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Home My WebLink About1000-10.-5-8.3DARBIE$ COVE QUALITY CONTROL CERTIFICATION GROUP REVIEWED PROJECT MANAGER BLOCK 44 LOTS I & 2 N 48'58~30' RIGHTS OF' BLOCK 44 - (BRUSH ~ TREES MAY BE./ REDUCED IN HEIGHT TO ' ELEVATION 62,$71') N/~ WALTER C. FLOWER I11 BLOCK 44 LOT 5 MON, 'I=OUNO) LIMITS OF LAWN AREA SAMES M. ~ DIANNE M. BAI~R I~LOC~ 4~ . ~T ~ ~OISTRICT 1000 SEC, 010 BLOCK 5 LOT g) N/F R/CHARD S. & PATRICIA M, BAKER BLOCK 44 LOT 15 / / 4ON. HOLE (?OUNO) POOL , N/F WALTER C. FLOWER III BLOCK 44 LOTS 5, 4 & 5 (DISTRICT lOOO S£C, 010 BLOCK 5 LOT RESIDENCE '5.80' 4-21 LOCATION MAP SCALE 1"=400' TENNIS COURT 1,) PROPOSED SET-OFF PLAN THEODORE N. DANFORTH PROPERTY AT FISHERS -- / ISLAND/NEW YORK SCALE 1"=100' CHANDLER, PALMER & KING NORWICH, ~ CONNECTICUT MAY 1984. ~,~/ _~ 1.) THiS SU~EY WAS PREPARED FOR THE PART~ES AND PURPOSE INDICATED / ~ HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO / ~ BE~EEN THE CLIENT AND THE SUR~YOR EXCEEDS THE SCOPE OF THE / DRIVEWAY ( PORTION OF I.~ ENGAGEMENT, g~ ,.--, ,, BLOC, 4.4. - LOT7 EXISTING FIDCO ROAD [ /' %., ~ TO BE MERGED WI; H I 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS TO BE CONVEYED TO / BLOCK 4.4 - LOTS ,3, 4. ,~ 5 ACTINO UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR. TO ALTER AN ~Z · S c. LOWER. ,,,_, ,,, ,,, , .__.-- 4.7,7,.. ,TEM ,N ANY WAY. AREA 0.39.+_ ACRES ~ ] ? ~,~/~ 3.) ONLY COPIES OF THIS SURVEY MARKED W.!TH THE LAND SURVEYOR'S Ld 0 '. , SIGNATOIE AND AN ORIGINAL EMBOSSED OR ,,,K SEAL ARE THE PRODUCT OF -i i:~ L~. ~_j ~1~ ~16,862+ S,F~ I ~ ~, PAVES THE LAND SURVEYOR. \ ~ ~,,.,~ AREA \\ --"~¢',,-,6' ~'/ ¢,) COORDINATE [~ISTANCES ARE MEASURED FROM U,S, COAST AND DEODETIC N Survey 7ANOULAT,ON STAT,ON N,N, IS' 1217.21 34.77,02 I~ON PIPE NyF CONSERVATK}N 'E*,Sl~HE34T AREA N 56'51'05" / THE HENR'¢ L. FERGUSON MON. / INC, AREA m 40,7204- S.F, N 1182.49 (FOUND) ~ 37,4~' 3061.41 83,9o' FISHERS ISLAND CLUB, INC. BLOCK 44 LOT 14 52,91' PROPOSED 5' UTILITY EASEMENT LIMITS LANDSCAPED AREA NB7'5,3'34"W ~,55'59'53"W PORTION OF BLOCK 44 - LOT 7 '-TO BE DEEDED TO BLOCK 44 - LOT 6 AREA -- 7,101:~ S.F. N/~ FISHERS ISLAND DEVELOPMENT CORP, BLOCK 44 LOT 8 PORTION OF BLOCK 4.4. - LOT 7 TO BE DEEDED TO THE HENRY L. FERGUSON MUSEUM, INC. AREA -- 61,2805: S,F. PROPOSED AREA 9.96+ ACRES $,89± ACRES 0,0± ACRES 1,41± ACRES 1232.19 .'o %% 'x PROPOSED LOT AREAS OWNER/BLOCK/LOT ¢'xIiSIINC AREA WALTER C. FLOWER III - BLOCK 44 LOTS 3, 4 & 5 8.48± ACRES JAMES M. & DIANNE M. BAKER - BLOCK 4~ LOT 6 3.73± ACRES FISHERS ISLAND DEVELOPMENT OORP. - ROAO 0.39± ACRES TO BE CONVEYED TO HENRY L. FERGUSON MUSEUM- 2.67± ACRES BLOCK 44 LOT 7 APPROVED BY PLANNJlqG ~OARD TOWN ,'~J $O'JTHOLD DATE HA~ ' 8 2010 DATE: SCALE: = 60' N/F NOW OR FORMERLY SQUARE FEET FENCE RETAINING WALL 6O SHEET 10F1 PLANNING BOARD MEMBERS IV~ARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI March 9, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Stephen L. Ham, III, Esq. c/o Matthews & Ham 38 Nugent Street Southampton, New York 11968 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Final Approval: FIDCO, Flower and Baker Lot Line Change Located at (no #) private road off East End Road, Fishers Island SCTM#1000-10-5-8.3, 9 and p/o 12.9 Zoning District: R-120 Dear Mr. Ham; The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 8, 2010: WHEREAS, this proposal is for a lot line change where SCTM#1000-5-12.9 will decrease in size from +/-561,924 square feet to +/-404,492 square feet. SCTM#1000-5-8.3 will increase in size from +/-369,388 square feet to +/-433857 square feet. SCTM#1000-5-5.9 will increase in size from +/-162,478 square feet to +/-169,448 square feet. No new building lots will be created. SCTM#1000-5-12.9 (Lot 44-7) will become more non-conforming while SCTM#sl000-5-5.7(Lot 44-3, 3 and 5) and 5.9 (Lot 44-6) will become larger; and WHEREAS, the Southold Town Planning Board granted Conditional Final Approval on the above-referenced application on November 9, 2009 subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy of each to this office; and WHEREAS, a copy of the new deeds filed with the Office of the Suffolk County Clerk pertaining to this lot line change were provided to this office on February 11, 2010; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Approval on the survey prepared by CME Engineering, Land Surveying and Architecture, PLLC. If you have any questions, please do not hesitate to contact this office. Very,~ruly yours, Martin H. Sidor Chairman Encl. cc: Assessors Building Dept. Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re; .,~ .'- "f-e~ruary 9, 2010 Proposed Lot Line Change for ~er C. Flower III, Fishers:Island Dovolopmont Corporation and Oa~os,M. Bakor & Diano Bakor (SCTM Nos. 1000-010.00-0¢.OCb~}003, 009.000 & p/o 012.009) Dear Board Members: By resolution adopted on November 9, 2009, you granted conditional final approval for the referenced lot line change. In satisfaction of the condition to the approval, I have enclosed certified copies of the deed from Fishers Island Development Corporation to Walter C. Flower, III covering the FIDCO road spur and all of FIDCO Lot 44-7 and the deed from Walter C. Flower, III to James M. Baker and Diane M. Baker covering the 7,101-square-foot parcel in the middle of FIDCO Lot 44-7 that will serve as access to FIDCO Lot 44-6. These deeds, which contain language providing for the merger of the lands conveyed to and retained by Flower with other lands of Flower adjoining on the north and for the merger of the 7,101-square-foot parcel conveyed to the Bakers with their FIDCO Lot 44-6 adjoining on the west, were recorded in the Office of the Suffolk County Clerk on January 20, 2010 in Liber 12613 at pages 637 and 638, respectively. Based upon the foregoing, I respectfully request that you endorse the final maps and forward the usual number of prints to me. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures cc: John D. Wogan, Esq. (w/o enclosures) COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-4714 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original instrument DEED recorded in my office on0112012010 under Liber D00012613 and Page 637 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0210812010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED ~m~er of Pages: 7 Receipt N-m~er : 10-0007563 TRANSFER TAX NUMBER: 09-14468 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 010.00 05.00 EXAMINED AND CHA~GHD AS FOLLOWS $269,500.00 01/20/2010 10:11:36 AM Received the Following Fees For Above Instrument Exempt Page/Filing $35.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $8.75 NO RPT Transfer tax $1,078.00 NO Com~.Pres Fees Paid TRANSFER TAX NUMBER: 09-14468 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012613 637 JUDITH A. PASC~?.m County Clerk, Suffolk County Lot: 012.022 $20.00 $15.00 $250.00 $0.00 $50.00 $3,890.00 $5,361.75 Exempt NO NO NO NO NO NO Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED 2010 Jan 20 10:11:36 AM JUDITH R. PASCflLE CLERF. OF SJ_IFFDLK COUNT? L D0001261~ 31 Page / Filing Fee Handling TP-584 Notation UA-52 17 (County) Comm. of Ecl~/ Affidavit NYS Surcharge Other SubTotal FEES 4--'-~oist. I 10000976 zooo o~ooo o5oo 03.2022 ReaIProperty" ~ 1000 0~000 0500 03.3005 Tax Service Agency Verification C)° 6 8~ 5. O0 15. 00 SubTotal Grand To~a~~:~ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: JOHN D. WOGAN, ESQ. LISKOW & LEWIS ONE SHELL SQUARE 701 POYDRAS STREET, SUITE 5000 NEW ORLEANS, LA 70139 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./AssU. or Spec./Add, TOT. MTG. TAX Dual Town __ Dua~ County -- Held for Appoinmlent__ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only, YES or NO__ If NO, see appropriate tax clause on page # of this instrument. OI. Oq~ lO Community Preservation Fund Consideration Amount $ 269,500 axDue , 3 890 /~ ImproYed TD Mailto:JudithA. Pascale, SuffolkCountyClerk ] 7 J Title Company lnformadon 310 Center Drive, Riverhead, Ny 11901IC°'Name Chica~o Tii:J.e I~surance Com[aaa¥ www.suffolkcou ntyny.gov/clerk Title t~ 3809 - , Suffolk County Recording & Endorsement Page This page forms part of the attached by: FISHERS ISLAND DEVELOPMENT CORPORATION DEED (SPECIFY TYPE OF INSTRUMENT} The premises herein Is situated In SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of SOIITHC)I,D WALTER C. FI,OWER I11 IntheVILLAGE or HAMLET of FISHERS ISLAND BOXES ~i THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FLUNG. toveO CONSULT YOUR LAWYER BEFORE S GOTH S NSTRUMENT-TNIS INSTRUMENT SHOULD BE USED BY'ERS ONLY THIS INDENTURE, mede the '~ay of December, two thousand nine, BETWEEN FISHERS ISLAND DEVELOPMENT CORPORATION, a New York corporation with offices al (no #) Equeslrian Avenue, P.O. Drawer E, Fishers Island, New York 06390, party of the first part, and WALTER C. FLOWER, III, 408 Magazine Street, New Orleans, Louisiana 70130, party ofthe second pad, WlTNESSETH, that the party of the first part, in consideration of Two Hundred Sixty-Nine Thousand Five Hundred and 001100 ......................... ($269,500.00) ............................................... -dollars 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, Afl those certain plots, pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southoid, County of Suffolk and State of New York, being more padiculady bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE Block 44- Lot 7 and a portion ol a private road lying between said Block 44 - Lot 7 and Block 44. Lots 4, 5 and 6, all as shown on the Map of Fishers IsJand Oevelopruent Corporation, which said Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421, also constituting a portion of the same premises conveyed Io the party of the first part by deed recorded in the Office of the Suffolk County Clerk on December 7, 1966 in Liber 6083 page 280. SUBJECT TO Declaration, dated June 22, 2009 and recorded in the Office of the Suffolk County Clerk on July 13, 2009 in LIber 12593 page 222 and to covenants, rest~'ictions and agreements set forth in Schedules A and B hereto. By accepting this deed, the party of the second part acknowledges and agrees that the premises conveyed hereby, to the extent thai separate portions thereof are not further conveyed (pursuant to the lot line change approved by the Town of Southold Planning Board) to James M. Baker and Diane M. Baker and to The Henp/ L. Fepgoson Museum, Inc. by deeds recorded im mediately after Ihe recording of this deed, shall merge with and become a part of other premises of the party of the second part adjoining the premises conveyed hereby on the · north and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. TOGEYHER with the appurtenances and all the estate and righls of the party of the first par[ 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 1orever. AN D the party of the first par[ covenants that the party of the first part has not done or suffered anything whereby the said preruises have been encumbered in-any way whatever, except as aforesaid. AND the party of the first par[, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and w~l hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improveruent and will apply the same first to the payment of the cost of the improvement bei'ore using any part of the total ol the same for any other purpose. The worci "party" shall be construed as if it read "parties" whenever the sense of this indenture 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: FISHERS ISLAND DEVELOPMENT CORPORATION ~(ath~'yn M.-F~'s})rrs', 'Pr~,sident D./~.~ ~*c~(,c/~ TO BE USED ONLY WHERE ACKNOWLEDGMENT IS MADE IN NEW YORK STAT;: State of New York, County of ss,: State of New York, County of ss,: On the day of in the year before me. the On the day of in the year undersigned, personally appeared before me, the undersigned, personally appeared personalJy known to me or proved Io me on the basis of personalty known to me or proved to me on the basle of satisfactory evidence to be the individuals whose names are satistactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and he/sha/they executed the same in his/berlthe[r capacities, and that by their signatures on the instrument, the individuals, or the that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the person upon behalf of wMch the individuals acted, executed the instrument, instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE Stale of Connecticut; County of New London ss.: Ontha ~ 7~ay of December in the year 2009 deforo me, fha under~ignod, personally appoared Kathryn M Parsons personally known to me or proved to mo on Ibe 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 Ihe instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the p ~.e.~' · in the State of Connecticut. (insert the City or other political subdivision) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. 3809 - 00509 FISHERS ISLAND DEVELOPMENT CORPORATtON TO WALTER C. FLOWER, {signature and office of individual taldng acknow~'Edgment ) Notary Public IM l~athleen Mary Radovlch otaxy P~blic, Connecticut y Commfsslon ExplreJ AU~ 31, 2011 DISTRICT 1000 SECTION 010.00 BLOCK 05.00 LOTS plo 012.009 & plo 013.001 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADORESS (no #) private road off East End Road Fishers Isiand, New York 06390 RETURN BY MAiL TO: RESERVE T~IS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A to DEED Pady of the First Part: FISHERS ISLAND DEVELOPMENT CORPORATION Party of the Second Part: Walter C. Rower, III Deed Dated: December 90, 2009 ALL those certain plots, pieces or parcels of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: PARCEL ONE FIDCO LOT 44 - 7 BEGINNING at a point in the southwesterly line of a private road fifty feet wide, said point being located 3019.12 feet West of a point which is 1232.19 feet South of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN"; and RUNNING THENCE South 50'47' 09" West, 407.11 feet to a point; THENCE North 43°45' 36" West, 162.00 feet to a monument; THENCE North 11 ° 05' 00" West, 198.81 feet to a monument; THENCE South 65°32' 20" East, 40.00 feet to a point, said point being at a point of curve to the right having a radius of 207,98 feet and the direction of whose radius at that point is South 65~32' 20" East; THENCE northeastwardly and eastwardly following the arc of said curve, 287.90 feet to a point of curve to the right having a radius o1269,15 feet and the direclion of whose radius at that point is South 13°46' 30" West; THENCE southeastwardly following the am of said curve, 141.03 feet to a point in the southwesterly line of said private mad, said point being al a point of curve to the left having a radius of 596.80 feet and the direction of whose radius at that point is North 57 ° 06' 15" East; TH ENCE southeastwardly along said road line and following the arc of said curve, 110.67 feet to the point or place of BEGINNING. Containing 2.67 acres, more or less. SUBJECT TO covenants, restrictions and agreements set forth on Schedule B hereto and to the following restriction: the use of that portion of the above described premises remaining in the ownership of the party of the second part (after the conveyance of other portions of such premises to third parties by deeds to be recorded immediately after the recording of this deed) shall be limited to planting and landscaping only except to the extent such portion of the above-described premises is encumbered by the conservation easement to be granted by the party of the second part to The Henry L. Ferguson Museum, Inc. and recorded immediately after the recording of this deed. PARCEL TWO PORTION OF PRIVATE ROAD BEGINNING at an iron pin set in the northwesterly line of the herein described tract, said pin being located 3445.86 feet West of a point which is 1117.00 feet South of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and also located at a point of curve to the right having a radius of 247.98 feet and the direction of whose radius at that point is South 48° 50' 40" East; and RUN NING THENCE northeastwardly following the arc of said curve, 126.36 feet to a point of curve to the right having a radius of 247.98 feet and the direction of whose radius at that point is South 19° 39' 00" East; THENCE eastwardly following the arc of said curve, 144.67 feet to a point; THENCE South 76° 13' 30" East, 55.47 feet to a point of curve to the left having a radius of 8.84 feet and the direction of whose radius at that point is North 13° 46' 30" East; THENCE northeastwardly following the arc of said curve, 9.39 feet to a point in the southwesterly line of a pdvate road fifty feet wide, said point also being at a point of cu rye to the left having a radius of 596.80 feet and the direction of whose radius at that point is North 67° 27' 46" East; THENCE southeastwardl'y along said road line and following the arc of said curve, 107.92 feet to a point, said point being at a point of curve to the left having a radius of 269.15 feet and the direction of whose radius at that point is South 43° 47' 28" West; THENCE northwestwardly following the arc of said curve, 141.03 feet to a point of curve to the left having a radius of 207.98 feet and the direction of whose radius at that point is South 13° 46' 30" West; THENCE westwardly and southwestwardly following the arc of said curve, 287.90 feet to a point; THENCE North 65° 32' 20" West, 40.00 feet to a monument at a point of curve to the right having a radius of 248.00 feet and the direction of whose red[us at that point is South 65° 32' 20" East; THENCE northeastwardly following the arc of said curve, 72.19 feet to the iron pin at the point or place of BEGINNING. Containing 0.39 Acres, more or less. SUBJECT TO covenants, restrictions and agreements set forth on Schedule B hereto. SCHEDULE B to DEED Party of the First Part: FISHERS ISLAND DEVELOPMENT CORPORATION Party of the Second Part: Walter C. Flower, III Deed Dated: December~ , 2009 The premises described in Schedule A hereto are conveyed subject to the following covenants, restrictions and agreements. That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites. That no building or other slructure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. Thai no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after April 15, 2005, the grantee, his heirs, successors and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park," shall not exceed in any one year $100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park", shall not exceed in any one year $2,000 per parcel, said charge to be applied to the maintenance, repair and improvement ol roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt of a wdtten statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, ils successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to lhe amount collected pursuant to this paragraph. CC #: C10-2036 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certif7 that I have compared the annexed with the original DEED recorded in my office on0'1120/2010 under Liber D00012613 and Page 638 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0112012010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Recorded: At: Deed Amount: Type of Instrument: DEED N,,mher of Pages: 7 Receipt N,,mher : 10-0007563 TRANS~R TAX NUMBER: 09-14469 LIBER: D00012613 PAGE: 638 District: Section: Block: Lot: 1000 010.00 05.00 012.024 EXAMINED AND CHARGED AS FOLLOWS $5O0.00 01/20/2010 10:11:36 AM Received the Following Fees For Above Instrument Exempt Page/Filing $35.00 NO Handling $20.00 COE $5.00 NO NYS SRCHG $15.00 EA-CTY $5.00 NO EA-STATE $250.00 TP-584 $5.00 NO Notation $0.00 Cert. Copies $8.75 NO RPT $30.00 Transfer tax S0100 NO Comm. Pres $0.00 % Fees Paid $373.75 TRANSFER TAX NUMBER: 09-14469 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt NO NO NO NO NO NO JI/DITH A. PASC~?.~ County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps 31 FEES Page/Filing Fee Handling _,~. 00 TP-$84 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. 30 / Comm. of Ed. 5. O0 CCe 'rtdavit ified Co~ N¥S Surcharge 15. O0 Other 4 I Dist. Real Property Tax Service Agency Verification 6 8 Sub Total Grand Total 10000988 xooo osooo 0500 os2o24 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: STEPHEN L. HAM, III, ESQ. MA'ITHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11968 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO /If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ 500 CPFTax Due $ 0 Improved Vacant Land v/ TD TD TD Mail to: Judith A. Pascals, Suffolk County Clerk C7o. Lme Title Company Information 310 Center Drive, Riverhead, NY 11901 Chicago Title Insurance Company www.suffolkcountyny.gov/clerk Tit e # 3809 - Suffolk County Recording & Endorsement Page This page forms part of the attached by: WALTER C. FLOWER, III DEED (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of SOUTHOLD JAMES M. BAKER and DIANE M. BAKER In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lover) 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 T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January lO,h and on or before May Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631 ) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 dw 2/99 Sincerely, Judith A. Pascale Suffolk County Clerk CONSULT YOUR LAWYER Ib ORE S|GNIN THIS IN STRUMENT-THIS INSTRUCT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the~O¢ day of December, two thousand nine, BETWEEN WALTER C. FLOWER, III, 408 Magazine Street, New Orleans, Louisiana 70130, party of the first part, and JAMES M. BAKER and DIANE M. BAKER, 52 Armand Road, Ridgefield, Connecticut 06877, 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, Ail that certain plot, piece or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE a portion of Block 44 - Lot 7 as shown on the Map of Fishers Island Development Corporation, which said Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421, also constituting a portion of the same promises conveyed to the party of the first part by deed from Fishers Island Development Corporation, dated December ,2009, to be recorded in the Office of the Suffolk County Clerk immediately prior to the rocording of this deed. TOGETHER WITH an easement for the installation and maintenance of buried utilities as more particularly described on Schedule A hereto. SUBJECT TO Declaration, dated June 22, 2009 and recorded in the Office of the Suffolk County Clerk on July 13, 2009 in Liber 12593 page 222 and to covenants, restrictions and agreements set forth in Schedules A and B hereto. By accepting th is deed, the party of the second part acknowledges and agrees that the premises conveyed hereby shall merge with and become a part of other promises of the party of the second part adjoining the premises conveyed hereby on the west, said other premises being known as Block 44 - Lot 6 on said Map of Fishers Island Development Corporation, and shall not constitute a separate building site under applicable laws, ordinances, rules and regulations. 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 wheroby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever, the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Walter C. Flower, IH Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Act~ Uniform Acknowledgment TO BE USED ONL't~HEN THE AcKNOWLED'GMENT1S MADE II~W YORK STATE State of New York, County of SS.: On the day of in the year undersigned, personally appeared before me, the personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf Df which the individuals acted, executed the instrument. State of New York, County of SS,; 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 individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State of Louisiana; Parish of I~ t I ¢~-.~5 ss.: On the '3~~'e' day of December in the year 2009 before me, the undersigned, personally appeared Walter C. Flower, III 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, and that such individual made such appearance before the undersigned in the /';,~ O~c ~de~ ~h, la:~$ in the State of Louisiana. (inseK t~e Ci~ or other political subdivision) Nota~ Pu~io State of Louisiana (sig [ ledgment) Louisiana State Bar g13629 Nota~ Public My Commission Is Issued for Life ~ ~ ~ ~ ~' 3 ~ BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. 3809 - 00509 WALTER C. FLOWER, III TO JAMES M. BAKER and DIANE M. BAKER STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRFrERS D[sf~buted by DISTRICT 1000 SECTION 010.00 BLOCK 05.00 LOTS p/o 012.009 COUNTY OR TOWN SUFFOLK - SOUTHOLD STREET ADDRESS (no #) private road off East End Road Fishers Island, New York 06390 RETURN BY MAIL TO: RESERVE THIS SPACE FOR USE OF RECORDING OFFICE SCHEDULE A to DEED Party of the First Part: Walter C. Flower, III Party of the Second Part: James M. Baker and Diane M. Baker Deed Dated: December 30 , 2009 ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road fifty feet wide, said point being located 3061.41 feet West of a point which is 1182.49 feet South of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN"; and RUNNING THENCE South 55 ° 59' 53" West, 139.48 feet to a point; THENCE North 87° 53' 34" West, 151.92 feet to a point; THENCE North 83 ° 55' 18" West, 62.91 feet to a point; THENCE North 79° 33' 53" West, 83.90 feet to a point at lands of James M. Baker & Diane M. Baker; THENCE North 11 ° 05' 00" West, 16.12 feet along said lands of Baker to a point; THENCE South 79°33' 53" East, 89.25 feet to a point; THENCE South 83 ° 55' 18" East, 61.82 feet to a point; THENCE South 87°53' 34" East, 146.51 feet to a point: THENCE North 55°59' 53" East, 103.82 feet to a point; THENCE North 01 ° 30' 01" East, 37.43 feet to a point; THENCE North 56° 51' 05" East, 8.18 feet to a point in the southwesterly line of said private road, said point being at a point of curve to the left having a radius of 596.80 feet and the direction of whose radius a that point is North 57°06' 15" East; THENCE southeastwardly along said road line and following the arc of said curve, 45.37 feet to the point or place of BEGINNING. Containing 7,101 square feet, more or less. TOGETHER WITH an easement for the installation and maintenance of buried utilities, said easement being five feet in width and extending from said private road southwesterly and westerly to said other lands of the party of the second part, also known as Block 44 - Lot 6 on the Map of Fishers Island Development Corporation (Map No. A421 filed September 25, 1991), said easement being adjacent to and southerly of the southerly boundary of the above described tract or parcel. SUBJECT TO the following covenants and restrictions which may be amended or modified at any time by Fishers Island Development Corporation and The Henry L. Ferguson Museum, Inc. or their successors in interest, acting jointly. The above described tract or parcel may be used only for ingress and egress by pedestrians and vehicles to and from other premises adjoining on the west known as Block 44 - Lot 6 on said Map of Fishers Island Development Corporation and for the installation, maintenance and repair of utilities servicing said Block 44 - Lot 6. Any driveway on the above described tract or parcel shall be constructed with native brown gravel or native brown processed stone, except where macadam may be required due to the grade, in which case the macadam shall be topped with native brown gravel. There shall be no lawn, planting, fencing or other landscaping on the above described tract or parcel other than clearing at its boundaries. SCHEDULE B to DEED Party of the First Part: Walter C. Flower, III Party of the Second Part: James M. Baker and Diane M. Baker Deed Dated: December 3~, 2009 The premises described in Schedule A hereto are conveyed subject to the following covenants, restrictions and agreements. That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by Fishers Island Development Corporation, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of Fishers Island Development Corporation, its successors or assigns. That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after April 15, 2005, the grantee, his heirs, successors and assigns, by the acceptance of this deed, covenants and agrees to pay to Fishers Island Development Corporation, its successors or assigns: (a) an annual basic maintenance charge, as fixed by Fishers Island Development Corporation, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park," shall not exceed in any one year $100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by Fishers Island Development Corporation, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park", shall not exceed in any one year $2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate Fishers Island Development Corporation, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall Fishers Island Development Corporation, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of Fishers Island Development Corporation, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OI~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 10, 2009 Stephen L. Ham, III, Esq. c/o Matthews & Ham 38 Nugent Street Southampton, New York 11968 Re; Conditional Final Approval: FIDCO, Flower and Baker Lot Line Change Located at (no #) private road off East End Road, Fishers Island SCTM#1000-10-5-8.3, 5.9 and p/o 12.9 Zone: R-120 Dear Mr. Ham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 9, 2009: WHEREAS, this proposal is for a lot line change where SCTM#1000-10-5-12.9 will decrease in size from +/-561,924 square feet to +/-404,492 square feet. SCTM#1000- 10-5-8.3 will increase in size from +/-369,388 square feet to +/-433857 square feet. SCTM#1000-10-5-9 will increase in size from +/-162,478 square feet to +/-169,448 square feet. No new building lots will be created. SCTM#1000-10-5-12.9 (Lot 44-7) will become more non-conforming while SCTM#sl000-10-5-8.3 (Lot 44-3, 4 and 5) and 9 (Lot 44-6) will become larger; and WHEREAS, this application was submitted to the Southold Town Planning Board on April 2, 2009; and WHEREAS, this application required an area variance for an already non-conforming lot from the Southold Town Zoning Board of Appeals; and WHEREAS, on May 18, 2009, the Southold Town Planning Board supplied comments in support of granting the requested relief for this proposed lot line change to the Southold Town Zoning Board of Appeals; and WHEREAS, on August 18, 2009, the Southold Town Zoning Board of Appeals granted the requested area variance for this application; and FIDCO/Flower/Baker PaRe Two November 10, 2009 WHEREAS, on September 28, 2009, the Southold Town Planning Board reviewed the application at their Work Session; and WHEREAS, based on this review, requests for comments were sent to the Town of Southold's Engineer and the Highway Superintendent; and WHEREAS, on September 30, 2009, the Town of Southold Engineer provided recommendations regarding the proposed lot line change; and WHEREAS, on October 16, 2009, the applicant submitted a filed Map of Fishers Island Development Corporation (FIDCO) (Map No. A-421), filed September 25, 1991, with the Office of the Suffolk County Clerk, stamped with Suffolk County Department of Health Services approval; and WHEREAS, on November 2, 2009, the Town of Southold Planning Board agreed with the recommendations from the Southold Town Engineer; and WHEREAS, the Southold Town Planning Board has the ability to waive the public hearing for this lot line change pursuant to Southold Town Code §240-56 for the following reasons: 1. This proposed lot line change is eliminating a previously buildable lot. 2. This proposed lot line change is preserving 102,000 +/- square feet of land in perpetuity by both deeding land and providing a Conservation Easement Area to the Henry L. Ferguson Museum, Inc. 3. This proposed lot line change has no significant negative environmental effects, and does not impact future planning of the affected parcels or surrounding area; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itseff as lead agency, and as lead agency, performs an uncoordinated review of this Unlisted Action; and be it further RESOLVED, that the Southold Town Planning Board makes a determination of non- significance and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval upon the survey map, dated April 2, 2009, prepared by CME Engineering, Land Surveying and Architecture, PLLC, subject to the following condition: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. FIDCO/Flower/Baker Page Three November 10, 2009 This condition must be met within six (6) months of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment of the condition, the Planning Board will issue final approval and authorize the Chairperson to endorse the final surveys. 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 Encl. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OFSOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'~ICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 9, 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 Lot Line Change for FIDCO/Flower/Baker SCTM#: SCTMs#10-5-8.3, 9 and plo 12.9 Location: (no #) private road off East End Road, Fishers Island SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This lot line change where SCTM#1000-5-12.9 will decrease in size from +/-561,924 square feet to +/-404,492 square feet. SCTM#1000-5-8.3 will increase in size from +/-369,388 square feet to +/-433857 square feet. SCTM#1000-5-9 will increase in size from +/-162,478 square feet to +/-169,448 square feet. No new building lots will be created. SCTM#1000-5-12.9 (Lot 44-7) will become more non- conforming while SCTM#s1000-5-8.3 (Lot 44-3, 4 and 5) and 9 (Lot 44-6) will become larger in the R-120 Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. ~Declaration Page Two November 9 2009 The determination was based upon the following: This lot line change will not have any undesirable impacts on the surrounding neighborhood or adjacent properties. This lot line change is being sought to provide private access to two already existing lots while eliminating another buildable lot. In turn, this lot line change will create preserved land from the previously buildable lot by deed and conservation easement to the Henry L. Ferguson Museum, Inc. The resulting lots will be similar in size to surrounding lots. Therefore, 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 Sanitary Code and will not be expected to adversely affect groundwater quality. 1. 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. 2. 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 as a result of this lot line change. 3. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. 4. 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. 5. No major change in the use of either the quantity or type of energy will occur. The existing lot will continue to have only the pre-existing single-family dwelling and one buildable lot is being eliminated. 6. No creation of a hazard to human health will occur as a result of this lot line change. 7. The proposed action will not cause a substantial 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. 8. 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 Southold Town Planl Board Work Session - November 2 Two Project name: Arthur Foster/North Fork Foster Yardi SCTM#: I 1000-96.-1-1.5 Location: 350 Commerce Drive/at the s/e intersection of Commeme Drive and Corporate Drive, Cutchogue Description: Site plan and subdivision. Site plan for a re-handling yard including a building, and stockpile of fill on 3.24 acres. LI Zone. & 3 lot subdivision Status: Expired site plan approval and expired Standard Subdivision Sketch Plan Action: Consider next steps for site plan and subdivision and how the two should coincide. Attachments: Staff report Project name: I Guadagno, Patrick I SCTM#: I 1000-27-1-2 Location: North side of Omhard Street, approx. 1008' west of Platt Road, in Orient. Description: Standard subdivision of 10 acres into 2 lots where Lot 1 is 1.5 acres & Lot 2 is 8.5 acres, inclusive of a 2.5-acre building envelope and 6 acres of subdivision open space. Status: Conditional Sketch - Expired Action: Re-issue sketch approval Attachments: Resolution Project name: Southview Preserve I SCTM#:I 1000-87-5-21.4, 21.7, 21.8, 21.9, 21.10 & 21.11 Location: South side of Main Bayview Road, 900' east of Cedar Drive, in Southold Description: Standard subdivision of 14.54 acres into 3 lots where Lot I equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. Status: Conditional Preliminary Approval Action: Resolution rescinding public hearing Attachments: Resolution Project name: FIDCO/Flower I SCTM#: I 1000 10.-5-8.3,10.-5-9, 10.-5-12.9 Location: (no #) private road off East End Road, Fishers Island Description: Lot line change where SCTM#1000-5-12.9 will decrease in size from 561,924 s.f. to 404,492 s.f., #1000-5-8.3 will increase in size from 369,388 s.f. to +/-433857 s.f., #1000-5-5.9 will increase in size from 162,478 s.f. to +/-189,448 s.f. No new building lots created. R-120 Status: Open Action: Grant Conditional ~inal Attachments: Resolution Project name: Torrell, Arthur I SCTM#: I 1000- 33.-2-10, 33.-2-11 Location: On Westwood Lane, 300 feet north of Homestead Way, Greenport Lot line modification to transfer 2,430 s.f. from Parcel 1 (SCTM#1000- 33-2-10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 SCTM#1000-33-2-11 ), increasing it from 24,756 s.f. to 27,186 s.f. Conditional Final Description: Status: Action: Grant Final Attachments: Resolution ~ATTHI/WS & HA31 ATTORNEYS AND {]0UIgSRLORS A.T LAW ~8 NUGENT STREET SOUTHA~PTON, NEW YOaK 11968 October 16, 2009 Ms. Tamara Sadoo Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: Proposed Lot Line Changes for Walter C. Flower Ill, Fishers Island Development Corporation and James M. Baker & Diane M. Baker (SCTM Nos.1000-010.00-05.00-008.003, 009.000 & plo 012.009) Dear Tamara: In accordance with our discussion this morning, I have enclosed a copy of the page from the filed Map of Fishers Island Development Corporation (Map No. A-421 filed September 25, 1991) showing, among other things, the Town Planning Board and Suffolk County Department of Health Services approvals (highlighted by me) and the parcel (Lot 44-7) and FIDCO road spur (each highlighted by me) that are the subject of the referenced application. Please let me know if you require any further information or documentation from me before this matter can be placed on the agenda for conditional final approval at the Planning Board's November 9 meeting. Sincerely, Enclosure Stephen L. Ham, III ~ILmSEP ~5891 FILED 34.9 ,I ~:-":,~ CHOr"O M OU NT COVE _-- ~., .... c ...... ,~ ..... s PLAN MADE FOR · ~"~"'"=~ '°~'°" ~'=~'='~ FISHERS ISLAND DEVELOPMENTCORP. PLANNING BOARD MEMI~ERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OI~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To~ From: Date: Re: Mark Terry, LWRP Coordinator Tamara Sadoo October 16, 2009 Lot Line Adjustment -FIDCO w/Baker, Flower and Ferguson Museum $¢TM#1000-10-5-8.3, 9 and p/o 12.9 The Planning Board refers this application to you for your information, comments, review, and certification, and SEQRA r ' ' ' evlew ff apphcable. The file is available at your convenience. Description This proposal is for a lot line change where SCTM#1000-5-12.9 will decrease in size from +/- 561,924 square feet to +/-404,492 square feet. SCTM#1000-5-8.3 will increase in size from +/- 369,388 square feet to +/-433857 square feet. SCTM#1000-5-5.9 will increase in size from +/- 162,478 square feet to +/-169,448 square feet. No new building lots will be created. SCTM# 1000-5-12.9 (Lot 44-7) wil I become more non-conforming while S CTM#s 1000-5 - 5.7(Lot 44-3, 3 and 5) and 5.9 (Lot 44-6) will become larger. Thank you for your cooperation. Tamara Sadoo Planner SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN Fax. 5¢ 5 g ~FI OF THE ENGINEER Martin H. Sider Chairman - P ann ng Boar~L...~;· Town Hall, 530.9,~?,Mffi~oad Southol~, New~.~l(: 11971 Re~ JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 TeL (631) - 765 - 1560 JAMIE.RICHTER~TOWN.SOUTHOLD.NY.US September 30, 2009 FIDCO / Flower/Baker Lot Line Change SCTM Ct: 1000 - 10 - 05 - 8.3, 9 & p/o 12.9 Dear Mr. Sider: As per a request from your office, I have reviewed the site plan for the above referenced lot line change. This Site Plan has been prepared by the office of CME Engineering, Land Surveying & Architecture, PLLC, and has a revision date of 11/05/08. Please consider the following: 1.) This requested lot line change will not create an immediate disturbance resulting from construction activities and/or grading of the site. Therefore, and at this time, there will not be a requirement to receive coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. However, depending on the actual quantity of clearing and grading that may take place during construction of the road and proposed residence, permit coverage may be required. 2.) The new Right-of-Way for the proposed drive has been indicated at a width of fifteen (15') feet. Standard Town Highway specifications require a minimum ROW of twenty five (25') feet for access to a single lot. This standard is considered a minimum for emergency access and it is recommended that this proposed ROW be widened to accommodate this requirement. The proposed 5' wide Utility Easement can be incorporated into the 25' ROW. 3.) In addition to the SWPPP / Drainage Plan for the future residential structure, the construction of the proposed drive will require the submission of a grading & drainage plan that must be submitted to the Building Department for review & approval prior to construction. 4.) The continued reference to dissimilar Block and Lot numbers that are inconsistent with the County Tax Map is confusing. This proposed lot line change will be a modification of the County Tax Map. Therefore, I would recommend that the reference to FIDCO map numbers be removed from the site plan. If you have any questions regarding this review, please contact my office. ~A. Richter, R.A. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James Richter, Engineering Inspector From: Tamara Sadoo Date: September 29, 2009 Re: FIDCO/Flower/Baker Lot Line Change Application Name: FIDCO/Flower/Baker Lot Line Change Tax Map Number: 1000- 10-5-8.3, 9 and p/o 12.9 Location: Fishers Island Type of Application: X (lot line change) Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: April 2, 2009) (Dated: ) (Dated: ) Road Proffies (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans Other (AS BUILT) (Dated: ) (Dated: ) Project Description: This lot line change will increase the area of the lot owned by Walter C. Flower, III (Block 44, Lots 3,4 & 5 from 8.48 to 9.96 acres, resulting in a decrease in Lot 44-7 from 2.67 acres to 1.42 acres. The newly created 61,280 square foot lot is to be deeded to the Henry L. Ferguson Museum. The newly created lot will be divided into a northern portion, encumbered by a conservation easement and a southern portion, encumbered by covenants restricting improvements. These two portions will be separated by a driveway through an approximately 7,101 square foot portion in the middle of the lot. Fee title to the driveway will be granted to James M. and Dianna M. Baker whose lot (44-6) it will serve. The current access for Baker's property is via Flower's entrance way. This proposed lot line change will create a replacement access for FIDCO lot 44-6 (Baker) so that disturbance to Flower's entrance will be avoided when the vacant Baker lot is developed. Additional Comments: Please review the proposed driveway for drainage issues, if any. Thank you for your cooperation. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 28, 2009 4:00 p.m. 4:00 p.m. Site Plans and Subdivisions [.Loq~i.0.nl ........... 397_50 C:R. 48, S0uth0!d .................................................................. ~ ' Description: This site plan is for the alteration of an existing building into a new winery totaling 11,541 sq. ft. that includes 813 sq. ft. of office, 837 sq. ft. for retail, 4,170 sq. ft. of a tasting room, 3,306 sq. ft. of storage area and ~ ,2 415 so,. ft. for production area on a 12.008-acre parcel in the A-C Zone.i Status: i Site Plan Review . Action: i Applicant requests the Planning Board to consider changes made to ther ~.PP[f3ved. ~!te..p!an.~ Attachmen. ts: ....... j None ..... j Location: n/e co[rial, of F.actory..A~en~e.&. N~S Route 2_5.,. M~i.tq~.k.. '"~'~:i'l~;~i~r~i ' This site plan is to convert an existing 1,950 sq. ff. gas station/convenience store to a retail store only (convenience store) and add a 685 sq. ft. addition, having a 2,635 sq. ft. building on a 24,829 sq. ........................... ff. parcel in the Business Zone. Status: New Site Plan i'~ii~ni ............................................................................................ Review comments last submission and Engineer comments with the Plannin~l Board. i A~tac!~.~.er~!~; S~aff. Repg~, Engineer C0mment. s.,..Le~ter fro.~ Applicant [e~!~/ed.8(~'~!09' ! Project name: FIDCO/Flower/Baker2009 SCTM#:i 1000-10-5-8.3 10-5-9 10-5-12.9 i Location: (no #) private road off East End Road, Fishers Island Description: i 'i'iir !~i!~!!ng..!~t~.~i!! be crea_t~d: [. ~tatus: ? ODer! ~ Action: i Accept application for sketch. ;Attachments: i Staff Report : Location: 2350 Wells Road, Peconic, southwest corner of Wells Road and State ~ Route 25 in Peconic . Description: i This proposal is for an 80/60 clustered conservation subdivision on '~ i. 32~.83. a.c[e_s~?e~u!~!n.g.! m. ~.!~.~.n.~.!a~!..!9~s .~ .~).r~..e..ag.~i~.!~.r.a.!..!9~.~ 'Status: ~ Sketch Action: Accept fna maps for rev ew send out referra to Town Eng neer Attachments: None 08/28/2009 11:01 FA~ 631 287~6 Philip B. Matthew~ (1~2- 19,92} Stephen L. Ham, III El~bara T. Ham · ~.TrHEW$ N HM4 MATTHews & HAM Al~rm~ys a~d C~ur. selors at ~ 38 Nugen~ ~t 6ou~p~, New Yo~ 11068 631~83-2400 Fac.~imile 631-287.1076 e,.mali: M at/hem~,sq~aol.~om ~]001 Eacsimile Transmission To: Fax #: Telephone # From: Date: Tamara Town of Southold Planning Board (631) 765-3136 (631) 765-1938 Stephen L. Ham, III August 28.2009 Re: FIDCO wi Baker Flower and Ferguson Museum Number of pages (including cover sheet): 4 Message: Here ia the decision. Please let me know if you think tl~ere will be any deviation from the schedule we discussed (i.e, work session on 9/14 and ~=onditional final approval on 10113). Thank you. 08/28/2000 11:01 FAX 631 287 1076 ~A'ITI:LEWS N ~ ~002 .... Ov'~'~ ZONTNG]~OFApp~ PAGE 0~'/O4 DUc Loc~,~: Town Annex/First Floo~, Cap~tal Oa~ Bank ~?$ Main ~oad (at Youags Aveou¢) $outhold NY 11971 53O95 Main RoM P.O, l~ox 1~79 Soutboid, NY 1 t971~959 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF AUGUST 18, 2009 ZBA FILE # 6297 - FISHERS iSLAND DEVELOPMENT CORPORATION (and W. FLOWER; D. BAKER) PROPERTY LOCATION: Private Road off Ess! End Road, Odental Avenue, Penlsula Road, Fishers Island, CTM Parcel: PsrtoflO00-10-5-12.9; 1000-10-5.8.3, 1000-10.5-9, a~p~~; The Zoning Board of Appeals has visited the property under cor~sideratJon ir~ this lication and determines that Ibis review fails under the Typo tl category of the State's List of Actions. without further steps under SEQP, A. S.. UUFFOLK COUNTY AD. MINtSTI:~TiVE CODF: This applicaOon was referred a~ required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Departmsnt of' Planning issu,~ its reply dat~ April 21, 2009 stating that this application Is considered a rcatter for local det~'min~on as (here appears to be no signlr~nt county-wide or inter-community impact. PROP£RTY FACTS/DF-._SCRiPTiON: Tho subiect property is an 8,48 acrs parcel (Lots 3, 4, & 5/, ~- 3,73 acre parcel (Lot 6), and a 2,67 acre parcel (Lot 7). The combined parr, els mn 134.23 * 207.07 + It7.25 + '176.00 + 78.05 + 107.92 feel along a pd~ate road to the east; 407.11 feet along the southeast boundary; 162.00 · I!12.5 +175.45 feet along the southern bou'~dary: 20@.30 feet along fie southwestern boundary; and 48,57 + 94 20 +152 + . , ~ ,~o ~w ~ ~ue west, ane z/~.z3 + 1~.28 .~ 102.30 + 138.00 feet along the r)orthem boundary. Corhbined Lots 3, 4 & §, belonging to Walter C. Flower Itl, are Jrcpmved with a single farrcily house, a tennis sour't, a switching pool, and a pool house, as shown on a survey by (;;ME Engineering, Land Surveying & Architecture, PLLC, da~ February 19, 2008, and revised November8, 2008. BASIS OF APPLICATION.. Request for a Variance under Bect~o~ 280'-14, based on the Building Inspector's March 30, 2009 Notice of Disapp~vaJ cencerc nga proposed re-division of and as a result of a proposed lot lire change which will crea~e a lot size of I~s than 120,000 square feet in ~is R-120 Residential Zone D st~st, This ~appllcation ~s not subject to review under Chapter 268 because the variance relief requested does not inwlve fea~ure~ that relate to a regulated natural feature or a bulkhead or other shoreline. FINDINGS OF FACT '(he Zoning Board of A~?,eals held a public hearing on this application on July 30, 2009, at which ~lme written and oral evidence were present~d. Based upon all testimony, documen{ation, personal inspection of the prooerty, and other evidence, the Z. onJng Bdard finds the following I'a~s to be true and relevant: 08/28/2009 11:01 FA~ 631 287 1076 ZONINGt~DOFAPP~I~ 0O3 P~aE 0~/04 Page 2- August '18, 2009 ZBA # 6297. FL'~hsrs $ srldDeve opmellt Corporation (and othas) CTM 1000-16.5-p/o 12,9 alii I11ore ~ F R~.~_~.~[~:' The applicant seeks an area vadance for a lot line change that wfll reduce lhe area of an already nonconforming.lot (shown as Lot 44-7 on the CME survey) from 2,67 acres to 1.42 sores. ADDITIONAL INFORMATION: The proposed change will fncrease {he area of a lot owned by Walfe¢ C. Flower, III from 8.48 to 9.96 acres, msulti~ in a dec,rase in that of Lot 44-7 ~m 2.67 acres to 1.42 acres. The newly created 61,280 square foot lot is to be'deeded to the Hen~/L. Ferguson Museum. The created lot will be divided into a northern portion, encumbered by a conservation easement, and a southern po~on encumbered by covenants mstrictiog improvement, These two portions wi be separated by a driveway through an approximately 7,101 square foot bortlon in the middle of the Iot. i:Fee t~tle to/he driveway will be granted to James M. and Dianna M. Baker whose lot (446) it will serve. ' REASONS FOR BQ,~RD ACTICN: On the b~is of testimony presented, materials submkted and personal inspections, the BoaKI rhakes the following t~ndings: 1. Town Law Section 267-b(3)(b)(3)(1}, Grant of the lot line change will not produce an undeeir:~ble change In the character of the neig.~borhcod or a detriment to nearby properties, No additional construction is proposed. Development of the lot 0 be created Is precluded by easements and covenants. 2. Town Law Section!267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some me,hod, · other t~an an area variant,e. feasible for the applioa~ to pursue, 3. Town Law Section :~67-.b(3)(b)(3). The variance granted herein is not substantial in so far as the lot to be created will not be used as a bu'!ding site.. 4. Town Law Section ;s67-b(3)(b)(§) The difficulty has not been serf-created. The lot which size woald be affected by the lot line change is alrea~ly nonconforming with respect to size. 5. Town Law Section ~67-b(3)(b(4). No evidence has been presented that a tot line change will have an adverse impact on the physical dr environmental conditions in the neighborhood. · Town Law Section 2.6..7-b(3). Brant of the requested relief is the minimum action necessary and a~equate to enable the applicant [~ enjoy~ the benefit of a lot line chanee, whe raservin and ro satin c , _ P g p t the haracfer :ff the neighborhood and the I~a th, safety and welfare of the community, g RESOLUTIOALOF THE BOARD; In considering all of the above factors and applying the balancing test under New York Town Law 267-Ei, ~botJon was offered by Member Simon, seconded by Member Welsman, and c~uly carried, to BRANT the valance as applied for, as shown on the map of proposed lot line change Frepared by CUE Eng,neenng ra~d Surveying & Arch feature, PLLC, dated February 19, 2008 and revised November 5, 2008, Any deviation tram the?variance given such as extensions, or demolitions which are not shown ~ the applicant's diagrams or survey sit~ maps, are not authorized under this application when invoking nonconformities under the zoning code. This action does not authori~'e or condone any current or future u~e, setback or otker feature of the sul~ec[ property that re.ay violate the Zoning Code, other than such uses, setbacks and other features as am expressly addressed in this action.' 08/~8/~009 11:02 FAX 631 287 1076 ZONINGBDOFAPF~ 004 04/04 Page 3- August lB, 200~ ~ 7.~ # 6297- Fishers IslancfiDevelopment Corporation (and o~ers) CTM 1000-10.5.p/o 12.9 ~ more The Board resen/es the right to substitute a similar design that is de mfnlmis in nature for an alteration that does not increase the degree of r~onconformlty Vote of the Board: Ayes: Members Goehringer "neider, 'PHIS RESOLUTION WAS DULY ADOPTED.'(4-0), ~~h~ ' ~(X~f~lcexLocation: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064_ , FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF AUGUST 18, 2009 ~ ..... ' ' ZBA FILE # 6297 - FISHERS ISLAND DEVELOPMENT CORPORATION (and W. FLOWER; D. BAKER) PROPERTY LOCATION: Private Road off East End Road, Oriental Avenue, Penisula Road, Fishers Island. CTM Parcel: Part of 1000-10-5-12.9; 1000-10-5-8.3, 1000-10-5-9. SEQRA DETERMINA'[ION: 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 April 21, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is an 8.48 acre parcel (Lots 3, 4, & 5), a 3.73 acre parcel (Lot 6), and a 2.67 acre parcel (Lot 7). The combined parcels run 134.23 + 207.07 + 117.25 + 176.00 + 78.05 + 107.92 feet along a private road to the east; 407.11 feet along the southeast boundary; 162.00 + 102.5 +175.45 feet along the southern boundary; 299.30 feet along the southwestem boundary; and 48.57 + 94.20 +152.65 +177.41 + 117.00 + 115.02 + 60.;~1 along Darbies Cove to the west; and 274.73 + 122.28 + 102.30 + 138.00 feet along the northern boundary. Corhbined Lots 3, 4 & 5, belonging to Walter C. Flower III, are improved with a single family house, a tennis court, a swimming pool, and a pool house, as shown on a survey by CME Engineering, Land Surveying & Architecture, PLLC, dated February 19, 2008, and revised November 5, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-14, based on the Building Inspector's March 30, 2009 Notice of Disapproval concerning a proposed re-division of land as a result of a proposed lot line change, which will create a lot size of less than 120 000 square feet ~n th~s R-120 Residential Zone D~stnct. LWRP EXEMPT: This hpplication is not subject to review under Chapter 268 because the vadance relief requested does not involve feature~ that relate to a regulated natural feature or a bulkhead or other shoreline. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on July 30, 2009, at which time wdtten and oral evidence were presen~e~ Based upon a testimony, documentation, personal inspection of the property, and other evidence, the Zoning BOard finds the following facts to be true and relevant: Page 2- August 18, 2009 ZBA # 6297 - Fishers Island, Development Corporation (and others) CTM 1000-10-5-p/o 12.9 and more RELIEF REQUESTED:~ The applicant seeks an area variance for a lot line change that will reduce the area of an already nonconforming lot (shown as Lot 44-7 on the CME survey) from 2.67 acres to 1.42 acres. ADDITIONAL INFORMATION: The proposed change will increase the area of a lot owned by Walter C. Flower, III from 8.48 to 9.96 acres, resulting in a decrease in that of Lot 44-7 from 2.67 acres to 1.42 acres. The newly created 61,280 square foot lot is to be deeded to the Henry L. Ferguson Museum. The created lot will be divided into a northem portion, encumbered by a conservation easement, and a southern portion encumbered by covenants restricting improvement. These two portions will be separated by a ddveway through an approximately 7,101 square foot portion in the middle of the lot. Fee title to the ddveway will be granted to James U. and Dianna M. Baker, whose lot (44-6) it will serve. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(3)(1). Grant of the lot line change will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No additional construction is proposed. Development of the lot to be created is precluded by easements and covenants. 2. Town Law Section:267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicai~ to pursue, other than an area variance. 3. Town Law Section 267-b(3)(b)(3). The variance granted herein is not substantial in so far as the lot to be created will not be used as a bui)ding site. ' 4. Town Law Section 267-b(3)(b)(5) The difficulty has not been self-created. The lot which size would be affected by the lot line change is already nonconforming with respect to size. 5. Town Law Section ~67-b(3)(b(4). No evidence has been presented that a lot line change will have an adverse impact on the physical dr environmental conditions in the neighborhood. 6. Town Law Section 26.7-b(3). Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy! the benefit of a lot line change, while preserving and protecting the character of the neighborhood and the h~alth, 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, notion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the va~dance as applied for, as shown on the map of proposed lot line change prepared by CME Engineering, L~hd Surveying & Amhitecture, PLLC, dated February 19, 2008 and revised November 5, 2008. Any deviation from the vadance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey sit~ maps, are not authorized under this application when involving nonconformities 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. Page 3- August 18, 2009 ZBA # 6297 - Fishers IslandDevelopment Corporation (and others) CTM 1000-10-5-p/o 12.9 and more 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 Goehringe~ism~d~,~neider. THIS RESOLUTION WAS DULY ADOPTED (4-0). ,,~ /2009 ,~/j~proved for Filing PLANNING BOARD MEMBERS MARTIN lq. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPIq L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date: May 18, 2009 Re: Request for are~.vadance (§280-14), ZBA #6297 SCTM#1000-1¢12.9 Zone: R-120 Located at (no #) private road off East End Road, Fishers Island. The Planning Board has received your request for comments regarding the above referenced application (#6297) for an area variance pursuant to Southold Town Code Article III §280-14 in the R-120 Zoning Distdct on Fishers Island. The proposal is for a Lot Line change which result in SCTM#1000-10-12.9 (Lot 44-7) decreasing in size from +/-2.67 acres to +/-1.41 acres creating a more non- conforming lot in the R-120 zoning district. The Planning Board has reviewed the above application and the surrounding area. This proposed lot Line change, while creating a more non-conforming lot will not impact the surrounding community or character of the surrounding neighborhood. The proposed lot line change will instead eliminate a buildable lot which is capable of being improved with a single family residence and accessory structures and result in a permanently preserved area which will be deeded to the Henry L. Ferguson Museum, Inc. Further, only a ddveway and underground utilities will be installed on the lot where a single-family residence and accessory structures might otherwise be built. Lastly, two other lots are being increased in size and no additional building sites will be created thereby. For the foregoing reasons, the Planning Board has no objections to the issuance of the requested variances. We hope that the information provided to you is helpful. Should You have any questions or need additional information, please contact the Planning Department. Thank you. Planning Board Work Session Agenda Page Two May 18, 2009 . Flower III, Fishers Island (FIDCO, 12.9 Flower, Baker) decrease in size from +/-133,293 s.f. to +/-61,419 s.f., SCTM¢1000-5-8.3 will increase in size from +/-369,388 s.f. to +/433,857 s.f., SCTM¢1000- 5-5.9 will increase in size from +/-162,478 s.f. to +/-169,448 s.f. No new bud ng ots w be created Zon ng District R120. Status ~ O~en ....................... r A~achments: Draft Comments to ZBA Location: i The property is located on the west side of Laurel Avenue, approximately 150 feet south of Yennecott Dr ven Southold. · 18 lots and two (2) open space parcels where the lots range in size from 30,000 s.f. to 30,248 s.f., with the open space parcels totaling 35.0227 acres exc ud ng the wet ands in the R-80 Zoning District. Status Sketch ~pp[~.Y~! , Action: i Consider rejecting recently submitted yield plan and rescinding sketch i approval. [ pproval, rejecting Yield Map No.2 i 7.4- 7.7 Location: Main Road in Peconic. ,, the newly created ROW for dock access to Lot 2 of the 4 Lot Mohring L.~.iYi~i0n. Sta! sl i0pe Action: Agent to up-date P ann ng Board. A~ta~hm~tS; ~.gn~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Ma'm Rd. & :Youngs Ave. Southold, NY 11971 · LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: May 6, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland permit for FISHERS ISLAND DEVELOPMENT CORP. SCTM#10-5-12.9 J.M.O. Environmental Consulting on behalf of FISHERS ISLAND DEVELOPMENT CORP. requests a Wetland Permit to clear and remove vegetation in a 30'X 450' area, excavate a 15'X 450' area to a depth of -1' and remove any topsoil or unsuitable subsoil and install a 15'X 450' stone driveway. Excavated soils shall be used to re-establish any disturbed slopes along the proposed drive. Any excess soils shall be trucked off site. The proposed drive shall have a 1' compacted bank run gravel base with a 4" compacted native brown processed stone. All disturbed slopes shall be foamed and seeded. Located: Private Rd., Fishers Island. SCTM# 10-5 - 12.9 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 on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. In the event that the proposed driveway is approved, the following (BMP) Best Management Practice is recommended: 1) The drainage plan for driveway should be designed so that.a two-inch rainfall can be retained on-site, within the subject parcel landward of the wetland boundary. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of thc proposed action. Ms. Heather Lanza Planning Board Town of Southold P.O. Box 1179 Southoid, NY 11971 1VL~TTHI/W$ ~ HAi~I ATTORNEYS AND GOUNSELORS AT Law SOUTHAMPTON, NEW YORK 11968 April 8, 2009 Re: Proposed Lot Line Change for Walter C. Flower III, Fishers Island Development Corporation and James M Baker & Diane Baker (SCTM Nos. 1000-010.00-05.00-008.003, 009.000 & p/o 012.009) Dear Heather: Further to the documentation I submitted to you under cover of my letter of March 30, 2009, which included letters of authorization from two of the three owners involved in the referenced application, I have enclosed an original letter of authorization, duly acknowledged before a notary public, from the third owner, Walter C. Flower III, evidencing my authority to act on his behalf. I am assuming that the paperwork for this application is now complete and that it will be processed upon the grant of the required variance from the Board of Appeals. If that is not the case, please let me know immediately. Sincerely, Enclosure Stephen L. Ham, III Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (63[) 765-9064 Planning Board Gerard P. Goehringer, ZBA Chairman April 2, 2009 , Request for Comments ZBA #6297 - Fisher~lari~l' [~evelopment Corporation As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX # / ZBA BD VARIANCE PLANS PREPARER ZONE NOD DATE DATE STAMPED FISHERS 10-5-8.3, #6297 3-30-09 280-14 3/31/09 CME ISLAND 10-5-9 Engineering, DEVELOPMENT and part Land CORP. of 10-5- Surveying & 12.9 Architecture, R-120 PLLC Your comments are appreciated by May 4, 2009. Thank you. Encls. TO: Please take notice that your application dated Mar~h 26, 2009 For ~ at Location ofprope~y Private Kd., off~ast End Rd:, Fishers Island C0umy Tax Map No. 1000 - Section 10 Block_5 Lot 12.9 is returned herewith and disapproved on thc following grounds: The vwoosed lot.linc e. hzn~e is not allowed pursuant to Article III Sc~. 280-14, Attac, hm~t 3:1. Bulk Scl/~J,,lc. In the R-120 District lot ~iz~ shall be a minimum of 120.000 saum'~ feet Tho propo.~l n~wl¥ created lot size will be 61,280 sauar~ feqt. ^uthoi'ized Signature CC: file, ZBA FISHERS JAMES M JOB DATA REVISIONS ~ ~ PROJECT 2006855 NO. DATE DESCRIPTION BY ~ BOOK NO. -- 1 03/03/2008 ADDITIONS AND REVISIONS RHS · --' 0 DESIGNED - 2 11/05/2008 BNDRY INFO AND EASEMENT I CB I1 ~ DRAWN J.J,M. MFS O~ q ~ CHECKED R.H.S, 0 (~ COGO FILE - FILE 20068.3,.3 BND,DWG APPLICATI~TO THE SOUTHOLD TOWN BOARI~F APPEALS Fee: $ FRed By:. Date Assigned/Assignment No. Office Notes: private road off House'No. no # Street East End Road Hamlet Fishers Island SCTM1000 Section 10 Block 5 Lot(s) p/o 12.9 LotSize 2.67 acres Zone R-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 30, 2009 BASED ON MAP DATED February 19~ 2008~ last .revised Applieant(s)/Owner(s): Fishers Island Development Corporation (by Stephen L. Ham, 2III, authorized agent) Mail~gAddres~: 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax#: (631) 28~-1076 Email: Matthamesq@aol.com NOTE: In addifio~ to the abov~ please camldete below ff application f~ signed by applicant's attorney, agent, architect, builder, contract vemdee, etc. and ~ame of person who agent represems: Name of Representative: Stephen L. Ham, III for (x) Owner, or ( ) Other: Agent's Address: 38 Nugent Street, Southampton, NY 11968 Telephone (631) 283-2400 Fax#: (631) 287-1076 Email: Matthamesq@a61.com Please check box to specify who .you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or {gAuthorized Representative, or [] Other Name/Address below: 2/19/08 last revised WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 11/05/08 and DENIED AN APPLICATION DATED 03/25/09 FOR: [] Building Pemit ~3 Certificate of Occupancy ~ Pre-Certificate of Occupancy ?1 Change of Use 3 Permit for As-Built Construction ~Other: _~_ot line chan~e reducin~ area of already nonconformin~ lot Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the cod~) Article III Section 280- 14 Subsection (Attaclment 3: ! ) Type of Appeal. An Appeal is made for: ~] A Variance to the Zoning Code or Zoning Map. ~ A Variance due to lack of access required by New York Town Law-Section 280-A. 1~ Interpretation of the Town Code, Article Section ~q Reversal or Other A prior appeal [] has, [}.has not been made at any time with respect to this property, UNDER Appeal No. Year _. (Please be sure to research before completing this question or call our office for Name of Owner: REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undes~able cha~ ge w~! not be produced ~ the CHARACI~R of the neighb~rhood or a de~i~nt to~n~ar~yprpperties ~grgn~.ed, beck. usg: ~he. perceives currently a lawful bui~din~ site capao±e oxee~ng ~provea w~cn a sxng~e-ra~t~y reexaence a~d accessor3~ structureS. Upon completion of the lot line change, however, the only disturbance to the parcel w~ll be a driveway with underground utilities through an approximately 7,101 square foot portion in the middle of the lot. The northerly portion w~ll be encumbered by a conservation easement and the s~utherly portion by covenants restricting improvement. (2) The benefit sought by the applicant CANNOT be aclfieved by some method feas~ ~r the app~canttopu~ue, other thananareavarLanc~because: in order to give fee title to the driveway to the owner whose lot it will serve, the parcel in question must be cut into a northerl) and southerly portion. If the northerly portion ia not merged with an adjoining propert) as it will be under this proposal, then a second lot would be created resulting in a more cumberspme s~bdiwieion ~rocess. To give fee title to the driveway, the lot area would have to be .reduced anyway. (3) Theamountofre~requ~ted~ uot sabstanfi~because: the resulting lot area, though significantly smaller than the existing lot area, will not be used as a building site. Moreover, other lots are being increased in size by the same amount without creating any additional building sites. (4) The variance will NOT have an adverse effe~ or impa~ on the physical or environmental con$fions ~ the n~ghborhood or ~s~i~ because: only a driveway and underground utilities will be installed on a lot where a house and accessory structures might otherwise be built. ~easuges will be taken to Dro~ect nearby ~atlands.durinR construction which will only e unaertamen atter '£own Trustees ann NISo~u permxcs ar~ zssuea. (5) Has the alleged difficulty been self-created? ( )Yes, or ~ )No. Are there Covenants and Restrictions concerning this land: [3 No. ~ Yes (,/ease furnish colby,. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and thc henlth, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this ~0~ day of ff/~e~, 20 09 No~ary Public Notary ?ublic. S~e of New Yof~ No. 01805085]89, S~ffolk Cou~ Commission Expires Septembe~ Signature of Appellant or Authorized Agent (Agent nn~t ~ubnflt wxit~n Au~l~ortzaaon ~om Owner) Stephen L~ Ham, III, as authorized agent APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Fishers island Development Corporatiod)atePrcpared: I. For Demolition of Existing Building Areas Please descau'be areas being remove& n/a March 30, 2009 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: n/a Dimenmons of new second floor:, n/a Dimensions of floor above second level: n/a Height (fxom finished grognd to top of ridge): n/a Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IIL Proposed Construction Description (Alterations or Structural Changes) (attach exlra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: n/a Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your properV/: n/a Proposed increase of building coverage: n/a Square footage ofyonr lot: n/a Percentage of coverage of your lot by building area: n/a V. Purpose of New Construction: n/a VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and howit relates to the difficulty in meeting the code requirement(s): n/a Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. n/a 7/2002; 2/2005; 1/2007 March 30, 2009 Ms. Heather Lanza Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Lot Line Change for Walter C. Flower III, Fishers Island Development Corporation and James M. Baker & Diane Baker (SCTM Nos. 1000-010.00-05.00-008.003, 009.000 & p/o 012.009) Dear Heather: On behalf of the referenced property owners, I am applying for approval of lot line changes pursuant to which separate portions of a parcel known as Lot 44-7 on the Map of Fishers Island Development Corporation (SCTM No. 1000-10-5-p/o 12.9) and the FIDCO road spur adjoining it on the north will be merged with adjoining parcels (FIDCO Lots 44-6 and 44-3, 4 & 5, respectively). The balance of Lot 44-7 will be donated to the Henry L. Ferguson Museum. The proposed lot line changes are shown on the enclosed map prepared by CMl: Associates Engineering, Land Surveying & Architecture, PLLC and described in the list of enclosures below. You may recall this matter which I discussed with you last summer. It involves carving up Lot 44-7 to allow for the creation of a new driveway access for FI DCO Lot 44-6 and a land donation to the Ferguson Museum. Our plan now calls for the creation of a conservation easement to the Ferguson Museum rather than donation of fee title over the northerly portion of Lot 44-7 so that we do not inadvertently create a second lot. Fee title will be granted to the Museum over the southerly portion only. Merger will assure that no new lots are created so that the plan can be treated as a lot line change rather than a subdivision. In connection with this lot line change application, I have enclosed the following: Ms. Heather Lanza Page 2 March 30, 2009 Application for Re-Subdivision/Lot Line Modification, signed by me as agent. 2. Photocopies of the last deeds of record to the subject parcels which were recorded in Liber 11719 page 278, Liber 12393 page 425 and Liber 6083 page 280, respectively. (The deed to FIDCO Lot 44-7 and the FIDCO road spur, Liber 6083 page 280, covers more than those parcels, so I have attached a separate legal description for each alone to the copy of that deed.) 3. Short Environmental Assessment Form, signed by me as agent. 4. Applicant Transactional Disclosure Form, signed by me as agent. 5. Letters of Authorization, duly acknowledged before a notary public, from Fishers Island Development Corporation and James M. Baker & Diane M. Baker covering my authority to act as agent of those owners in connection with this application. (I will provide you with a similar letter from the third involved owner in due course.) application fee. Our check to the Town of Southold in the amount of the $500 7. Six prints of a map, entitled "Proposed Lot Line Change Prepared For Walter C. Flower III, Fishers Island Development Corporation and James M. Baker & Diane Baker", dated February 19, 2008, last revised November 5, 2008, prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC. I understand that, while you can open a file on this matter, you cannot take any action on it until I have obtained a lot area variance from the Board of Appeals (to whom I am applying simultaneously). Please look over the enclosed documents anyway, however, and notify me immediately if you will require any further information, documentation or payments before you can commence your review process once the variance and the missing letter of authorization are delivered. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures Project Status Report for Re-Subdivisions (Lot Line Chan.qes) Application Dates Pre-Submission Conference Application Received ~1 r~l~)l~ Enqineer Conference SEQ~ Coordination Public Hearin~ Waived Public Hearin~ Date SEQRA Determination /I/~/~(~,~/,,'~"'~:~_~, '7 '/ ' '"-"/'- sc Plannin~q Commission Referral SC Planninq Commission Comments Conditional Final A~l)roval Final Approval "~/4~/]0 Final Map RoutinR: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS - KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY T%~I~. ph0ne~6~l 765-1938 Fax: 631 765-3136 Application for Re-Subdivision/Lot Line Modification APPLICATION IS HEREBY MADE to the Town a ni ng Board for the proposed RE-SUBDIVISION described herein: Original Subdivision Name Suffolk County Tax Map #s Hamlet Map of Fishers Island Development Corporation 1000 - 010.00 - 05.00 - 008.003, ~9.000 & p/o 012.009 Fishers Island 4. Street Location (no #) private road off East End Road 5. Acreage of Site 3.06 acres (2.67 acres + .39 acre) 6. Zoning District R - 120 March 27, 2009 7. Date of Submission Please provide the names, addresses and phone numbers for the following people: Applicant: Stephen L. Ham, III, Esq. 38 Nugent Street Southampton, NY 11968 (631) 283-2400 same as applicant Agent.: Property Owner(s): Surveyor: Engineer: Walter C. Flower III 408 Magazine Street New Orleans, LA 70130 Richard H. Strouse CME Associates 55 Main Street - Suite 340 Norwich, CT 06360 (860) 889-3397 Fishers Island Development Corp. P.O. Drawer "E" Fishers Island, NY 06390 James M. Baker & Diane M. Baker 52 Armand Road Ridgefield, CT 06877 Attorney: Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 1J968 (631) 283-2400 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. Lot 44-7 on the Map of Fishers Island Development Corporation ("FI-DCO") (SCTM # 1000-10-5-p/o 12.9) and the FIDCO road spur adjoining it on the north (2.67 acres and .39 acre, respectively) will be conveyed by FIDCO to Flower who will retain the road spur and the northerly 1.1-acre portion of Lot 44-7 and merge that 1.49 acre with his FIDCO Lots 44-3, 4 & 5 (SCTM # 1000-10-5-8.3). Flower will then convey to Baker a 15-foot-wide strip of Lot 44-7 (7,101 sq. ft.) who will merge the same with their FIDCO Lot 44-6 and Flower will then convey to The Henry L. Ferguson Museum, Inc. the balance of Lot 44-7 (1.41 acre) for preservation as open space. In addition, Flower will grant a Conservation Easement to the Ferguson Museum over a portion of the road and the 1.1-acre portion of Lot 44-7 he is retaining. Flower is using the FIDCO road spur he will acquire as the driveway entrance to his residence on FIDCO Lots 44-3, 4 & 5 and has invested heavily in landscaping and other improvements to that entrance. The only current access for FIDCO Lot 44-6 owned by Baker is through thag same entrance. The lot line changes vroposed iB this application will create a repAacement access for FIDCO Lot 44-6 so that disturbance 10. DOES THE PROPOSED MODIFICATION: to Flower's entrance can be avoided when that Lot is developed. Affect the s~eet layout in the original subdivision? yes Affect any area reserved for public use? no yes Diminish the size of any lot? Create an additional building lot? no Cremate a n. onconforming lot? yes, but Lot 44-7 is already - nonconforming Require a variance from the Zoning Board of Appeals? yes (it will become more nonconforming but adjoining lots Impact the future planning of the subject properties? no will add lot area) 11. Application completed by [ ] owner [~] agent [ ] other UPON SUBMITTING A COMPLETED APPLICATION, THE PLANNING BOARD WILL REVIEW THE PROPOSAL AND DETERMINE IF THE PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDMSION REVIEW. IF THE APPLICATION MEETS THE CRITERIA FOR A WAIVER, THE MODIFICATION MAY BE AUTHORIZED BY THE PLANNING BOARD BY RESOLUTION AND NO FURTHER REVIEW WILL BE REQUIRED. IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE SUBSTANi:)ARD LOT SIZES, LOT WIDTHS OR MAKE EXISTING STRUCU~ZRES NONCONFORMING WITH RESPECT TO SETBACKS, THE APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING BOARD OF APPEALS. Signature of Preparer ~/~.~ L- /~t.~ Stephen L. }tam, III Date March 27, 2009 Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpos~ of this form is to provide information which can alert the town of possible conflicts of interest and allow at to take whatever aciaon ~s necessary to av6id sam*, Your Name: Fishers Island Development Corporation last name, first name, midge Ltdtial units you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Eromon Change of zone Mooring Subdivision Plat plnnn~ng Site Plan Other (Please name other activity) x Re-Subd±vis ion (lot line modification) Do you personally (or through your company, spouse, sibling, parent or child) have a relatioushi'p with any officer or employee of the Town of Southold? "Relationship includes by blood~ marriage or busina~ss interest. "Business interesf' means a business, including a partnership, in which the town officer dr employee has even a partial ownership of(or employment by) a corporation in which the town.~o~ficer or employee owns more than 5% of the shares. Yes No x If you answered "Yes" complete the balance of this form and date and ~ign where indicated. Name of the person employed by the Town of Southold Title or position of that person Descn'be the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate lhie A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); e:-~s oiTiom,-dh~.£m, p~tu~s rrr employee' ofth~ applluau(, crt D. L~i h~-t ua~l-appl~cant ' Description of Relationship: Submitted this ~> day of~'t'~-290~ PrintName Stephen h. Ham, III, authorized agent Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpos~ of this form is to provide information which can alert the town of ~ossible conflicts of interest and allow it to take whatever actmn m necessary to avoid sarno Your Name: Walter C. Flower III last name, first name, middle initial unlexs you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person 'x or company'~ name. Nature of Application: (Check all that apply) Tax ~ricvance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat planning Site Plan Other (Please name other activity) x Re-Subdivision (lot line modification) Do you personally (or through your company, spouse, s~ling, parent or child) have a relationship with any officer or employee of the Town of Southold? '~Relatiouship includes by blood, marriage or busini>ss interest. "Business interest" means a business, including a partnership, in which the town officer employee has even a partial ownership of(or employment by) a corporation in which the town ¢cer or employee owns more than 5% of the shares. Yes No x If you answered "Yes" complete the balance of this form and date and sig~ where indicated. Name of the person employed by the Town of Southold Title or position Of that person Describe the relationship between yousself (the applicant) and the town officer or ~mployee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her sonae, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a cospomtion); B. the legal or beneficial owner of any interest in a noncorporate entity (when the apphcant is not a corporation); C:,m ufli~t, drip. tm, p~ tu~ or e.quluyee ~fttm applicant, or Description of Relationship: Submi~ed this ~ ~ day oft~200~' Signature -~_~_.~/~..-~-./~,t ~ P~tN~e Stephen L. Ham, III, authorized agent Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpus~ of this form is to provide information which can alert the town of ~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. Yo~ Name: James M. Baker & Diane M. Baker last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person 's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Planning Site Plan Other (Please name other activity) x Re-Subdivision (lot line modification) Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or busing)ss interest. "Business interest" means a business, including a partnership, in which the town officer ,Sr has even a partial ownership of(or employment by) a corporation in which the town 94~ficer or employee employee owns more than 5% of the shares. Yes No x If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, s~ling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. mt uffi'o~l, dhow, tut; pmm*t or emlJlOTee of the-applicant;, or D. the actual applicant Description of Relationship: Submitted this 3° day of~'4200~ Signature ~/'~-t... ~C~¢~, m~ PrintName Stephen L. Ham, III~ authorized agent Planning Board Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Walter C. Flower, III 408 Magazine Street New Orleans, Louisiana 70130 ~/,2009 Re: Proposed Lot Line Change fOr Premises at Fishers Island (Block 44, Lots 3, 4, 5, 6 & 7 and portion of FIDCO Ro~Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000 010.00-05.00-008.003.009.000 & D/O 012.009) Dear Board Members: The undersigned, Walter C. Flower III, as owner of premises situate at Fishers Island, New York known as Block 44, Lots 3, 4 & 5, Map of Fishers Island Development Corporation (SCTM #1000-10-5-8.3), hereby authorizes Stephen L Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as my agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required ~orms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CME Associates Engineering, Architecture & Land Surveying, PLCC, dated February 19, 2008, last revised November 5, 2008, as the same may be further revised from time to time. Very truly yours, Walter C. Flower III ACKNOWLEDGMENT State of Louisiana; ~y of ~)~' J ~a..$ ss: On the ~..¢t~ day of h~fl~t in the year 2009 before me, the undersigned, personally appeared Waiter C. Flower III 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(les), 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 C...',~, oF J~ D*.le.-efl~ (insert the City or other political subdivision) in the State of Louisiana. ~Nota"~ ' :~ry Pub JOHN D WOGAN Notary Public State of Louisiana Louisiana State Bar #13629 My Commission Is Issued for Life Planning Board Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Fishers Island Development Corporation P.O. Drawer "E" Fishers Island, New York. 06930 March ~.~, 2009 Re: Proposed. Lot Line Change'fSi'Premises at Fishers Island~('lS'Foc~, 44, Lots 3, 4, 5, 6 & 7 and portion of FIDCO Road, Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000 010.00-05.008.003, 009.000 & p/o 012.009) Dear Board Members: The undersigned, on behalf of Fishers Island Development Corporation, owner of premises situate at Fishers Island, New York known as Block 44, Lot 7, Map of Fishers Island Development Corporation (SCTM #1000-10-5-p/o 12.9) and portion of adjoining road, hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as agent of Fishers Island Development Corporation in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CME Associates Engineering, Architecture & Land Surveying, PLCC, dated February 19, 2008, last revised November 5, 2008, as the same may be further revised from time to time. Very truly yours, FISHERS ISLAND DEVELOPMENT CORPORATION Kathryn M. F~arsons, President ACKNOWLEDGMENT State of Connecticut; County of ~u-~/..~v~c~ ss.'_~ ~'~ On the ,~"'~Vt"'(day of March in the year 2009 before me, the undersigned, personally appeared Kathryn M. Parsons 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 (insert the City or other political subdivision) in the State of Connecticut. ~ ~ ~ ~ ~ ~Notary~ MELINDA '[. MY COMMISSION EXPIRF$ OEC. 3'J, 201 ~ Planning Board Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: James M. Baker Diane M. Baker 52 Armand Road Ridgefield, Con~.ecticut Mamh 7,¥, 2009 Proposed Lot Line Change for Premises at Fishers Island (Block 44, Lots 3, 4, 5, 6 & 7 and portion of FIDCO Road, Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000 010.00-05.00-008.003. 009.000 & D/O 012.00~) Dear Board Members: The undersigned, James M. Baker and Diane M. Baker, as co-owners of premises situate at Fishers Island, New York known as Block 44, Lot 6, Map of Fishers Island Development Corporation (SCTM #1000-10-5-9), hereby authorize Stephen L. Ham, Ill of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as our agent in making such applications to your Board and in taking any and all incidental actions in. regard thereto, including without limitation, completing and executing the required forms, gJ~nng any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CME Associates Engineering, Amhitecture & Land Surveying, PLCC, dated February 19, 2008, last revised November 5, 2008, as the same may be further revised from time to time. Very truly yours, J~sM. Baker Diane M. Baker ACKNOWLEDGMENT State of Connecticut; County of ~4 ~.,--, ~ c) ss: On the '~-~ day of Mamh in the year 2009 before me, the undersigned, personally appeared James M. Baker and Diane M. Baker 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 i'~c~-~ ~ ~_~ ~, ~-~ r ~ ~c~ ~-~-~ , C__~-[- (inse~the City or other po it ca subdivis (~r{) in the State of Connecticut. ~-2~,L~__c,.~ ~- ~ ____~- ~ ~--~ Notary Public 8USANNAH H. BENE' NOTARY PUBLIC MYOOMMI$810N EXPIRES APR. 30, 2012 DESCRIPTION OF FIDCO LOT 44-7 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point in the southwesterly line of a private road fifty feet wide, said point being located 3019.12 feet West of a point which is 1232.19 feet South of a monument marking the United State Coast and Geodetic Survey Triangulation Station NIN"; and RUNNING THENCE South 50° 47' 09" West, 407.11 feet to a point; THENCE North 43° 45' 36" West, 162.00 feet to a monument; THENCE North 11 ° 05' 00" West, 198.81 feet to a monument; THENCE South 65° 32' 20" East, 40.00 feet to a point, said point being at a point of curve to the right having a radius of 207.98 feet and the direction of whose radius at that point is South 65° 32' 20" East; THENCE northeastwardly and eastwardly following the arc of said curve, 287.90 feet to a point of curve to the right having a radius of 269.15 feet and the direction of whose radius at that point is South 13° 46' 30" West; THENCE southeastwardly following the arc of said curve, 141.03 feet to a point in the southwesterly line of said private road, said point being at a point of curve to the left having a radius of 596.80 feet and the direction of whose radius at that point is North 57° 06' 15" East; THENCE southeastwardly along said road line and following the arc of said curve, 110.67 feet to the point or place of BEGINNING. Containing 2.67 acres, more or less. DESCRIPTION OF FIDCO ROAD SPUR A cedain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at an iron pin set in the northwesterly line of the herein described tract, said pin being located 3445.86 feet West of a point which is 1117.00 feet South of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and also located at a point of curve to the right having a radius of 247.98 feet and the direction of whose radius at that point is South 48° 50' 40" East; and RUNNING THENCE northeastwardly following the arc of said curve, 126.36 feet to a point of curve to the right having a radius of 247.98 feet and the direction of whose radius at that point is South 19° 39' 00" East; THENCE eastwardly following the arc of said curve, 144.67 feet to a point; THENCE South 76° 13' 30" East, 55.47 feet to a point of curve to the left having a radius of 8,84 feet and the direction of whose radius at that point is North 13° 46' 30" East; THENCE northeastwardly following the arc of said curve, 9.39 feet to a point in the southwesterly line of a private road fifty feet wide, said point also being at a point of curve to the left having a radius of 596.80 feet and the direction of whose radius at that point is North 67° 27' 46" East; THENCE southeastwardly along said road line and following the arc of said curve, 107.92 feet to a point, said point being at a point of curve to the left having a radius of 269.15 feet and the direction of whose radius at that point is South 43° 47' 28" West; THENCE northwestwardly following the arc of said curve, 141.03 feet to a point of curve to the left having a radius of 207.98 feet and the direction of whose radius at that point is South 13° 46' 30" West; THENCE westwardly and southwestwardly following the arc of said curve, 287.90 feet to a point; THENCE North 65° 32' 20" West, 40.00 feet to a monument at a point of curve to the right having a radius of 248.00 feet and the direction of whose radius at that point is South 65° 32' 20" East; THENCE northeastwardly following the arc of said curve, 72.19 feet to the iron pin at the point or place of BEGINNING. Containing 0.39 Acres, more or less. 6083 THIS INDENTURE, ~de the 7th day of December, $ineteen hundred and sixty-six, between FISHERS ISLAND ESTATES, INC., a New York corporation having its principal office at l~ East 52nd street, in the City, County and Stats of New York, hereinafter called the grantor, party of the first part, and FISH,RS ISLAND DEVELOPMENT CORPORATION, s New York corporation having its principal office at i Chase Manhattan Plaza in the City, County and State of New York, hereinafter called the gran~ee, party of the second part. WITNESSETH: That the party of the first part, in consideration o£ One Hundred Dollars ($100.00), lawful money of the United States, and other good and valuable consider- ation paid by the party of the second part, does hereby grant and release unto the party of the second part, its FIRST PARCEL ALL that certain tract, piece or parcel of land, together with the buildings and improvements thereon, situ- ate, lying and being in the Town of Southold, County of Suffolk and state of New York and being all of that portion of Fishers Island lying Easterly of the following line, viz. BEGINNING at the Southeasterly corner of land now or formerly o~ned by the United States. ~nown as the Fort H. G. Wright Military Reservation, Mount Prospect Tract. on the ~hore of Block Island Sound or the Atlantic Ocean (as said ~ract was constituted prior to the extension thereof by the Lcquisition of additional lands in condemnation proceedings instituted in 1942) and running thence Northerly following the East boundary of the said tract of land now or formerly of the United Sta~es (as same w~s conetitute_dpFi~r_t~ch extension thereof/ to the southerly line of ~J~s~ r~na (sometimes called Oriental Avenue) and which point is the Northeasterly corner of said tract of land now or formerly of the United states (as same wae constituted prior to such extension thereof), thence crossing the East E~d Road and following the same course as the last to the shore of West Harbor or Fishers Island Sound; ~_ ALSO all the right, ~itl~ ~nd interest of the party of the first part in and to that) mpall island in the Atlantic Ocean lying Easterly of Fishers Island and known as Wieopesse~ EXCEPTiN~f~or~t~h~first described tract the ~llowl~ tracts, pieces or parcels of land: - 2 - A. The parcels of land conveyed by the following deeds, recorded in the Office of the Clerk of Suffolk County, as follows: Deed, Eo M..and W. Ferguson to United States, dated November 29, 1901, recorded February ~, 1902, in Liber 515 of Deeds, page 303. Deed, Walton Ferguson and wife, to Alfred L. Fersuson~ dated May 29, 1918, recorded June 6, 191U, in Liber 967 of Deeds, page 193. Deed, Walton Ferguson and wife, to Harry L. Fer~uson, dated May 29, 1918, recorded June 6, 1915, in Liber 967 of Deeds, page 195. Deed, Walton Ferguson and wife, to Helen M. Tilford, dated May 29, 1918, recorded June 6, 1918, in Liber 967 of Deeds, page 196. B. EXCEPTING also from the first described tract Lot numbered 30, 31, 32, 44, 52, 53, 56, 57, 60, 61, 62, 68 and 69 on a certain map entitled "Plan of peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler & Palmer, Engineers, in 1913," and filed in said Clerk's Office on May ll, 1913, file No. 223, being a part of the land conveyed by James H. Lyles, Trustee, to Frances :atherine Hedge, by deed dated May 1, 1877, recorded in said Clerk's Office July 6, 1877, Liber 229 of Deeds, page 204, re-recorded December 30, 1881 in Liber 260 of Deeds, page C. EXCEPTING, also, from the first described tract the parcels of land conveyed by Fishers Island Corporation the following deeds recorded in said Clerk's Office as Date of Date of Liber and Grantee Elsa Hoxsey Abbott Henry W. Bagley George Pomeroy Bartholomew and Marjorie LoveJoy Bartholomew, his wife Helen A. Benedict Clarence F.Bennett and Blanche H. Bennett, his wife Dorothy C. Benton Edith B. Blancke Deed Recordin~ · of Jan.27,1928 Feb.l,1928 L. 1330 of Deeds, p. 11~ 0ct.5,1931 Oct.l~,1931 L. 1609 of Deeds, p. ~1~ July 8,1927 Sept.18,1928 L. 1380 of Deeds, p. 47! Nov.4,1927 Nov.29,1927 L. 1318 of Deeds, p. 22 July 8,1927 July 26,1927 L..1285 of Deeds, p.265 June 1,1927 June 25,1929 Aug.3,1927 L. 1286 of Deeds, p.495 Sept~lT,1929 L. 1457 of Deeds, p.193 D~te of D~te of Grantee Deed Recordin~ Ralph H. Bollard Dec.30,19R? July 1~,1930 and Isabelle Bollard, his wife Irving Wo Bonbright June 21,1928 July ~5,1928 Irving W. Bonbright June 21,1928 July 25,1928 Irving W. Bonbright June 21,1928 July 25,1928 Irving W. Bonbright June R1, 1928 July 25,1928 Joseph A. Bower and Septo24,1928 0ct.19,1928 Emma A~ Bower, his wife Heyward E. Boyce Sept.R5,1928 Nov.2,1928 and C. Prevost Boyce, his wife W. Graham Boyce and May 12,1937 May 22,1937 Eliza Gillet Boyce, his wife Flint Bray~on Nov. 2,1931 Andrew B. Brown and Bertha S. Brown Liber and PaL of Recordin$ L. 1513 of Deeds, pp. 202-205 L. 1363 or Deeds, p.391 L. 1363 of Deeds, p.411 L. 1363 of Deeds, p.419 L. 1363 of Deeds, p.396 L. 1387 of Deeds, p.530 L. 1391 of Deeds, p.293 L. 1922 of Deeds, pp. 56-58 Feb.27,1932 L. 1636 of Deeds, p.24 Sept.20,1928 Sept.29,1928 L. 1383 of Deeds, Sept.25,1930 0ct.16,1930 L. 1533 of Deeds, p.22~ Donaldson Brown Aug.12,1930 Donaldson BroWn Oct.11,1929 Donaldson Brown sept.16,1931 John Nicholas Brown Jan.5,1937 Waldo C, Bryant Aug.l~,1930 L. 1520 of Deeds, p.180 Aug.14,1930 L. 1520 of Deeds, p.176 Jan. 2,1932 L. 1625 of Deeds, p.282 Jan.8,1937 L. 1901 of Deeds, p.163 July 8,1927 (said deed never having been recorded, the premises thereby con- veyed being the same premises described in deed made by Ida Bryant and Waldo Gerald BryanT, as Executors of the Iast Will and Testamen~ of Waldo C. Bryan~, Deceased, and The First National Ba~{ and Trus~ Company of Bridgeport, Ida Bry~n% and Waldo Gerald Bryant, as Trustees under the Las~ Will and Testam~ of W~ldo C. Bryan=, deceased, to Fishers ~--ieland~Farmc~nc. d~ted October 27, 1932 andTrecorded Decembe~ 13~ 192~in Liber 1688 of Deeds, page 369, and Agnes deF. C. Buckingham Date of Dase of Liber and Page Deed Recordin~ of Recording being ~ne same premises described as Parcels 1t, 12, 13 and 14 in deed made by Fishers Island Corporation ~o Fishers Island Farms, Inc. dated August ~, 193~ and recorded September 11, 1939 in Libei 2062 of Deeds, page 65.) June 1,1927 Oct.l~j1927 L. 1310 of Deeds, p.240 Richarm B. Bulkeley June 1~1927 Irvin8 T. Bush 0ct.15,1928 Walter S Carpen~er,0ct.19,1928 Jr. and Mary W. Carpenter, his wife Walter S Cai~enter,Aug.l,1930 Jr. and Mary W. Carpenver, his wife Walter S. Carpenter,Nov.9, 1931 Jr. and Mary W. Carpenter, his wife Walter S. Carpenter,Nov.9,1931 Jr. and Mary W. Carpenter, his wife July 16,1927 0ct.26,1928 0c~.25,1928 Joseph S. Carreau ?otter B. Chase Charles Cheney and Mary Bell Cheney, his wife L. 128~ of Deeds, p.196 L. 1389 of Deeds, p.390 L. 1389 of Deeds, p.134 Dec.3,!930 L. 1543 of Deeds, p.29 Nov.28, 1931 L. 1619 of Deeds, pp. 205-209 Nov.28,1931 L. 1619 of Deeds, pp. 201-204 0ct.15,1928 (said deed never having been recorded, the premises thereby conveyed being hereinafter particularly described.) June 1,1927 June 17,1927 L. 1276 of Deeds, p.171 Aug.22,1927 Sept.3,1927 L. 1292 of Deeds, P.357 Philip Cheney May 20,1929 June 4,1999 L. 1~35 of Deeds, p.585 Sarah Griffin 0ct.11,1927 0ct.25,1927 L. 1312 of Cheney Deeds, 9.351 Sarah Griffin Aug.l,1929 Aug.12,1929 L. 1450 of Cheney Deeds, p.46 Chocomount Homes Oc~.6,1937 Nov.9,193? L. 1953 of Inc. Deeds, p.286 Helen Ashton Clark Aug.l,1930 Oct.20,1930 L. 153~ of Deeds, p.103 Francis W. Cole 0ct.8,1929 0ct.23,1929 L. 1464 of Deeds, p.367 -5- Date of Grantee Deed Francis W. Cole Aug.ll,1930 William Ayres Agler June 2,1927 ook ~nnie Strong Cooke 0ct.21~1931 orman P. Cooley 0ct.30,1929 Elisha H. Cooper June 29,1931 and Margaret M. Cooper, his wife Alfred W. Dater and Jan.26,1929 Grace C. Dater, his wife Albert G. Davis Jan.30,1933 ~rancis B. Davis Feb.lO,1931 July 8,1927 Aug.28~1928 John Staige Davis and Kathleen Bow do in Davis /[ Armette p.Dederick Annette p. Dederick Aug.8,1930 Frederick S. Duncan 0ct.22,1929 Heron M.Dyckman Feb.28,1928 and Barbara B. Dyckman, his wife Job~n S. Dye and Jan.30~1933 Lucy W. Dye,his wife Alice S. Farmer July 8,1927 Alfred L. Ferguson Dec.l~,1927 Alfred L. Ferguson Dec.1~,1927 Charles Vaughau _ _J~ne 1,1927 Ferguson anm Harrlet Ferguson, his wife Charles Vaughan Dec.31,1927 Ferguson and Ha~mi~t--5- Ferguson, his wife --~ Da~e of Liber and ?ag~ Recording of Recordin Aug.15,1930 L. 1520 of Deeds, p. ~8 June 15,1927 L. 1277 of Deeds, p.422 0ct.~9,1931 L. 1612 of Deeds, pp. 507-510 Nov.l~,1929 L. 1468 of Deeds, p.137 July 23,1931 L. 1592 of Deeds, pp. 59-62 Feb.6,1929 L. 1~09 of Deeds, p.~8 Feb.3,1933 D. 1696 of Deeds, P.35~ May 13,1931 L. 1576 of Deeds, p.2~6 Nov.25,1930 L. 15~l of Deeds,p.3?8 Nov.14,19~O L. 2134 of Deeds, p. 1 Nov.l~19aO L. 2133 of Deeds, p.59! -Aug.l,19B3 L. 1727 of Deeds, p. 73 0ct.15,1928 L. 1386 of Deeds, p.363 Feb.17,1933 L. 1~98 of Deeds, p.3~7 Aug.l,1927 L. 1286 of Deeds, p.23~ Feb.28,1929 L. 1~12 of Deeds, p.500 Dec.20,192? L. 1322 of Deeds, p.l~ June 17,1927 L. 1276 of Deeds, p.t?5 June 29,1928 L. 1357 Deeds, p.~2~ -6- Date of Grantee Deed Dorothy T. Ferguson Sept.4,1931 Date of Recording Sept.26,1931 Eleanor M.Ferguson June 1,1927 and 5k~ma J. Ferguson Eleanor M.Ferguson Aug. 8,1928 Helen G. Ferguson Helen G. Ferguson Henry L. Ferguson John S. Ferguson John S. Farguson Fishers Island Farms, Inc. Charles P.Franchot Jan.19,1928 Jan.20,1928 0ct.2D,!927 May 20,1929 De¢.16,!93i Aug.4,193~ Aug.6,1937 June 15,1927 Aug.20,!928 Feb.14,!928 Feb.!4,1928 Nov.3,1927 May 24,1929 Jan.19,!932 Sept.ll,i939 Sept.ll,1937 Charles P.Franchot Aug.6,1937 Sept.ll,1937 Frances H. French Henry J. ~ller Henry J. Fuller Nancy Archibald Fuller William Shirley Fulton Nilliam W.Galbraith Nov.4,1927 and Y~tharine S. Galbraith, his wife June !, 1927 June 15,1927 Aug.6,i930 Dec.!6,1930 July 8,1927 July 23,1927 0ct.16,1928 Dec.19,1928 May 26,1930 June i9,1930 July 8,1927 Aug. D,1927 Nov.22,1927 Liber and Pag~ of Recording_ L. 1605 of Deeds, pp. 549-552 L. 1277 of Deeds, p.406 L. 1369 of Deeds, P.337 L. 1332 of Deeds, p.161 L.1332 of Deeds, p.!6) L. 1314 of Deeds, p.230 L. 1434 of Deeds, p.!31 L. 1628 of Deeds, P.577 L. 2062 of Deeds, p.6~ L. 1943 of Deeds, pp. 586-587 L. 1943 of Deeds, pp. 594-598 L. 1277 of Deeds, p.402 L. 1545 of Deeds, P.572 L. 1285 of Deeds, p.26 L. 1400 of Deeds, p.207 L. 1508 of Deeds, p.213 L. 1287 of Deeds, p.214 L. 1317 of Deeds, p.16~ Charles A. Goodwin 0ct.25,1927 Nov.28,1927 L. 1318 of Deeds, p.120 -7- Date of Date of Grantee Deed Recordin~ Frank H. Goodyear May 20,1929 June 10,1929 William M. Hager and Anoa E. Hager, hie wife Mary E. Haines Dec.31,t934 July 10,1930 Jan.22,1935 Aug.13,1930 Agnes M. Hanes Feb.7,1933 Mar.29,1933 George E. Hardy, Myrtie W. Hardy, D. Whitfield Hardy, Anton O. Hardy, Harold V. Goubert and Howard W.Cowan George E. Hardy, Sept.20,1930 Myrtie W. Hardy and D. sfnitfield Hardy Willie F. Harrington Novo12,1931 and Elizabeth F. Harrington, his wife Margaret J.Harrison Dec.19,1939 Nathalie H. Roberts and John Kearsley Mitchell Harrison George P. Hart Dec.31,1927 Apr.13,1928 Jan.24,1931 Nov.28,1932 Jan.2,1940 Nov.9,1928 Nov.l~,1928 George P. Hart June 29, 1931 July 10;1931 F. Bar~on Harvey June 17,1927 and Rose Linsey Harvey, his wife Helen V. Hathaway July 19,1935 July 8,1927 Aug.15,1935 Beatrice Hawkins June 1,1927 June 15,1927 Chester D. Heywood Dorothy Doolittle Holeomb July 8,1927 Aug.22,1927 Feb.4,1933 Sept.30,1927 Sept.7~1927 Feb.24,1933 Liber and Ps of Reeordl~ L. 1436 of Deeds, p.573 L. 1799 of Deeds, p.2!6 L. 1520 of Deeds, p.l14 L. 1705 of Deeds, p.372 L. 1342 of Deeds, p.90 L. 1552 of Deeds, p.51] L. 1619 of Deeds, p.17~ L. 2080 of Deeds, P.355 L. 1393 of Deeds, p.424 L. 1589 of Deeds, D.198 L. 1281 of Deeds, P.55i L. 1824 of Deeds. p.453 L. 1277 of Deeds, P.398 L. 1297 of Deeds, p.426 L. 1293 of Deeds, p.83 L. 1699 of Deeds, P.35~ Joseph H. FJd±,ne~--- A-~rg.t~,L930~ ~ Aug 20,1930_ L. 1521 of -8- Date of Grantee Deed Maribel C. Humpstone Sept.17,1930 Mabel L. Rutchlnson June 2,1927 Everett E. Jackson and Fay Leonard Jackson, his wife Nov. 16,1931 H. Arnold Jackson and K~therlne H. Jackson, his wife John Jacobs Fred I. Kent and Warner W. Kent Fred I. Kent Martha Tipton Kenyon Charles S. King Arthur F. LaFrentz Lagniappe, Inc. Lagniappe, Inc. Lewis G. Larus and Anne G. T. Larus~ his wife Charles W.Littlefield Sept.7,1928 and Georgie B. Littiefieid, his wife Charles W.Littlefield Aug.5,1930 and Georgie B. Littlefie!d, his wife Maurice A.Long and Jan.30,!933 Anne M. Long, his wife Jesse Robert Lovejoy Aug.22,1927 and Mary Gould Lovejoy, his wife Robert S. Maslin and Dec.2,1928 ~$hel B. Maslin, ms wife Date of Liber and Page Recording of Recordin.5- Oct.28,1930 L. 1535 of Deeds, P.5&3 June 14,1927 L. 1277 of Deeds, p.285 Dec.8,1931 L. 1621 of Deeds,p.lt9 June 11,1927 June 24,1927 L. 1279 of Deeds, P.338 Aug.8,1928 (said deed never having been recorded, the premises sh~eby conveyed being hereinafter particularly mentioned May 20,1929 May 28,1929 L. 1434 of Deeds, p.425 Apr.24,1933 Sept.2,1933 L. 1724 of Deeds, p.271 June 12,1928 Nov.ll,1931 L. 1615 of Deeds, p.142 Sept.t4,1931 0ct.17,1931 L. 1610 of Deeds, p.262 Dec.31~1927 July 12,1928 L. 1360 of Deeds, p.383 0ct.10,1930 Feb.2,1931 L. 1554 of Deeds, p.149 Apr.!O,1937 Sept.23,1937 L. 1946 of Deeds~ p.103 July 8, 1927 Aug.8,1927 L. 1287 of Deeds, p.524 Sept.25,1928 L. 1382 of Deeds, p.223 Aug.20,1930 L. 1521 of Deeds, p.411 Fe~.23,t933 L. 1699 of Deeds, p.160 0ct.17,192Y L. 1310 of Deeds, p.236 Feb.20,1932 L. 1634 of Deeds, P.597 -9- Date of Grantee Deed Erard Adolph June 17,1927 Matthiessen Erard Adolph 00t.i8,1927 Matthiessen Alexander A. Mar.26,1928 McDonnell Hollyday S.Nseds,Jr. Dec.3,1930 Edith Welles Meyer Nov.18,1937 Louis deB. Moore July 3, 1930 John M. Morehead Dec.31, 1927 Alexander P.Morgan July William 0sgood June 2,1927 Morgan Robert J.Nelden and 0ct.11,1927 Sarah M.Nelden, his wife, and Jesse L. Terry and Kathleen N. Terry, his wife William R. Nichols, July 8, 1927 Jr. iFrancis Tilden Jan.25,1929 Nichols and Central Rose Tilden Nichols,July 15,1931 Alden C. Noble and Helen A. Noble, his wife Agnes B. Noyes Oct. 18,1937 July 8,1927 Agnes B.Noyes Aug.l,1927 Agnes B. Noyes-~ 0ct.i-8,1927 ~ Date of Recordin~ July 14,1927 Nov.18,1927 Apr.2,1928 Jan.15,1931 Nov.22,1937 July 30,1930 Jan.l~,1928 Aug.2,1~33 July 7,1927 0ct.20,1927 Jan.31,1928 Jan.31,1929 Aug.6,1931 0et.22,1937 Sept.14,1927 Sept.l~,lg~7 Nov.3,192~ of Recordinl L. 1300 of Deeds, p.6a L. 1316 of Deeds, p. SO0 L. 1339 of Deeds, p. L. 1551 of Deeds, P.S& L. 1995 of Deeds, p.~54 L. i5i6 o£ Deeds, P.57Ci L. 1326 of Deeds, p.480 L. 1727 Deeds, p.l~3 L. 1281 of Deeds, p.281] L. 1311 of Deeds, L. 1329 of Deeds, p.567 L. 1~07 of Deeds, p.566 L. 1595 of Deeds, p.26 L. 1951 of Deeds, p.70 L. 129& of Deeds, p.192 L. 1294 of Deeds, p.197 L..1314 of~ Deeds, p.18b - 10 - Date of Grantee Deed Agnes B. Noyes Aug.8,1928 Augustus Embury 0ct.11,1927 Palmer and Elizabeth Hepburn Palmer, his wife Date of Liber and Page Recordin__g~ of Rec In Nov.2,1928 L. 1391 of Deeds, p.297 Dec.2,1930 L. 1542 of Deeds, p.497 Charles B. Parsons Nov.18,t92~ Alexander C. Jan.31,1928 Pendleton and Martha F. Pendleton, his wife Ralph H. Perry Winslow S. Pierce Maxwell S. Porter Sherburne Prescott Sherburne Prescott Corinne G.Ra£ferty Aug.8,1928 Dec.4,1929 Aug.22,1927 June 2,1927 Sept.l$,1929 June 17,1927 Madeline 0. Rafferty Dec.17,1929 James H.Rand, Jr. William T. Reed William T. Reed Edwin Wilbur Rice~ Jr. Edwin Wilbur Rice, Jr. L. Martin Richmond Jesse H.Riggs and Charlotte S.Rlggs, his wife Apr.29,1931 June 2,1927 Sept.26,1930 Aug.!l,!930 Aug.l~,193! June 17,1927 Dec.30,1930 0st.9,1931 L. 1560 of Deeds, p.266 Feb.8,1928 L. 1331 of Deeds, Aug.30,1928 L. 1372 of Deeds, p.21 Jan.24,1930 L. 1482 of Deeds, p.13 Nov.17,1927 L. 1316 of Deeds, p.418 June 10,1927 L. 1278 of Deeds, p.227 Sept.25,1929 L. 1fl59 of Deeds, p.138 June 23,1927 L. 1276 of Deeds, p.ll/ Jan.13,1930 L. 1477 of Deeds, P.591 May 21, 1931 L. 1578 of Dseds, p.181 June 15,1927 L. 1277 of Deeds, p.~10 0ct.6,1930 L. 1531 of Deeds, p.287 0ct.9,1930 L. i532 of Deeds, 9.93 Sept.10,1931 L. 1602 of Deeds, p.225 June 29,1927 L. 1279 of Deeds, 9.563 Jan.8,1931 L. 1550 of Deeds, p.251 Harold Rowe and Aug.22,1927 Feb.l,1934 L. 1750 of Kathevine P.Rowe, h__is w~ze Deeds, p.315 - i1 - Grantee Dorothy M.Russell Frederick SJ Ruth Date of Date of Ltber and Page Deed Recording of Recordir Dec.31,1927 0ct.22,1928 L. 1388 of Deeds, p.2~0 July 8,1927 Dec. 2,1927 L. 1319 of ~eeds, p.1 June 28,1928 July 12,1928 L. 1361 of Deeds, p.490 Walter N. Ruth and Mary Nelson Ruth, his wife Annie E. Schultz, May 20,1929 June 22,1929 L. 1439 of Trustee under the Deeds, p.398 Will of L. S. Ellsworth Annie E. Schultz, Aug.l,1930 Aug.19,2930 L. 1521 of Trustee under the Deeds, p.223 Will o£ L. S. Ellsworth Grant G. Simmons Mar.25,1931 Edith K. Skinner June 2,1927 Helen Talcott July 8,1927 Stanley Maurice Stanley and 0ct.t1,1927 Margaret S. Stanley, his wife Jane H. and Marian Oct.21,1930 Swords Mary D. Tlff~ Apr.17,1931 James Dean Tilford Aug.6,1937 and Helen M.Tllford, his wife Apr.16,1931 L. 1569 of Deeds, p.~19 June 15,1927 L. 1277 of Deeds, p.~18 Aug.14,1930 L. 1520 of Deeds. p.289 May 10,1928 L. 1347 of Deeds, p.18& (re-recorded October ~, 1938 L. 2007 of Deeds~ p. 462) Dec.3,1930 L. 1543 of Deeds, p.25 Nov.l~,1940 L. 2133 of Deeds, P.590 Sept.24,1937 L. 1946 of Deeds, p.217 James Dean Tilford Dec.31~1927 and Helen M.Tilford, his wife Jan.!2,!928 L. 1326 of Deeds, p.206 Elizabeth S. Upp Nov.5,1928 Jan.3,1929 L. 1402 of Deeds, p.210 Cornelia W. Vanderpool July 20,1931 July 28,1931 L. 1593 of Deeds, p.36 Douglass Van Dyke June 1, 1927 June 17,1927 L. 1276 of ~--~---- Deeds, p.~81 Douglass Van Dyke 0ct.11,1927 0ct.21,1927 L. 1311 o£ Dee d.~-,._ .p. 5-52 - 12 - Grantee Van Vleck and Carolyn W. Van Vleck, his wife King Wainwright Date of Deed July 8,1927 Dec.31,192Z Henry p. Walker June 17,1927 ~enry p. Walker 0ct.28,1928 Andrew B. IJallac¢ and Florence W. krallace, his wife ¥. I;allace and Ruth ~;allace Demarest June !7~1927 Aus.29,1926 Aug.29,1928 !,iadora V. Wallace and Norw~an Wallace Madora ¥. Wallace Aug.l,1929 Mar.26,1931 Florence S. Warner Nov.18,1936 Y. Cheney Wells Aug.l,1930 Robert H. %'~ite and Elsie C. White, his wife July 8,1927 Henry %'~it~ Dec.31,192~ Florence C.~itney Dec.1,1928 snd Elsie S. Williams, his wife July 8,1927 John S. Williams and July 8,1927 Sarah McL. Williams, his wife Marjorie Phillip Williams Aug.22,1927 Nine C.D. Williams June 17,1927 Date of Liber ~dPa Recording of July 22,1927 L. 128~I of Deeds, p.~18 Nov.27,1940 L. 2136 of Deeds, p.183 July 22,1927 L. 1284 of Deeds, p.~86 Nov.12,1928 L. 1393 of Deeds, June 24,1927 L. 1279 of Deeds, p.2~4 Sept.13,1928 L. 137~ of Deeds, p.500 Sept.!3,2928 L. 137~ of Deeds, p.50~ Aug.30,192~ L. 1~5~ of Deeds, P.99 July 9,1931 L. 1589 of Deeds, p.88 Nov.30,1936 L. 189~ of Deeds, P.318 Aug.25,1930 L. 1523 of Deeds, P.170 Nov.?,1927 L. 131~ of Deeds, p.411 Jan.30,i928 L. 1329 of Deeds, D.~8' Jan.28,1929 L. 1~07 of Deeds, P.83 Mar.16,1929 L. 1~15 of Deeds~ P.371 July S6~1927 L. 1285 of Deeds, P-392 Sept.7,1927 L. 1293 of Deeds, P.1 July 31,1930 L. 1517 of Deeds, P.t94 -13- ~aul T. Wise and Caroline Lesber G!enfield S. Young Efrcm Zimbalis~ and Alma Gluck Zimbalist Date of Date of Liber and Pa Deed Recording of Recordin Nar.l,1937 Aug.31,1937 L. 1914 of Deeds, p.4i Sept.3,1929 0c~.1,1~9 L. 1460 of Deeds, p.l16 Sept.16,1~31 Nov.i7,1931 L. 1614 of Deeds, p.317 0ct.6~1930 Nov.l>,1930 L. 1537 of Deeds, p.24~ Aug.6,193[ Sept.ll,1937 L. 1943 o~ Deeds, p.588 0ct.~,1928 Oet.2A,i~28 L. 1389 of Deeds, p.7i Sep5.2~,193! 0cv.7,!931 L. 1608 of Deeds, p.279 Aug.2~,1928 Har.26~1929 L. 1422 of Deeds, p.267 EXCEPTING also from the first described tract the followin& properties neretoforP conveyed by Fishers Island Corporation: 1. The property conveyed by deed made by Arthur E. Nhitney and his wife to Louise Max~3ell Whitney, dated October 29, 1928 and recorded November 2, 1928, in Liber 1391 of Conveyances at page 2. The property conveyed by deed made by Florence Whitney to John S. Ferguson dated July 30, 1929, record- ed August 14, 1929, in Liber 1~50 of Deeds, page ~00. 3. The property conveyed by Fishers Island Corporation to Joseph S. Carreau, by deed dated October 15, 1928, above mentioned, therein described as follows: BEGINNING at a stone monument set on the Easterly side of a road forty feet wide, said monument being one hundred and ninety and seventy-six hundredths feet South of a point which is thir=een hundred and sixteen and eighty-seven hundredths feet West of another monu- ment marking the U.S. Coast and Geodetic Survey Triangulation Station "East End 2" (which said "East End 2" monument is located on the summit of the highest hill East of East Harbor on Fishers Island, N.Y. and lies South fifty-four minutes West of Latimer Reef Ligh~ in Fishers Island Sound); and running thence North eighty-nine degrees and twelve minutes East one hundred and thirteen and ninety-four hundredths feet to a stake; thence South fifty-two degrees twelve minutes and ten ~ ~seconds East one hundred and~one and fifty-six hundredth~ feet to ~ s-~ake; ~h~noe So-t,~ twelve degases f~ft?two minutes and forty seconds East seventy-eight and eighty-seven hundredths feet to a stake set on the ~ Northerly side of another road forty feet wide; thence Southwestwardly adong the Northerly side of said road (and following the arc of a curve to the left whose radius is three hundred and thirty-nine and ninety-two hundredths feet and the direction of whose radius at that point is South twenty-four degrees fifty_i~ive minutes and thirty seconds East) one hundred and one and ninety-eight hundredths feet to a stake; thence, still along the Northerly side of said road, South forty-seven degrees fifty-three minutes and ten seconds Lrest thirsty_ six and fifty-one hundredths feet to a stake marking a point of curve to the rlghs whose radius is ~wo hundred and nine and eighty hundredths feet and the direction of wi~ose radius a~ that point is North forty-two degrees six minutes and fifty seconds West; thence Southwestwa still along the ~ortherty side of said road (and follow- lng the arc of said curve), ninety-one and sixty-three hundredths feet to a stake; thence, still along the Northerly side of said road, South seventy-two degrees fifty-four ~linutes and forty seconds ~des~ twenvy-eight and thirty hundredths feet to a stake mark~lng a point of cur~e ~o the right whose radius is two hundredths feet and the directiol~ of whose radius that point is North seventeen degrees five minutes and twenty seconds West; thence ~des~wardly, still along the Northerly side of said road (and following the arc of said curve), ~ , - ~.enty-seven and ninety-four hundredths to a stake set at the intersection of said road with Easterly side of the road first above mentioned~ thence, along the Easterly side of said road, North two degrees twenty-five minutes and ten seconds Eas~ one hundred and fifty-one feet to a stake marking a point of curve to the right whose radius is four hundred and six and eight hundredths feet and the direction of whose radiu~ at that point is South eighty-seven degrees thirty-four minutes and fifty seconds East; and thence Northwardly, still along the Easterly side of said road (and follo~i the arc of said curve), one hundred and seven and eight one hundredths feet to the place of beginning; contaln~ 4. The property conveyed by }~ishers Island Corporation to John Jacobs, by deed dated August 8, 19~8, not reco ed, but particularly described in quit-claim deed made by Fishers Island Estates, Inc. to John Jacobs, dated as of December 31~ 19&0, recorded in said Clerk.s Office May 18, 1953 in Libor 3516 of Deeds at page 455. 5. The property~ easements and rights heretofore con- veyed by Fishers Island Corporation to The Fishers Island ~lectric Corporation and to The Fishers Island Telephone Corporation by deeds dated respectively December 30~ 1939 and recorded in said Clerk's Office on November 23, 19~0 in Libor 2135 of Deeds, at pages &49 and 433 respectively. TOGETHER with all easements, rights of way and rights and privileges whatsoever reserved by or granted to and in deeds made by it, ~,~hether or not recorded, and togethe with all covenants and agreements in favor of said Fishers Island Corporation set forth in deeds made by it, whether or Dn - 15- TOGETHER with all islands, harbors, coves, inlets bays, ponds, streams and all waters in, upon, adjoining or forming s part of Fishers Island, lying Easterly of the line described under the first described tract, and the shores and beaches and the uplands and lands under water thereof, and TOGETHER with the appurtenances and also all the estate which Fishers Island Corporation had at the time of its adjudication in bankruptcy in said premises. BEING THE SAME properties and rights and interests in property conveyed to the party of the first part by deed dated December 31, 1940, made by James Henry Rambo, as Trustee in Bankruptcy of Fishers Island Corporation, recorded in said Clerk's Office on March 20, 1941 in Liber 2153 of Deeds, page 364, but EXCEPTING therefrom the following: 1. The parcels of land conveyed by the party of the first par~ by the following deeds, recorded in said Clerk's Office, as follows: %dolph Ahlgren 0ct.28,1946 Adolph Ahlgren Mar.29,1955 Adolph Ahlgren and Ulla Ahlgren, his wife Sept.20,1946 Adolph Ahlgren and Ulla Ahlgren, his wife Mar.29,1955 Theodore Lawrence Apr.5,1950 Araslmowlcz Reginald Auchincloss June 30,1954 Bruce Baetjer Sept.19,1951 Richard G. Baker Feb.14,1964 and Patrlcia M. Baker, his wife Lawrence S. Jan.19,1945 Baldwin and Bertha W. Baldwin, his wife Lawrence S. Apr.12,1950 Baldwin and Bertha W. Baldwin, his wife John J. Bogert May 1, 1962 his wife Date of Liber and Page Recordln~ of Recording Oct.31,1946 L. 2642 of Deeds, p. 523 Apr.4,1955 L. 3863 of Deeds, p. 318 Sept.26,1946 L. 2627 of Deeds, p. 174 Apr.~,1955 L. 3863 of Deeds, p. 314 Apr.21,1950 L. 3067 of Deeds, p. 202 July 9,1954 L. 3722 cf Deeds, p. 148 0ct.8,1951 L. 3274 of Deeds, p. 355 Mar.23,1964 L. 5516 of Deeds, p. 537 Mar~,16,1945 L, 2428 of Deeds, p. May 10,1950 L. 3074 of Deeds, p. 240 June 21,1962 L. 5185 of .... ~ ~ Dee~s~ p. 135 - 16 - Date of Grantee Deed Margare~ M.Boger~ Dec.18,1953 Walter H.Bohlen and Mary E.Bohlen, his wife Nov.30,1945 Kenyon Boocock and Glenn Winnett Booeock, his wife Lily Cushing Boyd Apr.5,1949 June 18,196~ B. Rionds Braga and Mary S.B,Braga, his wife T.Jerrold Bryce and Helen Glenn Bryce, his wife Walker G.BucKner Apr.30,1956 June 11,19~8 Aug.18,1964 and Helen W.Buck~uer, his wife Walker G. Buckner May i2,1966 and Helen W.Buckner, his wife Date of Recordin~ Dec.27,1951 Dec.27,1945 Apr.25,1949 July 7,1964 May 10,1956 June 22,1948 Sept.22,1964 May 24,1966 Liber and Page of Recordin~_ L. 3304 of Deeds, p. 258 L. 2515 of Deeds, p. 525 L. 29~2 of Deeds, p. 403 L. 55?2 oP Deeds, p. 232 L. 4110 of Deeds, p. ll5 L. 2840 of Deeds, p. 147 L. 5619 of Deeds, p. 78 b. 5962 of Deeds, p. 484 Bradford Burnham Bradford Burnham Elbert W. Burr Elbert W. Burr Elbert W. Burr Cass Canfield Caroline E. Cant Leroy Carney and Mary Carney, his wife Sept.25,1953 Aug.18,1958 June 13,1949 Jan.lO,1952 Feb.18,1964 Aug.2,1951 Dec.13,1962 Sept.27,1961 Edmund N. Carpenter,July 5,1955 II Colby M.Chester,3rd June 23,1965 0ct.1~,1953 Sept.8,1958 June 16,1949 Feb.8,1952 Feb.26,196~ Sept.7,1951 Dec.19,1962 0ct.20,1961 Dec.i6,1955 July 20,1965 L. 3595 of Deeds, p. 74 L. ~510 of Deeds, p.282 L. 2960 of Deeds, p. 215 L. 3319 of Deeds, p. 147 L. 5505 of Deeds, po 280 L. 3261 of Deeds, p. 39 L. 5281 of Deeds, p. 523 L. 5067 of Deeds, p. 467 L. 4040 of Deeds, p. 417 L. 5784 of Deeds, p. 197 - 17- Grantee Colby N. Chester, III Allen C. Cook and Annie Cook, his wife Date of Date of Liber Deed Recordin~ of Sept.7,1965 Sept.29,1965 L.5830 of Deeds, p.~89 Nov.16,1956 Jan.9,1957 L. 4240 of Deeds, p. ltl Robert H. Cowan Feb.7,1962 June 5,1962 Theodore N. Danforth July 26,1965 Aug~s~4j965 and Isabel B.Danforth,hfs wife Lammot duPont Pierre S. duPont, 3rd Pierre S. duPont Pierre S. duPont, 3rd Reynolds duPont Sept.l~,1950 Jan.lO,1952 Sept.27,1961 Dec.27,1956 July 5,1955 Raymond W. Edwards Aug.27,1954 and Anna S. Edwards, his wife Duncan S. Ellsworth 0ct.30,1953 H.Lee Ferguson, Jr. July 12,1562 and Martha M.Ferguson,his wife Ella Milbank Foshay Jan.ll,1961 Frances H. French Mary R. Gordon John W. Hanes John W. Hanes David F. Harris Otis Horn and Aug.13,1952 Jan.28,1963 Apr.2,1953 Aug.31,1953 0ct.1,1964 Sept.15,1958 L. 5176 of Deeds, P.152 L.5793 of Deeds, p.412 L. 3140 of Deeds, p.lO1 L.3313 of Deeds, p. 19 L. 5153 of Deeds, p. 509 L. 4245 of Deeds, p. 522 L. 4040 of Deeds, p.424 L. 3760 o£ Deeds, p. 532 0ct.18,1950 Jan.22,1952 Apr.18,1962 Jan.18,195? Dec.16,1955 Sep~.21,1954 Nov.9,1953 L. 3609 of Deeds, P.?3 Sept.17,1962 L. 5231 of Deeds, p. 567 Jan.18,1961 L. 493? of Deeds. P.72 Aug.21,1952 L. 3396 of Deeds, p. 294 Apr.25,1963 L. 5338 of Deeds, p. 189 May 18,1953 L. 3516 of Deeds, p. 447 0ct.16,1953 L. 3596 of Deeds, p. 79 Dec.18,196~ L. 5672 of Deeds, p. 467 Nov.16,1958 L. 45~1 of his wife .... ~ ' = ......... ~ Deed~s, p.36m William H.Hubbard Nov.12~lg~l Dec.12,1941 L. 2206 of his wife - 18 - Date of Orantee Deed Robert Leeson Dec.~,1950 Iohn Leone Feb. Z2,1945 George deF. Lord June 18,1954 and Ruth duPont Lord, his wife George deF. Lord and Ruth duPont Lord, his wife Curtis ~[. I,[¢Oraw Feb. 24,1963 Jan.!21,19D3 Erard A. Matthiessen Nov.17,1960 Brard A. }iatthiessen Au~.lS,ig47 Peter Matthies sen Margot B. l,]aw Alice F. ililliken Date of Liber and Page Recordin~ of RecordinB Dec.12,19y0 L. 3163 of Deeds, p. 149 March 16,1945 L. 2428 of Deeds~ p. ~31 July 26,1954 L. 3730 of Deeds, p. 571 April 23,1963 L. 5337 of Deeds, p. 1 Feb.ll,!953 L. 3473 of Deeds, p. 540 Yov.29,!960 L. &912 of Deeds, p. 480 £ept.20,1~9 Nov.17,1960 Nov.29,i~60 Feb.26,1965 Apr~3,196~ Apr.20,1964 May 6,i964 Comfort P. O'Connor March ~1,1965 ApriI 2~1965 Bertha R. Olsen Jan.15,1945 Remington Rand, In¢.Sep~.2~1948 William C.Robinson,Jr. Dec.24,1957 F~b.24,1958 Louis Rorer and May 2,1946 May Dorothy J. Rotar, hie wife Marci~ 16,1965 Sept.2&,1948 L. 2994 of Deeds, p. L. 4912 of Deeds, p. 473 L. 5728 of Deeds, p. 470 L. 5338 of Deeds, p. 493 L. 5733 of Deeds~ po 9 L. 2428 of Deeds, p. 536 L. 2876 of Deeds, p. 403 L. 4431 of Deeds, P. 31 L. 2559 of Deeds, p. 354 Thomas R. Rudel and Aug.25,1948 Doris T. Rudel Joseph L. Smit~ Dec.24*lp~a and ~uth M.Sml~h,his wife Warren H. Snow 0ct.21,1954 John TemRle Swin~ Sept. O,1964 and Janet Adams Swing, his wife 0ct.7,1948 Jan.29,1946 Nov.9,l~54 0ct.8,1~64 L. 2881 of Deeds, p. 547 L. ~52~ of Deeds, p. 3~7 L. 3787 of Deeds, p. 523 L. 5630 of Deeds, p. 125 - 19 - Date of ~rantee Deed ~rbara C. Watkins Dec.7,1960 John Hay Whitney 0ct.29,1948 John Hay Whitney Nov.2~,1952 John Hay Whitney Jan.31,1962 David R. Wilmerdlng Dec.29,1953 Glenn Winnet~ Nov.l~,1966 Boocock - Cass Canfield Nov.17,1966 Barbara S.Kirkland Nov.12,1966 Date Recordln$ of Recording Des.27,1960 L. 4926 of Deeds, p. Nov.8,1948 L. 2892 of Deeds, p. 401 Dec.l,1952 L. 3~3 of Deeds, p. 460 FebJ9,1962 L. 5124 of Deeds, p. 580 Jan.15,1954 L. 3639 of Deeds,~p. 402 Nov.29,1966 L. 6076 of Deeds, p. 387 Nov.29,1966 L. 6076 of Deeds, p. 394 Nov.17,1966 L. 6071 of Deeds, p. 7 2. The lands and interests in land of the party of the first pars taken by the United States of America in an action instituted in the United ~tates District Court, Eastern District of New York, entitled - "United States of America, Petitioner-Plaintiff versus R4.42 acres of land, more or less, at Fishers Island, Town of Southold, County of Suffolk, State of New York, and Fishers Island Estates, Inc. et al. Defendants," [C.P. No. 13), which lands and interests in laad are particularly described in the Judgment of Condemnation entered in such proceedings in the Office of the Clerk of said Court on November 16, 1943. 3. The easement fora water main taken by the United States of America in an action instituted in the United States District Court, Eastern District of New York, entitled "United States of America, Petitioner- plaintiff: versus O.i6 of an acre of land, more or less, situate in the Town of Southold, County of Suffolk, State of New York, and Fishers Island Estates, Inc., Town of Southold, County of Suffolk, State of New York, ~e New York Trust Company, Defendants," (C.P~ No. 31), which easement and the land burdened thereby are particularly described ~n the Judgment on the Declaration of Taking No. 7, dated May 27, 1943 and entered in such proceedings in the Office of the Clerk of said Court and which Judgment was recorded in the Office of the Clerk of Suffolk County on June 3, 1943 in Liber 2289 of Deeds, page 596. - 20 - 4. TOe easement for highway purposes granted by the party of the firss part to the Town of Southold by deed of dedication, dated July 8, 1949 and recorded in said Clerk's Office on October 13, 1949 in Liber 3005 of Deeds, page 147. 5. The rights and easements conveyed by the party of the first part by the indenture, dated July 24, 1962, made between Alfred L. Ferguson, Marion B. Ferguson, Fishers Island Estates, Inc. and Fishers Island Development Corp. as the party of the first part thereto and Alfred L. Ferguson, Marion B. Ferguson, Fishers Island Estates, Inc. and Fishers Island Development Corp., as the party of the second part thereto, which indenture was recorded in said Clerk.s Office on September 17, 1962 in Llber 5231 of Deeds, page 559. 6. ~he property, easements and rights heretofore sonveyed by the party of the first part to Fishers Island Water Works Corporation by deed dated even date herewith and intended to be recorded in said Clerk's Office prior to the recording hereof. 7. The easement for a water line granted by the party of the first part to John W. Hanes by deed dated December 10, 1956. 8. The easement for a pipeline for water and conduits for the transmission of electric current for electric and telephone lines granted by the party of the first part to Eileen B. Robblns by deed dated August 13, 1965. · O~ETHER, with all easements, rights of way and rights and privileges whatsoever reserved by or granted to the party of the first part contained in instruments of record and in deeds made by it, whether or not recorded, and together with all covenants and agreements in favor of the party of the first part or the party of the first part, it's successors or assigns set forth in said instru- ments of record and in deeds made by it, whether or not recorded. SECOND PARCEL All those certain pieces or parcels of land situate lying and being at Fishers Island in the Town of Southold, County of Suffolk, State of New York, conveyed by Walter w.,,~,~ to the party of the first part by deed, dated October 25, 1950 and recorded in said Clerk's Office on November 8, 1950 in Liberal48 of Deeds, page 555, said parcels being bounded and described as follows: PARCEL A s~^ ~ ~E~INNING at a St~ent set on *~ ..... hu~l. dred and thl~-~'~n~gr~$m~eS~u~en~ b~ing sixteen dredths feet~~o~ gF~2~H~_~?ent~-four and twenty hun- (which said "C ~- Chocomount 2 summit of the highest hill on Fishers Island, N.Y. about two and one-quarter mlles~West of the Eastern end of Fishers Island and lies South seventy-mine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence South forty-six degrees and forty-five minutes East two hundred and twenty- eight and twenty-one hundredths feet to a stake; thence South sixty-three degrees fifty-five minutes and thirty seconds East one hundred and seventy-one and twenty-three hundredths feet to a stake; thence South eighteen degrees forty-four minutes arid fifty seconds West one hundred and sixty-eight and seventeen hundredths feet to a stake set on the Northerly side of another road forty feet wide; thence Westwardly, along the Northerly side of said road (and £otlo~ ing the arc of a curve to the .left whose radius is seven hundred and six and twenty-one hundredths feetand the dir- ection of whose radius at that point is South two degrees two minutes and fifty-four seconds East), one hundred and forty-four and sixty-eight hundredths feet to a stake; thence still along the Northerly side of said road, South seventy- six degrees twelve minutes and fifty seconds West forty and forty-one hundredths feet to a stake mrking a point of curve to the right whose radius is eighty-one and sixty-seven hun- dredths feet and the direction of whose radius at that point is North thirteen degrees forty-seven minutes and ten seconds West; thence Westwardly, along the Northerly side of said road (and following the arc of said'curve)~ one hundred and twenty-eight and sixty-one hundredths feet ~o a stake set at the intersection of said road with the Easterly side of the road first above men<ioned; thence, along the Easterly side of said road, North thirteen degrees thirty-three minutes and ten zeconds West one hundred and sixty-six and ninety-nine hUndredths feet ~o a stake marking a point of curve ~o the right whose radius is ~wo hundred and eleven and fifty-seven hundredths feet and the direction o£ whose radius at that point is North seven,y-six degrees twenty-six minutes and fifty seconds East; thence Northwardly, along the Easterly side of said road ( and following the arc of said curve), two hundred and ~wo and eight hundredths feet ~o a stake; and thence, still along the Easterly side of said road, North forty-one degrees ten minutes and twenty seconds East eleven and ninety-eight hundredths feet ~o the place of beginning; containing two and twenty-one hundredths acres, PARCEL B BEGINNING a~ m stone monument set on the SoutheasteK side of a road forty feet wide, said monumen5 being eleven hundred and twenty-eight feet West of a point which is seven hundred and seven~y-seven and seventy-four hundredths fee~ North of another monument marking the U.S. Coast and Geodetic Survey Trian~o/ation Station "Chocomount ~' (which sa~d Chocomount 2-- monument is located on the sun'it of th~-hi hes~ g hill on Fishers Island, N.Y. about ~wo and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minuses and forty-six second East of North Dumpling Light in Fishers Island Sound); and running thence South fifty degrees one minute and twenty seconds East one hundred and sevensy-six and fifty-seven hundredths feet ~o a stake; thence South fdrty degrees and forty-three minutes West one hundred and two and ninety-six hundredths feet to a stake; thence South eleven degrees sixte~ minutes and fifty seconds West one ~und~ed and eighty-six and forty~r~dr%~d~l~ f~e~-to ~ stak~;,.~..enoe North se~nt~-fo~ degrees fifty-seven minutes and thirty Seconds West Shr~e - 22 - hundred and thirty-seven and eighteen hundredths feet to a stake set on the Southeasterly side of said road; thence, along the Southeasterly side of said road, North forty-one degrees ten minutes and twenty seconds East two hundred and fifty and ninety-three hundredths feet to a stake marking a point of curve to the right whose radius is three hundred and seventeen and fifty-five hundredths feet and the dire of whose radlus at that point is South forty-eight degrees forty-nine minutes and forty seconds East; thence Northeast- wardly, still along the Southeasterly side of said road (and following the arc of said curve), one hundred and forty-five and thirty-five hundredths fe~t to a stake marking a polnt of curve to the right whose radius is three hundred and seven- teen and fifty-five hundredths feet and the direction of whos, radius at that point is South twenty-two degrees thirty-six minutes and ten seconds East; thence Northeastwardly, still along the Southeasterly side of said road (and following the arc of said curve), twenty-three and fifty-five hundredths feet to a stake; and thence, still along the Southeasterly side of said road, North seventy-one degrees thirty-eight minutes and fifty seconds East five and fifty-five hundredth~ feet to the place of beginning; containing two acres, more or less. PARCEL C BEGINNING at a stone monument set on the Southeast- erly side of a road forty feet wide, said monument being eleven hundred and twenty-eight feet West of a point which is seven hundred and sevenby-seven and seventy-four hundredths feet North of another monument marking the U.S. Coast and Geodetic Survey Triang~latlon Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, N.Y. about two and one- quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence,along the Southeasterly side of said road, North seventy-one degrees thirty-eight minutes and fifty seconds East one hundred and nineteen feet to a stake marking a point of curve to the left whose radius is three hundred and eighty-nine and twenty-nine hundredths feet and the direction of whose radius at that point is eighteen degrees twenty-one minutes and ten seconds West; thence Nbrtheastwardly, along bhe Southeasterly side of said road (and following the arc of said curve), two hundred and forty and eight hundredths feet to a stake; thence, still along the Southeasterly side of said road, North thirty-six degrees eighteen minutes and forty seconds East sixteen feet to a stake; thence South sixty degrees twenty-seven minutes and forty seconds East one hundred and eighty-six and eighty- nine hundredths feet to a stake; thence South nine degrees thlr'ty minutes and twenty seconds East three hundred and seventy-four and sixty-two hundredths feet to a stake; thence South sixty-seven degrees and fifty-four minutes West one hundred and eighty-six and fifty-seven hundredths feet to a stake; bhence North forty-five degrees and six minutes West three hundred and twenty,four and forty-six hundredths feet to a stake; and thence North fifty degrees one minute and twenty seconds West one hundred and seventy-six and fifty- seven hundredths feet to the place of beginning; containing three and fifty hundredths acres, more or less. PARCEL D ~EGI?~NING at a stone monument set on the Easterly side os' a road forty feet wide, said monument being eight hundred and forty-seven and eight-hundredths feet Nest of a point v~hich is one hundred and seventy and sixty-two hundredths feet Horth of another monument marking the U.S. Coast and Geodetic Survey Trianfmlatlon Station "Chocomount . of the hi~hcst hill on Fishers Island, N.Y. about two and quarter 'niles ~/~sz of the Eastern end of Fishers Island eno forty-six seconds East of North Dumoling Light in Fishers Islan~ Sound); and running thence i,i~rth sixty-eight degrees fifty-six minutes and twenty seconds West twenty feet to a stake; thence North twenty-one degrees forty-six minutes and for~,, seconds East two hundred and seventy-seven and twent.j- six hundredths feet to a stake; thence North sixty-seven degrees and fifty-four minutes East one hundred and eighty- six and fifty-seven hundredths feet to a stake; thense Scut!. forty-three degrees nine minutes and twenty sesonds East hundre~ and twenty-eight and fifty-one hundredths feet to a stake] thence South forty-four degrees and forty-eight minutes East one hundred and forty-four and seventy-nine hundredths feet to a stake; thence South fifty-four minutes and forty seconds ['~est two hundred and sixty-eight and eigh~j. three hundredths feet to a stake; thence South eighty-nine degrees thirty-six minutes and twenty seconds West one hundred and sixty-five and sixty-two hundredths feet to a stake; and thence North sixty-four degrees thirty-five minutr~ -miry seconds West three hundred and six and eighty- hundredths feet to the place of beginning; containing three PARCEL E BEGI~[ING at a stone monument set on the Easterly side of a road forty feet wide, said monument being eight hundred and forty-seven and eight-hundredths feet West of a }oint which is one hundred and seventy and sixty~two hundredt~ feet North of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of thc highest hill on Fishers Island, N.Y. about two and one- quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minutes and f orty-six seconds East of North Dumpling I~lght in Fishers Island Sound); and running thence South sixty-four degrees thirty-fi~e ~nutes and fifty seconds East three hundred and six and eighty-hundredths feet to a stake; thence South twenty-four degrees fifty-six minutes and ten seconds West two hundred and sixty-four and twenty-seven hundredths feet to a stake; thence North eighty-six degrees fifty minutes and fifty seconds West two hundred and thirty-one and eighty-hundredths feet to a stake; thence North thirty-nine degrees fifty-three minutes and thirty seconds West one hun- dred and eight and eighty-hundredths feet to a stake set on the Easterly side of said road; thence Northwardly, along the Easterly side of said road (and following the arc of a curve to the left whose radius is two hundred and thirty-nin~ and-fc~ty-~E~t hundredths fee~and the direction of ~hose radius at that point is North z'orty-one degrees nine - 24 - and twenty seconds West), one hundred and sixteen and thirtee hundredths feet to a stake; and thence, still along the erly side of said road, North twenty-one degrees three minute and forty seconds East one hundred and ninety-three and seventy-hundredths feet to the place of beginning; containing two and seventeen-hundredths acres, more or less. PARCEL F BEGINNING at a stone monument set on the Northerly side of a road forty feet wide, said monument being five hundred and sixty-one and thirteen-hundredths feet South of a point which is eleven hundred and sixteen and twenty-three hundredths feet West of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, N.Y. about two and one-quarter miles Wast of the Eastern end of Fishers Island and lies South seventy-nine degreee twenty-nine minute and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence North six degrees t%~enty- three minutes and thirty seconds East four hundred and ten forty-hundredths feet to a stake set on the Southerly side of another road forty feet wide; thence Eastward_ly, along the Southerly side of said road (and follo%.~ing the arc of a curve to the left whose radius is t~o hundred and thirty-nine and forty-eight hundredths feet and the direction of whose radius at that point is North sixteen degrees fifty-three minutes thirty seconds West), twenty feet to a stake marking a point of curve to the left whose radius is two hundred and thirty- nine and forty-eight hundredths feet and the direction of whose radius at that point is North twenty-one degrees forty minutes and thirty seconds West; thence Eastwardly, still along the Southerly side of said road (and following the arc of said curve), eighty-one and forty-two hundredths feet to a stake; thence South thirty-nine degrees fifty-three minute: and thirty seconds East one hundred and eight and eighty- hundredths feet to a stake; thence South eighty-six degrees fifty minutes and fifty seconds East two hundred and thirty- one and eighty-hundredths feet to a stake; thence North twenty-four degrees fifty-six minutes and ten seconds East seventy five feet to a stake; thence South fifty-four degreez thirty-eight minutes and thirty seconds East six hundred and forty-five and fourteen-hundredths feet to a stake; thence South forty-seven minutes and twenty seconds East one hundred and fifty-sLx and thirteen-hundredths feet to a stake set on the Northerly side of the road first above mentioned; thence, along the Northerly side of said road, North eighty- four degrees twelve minutes and twenty seconds West nine hundred and seventy-seven and ninety-one hundredths feet to alo~ ~he Lor~ner~y side of said seconds Uest twenty-two feet to the place of beginning; PARCEL G BEGI~M~ING at a stone monument set on the Northerly side of a road forty feet ¥~ide, said monument being eleven hundred and si~[teen and twenty-three hundredths feet West of a point ~hich is five hundred and sixty-one and thirteen- hundredths feet South of another monument marking the U.S. Coast and Geodetic Survey Triangulation Station "Chocomount - 25 - summit of the highest hill on Fishers Island, N.Y. about two and one-quarter miles West of the Eastern end of Fishers Island and lies South seventy-nine degrees twenty-nine minutes and forty-six seconds East of North Dumpling Light in Fishers Island Sound); and running thence, along the Northerly side of said road, North eighty-four degrees twelve minutes and twenty seconds West one hundred and sixty-three and ten,hundredths feet to a stake marking a point of curve to the right whose radius is five hundred and twenty-three and twenty-five hundredths feet and the direction of whose radius at that point is North five degrees forty-seven minutes and forty seconds East; thence Westwardly, still along the Northerly side of said road (and following the arc of said curve), two hundred and forty and thirty-four hundredths feet to a stake; thence, still along the Northerly side of said road, North fifty-seven degrees fifty-three minutes and twenty seconds West one hundred and fifty-eight and seven-hundredths feet to a stake marking a point of curve to the right whose radius is ninety-one and fifty-hundredths feet and the direction of whose radius at that point is North thirty-two degrees six minutes and forty seconds East; thence Northeastwardly, still along the Northerly side of said road (and following the arc of said curve), one hundred and twenty-nine and fifty-four hundredths feet to a stake set at the intersection of said road with the Southeasterly side of another road forty feet wide; thence Northeastwardly, along the Southeasterly side of said road (and following the arc of a curve to the right whose radius is one hundred and twenty-five and fourteen-hundredths feet and the direction of whose radius at that point is South sixty-six degrees forty-s~ minutes and twenty seconds East), one hundred and fifteen and seventy-three hundredths feet to a stake; thence, along the Southerly side of said road, North seventy-six degrees twelve minutes and fifty seconds East ninety-two and seventy- hundredths feet to a stake marking a point of curve to the right whose radius is six hundred and sixty-six and twenty- one hundredths feet and the direction of whose radius at that point is South thirteen degrees forty-seven minutes and ten seconds East; thence Eastwardly, still along the Southe~ side of said road (and following the arc of said curve), one hundred and eighty-seven and forty-three hundredths feet to a stake; thence, still along the Southerly side of said road, South eighty-seven degrees and forty minutes East one hundred and sixty-two and thirty-four hundredths feet to a stake mark lng a point of curve to the left whose radius is two hundred and thirty-nine and forty-eight hundredths feet and the direction of whose radius at that point is North two degrees and twenty minutes East; thence Eastwardly, still along the Southerly side of said road (and following the arc of said curve), eighty and thirty-five hundredths feet to a stake; and thence South six degrees twenty-three minutes and thirty seconds West four hundred and ten and forty-hundredths feet to the place of beginning; containing four and thirty-two hundredths acres, more or less. TOGETHER with all right, title and interest of the party of the first part in and to all easements, rights-of- way and rights and privileges whatsoever conveyed in and by said deed or appurtenant to the premises above described. -- ~BE~!NG_~HE_SAME pREMISES conveyed to said Walter Kuelper by deed mad~'IrVin~l~ayl~d-~onbri~ht, JDU,, Eleanor B. Thatcher and Elizabeth M. Bonbright, dated - 26- January 1R, i949 and recorded in said Clerk's Office on February ll, 1949 in Liber 2921 of Deeds, page 415. THIRD PARCEL ALL that certain piece or parcel of land situate, lying and being at Fishers Island in the Town of Southold, Coun~ of Suffolk~ State of New York, conveyed by CharIes Lockhart to the party of the first part for road purposes by deed dated 0ctoher 4, 1955 and recorded in said Clerk ts Office on October 7, 1955 in Liber 3~90 of Deeds, page being bounded and described, as follows: Beginning at a stone monument on the Southeasterly iine of a rOadway forty feet in width at the Northeasterly corner of land, now or for~erly of Charles Lockhardt, said point being twenty-three hundred sixty-four and sixty-one hundredths feet North of a point which is twenty-two.hundred forty-six and fifty-four hundredths feet East of another monument marking the U.S. Coast and Geodetic Survey Triangu- lation Station "EAST END 2" (which said ~'EAST END 2" monu- ment Is located on the summit of the highest hill East of East Harbor on Fishers Island, N.Y. and lies South 00 degrees 54 minutes West of Latimer Reef Light in Fishers Island Sound); and thence running along said road line South 32 degrees 09 minutes 50 seconds West thirty and no hundred feet; thence North 51 degrees 36 minutes East thirty-six and thirty-seven hundredths feet; and thence North 41 degrees 27 minutes 40 seconds West ten and no hundredths feet to the point of beginning; containing 0.004 acres, more or less. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said )remises. FOURTH PARCEL ~ that certain piece or parcel of land situate, lying and being at Fishers Island in the Town of Southold, County of Suffolk, State of New York, conveyed by 0nolee M. McDonell to the party of the first part for road purposes by deed dated September 2~, 1955 and ~ecorded in said Clerk, Office on October 7, 1955 in Liber 3990 of Deeds, page 39, being bounded and described, as follows: Beginning at a stone monument on the Southeasterly line of a roadway forty feet in width at the Northwesterly corner of land, now or formerly of 0nolee M. McDonell, said being twenty-three hundred sixty-four and sixty-one hundredths feet North of a point which is twenty-two hundred forty-six and fifty-four hundredths feet East of another monument marking the U.S. Coast and Geodetic Survey Triangu- lation Station !'EAST END 2" (which said "EAST END 2" monu- ment is located on the summit of the highest hill East of Eas Harbor on Fishers Island, N.Y. and lies South 00 degrees 5~ minutes West of Latimer Reef Light in Fishers Island Sound); and thence running along said road line North 32 degrees 09 minutes 50 seconds East eight and eighty-two hundredths feet to a point of curve to the right whose radius is sixty-seven five hundredths feet and the direction of whose radius at that point is North 57 degrees 50 minutes l0 seconds West; thence along said road line on the arc of said curve a distance of seventy,seven and thirty hundredths feet; thence - 27 - South 54 degrees 42 minutes East seventy-eight and nine~ hundredths feet; and thence North 41 degrees 27 minutes seconds West ten and no hundredths feet to the point of ning; containing 0.0]? acres, more or less. TOGETHER with the appurtenances and all the es~a~e and rights of the party of the First part in and To said premises. FIFTH PARCEL ALL those certain pieces or parcels of land situat lying and being at Fishers Island in the Town of Southold, County of Suffolk, State of New York, conveyed by A~fred L. Ferguson and Nation B. Ferguson to the party of the first part by deed dated March 5, 1962 and recorded in said Clerk,, Office on Seotember 17, 1962 in Liber 5231 of Deeds, page ~6i being bounde~ and described, as follows: ~ PARCEL A Beginning at s drill hole in a boulder on the Northerly side of a road said drill hole being twelve hundre sixty and twenty-six hundredths feeu South of a point which is twenty-five hundred six,y-five and eighty-two hundredths feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "EAST END 2" (which said "EAST END ~" is located on the summit of the highest hill East~of East Harbor on Fishers Island, N.Y. and lies South 00 degrees 54 minutes West of Latimer Reef Light in Fishers Island Sound); and thence ru~ning North 17 degrees 59 minutes O0 seconds West one hundred one and fifty-nine hundredths feet to a monument; thence North 29 degrees 29 minutes O0 seconds East one hundred three and seventy-six hundredths feet; thence South 6 degrees 01 minuse 00 seconds West one hundred eighty-seven and ninety-nine hundredths feet to the point of beginning; containing 0.0~ acres, more or les PARCEL B Beginning at a monument on the Northeasterly line of land of Fishers Island Estates, Inc., said monument being ten hundred eighty-five and ninety-one hundredths feet South of a point which is twenty-seven hundred ninety-eight and ninety-three hundredths feet West of a monument marking the United States Coast and Geodetic Survey Trlangula$ioe Station "EAST END 2" (which said "EAST END 2" is located on the summit of the highest hill East of East Harbo~ on Fishers Island, N~y~ and lies South 00 degrees 54 minutes West of Latimer Reef Light in Fishers Island Sound); and thence running North 24 degrees 49 minutes 00 seconds West thirty-two and fifty-six hundredths Feet; thence South 3~ degrees 34 minutes O0 seconds East one hundred twenty-nine a~ thirty-four hundredths feet; thence North ~4 degrees 24 minutes 00 seconds West ninety-eight and two tenths feet to the point of beginning; containing 0.O1 acres, more or less. TOGETHER with, in respect of each such parcel, the appurtenances and all the estate and rights of the party of the first part in and to said premises. - 28- SIXTH PARCEL The easements, rights-of-way and rights and privi- leges whatsoever granted to the party of the first part by the indenture, dated July 24, 1962, made between Alfred L. Ferguson, Marion Bo FerEuson, Fishers Island Estates, Inc. and Fishers Island Development Corp. as the party of the first part thereto and Alfred L. Ferguson, Marion B. Ferguson Fishers Island Estates, Inc. and Fishers Island Development Corp., as the party of the second part thereto, which indent- ure was recorded in said OIerk~s Office on September 17, 1962 in Liber 5231 of Deeds, page 559, the land affected thereby being at Fishers Island, in the Town of Southold, County of Suffolk, State of New York, and belhg a twenty foot roadway extending Northwesterly from the Northerly line or side of a private ro~d owned by Fishers Island Estates, Inc. and ly known a~ East End Road~ the center line of said twenty foot roadway being described as follows: Beginning at a point on the Northerly line or side of a private road situate on Fishers Island, Town of Southol, County of Suffolk and State of New York, said point being twelve hundred sixty and twenty-four hundredths feet South a point which is twenty-six hundred five and twenty-two hundredths feet West of a monument marling the United States Coast and Geodetic Survey Triangulation Station "EAST E~ 2" which said "EAST EArD 2" is located on the summit of the highest hill East of East Harbor on Fishers Island~ N.Y. and lies South O0 degrees 54 minutes West of L~timer Reef Light in Fishers Island Sound); and thence running North 46 degrees 09 ~nutes East one hundred ninety-two and ninety-nine hundredths feet; thence North 41 degrees ~D minutes West eighty-nine and thirty-four hundredths feet; thence North 29 degrees 23 minutes West ninety-six and sixty-nine hundred feet; thence North 34 degrees ~9 minutes West seventy-~_ine and twelve hundredths feet; thence North 2~ degrees 20 min West sixty-one and ninety-seven hundredths feet and thence North 18 degrees 34 minutes West one hundred seventy-nine and thirty-one hundredths feet. SEVENTH PARCEL All easements, rights· interests and privileges whatsoever vlhich the party of the first part has or may have in certain lands situate and being in that portion of Fishe Island in the Town of Southold, County of Suffolk, State of New York, lying Easterly of the line described under the first tract of First Parcel, which lands are particularly described in the following deeds made by the party of the second part to purchasers, to which the party of the first has consented in a writing sub-joined to said deedS, and all rights and interests created by the covenants and restrictions contained in said deeds, said deeds being as follows: 1. Deed dated July 22· 1965 made to Lucille p. Balcom· ~ecorded in the Office of the Clerk of Suffolk County on August ~, 1965 in Liter 5793 of Deeds· page 2. Deed dated December 21, 1965 made to Joan Bryan Gates, recordcd in said Clerk's Office on December 24 · 1965 in Liter 5884 of Deeds, page 2~ . - 29 - 3. Deed dated January,31, 1966 made to J.Herbert Ogden, recorded in said Clerk s Office on February 14, 1966 in Liber 5911 of Deeds, page ~84 . EIGHTH pARCEL All the richtj title and interesb of the party the first part of any and every nature whatsoever in and to all lands situate and being in the portion of Fishers Island in the Town of Southold, County of Suffolk, State of New York, lying Easterly of the line described under the first tract of First Parcel, excepting or~y as hereinbefore mentioned, it being intended hereby that the party of the second part shall acquire hereby all property and all estate: and interests in property owned by the party of the first part and shall succeed to and become the successor in interest and assignee of all such property, estates and interests and of Fishers Island Corporation and Fishers Island Estates, Inc., in respect of all rights and interests created by the covenants and restrictions contained in deeds made by Fishers Island Corporation and Fishers Island Estates, Inc. TO RAVE AND TO HOLD the premises and the inter- ests, estates and rights herein granted unto the grantee, FISHERS ISLAND DEVELOPa~NT CORPORATION, its successors and assigns 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 wlll receive the consideration for this cpnveyance and will hold the right to receive such consider- tion as a trust fund to be applied first for the purpose of the cost of the improvement and will apply the same ret to the payment of the cost of the improvement before using any part of the total of the same for any other purpos( This conveyance is made with the consent of the holders of record of not less than two-thirds of the out- standing shares of capital stock of the party of the first part entitled to vote thereon, given at a meeting duly called and held for such purpose and has been duly authorized by the Board of Directors. IN WITNESS %~{EP~EOFj the party of the first part has duly executed this deed the day and year first above written. FISHERSISLAND ESTATESj INC. President STATE 0F NEW YORK ) : SS.: COUNTY OF NEW YORK ) On the ~ ~ day of December, 1966, before me per- sonally came ROBERT MC ~krF~LLS~.~TH, co me known, who being by me duly sworn, did depose and say that hc resides at 133 East 80th Street, New York 21, New York; that he is Presiden of FISRKRS ISLAND ESTATES, INC.: the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrumen~ is such corporate seal; that it was so affixed by order of the Board of Directors of said corporati~ and that he signed his name thereto by like order. DEC 9 1966 N~MAN E, KLIPp Ciefk of Suff~ COunty .~--~-~.~.,~,. ~,~, /~,.=~h_ ' " ii . ~ I Mm'lpltl liulrimefll Dead I Mortuase TH $111lp Ra~#rdl#l I Pi]inN Simps Lnt 3. SONYMA Sub Total 3, Spe~./Add, TOT. M'£G, TAX ,~ First American Title Insurance company' of hew York tql=S-<~ t09 TIIk Iqmm~,r OrLeans, LA 70170-3300 RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the aflached Deed made by: (Deed, MoflBagc, etc.) WILLIAM A. HALLt III The prembu herein ii situated in SUFFOLK COUNTY, NEW YORK. lu the'i~)WN of 50UTHOLD WALTER C. FLOWER, III lathe VILLAGE or flAMLETof FISHERS iSLAND T#ISINDF. KI'URE. m&deth~ J~q .dayor~a,~ .ninme~hundl'~daudnteeCy-rlve B~TWEEN WILLIAM A. HALL, III~ 1221L~ma~ - Sul~e 1600, Houston, Texas 77010 partyor~hcRr~t~r~.m,d WALTER C. PLOWER, III, c/o Plower & Company, q08 ~gazine Street, New Orleans, Loulelana 't0130 and State oF New York, heine mope particularly bounded and described AND the plu't y of the first plrt, In compliance with .~ttofl 13 of I~ Lite ~w, c~e~nta th~ I~ ~y or tM first part will rKglve the comlderat~ f~ Lhi~ co~ya~e ~d ~11 hoed I~ riBht to ~ such comM~lo~ M a if usa (u~ Lo ~ ~ fl~l For ~he pur~ of pnylng t~ ~m of c~ impmvm~ a~ wile a~y the ~ William A, ]{all, III i~md[y~m~ ~llllara A, Hall, III ITATE OF NIW YORK. COUNTY OF On Ih~ day o[ t9 , htfo~ mi per~on&lly clm¢ Osthe dayof 19 , htl'ore n~ pemon&tiy c&me IO me known, who beifll by me duly ~worn, did depo~ and iht day of 19 , htfore n~ ~I[,LIAH A, KALL, WALTER C, FLOWER, III Fidelity Natit)nal TitLe lEI'URN BY MAIL TO: John D, Wogam, Esq. Monroe & Lemann 201 SC. Charles Avenue New Orleans, LA z,~?Ol?O to Deed Datedt w£111em A, HalI~ itl March ]~ , 1995 hui~dingm end improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and state of New York, lure particularly bounded and daacribed follovl~ B~SlIMXN6 it I drill hell in a rock ittuated on the Northerly midi of · road 40 feet vide, said drill hole being 3342.S4 flat Welt of a point waxen Is 1046,60 feet South of · monueent larking YJam U.S. Color end Oeodetic Survey Triangulation Station (~biOh laid ttNIS~ ennueont ii lc~eted near tho Western and of ridge overlooking the South shore of Flehlre Island and on highelt point between Chocomount and Nount Proapect and Light in Fiahera llland $ound)~ and RIJ~NING THKNCS SouthWeltarly along the Northerl~ lido of road (and following the arc of $ curve to the left whose radius ia ~47.96 feet and the direction of ~hoel radius at that point THENCE North 58 degreel 44 minutse ~0 leCondi West, ~75.60 fae~ to · point] T~EKS North 80 daq~eaa 34 Einutii 20 leconda ~ilt~ 168.?0 ~eet ~o the Ihore of FiahlrS liland Sound~ THBNC~ With tho meandere of eeld Sound, North 23 degreel 36 minutil 40 laCOndl Melt, 177.41 feet~ North 18 digrail 26 minutia Moat, Il7 feet; North 0 degreea 59 mlnutae S0 lioO~dl Milt, llS.03 feat~ North 33 dlgreal 6 minUtll 20 iloo~di rile to a pother TJfl~c! south 51 degrees 4 minutes l0 aacondi Beet 274,73 felt to TH~C~ #o~th 48 degrlea ~8 allures ~0 maconde Emma, a dietanca of 398.58 feet to & monument being located on tho 8outhwaaterly line point which ~e 3407.41 feet Walt of a monu~lnt marking the U.S. curve to thl left hewing · radtue of 1S0,$6 teat and tho dire(cica uf wheal radius et that point le ~crth 63 degreal O1 minutia 10 imoondl Bait for a distance of 134,23 tilt to TJI~ICB South 79 degreee 03 ~lnutil S0 eeconde Bast, 39.~4 along lead reed line to · point of curve to tho right having a radium of ~$ feat and the direction of whole radium at that point ia South II degrees 56 minutee i0 ascends Weatr THeNce Southeastwardl¥ following the arc of said curve 21.S4 felt along said reed line to the Southwesterly line of another road st a point of curve to the left having a radius of 606.40 feet and the direction of whose radius at that point ia South S4 degrees 38 sinuses 46 seconds Eaat~ TEENCE Southeastwardly along said road line and following the arc of laid curve, 207.07 feet to a point; THF-NcE South 14 degrees 12 minutes 40 seconds East, 117.45 lest along said road lins to a point; TH~CE Sou~h 73 degrees 49 minutes 10 seconds East, 5.,0 feet &long said road line to an iron pipe; THENCE along the Westerly side aZ said road, South minutll 40 sicondl East, 176 feet to a stake marking a point of ourve to the left whose radius is 591,80 feet and the d~reotion of whose radius at that point is North ?5 degrees 47 ainutel 20 seconds THLqcE Southwardl¥ along the Westerly side of said road (and follow~ng the arc of said curve), 78.05 feet to a stake marking a point of curve to the right whose radius ia 8.84 feet and the direction of whose radius at that point il South 68 degrees 13 ~flENCE Southwesterly along the Northwesterly side of said road (and following the arc of said curve), 19.37 feet to a stake set at the intersection of tbs Nesterly side of said road with tho Northerly side of tho road upon which is situate the drill hals in a zo~k/ THENCE along the Northerly side of said road North 76 degrees 13 minutes 30 ascends Wast, 55.47 fast to stake marking a point of curve to tho loft whose radius ia 247.98 feet and tho direction of whoso radius at that po~nt ia South 13 degrees 46 sinuses 30 seconds Weat~ THENCE Weltwardly along the ~ortharl7 aide of said road (and following the arc of said curvs), 144.67 feat to tbs point or place of EEGINNING, TOGETHER WITH and SubJeCT TO the benefits and burdens oontainsd in the instruments recorded in the Office of the Suffolk County Clerk in Libor 9647 pegs 137 and Libor 9647 page 147. -2- I llllllllllllllllJllllllllllllllllllmlllllll]]lllli SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD ~mher o~ Pages= 4 Receipt ~mher = 05-0064950 TRANSFER TAX~u~/BER: 04-45584 1000 Deed Amount: Recorded= LIBER: PAGE: Section= Block: 010.00 05.00 EXAMINED AND CHA~GEDAS FOLLOWS $350,000.00 06/20/2005 11:45=23 AM D00012393 425 Lot: 009.000 Recelved the Following Fees For Above Instant Exempt Page/FiXing $12.00 NO Handling COg $5.00 NO NYE BRCHG F~-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert.Cop~as RPT $30.00 NO ECTM Trans£er tax $1,400.00 NO Co~n. Pres Fees Paid TRANSFER TAXNUMBER= 04-45504 THIS PAGE IS A PAMT OF THE INETRUM~ITT THIS IS NOT A BILL $5.00 NO $15.00 NO $165.00 NO $0.00 NO $o.oo NO $5.500.00 NO $7,142.00 Edward P.Romaine County Clark, Suffolk County Numher (ff pages TORRENS Serial # Certificate # Sun ~ 1~:45.'2~ ~1~ ~rd P.R~i~ OT# Deed I Moflgege lm~Lmmeflt Deed / Moflgagc Tax $1amp 3 I /.,') Page I Filing Fee Handling 5. 00 Notalion EA-52 17 fCounty) ./ Sub Trial EA-5217 (State) R.P.T.$.A. Comm. of Ed. · Affidavit Codified Copy Gnmd Toml . Real Propany 05022399 xooo oxooo osoo oo9ooo T=x Service Agency ~ Verification Smisfacti(~s/DL, k~borges/Releases Lira Pmpe~y Ownm MMling Add.ss RRCORD & RETURN TO: Stephen L. Ham, III, £8q. 38 Nugenc Street Southampton, NY IL968 Recording / Filing Stamps Mortgage Amt. I. Ba.si¢ Tax 2. Additional Tax Sub Total SpacJAssit. or Spec. 1Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appoimngnt Ma~io~ Tax ~ will i'~ imlm~t~d by ~ o~ or two family d~*Uing only. or l',lO __ Il' NO. r~ appropriate ~ax da~se on page # of ~his imtmment. ~o~unit~ Presez~mflon ~md Co~sideration Amount $ 350,000 5,500 'I'D TD .I Suffolk County Recording & Endorsement Page This page fonns part of the attached Deed made by: (SPECIFY TYPE O1: INSTRUMENT} BRYAN N. DANFORTH Thc premises herein is situated in suIq"oLK COUNTY. NEW YORK. TO In the Towttship of gmrrnnLn JAI~S R. ILAI~ER and la the VILLAGE THIS INDENTURE, made the 'Z.'~ ~' day of May, 2005, BE'RNEEN BRYAN N. DANF. ORTH, 111 Caecadilla Park Road, ithaca, New York 14850 (P.O. Box _267, Ithaca, New York 14851),- party of the first part, and JAMES M. BAKER and DIANE M. BAKER, husband and wife, 52 An~aed Road. Ridgeflelit. Connecticut 0~877, party of the second pat, WtTNESSETH, that the party of the first part, In consideration of Three Huedmd and Fifty Tbeusan~aed' 0Oh 00- · ($3~0,000.00) ':'~" dollars paid by the party of the second pat, does hereby grant and release unto t~e party of the second p~r~,~ the heirs or Successors and assigns of the party of the second part forever ......... ;- ALL that cortaln plot, piece o~ pan:e] of land, situate, lying and being at Fishem Island, Town of Sot]thoM, County of Suffolk and State of New York, being more particularly bounded and described as set forth on Schedule A hereto. TOGETHER with all right, tttie and interest, if any, of the party of the first part In and to any stmnts and roads ahotting the above desndbed promises to the center lines thereof, TOGETHER with the appu~'tenances and all the e~ and di}hts of the pa~y of the flint part In and to said Ixemlses; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the helm or successors and assigns of the party of the second AND the party of the thst pad covenants that the party of the flint pa~t has not done or suffered anything whereby the said premises have been encumbered in any way w'nathver, except as aforesaid. AND the party or the flint part, in compliance with Sec~on 13 of the Uen Law. cevenants that the party of the first pa~ will receive the cor. sidecation for this conveyance and will hold the right t~ receive such consideration es a trust fund to be appued flint 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" wheneve~ the ser-~e of this ledenture so IN WITNESS WHEREOF, the party of the first part has duly executed this deed the doy and year flint above IN PRESENCE OF: State of New Yon% Courtly of '"~:~o~a~ ss: Slato of New.yo,'k, Coun{y of ss: On the ;~t~'"~ day of May in Ihe war 200~, before me, the On the dayof In the year unde~lglled, pe~onaily a~pea, nd before me, Ihe undersigned, personally appeared Br/~n N. Dan~o~lh per~ondy known to me or proved to rne on the basis of personally known to me a' proved to me on the ba~s of satL~ac~'y evkJer, oa to be the individual whose name is sa'tis~actory evidence to be tl~ individual(s) whtme name(s) is - _:NO. OI_U~~ TO BE USED ONLY WHE~ T IS MADE OUTSIDE STATE BARGAIN AND SALE DEED ~tte No. RH80040272 BRYAN N. OANFOR~H TO DIANE M. BNG~ DISTRICT 1000 SECTION 010.00 BLOCK LOT 00g.000 COUNTY OR TOWN Suffok- Sou~oU STREET ADDRESS (no #) pftvate mad of/ East End Road Fishers Island, NY 06390 SCHEDULE A to Dead _ Party o,f the First Part: Party of the Second Part: Deed Dated: Bryan N. Danforth James M. Baker and Diane M. Baker May ~.'~ , 2005 All that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and Slate of New York, bounded and described as follows: BEGINNING at an iron pin situated on the northerly side of a road, 50 feet wide, said iron pin being 3445.86 feet West of a point which is 1117.00 feet South of a monument marking the United States Coasl and Geodetic Survey Triangulation Station 'NIN" (which said 'NIN" monument is located near the westen3 end of a ridge overlooking the south shore of Fishers Island and on the highest point bekveen Chocomount and Mount Prospect and lies South 45 degrees 17' minutes 26 seconds East of North Dumpling Light in Fishers Island Sound); RUNNING THENCE North 58 degrees 44 minutes 10 seconds West, 275.60 feet; THENCE North 80 degrees 34 minutes 20 seconds West, 168.70 feet to a monument and the shore of Fishers Island Sound; THENCE along the shore of Fishers Island Sound, the following tie line courses and distances: 1. South 16 degrees 54 minutes 40 seconds West, 152.65 feet; 2. South 13 degrees 03 minutes 20 seconds East, 94.20 feet; 3. South 14 degrees 25 minutes 00 seconds West, 48.57 feet to a monument and land now or formerly of Baker; THENCE South 36 degrees 17 minutes 00 seconds Easl along said last mentioned land 299.30 feet to a monument; THENCE North 68 degrees 29 minutes 00 seconds East, 175.45 feet to an iron pipe; THENCE North 69 degrees 43 minutes 00 seconds East, 102.50 feat to a monument; THENCE North 11 degrees 05 minutes 00 seconds West, 198.81 feet to a monument; THENCE northeasterly along the northerly side of the above-mentioned 50 foot road (and following the arc of a cu rYe to the right whose radius is 248.00 feet), a distance along set d curve of 72.19 feet to an iron pipe at Ihe point or place of BEGINNING, TOGETHER WITH all right, title and interest of, in and to any land which may lie between the meander lines as set forth in the above description and the actual high water mark. TOGETHER WITH an easement for ing~'ess to and egress from the premises above described over and along such private roads as now or hereafter exist connecting said premises with the public highway, subject to the right of Fishers Island Corporation to change the location, route or grade of said roads provided that such change shall not prevent reasonable and adequate access to the premises herein described. Robert I Seott,:lr., chairman Darline J. Duff'y, Assessor Kevin W. Webster, ASsessor. Southold.Town. Ha!li 53095 Routg 25 P.O. Box }179. $outhold,.NY 1197}-0959 Fax:'(63 D 76S- 1356 ~eleP~oa~: (631 ) 765- 1937 BOARD OF ASSESSORS TOWN OF SOUTItOLD XEROX FEE and POSTAGE: Make ehecks payable to: ,.Town' of'$outhold. Mail to:. Board of Assessors 53095 :RoUte 25 P.O: Box 1179 Southold, NY 1197[ Thank you. 617.20 {~tate Appendix C Environmental Quality Revi~) SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - [~ROJECT INFORMATION (To be completed by ADPlicant pr Proiect Sponsor) - 1. APPLICANT/SPONSOR Walter C. Flower III~ Fishers ~2. PROJECT NAME Lot Line Change for Walter C. Flower Island Development Corporation, and James M. Baker I Fishers Island Development Corporation and James M. & Diane M. Baker ! Baker & Diane M. Baker 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Skeet address and road intersections, prominent landmarks, etc., or provide map) (no #) private read off East End Road, Fishers Island, Town of Southold, Cou, n~ty~f (SCTM Nos. 1000 - 010.00 - 05.00 - 008.003, 009.000, & :5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Lot z*/~-7 on Map of Fishers ~'sland Developm~at C0rporatioh ("FIDC0") (SCTM # 1000- 10-5-p/o 12.9) and the FI~O road spur adjoining it on ~he north wil~ be conveyed by F~D~0 to Flower who will retain the road spur and the northerly 1.1 acre portion of Ldt ~-7, convey to Baker alT,lO~ sq. ft. access strip for a driveway to FIDCO Lot 44-6 (SCTM ~ 1000-10-5-9)~ and donate th~.s~uther~y--l.41 ~cre portion of Lot 44-7 to The Henry L. Ferguson Museum, Inc. to be preserved a~-o~en s~e. J 7. AMOUNT OF LAND AFFECTED: ~ initially 3.06 ... acres Ultimately 3.06 acres " ..~ ~ ..... · ...... 8, WILL PROPOSED ACTI,ON COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRiCTiONS? [] Yes ~ No If No, descdbebdefly A variance to the Town of Southold Zoning Code may be required as the already nonconforming 2.67-acre Lot 44-7 will be reduced to 1.41 acre 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParkJForest/Open Space Descdbe: R-120 Zone District under Town of Southold Zoning Code [~]Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE.AL, STATE OR LOCAL)? [] Yes [] .o If Yes, list agency(s) name and permi[/approvals: possible zoning variance from Town of Southold Board of Appeals (see #8 above) 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L-J Yes [] No If Yes, list agency(s) name and permitJapprovals: I CER,TJFY THAT %HE Li~FORMATIOj'LPRQ.VJD~D ABO~E I,S TRUE.TO TI-:[E BEST OF MY KNOWLEDGE Signature: ~[--~.~Stephen L. Ham, III, authorized agent I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with thiS assessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥) ~A. E)O~ES ACTION EXCEED ANY TYPE I T~SHOLD IN $ NYCRR, PART 617.4? If yes, coerce the review process -E~ Yos [--1No ~ and use the FULL EAr. L WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negati,~e declaration may be superseded by another involved agency. I--I as FiNe C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) ,.C1. Existing a r quality, surface or ground~atar quality or quantity, noise levels, existing traffic pat[em, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly;. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Gro',Ch, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or lype of energy)? Explain bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~r--I No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefiy: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial large, important or otherwise significant. Each effect should be assessed in connection with its (a) seffipg (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scooe; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Pat-[ II was checked yes. the determination of significance must evaluate the ootential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAr and/or prepare a positive declaration. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer, LASER FICHE FORM SUBDIVISIONS Project Type: Lot Line Chan.qes Status: Final Approval SCTM #: 1000- 10.-5-8.3 Project Name: FIDCO/Flower/Baker 2009 Location: (no #) private road off East End Road, Fishers Island Hamlet: Fishers Island Applicant Name: FIDCO, Walter Flower, James & Diane Baker Owner Name: Fishers Island Development Corp. Zone 1: R-120 Approval Date: 3/8/2010 PLAT Si.qned Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's · Homeowners Association ' R and M A,qreement: Address: County Filin.q Date: Zone 3: SCAN Date: