the proposed subdivision,just to the East of the asphalt paved ROW n/o Liberty Lane in between their property and that of the Town of Southold. r ' r i Would you able to look at that area and see if that location would work as existing drainage and if so, is what currently exists there adequate or would the applicant need to make improvements to that existing drainage? If this existing drainage and drainage area will not work, I will advise the applicant to comply with your report of February 23,2009. If you have any questions,just give a call. Thank you for your cooperation. Submission Without a Cover Letter 's L Sender: Vc"AR-6 h/ Subject: Sv q"( 4� � SCTM#: 1000 - D� -Oct Date: Comments: s MAA 27 2009 r ' MAILING ADDRESS: PLANNING BOARD MEMBERSSO • P.O. Box 1179 JERILYN B.WOODHOUSE o� p�yo Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS 41 Town Hall Annex KENNETH L. EDWARDS N Q 54375 State Route 25 MARTIN H.SIDOR �O GEORGE D. SOLOMON (cor. Main Rd. &Youngs Ave.) COU NT1 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 24, 2009 Mr. Richard W. Vandenburgh 220 Roanoke Avenue Second Floor Riverhead, New York 11901 Re: Sutton Subdivision North Bayview Road, Southold, New York SCTM#1000-78-09-54 and 1000-78-09-78 Dear Mr. Vandenburgh, This letter is to follow-up the discussion the Southold Town Planning Board had at their February 23, 2009 Work Session regarding the above referenced application. In order for this application to be granted Preliminary Approval, the following items are still required from the applicant to be shown or referenced on the map: 1) The name of the Subdivision Map needs to be changed from "Minor" to "Standard." 2) Building envelopes need to be indicated on on Lot 2 so as to establish and ensure clearing limits and adequate setbacks as per§280, Attachments 1 and 3. 3) Demonstrate adequate Off Street Parking areas as per§280-78. Show a driveway for example. 4) Ensure compliance with §280-93 (A) Front Landscaped Area for Residential Districts. "In all residential districts, required front yards, except for the driveway, shall be landscaped with grass or other suitable ground cover, tress and/or shrubs." This requirement can be referenced on the map. Per this Work Session the Town Engineer will follow-up with a site visit to assess existing drainage along the east side of the paved area adjacent to Liberty Lane on the south side of proposed Lot 2. Based upon this assessment, a determination will be made as to the adequacy of this drainage and whether more drainage or alternate drainage is required. The Planning Board further recommends that the applicant begin the Suffolk County Health Department approval process as soon as possible as this can be a lengthy process. Suffolk County Health Department Approval is required for Final Approval by the Southold Town Planning Board for the above referenced subdivision. If you have any questions, please do not hesitate to contact this office. Thank you. Tamara S. Sadoo Planner Town of Southold Southold Town Annex 54375 State Route 25 PO Box 1179 Southold, NY 11971-0959 Telephone: (631) 765-1938 SCOTT A. RUSSELL ��� IO �Q� JAMES A. RICHTER, R.A. SUPERVISOR h ENGINEER TOWN HALL - 53095 MAIN ROAD 4 2 TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015 �, 4*`;Sp Tel.(631)-765-1560 JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US f'n OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse February 23, 2009 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Sutton Standard Subdivision SCTM #: 1000-78-09-(54 & 78) Fr 2 Dear Mrs. Woodhouse: As per a request from your office, I have revieVVe "tfie Survey / Site Plan for the above referenced subdivision. This proposed proposed subdivision has access from two separate Town Roads. By splitting this existing lot into two separate parcels, there is essentially not need for additional road construction. However, it is recommended that additional drainage be required at the driveway intersection with Victoria Drive and Liberty Lane. All construction must comply with the requirements of Town Code Section 236 Storm-water Management. Without additional topography at this location it is difficult to determine where new drainage should be installed. It would appear that there is a low point on the easterly side of the proposed 25'wide Right-of-Way. New Drainage should be designed and installed at this location to contain a 2" rainfall. The tributary area for this new drainage system will be the existing asphalt pavement area as well as the new driveway that will be constructed for access to the new lot. This drainage design should be submitted for review before final Planning Board Approval. Additional drainage system designs will be required for the approval of any building permits or development of the new lot. If you have any questions regarding this review, please contact my office. Sinc J mes A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) 41 WORK SESSION AGENDA So THOLD TOWN PLANNING BOAR01 Monday, February 23, 2009, 4:00 p.m. 4:00 p.m. Review Special Meeting Agenda 4:15 p.m. Site Plan and Subdivision Applications Site Plans: ---- ---------- _--- _ ------------- - - ---------— ---------- - Project name North Fork Hardware 1_SCTM#:21000-62-13 _ _. - - - - - Location: 54795 Route 25, Southold -- -- - --- - - - - - -- --- -----— ----- Description: 1 This-site plan is for the proposed new construction of 3,694 sq. ft. of first floor retail, 3,000 sq. ft. of basement storage, 392 sq. ft. of accessory office, and i 2,000 sq. ft. of attic storage with 27 parking spaces provided on a 20,002 sq.ft. parcel -: Status: Request Final Inspection _ _. ___— - Action: ! Review letter from applicant and discuss the situation with the Planning Board. Recommend for the Planning Board to grant Final Inspection provided cross j I access is co»rlIpleted Attachments: -_i_Letter from Applicant 1Project name: �Harbes FamilyWine _ SCTM#: 1000-120_1 4 & 112-1-7.1 Location: 715 Hallock Lane, Mattituck a Description This site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings In addition, the site provides existing parking of 28 spaces and provides new parking of 46 spaces along with a new loading area for trucks. The over-all property is 15.61 acres in the A C Zoning District. - ___ Status: fi The applicant has proposed an alternative plan in connection to an overFlow parking area for the uses on site. The Assistant Town Attorney reviewed the title search, associated deeds and boundary agreements as requested and has I determined that the applicant has the right to use and improve the R.O.W ! 1known as Hallock Lane. Town Engineer will require a 28' foot paved road as per Highway specifications. The applicant is showing a 15 foot paved R.O.W. t on the site plan _ Action: Review the new proposal and discuss the width of the right-of-way. Consider j requesting that the applicant demonstrate they a can provide a 28 foot right-of- way on the plan then refer the plan to the Town Engineer, Transportation Commission, Mattituck Fire Department and Building Inspector for their comments. -- - - - - — - --- --- -- - Attachments: Staff Report Subdivisions: Project name Sutton Standard Subdivision rSCTM#: [1000-78-9-54 & 78 Location. 111.56 feet north-east- a of Libert�Lne and Victoria Drive, Southold -111.5 feet --- --- -- - ; Description This proposal is for a subdivision of a 2.444 acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000-78-09-78. The lots have been previously j merged. Lot 1 would be 61,899 square feet and proposed Lot 2 would be 44,587 sq ft. in the R-40 zoning district._ ._._- . . _ _ --------------------------- -- ---- Status: 1 Sketch Approval _ __ Action: Consider granting Preliminary-set public hearing date at March 9, 2009 public meeting and completing SEQRA Neg.Dec. Attachments Staff Report/Draft Neg. Dec M` FATER & VANDENBURGH, _P ATTORNEYS AT LAW 220 ROANOKE AVENUE SECOND FLOOR RIVERHEAD, NEW YORK 11901 FREDERIC C. FOSTER (6.31) 727-7731 4 MONTAUK HIGHWAY RICHARD W. VANDENBURGH" FAX (631) 727-7741 WESTHAMPTON, NEW YORK 11977 ---- EMAIL:INFO@FOSTERVANDENBURGH.NET (631) 288-5550 ZACHARY IRTAZA RIYAZ FAX (631) 288-0286 TAYA N. WILLIAMS** 'ADMITTED IN NY& NJ OF COUNSEL ADMITTED IN NY& CT JILL R. PLoSKY January *002609 Planning Board Office Town of Southold P.O. Box 1179 Southold, New York 11971 Re: Sutton Subdivision North Bayview Road, Southold, New York -- SCTM #: 1000-78-09-54 and 1000-78-09-78 Dear Madam/Sir: Enclosed herewith please find the Application for Preliminary Plat Approval and six (6) copies of the Preliminary Plat Map, in connection with the above captioned matter. In addition, enclosed is my client's check made payable to the Town of Southold Planning Board in the sum of$1,000.00 representing the application fee. Very truly yours, P-6-4 bl) RICHARD W. VANDENBURGH RWV/crm Encs Sutton,Alexander/Subd ivisioN UrPlanningBoard 1-16-09 n OFFICE LOCATION: O��OF SOUj�o MAILING ADDRESS: `z Town Hall Annex `p P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave. Southold, NY 11971Q Telephone: 631 765-1938 Fax: 631765-3136 '7 COUNTi, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jerilyn B. Woodhouse, Chair i �— Members of the Planning Board JAN 2 0 2009 From: Mark Terry, Principal Planner \ LWRP Coordinator --- Date: January 6, 2009 Re: Proposed Standard Subdivision Alexander and Tracy Sutton 1160 North Bayview Road, Southold SCTM#1000-78-09-54 and 1000-78-09-78 Zoning District: R-40 Proposal is for a subdivision of a 2.444 acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000- 78-09-78. The lots have been previously merged. The zoning is R-40. Lot 1 would be 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following recommendations are implemented on the lots to further the below listed policies: To further Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: 4. Restore or add indigenous vegetative cover that presents a natural appearance. It is recommended that the Board through covenant and restriction: 1. Incorporate trees greater than 18" DBH within the mandatory clearing limits to the greatest extent practicable. 2. Require the use of indigenous vegetative species in landscaping. To further Policy 5.1. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards; and 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. A. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1.protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and B. Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards. 5.5. Protect and conserve the quality and quantity ofpotable water. A. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies; and It is further recommended that the Board require through covenant and restriction: 1. That driveways serving the proposed residential lot(2)be constructed of pervious materials. 2. Prohibit the use of synthetic herbicides, pesticides and fertilizers on the parcels. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Tamara Sadoo, Planner File MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE so yQl Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G 54375 State Route 25 GEORGE D.SOLOMON '�Q �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDI,YCOU'M' Southold, NY 111, DDD Telephone: 631 765-1938 Fax: 631 765-3136 December 9, 2008 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Richard W. Vandenburgh, Esq. 220 Roanoke Avenue, Second Floor Riverhead, New York 11901 Re: Proposed Standard Subdivision of Alexander&Tracy Sutton Located on North Bayview Road, 111.56 feet northeast of Liberty Lane and Victoria Drive, Southold SCTM#1000-78-09-54 and 1000-78-09-78 Zone: R-40 Dear Mr. Vandenburgh: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 8, 2008: WHEREAS, this proposal is for a standard subdivision of a 2.444 acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000-78-09-78. Lot 1 would total 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft., in the R-40 Zoning District; and WHEREAS, an application for sketch approval was submitted on May 20, 2008, including the sketch plan prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, on October 14, 2006, the applicant submitted a Letter of Opinion from Mr. Kenneth Zahler, Principle of Aquebogue Abstract Corp. Title Company to the Southold Town Planning Board indicating that the existing easement of ingress and egress running along the northeast boundary of the subject property is fully within the discretion of the owner as to its placement and location due to its lack of a description regarding specific dimensions; and WHEREAS, on October 14, 2008, the Southold Town Planning Board agreed with the Title Company's assessment of the easement issue; and WHEREAS, on November 26, 2008, the Southold Fire District determined that there is adequate fire protection in the area and fire access is sufficient; be it therefore RESOLVED, that the Southold Town Planning Board grants Sketch Approval on the map, prepared by Nathan Taft Corwin III, Land Surveyor dated June 15, 2007. If you have any questions regarding the above, please contact this office. Very truly yours, t< Jerilyn B. Woodhouse Chairperson Ire 9DUTMOCp i I G �Rf DISTR SOUTHOLD FIRE DISTRICT P.O. BOX 90£3. 501 j F1 IOLD, N.Y. 11971 November 26, 2008 6 11) )70}305 fAX ((>3 I) 765-5076 Ms. Tamara S. Sadoo, Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: SCTM# 1000-78-09-54 and 78 s/d for Sutton Dear Ms. Sadoo: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned subdivision and found that there is adequate fire protection for this property. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. Sincerely, I Carol A. Miller Fire District Secretary • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE oy��OF so P.O. Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N Ar 54375 State Route 25 GEORGE D.SOLOMON `p (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND lj'COU,M Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry,LWRP Coordinator From: Tamara Sadoo Date: November 17,2008 Re: SCTM#1000-78-09-54 & 78 The Planning Board refers this application to you for your information, comments,review, and certification, if applicable. The file is available at your convenience. Description This is for a proposed subdivision of a 2.444 acre parcel into 2 lots, SCTM# 1000-78-09-54 and 1000-78-09-78. The lots have been previously merged. The zoning is R-40. Lot 1 would be 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft. Thank you for your cooperation. Tamara Sadoo Planner Encls: Survey Map Subdivision Application • • MAILING ADDRESS: PLANNING BOARD MEMBERS �f3F so o P.O. Box 1179 JERILYN B.WOODHOUSE h0� 1y0� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR N bc54375 State Route 25 GEORGE D.SOLOMON iiO �� (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND Comm Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: November 17,2008 Re: Sutton Subdivision Application Name: Sutton Standard Subdivision Tax Map Number: 1000-78-09-54 & 78 Location: North Bayview Road, Southold Type of Application: X Sketch Subdivision Map (Dated: June 15,2007) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This is for a subdivision of a 2.444 acre parcel into 2 lots, SCTM# 1000-78-09-54 and 1000- 78-09-78. The lots have been previously merged. The zoning is R-40. Lot 1 would be 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft. Additional Comments: Please review for adequate septic, drainage, etc. Thank you for your cooperation. Tamara S. Sadoo Planner Town of Southold Southold Town Annex 54375 State Route 25 PO Box 1179 Southold,NY 11971-0959 Telephone: (631) 765-1938 Encls: Survey Map Sketch Plan Application • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE O��OF so P.O.Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Zft- 54375 State Route 25 GEORGE D.SOLOMON _`�� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �''`,olnM Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: November 17, 2008 Address: Southold Fire District P.O. Box 908 Southold,NY 11971 Re: Request for review on Sutton Subdivision,North Bayview Road, Southold SCTM#1000-78-09-54 & 78 Zone: R40 Dear Ms. Miller, The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This is for a proposed subdivision of a 2.444 acre parcel into 2 lots, SCTM# 1000-78-09-54 and 1000-78-09-78. The lots have been previously merged. The zoning is R-40. Lot 1 would be 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft. Please contact me at(631)765-1938 if you have any questions. Thank you for your cooperation. el ' Tamara S. Sadoo Planner Town of Southold Southold Town Annex 54375 State Route 25 PO Box 1179 Southold, NY 11971-0959 Telephone: (631) 765-1938 Encls.: Subdivision Application Subdivision Plat • WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Tuesday, October 14, 2008 4:00 p.m. 4:30 p.m. Site Plans and Subdivisions Site Plans Project name: SGDP LLC SCTM#. 19-2-10.1 Location: 35675 Main Road, Orient Description: This site plan is for the construction of a new 7,200 s.f. 60'x120' storage building for agricultural use on a 31.6 acre parcel in the R-80 Zone ...........- Status: Final Inspection Action: Review results of site inspection and consider issuing final inspection letter to the building department. Attachments: Draft letter Subdivisions -... __ --- Project name: Sutton Subdivision SCTM#: 1000-78-9-54 & 78 Location: 1160 North Bayview Road, Southold Description: i This is for a subdivision of a 2.444 acre parcel into 2 lots Status: Awaiting Sketch Approval Action: Consider accepting subdivision application and begin review process Attachments: Letter from-Title-Co. and NY Court of Appeals — Lewis v. Young Project name: Miller Subdivision SCTM#: 1000-63-1-12 Location: 1450 Horton's Lane, Southold Description: This proposed standard subdivision is to subdivide a 4 11.28- acre parcel into 3 lots in the R-40 Zoning District. Status: Awaiting sketch approval Action: Review request from applicant and consider requesting comments from Jamie Richter and Peter Harris Attachments: Follow-up letter to Gail Wickham Project name: Hazel's Woods — Thornton Smith SCTM#: 1000-123-6- 9 & 23 Location: The property is located east of Camp Mineola Road and north of Private Road in Mattituck. Description: This proposal is to subdivide an 8.46 acre parcel into 5 lot11 s in the R-80 Zoning District. Status: Awaiting sketch approval Action: Review road width shown on plan and consider requesting comments from Peter Harris/Jamie Richter re: road width Attachments: None .�S ASTER & VANDENBURGH•LP l 4 ATTORNEYS AT LAW ,T 220 ROANOKE AVENUE SECOND FLOOR RIVERHEAD, NEW YORK 11901 FREDERIC C. FOSTER (631) 727-7731 4 MONTAUK HIGHWAY RICHARD W. VANDENBURGH* FAX (631) 727-7741 WESTHAM PION, NEW YORK 11977 ---- EMAIL:INFO@FOSTERVANDENBURGH.NET (631) 288-5550 ZACHARY IRTAZA RIYAZ FAX (631) 288-0286 TAYA N. WILLIAMS** p OF *ADMITTED IN NY& NJ October 2 2008 COUNSEL **ADMITTED IN NY& CT , ---- JILL R. PLOSKY Planning Board Office Attn: Tamara S. Sadoo Town of Southold P.O. Box 1179 Southold, New York 11971 Re: Sutton Subdivision North Bayview Road, Southold, New York SCTM #: 1000-78-09-54 and 1000-78-09-78 Dear Ms. Sadoo: Following up on our last discussion at the work session on September 2, 2008, 1 am enclosing a letter of opinion from Kenneth Zahler, who is the principal of the title company, Aquebogue Abstract Corp. In addition, I have located a New York Court of Appeals case that is directly on point regarding the presence of an easement that does not contain any specific information on dimensions or specific location of the easement. I have included a copy of that decision herein as well. I would like to appear at your next work session to review the findings in Mr. Zahler's letter and review the facts of the case that was recently decided by the Court of Appeals on this similar issue. Please contact me as soon as possible to confirm our appearance on the work session calendar for October 6, 008. Thank you. V truly yo r ICAHRD W. VANDENBURGH RWV:nds. Encls. O:\User Dat\Sutton,Alexander\Subdivision\LtrSadoo10-2-08.doc i L_ ' t 46P I� • 123 Maple Avenue Riverhead, New York 11901-4674 Telephone: (631) 369-0200—Facsimile (631) 369-0199 www.AquebogueAbstract.com September 24, 2008 Richard W. Vandenburgh, Esq. Foster& Vandenburgh, LLP 220 Roanoke Avenue Riverhead, NY 11901 Re: Title #AQ-07-S-1356 Sutton from/ Saporito SCTM # 1000 - 078.00 - 09.00 - 078.000 Dear Mr. Vandenburgh: Please be advised that upon investigating the records to ascertain whether-or<nWfhe above referenced parcel known as tax map lot #78 (hereinafterrefed-16A as "Sutton Parcel"), contains an easement of undefined width, dimension and location that is relevant and applicable to your client's insurable interest. The reference to the presence of an easement is found in the language of the deed dated August 22, 1955 between Edward Nidds and George and Josephine Nenning, Liber 3962, cp 79 and is an easement of ingress and egress to certain roadways. The specific easement language in the aforementioned deed states, TOGETHER with a right to use, in common with others, of a right of way over said proposed highway to be known as 'Victoria Road' from North Bayview Road southerly along said land of Gritz and along the premises herein described [tax lots 55 thru 60] to the southeasterly corner thereof; then southeasterly and then again southerly along other land of the party of the first part to the Main Bayview Road. (emphasis added) In 1969, some fourteen years after the above referenced deed, the Town of Southold created Victoria Drive by way of deed recorded h1ber 6695 cp 87!and described by specific meets and bounds. Victoria Drive, was defined as starting at the southerly end of the Sutton Parcel and then traveling south to Main Bayview Road. There was no dedication of the Sutton Parcel nor was there any deed conveying the Sutton Parcel to the Town of Southold at that time. Furthermore, there is are no specific dimensions as to the easement width and the fact that the easement provides merely a right to use the right of way over said proposed highway, there is no expressed intent other than a right of ingress and egress. The original expressed intention was that such right would be over a proposed highway that was never created. Therefore, the fact that the Town of Southold elected not to create Victoria Drive over the Sutton Parcel is indicative of an intent to abandon the intention for the proposed use as a highway, and therefore allows the Suttons to define the size and location of the easement. In addition, the absence of a specific dimension, the present condition and width of the dirt path that exists on the premises, it is in the discretion of the owner of the property to place the easement location and width as he sees fit. The Suttons have the right to alter the size and location of the easement provided they do not impair the use and right to which others have been accustomed. Therefore, the presen use o e i p s yen o eig ee m �Oid ccommodates pedestrian use and it would therefore be within the Suttons discretion to alter the size to no less than approximately four (4) to five (5) feet in width and location upon the Sutton Parcel. If you have any further questions, please do not hesitate to contact the undersigned. Very truly yours, KENNETH B. ZAHLER . • Page ] of 8 705 N.E.2d 649 Page 1 92 N.Y.2d 443, 705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 P 141k44 Ways Lewis v.Young 14lk44(1) k. In General. Most Cited N.Y.,1998. Cases Generally, when intention in granting easement is Court of Appeals of New York. to afford only right of ingress and egress, it is right Roger LEWIS,Respondent, of passage, and not any right in physical passage- v. way itself,that is granted to easement holder. Neda YOUNG,Appellant. Oct.27, 1998. 131 Easements 141 C.X54 Owner of dominant tenement sought judgment de- 141 Easements claring existence of express easement over drive- 141II Extent of Right,Use,and Obstruction way of servient tenement, and precluding owner of 141k54 k. Alteration.Most Cited Cases servient tenement from relocating driveway. The Supreme Court, Suffolk County, Seidell, J., granted Easements 141 X58(3) summary judgment to owner of dominant tenement. Owner of servient tenement appealed. The Supreme 141 Easements Court, Appellate Division, 242 A.D.2d 317, 661 14111 Extent of Right,Use,and Obstruction N.Y.S.2d 51, affirmed, and owner of servient tene- 1411<56 Obstruction or Disturbance ment appealed. The Court of Appeals, Kaye, C.J., 141k58 Ways held that easement granting right of way across 14lk58(3) k. Fences and Gates. Most "main driveway" gave owner of dominant tenement Cited Cases right of ingress and egress, rather than right to par- In absence of demonstrated intent to provide other- ticular path, and owner of servient tenement was wise, landowner burdened by express easement of permitted to relocate driveway at owner's expense. ingress and egress may narrow it, cover it over, gate it or fence it off, so long as easement holder's Reversed. right of passage is not impaired. West Headnotes 141 Easements 141 X48(6) 111 Easements 141 C=42 141 Easements 14111 Extent of Right, Use,and Obstruction 141 Easements 141k46 Location 14111 Extent of Right,Use,and Obstruction 141k48 Ways 141 k39 Extent of Right 14lk48(6) k. Change of Location. 14lk42 k. By Express Grant or Reserva- Most Cited Cases tion. Most Cited Cases In absence of demonstrated intent to provide other- Express easements are defined by intent, or object, wise, owner of land burdened by express easement of parties. for right of way, consonant with beneficial use and development of its property, can move that right of 121 Easements 141 X44(1) way, so long as landowner bears expense of reloca- tion, and so long as change does not frustrate 141 Easements parties' intent or object in creating right of way, 1411I Extent of Right,Use,and Obstruction does not increase burden on easement holder, and 141 k39 Extent of Right does not significantly lessen utility of right of way. (0 2008 Thomson Reuters/West.No Claim to Orig.US Gov. Works. httn•lhaws') aaraetlaw 1174 All A. 44—=A AT r. 0. n1�A innno • • Page 2 of 8 705 N.E.2d 649 Page 2 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 151 Easements 141 X48(6) Most Cited Cases When language granting express easement does not 141 Easements itself reveal intent to preclude landowner's right to 14111 Extent of Right,Use,and Obstruction relocate right of way, consideration must also be 141k46 Location given to circumstances surrounding conveyance, in- 141k48 Ways cluding conduct of parties both prior and sub- 14lk48(6) k. Change of Location. sequent to grant. Most Cited Cases Express easement holder's continued use of access, ***657 *444 **649 Morvillo, Abramowitz, Grand, without more, does not itself alter landowner's right lason & Silberberg, P.C., New York City (John J. to relocate easement of ingress and egress, since Tigue, Jr. and Edward M. Spiro, of counsel), for ap- such use in neither adverse nor hostile. pellant. *445 Esseks, Hefter & Angel, Riverhead (Stephen 161 Easements 141 X42 R. Angel and Carmela M. Di Talia, of counsel), for respondent. 141 Easements 14111 Extent of Right,Use,and Obstruction 141k39 Extent of Right ***658*446**650 OPINION OF THE COURT 14lk42 k. By Express Grant or Reserva- tion.Most Cited Cases Chief Judge KAYE. Search for parties' intent in creating express ease- This battle between Southampton neighbors centers ment begins with words used in creating easement. on an open question in New York law: can a landowner, without consent, relocate an easement 171 Easements 141 Cz�48(6) holder's right of way over the burdened premises? We conclude that, under the particular circum- 141 Easements stances presented, the landowner can move the 14111 Extent of Right,Use,and Obstruction right of way, so long as the easement holder's right 141k46 Location of access and ingress is not impaired. We therefore 141k48 Ways reverse the Appellate Division order summarily dir- 14lk48(6) k. Change of Location. ecting restoration of the landowner's original drive- Most Cited Cases way, and remit the matter to the trial court to de- Express easement granting right of way across tennine remaining factual issues. "main driveway" gave easement holder right of in- gress and egress, rather than right to particular path, and landowner was permitted to relocate driveway 1. at owner's expense, where "main driveway" was in- definitely described in deed granting easement, and Plaintiff Roger Lewis and defendant Neda Young relocated driveway would not diminish easement own adjoining parcels of land in the Town of holder's right of ingress and egress. Southampton, both formerly owned by Herman and Jeanette Brown. In 1956, the Browns divided their 181 Easements 141 X48(6) plot into three parcels-a four-acre tract they re- tained for themselves, and two smaller properties 14i Easements they promptly sold. On February 2, 1956, the smal- 14111 Extent of Right,Use,and Obstruction lest parcel was sold to Marygaele and Theodore 14 1 k46 Location Jaffe. Seven months later, on September 14, 1956, 141k48 Ways Donald and Gertrude Katz purchased the second 14lk48(6)k. Change of Location. parcel. Neither parcel had direct access to the pub- ©2008 Thomson Reuters/West.No Claim to Orig.US Gov. Works. httn•//xvPh7 wactlmxr 1179 A0JP,__4—LJTA,cr UP, nl�A/nnn0 • Page 3 of 8 705 N.E.2d 649 Page 3 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 lic roadway, and both deeds therefore granted rights sequently, the Youngs relocated that driveway, pla- of way over the Brown property to South Ferry cing it closer to the boundary line separating the Road.F" three parcels. The new driveway, still "running in a generally southwesterly direction between South FNI. The Katzes are not parties to this lit- Ferry Road and the [Youngs'] residence premises," igation, and their easement rights are not at actually overlapped at some points with the original issue. driveway. At its point of greatest deviation, the re- located driveway was 50 feet from the original The Jaffe deed actually conveyed three easements. driveway. First, and most pertinently, it provided for "the per- petual use, in common with others, of the [Browns7 On December 1, 1993, in the midst of the Youngs' main driveway, running in a generally southwest- renovation efforts, plaintiff Roger Lewis, Mrs. erly direction between South Ferry Road and the Jaffe's nephew, received the deed to her property. [Browns7 residence premises." Two additional By letter dated December 9, plaintiffs attorney, easements, one for a 30-foot right of way and an- also representing the Katzes, informed the Youngs other for a 15-foot right of way, were also con- that his clients would agree to relocation of the veyed, each defined by exact distances, measured to driveway if they would perform certain renova- the hundredth of a foot and identified by reference tions, including refinishing the driveway with a per- to high water lines, monuments, neighboring prop- manent hard surface, installing entrance pillars and erties and other landmarks. On October 28, 1990, landscaping the driveway with evergreens on both defendant Neda Young and her late husband pur- sides. According to Mrs. Young, they agreed to do chased the four-acre tract from Donald and Joan so once construction of their new home was com- Brown Diamond, who had themselves acquired the pleted, but ***659 **651 were delayed by Mr. property from the Browns in 1969. The Youngs' Young's death in March 1994 and poor weather deed referenced all the foregoing easements. conditions. The tennis court was completed in May 1994. The Youngs purchased the property with the inten- tion of substantially improving it by razing the One month later, on June 23, 1994, plaintiffs attor- then-existing small *447 cottage and replacing it ney sent a second letter demanding that, within 10 with a large new residence, adding an in-ground days, defendant improve the relocated driveway as swimming pool and building a tennis court. Ac- had been agreed. Unless that were done, the letter cording to Mrs. Young, prior to commencing con- warned, his clients, at defendant's expense, would struction she and her husband met with their neigh- "proceed in putting the driveway back where it was bors to discuss their plans. Allegedly, neither the originally," despite the destruction of the tennis Katzes nor the widowed Mrs. Jaffe voiced any ob- court, which stood in the way. Defendant alleges jection-indeed, Mrs. Jaffe gave verbal consent to that, in addition, plaintiff soon after demanded that the renovations, including relocation of the existing she pay him $60,000, which she refused. Plaintiff driveway in order to make room for the tennis denies this assertion. court.In August 1992,Mrs.Jaffe died. The battle escalated even further when, on February Construction of the Youngs' residence, including 1, 1995, plaintiff filed suit seeking a declaration of their own separate entryway from South Ferry Road the parties' rights *448 regarding the easement and to their new home, started in the spring of 1993. a permanent injunction compelling defendant to re- Later that year, in November or December, they move the tennis court and return the driveway to its began building their tennis court, which was partly original location. Defendant alleges that, at this situated in the path of the main driveway. Con- time, construction of her home-including its new ®2008 Thomson Reuters/West.No Claim to Orig. US Gov. Works. httn'//txrch') 1Vactla.lr t:.9____11Tr 1170 nn • • Page 4 of 8 705 N.E.2d 649 Page 4 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 entryway-had not yet been completed, and the com- the driveway for 37 years without objection by the bination of weather and the pending litigation servient tenement fixed its location, and as such, its delayed finishing the relocated driveway in accord- course could not be changed without consent. The ance with the agreed-upon terms. Defendant Appellate Division noted, moreover, that summary answered the complaint with nine affirmative de- judgment was proper because plaintiff established fenses and three counterclaims. 2 Plaintiff that he did not *449 consent to the relocation and moved for partial summary judgment, seeking a de- defendant failed to proffer evidence raising an issue claration of his rights and dismissal of defendant's of fact.', 3 We now reverse. affirmative defenses and counterclaims. In opposi- tion, defendant submitted affidavits of herself, her FN3. To complete the procedural picture: son and his friend attesting to Mrs. Jaffe's consent the trial court severed defendant's counter- to the driveway relocation. claims regarding removal of utility wires and destruction of trees and plaintiffs FN2. Defendant sought reconstruction of second through sixth causes of action. the 1956 deed from the Browns to the Only the easement issue was appealed; de- Jaffes to reflect mutual mistake, inasmuch fendant's stay of the trial court orders re- as that deed did not contain the same mains in effect during pendency of the ap- "relocation provision" found in the deed to peal. This Court granted leave to appeal the Katzes. She also sought a permanent that portion of the Appellate Division or- injunction compelling plaintiff to remove der affirming the declaration that the right his utility wires and related paraphernalia of way could not be moved, and dismissed from defendant's property as any easement as nonfmal the portion of the order affirm- which existed was only for purposes of in- ing enforcement of the declaration (91 gress and egress, and $50,000 in damages N.Y.2d 953, 671 N.Y.S.2d 712, 694 for plaintiffs destruction of certain trees N.E.2d 880). on her property. 11. Supreme Court granted plaintiffs motion for partial summary judgment and dismissed defendant's [1] Analysis begins with a timeless first principle in counterclaim for reformation, holding that plaintiff the law of easements, articulated by this Court in had an easement over defendant's property which Bakeman v. Talbot, 31 N.Y. 366 in 1865 and re- defendant had no right to move and that CPLR cently reasserted with equal vigor in Dowd v. Ahr, 4519 (the Dead Man's Statute) precluded any testi- 78 N.Y.2d 469, 577 N.Y.S.2d 198, 583 N.E.2d mony regarding Mrs. Jaffe's alleged oral consent. 911: express easements are defined by the intent, The court found as a matter of law that "since the or object,of the parties. location of the subject easement remained fixed for at least thirty-seven (37) years (from 1956-1993) it ***660 [2] **652 While we have not previously could not be relocated without plaintiffs consent" considered the particular question now before us, Plaintiff then sought an order compelling defendant we have several times passed upon questions in- to restore the driveway to its original condition or volving the type of easement at issue-a right of allow him to complete the restoration at defendant's way. As a rule, where the intention in granting an expense-relief the court granted. easement is to afford only a right of ingress and egress, it is the right of passage, and not any right For much the same reason the Appellate Division in a physical passageway itself, that is granted to affirmed: although the location of the easement was the easement holder (Bakeman v. Talbot, 31 N.Y., not specified in the 1956 deed that created it, use of at 371, supra; Grafton v. Moir, 130 N.Y. 465, ©2008 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.asnx?sv=Snlit&rs=WLWR.O9&nrft=NTMT.F& • • Page 5 of 8 705 N.E.2d 649 Page 5 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 470472, 29 N.E. 974 [easement granting "right of ments.FN4 That has not, however, been the unan- way through and over the carriage or alley-way in imous view of lower courts in New York (compare, the rear of the * * * premises" held not to be a re- Van Look v. Malone, 92 A.D.2d 964, 460 N.Y.S.2d servation of the "alley itself' but only "the right of 654 [landowner could relocate right of way where way over the alley-way or carriage-way"] ). As this easement granted was "the right of ingress and Court observed more than a century ago, egress * * * over a route now used * * * or one hereinafter designated to be used"]; Clements v. " `A right of way along a private road belonging to Schultz, 200 A.D.2d 11, 13, 612 N.Y.S.2d 726 another person does not give the [easement holder] [landowners could not unilaterally relocate ease- a right that the road shall be in no respect altered or ment by constructing roadway where easement the width decreased, for his right * * * is merely a granted "free use of the present roadway, or any right to pass with the convenience to which he has other roadway to be constructed"]; Quinta Doro- been accustomed.' " (Grafton v. Moir, 130 N.Y., at teia, Ltd. v. Wagner, 141 A.D.2d 711, 713, 529 472, 29 N.E. 974,supra [quoting Goddard, Ease- N.Y.S.2d 581 [landowner entitled to relocate right ments, at 3321; see also, Herman v. Roberts, 119 of way where grant did not contain "detailed di- N.Y.37,42,23 N.E.442.) mensional specifications" and new route did not ad- [3] Thus, in the absence of a demonstrated intent to versely impact easement holder's rights]). provide otherwise, a landowner burdened by an ex- FN4. See generally, Bruce and Ely, Ease- press easement of ingress and egress may narrow it, ments and Licenses in Land ¶ 7.05; Davis cover it over, gate it or fence it off, so long as the v. Bruk, 411 A.2d 660(Me); Edgell v. Div- easement holder's right of passage is not impaired ver, 402 A.2d 395 (Del); Hollosy v. Ger- (see, e.g., Dalton v. Levy, 258 N.Y. 161, 167, 179 shkowitz, 88 Ohio App. 198, 98 N.E.2d N.E. 371 [narrowing of a right of way by construc- 314; but see, Ogden v. Bankston, 398 tion of a building on it]; *450Grafton v. Moir, 130 So.2d 1037 (La.) (landowner entitled to re- N.Y., at 471473, 29 N.E. 974,supra [covering over locate where original location prevented of alleyway]; Andrews v. Cohen, 221 N.Y. 148, most advantageous subdivision of servient 155, 116 N.E. 862 [covering over of passageway]; estate and easement holder was afforded Brill v. Brill, 108 N.Y. 511, 516-517, 15 N.E. 538 equally convenient access); Mackin v. [fences and gates]; Cunningham v. Fitzgerald, 138 Mackin, 186 Conn. 185, 439 A.2d 1086 N.Y. 165, 171, 33 N.E. 840 [changing street grade (easement holder entitled to nominal dam- impaired access, and therefore required easement ages only where relocation resulted in min- holder's consent] ). As a matter of policy, affording imal inconvenience). Elsewhere, courts the landowner this unilateral, but limited, authority have recognized their own power to com- to alter a right of way strikes a balance between the pel relocation, in the interests of justice, landowner's right to use and enjoy the property and where the change did not substantially in- the easement holder's right of ingress and egress terfere with the easement holder's use and (see, Paine v. Chandler, 134 N.Y. 385, 391; , 32 enjoyment of the right of way. See, Soder- N.E. 18 5 Warren's Weed, New York Real Prop- berg v. Weisel, 455 Pa.Super. 158, 687 erty,Easements, § 1.01[2] [4th ed.]). A.2d 839; Kline v. Bernardsville Assn., While enjoying a limited right to narrow, cover, 267 N.J.Super. 473,631 A.2d 1263. gate and fence off such easements, can a landowner Easement relocation questions that have previously similarly relocate a right of way without the ease- reached this Court presented materially different ment holder's consent? Other jurisdictions have factual situations. First, as exemplified by Dowd v. broadly required consent to the relocation of ease- ©2008 Thomson Reuters/West.No Claim to Orig. US Gov. Works. httn•/Avph7 UUP¢tinix, 1170 /N1 IT I n in� innnn • • Page 6 of 8 705 N.E.2d 649 Page 6 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 Ahr, 78 N.Y.2d 469, 577 N.Y.S.2d 198, 583 N.E.2d reasons, however, do not justify denying a 911, supra and *451 Onthank v. Lake Shore & landowner's (or "servient owner's") limited author- Mich. S.R.R. Co., 71 N.Y.194, our prior relocation ity to move an unlocated right of way. Indeed, re- cases ***661 **653 have not concerned rights of cognizing that authority likely increases the value way. Rather, the easement holder in those cases of the servient estate, and encourages the landown- was given the right to build a structure-a dock in er to make improvements. Moreover, because a one instance, a pipeline in the other-on the landowner's authority to relocate a right of way landowner's property. Unlike the right of way now without consent is limited-in that relocation may at issue, those easements could not be enjoyed un- not impair the easement holder's rights-both parties less and until their locations were fixed on the have an incentive to resolve any dispute prior to re- landowner's property (see, Dowd v. Ahr, 78 N.Y.2d, location. The easement holder has an interest in in- at 473, 577 N.Y.S.2d 198, 583 N.E.2d 911, supra fluencing the landowner's choice of a new location, [express grant to build a dock at "a point [to be] and the landowner will want to avoid the risk and designated" by the grantor]; FN5 Onthank v. Lake cost of allowing a court to make an *452 after- Shore & Mich. S.R.R. Co., 71 N.Y., at 197,supra the-fact determination as to the propriety of the re- [once the pipe was laid, the easement location be- location. came fixed]; see also, Evangelical Lutheran St. John's Orphan Home v. Buffalo Hydraulic Assn., 64 Recognition of a relocation right in landowners N.Y. 561 [easement for dam] ). By contrast, enjoy- raises its own policy concerns: that landowners ment of an undefined right of ingress and egress (whose purchase price reflected the existence of the over the land of another does not require any fixed easement) will receive a windfall, that easement occupancy of the landowner's premises. holders may be rendered vulnerable to harassment by the landowner and that the settled expectations FNS. In Dowd, moreover, the Court noted of the easement holder will be disrupted (see, Davis that the landowner could have achieved its v. Bruk, 411 A.2d 660 [Me.], supra; Note, The objective in the enjoyment and develop- Right of Owners of Servient Estates to Relocate ment of its property without demolishing Easements Unilaterally, 109 Harv.L.Rev. 1693 and relocating the easement holders' dock [1996]; but see, Note, Balancing the Equities: Is (78 N.Y.2d, at 474, 577 N.Y.S.2d 198, 583 Missouri Adopting a Progressive Rule for Reloca- N.E.2d 911,supra). tion of Easements?, 61 Mo.L.Rev. 1039 [1996] ). We conclude, however, that these concerns are ad- The second category of cases to reach this Court in- equately addressed by the limitation that a volved relocation attempts by the easement holder, landowner may not unilaterally change a right of not-as in the present case-by the landowner (see, way if that change impairs enjoyment of the ease- Onthank v. Lake Shore & Mich. S.R.R. Co., 71 ment holder's rights (see, Grafton v. Moir, 130 N.Y.194, supra; Evangelical Lutheran St. John's N.Y., at 473, 29 N.E. 974, .supra [coverage that so Orphan Home v. Buffalo Hydraulic Assn., 64 N.Y. darkens the passageway as to make travel uncom- 561,supra).That,too, is a significant distinction. fortable interferes with reasonable enjoyment of easement]; Dalton v. Lew, 258 N.Y., at 167, 179 Traditionally, reasons given for denying easement N.E. 371, supra; Andrews v. Cohen, 221 N.Y., at holders the right to make changes in location are 155, 116 N.E. 862, .supra; Brill v. Brill, 108 N.Y., that "treating the location as variable would depre- at 516, 15 N.E. 538, supra; Cunningham v. ciate the value of the servient estate, discourage its Fitzgerald, 138 N.Y., at 171, 33 N.E. 840,supra). improvement, and incite litigation" (Restatement [Third] of Property [Servitudes], Tentative Draft [4] Thus, based on our precedents and their under- No. 4, § 4.8[31, comment f). Those same policy ©2008 Thomson Reuters/West.No Claim to Orig.US Gov. Works. httn•/AvPh') uuPetlaia,rnm/print/nrintciraam ocnv9c.,_C..1;rR..o_\I7T \UQ 00iV, _1r4—uTw AT UD- nPIA innno • • Page 7 of 8 705 N.E.2d 649 Page 7 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 lying policy considerations, we conclude that-as in the words they used in creating the easement. Here, the easement alteration cases-a balancing test is the deed conveyed to the Jaffes a right to "the per- also appropriate as to relocation of an undefined petual use, in common with others, of [Mr. right of way. In the absence of a demonstrated in- Brown's] main driveway, running in a generally tent to provide otherwise, a landowner, consonant southwesterly direction between South Ferry Road with the beneficial use and development of its prop- and [Mr. Brown's) residence premises." Under the erty, can move that right of way, so long as the terms of that grant, the Jaffes secured the right of landowner bears the expense of the relocation, and convenient passage to and from their property, so long as the change does not frustrate the parties' while the Browns retained the right to use their intent or object in ***662 **654 creating the right property as they saw fit, so long as it did not inter- of way, does not increase the burden on the ease- fere with the right of passage granted (see, 5 War- ment holder, and does not significantly lessen the ren's Weed, New York Real Property, Easements, § utility of the right of way (see, Restatement [Third] 1.01[2] [4th ed.) ). of Property [Servitudes], Tentative Draft No. 4, § 4.8[3])• The deed, however, does not reflect an intent to deny Mr. Brown the right ever to relocate the "main [5] Given that a landowner is not, as a matter of driveway" to his house in order to accommodate the law, precluded from relocating such an easement of grantees' right of ingress and egress to their adjoin- ingress and egress in the first instance, it follows ing premises. Indeed, the indefinite description of that the easement holder's continued use of the ac- the right of way suggests the opposite-namely, that cess-without more-does not itself alter that right the parties intended to allow for relocation by the (see, e.g., Peabody v. Chandler, 42 App.Div. 384, landowner. Notably, the parties themselves in the 59 N.Y.S. 240 [use of pathway for 13 years did not same deed described two additional easements by fix the location of an easement granting general explicit reference to metes and bounds. Had they right of way] ). Mere use of a particular path in ac- intended the right of way to be forever fixed in its cordance with an explicit right to do so is neither location, presumably they would have delineated it hostile nor adverse. Thus, continued usage of that in similar fashion. Moreover, if by "main drive- same path *453 does not in and of itself fix an oth- way" they meant to perpetuate the driveway then in erwise undefined location so as to enlarge the in- existence, the additional specification found in the terest of the easement holder or reduce the interest deed-"running in a generally southwesterly direc- of the landowner. tion between South Ferry Road and [Mr. Brown's] residence premises"-would have been superfluous. III• The provision manifests an intention to grant a right of passage over the driveway-wherever located-so Applying these principles to the facts at hand, we long as it meets the general directional sweep of the must fust determine whether, in the 1956 Brown- existing driveway (see, e.g., Matter of City of New Jaffe deed, it was the intention of the parties, in cre- York[West Tenth St.], 267 N.Y. 212, 221, 196 N.E. ating the right of way that plaintiff now enjoys, to 30 *454 [easement with "high-water line" as a deny the landowner's right ever to relocate his main boundary was not fixed at high-water line that exis- driveway without the easement holder's consent. If ted at the time of the grant, but rather, at "such line no such intent is to be found-as we conclude-then wherever it might thereafter be located"]; Lattimer defendant may relocate the right of way so long as v Sokolowski, 31 N.Y.S.2d 880, 881 [easement plaintiffs right is not impaired. granting right of way across property from the [6][7] The search for the parties' intent begins with highway to a particular lot "as the same is now ©2008 Thomson Reuters/West.No Claim to Orig.US Gov. Works. httn'//we.h? wPstlaw rnm/nrint/nrintetrPam acnv9c, e r.R. —{7R {774 no ip _4. _TJTA 4T TJ 0- n/te n/nnno • . Page 8 of 8 705 N.E.2d 649 Page 8 92 N.Y.2d 443, 705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 used" did not reserve a right of passage over the two lanes then in existence but granted a right of way reasonably necessary and convenient for the purpose for which it was created.]). [8] When-as here-the language of a grant does not itself reveal an intent to preclude the landowner's right to relocate the right of way, consideration must also be given to circumstances surrounding the conveyance, including the conduct of the parties both prior and subsequent to the grant (Bakeman v. Talbot, 31 N.Y., at 368, supra; Wilson v. Ford, 209 N.Y. 186, 196, 102 N.E. 614,rearg. denied***663**655209 N.Y. 565, 103 N.E. 1135; Onthank v. Lake Shore & Mich. S.R.R. Co., 71 N.Y., at 197,supra ). Here, however, nothing in the conduct of the parties or other surrounding cir- cumstances indicates an intent to deny the landown- er's right to relocate the driveway. Thus, the only remaining fact question is whether the relocation impairs or diminishes plaintiffs right of ingress and egress. Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this opinion. Judges BELLACOSA, SMITH, LEVINE, CIPARICK,and WESLEY concur. Order,insofar as appealed from,reversed,etc. N.Y.,1998. Lewis v.Young 92 N.Y.2d 443, 705 N.E.2d 649, 682 N.Y.S.2d 657, 1998 N.Y. Slip Op.09254 END OF DOCUMENT ©2008 Thomson Reuters/West.No Claim to Orig. US Gov. Works. http://web2.westlaw.com/tnrint/Drintstream.asnx?qv=gnlit,9rrq=Wl,WR 099,nrfr=T4ITAI R,G 01)n1')nnu 1.3/02/2008 15:56 63172741 FOSTER & VANDEt,JRGH PAGE 01/12 FOSTER & VANDENBURGH, LLP ATTORNEYS AT LAW 220 ROANOKE AVENUE RIVERHEAD, NEW YORK 11.901. VOICE: (631) 727-7731 TELEFAX: (631) 727-7741 FAX COVER SHEET This Facsimile transmission(and/or the documents accompanying it)may contain confidential information belonging to The Law Offices of Foster&Vandenburgh, LLP, which is protected by the aRomey-client privilege.The information is intended only for the use of the named recipient. If you are not the named recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action In rellance on the contents of this information is strictly prohibited. If you have recetved this transmission in error, please immadistely notify us by telephone to artange for the return of the documents. TO: TAMARA S. SADOO FAX NO.: 631-765-3136 FROM: RICHARD W. VANDENBURGH, ESQ. DATE: OCTOBER 2, 2008 RE: Sutton Subdivision NUMBER OF PAGES INCLUDING TRANSMITTAL: If you do not receive all pages or any page is not legible,please call (631) 727-7731. MESSAGE: 1.9/02/2008 15:58 6317271 FOSTER & VANDEWGH PAGE 02/12 FOSTER & VANDElVBURGH5, LLP ATTORNEYS AT LAw 220 ROANom AVENUE SECOND FLOOR RIYERHFAO, NEW YORK 11901 FREGERIC C. FOSTER (631) 727.7731 4 MONTAUK HIGHWAY RICHARD W. VANOENSURGW FAX (631) 727-7741 WESTHAMPTON, NEW YORK 11977 ---- EMAIL:INFOIFOSTERVANOENEURGH.NET (631) 288-5550 ZACHARY rRTAZA RIYAZ FAX (631) 288-0286 TAYA N. WILLIAMS" "Acmi=P IN NY& NJ OF COUNSEL •«AONITTEP IN NY&CT October 2, 2008 __ JILL R. PLOSKY Planning Board Office Attn:Tamara S. Sadoo Town of Southold P.O_ Box 1179 Southold, New York 11971 Re: Sutton Subdivision North Bayview Road, Southold, New York SCTM#. 1000-78-09-54 and 1000-78.09-78 Dear Ms. Sadoo: Following up on our last discussion at the work session on September 2, 2008, 1 am enclosing a letter of opinion from Kenneth Zahler, who is the principal of the title company, Aquebogue Abstract Corp. In addition, I have located a New York Court of Appeals case that is directly on point regarding the presence of an easement that does not contain any specific information on dimensions or specific location of the easement. I have included a copy of that decision herein as well I would like to appear at your next work session to review the findings in Mr. Zahler's letter and review the facts of the case that was recently decided by the Court of Appeals on this similar issue. Please contact me as soon as possible to confirm our appearance on the work session calendar for OctoberB, 008. Thank you. V truly yo r� �, ICAHRD W.Vl"AI 'f NDE`NBBU�RGH RVW:nds. Encis. 01User oatl5utlon,Alexander%Subdivieion%tr5ado07o-2-OS.dm 1-0/02/2008 15:58 6317271 FOSTER & VANDE#GH PAGE 03/12 A �Is23 Maple Avenue Riverhead, .New York 11901-4674 Telephone: (631) 369-0200—Facsimile (631) 369-0199 www.AquebogueAbstract.com September 24, 2008 Richard W.Vandenburgh, Esq. Foster&Vandenburgh, LLP 220 Roanoke Avenue Riverhead, NY 11901 Re: Title#AQ-07-S-1356 Sutton from/ Saporito SCTM# 1000-078.00 -09.00-078.000 Dear Mr.Vandenburgh: Please be advised that upon investigating the records to ascertain whether or not the above referenced parcel known as tax map lot #78 (hereinafter referred to as "Sutton Parcel"), contains an easement of undefined width, dimension and location that is relevant and applicable to your client's insurable interest. The reference to the presence of an easement is found in the language of the deed dated August 22, 1955 between Edward Nidds and George and Josephine Nenning, Liber 3962, cp 79 and is an easement of ingress and egress to certain roadways. The specific easement language in the aforementioned deed states, TOGETHER with a right to use, in common with others, of a right of way over said proposed highway to be known as 'Victoria Road' from North Bayview Road southerly along said land of Gritz and along the premises herein described (tax lots 55 thru 501 to the southeasterly corner thereof; then southeasterly and then again southerly along other land of the party of the first part to the Main Bayview Road. (emphasis added) In 1969, some fourteen years after the above referenced deed, the Town of Southold created Victoria Drive by way of deed recorded in liber 6695 cp 87, and described by specific meets and bounds. Victoria Drive, was defined as starting at the southerly end of the Sutton Parcel and then traveling south to Main Bayview Road. There was no dedication of the Sutton 10/02/2008 15:58 631727 41 FOSTER & VANDEWGH PAGE 04/12 Parcel nor was there any deed conveying the Sutton Parcel to the Town of Southold at that time. Furthermore, there is are no specific dimensions as to the easement width and the fact that the easement provides merely a right to use the right of way over said proi2osed hi hwa , there is no expressed intent other than a right of ingress and egress. The original expressed intention was that such right would be over a proposed highway that was never created_ Therefore, the fact that the Town of Southold elected not to create Victoria Drive over the Sutton Parcel is indicative of an intent to abandon the intention for the proposed use as a highway, and therefore allows the Suttons to define the size and location of the easement. In addition, the absence of a specific dimension, the present condition and width of the dirt path that exists on the premises, it is in the discretion of the owner of the property to place the easement location and width as he sees fit. The Suttons have the right to alter the size and location of the easement provided they do not impair the use and right to which others have been accustomed. Therefore, the present use of the dirt path of seven (7) to eight (8) feet in width accommodates pedestrian use and it would therefore be within the Suttoris discretion to alter the size to no less than approximately four(4)to five (5)feet in width and location upon the Sutton Parcel. If you have any further questions, please do not hesitate to contact the undersigned. Very truly yours, KENNETH B. ZAHLER 10/02/2008 15:58 6317277,741 FOSTER & VANDEt�J�RGH PAGE 05/12 • Page 1 of 8 705 N.E.2d 649 Page 1 92 N.Y.2d 443,705 19.E.2d 649,692 N.Y.S.2d 657,1998 N.Y.Slip Op.09254 P, 141k44 Ways Lewis v.Young 14lk44(1) k. In General. Most Cited N.Y.,1998. Cases Generally, when intention in granting easement is Court of Appeals of New York. to afford only right of ingress and egress, it is right Roger LEWIS,Respondent, of passage, and not any right in physical passage- v, way itself,that is granted to easement holder. Neda YOUNG,Appellant. Oct.27, 1998. 13] Easements 1.41 C=54 Owner of dominant tenement sought judgment de- 141 Easements claring existence of express easement over drive- 141.8 Extent of Right,Use,and Obstruction way of servient tenement, and precluding owner of 14lk54 k.Alteration.Most Cited Cases servient tenement from relocating driveway. The Supreme Court, Suffolk County, Seidell, J., granted Easements 141 C_-,�58(3) summary judgment to owner of dominant tenement. Owner of servient tenement appealed. The Supreme I41 Easements Court, Appellate Division, 242 A.D.2d 317, 661 14111 Extent of Right,Use,and Obstruction N.Y.S.2d 51, affirmed, and owner of servient tene- 141k56 Obstruction or Disturbance ment appealed. The Court of Appeals, Kaye, C.J. MIMS Ways held that easement granting right of way across 14lk38(3) k, Fences and Gates. Most "main driveway" gave owner of dominant tenemen Cited Cases right of ingress and egress, rather than right to par- In absence of demonstrated intent to provide other- ticular path, and owner of servient tenement was wise, landowner burdened by express easement of permitted to relocate driveway at owner's expense. ingress and egress may narrow it, cover it over, gate it or fence it off, so long as easement bolders Reversed. right of passage is not impaired. West Headnotes 141 Easements 141 E�48(6) 111 Easements 141 G;;;-42 141 Easements 141 lI Extent of Right, Use,and Obstruction 141 Easements 141k46 Location 141 If Extent of Right,Use,and Obstruction 141k48 Ways 14lk39 Extent of Right 141k48(6) k. Change of Location. 14ik42 k. By Express Grant or Reserva- Most Cited Cases tion.Most Cited Cases In absence of demonstrated intent to provide other- Express easements are defined by intent, or object, wise, owner of land burdened by express easement ofpanies- for right of way, consonant with beneficial use and development of its property, can move that right of 121 Easements 141 X44(1) way, so long as landowner bears expense of reloca- tion, and so long as change does not frustrate 141 Easements parties' intent or object in creating right of way, 14111 Extent of Right,Use,and Obstruction does not increase burden on easement holder, and 14lk39 Extent of Right does not significantly lessen utility of right of way- 0 2008 Thomson Reuters/West.No Claim to Orig.US Gov.Works, hthr•/Ap4-l+7 tore nnA_-Txrm rr r a nin•onnno 10/02/2008 15:58 6317271 FOSTER & VANDENfGH PAGE 06/12 • Page 2 of 8 705 N.E.2d 649 Page 2 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657,1998 N.Y.Slip Op.09254 15]Easements 141 IC=48(6) Most Cited Cases When language granting express easement does not 141 Easements itself reveal intent to preclude landowner's right to 14111 Extent of Right,Use,and Obstruction rel me right of way, consideration must also be ]4Ik46Location I �Cven to circumstances surrounding conveyance in- 141k48 Ways eluding conduct of patties both prior and sub- 1.41 k48(6) k. Change of Location. sequent to grant. Most Cited Cases Express easement holder's continued use of access, ***657 *444 **649 Morvillo, Abramowitz, Grand, without more, does not itself alter landowner's right lason & Silberberg, P.C., New York City (John J. to relocate easement of ingress and egress, since Tigue, Jr. and Edward M. Spiro, of counsel), for ap- such use in neither adverse nor hostile. pellant. *445 Esseks, Hefter & Angel, Riverhead (Stephen 161 Easements 141 0�42 R. Angel and Camtela M. Di Talia, of counsel), for respondent. 141 Easements 141 U Extent of Right,Use,and Obstruction 141k39 Extent of Right ***658*446**650 OPINION OF THE COURT 14lk42 k. By Express Grant or Reserva- tion.Most Cited Cases Chief Judge KAYE. Seaacb for parties' intent in creating express ease- This battle between Southampton neighbors centers ment begins with words used in creating easement. on an open question in New York law: can a - landowner, without consent, relocate an easement 171 Easements 141 f�48(6) holder's right of way over the burdened premises? We conclude that, under the particular cimum- 141 Easements stances presented, the landowner can move the 141 i!Extent of Right,Use,and Obstruction right of way, so long as the easement holdees right 141k46 Location of access and ingress is not impaired. We therefore 141k48 Ways reverse the Appellate Division order summarily dir- 141k48(6) k. Change of Location. ecting restoration of the landowner's original drive- Most Cited Cases way, and remit the matter to the trial court to de- Express easement granting right of way across termine remaining factual issues. "main driveway" gave easement holder right of in- gress and egress,rather than right to particular path, L nd landowner was permitted to relocate driveway I. p owner's expense, where "main driveway" was in- fi^�described in deed�rsnting easement, and Plaintiff Roger Lewis and defendant Neda Young and driveway wourl=not diminish casement own adjoining parcels of land in the Town of holder's right of ingress and egress. Southampton, both formerly owned by Herman and Jeanette Brown. In 1956, the Browns divided their 181 Easements 141 k=48(6) plot into three parcels-a four-acre tract they re- tained for themselves, and two smaller properties 141 Easements they promptly sold. On February 2, 1956,the smal- 14111 Extent of Right,Use,and Obstruction lest parcel was sold to Marygaele and Theodore 141 k46 Location Jaffe. Seven months later, on September 14, 1956, 141k48 Ways Donald and Gertrude Katz purchased the second 141 k48(6)k Change of Location. parcel. Neither parcel had direct access to the pub- 0 2008 Thomson Reuters/West.No Claim to Orig.US Gov.Works. hMn•//uwh7 rwrPc4larr,rim/nri»f7nrinMh-nam ac.,.•7�•.rR..1;�R��_'117T'1170 A0A. _A,—UT�$T t:0. nPIA MAno 1.0/02/2008 15:58 6317271 FOSTER & VANDENfGH PAGE 07/12 Page 3 of 8 705 N.E.2d 649 Page 3 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N/Y.Slip Op.09254 lic roadway, and both deeds therefore granted rights V/ sequeetly, the Youngs relocated that driveway, plea of way over the Brown property to South Ferry ting it closer tom h e Road"*' s. The new driveway, still `running in a generally southwesterly direction between South FNI. The Kat2es are not parties to this lit- Ferry Road and the [Youngs] residence premises," igation, and their easement rights are not at actually overlapped at some points with the original issue. driveway. At its point of greatest deviation, the re- located driveway was 50 feet from the original The Jaffe deed actually conveyed three easements. driveway. First, and most pertinently, it provided for"the per- t use, in common with others, ofthe [Browns] On December 1, 1993, in the midst of the Youngs' main drrvewalk running in a generally southwest- renovation efforts, plaintiff Roger Lewis, Mrs. erly direction between South Ferry Road and the Jaffe's nephew, received the deed to her property. [Browns) residence premises." Two additional By letter dated December 9, plaintiffs attorney, easements, one for a 30-foot right of way and an- also representing the Katzes, informed the Youngs other for a 15-foot right of way, were also con- that his clients would agree to relocation of the veyed, each defined by exact distances, measured to driveway if they would perform certain renova- the hundredth of a foot and identified by reference tions, including refinishing the driveway with a per- to high water lines, monuments, neighboring prop- manent hard surface, installing entrance pillars and erdes and other landmarks. On October 28, 1990, landscaping the driveway with evergreens on both defendant Neda Young and her late husband pur- sides. According to Mrs. Young, they agreed to do chased the four-acre tract from Donald and Joan so once construction of their new home was com- Brawn Diamond, who had themselves acquired the pleted, but ***659 **651 were delayed by Mr. property from the Browns in 1969. The Youngs' Young's death in March 1994 and poor weather deed referenced all the foregoing easements. conditions. The tennis court was completed in May 1994. The Youngs purchased the property with the inten- tion of substantially improving it by razing the One month later, on June 23, 1994, plaintiffs attor- then-existing small *447 cottage and replacing it ney sent a second letter demanding that, within 10 with a large new residence, adding an m-grotmd days, defendant improve the relocated driveway as swimming pool and building a tennis court Ac- had been agreed. Unless that were done, the letter cording to Mrs. Young, prior to commencing am- warned, his clients, at defendant's expense, would struction she and her husband met with their neigh- "proceed in putting the driveway back where it was bins to discuss their plans. Allegedly, neither the originally," despite the destruction of the tennis Katzes nor the widowed Mrs. Jaffe voiced any ob- court, which stood in the way. Defendant alleges jection-indeed, Mrs. Jaffe gave verbal consent tothat, in addition, plaintiff soon after demanded that the renovations, including relocation of the exiatinp she pay him $60,000, which she refused. Plaintiff driveway in order—tom or a tenors denies this assertion. court.In August 1992,Mrs.Jaffe died. The battle escalated even further when, on February Construction of the Youngs' residence, including 1, 1995, plaintiff filed suit seeking a declaration of their own separate entryway, from South Ferry Road the parties' rights *448 regarding the easement and to their new home, started in the spring of 1993, a permanent injunction compelling defendant to re- Later that year, in November or December, they move the tennis court and return the driveway to its began building their tennis court, which was partly original location. Defendant alleges that, at this situated in the path of the main driveway. Con- time, construction of her home-including its new ®2008 Thomson Reuters/West,No Claim to Orig.US Gov.Works. htr„-//\1M117 111aC410vr rr70 nn C..,.A_TfR`A A r n n IA n b-nnn 10/02/2008 15:58 631727?�1• FOSTER & VANDENIGH PAGE 08/12 Page 4 of 8 705 N.E.2d 649 Page 4 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y.Slip Op.09254 entryway-had not yet been completed, and the cont- the driveway for 37 years without objection by the bination of weather and the pending litigation servient tenement fixed its location, and as such, its delayed finishing the relocated driveway in accord- course could not be changed without consent The ance with the agreed-upon teems. Defendant Appellate Division noted, moreover, that summary answered the complaint with nine affirmative de- judgment was proper because plaintiff established Tenses and three counterolaims.' Plaintiff that he did not *449 consent to the relocation and moved for partial summary judgment, seeking a de- defendant failed to proffer evidence raising an issue claration of his rights and dismissal of defendant's of factm13 We now reverse. affirmative defenses and counterclaims. Tn opposi- tion, defendant submitted affidavits of herself, her FN3. To complete the procedural picture: son and bis friend attesting to Mrs. Jaffe's consent the trial court severed defendant's counter- to the driveway relocation, claims regarding removal of utility wires and destruction of trees and plaintiffs FN2. Defendant sought reconstruction of second through sixth causes of action. the 1956 deed from the Browns to the Only the easement issue was appealed; de- Jaffes to reflect mutual mistake, inasmuch fendant's stay of the trial court orders re- al that deed did not contain the same mains in effect during pendency of the ap- "relocation provision" found in the deed to peal. This Court granted leave to appeal the Katzen. She also sought a permanent that portion of the Appellate Division or- injunction compelling plaintiff to remove der affirming the declaration that the right his utility wires and related paraphernalia of way could not be moved, and dismissed from defendant's property as any easement as nonfmal the portion of the order affirm- which existed was only for purposes of in. in& enforcement of the declaration (91 gross and egress, and $50,000 in damages N.Y.2d 953, 671 N.Y.S.2d 712, 694 for plaintiffs destruction of certain trees N.E.2d 880)_ on her property. Ti. Supreme Court granted plaintiffs motion for partial summary judgment and dismissed defendant's (1) Analysis begins with a timeless first principle in counterclaim for reformation, holding that plaintiff the law of easements, articulated by this Court in had an easement over defendant's property which Bakeman Y. Talbot, 31 N.Y. 366 in 1865 and m- defendant had no right to move and that CPLR cently reasserted with equal vigor in Dowd v. Ahr, 4519 (the Dead Man's Statute) precluded any testi- 78 N.Y2d 469, 577 N.Y.S.2d 198, 583 N.E.2d mony regarding Mrs. Jaffe's alleged oral consent. 911: express easements are defined by the intent, The court found as a matter of law that "since the or object,of the parties. location of the subject easement remained fixed for at least thirty-seven (37) years (from 1956-1993) it ***660 [21 **652 While we have not previously could not be relocated without plaintiffs consent" considered the particular question now before us, Plaintiff then sought an order compelling defendant we have several times passed upon questions in- to restore the driveway to its original condition or volving the type of easement at issue-a right of allow him to complete the restoration at defendant's way. As a rule, where the intention in granting an expense-relief the court granted, easement is to afford only a right of ingress and egress, it is the right of passage, and not any right For much the same reason the Appellate Division in a physical passageway itself, that is granted to affirmed: although the location of the easement was the easement holder (Bakemon v. Talbot 31 N.Y., not specified in the 1956 deed that created it use of at 371, supra; Grgfion v. Moir, 130 N.Y. 465, ®2008 Thomson Reuters/Wcst No Claim to Orig.US Gov.Works. http://web2.Westlaw.cont/prindprintstre=.asnx?�SDlit&=—V&WR.09&nrR=N'T'k4T.Fw vndr)An9 10/02/2008 15:58 63172777dl FOSTER & VANDENWH PAGE 09/12 Page 5 of 8 705 N.E.2d 649 Page 5 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657, 1998 N.Y.Slip Op.09254 470.472, 29 N.E. 974 [easement granting `right of mens.^"' That has not, however, been the unan- way through and over the carriage or alley-way in imous view of lower courts in New York (compare, the rear of the * * * premises" held not to be a te- Van Look v. Malone, 92 A.D.2d 964, 460 N.Y.S.2d servation of the "alley itself' but only "the right of 654 [landowner could relocate right of way where way over the alley-way or carriage-way"] ). As this easement granted was "the right of ingress and Court observed more than a century ago, egress * * * over a route now used * * * or one hereinafter designated to be used"]; Clements v_ " `A right of way along a private road belonging to Schultz, 200 A.D.2d 11, 13, 612 N.Y.S.2d 726 another person does not give the [easement holder] [landowners could not unilaterally relocate ease- a right that the road shall be in no respect altered or ment by constructing roadway where easement the width decreased, for his right * * Or is merely a granted "free use of the present roadway, or any right to pass with the convenience to which he has other roadway to be constructed"); Quima Doro- been accustomed.' " (Grafton v. Moir, 130 N.Y., at tela, Ltd v. Wagner, 141 A.D.2d 711, 713, 529 472, 29 N.E. 974,supra [quoting Goddard, Ease- N.Y.S.2d 581 [landowner entitled to relocate right mens, at 332]; see also, Herman v, Roberts, 119 of way where grant did not contain "detailed di- N.Y.37,42,23 N.E.442.) meneional specifications" and new route did not ad- versely impact easement holder's rights)). [3] Thus, in the absence of a demonstrated intent to provide otherwise, a landowner burdened by an ex- FN4. See generally, Bruce and Ely, Ease- press easement of ingress and egress may narrow it, mens and Licenses in Land ¶ 7.05; Davis cover it over, gate it or fence it off, so long as the v. Brak, 411 A.2d 660(Me); Edgell v. Div- easement holder's right of passage is not impaired ver, 402 A2d 395 (De)); Hollosy v. Ger. (see, e.g., Dalton v. Levy, 258 N.Y. 161, 1.67, 179 shkowitz, 88 Ohio App. 198, 98 N.E.2d N.E. 371 [narrowing of a right of way by construe- 314; but sec Ogden v. Bankston, 398 tion of a building on it]; *450Graflon v. Mair, 130 So.2d 1037 (La) (landowner entitled to re- N.Y., at 471-473, 29 N.E. 974,supra [covering over locate where original location prevented of alleyway]; Andrews v. Cohen, 221 N.Y. 148, most advantageous subdivision of servient 155, 116 N.E. 862 [covering over of passageway]; estate and easement holder was afforded Brill v. Brill, 108 N.Y. 511, 516-517, 15 N.E. 538 equally convenient access); Mackin v. [fences and gates]; Cunningham Y. Fitzgerald, 138 Mackin, 186 Corm. 185, 439 A.2d 1086 N.Y. 165, 171, 33 N.E. 840 [changing street grade (easement holder entitled to nominal dam- impaired access, and therefore required easement ages only where relocation resulted in min- holder's consent] ). As a matter of policy, affording imal inconvenience). Elsewhere, courts the landowner this unilateral, but limited, authority have recognized their own power to com- to alter a right of way strikes a balance between the pel relocation, in the interests of justice, landowners right to use and enjoy the property and where the change did not substantially in- the easement holder's right of ingress and egress terfere with the easement holders use and (see, Paine v. Chandler, 134 N.Y. 385, 391; , 32 enjoyment of the right of way. See. Soder- N.E. 18 5 Warren's Weed, New York Real Prop- berg v. Weisel, 455 Pa.Super. 158, 687 etty,Easements, § 1.01[21[4th ed.]). A.2d 839; Kline v. Bernardn,ille Assn., 267 N.7.Super.473,631 A.2d 1263. While enjoying a limited right to narrow, cover, gate and fence off such easements, can a landowner Easement relocation questions that have previously similarly relocate a right of way without the ease- reached this Court presented materially different ment holders consent? Other jurisdictions have factual situations. First, as exemplified by Dowd v. broadly required consent to the relocation of ease- 0 2008 Thomson Reuters/Wcst.No Claim to Orig.US Gov.Works. htm•//wvh9.xrocflo.+, 11o nno___�TV�%er r . nv .1+ 10/02/2008 15:58 63172761 FOSTER & VANDEVGH PAGE 10/12 Page 6 of 8 705 N.E.2d 649 Page 6 92 N.Y.2d 443,705 N.E.2d 649,682 N.Y.S.2d 657,1998 N.Y.Slip Op,09254 Ahr, 78 N.Y.2d 469, 577 N_Y.S_2d 198, 583 N.E.2d reasons, however, do not justify denying a 911, supra and *451 Owhank v. Lake Shire & landowner's (or "servient owner's") limited autbor- Mieh. SRR Co„ 71 N.Y.194, our prior relocation ity to move an unlocated right of way. Indeed, re- cases ***661 **653 have not concerned rights of cognizing that authority likely increases the value way. Rather, the easement holder in those cases of the servient estate, and encourages the landown- was given the right to build a structure-a dock in er to make improvements. Moreover, because a one instance, a pipeline in the other-on the landowner's authority to relocate a right of way landowner's property. Unlike the right of way now without consent is limited-in that relocation may at issue, those easements could not be enjoyed un- not impair the easement holder's rights-both parties less and until their locations were fixed on the have an incentive to resolve any dispute prior to re• landowner's property (see, Dowd v Ahr, 78 N.Y.2d, location. The easement bolder has an interest in in- at 473, 577 N.Y.S.2d 198, 583 N.E.2d 911, supra fluencing the landowner's choice of a new location, [express grant to build a dock at "a point [to be] and the landowner will want to avoid the risk and designated" by the grantor]; � Onthank v. Lake cost of allowing a court to make an *452 after- Shore & Mick SRR. Co., 71 N.Y., at 197,wpra the-fact determination as to the propriety of the re- [once the pipe was laid, the easement location be. location. came fixed]; see also, Evangelical Lutheran St. John's Orphan Home Y. Buffalo Hydraulic Assn., 64 Recognition of a relocation right in landowners N.Y. 561 [easement for damj ). By contrast, enjoy- raises its own policy concerns: that landowners ment of an undefined right of ingress and egress (whose purchase price reflected the existence of the over the land of another does not require any fixed easement) will receive a windfall, that easement occupancy of the landowner's premises. holders may be rendered vulnerable to harassment by the landowner and that the settled expectations FN5. In Dowd, moreover, the Court noted of the easement holder will be disrupted (see Davis that the landowner could have achieved its v. Bruk, 411 A.2d 660 [Me.], supra; Note, The objective in the enjoyment and develop- Right of Owners of Servient Estates to Relocate ment of its property without demolishing EasemeM,r Unilaterally, 109 Harv.L.Rev. 1693 and relocating the easement holders' dock [1996]; But see, Note, Balancing the Equities: Is (78 N.Y_2d, at 474, 577 N.Y.s.2d 198, 583 Missouri Adopting a Progressive Rule for Reloea- N.E.2d 911,supra). tion of Easements?, 61 Mo.L.Rev. 1039 [1996] ). We conclude, however, that these concerns are ad- The second category of cases to reach this Court in- equately addressed by the limitation that a volved relocation attempts by the easement bolder, landowner may not unilaterally change a right of not-as in the present case-by the landowner (see, way if that change impairs enjoyment of the ease Onthank v. Lake Shore & Mich. S.R.R. Co., 71 ment boldees rights (see, Grafton v. Moir, 130 NX-194, supra; Evangelical Lutheran St. Johns N.Y., at 473, 29 N.E. 974, s77pra [coverage that so Orphan Home v. Buffalo Hydraulic Assn., 64 N.Y. darkens the passageway as to make travel uncom- 561,supra).That,too,is a significant distinction. fortable interferes with reasonable enjoyment of easement]; Dalton v. Lew, 258 N.Y., at 167, 179 Traditionally, reasons given for denying easement N.E. 371, supra; Andrews v. Cohen, 221 N,Y.. at holders the right to make changes in location are 155, 116 N.E_ 862, supra; Brill v. Brill, 108 N.Y., that "treating the location as variable would depre- at 516, 15 N.E. 538, supra; Cunningham v. ride the value of the servient estate, discourage its Fitzgerald, 138 N.Y.,at 171,33 N.E. 840,supra). improvement, and incite litigation" (]restatement [Third) of Property [Servitudes], Tentative Draft (4) Thus, based on our precedents and their under- No, nderNo. 4, § 4.8[3], comment f). Those same policy 0 2008 Thomson Reuters/West.No Claim to Orig.US Gov. Works. htm•//p/pt�7txrccFla,wrrnm/rrinr/rnti»?cr,.na... eo�v7mTC�lifAr�nvS77Tit79110P... P U'rrRrC0. n/�nMnno 10/02/2008 15:58 631727,61 FOSTER 8 VANDE*GH PAGE 11/12 Page 7 of 8 705 N.E.2d 649 page 7 92 N.Y.2d 443,705 N.E.2d 649,632 N.Y.S.2d 657, 1998 N-Y,Slip Op.09254 lying policy considerations, we conclude that-as in the words they used in creating the easement here, the easement alteration cases-a balancing test is the deed conveyed to the Jaffar a right to 'Tie per- also appropriate as to relocation of an undefined petual use, in common with otters, of [Mr. right of way. In the absence of a demonstrated in- Brown's] main driveway, running in a generally tent to provide otherwise, a landowner, consonant southwesterly direction between South Ferry Road with the beneficial use and development of its prop, and [Mr. Brown's] residence premises." Under the arty, can move that right of way, so long as the terms of that grant, the Jaffes secured the right of landowner bears the expense of the relocation, and convenient passage to and from their property, so long as the change does not frustrate the parties' while the Browns retained the right to use their intent or object in ***662 **654 creating the right property as they saw fit, so long as it did not inter- of way, does not increase the burden on the ease- fere with the right of passage grunted (see, 5 War- ment bolder, and does not significantly lessen the ran's Weed, New York Real Property, Easements, § utility of the right of way (see, Restatement [Third] 1.01[23[4th ed.] }. of Property [Servitudes], Tentative Draft No. 4, § 4.8[31). The decd, however, does not reflect an intent to deny Mr. Brown the right ever to relocate the "main [5] Given that a landowner is not, as a matter of driveway"to his house in order to accommodate the law, precluded from relocating such an easement of grantees' right of ingress and egress to their adjoin-- .. ingress and egress in the fust instance, it follows ing premises. Indeed, the indefinite description of that the easement holder's continued use of the ac- the right of way suggests the opposite-namely, that cess-without more-does not itself alter that right the parties intended to allow for relocation by th (see, e.g., Peabody v. Chandler, 42 App.Div. 384, landowner. Notably, the parties themselves in the 59 N.Y.S. 240 [use of pathway for 13 years did not same deed described two additional easements by fix the location of an easement granting general explicit reference to metes and bounds. Had they right of way] ). Mere use of a particular path in ac- intended the right of way to be forever fixed in its cordance with an explicit tight to do so is neither location, presumably they would have delineated it hostile nor adverse. Thus, continued usage of that in similar fashion. Moreover, if by "main drive- same path •453 does not in and of itself fix an oth- way" they meant to perpetuate the driveway then in erwise undefined location so as to enlarge the in. existence, the additional specification found in the terest of the easement holder or reduce the interest deeVruuting in a generally southwesterly dirce- of the landowner. tion between South Ferry Road and [Mr_ Brown's] residence premises"-would have been superfluous. III. The provision manifests an intention to grant a right of passage over the driveway-wherever located-so Applying these principles to the facts at hand, we long as it meets the general directional sweep of the must first determine whether, in the 1956 Brown- existing driveway (see, e.g., Matter oir City of New Jaffe deed, it was the intention of the parties, in cre- York[West Tenth St.], 267 N.Y. 212, 221, 196 N.E. ating the right of way that plaintiff now enjoys, to 30 *454 [easement with "high-water line" as a deny the landowner's right ever to relocate his main boundary was not fixed at high-water line that exis- driveway without the easement holder's consent. If ted at the time of the grant, but rather, at"such line no such indent is to be found-as we conclude-then wherever it might thereafter be located"]; Laaimer defendant may relocate the right of way so long as v. Sokolowski, 31 N.Y.S.2d 880, 881 [easement plaintiffs right is not impaired. granting right of way across property from the [6][7] The search for the parties' intent begins withhighway to a particular lot "as the same is now ®2008 Thomson Reuters/West.No Claim to Ooig.US Gov.Works. htfn'//weh7.wtptlawromhwi»ttnrintot ao v7mr_c t:.v. _trntironnP..._a xrrxxrr.0. nnAnnAO 10/02/2008 15:58 6317271 FOSTER & VANDENWGH PAGE 12/12 Page 8 of 8 705 N.E.2d 649 Page 8 92 N.Y.2d 443,705 N.E-2(1649,682 N.Y.S.2d 657, 1998 N.Y.Slip Op.09254 used" did not reserve a right of passage over the two lanes then in existence but granted a right of way reasonably necessary and convenient for the purpose for which it was created.]). [8] When-as here-the language of a grant does not itself reveal an intent to preclude the landowner's right to relocate the right of way, consideration must also be given to circumstances surrounding the conveyance, including the conduct of the parties both prior and subsequent to the grant (Bakeman Y. Taliwt, 31 N.Y., at 368, supra; Wilson v. Ford, 209 N.Y. 186, 196, 1.02 N.E. 614,rearg. denied***663••6.55209 N.Y. 565, 103 N.E. 1135; Onthank v. Lake Shore & Mich ,SR.R. Co., 71 N.Y., at 197AWa ). Here, however, nothing in the conduct of the patties or other surrounding cir- cumstances indicates an intent to deny the landown. ces right to relocate the driveway. Thus, the only remaining fact question is whether the relocation impairs or dimieisbes plaintiffs right of ingress and egress. Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this opinion. Judges BELLACOSA, SMITH, LEVINE, CIPARICK,and WESLEY concur. Order,insofar as appealed from,reversed,etc. N.Y.,1998. Lewis Y.Young 92 N.Y.2d 443, 705 N.E.2d 649, 682 N,Y.S.2d 657, 1998 N.X.Slip Op.09254 END OF DOCUMENT ®2008 Thomson Reuters/Wcst.No Claim to Orig.US Gov.Works. htW://Web2.westlaw.com/nt9nt/Drintgream.ngm?cv=Rnlitk"r WT WR r19k,,,A=Ia'rnm rk onAnnnQ • WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Tuesday, September 2, 2008 4:30 p.m. 4:30 p.m. Site Plans & Subdivisions Site Plans SCTM#: 1000-102 Project name: The Heritage at Cutchogue -1-33.3 .... Location: at the intersection of Schoolhouse Lane and Gaffing St. in Cutchogue Description: construct a 139 unit condominium complex Status: waiting for revised DEIS Recommendations: no action to be taken; review site plan application to re-familiarize the Planning Board with the details I Attachments: None Subdivisions Project-name: Sutton SCTM#: 1000-78-9-54 Location: North Bayview Road, Southold Description: This is for a standard subdivision of a 2.444 acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000-78-09-78. The lots have been previously merged. The zoning is R-40. Lot 1 would be 61,899 square feet and proposed Lot 2 would be 44,587 sq. ft. Status: Lot Line Modification — applied for Recommendations: await outcome of ROW Issues — proceed with lot line modification request Attachments: letter to agent / �6 Project name: Blue Heron Farm and Preserve SCTM#: 1000-75-6-6.1 Location: Peconic, 44030 Main Road (South side) Description: This is a standard subdivision proposing to create 4 lots from a 24.2 acre parcel. There is a 6 lot yield. 3 lots are proposed for building single family', dwellings and the 4th lot is proposed as open space. Zone: A-C Status: Sketch Approval stage Recommendations: request up-dated ERSAP reflecting significant trees, DEC designations, viewshed analysis Attachments: letter to applicant reflecting above requests Project name: Smith, Thornton/Hazel's Woods SCTM#: 1000-123-06-91 123-06- 23 Location: The property is located east of Camp Mineola Road and north of Private Road in Mattituck. Description: This proposal is to subdivide an 8.46 acre parcel into 5 lots. Zone: R-80 Status: Sketch Approval stage Recommendations: request new maps for conditional sketch approval: consider granting conditional sketch on Sept.8 if all info needed is rec'd in time Attachments: Staff Report detailing further requests of new maps for conditional sketch ''. approval _Cl.— P.O. Box 1179 54375 Route 25 —Town Hall Annex Southold Town Southold, NY 11971 Phone: (631) 765-1938 PlanningBoard Fax: (631) 765-3136 To: ►���G�IAf�C� �rl From: Fax: �7/ ( � Pages: Including cover Phone: 6., I � �// Date: Rem tI1� , �b� L,'tiQ l Ve✓`� CC: Urgent For Review Please Comment Please Reply �Request • MAILING ADDRESS: PLANNING BOARD MEMBERS OF SOOT P.O. Box 1179 JERILYN B.WOODHOUSE O�\` y�l Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ^p�� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �l'`COUNT�a Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 27, 2008 Mr. Richard W. Vandenburgh 220 Roanoke Avenue Second Floor Riverhead, New York 11901 Re: Sutton Subdivision North Bayview Road, Southold, New York SCTM#1000-78-09-54 and 1000-78-09-78 Dear Mr. Vandenburgh, This letter is to confirm, as per our telephone conversation on August 20th, 2008, that the above referenced property may proceed as a lot line change versus a subdivision as originally applied for. After conferring with the Southold Town Attorney's office, because this application is not creating any new lots, but instead re-creating two lots differently configured from an existing two lots, a lot line change would be the more applicable process. However, prior to proceeding with the lot line change application, the issue of the existing right-of-way on Lot 2, SCTM# 1000-78-09-78 needs to be resolved. A legal description of this right-of-way must be provided to the Planning Board to include a deeded description of the easement as well as any description as to exact location, width and where the easement originates from. Once this information has been established, a revised calculation for the yield of each lot must be done, either including or excluding all or a portion of the right-of-way. I have enclosed a copy of a Lot Line Change application for you to re-submit for the above referenced property. Lastly, this letter is to also confirm that you have been scheduled for the September 2, 2008 Planning Board Work Session to review this application. 0 0 If you have any further questions, please do not hesitate to contact me. Thank you. Sincerely, Tamara S. Sadoo Planner Town of Southold Southold Town Annex 54375 State Route 25 PO Box 1179 Southold, NY 11971-0959 Telephone: (631) 765-1938 - - ------ .- ------. ------ - Project name: 1 Roelli at Cutchogue00-97-3-3.1 & 6.1 (co fined with a subdivision for a lot line chance) Location. Located on the s/e/s of NYS Road 25 approximately 469' w of Bay Avenue known as 36,660 Main Road in Cutchogue. - - -- ----- - --- -------- -..-. --............ Description: This site plan is for the demolition of 3,999 sq.ft. of existing contractors / storage buildings and New Construction of three (3) Buildings that total 12,400 sq.ft. of contractors, retail (shop) & warehouse storage use where the Principal Use Building 1 = 6,000 sq.ft., Principal Use Building 2 = 2,800 sq.ft., Principal Use Building 3 = 3,600 sq.ft. on a 63,338 sq. ft. parcel in the Limited Business (LB) Zoning District Status Resubmitted new site_plan application with a lot line change -._.__ -- - - -- Recommendations ':. ..---- - .... . . -- - -- _.......... ...___.. --------------------------- ..-.-...... Attachments: Project name: James A. Neumann - Standard SCTM# 1000-107-1-1.1 and 1.2 Subdivision -- ---...-.- -.-...... . -..-.-...- Locatiorr I Mattituck -- -.-. ----._......... ---- -- ............ Description: This proposal is to create a total of 5 lots where one lot already exists with a three-story structure and fame shed.(1 pre-existing lot, 4 new lots) from a 24.9 acre parcel bordering Mattituck Creek in the R-80 zone. I Yield allows for 9 lots. Status: Sketch Approval -Application, EAF,TWRP, Deed, Sketch Plan and Fee submitted July 9, 2008 __. ............... ....----------- --- _............................................... ............. Recommendations: . -------------------- ------------------ --- ------- _---- ---.._-------- Attachments: .-.. . . - ---- ___.._.-. _................... - Project name: Alexander& Tracy Sutton i SCTM# ! 1000-78-09-54 &78 Standard Subdivision and Lot Line Change - - ._ - ----- _.... ......... ................ Location: .......-- -----_. __.-..-_ .. . -- -------- ------------- ------------- - .-.. _. . - -- --- --_............. .. Description: Standard subdivision to create 2 parcels from a 2.44 acre lot. Proposed parcel #1 would be 61,899 sq ft and proposed lot#2 would be 44,587 sq ft. The Zone is R-40 Status: i Sketch approval. Lot line done only by deed - not through TOS Planning. ....... .. . ...... ................. .....-. Recommendations: ; Do lot line change concurrently with sub-division. Items missing from n: applicatio _ .. - _... Attachments: .....- - - (7/ M7 FOSTER & VANDENBURGH�C.LP Lust � ATTORNEYS AT LAW 220 ROANOKE AVENUE SECOND FLOOR RIVERHEAD, NEW YORK 11901 FREDERIC C. FOSTER (631) 727-7731 4 MONTAUK HIGHWAY RICHARD W. VANDENBURGH* FAX (631) 727-7741 WESTHAMPTON, NEW YORK 11977 ---- EMAIL:INFO®FOSTERVANDENBURGH.NET (631) 288-5550 ZACHARY IRTAZA RIYAZ FAX (631) 288-0286 TAYA N. WILLIAMS** *ADMITTED IN NY& NJ OF COUNSEL **ADMITTED IN NY&CT April 30, 2008 JILL R. PLOSKY Planning Board Office Town of Southold -- 4 P.O. Box 1179 Southold, New York 11971 1 Re: Sutton Subdivision MA i L G 2008 North Bayview Road, Southold, New or SCTM #: 1000-78-09-54 and 1000-78-09-78 I L_7_77:3 Dear Madam/Sir: ----" .#(i Enclosed please find the following relative to the above-referenced rildtTer - "" 1. Sketch Plan Application dated April 28, 2008. 2. Authorization Letter signed by the property owners and notarized. 3. Copy of deeds for SCTM#: 1000-78-09-54 and SCTM #: 1000-78-09-78 4. Part I. of the Environmental Assessment Form. 5. Application Fee of$1,750.00. 6. Five (5) copies of the ERSAP map. \ ��,� b ujV%_ a^ 7. Five (5) copies of the Yield Sketch Map. / _ LAS- i F- Yd1A Please review this information for the purpose of having the application brought before planning board for approval. Ltruly urs, JAHRD W. ANDENBUR H RWV:eak Encls. O:%User_Dat\Sutton,Alexander)Subdivision\LtrPlanningBoard4-22-08.doc Town of Southold Planning Department Staff Report Subdivisions 1. Application Information Project Title: Sutton -Standard Subdivision Map Prepared By Nathan Taft Corwin III, LS Date of Map: June 15, 2007 Date of Submission: May 28. 2008 Applicant:Alexander and Tracy Sutton Tax Map Number: 1000-78-09-54, 1000-78-09-78 Project Location: See attached tax map and aerial photograph Hamlet: Southold Zoning District: R-40 11. Description of.Proiect Type of Application: Subdivision Type of Subdivision: Standard Subdivision Acreage of Proiect Site: 2.44 acres Yield Map or Calculation: Number of Lots Proposed: 2 Acres of Open Space/Reserved Area: None Percentage of Open Space/Reserved Area (see attached calculation): 0% Type of Access Provided: TBD Length of Access: various III. Site Analysis SEOR Type of Action: Unlisted Present Land Use: Meadow/Brushland/Wooded - Non-agricultural Existing Structures: Current dwelling and frame shed on proposed Lot#1 Existing Permits, Approvals. CO's. etc: ? Was Property Previously Subdivided: Nolf Yes Date of Approval: NA Existing Easements or Restrictions: TBD Soil Type: Mixed Sand and Loam Brown Clayey Sand (SC). Pale Brown Fine Sand (SP). Pale Brown Silty Sand (SM). Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: Significant Trees on Site: 8 trees with DBH >_18" Percentage of Slopes: 0-10% Name of Abutting Water Body: NA Critical Environmental Area: No r • Type of Wetlands on or Adjacent to Site: None Are There Trails on Site: No Name of Trail: n/a Depth to Water Table: test hole data provided did not hit water Distance to Public Water: Public Water on Victoria Drive and Liberty Lane. Distance TBD. Source of Water Supply: SCWA Number of Access Points: Historical or Archaeologcal Significance: N/A IV: Permits and/or Review Required From Other Agencies This project will require review and/or approval from the Suffolk County Department of Health Services, the Town Engineer, and the Suffolk County Planning Commission. V: Project Analysis This proposal is to subdivide a total of 2.44 acres into 2 lots; where proposed Lot 1 equals 61,899 square feet and proposed Lot 2 equals 44,587 square feet in the R-40 zoning district. VI: Staff Recommendations 1. Application is incomplete: a. A yield plan must be submitted b. The following for an ERSAP need to be submitted: (c) Water resources: [3] Municipal water supply watershed areas. (e) Areas legally protected by the County of Suffolk, the Town of Southold, private trusts, qualified conservation organizations or other entities or agencies as shown on the Town of Southold Protected Lands Map, including all abutting parcels. (f) Vegetative types described by plant community, relative age and condition on the property according to: [1] General cover type, including cultivated land, permanent grass land, old field, hedgerow, woodland and wetland. (i) Scenic viewsheds and special features: [1] Sites bordering designated state, County or Town scenic byways and corridors special features identified in the Town's Comprehensive Plan and all subsequent updates. [2] A viewshed analysis showing the location and extent of views into the property from public lands, roads and from public parks, public forests, and state game lands. (j) Locations and dimensions of all existing public and private streets, roads, buildings, utilities and other man-made improvements. (k) Locations of all archeological and historically significant sites or structures of national, state or local significance on the tract or on any abutting tract. (1) Locations of trails in current use or of historic use (pedestrian, equestrian, bicycle, etc.) or those proposed on the Town of Southold Trail Map. (m) All easements and other encumbrances affecting the parcel filed with the Suffolk County Clerk's Office. (n) Agricultural lands. [1] Location and delineation of any active agriculture operation, active farmland within a New York State certified Agricultural District, lands within 2,000 feet of a New York State certified Agricultural District, or soils classified and mapped as Suffolk County and State Prime Farmland Mapping Units, of the New York State Soil Classification System or areas legally protected by the County of Suffolk, the Town of Southold, private trusts or other entities or agencies. [2] Areas identified in the Southold Town Farm and Farmland Protection Strategy 2000 and in the most current version of the Southold Town Farmland Inventory. (o) Location of community water and/or sewer; whether available or planned. (s) If the application applies to real property within 500 feet of any of the following, the location of: [1] The boundary of any city, village or Town; [2] The boundary of any existing or proposed county or state park or other recreation area; [3] The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; [4] The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or [5] The existing or proposed boundary of any county or state owned land on which a public building or institution is situated. 2. A Sketch Plan with the following map changes: a. Change title to read "Standard Subdivision of Alexander and Tracy Sutton" b. Change map scale to 1"=100' 3. The submittal of the Coastal Consistency Form. 06/16/2009 11:05 FAX 6318535905 S. C. DIV. REAL ESTATE Q001 CHRISTO/NCR K. KENT STEVE LEVY SON DIRtOTOR •YFFOLK COUNTY RRECuT1YE CARRIC MEEK GALLAOHER COMNIff10NRR DEPARTMENT OF ENVIRONMENT AND ENERGY *1VI61ON OF RSAL PROPERTY ACOWfITION AND N WMWnC"r TELEFAX MERSri FAX 1631-853-5590/5/ / TO: G�� 1 /titan a f/bufh=(� i� 41 N FROM: d�%S >�O�7a c c I DATE: Gf vt ¢ / goo .. ,�.� SUBJECT: /Coo — 0 78 O � - O 7e .............. Number of pages (Widuding cover S' hW) It all pages are 1101 rQCWwd, please call 831.853- 5-174/- 2--- COMMENTS: TFIE DOCUMENTS K:CW.IPANYINO TM$MESSAGE ARE Off& ED FOR THE USE OF THIi .ENTITY TO WMCN IT IS ADQRESSEp ONLY Arm KW�WUAL OR MAY CONTAIN INFORMATION THAT IS PRNUGM, CONFIDENTIAL AND EXEMPT FRCIM d5CLOSURE UNDER MKM49LC LAW. IF THE READER OF TMS UIESSArA IS. NOT THE WTENDEO RECIPIENT OR THE EMPLOYEE OR AGENT M PONWLE FOR OEEWIMNO THE MESSAGE TO THE INTENDED RECIPIENT. YOU ARE FlgfEeY NM-IED THAT ANY DISCLOSURE. DISSEIANATIDN, DISTRIBUTION OR COPYING OF THE COUNK MCATICN IS 97AICTLY.., . J1e1lED. :::YA1u;wevF_f EnfEQLM&wSlAlydkJleeATreN :1!♦ R 'PF iEE`lE3fi�M`t y.. �lE`LY BY TEIE'h10f1E,AND RETURN THE ORIGMIAL MESSAGE TO US AT THE 99-LOW ADOMS VIA THE U.S.POSTAL SERVICE. THANK you. 6LwT10N . LRE 06NNISON SLOG. •!`•FLOON MAKING•0011[66 JY vl7rN�Ni N6a1pNMl P.O. 60! 6100 14!11 6!!•!!OO HAUPPAUO6• N► 11760•0099 FA!11111 6fL:220 FA! 16311 6!l-S60! 06/16/2009 11:05 FAX. 6318535905 S. C DIV. REAL ESTATE IM003 r4 STEVE LEVY MICHAEL J.CEERiNG SUFFOLK COUNTY EXBOUTIVE COMMISSIONER DEPARTMENT or,ENVIRONMENT AND PATFIC14 e.aa1.ENsm ENERGY DIV18IONINAM OR -„.e.._.—..... OIVIMN OF REAL PROPERY AQQNISTON AND W NADENENT 06<M-o6 Town of So UN0 Attn:Mr.Gregory YakaboskV Atty, 53095 Main Rd.P.O.BOX 1179 . Southold NY 11971 1000.07800-0900-074000 Constituent•RgGueSW Direct Sale of County Ovmed Property Tax Map Number: 1000 078.00 09.00 078.000 DeNu Town Southold Attn:Mr,Gregory Yakab We are in'Weipt Of a ragwst for a direct sale of the above-referenced pamal If: 1• The Parcel I$not needed by any C”Agency or tidier Grnremmerefal Purpose:AND Agency for govemeent 2- The Planning Departlymm hes no ob)ecti0mo tts el d salAN 3• The petrel valued by our Drvrsbn D at less than e;520,000;AND 4. It hes been in pea County's Inventory for over three(3)years(If Originally acquired by mx deed);AND S. Our ns Of Director for sal a direct sale of sold paroal,then we will attempt to notify all adjoining owners of its eligiblily for sale-subject to Lagisladve Approval. If you have any questions,please contact Ine undersigned. CERTIFIFF) MAIL RECEIPT . E.mnplefe items 1,2,and 3.Also Complet0 A Delivery 16 p�' p g p ■ PrIM your+ on fired. OFF A � � @ , W S i ttac�h this��la�badc�of�� EL or On the f nt if apace permllir. i e Qerllllea fw Artlole Atl71eeeed TO' /� D. fs atldlem d rahmplic-&Fm Pmtr /QIL✓A� d� �J DJ�r^wL. ] RYES.Orlter de rl.,edy� Y 116 lsmlPMUOaP.e. $ Sr�d 9.f f'S_ TWO cry WIRVE W---�ris� _ L3 P4gMww ru= j9�E !�'— v. IfiY //79 � c ban Cl� " " — 'rt " drfj�G N•/ ��971 4. ra�N+�aneo > moos . fd✓T Gr a Amale t✓1 mber P ❑Yea ?' '"tl"16A 1�+ 7006 OZ00 0002 6699 7706 PS Form 3811,—RbM ry 2004 r..,.... DnRleslls Retum Rewe 06/16/2009 11:05 FAX 6318535905 S. C. DIV. REAL ESTATE 2002 ROBERTJ. GAFRNrf SUPFOUc COUNTY WCIRIV5 GHIiISTINE D-COSI'IGAN D WN D"CTOR OEPAfZ14ENT OF PLANNING WSONOFeIALERAIE 31-►ul.02 YSOLdhM Attie Mr.GmM bww Atty. 69096 Maln Rd,P.O.Bast 1179 Scuftld NY 11971 1000 07gpp,OB00.Oy40pp VIA 08MMeD MAIL le RE.Proposed Direct Sale of Clbwto F4W EMM Tax Map Nur dw, 1000 078M 09.00 07g-000 Mi fturn Bid Amount 34 200.00 Dear Town Of Sillahcld Aum Mram ty Yaju, Parcel fora a of MW whkh wabaW� eels at pamel used m lila OOinet91xopariy oesrere are Dean I7iven�an Thts ProPerlY a wined by Bu6bat C'outtgr. mal 6 P 0PwtY pease suhmk a OPPar4ettly tH+Nr reahy undef Local es9ten hld an AOncl0sw form whin ten(10)days of ate date of th s letter, nN' Dkect Sales Unit ata NuOR�b Om"of Real Estate PO Saar ffnmw"ft 2nd Fl. 100 HaltPx 9%NY 11788-00% PLEAS¢NOTE THAT ALL BIDDING STARTS AT THE MINIMUM BID AMOUNT sraTeDABOvr BIosBIxOwTHISAMOUNrWjLLtjon'tu..� ■ Compete items 1,2,ane 3.Also complete A Received by Phase FKV ca&V B. a w.y Item 4'tf Rest&"d delivery Is desired. ■ Print your name and address on the reveres a:; c so that we can return the card t0 you. C. + ■ Attach this card to the hack of the mailplece, X ❑ t POO`°e' a or on the front it space permits.Oftfled1 �° 1. Anicte Addressed To: s rsaaent from Item 17 .! ,an%° -7C�e�n � So�x� rens taw. Q No ys g. ." , 1•.. •-•SJ�-C, �Omakll Return Pswo MI�WIerCaBndise d Inewef]C.O.D. e 2. Aransf r ftm I/ � Los _— ' (rrmMer anrn+aervks acep oQ 1 � (Q �-Y CDS 2- ! �• PS Form 3811,March 2001 Domestic FlMum Fleceipt 10269541-0r_1424 06/16/2009 11:05 FAX 6318535905 S. C. DIV. REAL ESTATE [a004 TO e53w-%5 P:2 2 -E-2902 11:398 FROMI LAW OFFIC-M WICKHAM• WICKHAM 9 BRESSLER, P c 10315 MAIN ROAO-1'.0.tlOx 1484 MATYITUCK,LONG 19LAN0 MELVILL'OFFICE NEW YORK 11952 "S BROAD F16LLOW ROAD WILLIAM WIGKNAM SUrr III ERIC J aRESSIEp MFI VII I.F Ni W YORK 11747 ASIGAILA WWKNAIe 631-898-8363 •••— - 400 4YNNL M I.40MWN TELLFAX NO- 631.2138$585 TELEFAK NO.�81�-04a^'8<Od .IoM!1 Mi d"+A AU905r 9,2002 Mr.Jim Donov= P.O.Box 6100 Hauppauge,Now York 11788-0099 proposed Direct Sale of Coaoty4)wued Real ,.state Tax Map Number l000-78-9-78 ve"Mr.Donovan. sale of y asq MCL,aughlin his&'"Aed us to reb7ond to your coalwpondewc regarding the his property. We have been advised by Chicagu'l'ide Laurance Company that this prOpertY is ling *wwt*red by a rigbt of way for access to North l3��'�any saad benef sucl l cur client's pv4aT9 and se mal other properties in the arca Pro] will be subject m such.right of way.and we tra-at that pureh bit of way dders ar! emain advised of sattte. It is important for our client load that cnes�s has lien open far pcdesttian and -vehicular traffic, S - neccmn in the per• it is possible to havO a ropy of your title mpom 111'0' apprwtat.it. Pkv advise. Very truly yours, Abigail A.Wickham All W1,611 XYCMa ewd ec. Ms.NaKey a-pwiro ♦ I it I I v I ` N f 1➢ ,- I N J > 1 Q J si I 61 N .N G N '2T.o9 .. � Z .-r--t��.'7•�"'6e NAL Ii OS I, '1 Isa ISo TAT —1 I 6 3 I 160 1D �� 0 .. l� I tom`: " ISD i Iro i GS on• I� r 69 ,O _ r '1 IU _ 1 S, 6 ri b 5 13 1... A •/`I C 5.9T 3 r Y.. d 4 911_on.44Qo 50.11 1 Y om_ 25V.4'T V ss x _ (" Vto 4E q 49 I r n 2 3 U, 0 24 �. g c - Lt 6 In UlI . -_IEC'_ Iz.e_. g•, I _Y 17c__ IzS y N N 34 M ON a o. o N 4.7 67 1sd 41 Z 2 1, , Yll M In UI1in loa �59'3o LO g. --i - -- 1 loo _ c � Ib U I, !1 .� N r 14 I - OZ — l -,_� I^s Z Izs cr = t I. 21 o es` tr '"qp < e: z V w 26 b a r 4 150.0 \1; It all 4Z_ It 100. N 10 7 A 01 o At p m y - o: la F _ N n - n s 1,10 J9 ? O N 60 Ot 4�"♦Y TI,S 19 IC - IOS _ IlO IP: "q 4 c ? N °n o 'r too 7 Its, ;lo 14 N _ N I M t 1 .J •. N644'r n. N.60.Od 49'W. A I r.1 SGd ti. AF��f?^`�fMATE 51JPf]tYI'�lYvN No-Fe LGt cai�het�Isiotls '�41oWr1 vv^;: ��roXilrlcrF,� OF , o�Iy ya S11 F�4�-�'0 �Y.Y4,1 ♦` 1ZEYDOi'1 f-� E4'C�I-iT`,,, SUYVC -FUY YCtI`..C. AT EAYVIEW r9 = YYtO rl Utlt�u'r 0 U THO1D•I- I June 14, 19=iJ Re.,15Ea MGy S, tFwsz_ APProxin, A'T< Su67ivi cion A¢c.Zl^'IO.E•+1 v^.�� -`` 11v /, 1-t l9 .tom LICer14,A_1 � �. �.I r'✓e>i �r �.-.�-.•.....�...r- Addi+("ts-H vtl Iss �sv�c,:.:� t�_y za,lm t� G`�Fe.11 P'srY��.N�w tel'C', t," 1 1 5=dard N.Y.E.T.U.Yom 8001— —Yatj m and Sak Dad,with Cavemen a`im GmtW.An idxI or sotpam.gift: ,Mep 6�j� 81 CONSULT YOUR LAWY[R S[!OR[ f16N1Ni THIS IN[TRUMINT-THIS INfTRUM[NT SHOULp RS USED By LAt�IT T iBETWEEN THIS INDENTURE,made the 1Z dayofAecx� nineteen hundred and sixty—nine, EDWARD NIDDS, residing at Main Road (no number) , Southol(3, New York 11971, I a REAL ESTATE —STA E TRANSFER TAX : .. i•! NEWnYORK : Taielion JAN23'70 ao 9Finance v;Los�s party of the first part,and I TOWN OF SOLTMIAD, a legally constituted township located W1 in the County of Suffolk, State of New York, having, ita principal office at Greenport, New Yorke 11944, \ l I \ � 1 party of the:stood part, WITNESSETH,that the party of the first part,in consideration of OTen ($10.00) -------------------------------------- lawful ------------------------------- --lawful money of the United States, ^ paid !fI by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or I successors and assigns of the party of the second part forever, +I ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, I lying and being imtlmc at Southold, Town of Southold, County of Suffolk and . ! State of New York, being all of the land lying in the bed or propose( j streets known as Victoria Drive, Liberty Lane, Colonial Road, Summit i Road, Columbia Road and Eds Road, being bounded and described, it as follows: I, BEGINNING at a point on the northerly side of Main Bayview Road II distant 1398.56 feet westerly from the cornerformed by the inter- section of, the northerly side of Main Bayview Road with the westerly jside of Jacobs Lane; running thence North 60 degrees 02 minutes 40 seconds. West, along the northerly side of Main Bayview Road, 90 feet; thence North 29 degrees 57 minutes 20 seconds East, 332 feet thence North .34 degrees 40 minutes 30 seconds West, 155.68 feet; . thence North 25 degrees 19 minutes 50 seconds East, 500 feet; thence ( blorth 45 degrees 29 minutes 50 seconds East, 29.26 feet; thence South t 68 degrees 27 minutes 10 seconds East, 429.51 feet; thence South WY , > 57 degrees 34 minutes 10 seconds Eaet, 485.97 feet; thence South 28 ^ ' degrees 41 minutes 30 seconds West, 635.22 feet? thence North 60 degrees 02 minutes 40 seconds West, 701.25 feet and thence South 29 j degrees 57 minutes 20 seconds West, 332 feet to the northerly side of Main Bayview Road and the Point or Place of BEGINNING. EXCEPTING therefrom the following described premises M' BEGINNING at a point distant 382 feet on a course .of North 29 degrees 57 minutes 20 seconds East frotq_ a point; ,on the northerly side of Main Bayview Avenue distant 1398.56 feet westerly from the corner formed by the intersection of the northerly side of Main Bay_ view Avenue with the westerly side of Jacobs Lane; running thence, North 60 degrees 02 minutes 40 seconds West, 37.65 feet? thence North 34 degrees 40 minutes 30 seconds West, 115.56 feet; thence North 25 degrees 19 minutes 50 seconds East, 45,1,13 feet; thence South. 68 ,. degrees 27 minutes 10 seconds East, 200.44 .-feet; thence South 25 disgrees .,19 minutes 50 seconds West, 530.20 feet and thence po><th 60 degrees 02 minutes 40 seconds West, 62.60 feet to the point or place of BEGINNING, . and LIBERUU U PAGE 00 . . (2) BEGINNING at a point distant North 29 degrees 57 minutes 20 seconds East, 282 feet and South 60 degrees 02 minutes 40 seconds East, 112.76 feet from a point on the northerly side of MA#ai Bayviei Road distant 1398.56 feet westerly from the corner 'formed by the intersection of the northerly aide of Main Bayview Road with the westerly aide of Jacobs Lane; running thence North 25 degrees 19 minutes 50 seconds East, 537 .56 feet; thence South 68 degrees 27 minutes 10 seconds East, 137.50 feet; thence South 57 degrees 34 minutes 10 seconds East, 133.76 feet; , thence South 28 degrees 41 minutes 30 seconds West, 550.28 feet and thence North 60 degrees 02 minutes 40 seconds West, 238.47 feet to the Point or Place of BEGINNING, and (3) BEGINNING at a point distant North 29 degrees 5.7 minutes 20 seconds East 282 feet and South 60 degrees 02 minutes 40 .13econds East, 401.24 feet from a point on the northerly side of Main Bayviel Road distant 1398.56 feet westerly from the corner formed by the intersection of the northerly side of Main Bayview Road with the westerly side of Jacobs Lane; running thence North 28 degrees 41 minutes 30 seconds East, 548.12 feet; thence South 57 degrees.. 34 minutes 10 seconds East, 250.47 feet; thence South 28 degrees : 41 minutes 30 seconds West, 537.28 feet and thence North 60 .degreas 02 minutes 40 seconds West, 250 feet to the point or place of BEGINNING. The said six streets known as Victoria Drive, Liberty,Lane, Colonial Road, Summit Road, Columbia Road and Eds Road, are individually described on Schedule A, consisting of two pages, iwhich is- attached hereto and hereby made part of this conveyance. ' • 4 r � d 'tf n QQnn (fdER 695 4LIK O�7 Page 1 , SCHFDCLF 11F` �. ,. a •. d } v! Victoria Drive " BEGINNING at a mnnument. on the northerly -line of':Maip 8apvi6w'.. Road, 1398. 56 :feet. westerly along said norther'lyi:line` fro{n �akIcobi sane; from .said ,point of beginning runnang.. a1.6'ng' said northarjy linegf. Main Bayview' Road,. North 60 degrees .02 minutes 40 seconds West, ' 50. 0 feet; thence the following four courses: i (1) North 29 degrees 57 'minute's 20 seconds East, 332 feeti" thence (2 ) North 34 degrees 40 minutes 30 seconds West, 158.(18 y feetr thence (3) . North 25 degrees 19 minutes 50 seconds Oast, :500 0 feet; thence (4) North 45 ,_degrees 29 minutes 50. seconds Ea$t, :29;26 thence across the wester yend of Liberty Lane,: .South ,l4 'de'q;ees' I 43 ;minutes 'SO .aeconds Fast, . 62 .02 'feet, thence the follow}qty'. , three Courses (1) South 25 degrees 19 minutes 50 seconds West, 45i 13 �feet- thence (2), South '34 'degrees 40 minutes 30 seconds, East, 115.56" feet- ; thence . (3): south,.60 degrees 02' minutes 40 seconds 'past, , 38, 75 ,feetr thence across the westerly, end of Eds Road, South ,29 degrees 57 minutes. 20 seconds West; 50. 0 feet; thence South ,29 degrees 57 minutes 20 seconds West, 332 .0 feet to the point of BEGINNING. 'Liberty Lane BEGINNING at. the nort erly� teri�inus of the'-Waste lj� 'line Victoria Drive,. said point of begii�nin.g being LQ16.94 ,feet';:norther= ly along said ,westerly line`. from Ma>n, Bayview' Roacd; . from said point of beginning running the following +two courses .(l) South 69: degrees -27 minutes 10• seconds�;Sast, ' 429,51 feet., thence (2) South 57 degrees 34: minutes 10,Iseconds East, �485.97nteet; thence across the northerly end of Colcinial- Road, South 75 degrees 33 minutes 40 secunds. West, . 68;51 feet; thence, the .folloWing six courses:' fir+ (1) North57degrees 34 minutes 10,;,seconda' West, : 250.47 '- feet-, thence ' (2 ) Across the northerly end of Summit Road, North 57 `degreea" 134 minutes 10 seconds West, 50. 11 feet; thence" (3) North 57 degrees .34 minutes •10 seconds;West, 131,76. feet; thence (4) North 68 degrees 27 minutes .l0'seconds+ West{ '`137,50 feet; thence r 'r d (5), Across, the northerly end of Columbia Raad,' plort�l' bQ !f degrees 27 : minutes 10 seconds West, 50.11 #�aett• ;te11Cp1 I + (6) `North 66 degrees 27 m1.nutes .l0 ; seconde Wort, �QQ„�44 f*etp' {� thence _joross the' northerly 'end of' said Victor d Drivo,��Tart (14 degrees 43 minutes, 50 seconds West, 62 .02 feet to the point Of `f BEGINNING, iColonial Road a, BF^INNING at the easterly terminus of the, northerly ' � ne o#. . . Liberty°T.l ; e', said point of beginning,heing 9�:5:48. feet easterjy. : dlorig 'Said nor-therly line from Victoria Drive; from said:�ioint of.'> d u LIBER 695 PACE 90 Page 2 ` SCHEDULE A beginning running South 28 degrees 41 minutes 30 seconds West, 635.22 feet; thence across the easterly end of Eds Road, North 1.5 degrees 40 minutes 30 seconds West, 71. 51 feet; thence North 28 degrees 41 minutes 30 ser,onds East, 537 .28 feet; thence across the easterly e;:d of said Liberty Lane, North 75 degrees 33 minutes 40 seconds East , 68. 51. feet to the point of BEGINNING. Summit Road BEGINNING at a point on the northerly line of Eds Road, 250.0 feet westerly along said northerly line from Colonial Road; from said point of beginning running along said northerly line of Eds Road, North 60 degrees 02 minutes 40 seconds West, 50.01 feet; thence North 28 degrees 41 minutes 30 seconds East, 550.28 feet; .thence along the southerly line of Liberty Lane, South 57 degrees 34 minutes 10 seconds East, 50. 11 feet; thence South 28 degrees 41 minutes 30 seconds West, 548. 12 feet to the point of BEGINNING.. Columbia Road BEGINNING at a point on the northerly line of Eds Road, 61 . 50 feet easterly alonq said northerly line from the easterly line of Victoria Drive; from said point of beginning running North 25 degrees 19 minutes 50 seconds East, 530. 20 feet; thence along the southerly line of Liberty Lane, South 68 degrees 27 minutes 10 seconds East, 50. 11 feet ; thence South 2:3 degrees 19 minutes 50 seconds West, 537 . 56 feet; thence along said northerly line of Eds Road. North 60 degrees 02 minutes 40 seconds West, 50. 16 feet to. the point of BEGJNNTNG. Eds Road BEGINNING on the easterly line of Victoria Drive, 332 .0 feet northerly along said easterly line from Main Bayview Road; from said point of beginning running along said easterly line of Victoria, Drive, Ni rth 29 degrees 57 minutes 20 second^ East, 50.0 feet; thence the following five courses: (1 ) South 60 degrees 02 minutes 40 seconds East, 61. 50 feet; thence (2) Across the southerly end of Columbia Road, South 60 degrees 02 minutes 40 seconds East, 50. 16 feet; thence (3) South 60 degrees 02 minutes 40 seconds East 238.47 feet; thence (4) Across the southerly end of Summit Road, South 60 degrees I 02 minutes 40 seconds East, 50. 01 feet; thence (5) South 60 degrees 02 minutes 40 seconds East, 250.0 feet; ;;thence across the southerly end of Colonial Road, South 15 degrees 140 minutes 30 seconds East, 71.51 feet; thei.ce North 60 degrees ;' 02 minutes 40 seconds West, 701 .25 feet to the point of BEGIMING. i p U,1 5 �0p9 'T4T'9' e Made this 25th day of October in the year of our Lord, one Thousand Nine Hundred Ninety Nine —` BETWEEN JOHN C. COCHRANE as the County Treasurer of the County of Suffolk, State of New York, party of the first part, and the COUNTY OF SUFFOLK, party of the second part. WITNESSETH, that WHEREAS by an act of the Legislature of the State of New York, Chapter 62, Laws of 1909, entitled "An Act in Relation to Taxation, Constituting Chapter Sixty of the Consolidated Laws" and the several acts amending the same, and the special tax statutes applicable to Suffolk County, it was among other things enacted that whenever any tax charged on real estate in a County not including a portion of the forest preserve is returned to the County Treasurer, he shall not return the same to the Comptroller, but if such tax with interest thereon at the rate of ten per centum per annum, computed from the first day of February after the same is levied, shall remain unpaid for six months from that date such County Treasurer shall advertise and sell such real estate pursuant to said acts: AND WHEREAS, default was made in the payment of taxes levied in the year 1996/97 so as aforesaid duly charged on sundry par- cels of land within the County of Suffolk,with interest thereon, and the said taxes remaining unpaid for six months from the first day of Febru- ary after the same was levied: AND WHEREAS, the County Treasurer of the County of Suffolk for the time being, by virtue of the power in him vested, and after due notices for that purpose published and given according to law, and after a compliance with all provisions of law of him required,did sell at public auction, at the Court House in Riverhead, In the County of Suffolk, in the month of December , in the year one thousand nine hundred and ninety-seven the parcels of land so as aforesaid charged with taxes remaining unpaid to satisfy and discharge the said taxes, and the interest and charges due thereon respectively at the time of the sale: AND WHEREAS, at said sale the premises hereinafter described were purchased by the County of Suffolk to whom the certificate of the County Treasurer of said sale was thereupon issued and delivered: AND WHEREAS, the numerical designations used to describe parcels of property within this deed are a reference to the Suffolk County Tax Map Identifier assigned to each parcel so described on the Suffolk County Tax Map. The Suffolk County Tax Map Identifier consists of the Suffolk County District number,Section number, Block number, and Lot number listed in such sequence and which has been assigned to each parcel so described. The Suffolk County Tax Map Identifiers recited in this deed are prefixed by the abbreviation 'S.C.T.M.'. AND WHEREAS, the said party of the second part thereby became entitled to the following tracts,pieces or parcels of land situated in the following named townships in the said County of Suffolk, viz: TOWN OF SOUTHOLD S.C.T.M.: 1000-078-09-078 500088 North Bayview Rd Ext ASSESSED TO: Nidds Edward SOLD FOR: $87.57 RED ADV: $12.00 "This deed is given to supplement a deed issued on May 21, 1999 and filed in the Suffolk county clerks office in Liber 11965 Page 949 which deed did not include the above parcel." and to the title and interest therein of the persons named herein to whom said premises were assessed and appear heretofore to have belonged and of all other persons except the claims, if any,which the County or State have thereon for taxes or liens or incumbrances which said pieces or parcels of land above described were sold by the said County Treasurer atthe tax sale,under and by virtue of said Act and the amendments thereto: AND WHEREAS, The said pieces or parcels of land so as afore- said sold and hereby intended to be conveyed have not been redeemed within the time prescribed by law forthe redemption thereof, and due notice of the redemption having been duly published as required by law: az•uway. NOW THEREFORE, This Indenture Witnesses that the said party of the first part, as County Treasurer of Suffolk County, by virtue of the authority vested in him by law,for and in consideration of the amounts charged against such said parcels for taxes, including interest and penalties, and charges for advertising notice to redeem as above set forth, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, conveyed and released, and by these presents doth grant, bargain, sell,convey and release to the said party of the second part, and to its assigns forever, the said pieces and parcels of land above described, with the hereditaments and appurtenances to the same belonging to be located and laid out and possession acquired, however, by and at the expense of the party of the second part: TO HAVE AND TO HOLD the same to the party of the second part its assigns forever, subject to the claims, if any, of the County of Suffolk and the State of New York for taxes or liens or encumbrances. IN WITNESS WHEREOF, the County Treas- urer of the County of Suffolk, party of the first part,in pursuance of the authority vested in him by law, hath hereunto set his hand and affixed the seal of his office, the day and year first above written. Signed, sealed and delivered In Presence of As COUNTY TREASURER of the County of Suffolk, State of New York. STATE OF NEW YORK ss: COUNTY OF SUFFOLK On this 25th day of Octoberin the year 1999 before me, the undersigned, personally appeared JOHN C. COCHRANE County Treasurer of Suffolk County, New York, 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 acknowledged to me that he/she executed the same in his/her capacity as County Treasurer of Suffolk County and that by his/her signature on the instrument, executed the Instrument. Notary Public ;Xnbenture .: L i Made this 25th day of October in the'year of our Lord, o j)(,fj One Thousand Nine Hundred'Ninety Nine BETWEEN JOHN c. COCHRANE as the County Treasurer`of the .. ,.,.}, ,,; County of Suffolk, State.of'New York,;party of the first part ; and the .COUNTY OF SUFFOLK; party ofth6�secondpart WITNESSETH; that WHEREAS,by an act of the Legislature of the State of New York, Chapter 62, Laws of 1909, entitled,"An Act In Relation to Taxation, Constituting Chapter Sixty of the Consolidated Laws" and the several acts amending the same, and the special tax statutes applicable to Suffolk County, it was among other things . enacted that whenever any tax charged on real estate in a County not including a portion of the forest preserve is returned to the County Treasurer,he shall not return the same to the Comptroller, but if such tax with interest thereon at the rate of ten per centum per annum, computed from the first day of February after the same is levied, shall remain unpaid for•six months from that date such County Treasurer shall advertise and sell such real estate pursuant to said acts: AND WHEREAS, default was made in the payment of taxes levied in the year 199697 so as aforesaid duly charged on sundry par- cels of land within the County of Suffolk,with interest thereon,and the said taxes remaining unpaid for six months from the first day of Febru- ary after the same was levied: AND WHEREAS, the County Treasurer of the County of Suffolk for the time being, by virtue of the power in him vested, and after due notices for•that purpose published and given according to law, and after a compliance with all provisions of law of him required,did sell at public auction, at the Court House in Riverhead, in the County of Suffolk, in the month of December , in the year one thousand nine hundred and ninety-seven the parcels of land so as aforesaid charged with taxes remaining unpaid to satisfy and discharge the said taxes, and the interest and charges due thereon respectively at the time of the sale: AND WHEREAS, at said sale the premises hereinafter described were purchased by the County of Suffolk to whom the certificate of the .. County Treasurer of said sale was thereupon issued and delivered: r DISTRICT SECTION DL.00K LOT , ' TOWN OF SOUTHOLD S.C.T.M.: 1000-078-09-070 (D. <OG A(c) l<ANd) US& GDE J?�o 500088 North Bayview Rd Ext ASSESSED TO: Nidds Edward SOLD FOR: $87.57 RED ADV: $12.00 "This deed is given to supplement a deed issued on May 21, 1999 and filed in the Suffolk County Clerks office in Liber 11965 Page 949 which deed did not include the above parcel." U49811 ;7 RECENED c 11997PG374 RE,�ESTATE 99�r 27 'PH 2:4 Ella, rt) ?. RWIAI NwnUcr of pages OCT 2 7 1999 CLERK OF E TORRENS SUFFOLK COUNTY TRANSFERTAX SUFFOLK Certificate H COUNTY 13498 Deed/Morlgage Instwnent Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 I BEES Page/Filing FCC X M p Mortgage Amt. - 1. Basic Tax }candling 2. Additional Tax — TP-534 Sub Total Notation Sub Total SpccJAssil. EA-5217(County) or EA-5217(Suite) Spec./Add. TOT. TG.TAX R.P.T.S.A. _.1.-- Dual Town Dual County . 5 . 00 Held for Apportionment Comm.of Ed. — —_.. . ., � Transfer Tax Affidavit Mansion Tax Certified Copy,. j The property covur;d by this mortgage is o will be improved by a one or two famill Reg.Copy dwelling only. Sub Total YES or NO Other If NO, see appropriate lax clause on page 1 GRAND TOTAL _• of flus instrument. $ Real Property Tax Service Agency Verification Title Company Information ;> Dist. Section Block Lot Company Name Stamp iY!dto Z Title Number Initials 33�\k o u`ti�-y—�t�,st_4s . FEE PAID Check Charge �w Payer same as R&R C U NAME: ADDRESS: RECORD&RETURN TO T: Owner's Name & (ADDRESS) 9 Suffolk County Record* & Endorsement Page: made by'. This page forms part of the attached — -- (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY;;NEW, YORK. TO In the Township of in the vTLLAOE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILLNv. INSTRUCTIO http://vvww.OrV.3V4j,ny.us or PHONE 18) 473-7222 Fy�tiWIS C USE ONLY '] �I� I S L / l PROPERTY TRANSFER REPORT/C7. WIS Code STATE OF NEW YORK /O ,; STATE BOARD OF REAL PROPERTY SERVI S C2. Date Deed Recorded I 9RP - 5217 C3. Book C4. Pa9e, . 4 f �s RP-5217 Rer JIM PROPERTY INFORMATION 1.Property I North Bayvieq Rd Location MEET NUMBER STREET NAME I CITY OR TOWN VIIUGE LP CODE 2.Buyer I SUFFOLK COUNTY TREASURER I Name LAST NAME/COMPANY FIRST NAME I I I LAST NAME/COMPANY FIRST NAME 3,Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form) ) Address LAST NAME/COMPANY RBST NAME I I I STgE NUMBER AND STREET NAME CRY OR TOWN STATE LP CODE 4.Indicate the number of Assessment 1 (Only If Part of a Parcel)Check ss they apply: Roll parcels transferred on the deed I I a of Parcels OR a Part of a Parcel 4a Planning Bard with Subd'ivis'ion Authority Exist ❑ 5 46.Subdivision Approval was Required for Transfer I ❑ Property . I X I I ORI I 4C,Parcel Approved for Subdivision with Map Provided ❑ BIZ* FRONT FEET DEPTH ACRES 6,Seller I SUFFOLK COUNTY TREASURER Name IASTNAME/COMPANY f FIRSTNAME I I UST NAME/COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of osis: Check the boxes below as they apply: S.Ownership Type Is Condominium ❑ A One Family Residential E Agricultural T Community Service 9.New Construction on Vacant Land ❑ B 2 or 3 Family Residential F Commercial J Industrial 10A Property Located within an Agricultural District ❑ C Residential Vacant Land G Apartment - K Public Service 108.Buyer received a disclosure notice indicating ❑ D Non-Reaidentlal Vacant Land H Entertainment/Amusement L Forest that the property is in an Agricultural Dilitrict SALE FORMATION 1 15.Check one or mon of thee*conditions as applicable to transfer. 11.Sale Contract Date I 12 / 12 / 97 I A Sale Between Relatives or Former Relatives Monty y year B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Data of Sale/Transfer / / I D R Buyer or Seller is Government Agency or Lending Institution Month Day year, E g Deed Type not Warranty or Bargain and Sale(Specify Below) F Sala of Fractional or Las than Fee Interest(Specify Belowl C Significant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price I 0 0 I HScis of Business is Included in Sale Price (Full Sale Price iq.the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the tone of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount. TAR DEED 14.Indicate the value of personal ) 0 0 .1 1 r -7 prop"ineluded in the sate a ASSESSMENT INFORMATION-Data Should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll fromN/A r. 7 which Information taken 96/97 17.Total Assessed Value,(of ell parcels in transfer) ( I f 7 18.Property Clan -L-J 19.School District Name U 20.Tax Map Identifiers)/Roll Id*nttBer(s)1a more than low,attach shoot with additional IdentfR*r(s)) 1000-078-09-078 L I t I J I I I CERTIFICATION I certify that a8 of the Items of information entered on this form are time and Conrad Ito the beat of my knowledge and belid)and f understand that the making or Buy willful false statement of material fad herein will stobject me to.the provisions of the panel law relative to the Baking and Dung of false Instruments BUYER BUYER'S ATTORNEY r" .. ) o 10/25/99 !oy WRE �P ! f� DATE LASTNAtE `K FIRST NAME _ 330 I CENTER DRIVE STREET NUMBER STREET NAME(AFTER SIKE) AREA CODE TELEPHONE NUM RIVERHEAD I NY I 11901 Cm-a TOWN - STATE ZIP CODE SELLER CITY/TOWN ASSESSOR COPY I u \ ftd N.Ya.T.n.ameM V)—wumwR w"two wrw—pol.4:ulao pit. BfRV�L� Fw.g51 0 .,rp USAR 5 ?0.94 4 ug 141( w THIS INDENTURE,made the of-$day of August ,nineteen hundred and fifty--f BETWEEN HOWARD A. TOEDTER, residing at 60 Sutton Place S9uth,,.New York, New York, NELSON T. DICKINSON and THELMA D. DIC1(jNS(:JN;both residing at 63a Centre Avenue, Bay Shore, Town of Islip, County:of Suffolk, State:._of`N,ew�3 tel, York, ies panybf the first part,and EDWARD NIDDS, of Southold, Suffolk County; �New i party of the so and part, I �„✓�� Y WITNE49ETH,that the party of the first part,in consideration of TEN and v _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ dollars, lawful mom of the United States, and other good and valuable considerations paid I by the party of the second part,does hereby grant and release onto the party of the eewod part,the halts or successors and assigns of the party of the second pelt forever, ALL that certain plot,piece or parts of land,with the buildings and improvements thereon seared,skmety - lying and befog kedhs at Bayview, 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 Bayview Road at a point thereon which is intersected by the westerly line of land heretofore conveyed by Howard A. Toedter Inc. to Mahlon D. Dickerson and others by deed dated 7-15-1949 and recorded 7-16-49 in Liber 2971 ep 861 running thence North 51 degrees 23 minutes West along the Northerly line of Main Bayview Road a distance of 20.16 feet to land heretofore conveyed by Howard A. Toedter Inc. to Lefferts Edson by deed dated 745-49 and recorded 7-16-49 in Liber 2970 cp 581; and running thence along the said last mentioned land the following 4 courses and distances; 1) North 31 degrees 22 minutes 20 seconds East a distance of 233.87 feet, 2) North 51 degrees Z3 minutes West a distance of 224.74 feet, 3) North 60 degrees 02 minutes 40 seconds West a distance of 305.57 feet, 4) South 29 degrees 57 minutes 20 seconds West a distance of 23Z font to the Northerly line of Main Bayview Road; running thence North 60 degrees OZ minutes 40 seconds West a distance of 483.47 feet to the Easterly line of land heretofore conveyed by Howard A. Toedter Inc. to Charles W. Colombo by deed 2-28-1950 and recorded 3-6-1950 in Liber 3052 cp 113; and thence running along the last mentioned land the following 2 courses and distances: 1) North 25 degrees 20 minutes 20 seconds East a distance of 400 feet, 2) North 60 degrees 55 minutes 30 seconds West a distance of 150 feet to laud now or formerly of Mary L. Dayton; running thence North 25 de- gross L9 minute, 50 seconds East alongland now or formerly of Mary L. Dayton a distance of 595.82 feet to the Southerly line of land heretofore con- veyed by Howard A. Toedter Inc. to Walter Grits and Victoria Grits, his wife by.deed dated 10-17-49'and'r6corded 10-18-1949'ih Liber 3006 cp 4051 running thence along the last mentioned land the following 2 tourans and distances; 1) South 72 degrees 18 minutes 10 seconds East-a distance of 200 feet, 2) North 25 degrees 19 minutes 50 seconds East a distance of 400 feet to the Southerly side of North Bayview Avenue; and thence running South 72 degrees 18 minutes 1; 10 seconds East along the Southerly side of North Bayview Avenue a distance of '.�50.45 feet to the Westerly line of land heretofore conveyed by Howard A. Toedter Inc. to Walter Saybkotvski and Anastasia Szybkowaki, his wife, by deed dated 10-22-1949 and recorded 10-24-1949 in Liber 3009 cp 164; running thence along the last mentioned land the following 2 courses and distances; 1) South 25 IBme7t7 0 N6f 1104 1 c deg ja19 miautee 90 seconds West a distance.of,400�2) South 72,de-� I, are minutes 10 seconds East s distance of 200 feet lead which gape.„ Uheretofore conveyed by Howard A.-Toedter Inc'. to Edwar3 J, Sbimaaskl and 'Laura V.Grits by deed date4 1-14-1950 and reaorded'1.27-50is L}be= 3040 'cp 409: and rumdng'tha�e along the last mebticaedland the following 2 courses and distaacar;1)South 60 degrees Sg mfbute6 30 seconds East distance Of 127.03 feet; 2) North 27 dea gssee 43 minutes 20 seconds East a distance of 427.93 feet to the Southerly side of North Bayview Road; xuaning thence South 72 degrees IS minutes 10 seconds test alon ist Of North Bayview-Road ,dance of 20.313eeb to the- Southerly side g 9 the he Sa9outute of land heretofore conveyed by Howard A. Toedtar,.Ix. to Martin J. Shipuleski by deed dated 7-15-1949 and recorded 7-16-1949dn Libor 2971-cp 83; running thence along the said last mentioned land the following 2 courses and dis- tances: 1) South 27 degrees 43 minutes 10 seconds West a distance of 431.91 feet, 2) South 57 degrees 34 minutes 10 seconds East a distance of 587.21 feet to the Westerly line of land heretofore conveyed by Howard A. Toedter Inc.. toFrank Stoller, by dead dated 8-15-1949 and recorded 8-17-1949 in Liber 2982 cp 47 and thence running along the last mentioned laud the following 2 ccuroes and distances: 1) South 28 degrees 41 minutes 30 seconds West a distance of 430.82 feet, 2) South 59 degrees 30 missies 20 seconds East a distance of 88.77 feet to the Westerly line of land of Mahlou D. 1 Dickerson and others first above mentioned and thence running.South 31 de- gj groes 22 minutes 20 seconds West along the said Westerly line of Mahlon D. p Dickerson and others a distance of 670.27 feet to the Northerly line of Main Bayview Road at the point or place of BEGINNING, and also including the right to use a strip of land 50 fact in width as an easement to Corey Creek, SS said strip of land being bounded on the easterly by land of Edson and on the IIwesterly by land of Toedter and Dickinson. suproxiX CoWn BARG&IN AHD SALE DEED THIS nmin R1RE, made ,the /8 day of J✓t>' 2007 RaTmm the Comm Or Bt1pg'OLlC, a municipal corporation of the State of New York, having its principal office at the Suffolk !County Center, Center Drive, Riverhead, New York 11901, party of the first part, and '�`O -' A3ml= SAVMTO, P.O. Box 1600 North Bayview Road Extension, Southold, New York 11971, part Oof the second part, VIT=S8ETH, that the party of the first part, pursuant to Resolution Number 697-2007 adopted' by ' the Suffolk County Legislature on June 26, 2007 and, thereafter, *approved by the "Chief Deputy County Executive on June 29, 2007, in consideration of Five Thousand One Hundred One dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain plot, piece or parcel of land with any -------- buildings and improvements thereon erected, situate, lying and DISTRICT being in the Town of Southold, County of Suffolk and State of 2000 New York, described on the Tax Map of the Suffolk County Real -------- Property Tax Service Agency as District 1000, Section 078.00, SECTION Block 09.00, Lot 078.000, and acquired by Tax Deed on October 078.00 25, 1999, £rom John C. Cochrane, the County Treasurer of Suffolk -------- County, New York and recorded on October 27, 1999, in Liber BLOCK 11997, CP 374, and otherwise known as and by Town of Southold, 09.00 N x North Bayview Road Extension; E x now or formerly Jack A. & -------- Mary E. Guild and now or formerly Town of Southold; S x Liberty LOT Lane; W x now or formerly Thomas W. & Dorothy E. Wall and now or 078.000 formerly Barbara J. McLaughlin and now or formerly Nancy ------- Saporito, `{Jc, o1 TOGZTSSR with all right, title and interest, if airy, of the v party of the first part of, in and to any streets and roads 7 abutting the above-described premises to the center lines -�` thereof; •' ' 4L TOGETERR with the appurtenances .and all the-'e'state and rights of the party of the first part in and to said premises; To HAVE AND To SOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. SUBJECT to all covenants, restrictions and easements of record, if any. THIS DE® is 'given subject to any easements of Record for Ingress and Egress to abutting roads. The premises described herein shall not' be independently improved by the erection of any structure, and can be merged with grantee' s adjoining parcel if applicable' so as to form one single lot. There can be no further subdivision of' the merged parcel unless it is consistent with local town and/or village zoning codes and standards of the Suffolk County Department of Health Services, applicable at the time application is made. THIS restrictive covenant shall be enforceable by the County of Suffolk by injunctive relief or by any other remedy, in equity, or at law. The failure of the County of Suffolk or any agency thereof to enforce this covenant;' shall- not be deemed to impose any liability whatsoever upon the County of Suffolk or any officer, employee or agent thereof. THIS covenant and restriction shall run with the land and shall be binding upon the grantee, its amu Wo 0 successor and assigns, and upon all persons claiming under than. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first• part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. THE WORD "PARTY° shall be construed as if it read "parties, whenever the sense of this indenture so requires. IN wITNSB8 1PMaMr, the party of the first part has duly executed this deed the day and year first above written. COUNTY OF SUFFOLK, NEW YORK In Presence Of: By: CHRI PHER E. KENT, Division Director Division of Real Property Acquisition and Management Department of Environment and Energy STATS Or NEW YORK ) COUNTY OF SOPPOLK On the /A- day of in the year before me, the undersigned, personally appeared Christopher E. Kent, 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 acknowledged 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 individual acted, executed the instrument. Notarylic: St to fNew York BARGAIN AND SALE D= Ali• G/ 0 _ Me' /WS without covenant 4?��••�/r.r� oap s,,rA" 4vrr (yw►A�JI/Inf �Y�I,�II �rM�,t�Xa SUFFOLK COUNTY To RECORD AND RETURN To: NANCY SAPORITO i 2 ` Number of pages 3 TORRENS RECORDED 2007 Aw DI 02326101 PM Serial M Judith R. Pascals CLERK OF Certificate k SUFFOLK COUNTY L 000012516 Prior Ctf.0 P 175 fl 0 66190 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording I Filing Stamps FEES Page/Filing Fee T_ Mongage And. Handling 1.Basic Tax _ TP-594 2. Additional Tax Notation Sub Total EA-52 17(County) � Sub Total SpccJAssit. Or BA-5217(State) / Spec./Add. RP.T.S.A. TOT.MTC.TAX Dual Town Dual County Corton.of Ed 5 2� I leld for Apportiunment • J Affidavit a Transfer Tax ified Cop Mansion Tax The property covered by this mortgage is or -- spy will be improved by a one or two family _ dwelling only. Sub Total Other YESor NO �L.11/f GRAND TOTAL T if NO,see appropriate tax clause on page N of this Instrument. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section B lock I Lot Consideration Amount S O7O 176 1000 07800 0900 078000 — CP 7'ax Dtis s Stamp F T S Date R1 UA A Improved _ 7,1100 0 + Initials — Vacant Land 7 Satisfactions/DischargeVReleases List Property uwmen twduue* TD RECORD&RETURN TO; ' TD OLSEN & OLSFN LLP TD P. 0. BOX 706 CUTCHOGUE, NY 11935 g Title Company Information Co. Name Title M 7–S-1 56 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED niuJc by: (SPECIFY TYPE OF INSIRUMENI) COU=V nr C117VnT.W The preittises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Towttsliip of SOUTHOLD HANCY SAPORITO In the VILLAGE or HAMLET of 13OXES 5 THRU 9 MUST BE TYPED OR PRIMED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVERT 111111111 ILII 1�111�III ILII Illll IIIII X1111! 1111�11Ul�lal111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 08/01/2007 Number of Pages: 3 Ate 02:26:01 PM Receipt Number : 07-0070592 TRANSFER TAX NEER: 07-00100 LIBER: D00012516 PAGE: 175 District: Section: Block: Lot: 3.000 078.00 09.00 078.000 EXAMINED AND CHARGED AS FOLLOWS iDeed Amount: $5,101.00 Received the Following Foes For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COB $5.00 NO NYS SRCHO $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTX $0.00 NO Transfer tax $22.00 NO Com.Prom $0.00 NO Fees Paid $266.00 TRANSFER TAX NUMBER; 07-00100 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clark, Suffolk County ^ IPL'E'ASE'TYPE OR'PRESS'FIRML'Y'WHEN WRITING ON FORM'-_ ----- INSTRLGONS: IlttpJ/www.otpsstats.ny.us or PH& 1618! 473-7222 FOR COUNTY USE ONLY 9 1 REAL PROPERTY TRANSFER REPORT cT,surds cod. 1.41 � .9. STATE OF NM YONI CL Dib Deed Reseeded I 0STATE IDAM OF REAL PROMs V SERVICES WORD GeV C&Beak I .�.s. l t IC{.Pass t RP 5277 PROPERTY INFORMATION 1.gra itiv I -^- I NI .44r� �yj�di,Ew .F'� . ,Eve-T I I.rayar ! �A Off/ TA I /VA�✓cr I Fbew , I I i X Tax IndowwwMm MnTixllbwitobonra IBaS E cider chart buyw iddis(K bosom of tonal I � I 0W~ "asRAW I Addris I I any I 1w vr-- A Had M610 rAM*W porWi Unrelieved Asnousuft as ( / I I of" OR ❑ PiK d i Parcel �R Rat o e Tiwep ands s Aud *E O K Burd wills Stebviiwa Audawky Erdw LOW / / 2Rg4wr✓4o" iL Subdivides,APMW ws Re4drW 4 rTandw waP.,tT 'rd x t _J oP I I or.POW AWoae bx BuOdlidrr,wBa Map Provide sin L S.rw Nrral, wasWar art AMOMICOMPAIVY 1 I i 7.Chula the Seo below vA t NOW deo rmhr duras eM aM d tea property at Ma ern at salt Thad ds hese below as riw appir ❑ L Ownwd ll TYw s CwdaNNwn A Os folly RWdord al E ApdcWlwal 1 Gmmalty Sa,Ysi L New Gnrrdedon an Vara Ind ❑ B J or I ran*IlnldrWw F Commercial J keluatrlel IK Frogs al Ise w"as,Ark~Naft C Rridrdd vsrg land G Apwbawa K Publi Sirvwa IPL Ewer reoiwd a didenra awns IradalEnp ❑ D Non lridutld Veld land H EAwbamswl Amsamst L rant Ow do pxpww is It an Apdrdwrd Ols4t SALE WORMATION I 1&dank ur n nes d Mas suddo s as appllwkb n iwrder 11,Bob Garnet Dov A SW Bdwein Rheas or Former lblod n 8 Sas-seances,Raised Cruprds or P&vdm In Srwdno • �1 C On of Na Bow's ase a Sellw 1z Dov d Bob I TrundlerI e7,21 1 /8 / 071 D A 46"aw S.uw is C,ownn■d Apww,Y w IendYWuel anis, rasa Da ver E aur Type so Wwmw of Bop la wad sell ISpedlp Below) F SW of Fractional or Low Own Foe haand ISpadfy Balowl I&Kell Bel.Nis 1 . T .O 0 D I G 811oom Clump In prsawty Lens,Taswe Brew and Iw G H Sas of Budmn s Included in Sub Mon dap Sas Price Is the awl axaOYm paid for do Wopny L Ardis parson-p dirty. 1 other Unoual Factors Aftft SW Ms dkmdfV Blow) This answer may be in ON corm of oda.amw Property or psoft or dta aawmgloe of J won aWpaBn or CWar abaosonJ Plus Mural to do nrst whole tbwr ancava, 74.Wiggle dw asks of paresel I 0 . 0 1 property kwbded In dm vale ASSESSMENT INFORMATION-Dab dMid nsea the its Flnad Ammn mt Roll and Tax BIR IS Year of AennoWN PAD Stn I p ,,( I 17.ToLI Amassed Value bE Y pernb In trandW vA"kdoreWbe tabs 1L rMpwty rasa 3 ,�(-LJ It Bahod Deems wmi R 21L Ts plop bkodlwW I Rall�kYhiW)BI race then-sur.athN shod*a additional Wwd lmW) 1 fo,o-o -- 07 .00 — o 000 1 1 1 L I I R CERMCATION T cor ft tau aI of tM Burn of Iaronowdon sler d s this furs are trot sed wutad its do bed d my ktmafedpt wd bdid)led I andwannd Mal the aadit of ow wBPd Me motme s At wwww Od hula a®subject on to dw wwt*M M d4 0=1 bar eoldlre Is,dw skin and erns of&M kurdWA BUYER BUn"ATTORNEY krnts I-? 11F.107 �4 c7 /F•Po't To ss, was, werarw eraewtsars ereraaasa,asrr ang000s rrtenwramrans //9Z/ Cnaftlowl ann dr f NEW YORK STATE 07 /B o7 COPY Ti.eP �.� salAAt/ 4-1oL -Y- I ,7 l�q - 7t BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUMN:THIS AC1W..A1FT+r SHOULD BE PI(EPARED BY AN ATrO MEY AND REVIL'wED BY ATrORNEYS FOR SLu.ER AND PURCIIANA BOORE SIONDW THIS INDENTURE,made the Z I day of�W/001 2007 between / NANCY SAPORITO ' reahUue at 1160 North Bayview Extension,Southold,NY 1187E ` party of the first part.and LITTLE PIKE'S PROPBRTIE5,INC., 1210 North Bayview Road Ext.,P.O.Box 70,Southold,NY 11971 , party of the Second part. jv WITNESSETH,that die party of the fust pan, in consideration of Ten r lawful consideration,lawful money of the United States,paid by the parry of the secon does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Southold,Town of Southold,County of Suffolk and State of New York. SEE SCHEDULE'A' ATTACHED HERETO AND MADE A PART HEREOF Premises are the same as deed dated IW25/99 recorded 10/27/99 in Liber 11997 cp 374. 7VGETHER with all right,title and interest, if any,of the puny of the first pan in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the I fist pan in and to Said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second pan forever. AND the party of the first pan,covenants that the party of the first pan has not done or suffered anything whereby the said premises have been encumbered in any way wbatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same fust 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 react"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 fust above written. NANCYAWOKITO NYSBA Rdkboad Red Erne Awa on I Wk+us'191401 C0Wia1a Cq ft`J) akVmaa Page 2 of 2 PARCEL 2 —Tax Lot 78-amended ALL that certain plot piece or parcel of land, situate, lying and being in the 'fown of SOUTHOLD, at SOUTHOLD,County of Suffolk and State of Now York,being bounded and described as follows: BF.GItNNING a1 a point on the southerly side of North Bayview Road, distant 332.06 feet easterly as j measured along the southerly side of North Bayview Road from the comer formed by the intersection of the southerly side of North Buyview Road and tho easterly side of Highviood Road; THENCE along said southerly line of North Bayview Road,south 72 degrees 18 minutes 10 seconds east, 50.45 feet; THENCE along lands now or formerly of Guild, south 25 degrees 19 minutes 50 seconds west, 505.57 feet to the northerly side of Liberty Lane; THENCE along the northerly side of Liberty Lane and Victoria Drive, north 68 degrees 27 minutes 10 seconds west, 88.66.feet to lands now or formerly of McLaughlin; THENCE along lands of McLaughlin, north 45 degrees 29 minutes 50 seconds east, 111.56 feet; THENCE north 25 degrees 19 minutes 50 seconds east, 400.00 feet to the southerly side of North Bayview Road,the point or plum of BEGINNING. SUBJECT to the rights of others over above parcel,said right of way described in liber 3962 cp 79. FOR WFORNIATION ONLY; D18TRICr:0100 SECTTON:078.00 BLOCK:09.00 LOT: 054.000&078.000 STATE OF NEW YORK ) as.: COUNTY OF SUFFOLK ) On the 2'rday of July,2007,before me,the undersigned,personally appeared NANCY SAPORITO,personally known to me or proved to me on the basis of satisractory evidence to be the individual whose name is subscribed to the within instrument and acknowlodged to me that site executed the same in her capacity,and that by her signature on the instrument,the individual,or the parson upon behalf of which the individual acted,executed the instrument• NOTARY PUBLIC VWWf KENNtsiH�A��yQpK �N0'tNZW1M6l�+TM w N Wt� 1A DEED Title No. Section 078.00 Block 09.00 Lot 078.00 SAPORITO County or Town SUFFOLK To LITTLE PIKE'S PROPERTIES, INC. Return By Mail To: RICHARD VANDENBURGH,ESQ. 220 ROANOKE AVE. RIVERHEAD,NY 11901 Rescrvo This Space For Use Of Recording Office NYSRA RaidnW!Rat isim Fame an HwD=s Mal CWY�Capsoa�Devdopmau -2• . , • t 2 • Number of pages QED 2007 tltg 01 02t2601 PH This document will be public Judith A. OF ale MW record. Please remove all SFW cam" Social SecurityNumbers D 1 F P 176 16 76 prior In recording. DTt 07-00101 Deed/Mortgage Instrument Dead/Mortgage Tax Stamp Recording/Filing Stamps 3 1 PEES Page/Fling Fee O — Mortgage Amt. _ 1, Basic Tax _ Handling 5. 00 2. Additional Tax _ TP-584 Sub Total _ Notation SpecJAssit, —fitt or EA-52 17(County) l Sub Total Spec./Add. _ EA-5217 (State) �JGC.I — TOT. MTC.TAX R.P.T.S.A. Dual Town_ Dual County — Hold for Appointment Comm. of Ed. 5. 00 � Transfer lax Affidavit • Mansion Tax T The properly covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Orher — Grand 7bmI i If NO,see appropriate tax clause on page# of this instru eat. a Diat 07023177 1000 07600 0900 07e000 5 Community Preservation Flints Real P PTS Tax Servo �YIMA A Consideration Amount $ (OJ 17flD Agency a1U CPF Tae Due S _— Verification 6 Sadsfacuons/D•tscharges/Releases List Properly Owners Mailing Address Improved RECORD & RETURN TO: Vacant Land RICHARD VANDENBURGH, ESQ. TD 220 ROANOKE AVENUE RIVERHEAD, NY 11%01 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com env Information 310 Center Drive, Riverhead, NY 11901 Name AWIFECIGUE ABSTRACT CORP. www.suffolkcountyny.gov/clerk Title* AQ-07-s-1356 $ Suffolk County Recording & Endorsement Page This page forms part of the attached DEED (SPECIFY TYPE OF INSTRUMENT) made by: NANCY SAPORITO The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD LITTLE PIKE'S PROPERTIES, INC. In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) I 1111111 IIII IIIII IIUI hNl IIII IIIII IUII IIIN IUI IIII I I I I III UI II IINI IIII NII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrumeut: DEEDS/DDD Recorded: 08/01/2007 Number of Pagess 4 Ats 02:26:01 PDS Receipt Number s 07-0070592 TRANSFER TAX NWMERs 07-00101 LIBER: D00012516 PAGE: 176 Districts Sections Blocks Lots 3.000 078.00 09.00 078.000 BXAMMZD AND CHARGED AS FOLLOWS Deed Amounts $10,000.00 Received the Following Fees For Above Instrument It Exempt Page/Filing $12.00 NO Handling $5.00 NO COB $5.00 NO NYS SRCHG $15.00 NO BA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cart.Copie■ $5.00 NO RPT $30.00 NO SCTK $0.00 NO Transfer tax $40.00 NO Cont.Prom $0.00 NO Fees Paid $287.00 TRANSFER TAX NUMBER: 07-00101 THIS PAGE IS A PART OF THE MSTRMMNT THIS IS NOT A BILL Judith A. Pascals County Clerk, Suffolk County PL6ASt I YPE UR PRE5S FIRMLY WRbN WRI I INU UN FORM INSTRWNS: hapill www.orps.state.ny.us or PFSF (518) 473-7222 . FOR COUNTY use ONLY C1 SWIS Cod. 114,'7 ,3 ,8 r6 r 1G I REAL PROPERTY TRANSFER REPORT ^7 STATE OF NEW YORK mt CL Daft DOM Rmtlmd I!I / did ` 1 , - STATE SOAM OF MAIL FROPP"SMVCEa cs.Boor 1 •r d sr Y 1 C4.Pooe ly�t " 'a , RP - 5217 mnadn a An PROPERTY INFORMATION 1•►"vF1 1210 1 North Bayview Road Extension . Lm'--ts nae I q0 A I Southold 1 1197 L"W I 42iTon I Alexander L. I NWR Lai • T+TW— I � SU112n I Yracy N. 1 L Tax In*=woro fusn Tu%am we to to Som Wing If Wier tomo buW adseea to haven of law I uw I rql 1 Adfwe I>SI•RO�REESiiBTI•l 1 I R:,c I vmr—j 4,hdraa w nuebr d Aw.anwH ❑ tOYr ts M d a Formats Choir m"mww.. Rots parse vrrlrrW m the dad od/Parcels On Put of a hRd Yl RSW nE Bard with&A*AsW AuOaity E■irm ❑ i L head 6 ' 4L tsubdhylw Apo"wa RpJad b Trwud. ❑ sriopin X J 5on 1 ._� 4M Pwoel Nvored lar Suhevrwr whh Mw Pic, ❑ Nie L Shcr �a�orito I Nancy Nemo I I I i 7. Chow*the hoe tmbw MMllelt most swwaWy dwormee the um of the proprty n the Woo of alp Chodr dw rano Www w Roy aper. R0 vh1PTypeYCaMaNnlwn ❑ A Oro PsP*ROW dW F. Ayrkulturd I Conununay Seryia L Nwroa CouRkn on Veoai land ❑ B tw 3 Fm*ReeldantW F CmmroW J 4rdrrRfl tell Flo�wty loawd whin w AgrlaWal Dwlol ❑ C Raaldatmlsa l Vaw Iaebl rd 0 AporonK Fublls llrvke IK Suer rs I e dyoymea nolloo' I i- �-I D NowReeldemlel Voom lard H EnttrWnntem/Amusuma L Forst thaow pmprty binamprurWl Nmda ❑ SALE IWO11INIATION I16 tilde w rmtea dtire owrdlltorre a rpyimable a tertblr: 11.Bar Comm Dme 105 / 25,xw /20 M w w 07 1 A SYeoman PAb* Fames Rolm6m B Sw asewa PAImm d Cargw m or Prmra to Bursa C Orr oftlweu"m'ag oaEWr IL Owe d Ed*/Trsww �_� 1®� I D BuW a SWW Is GWuwlww Agony ad4q UnOSSu tim loans Dq ver E Dead TWO mot warrow or swg*and Salo Cipedly Eerwl F Side of FrecdwW or law than foes hem d WpKW Bwwl O SlprOftM Ownp r Proprty tsaamrt Tumble Swum aM Sdr Dol 13.Full Sw Fast 1 1 , 0 . 0 . 0 , 0 . 0 . 0 1 H Sw d surnon Isb+Wdod r Ser Fore 1 ! • (Fug Sw Pda Is W taN rwum pea for dw property btdudlsg Wamwl wopsrb• I OdW UNAW Fwtm A11WWV Sw Pula app iN Show) This WUM may,be In ow him of ash,odw propwW or goof,or tin mwnptlom of J Naw rno;Wgw a ether odpaiom.) P1mm roved ro dw wenn wwls door om M 14.rdrata the Wow d pwnaw 1 ` . 0 0 I properly Imdwded 4 W ver ASSESSMENT INFORMATION•Dao should MMB the latest AnN Assmor ent Roo and Tax Bill U.Vow of Asmnnmd Rd ram 17,TOW Aeesesad Vola ld W grew Y rarrdarl 1 O 1 1L Propwtlr Cres L—ih-u 1e Sdwol ob&m Name I c / i/7 a-1 I 31 4 N 2L Tm MaeMrW I Rets W Its owe than four,wtaoh ghm mob addltluW blarwtslnleD 1000-078.00-09.00-078.000 I I I I I I I i LEE WTION 1 mmit the all d the Sams of hdwamd m rmhmd m tale Dire w rte sad weed lie the rat of my kommiM a ad bdrD W 1 uodmued dW the W Wdgt Of 2W W Wd&W 4141101"Of OW&UM bd renis wW aAta w Is Ae orarrm d ted xml rw e&901 to ore muirgp and Nog or JAW Imnuam, etivEB V"(JUA�I f I OFF r flwalmMw wlw veto �sesam yrmwlWmamea �✓tarrar Tom r. »Ixam SELL" [NEW NYORK STATE COPY em+dsamwl I MG��rl TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER !, /} STREET VILLAGE DIST. SUB. LOT 0 Zom7, /c4/ s' F RMER OWNER N E ACR. S // N. ,E?a ✓t e c/ 3'o a S U- k �LG� S // W ^ CODE DATE OF CONSTRUCTION ND IMP. TOTAL DATE REMARKS i 7 8'14A1 B7-:L Z5l<p Gt A 7- L 12-51 o,-i L)'ffl? 'PlIbes jUN1 5 2009 '. Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total *LASER FICHE FORM SUBDIVISIONS Proiect Type: Standard Status: Denial SCTM # : 1000 - 78.-9-54 Project Name: Sutton. Alexander & Tracy Location: 111 56 feet northeast of Liberty Lane and Victoria Drive, Southold Hamlet: Southold Applicant Name: Alexander & Tracy Sutton Owner Name: Alexander Sutton Zone 1: R-40 Approval Date: A11,q PLAT Signed Date: n(/ti OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association R and M Agreement: Address: 1160 North Bavview Road, Southold County Filing Date: SCANNED SEP 2 4 2009 SCAN Date: Records Management N,LkGpr A,�UE ' STANDARD SUBDIVISION PREPARED FOR zpv, ALEXANDER L . & TRACY M . SUTTON NDRM� , • . , 4 ,r p ,b \ .. � SITUATED AT "rap ,(� • . I•. 1 V ,V 9 5 5•15.40" ; S �y R /may 4, - �� / . SOUTHOLD FOUNDMN.. B" ,<°J8, a 1 �/i 1, -$� ,3206• Oss I iQ" .•' " -C g ���t> ® , , ., ilii , TOWN OF SOUTHOLD =Y pER PREM5E5 4S_-- e.�� B AVZE e j\\ ` - � � ,/� SUFFOLK COUNTY, NEW YORK a� �f 3 o � °RCN �K arP" � �' RD ,h 3;t I ; T_ S . C . TAX No . 1000 - 78 - 09 - 54 �s a' : ell s� t o DDDD AD ' S . C . TAX No . 1000 - 78 - 09 - 78 SCALE 1 "=40' a JUNE 15, 2007 Sai KEY MAP Ory / •� wAA. /•°/ • \ ;Yr "c r„v`J/SO.4$• "NNp�\ _ °0= '" .v �g sl JANUARY 21 , 2008 REVISED VI PER PLANNING BOARD COMMENTS / \ �. A Res MAY 12, 2008 ADDED ENVIORNMENTAL RESOURCES NOTES \ f JANUARY 15, 2008 ADDED WATER MAIN LOCATION es . Or' J� I 1 .y, eEss ' o o � �. 1 ( j'f a SCALE 1 =6�0 v o 1 . W o a� �-cu ` r_ P MARCH 25, 2009 REVISED NOTES 2 0>\.i aFFR lypa / (I`ll R✓ / / n w ° 3 AREA DATA A, c \� S P1IC �.. q• 61,899 sq. ft. r4v I h °' •"w.� =ao. �' 79,291 s ft. 2sro 1000-78-09-54 LOT 1 1 .421 do. 1.820 ac. QoAvNOOSE 4y EW"ME B ' I 'T�, L�° 5 ,Y //I -. o c" D ") �' °` / ✓: ' ' i 27,159 s ft. 44,551 s ft. yQp�pyRPoED.uw. x4ce '/ We _ / a�+�' rye' .., 1000-78-09-78 q' LOT 2 q. v \ LE» • p / •, � / , /. /n° p 0.624 ac.Note 1.023 ac. °Q ^o DD PoRN ; Q r r " Ki g TEST HOLE DATA 5 s�� p �a �a 1 a I me r fj tQ6,aso s ft. 106,450 s ft. q \ • / e ra• I" 9 TOTAL TOTAL TEST HOLE DUG ON MAY 23, 2007 BY MCDONALD GEOSCIENCE 8900 o4�0' \\ PRpaHAy ¢..>, I � � �s / °�• W .. 2.444 ANC. 2.444 ac. FL as l' p. yJ4� re 'AfF \ LOT 1 T \ .°L 4, / J; Qy IJaER•i.,roe °O••. Nam RAND AND LOAM V o'`W \ 2 \ NOTES 61,899 sq. ft. 1 >�h Pe / awe S • Q Y' "x"S= ,I N 1. ELEVATIONS SHOWN THUS:•5DC ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS DATUM. 1 .421 ac. 1 1 a I .�fe E 77THUS: - 30= /\ KEY MAP 1. CONTOURS SHOWN --- ----ARE SCALED FROM TOPOGRAPHICAL MAP.-OF.-FIVE--EASTERN TOWNS. BROWN CUM SAND sc W / DIRT PATH WITHIN LOT 1 = 2,100 sq. ft 1 \ A s a r\,"{ I F° 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. _ .. LOT AREA NOT INCLUDING DIRT PATH 59.799 sq ft 1 Y / ti° 1 TANK; S' LONG, 4'-3" WIDE, 6'-7" DEEP - - 3 3s y,E 1 yd \ 1\ SCALE 1 "= 1 00' 3 7POOL;MM 12'ADE PG 8'SYSTEM FORA 1 TO 4 BEDROOM HOUSE IS 300 sq t} SDEWALL AIjEA. a zi�s 1 31. �, i° PROPOSED EXPANSION POOLAt �� •� •• PALE BROWN ENE SAND SP ° �� 12.' 'r Y." 1 ' 4, 3 MAR V Q�Q- �\ $'1 p , , i \ wet mr 1 zp , t, A TYPICAL PLOT PLAN O PROPOSED LEACHING POOL 2 7 2009 I. A o w `, q \ [ ¢.-•r,-• ' >= r• (NOT TO SCALE) (( s' pa�G' PROPOSED SEPTIC TANK tf vOA' W2't� \\ \ `\ RBE. PROPERTY LINE PROPERTY LINE -� LI '�, \ 4. THE LOCATION WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELDI PNE Be WN S- —0 su I ?RQ\ \ ap 1 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS, i ° 50' PoSf }9 1 3� 5. THIS PROPERTY 15 IN ZONE R-40 14' Z AE4P y ' 1 D RQ 7g �\ Ln �° WELL 6. THERE ARE NO BLUFFS OR WETLANDS AFFECTING THIS PROPERTY. "•• ,y\. PeRTV C/IV 9 QQ, , N o gt 7 THISWATPROPERTY IS NOT INCLUDED WITHIN ANY OR GROUNDWATER PROTECTION AREAS. RECHARGE, SPECIAL MUNICIPAL 3 R+R f_OT L Fa QWQ ' J2 �� �o B. THERE ARE NO ARCHEOLOGICAL OR CRITICAL ENVIRONMENTAL SITES AN THIS PROPERTY. PALL exown FINE RIND sP a TOTALI LOT ARE = 44,$$11 sq. ft. �� NVQ / S J8 10, 9. THIS PROPERTY IS IN FLOOD ZONE % (AREAS DETERMIED TO BE OUTSIDE 500-YEAR FLOODPLAIN). 1 p/ 1 .023 c. @ °� 10. THE SOIL TYPES ON THIS PROPERTY ARE: 2S�RPOIW W THIN LOT 2 - 28194 kI E 1r ONE \ ` iy F� $�°\ ° J LOT 2 LOT 1 ROB (RIVERHEAD SANDY LOAM, 3 TO 8 PERCENT SLOPES) h @l!! lisq. I NVE D p' 4/ 2 ROD (RIVERHEAD SANDY LOAM, B TO 15 PERCENT SLOPES) J'-"' zD' ^ LOT AREA NOT INaGD G DI PATH OR 25' R.o.W.,= 46,536 sq ft. qi r oo, 4 3AY N 10, THE SOIL TYPES ON THIS PROPERTY ARE: O O- NO•WATERENCOVNIERED � / 3 GI WO"rTEO \1 LANDSCAPE NOTE. tryWt�',' ou or/ THE REQUIRED FRONT YARD, EXCEPT FOR THE AREA OF THE DRIVEWAY, N� "2 • "y ? o sr HDLs ya BUILDING BUILDING SHALL BE LANDSCAPED WITH GRASS OR OTHER SUITABLE GROUND COVER, =e•>R 1 y m 2 y� TREES AND/OR SCRUBS. o' '0',O ° W °A _ ss 0. 525 ` ,amE lqr tiv FRo So• '� >: _ S _ FIRE DISTRICT - SOUTHOLD v w A I cLL-Aw \ r - - a3 pNO Po "`h"""" •IRO n z o ' � SCHOOL DISTRICT - SOUTHOLD \ N�jN bar speol,' ,e,� I - '/ m TA Ka TAMC POST OFFICE DISTRICT - SOUTHOLD a \ o m s m. sh 0. 8'JO» / �' u, : to• MIN. LEACHING 50% EXPANSION LEACHING OWNER AND APPLICANT: EV W Nc¢ N / y SOR EXPANSION z MPOOL POOL to NPOOL •Wm 1 r s/ \ PDDL ALEXANDER L. AND TRACY M. SUTTON yo h o� W 325 HORTON'S LANE -55 P.O. BOX 70 ay�A� /o/F 200 OgpNCEMo"A,� 'S, ROAD Rano SOUTHOLD, NY 11 971 WELL USES p'eLCC g4971G.f/`rN > / p, •/' _J �N'Wf WDE nS, cE �P,�E QFNEw rQ p / • :� 4 q TAFTC .Q TYPICAL SEWAGE DISPOSAL SYSTEM / Top/ ��� C� // /p/Y� /�° 4 xausE TDP BURIED (NOT TO SCALE) '•y �_ ti_ !.'. ,�• 4' DEEP max. FlNISHm GRACE �r 1� // i / 'CC y1 PRECAST Raxraxcm wncRErt covin zaem mcalm. WaeOSINT a ween 11.1 nils" INANE THIS SUBDIVISION WILL APPEAR IN 4J euRlm 1' DEIN thin z DEEP m°x. CAST IRON covin TO GPADE DISTRICT 1000 SECTION 78 BLOCK 09 lip,yn4 � C•' O i& D,Q NTN. 4 tll° /MIN. 4' PIPE rE of 2} QQ6"1 Q / S ° 10•min. to-min RD' O SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Lj � / ^1' rn°clim 1 PIPE' MIN. a• aw HAUPPAUGE, NY 4 TXOArgs/O/F, /+`p ) '• QQ ti / fL 6� — N o PRcxm 1/e'/1' yinN•� L /// / Q� / '\ Sl\fty C, xeERr 3m flaw HVEm THE AND/ORSTENCE EASEME14TSOF RIOF RECORDGHT OF +,YF /bf4izr •I I N = _s W v suFl¢ o^°M ANY, NOT SHOWN ARE NOT GUARANTEED. NYS Lic. No. 50467 Data 45 N 68 I ..' ". '. ae 3 88 1J ` ay HEREBY CERTIFY THAT THIS MAP WAS MADE •66`+ (•1/ smc wui MlA O BY US FROM ACTUAL SURVEYS COMPLETED \ SEPTIC TANK (11 LL,GHIN'D Pool JUNE 15, 2007 AND THAT ALL CONCRETE \ 1 MINIMUM sEPITC TANK CAPACmEs Is 1,000 GOLLONS. MONUMENTS SHOWN THUS ■ HEREON Nathan Taft Corwin III This is to certify that the proposed Realty Subdivision or Development / A 'o "' tyPUBpL, 1 TANK, e' LONG. fa• WIDE, W-7' DEEP 3. min ACTUALLY EXIST AND THEIR POSITIONS ARE for in Me F /j' + at Wi�'q Z CONCRETE SNALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 p,1 AT 28 DAYS. CDS CORRECTLY SHOWN AND ALL DIMENSIONAL with a total of lot was '� \/T� '615C, \ �N 3. WALL THICKNESS SHALL BE A MINIMUM OF 3', A TOP THICKNESS OF e• AND A 8070M THICKNESS OF 4' _ E All WALLS, BOIIOM AND TOP SWJl CONTAIN REINFORCING TO RESET AN APPLIED FORCE OF 300 psf _ e'-o' AND GEODETIC DETAILS ARE CORRECT. Land Surveyor appmvetl on the bout dote. Water Supplies and Sewage Disposal yl �/)l� W4r°T W l ALL JOINS SRALL BE SEALED 50 TNAT THE TANK IS WARDRUGHT PRECAST CONC. Facilities must confann to neWctiop staatlords effect at the time V 'P/A, 5. THE DOUG TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTORS (WITH A MAX. TOLERANCE OF ±1/47 6' MININUM PdE11UTI0N of canstNcEon and are subJect t0 separate permits pursuant to Those 2T /. /-� Ty SITE \ ON A MINIMUM 3'THICK BED OF COMPACTED 54N0 OR PG GRAVEL " OFB NUR9GTI� GREWEL sloadords. This approval shall be valid only If the realty subdivision/ Q' w' hl'/ ,( ET 6, A 10' thio DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. PACK FlLL MMmLAL 10 BE 3 GROVND WATFA BY development map Is duly Flied with the County Clerk 'thin one year CLEAN RAND AND GRAVEL of this date. Consent Is hereby given for the filing of this map on 3 = L THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED which this endorsement appears In the Office of the County Clerk in g A /`j BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION Drtlonce w"tM1 the provisions of the Public Health Co. and the 0" �,Q' " E Suffolk .CCCouWty Sanitary Code e� Ay LEACHING POOL OF APPROVAL DATED Title Surveys - Subdivisions - Site plans - 0005frUCtlOO Layout 3 y I hereby certify that the water supply(s) and/or sewage disposal systems) for this project 1. MINIMUM LEACHING SYSTEM Is 300 sq x smEwALL AREA So were desi ned h me or under m direction. Based u on a careful and thorou h stud of 1 PODI: 1r DEEP, e' el PHONE (631 727-2090 FO% 631 727-1727 / a�C O 9 y Y P 9 )' 2 LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) C� the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County LEACHING STRUCTURES, SOLD DOMES AND/OR sues. Department of Health Services construction Standards in effect as Of this date. 3. ALLCOVERS SHALL DE OF PRECAST REINFORCED CONCRETE (OR EQUAL). 4 A 1O' min, [DISTANCE BETWEEN LEACHING POOLS AND WATER ONE SHALL BE MUNNINED. OFFICES LOCATED AT MAILING ADDRESS Yto A. Mineh P E. 5 AN e' inn DISTANCE DEIWEQI ALL IFACHINC POOLS SHALL BE MAIMAINEO. Director, Division of Environmental OE. e AN e' inn DISTANCE IEPAEEN ALL LEAD Director, POOLS AND sEPllc TANK sNAu BE MaNruxfO. CHAIRMAN PLANNING BOARD 322 ROANOKE AVE P.O. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 ILI 27-166C ryfCKO�A Uf TYPICAL PLOT PLAN MINOR SUBDIVISION (NOT TO SCALE) PREPARED FOR 4A PROPERTY UNE PROPERTY UNE ALEXANDER L. & TRACY fi4 � ,t „SEH WELL SITUATED AT ", �1 ii CANT i1 S 'S'r S SOUTHOLD �} j_ MAY 2 0 2008 _ S,Das LOT 2 LOT 1 TOWN OF SOUTHOLD ; a f POVND ',2+ �� 1 `9 y°� Y 13z06ManG 'Ts I �8�10»�e�i. : �j ^ SauClollll:mn 2 SUBJECT I i�;[�1 Op PREMISES 4'S— `it, 1e• ', f;enpi: 'J:9rd f O \ W¢Da . IE SUFFOLK COUNTY NEW �Y G �2• M' A°RON WOCK P4 . . . 1 'Z 1 - .K o , �°� ' ROA S . C . TAX No . 1000 - 78 — 9x •..-- ., �O 1J j S . C . TAX No . 1000 - 78 - 09 - 78 F^ J BUILDING BUILDING ROAD ��. _-- , ••..i-x\.• 2so �. i' .:. SCALE 1 "=40' SRwp _h, i \\ �` . i, . n _� _ _� � JUNE 15, 2007 KEY MAP �"N a oSEPTIC oSEPIC JANUARY 21 , 2008 REVISED AS PER PLANNING BOARD COMMENTS // \``\ 'MK 'A/ •,. \ y[,�,, `1y 30 �u 4S TANK TANK O f .. '"-_YqE 'I 45 m. MAY 12, 2008 ADDED ENVIORNMENTAL RESOURCES NOTES of �• e V \\ \ CESSP�L O° \ m . 10' MIN. LEACHING 505 EXPANSION LEACHING SCALE 1 —UOQ 3 ' w� �y \ ? O O J /� POOL POOL POOL I // \•$0 505 EXPANSIONz a, ; On POOL ,,;."°°Poet' AREA DATA i a'Wr a 'Vic - I 8' � �--0 ry ra. ms. i aonD Rono 1000-78-09-54 LOT 1 q' 1 H 4f MSW ° o Ems- 79,291 sq. ft. 61,899 s ft. p4 �'r"2° 1 HO STDRY OTA /�v �;s 1.820 ac. c USf4 �RAMf •.l , �1 / h .>` 1.421 ac. �p�4"p 4 \ X00 f r s1e AR4Cf ]zo• 1 ,; ` / 27,159 sq. ft. 44,551 sq. ft. *,a, °< " afA �yY OWNER AND APPLICANT.- 1000-78-09-78 0.624 ac. LOT 2 1.023 ac. asso TEST HOLE DATA 5� �W^ P°" �a� ALEXANDER L. AND TRACY M. SUTTON '-'T^ \ �EWW �"� � mmN b`• �� a 106,450 s ft. 106,450 s ft. TEST HOLE DUG ON MAY 23, 2007 BY McDONALD GEOSCIENCEo A°• \ \ a • ` ' 2 yes / 325 NORTON'S LANE TOTAL q' TOTAL q' X90 °d \ Pgga ear r / 2.444 ac. 2.444 ac. EL ..I. J m r • ..- h o' y U2 W� \ P.O. BOX 70 ulXED SAND MD LMu Vy��m LOT II '� / SOUTHOLD, NY 11971 I' a - 61,899 sq. ft. \ \ fe>`I'S, Go �-� "x'22 ,' 421 ac \ ;a 1 — \ 7 / 1. ELEVATIONS SHOWN THUS:•s� ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS DATUM. 2p2 I 1. CONTOURS SHOWN THUS:---50 ----ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. dY BROWN aEr SAND sC W J DIRT PATH WITHIN LOT 1 = 2100 eq. ft. 1 \ _ N 1 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. r LOT AREA NOT INCLUDING DIRT PATH 59.799 sq. H I / 1 TANK; 8' LONG, 4'-3' WIDE, 6'-7" DEEP 3. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. Is. /•�p.,mf I 30 // \ —.LV.S• �S 1 POOL; 12• DEEP, B• did. PROPOSED EXPANSION POOL .• PATE BROWN FINE SW325p\ ^/O Be '37 ,2'1 '1 off^ I I 8 rq 1 TYPICAL SEWAGE DISPOSAL SYSTEM O q \�� O" t {, 1 WE( _ �a $ ® PROPOSED LEACHING POOL } 2y \ \ 'se• �' HOUSETOP (NOT TO SCALE) n• v0 yip° \ \ I a NNcmem FlNISHm GN➢E ® PROPOSED SEPTIC TANK y3 ' 1 \ \ PHECOST ROxFagcED COxcRETE OVER Flxlsx cRME 4. THE LOCATION OF WELTS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD PATE gRDWN sCN sum su oz IIaROP \\ \ 11 2 BURIED r DEEP mm. 2' IN me.. 2OASTT III COVEN ro�e: IxsEcr PRaaF OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 1 O F o MIN. a de. p+ ' 5. THIS PROPERTY IS IN ZONE R-40 MPRDYII PIPE TO'min. 0'mN. MIN. 4'ale. . Y= 2p' O PROP l9g 0p, , �\ a� a 2Y2 PRcxm 1 4• rrI%xRomvmT/eIPE, irB_s ! } 6. THERE ARE NO BLUFFS OR WETLANDS AFFECTING THIS PROPERTY. 7. THIS PROPERTY IS NOT INCLUDED WITHIN ANY AQUIFER RECHARGE, SPECIAL MUNICIPAL £ \ ? 3_ ; WATER SUPPLY OR GROUNDWATER PROTECTION AREAS. �W Re. I�OT r� 11 Rjy CINE 1? �\ p pp 20 Ixvmr °49 INYT➢r d. THERE ARE NO ARCHEOLOGICAL OR CRITICAL ENVIRONMENTAL SITES AN THIS PROPERTY. PAI£ BIIONN FINE sM'D SP a TOTAL LOT ARE = 44,551 ;sq. ft. 9 8 70N\ �y4J\V' GT ]q Flow 9. THIS PROPERTY IS IN FLOOD ZONE X (AREAS DETERMIED TO BE OUTSIDE 500—YEAR FLOODPLAIN). \ 1 .023 ¢C. a1' 4°J° %�� MTmu 10. THE SOIL TYPES ON THIS PROPERTY ARE: (y h DIRT PATH W IN LOT 2 = t,2oa'yq. ttlI j0: m °\ ° ROB (RIVERHEAD SANDY LOAM, 3 TO 8 PERCENT SLOPES) LOT AREA\NOT INCL ING DIRT PATH = 43,]51 4q R + ROM (RIVERHEAD SANDY LOAM, 8 TO 15 PERCENT SLOPES) NO WATER ENGOUMEAa] 20 \ / , ^Po' (�`' A 1�Te o 4 - 51 EW 1L.MEI. N sm W a0 \I 3 o ' ' °n �' yy SEPTIC TANK (11 _ LF/pHINO Pool M fD • O $ 1. MINIMUM SEPTIC TANK CAPACITIES IS 1DEE CALLANs. TANK, 5' !MNG, AVE MINIWIDEM COMPRESSIVE aF 1 Oi O 1 3' min CONCRETE SHALL HOU A MINIMUM UMOFY. A STRENGTH OF 3,000 - i AT 46 DAYS TTO HOLE q4 ], WALL THICKNESS SM AN BEA MINIMUM OF N A TMP CINGTAICKNESSR OF fi• MIO A ED FOM THICKNESS OF 4'. LlM Of6' 111 Off' A Q ALL WALLS, BOTTOM AND TOP SHALL CONTAIN RFJNFOgCING TO RESIBT AN APPLIED FORCE OF 300 per - FIRE DISTRICT - SOUTHOLD 4. ALL JOINTS SI BE SEALED SO T1KT THE TANK IS WATERTIGHT. PREVST CONC 6 , v° 49 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX TOLERANCE OF 31 4 SCHOOL DISTRICT - SOUTHOLD �C' O W. / 7 e' MINIMUM FEIRTRA1gN �^ •g , /�<� } °° 9 ON A MINIMUM 3• TRICK BED OF COMPACTED SANG OR PEA GRAVEL u W A MARGIN BATA POST OFFICE DISTRICT - SOUTHOLD v°A, SS\ Q NF c�s ,E IFF� \ °'� �< 3 6 A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAMANED BACK FlLL MaMsM. 0 9E 3 DKOUNO WATLA of YND MD GRAVEL O \ pPCUNp J ,•••"h•••••__ y'I —\ cLFIN SAND AND Gluv¢ — \ ",MON. PGR.2VL l 1 N WKLY / M• _.L y+o' ' \ LEACHING POOL —(`'{ I hereby certify that the water su s and/or sewage disposal s stems for this j �$'� L� Y Y PP Y( ) 9 P Y ( ) project I. MINIMUM LEACHING SY"TEM IS 300 eq ft SIDEWALL RHEA. 0" 6 J h\ were designed by me or under my direction. Based upon a careful and thorough study of 1 Paau I2' DEEP, B' aie. 2 LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAW REINFORCED CONCRETE (OR EOUAQ H / aortaf 2 the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County !LEACHING STRUCTURES, SOUL DOMES AND/OR SLABS OR EO BE OF PRECUSTCOVERS SMALL REINFORCED CONCRETE WL. 1 O \ Department Of Health SeNICCS COnBtrllCtlOO standards In effect as of this date. 4. A 1a'J. ALL COVmin. DISTANCE BETWEEN LEACHING P0015 AND WATER(LINE el BE WIMWNED \ 5 \ 5 AN B' min. DISTANCE BETWEENALL LEACHING POORS SHALL BE MAINTAINED g200 —55 'E �Q B. AN 6' min. DISTANCE SEPNEEN ALL LEACHNG POOLS AND SEPTIC TANK SHALL BE MAINTAINED. 04p': P An s ,y 'k&a7yq N7/O/F . ` 40N WELL USE, OWE W, 001NzN 4 ISpT' / O f 9 sLl WAR . / // 1V 4Knof SOF NEkyr G, -,p FT CO CR'f- // •• r�0 y1 vT THIS SUBDIVISION WILL APPEAR IN f c n 4; 0 Q s // �O S Y� SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DISTRICT 1000 SECTION 78 BLOCK 09 oQ / � F ° HAUPPAUGE. N,Y. S t°�5 50467 ¢ OROTbI'E 4 7/ S'-.• ./. ••• °\0dg' THE EXISTENCE OF RIGHT OF WAYS SOUNDANDI IF SV }O4�C j�< ANY, NOT SHOWNTARE FNOTCGUARANTEED. Y • • I IryZ{ o yJ Data N.V.S. Lic. No. 50467 45 / 68 21 • •. R y �° W I B HEREBY CERTIFY THAT THIS MAP WAS MADE y BY US FROM ACTUAL SURVEYS COMPLETED '�s' ✓Y ," JUNE 15. 2007 AND THAT ALL CONCRETE Ga yN This is to certify that the proposed Realty Subdivision or Development MONUMENTS SHOWN THUS: ■ HEREONACTUALLY EXIST AND THEIR POSITIONS ARE Nathan Taft Corwin iii far a s sal '} CORRECTLY SHOWN AND ALL DIMENSIONAL with total of let AND GEODETIC DETAILS ARE CORRECT, POOL/ (q approved u the above date. con Water Supplies and Sewage Disposal WA>E Facilitiesmst must sand are to subject to tion etantloNa m effect at the time Land Surveyor _R/A, of c Standards.traction and are subject to separate permits pursuant to those developmentmappie duly Tied with the County if tClark he realty within one syear BY y� of this date. Consent Is hereby given for the flling of this map on 2 /1 which this endorsement appearsIn the Office of the County Clerk n THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED o dance with the provisions of the Public Health Law and the BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION 4b -L V� Suffolk County So story Cade. OF APPROVAL DATED Title Surveys — Subdivisions — Site Plans — Construction Layout 3 PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS r 1 Vt. A. Mmisi, P.E. CHAIRMAN PLANNING BOARD 322 ROANOKE AVE P.O. BOX 1931 Director. Division of Environmental Quality RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 r� 27-166C TYPICAL PLOT PLAN MINOR SUBDIVISION (NOT TO SCALE) PROPERLY MNE PROPERTY LINE PREPARED FOR q ALEXANDER L . I TRACY M . SUTTON SITUATED AT NORM sienv O_T ? pA09NT WELL �T 6 � SOUTHOLD 0 l' 7,51 15 40' f DO 72 p �_ MaN°R NI I 78'j T� LOT 2 LOT 1 g° m� 732.06' ON I O» 4y =Y PREMISE q f _e ., gA �,.0 TOWN OF SOUTHOLD UB PREMISES 4S�__ N, tAve 3�" -LT5 zz. Po�I.Iv 'WR°xuN sLDcr maE P „. s O y o ,��R '"" , ^�`@° IEylr °2 SUFFOLK COUNTY, NEW YORK ff' ROA 1, S . C . TAX No . 1000 - 78 - 09 - 54 BULGING BUILDING S . C . TAX No . 1000 - 78 - 09 - 78 I,•„,� •,.i-x�•. .\ .2g0 qS,, . SCALE 1 "=40' `�y6RM `'�' l ` , \, _ � ; - JUNE 15, 2007 KEY MAP A4 \\ WALT A LIGON SEPTIC SEPTIC JANUARY 21 , 2008 REVISED AS PER PLANNING BOARD COMMENTS • \ l; FOD -4STANK TANK„ , wODO / E Qw..°D eMAY 12, 2008 ADDED ENVIORNMENTAL RESOURCES NOTES SCALE 1 =600 Vo c hRs / ^/ 'U CESS.°ao --- LEACHING Sox EXPANSION LEACHING JANUARY 15, 2008 ADDED WATER MAIN LOCATION Q2� \ r R0aE0� �""N/ • \I i o p0 / / \�50 Sas EXPANSION BE POOL POOL ; NPOOL tu.NbaO // POOLor Ul ft `° Qs� D 3 AREA DATA v, I / � ROAD ROAD 79,291 sq. ft. 4!: MO FDRX0R4 z . 2 ,vo // i DDD-78-09-54 LOT ?l 1.421 ac. oI o uS E I J o �` 1.820 ac. 61,899 s ft. t ME D1'L 8 \ ,Wo , erjRAx e. 4R4cE ° {F4 x CE ” RaOP pW,R A 't `¢ / 1000-78-09-78 27,159 sq. ft. LOT 2 44,557 sq. ft. TEST HOLE DATA yNo e�N0 roaa roR OWNER AND APPLICANT. 0.624 ac. 1.023 ac. TEST HOLE DUG ON MAY 23, 2007 BY MCOONA I�fF�f- 40' \ 6 " ' A°"`' I' '1 // ALEXANDER L. AND TRACY M. SUTTON 0 0 \ lea' / TOTAL 102.444 ac. ff. TOTAL 102.444 ❑c, ft. f4 C) a RDa 325 NORTON'S LANE 450 q' 450 q' FL xt' MIMED YND AxD u1W y� (4W�W le•��\\ LOT 1 T ` •• 'I' , ' 77 P.O. BOX 7D x=� 161 899 sq. ft. \e> w, i SOUTHOLD, NY 11971 NOTES: 1.421 QC. \ h I k \ a / 1. ELEVATIONS SHOWN THUS;•— ARE REFERENCED TO TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS DATUM. BROWN curet .0 SC 0 / DIRT PATH WTTHIN LOT I _ 2,100 sq ft \I \\ \ d 1. CONTOURS SHOWN THUS:---50 ----ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. 4 LOT AREA NOT INCLUDING DIRT PATH 59,799 sq ft I --- a N/ 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS. Y d 1 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP e' a as, 3. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. y `,53, 1 POOL; 12' DEEP. 8' did. w .T !• PALE I. BE SWD OR o'SOS Al J2.1 `, I o,r ° o I PROPOSED EXPANSION POOL r a q� `. BTO'• 5 II wet __ 1 za ' cl �. I TYPICAL SEWAGE DISPOSAL SYSTEM • " ' O 0 y W `,,) \ ( ---}---ate'• >n. d� ® PROPOSED LEACHING POOL 20 \ ( \ \ e• �� HousE (NOT TO SCALE) 11 V� W q- \ \ �k' t DEEumam ® PROPOSED SEPTIC TANK Q3 z 1 \ 4 nNISHED GRADE PAIS egOWx sin smD su 2 I 1�p \ \ dg¢T I Pencern RBxmgcm cOxcgErE COVER RMS. ..E 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD O I R BURIED 1' O RC min T OFFP mo, 2lalo. LOOKING, WAl SBI k INSECT PROOF Opo \ £oA' I s cM IRON Cavin TO GRADE OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 1+' I e0 o MN C ma o e o" 5. THIS PROPERTY IS IN ZONE R-40 2 /J /9 \ „� 2 APPROVED PIPE RD'min. O'min MIN + tl,o 2a. L I ROP 900' \ 0 2 PRcxm 1 r r APPROVED PIPE ;IiE ig �! 6. THERE ARE NO BLUFFS OR WETLANDS AFFECTING THIS PROPERTY. - W pi I ERTY H o tl e Pre as 1/e•/Y 7. THIS PROPERTY 15 NOT INCLUDED WITHIN ANY AQUIFER RECHARGE, SPECIAL MUNICIPAL 3 1REE LOT L UAJf j 02 3P ; WATER SUPPLY OR GROUNDWATER PROTECTION AREAS. PALE agawx RNE Sino SP o TOTALI LOT ARE _ '4OT Sq. ft. ,, 92 X8'7 \\ ya T INYDM ''• INVFIR B. THERE ARE NO ARCHEOLOGICAL OR CRITICAL ENVIRONMENTAL SITES AN THIS PROPERTY. 9 , O" �O d' 3a• FmW 9. THIS PROPERTY IS IN FLOOD ZONE X (AREAS DETERMIED TO BE OUTSIDE 500-YEAR FLOODPLAIN). _ \ 1.023 c. 1. k"S EARLE QI h DIRT PATH W IN LOT 2 1,2o0q q kl z 1, W pX di G a onoM 10. THE SOIL TYPES ON THIS PROPERTY ARE: 2S R O.W. WI HIM LOT 2 = 2,815 s k1 m ' N cV 2 „' ROB (RIVERHEAD SANDY LOAM. 3 TO 8 PERCENT SLOPES) 20. LOT AREA NOT INCLUDNG DI PATH OR 25' R O WA 4d.536 sq. R �/' I $.F 4 y _e•--� E �'-� RAC (RIVERHEAD SANDY LOAM, 8 TO 15 PERCENT SLOPES) NO WATER ExcauxrERED h� o11 13 N�, OOq�^' IA �p � o.: Soo.e. k )I = 0) O rn I 3 00,' ,T'-' a' yy '7p' SEPTIC TANK (11 smE WAL.,au F //�'�W OD" '- 1 0• 00 - LEACHING POOL G / I. MINIMUM SEPTC TANK CAPACRIES Is 1.000 GALLONS. _ ; 1 TANK; e' LONG, 4-3' WIDE, e'-7' DEEP d' min N ?r NO Q 2 LONCRE E S MINIMUM COMPRESSNE S HENGT OF 3,000 pe, AT 2B p INE (♦'.� 2e• hr 20 4 3 WALL OXNESS SHALL BE A MINIMUM OF 3', A TOP THICKNESS OF B' AND A BOROM THICKNESS OF 4' GUAR AC.9 tA'fE 1 O r y0 ALL WALLS, BOTf°M AND TOP SHALL CONFAIN REINFORCING TO RIENST AN APPLIED FORCE OF 300L TF ALL JOINTS SHALL BE SEALED SO UT THE TANK IS WATERRGHT P' PRECAST CONE. FIRE DISTRICT — SOUTHOLD 5. DTHE A SEPTIC TANK K SHALL BE INSTALLED AT lui IN ALL DIRECTIONS Arm A MAN TOLERANCE °F S1 4 SCHOOL DISTRICT — SOUTHOLD 0 2y tiQ% 3000 / 'I 04W FC'S LUGF IPF°m^RIAb O•( hQ 3 6 A 10 min. DISTANCE REIWMN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. BACKMATERIAL - gDUNO wAlat OF BAND ANO GRAMFL POST OFFICE DISTRICT — SOUTHOLD O \ °NDE72. ' PoN RVL FpJC rE' •F _-'y yr' \ \ O 3' THICK BE➢ OF COMPACTED SWD OR PFA GRAVEL �N°'W0 �� LEACHING PDQL —MOLAL NRGIN STMTAPEOHEREMON t�IL MO A N O 1�' I hereby Certify that the Water Supp ly(e) and/Or Sewage disposalcarSystem(th for this project 1. MINIMUM LEACHING2' DEEP S5 To. IS 300 sq ft 51DEWP11 AREA. W N £ I ry were designed by me Or under my direction. Based upon a careful and thorough Study Of y, UACNGI POOLE TOBEC°NsmUC1ED OF PRECAST REINFORCED CONCRETE (OR EQUAL) / ea.NE I g $// \ the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County LEACHING STRUCTURES, SOUD DOMES AND/OR Suss. I Q \ Deportment of Health Services construction standards in effect as of this date 5. AIL COVERS SHAUL BE OF PRECAST RONFORCm CONwEIE (OR EOUN.). \ fJ \ 4 A 10' min. DISTANCE BETWEEN LEACHING FOCUS AND WATER THE SHALL BE MAINTAINED. 5 AN B' m n. D=CE BETWEEN ALL LEACHING P006 SHAUL BE MAIHGNNED. `SS 405 Acf' � O fi. AN B' min. OIUANLE BETWEEN ALL LEACHING POOLS AND SEPRC TANK SHALL BE MAIMAINED 1 1� 5 1 OO O 9oNc COONND J 1 ✓ dfCjyb _ _�� -� . WELL USES " GxZIN ,A' /♦1CW A'j' { �wE W"2'R <1 �.- .1>5__b //77/ '�' �OQ +0011 pdr�>P THIS SUBDIVISION WILL APPEAR IN DISTRICT 1000 SECTION 78 BLOCK 09 `ES CV SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES & D OHgs 0/F ' 'V♦v�' ) r' QQ 'y / @ 4 HAUPPAUGE, N.Y. 1 °Raryp6' 1P,Qt > Q-�. . •H / p�y� 1'1',' 4, E A't 7�,/ }� ,Q., / ,}�4 THE EXISTENCE OF RIGHT EC WAYS 9CL ! ✓ , 1 (/3 O T;r Za 3Q AND. N EASEMENTS OF RECORD, IF \♦ I,��'046> /�`�� 45 / 6• If lv s•• N OA= o a, Dole \`"`LAND F'U� N.Y.S. Luc. NO. 50467 � ANY, NOT SHOWN ARE NOT GUARANTEED. � 8 I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED W JUNE E 2007 AND THAT ALL CONCRETE p This ,s to certify that the proposed Realty Subdivision or Development MONUMENTS SHOWN THUS ■ HEREON W UB(AO ACTUALLY EXIST AND THEIR POSITIONS ARE Nathan Taft Corwin III 4 t1 W" for ,n the CORRECTLY SHOWN AND ALL DIMENSIONAL ,( 0641, Q' \ /N With a total of lot was AND GEODETIC DETAILS ARE CORRECT. {y approved on the above date. Water Suppbes .nd Se ge Disposal RTYFT V Ffcl.rdr ctlon Cand rm tsubJ subject to tieparat dperrmits effect nt the time 6 o a a n are a pemDost to thnee Land Surveyor g 4Ci hl'1 rke� develo me This ais rduly shall with v lid Ir f the Nit ubale year ti of this mate mop l duly filed with the County Clerk of thin one year BY 3r � of the e e Consent Is hereby given for the filing of this mop 0 2 7L _ which the endorsement .,Pimm the Office Publ of the County Clerk a THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED .....donee with the pravlsions of the Public Health Law and the Suffolk County Saint., Code. BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION Q0 Av V Y s� OF APPROVAL DATED Title Surveys — Subdivisions — Site Plans — Construction Layout / qAm O PHONE (631)727-2090 Fax (631)727-1727 yto A. Mme., P.E. OFFICES LOCATED AT MAILING ADDRESS CHAIRMAN PLANNING BOARD 322 ROANOKE AVE P.O. Box 1931 Director, Division of Environmental QU.Il T.�' RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 27-166C \j TOWN OF SOUTHOLD r. COPYRIGHT 2007, COUNTY OF SUFFOLK, N.Y. EXISTINGReal Property Taxmap parcel linework used with permission of 2007 . . ' LEGEND N D • • • Suffolk County Real Property Tax Service Agency(R.P.T S is Map is subject to revision. This malars not to be used for N This rendering is a DRAFT MAP in that i)the data displayed is surveying, conveyance of land or other precise purposes. an interagency or intra agency work'produced for the purpose Tax map base provided courtesy of Real Property Tax Service Agency of identifying and correcting data. It is not a final agency Low Density Residential determination. It is not statistical or factual compilation of LAND USE y by data. In some cases coated data has been left out and E questionable or inaccurate data has been exaggerated to help p Medium Density Residential identify errors. In short, this is a DRAFT MAP produced in an {� L, ,J effort to aid in the correction of data and is not held out Town of S O U t h O I d as being complete or accurate in any way. High Density Residential S "excerpted from (F.O LL.) the previsions of the Suffolk County, New York Freedom of Information Law[Public Officers Law Commercial Article 6 Section 84-90] by section 87.2.g SEE I NSET Industrial r. .., ... .....,... ..,. Institutional 0 0.5 1 2 3Miles Recreation and Open Space y Agricultural 1; - i - Vacant N.Y. C.T. Transportation '� Block Alaild Utilities � z v N.J. Waste Handling and Management q „• rc,Y zi- i 50TTWE- ,� Underwater Land m PRO" � xrEo�,r, A LOCATION MAP 1 I s- � L � �Y Shelter r' F Island s r, \ c 2 n _ "rN f Yor ra/r INSET l"l� i V •V utters l.daud a • kunr<l � Some/ Riverhead - a j l inlc Pe,uric l : - \ 5 . . � t East Hampton Southampton l ' Hack ]clrfod • ,i , hburul 1 : 0 1 2 3 \ t . ..................... .... ..... . .. . .. ..... . . . . ... . ... .Miles. ... ........ . ........ . .. . .. .. December 8. 2008 - CD-08-237 II > a d � m x 4. n. � p . z., Ns a � l 3 B S'} �4 �a ate' :.. '• �"., 'tip - 2 '"� r it t d _ r. p t ' s, by / !7 r u e✓S jVr AA,e,(Uk- C9. 0 oaat Live Search Maps - Windows Internet Explorer + mp;ffmaps,liveOY3M1 + fi� �� GoogleJU1kxNDA2M]UIN2UxM 4 Mzk5NDUOOTk ODY23TdILTE Ni4OD Flle Edit View Favorites Tools Help MAN = Actinidia deliciosa i'IT 4 Search rj Total Protection I, jR AVG InFo - I' Get More n Live Search Maps - - - Page Tools Live Search i NISN I )16ridows Live Hnfted States I cashbac�,. i Sign in Atr LIVe marchrrlctorla drive Southold, ny �I „Malas �— -- — - -- - Busunesses People Collections Locations ! Web welcome directions collections+ options share i print _ II lie few Rd Ext - - — - - — - -. r - - - - - — - - - N Bayview Rd Ext I 1' ®apviewu Rd Ext - -- - N Bayview Rd Ext _. 1 ra P i i '' I 1• li I" I ` LitaertyLn - 4C ,4 1 1 I 1 � I I I 1 V ' 1 za yds Virtual EartV 7'I �' %JFJif I,Jn7lM�lf3Ym r�PJJi7 'Ff=^_ 1Ar r� - I Privacy I Legal I - I - pI -- . 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