HomeMy WebLinkAboutTR-1602 Cantrell, Elizabeth
From: Cantrell, Elizabeth
Sent: Friday, November 03, 2017 3:31 PM
To: gogginslaw@gmail.com
Subject: permit transfer request Dey to Schwan
Bill,
I tried calling the office, but no answering machine.
If Mary Anne Schwan is the new owner, she must sign the three affidavits, not Ms. Dey. Unfortunately,you only'have
Monday to resolve this issue. If we do not have affidavits from Ms.Schwan by Monday,we cannot put this onto this
month's agenda.
I apologize for this last minute notice, but I just got to reviewing your file and discovered this issue.
ZfLlagEt� LIntIldf
Senior Clerk Typist
Town of Southold
Board of Trustees
631-765-1892
i
GOGGINS & ASSOCIATES
ATTORNEYS AT LAW
WILLIAM C.GOGGINS,Esq 13235 Main Road,P.O. Box 65
Mattituck,New York 11952
PHILIP J.BRANIGAN,Esq. Phone: (631) 298-4818
Of Counsel Fax: (631) 298-4214
DONALD A.MATES,Esq. gogginslaw@gmail.com
Of Counsel
p ESE VE
October 5, 2017
OCT - 6 201 '
Board of Trustees of the Town of Southold
53095 Main Road Sou hold Town
Southold, New York 11971 ----jurg of Trustees
Attn: Elizabeth Cantrell
Re: Jane Maguire Dey a/k/a Jane Dey to Mary Anne Schwan;
Premises: End of Holbrook Lane, Mattituck, New York 11952;
SCTM No.: 1000-113.00-06.00-014.005
Permit No. 1602
Dear Ms. Cantrell:
In connection with the above referenced matter, we seek to transfer Dock
Permit No. 1602 issued to Jane Dey on April 21, 2010 to the new owner,
Mary Anne Schwan.
Enclosed please find the following:
Hnq FCV-
1. Owner Affidavit;
2. Owner Authorization;
3. Transactional Disclosures; 0,1erl
4. Trustee Resolution dated April 21, 2010; and
5. A check in the amount of$50.00.
Thank you.
Very truly yours,
;i
WILLIAM C. G GGINS
WCG/dmp
enclosures
L
Board of Trustees tee l
App icy on
AFFIDAVIT
Jane Maguire Dey a/k/a Jane Dey BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN
ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT
ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION
AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES.
THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE
BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES
AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF
GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE
TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES, INCLUDING THE
CONSERVATION ADVISORY COUNCIL, TO ENTER ONTO MY PROPERTY TO
INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION,
INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF
TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE
COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL
EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM
OF THE PERMIT.
x -
Si a re of PropertOwner Signature of Property Owner
SWORN TO BEFORE ME THIS 5th DAY OF October , 20 17
um hN���
Notar Public
WILLIAM C.GOGGINS
Notary Public,Slate of New York
No.4963689,Suffolk Cm* y
Commission Expires March 12, : 0
Board of Trustees Applic2 - 'on
AUTHORIZATION
(Where the applicant is not the owner)
I/We, Jane Maguire Dey a/k/a Jane Dey
owners of the property identified as SCTM# 1000- 113.00-06.00-014.005 in the town of
Southold ,New York,hereby authorizes William C. Goggins
to act as my agent and handle all
necessary work involved with the application process for permit(s) from the Southold Town
Board of Trustees for this property.
Pr ert Owner's Si(� T—U
tore Property Owner's Signature
SWORN TO BEFORE ME THIS 5th DAY OF October , 2017
a
Notary P lic
DONNA M. PALMER
Notary Public,State of New York
No. 01 PA5069978, Suffolk County
Commission Expires December 9,
1
APPLICANT/AGENTIREPRESEN'li ATIVE
TRANSACTIONAL DISCLOSURE FORM I
The Town of Sautfiotd's'Code of Ethicsprohibits conflicts of interest on-the Hart of town olTicers-and emnlovee"s.Tlie nta-nose of
this form is,6 prcivide infniination which can al'a the town ofpossible conftic&of=mtdre-st and`a11aw R46 take Whatever action is Ir
necessarj+to'avoid same.
YOURNAME: Jane Maguire Dey-a/k/a Tanp .nPlz
(Last name,first name,tltiddle initial,unless you are applying iri the name of
someone else or other entity,such as a company.If so,indicate,the oilier
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.) i
Tax grievance Building
Variance Trustee X '
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other',nae the activity.)
Do you personally(or through your company,spouse,sililing,parent,.or child)have a relatiogship mith any officer or employee
of the Town of Southold? "Relationship"includes by blood,marriage,.or 6uAthess interest"134siness interest"means a boshicss,
including a partnership,in which the town officer or employee Inas even a partial ownership of(ar employment by)'a corporation
in which the town dflicer 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 sign where indicated. j
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agenUrepresentative)and the town officer or employee.Either check j
the appropriate line A)through D)and/or describe in the space provided. I
The town officer or employee or his or her spouse,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 Icgal or beneficial owner of any interest in a non-corporate entity(when the
applicant is not a corporation);
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted -bthhdaylaf Oct r RQ& 17
signator
Print Name J N MAGI R DEY i
Form TS 1
i
i
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of
this form is to EYovide inforination which can alert the,town of ppssiW.conflicts of interest and allow it to take whatever action is
neccssnry to avoid same.
YOURNAME: William C. Goggins
(Last name,first name,griddle 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.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee X
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If"Other'',name the activity.)
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationo-hip with any officer or employee
of the Town of Southold? "Relationship'includes by blood,marriage;or business interest."Busiam'intdresV means a business,
including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation
in which the town officer 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 sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)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 spouse,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 non-corporate entity(when the
applicant is not a corporation);
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this45 , a � 2017
SignaturePrint Name WM C.
Form TS 1
Jill M. Doherty, President
James F. King, Vice-President
Dave Bergen
Bob Ghosio, Jr.
John Bredemeyer
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
April 21,2010
Mr. Paul Pawlowski
P.O. Box 783
Mattituck, NY 11952
RE: END OF HOLBROOK LANE, MATTITUCK
SCTM# 113-6-14.5
Dear Mr. Pawlowski:
The following action was taken at the Southold Town Board of Trustees regular meeting
held on Wednesday, April 21, 2010:
RESOLVED, that the Southold Town Board of Trustees APPROVE the request for a
Transfer of Permit #1602 from Paul Pawlowski to Jane Dey as Contract Vendee, as
issued on May 3, 1983.
If you have any questions, please contact our office at (631) 765-1892.
Sincerely,
JF~l~e~t? ~oY: rd~c f T~ s fees
JMD:eac
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
September 23, 2009
Mr. Paul Pawiowski
214 West 20th Street, Apt. GE
NewYork, NY 10011
RE: END OF HOLBROOK LANE, MATTITUCK
SCTM# 113-6-~
Dear Mr. Pawlowski:
The following action was taken at the Southold Town Board of Trustees regular meeting
held on Wednesday, September 23, 2009:
RESOLVED, that the Southold Town Board of Trustees APPROVE the request for a
Transfer of Permit #1602 from Thomas & Susan Orioles to Paul Pawlowski, as issued
on May 3, 1983, and as depicted on the dock plan prepared by Paul Pawlowski, dated
September 9, 2009.
If you have any questions, please contact our office at (631) 765-1892.
Sincerely,
James F. King
President, Board of Trustees
JFK:eac
DATE:
PARTIES:
PREIVIISF~ ~
PERSONAL
PROPERTY:
PURCHASE
PRICE:
ecs - coN'I't~CT OF SALE NYSLTA 8041 (Rev. 11/78)
WARNING:
NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THR SALE AND PURCHASE
OF REAL ESTATE COM~I .IrS Wi'ill ~ECTION $-?02 OF THE GENERAL OBLIGATIONS LAW ("PLAIN
ENGLISW~. CONSULT YOUR LAWYER BEFORE SIGNING IT.
NOTE: FIRE AND CASUALTY LOSSES:
Tills contract fm'm does not provid~ fur what happens in the event of fire or e~sualty loss before the title closing. Unless
different provision is made in this con,act, Section 5- t311 of the General Obligations Law will apply. One part of that law
mak~ a purohe~er responsible for fire and casualty loss upon taking of title to'or possession of the promises.
CONTRACT OF SALE made as of the ~ of March , in the year 2010
BETWEEN
Paul Pawlowski
Address: 895 Holbrook Lane, Mntfituek, N.Y. 11952
hereirmfter called "SELLER", who agrees to sell:
and '
Address: 25 Lighthouse Rd., $outhold, N,Y. 11971
h~reinaf~r called "PURCHASER" who agrees to buy the property, including all buildings and improvements then:on (the
"PRI~rlSES"), more fully described on a separate page marked "Schedule A,' and also known as;
Suent Address: 895 Holbrook Lanes Matlituck, N.Y. 119S2
Map l:~ignatinn: 1000-113-6-14.5
Together with SELLF~'S interest, if any, in sire~ts and unpaid awmds as s~t forth in Paragraph 9.
Th~ sale also includes all fixtures ami anicl~s of p~rsonal property attached to or used In connection with the PP~MI~ES,
unless specifically excluded below. SELLER states that they are paid for and owned by SELLER rrm and clear of any llen
other than the EXISTING MORTGAGE(S). They include but ar~ not limited to plumbing, heatlog, lighting and cooking
fixtures, bathroom and kitchun cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, ~orm windows,
window boxes, storm doors, mail boxes, weather vanes, flagpoles, pmnps, sh/tthhet'y, l[en¢ing, ouldoor statuary, tool
sheds, dishwashers, washing rna~hines, clothes dry~, garb,age disposal units, range, refrlgeraWrs, frez'zzrs, air
conditioning 6quipmunt and instaliatio~s, and wall to walt cerpunng. ~;~,~ /
Excluded l~om this sale are: l%mtuu'e and household furnishing.s,
I, (a) The purchase pdc~ is
Payable as follows:
On the signing of this con,'act, by chenk subj~t to collection: $ 84s575,00
845,750.00
BALANCE AT CLO~ING: $ 761,175.00
(l~hii~aie is subject to an EXISTING MORTGAGE, the Purchase Mon~y Note and Mor~age will also provide that it
will re--to the prior lien of any EXISTING MORTOAOE even though th~ tLY,.ISTINO MORTGAGE is
exten ~d or modified m~"~'~kfiu_.~..th. The Pur0~se Money Note and Mmq~age 'shall be drown on the standard form?f New
Y~f Titlc underwrlte~may for SELLER. PURCI-IA~ER shall pay th~ mortgage recording tax,
r~ccs and flu: at.tomcy's fee in thc ~ fa~ it~ preparation.
(~~yments are mach~ on ~n.EXI.STII?....G'lff~. AG!~ bet.~, een now and CLO$1NO which reduce thc
~~GE below. ~e. a~Yesl,sbp~.~ in .paragraph 2. then thc balanc~ of *e
~oum s. ho~mi~.~ph 2 is r~onably con'~t
(d) Il' there is a moflgaga escrow account that is maintained for the purpose on' paying luxes or insurance, etc. R shall
assig~ it to PURCHASER, if it can ~ assigned. In tha~ event PURCHASER shall pay th~ amount in thy escrow accoun
SELLER at CLOSING,
I0/£00 u lJ W pue @ugJ3so H OfgZI 9 YVH l :9I OIOZ/OI/ O
EXISTING
MORTGAGE(//):
ACCE~ABLE
FUNDS:
'~UBJECT TO"
PROVISIONS:
TITLE
COMPANY
APPROVAL:
cx,o~O
FORM OFI~ ~
CLOSING
DATE
AND PLACE:
BROKER:
STP~TS AND
ASSIGNMENT
OF UNPAID
AWARDS:
MORTGAGEE'$
CERTIFICATE
OR LErl'l/R AS
TO EXIgl~O
MORTGAGE(S):
Wrr~l STATE
DEPARTtVI~NT
A~D OBDERS:
OMIT W TE~
PROPERTY
1S NOT IN
THE CITY
OF
NBW YORK:
2. Thc PP-.~V~ISES will be conveyed subject to the condu~ng lien of".,E. XISTING MORTGAGE(S)" as follows:
Mortgage now in thc unpaid principal ~mount of $ and interest at the rate of l~r cent per In:ar,
presently payable ill installments of $ , which include principal, interest, and with any balance of
principal being due and payable on
SF. LLER berry states that no I~XISTING MORTGAGE contains uny provision that permits thc holder o~'the mongaga to
require ils immcdiau: payment in full or tO chanee any other terra thereof by reason of th~ fact of CLOSING,
3. All money payable under this confiner unlass otherwise specified, ~all be either:
a. Cash. but not over one thousand ($1,000,00) Dollars,
b. ~ood certific, d check of PURCHASER, or ofhcial check of any bank, savl nfs bank, trust company, or savings
and loan association havmg a banking office in the State of New York, payable to the order of Sr~l .v .~R, or to the order of
PURCHASER and d~ly endorsed by pURCHASER (if an individual) to the cider of SELLER in the presence of SELLER
of SELLER's attorney,
c. Money other than the purchase price, payable to SELLER at CLOSING, may be by ch~.k ofPURCH .A.S. ER up
to ibc amouut five hundred ($.600.00- ) doita~s, or
d, As otherwise agreed to in wrking by SELLER or SELLER'S aKornoy.
4, The PREMISF. S are to bc translated subject m:
a. Laws and gov~t~ regulations that aff~t th~ u~ and m~n~ of the ~S~, ~vi~ that they
b. ~ for ~ erotica of~y s~ciures on, un~r Or above ~y s~'eets on w~ch ~ P~ISES ~ut.
c. ~cwac~en~ of swops, ~c~, ~ ~ops. ~i~ and ~miecs. if ~y. u~n any sff~ Or high~y.
5. SEIJ_P.R shall give and PUI~.CHASER shall ~a~a~a~a~a~a~a~a~a~p~.su.~h di. le ~.~. . .._
given by any reputable licensed Title co. oomg cosiness tn l~x , a member of the Title [~.rancc Rate
Service Assnoiation. Inc_ will bc willing to approve and insure in accordance with their standard form of lido policy,
subject only to the matters provided for in this contract.
6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract,
including the payment of thc purchase price to SELLER. and ~he delivery w PURCHA$1~ of a
Bargai~ and Sale Deed with c0Ventsats a~ainst Grantors acts.
deed in pl'oper stamto~ form for recording so as to u'ansfer full ownership (i~c simple tide) to the PREMISES. free of all
cocumbmucas except as herein statcd. The deed will contain a cow,.nant by SELLHR as required by Section 13 of the Lien
Law.
If $~v ~ .ER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a r~solution of its Board of
Dffectom aatbeflzing tho sale and delivery of the deed, and (b) a certificate by the Scerctary or Assistant Secretm*y of the
corporation certifying such rasolufion and so,ting fmlh facts sltowil~g that the lransfer is in conformity with thc
requirementS of Section 909 of tho Business Corporation Law. The deed iu such case shall contain a recital sufficient [o
establish compliance with that section.
?. CLOSING will take place at the office of Van Nostrand & Martin or lending institution
at 11 a.m. o'clock on Aprf120, in the y~r 2010
$. PURCHASER hereby st~t.~. &at PURCHASER has not dealt with any broker in conneelion with this sale other t~n
Prudential Douglas Elliman Real Estate & Thomas J. McCarthy Real Estate, Inc.
and SELLER agrees to pay the broker the commission earned thereby (ptu'suant ~o separate agreemant).
9. This sale Includes all of SEt r.l~R,S ownership and rlgh~, if any, in any l~d lying in ~= bed of any su~t or highway,
o~n~ or pwp~ed, in ~nt of or ~oining ~¢ P~S~ ~ ~e cen~ ~ne t~f. It also inclu~ ~y right of
to ~y ~p~d awed by r~n of ~y ~ng by c~nafion ~ for ~y dam~e ~ ~e PR~S~ by re.on of
chafe of ~ of ~y s~t or highway. ~ ~ .~R ~11 doliv~ a no ad~fion~ co~ ~o P~CH~. at ~OS~G, or
~meaft~, 0n de.nd, ~y d~umcn~ w~ch ~CH~ ~y ~quko ~ collect ~ awed ~d dam~.
0. SBLLI~ a~joos w deliver to PURCHASER at CLOSING a certificate doral not more than thirty (30) days before
CLOSING signed by the holder of aach F_.YISTING MORTGAGF( In form for r~cording, c~rtifyinS thc amount of the
anpald principal ~ in.Test, date of maturity, and rate of interest.
S~! S.~R shall pay the fees for recording such certificate. If thc holder of a mortgage is a bank or other Institution as
de. ed In Section 274-a, Real Property Law, it may, instead of~ certilicate, furnish an unqnallfled leF. er dated not more
than thirty (30) days before CLOSING containing thc same information, SELLER hereby sta~s that any EXISTING
dORTGAGE will no~ be in ddauh at the time of CLOSING.
.1. a) SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements
noted n or issued by any governmental departme~ having authority as to lands, housing, building, fire, health and labor
conditions affecting the PR.F.,I~S~ I~[~[lll~, Tho PREMISE~ '~lll be u'ansferted free of them at CLOSING and
this provision shall survive CLOSING. SEL!_.~R shall furnish PURCHASER with any authorizations necessary m make
the searches tha~ could disclose thesa matters.
t 2. H at thc time of CLOSING the PRElvflSES am afl. ted by an ~.ssessmeat which is or may become payable in annual
Inslallmcots, and the first Installmant is then a lien, or ha~ bex:n paid. then for tho purposes of this cella'act all the unpaid
installments shall be considered due and arc to be paid by SELLER at CLOSING.
I0/ 00 u!la l @tm pu a s0bt I£0f9 I£9 I :9I 010 /9I/£0
MENT$:
WATER METIgR
READI~GSt
ALLOWANC~
TAX~5 WI'C,:
PRICE TO PAY
EI~CUM.
BR~NCES;
TO
BAblKRUPT-
CI~8:
DEED
TR&NSI~'BR
RI~CORDING
LIEN~
CONDITION OF
PROPRRTY~
AGREEMENT:
CHANGES
WRIT~G~
ALSO MEANS
PLURAL:
basis of ~od for which assms~d, (e) Fuel, if any, (~2.ff.L.. '
If CLOSING shall coctlr bdore a new tax ram is ~xed, tim appol~ionm~!l[ of IIIXas $hall be upon the basis of the old tax rate
for the pr~ccdlng period of applied to tho last osseascd valuation.
Any erro~ or omissions in computing apportionments et CLOSINO shall ix: con'coted. This provision shall survive
CLO$1NO, .
1~S, If ~hc~o be a water meter on the PRBMI~ES, SBLLI~ shall fltrnish a reading to a date not mor~ than thirty days harem
CLOSIN(} date and the unfixad meter oharge and sewer rent, if any, shall bc appo~.unerl on~hc basis of such last reading,
1 $. S~I I.BR has the option to credit PURCHAgI~ ,as an adjustment of the purchase prlc~lth the amount of any unpaid
taxes, a~essmanta, water chat~ anti,sower rants, togeth~ with any interesg and penalties thereon to a da*,- not less than
fl va business days after CLOSING, provided that official bills therefore computed to said d~e are produced at CL OSIN G.
t6, It there is anything rise affecting thc?in which SELLER is obligated to pay and disehaq[e at CLOSING, $~
may u,~ any per'flop of the balanc~ of ti~ purchase price to discherg~ it. As an al~mative, $~IJ.~ER ~may deposit money
with thc title insuran~ company employed by PUR(~HASBR required bY it to assure i~ dis~hasge, but only if the title
insu*s~c company will insure PURC,~ASI~'$ tltl~ ctear of the ma~gr or insure a~aill~! lis 0nforc~men.t out of thc
PREMISES, Upon request made wi~m a reasonable time befuro CLOSIHG, PURCI'IAgER agrees to pm~ndc scparatc
certified checks as rexlueated to assist ia clearing up these matters.
17, If a title ~xi~hlatto~ cltgloses judgments, ha~ptci~ or other ~s ~a~t p~oqs haM~g names ~ ~e ms or
sJ~l~ W ~ ~ S~R, 8~!.I-RR ~ dc~v~ z aa~a~ da~kd affi~vit at ~O3~O showing ~at ~y ~c not
against S~
18. At CLO$INO, SBLLER shall deliver a ,a~nlfled ch~k payable to the order of the approla'la~ State, Cl~y or County
ol~ t~ th~ antotult of any applicabin Iran~fer and/or recording tax payabl~ by reason of ~e delivery o~ r~o~din$ ef the
deed, tog~lter with any l~luired tax return. PUR.CHA~R lggroas to dui? comploto thc tax ~tom and to caus~ the cheek(s)
and th~ mx return to bo delivered to the approprtatu omcar promptly after CLOSING,
, ~9~A~m~n~ypaid~nacc~unt~fth~sconwact`andthereas~nab~xpemes~fexamhut~9p~ftheg~&t~thaPR~I~SES '
~d of a~l,v survsy and survey inspection charges are hereby made liens on the PRBMISI~ and collectable out of the
PREMISES. Such liens shell not coetinue after dduult in perfo~n~aflca of the ~onffact by PURCHASER,
20. If SI~.LBR la unabl~ to U~msfer tid~ to P~S~ in ~cc wi& ils ca~c~ S~L~'5 sole liability shall
b~ ~ ~d all m~o~ paid Oil ~O~t of ~ts ~n~ plus ~1 ~ges m~z for: ~ ~tnin~ ~e title, (ii) ~y
Upon s~h ~cfund a~ pa~t, ~is con~a~ s~l ~ ~id~d ~n~l~, ~d nei~ S~L~ nor ~CHASER snail
haw ~y ~n~ ri~ against ~ oth~,
21. PURCHASER has inspe,~t~l the boilalngS on th~ PRF~I$~ and the tgr~onal, pmp~, y included in this sal~ .a?, is
thoroughly acqutdnted with thoil aondllion~ PURCHASI~R agrtms to pu~hasn them "as is~~ and!n the. Jr pr~ant oonthnon
subJ~t 1o reasonable us~, wear, t~as~mld natural dean'loratton bat~wun now and CLO$1N~. PURCHA,qER shall hove thc
rlghg after reasunabl~ notice to $1~LLRP,, to inspect r~m before CLOSING.
22. All prior understandings and ag~mm~nts between $]~,I-,BR and PURCHASBR are marged in this contract. It
completely expm~sas their full agreementi It has been entered into after full invastlgatiom neither party relying upon any
statomon~ made by anyone else that ere not set forth in this contract.
23, This contract may not be changed or cnnceled excapt in v/firing, Thc contract shall also apply to and bind
distributes, hears, nxccotors, administrators, successors and assigns of the respective parties. Each'of the parties hereby
authorlz~ limit attorneys to ag~c in .~a'iting to any changes hi dates and time periods pmvidnd for in this
24, Any singular wold or term herein shall also be read as in thc plural wtgncver thc sense of this contract may r~q ulre it,
25. SEE RIDER ATTACH~B*
In Pr~s~nc~ of:
If SEA Cg2VO~ POI~I ~I~I. OW WI27IIN N~W ¥ORI( STA ~ ONL¥:
State otNew york. County of Suffolk } ~:
On th~ day of March in ~ year 2010
bcfor~ m~ the undersigned, ixa~onally appeared
personally kllown to me or proved to me c~l the basis of satisfactory
evide~ mbc thc individual(s) whose name(s) is (a~) subsotbed to thc
within insuument anct aclmowlcd~cd to me ,,hat he,'she/tl~y executed
tho same in hi~er/th"~r capacaty(ie~), and that by hLqher~elt
signature(s) on the Insman~nL ~he individual(s), or the per~m upon
behalf of which tie ~ndividual(s) acted, ~x~cuted the ina~'ument.
A CtOVOWZ~OOM~.N'I'J~ORM IrO,v U~ Wn'Atav N~W YO~ SrA r~ O~Y:
On ~e ~y ~ in the
~ ~bing ~s ~ ~ f~goiug ~g ~h w~m I am
~y ~n~, ~o, ~g by me ~ly sw~ did
say ~ h~ab~y ~(s) ·
~. ~re~; ~t ~y
lns~t; ~t ~d sg~b~ ~s ~ p~t ~ saw s~d
h~/~r ~s) &s a ~ ~io.
A Cl6VOWI.~t~MFaAT FORM FOR USg OFISID8 N~'W Yo~ 8r~ ONLY:
lout of Start or Foreign Gvne~l
OnCe ~yof in~y~
evi~ to bo ~ Ju~al(s) wh~ n~s) is (~) ~ ~ t~
on ~ i~t. ~c i~v~ud(s). ~e ~n ~n ~f of w~
rome s~ app~ce ~f~ t~ ~d~gnM
(lr~¢rt the city or other politlcal subdlvtslon and the ~tate or country or
other plaCt~ th~ acblo~l~xlgrn~nt ~ take~}~
CONTRACT OF SALE
Paul Pawlowski
From.try NATIONAL, TIT~g
INSURANCE COMPANY
DLWR~CT 1000
$~c~no~ 113-6-14.5
S~.oc~ 09.00
LOT 005.001
Coul~rrY OR TOWN Suffolk
Ri~¢OI~F-.D A T R~2U~gT OF
Fidelity National T'~le I~ Company
I0/ I0 ullaug puu p as0 uel tlgOtOaI£9 I /d 0:1I 010 /0I/£0
SELLER:
PURCHASER:
DATE:
RIDER TO CONTRACT OF SALE
PAUL PAWLOWSKI, 895 Holbrook Lane, Mattituck, N.Y. 11952
JANELDEY, 25 Lighthouse Rd., Southold, N.Y. 11971
March ~/(~,2010 ~' /Igqq t~t er7
1. Premises: The premises to be conveyed hereunder are known as and by the street number
895 Holbrook Lane, Mattituck~ N.Y. 11952
2. St~biect To: Said premises are sold and are to be conveyed subject to the following
additional provisions:
a, subject to any state of facts an accurate survey may show, provided same does not
render title unmarketable;
b: subject to building regulations, covenants, utility easements, restrictions, reservations
and agreements of record, provided the same do not prohibit the maintenance and/or use of
existing structures,
3. Condition. of Premises: Seller represents that th5, plumbing, heating and electrical
_systems gha~ be in Working order and the rootJfree of leaks at the time of closing, or, in the event
~_°dSeller is allowed to remain in the premises subsequent to closing, then at the time of possession.
~, However, this covenant.?hal[ not survive the closing of title or delivery of possession, whichever
*'/'~ta P' is later Ytr/,r~',~
4. Objections To Title: The Purchaser shall notify the Seller of any objections of title, and
the Seller shall be entitled to a reasonable adjournment of the title closing date in which to cure
such objections. Nothing herein contained, however, shall be deemed to obligate the Seller to
undertake any actions or other proceedings to cure title, defects, and in the event, for any reason
whatsoever, the Seller shall be unable to deliver title to the premises as herein specified, the sole
remedy of the Purchaser will be to accept such title as the Seller shall be able to deliver without
abatement in this agreement or receive a refund of the contract downpayment made hereunder,
together with the net charges actually Charged to the Purchaser for the examination .of title,
without insurance, by a title: company which is a member of the Board of Title Underwriters
licensed to do business in the State of New York.~ ~ ~ o~ g~.~e~ ~ g3~t~'~q',~, ~'
less than $~ per year. Purchaser represents that, to the best
knowledge, there are no outstanding judgments or tax
Purchaser has never filed a Petition under any of the of the United States.
Purchaser also represents that Purchaser has sufficient to complete this
transaction including the payment of all as well as the balance due for purchase
price over and above the Purchaser further represents that
Purchaser ts a citizen States or has proof of permanent residency in the Untied
States such~ Purchaser is advised that Seller is entering into this Contract in
the aforementioned representations and that any breach thereof shall be considered
6. Possession: The Seller agrees to deliver the premises broom clean and vacant at the time
of closing,
escrow/possessioI~~se~t to closing,
then all adju~l~er shall depo~i
$1,000 with his attorney to insure ~which $100.00 per day asand for use and
occupation will b~verstays the agreed date
for vacatin ~ses. Adjustment shall be made at the Closing for Purchaser's per diem
7. Acceptance. of Deed: The acceptance of the deed by the Purchaser shall be deemed full
performance and discharge of every agreement and obligation on the part of the Seller, except
those, if any, which are herein specifically stated to survive the delivery of the deed.
8. Termites: The Purchaser, at his/her own cost and expense, may cause an inspection for
wood infesting insects of the premises (exclusive offences, sheds, coal bins and retaining walls).
In the event active infestation or structural damage is found, a copy of the report issued by the
termite company shall be mailed to the Seller's attorney within TEN (10) days from the ~tate a
fully executed copy of this contract is received by Purchaser's attorney. Upon receipt of such
notice~ the Seller:
(a) may treat the condition and repair any structural damage caused by active infestation
resulting therefrom at his/her own cost and expense; or
(b):may terminate this contract by refunding the downpayment hereunder to the
Purchaser, whereupon this contract shall cease and terminate without further liability on the part
of either party to the other.
In the event that the Purchaser shall fail to have the premises inspected or fail to serve
said written notice On or before the date provided for above, the Purchaser shall be deemed to
have waived the provisions of this paragraph and that agreement shall remain in full force and
effect.
9. Lead Based Paint:
Purchasers may at their own expense have 10 days from the date a fully executed copy of
the contract is received by Purchaser's attorney to inspect or have a risk assessment conducted
bya certified company for the purpose of determining lead-based substance on the premises. In
the event lead-based substance is found, a copy of the results of the inspection and/or risk
assessment shall be provided to the Seller's Attomey within 20 days from the date hereof. Upon
receipt and review of said report by the Seller's Attorney, the seller may do one of the following:
a) eliminate or remove lead-based substance using certified or licensed person in which event the
purchaser agrees to continue with the contract; b): terminate contract by refunding the sums paid
hereunder by the Purchaser and refund the down payment heroin, whereupon this contract shall
cease and terminate without further liability on the part of either party to the other); or c) Seller
and Purchaser shall mutually determine the term under which sale will or will pot proceed.
In the event that the Purchaser shall fail to have the premises inspected or fail to serve
said written notice on or before the date provided for above, the Purchaser shall be deemed to
have waived the provisions of this paragraph and that agreement shall remain in full fome and
effect.
This agreement is subject to the execution by all parties and their agents of a separate
Rider disclosing information on lead-based paint and lead-based hazards.
10. Assignment: This contract may not be assigned by the Purchaser without the written
consent of the Seller.
11. Repairs: Seller shall not be required to make any repairs or alterations or expend any
monies or bring any actions or proceedings regarding the premises in any court or before any
administrative body. ,~:e. gr~ ~,T 5'~ ,'~ ~'~.~,~ ~.~' ,~,4,~ ~ ~ ~
~ ~r~
Purchaser obtaining at his/her own cost and expense~ a firm commitment for a
SONYMA/CONVENTIONAL mortgage on said premises in the sum of not less ti
$ , , . amortized over a period of 25 or 30 years, with interest at
the time of commitment or closing, whichever is higher.
rate at
(b) Purchaser shall have until 45 days from the date , executed copy of this contract
is received by Purchaser's attorney to obtain a firm for said mortgage loan. If
Purchaser is unable, after diligent effort, to firm commitment within such time, then
either party may cancel this contract by notice to the other party or their attorney, and
upon refund of the downpayment to the Purchaser or their attorney, this contract shall
cease, terminate and be null and without further liability on the part of either party to the
other.
(c) The grees to make a truthful application for such mortgage financing to a
seven (7) days from the date a fully executed copy of this contract is
Purchaser's attorney to diligently pursue same. Purchaser agrees not to take any
2
the
forms required by use his/her best efforts to obtain such
p~roOided~abo~g,, :~A~eopy of sald~oommitment shall be forwarded to
· Parehaser, promptly upon receipt of same. Purohaser hereby authorizes
institution to release all-information to the Seller needed to verify compliance with
agrees to sign any release form required by the lender for release of said
vent the Purchaser is denied a mortgage or is unable to obtain a written
expiration.of the time provided for in (b) above or any extensions totaling
thirty (303 daysi at its s01e option~ may then seek to obtain a mortgage commitment for
the Purchaser at the terms as set forth above. Purchaser agrees to fully cooperate with
Seller, apply as to a lending institution or licensed mortgage broker chosen by Seller
within five (5) days, all coSts in connection with said application. In the event that a
written rnortgag~ is not issued within 45 days from the date Seller sends written
notice to the ~ the option, either party may cancel this,Contract.
(e) In the event i owns a home, Purchaser is hereby advised that the
Seller will not condition the the sale of such home. Accordingly, a mortgage
commitment received hereunder be considered firm and unconditional, even though it
contains a condition requiring the Purchaser's home prior to mortgage closing. The
Purchaser waives any condition to Seller to enter into this Contract.
(f) If the Purchaser's lending t has an office for closing mortgages within the
Counties of Suffolk or Nassau, the ~ within either of said Counties. In the
event that Purchaser chOoses a lender who only close outside of the aforementioned
Counties, the Purchaser agrees additional legal fees paid to its attomey as
follows:
'1. Queens $250.00
2: New York $250.00
3. Kings $250.00
4. Richmond $250.00
5. Westchester $250.00
6, Bronx $250.00
(g) In the event that the mortgage referred to herein ~s by the proposed
mortgagee in a lesser amount,than set forth in ,this contract, the fi have the option to
reduce the selling price in the .exact amount of the difference granted and
the mortgage provided for herein, to the effect that the cash investment of the r shall be
the same amount as originally contemplated in this contract. In the event the exercises
said option, the Purchaser must accept said reduction and shall consummate on
the altered terms.
(h) Purchaser shall not obtain a mortgage from any lender, which does not the
mortgage account prior to the commencement of the Closing. If the Closing
minuteS due to,the failure of the lender, to fund, Purchaser shall pay to the Seller's attome'
3
· te nl to cUntra~i~-~ub ~t ~.u FHA MORTGAGES.
-~,~t4tnemuo-w~ngrem so y ~
"I~pressly agreed ~at, not~ths~ding ~y other provisions of this contract, the
P~er shal~o obligated to complete ~e p~ehase of ~e prope~ described herein or to
inc~ ~y penal~ fo~ffeit~e ~f e~est money deposits or o~e~ise ~less ~ Sellers ?ye
d~v~ed to ~~en statement issued by ~e Federal Housing Eo~ms~oner
s~o~ ~e appr~s~ valuate prope~ for mo~gage insur~ce p~oses of not less ~an
$ ~h stateme~ ~er hereby agrees to deliver to ~e P~chaser ~promptly if
s~ do~t ~blish~ price. The Purchaser shall, however, have the
~rocee~ng ~th the c~ation of this con~act without reg~d to the
~0~ 0f ~e ~ppr~se'v~tion~ade bY the Fed~~ 5°mmissi°ner'"
~) ~e following relates only to con~act sTect t° VT~AGES:
~~ther proviZ[ ~is con~act, the
~~ey or q~e~or be obligated
Purchaser sh~l, however, have the privilege ~d option of proceeding wi~ the cons~at~ f
14. ~e¢table F~ds at C!osing: It is ~derstood that the Seller will n~ accept at ~e time
of elosing~ ~y endorsed ch~oks or ~rd-p~ checks. All checks, except as provided in
P~a~aph 3 c, of~e prated Contract, shall be ce~ified or b~ checks. All checks presented m
~e closing shall be made payable to the Seller directly, unless advice to ~e contr~ is given to
~e P~chaser.
15. Cancellation of Contract: (a) It is agreed and understood that in the event of cancellation
of this contract, as indicated elsewhere herein and refund of the monies paid on account of this
contract,: this contract shall become null and void and the lien created relating to monies paid on
account of .this contract shall also be null and void and the Purchaser will then no longer have
any lien whatsoever on the property heretofore mentioned.
(b) In the event, for any reason other than specifically authorized in this contract, the
Purchaser cancels such contract, the parties agree that the amount paid on account of the
purchase price~ as indicated above; shall be considered liquidated damages and may be retained
by the Seller in addition to any other remedies available for breach of a contract for the sale of
real property. This in no way shall be construed as a penalty clause.
16. Escrow Deposit: The downpayment herein, if paid to Van Nostrand & Martin, as escrow
agents, shall be held by Van Nostrand & Martin in escrow in a separate account located in Gold
Coast Bank, Islandia, NY, with interest, if any, being allocated to the party entitled to the escrow
deposit. At the appropriate time, as per the following, said escrow agent shall remit such
payments to the party then entitled thereto. Said escrow agem shall act with respect to such
payments as a stakeholder only and without compensation and shall not be liable for the payment
of any interest, court costs or expenses in any action that may be brought to recover the monies
held in escrow unless the escrow agent shall fail or refuse to pay over any such monies pursuant
to a judgment, .order or decree that shall be final beyond possibility of an appeal.
(a) The downpayment, if paid to VAN NOSTRAND & MARTIN, as escrow agents, is
held under the following conditions until the earlier of the following: (i) The delivery of the
deed herein; or (ii) such time as a Purchaser may be entitled to a refund thereof; or (iii) such
time as the Seller may become entitled thereto by reason of the default of the Purchaser.
4
(b) In the event that there is a dispute between the parties regarding entitlement to the
downvayment, the Esctowee~ upon written notice of smd thspute by certffied mall, shall continue
to hold said :downpayment in escrow for thirty (30) days from date of smd notice. If the
Escrowee does not receive written notice from Purchaser in that thirty-day period that the
Purchaser has commenced an action in the appropriate Court of competent jurisdiction and has
obtained an index number, the Escrowee, upon five (5) days written notice to Purchaser, may
release the downpayment to Seller. If an action has been commenced, the Escrowee~ shall have
the right to continue to hold the contract deposit in escrow or to pay the contract deposit into
court pursuant to relevant statute.
(c) Provided the Escrowee acts in good faith and in compliance with the terms of the
Contract, he/she shall, upon doing so, be fully released from all liability and obligations with
respect to the contract deposit. The parties agree that said Escrowee is acting as a stakeholder
and agree jointly to defend, indemnify and hold Escrowee harmless from any ensuing litigation
between the parties or other persons claiming an interest in the contradt deposit.
(d) It is. further agreed that the Escrowee may act as the attorney for the Seller in any
lawsuit.
17. Truth in Heating Law: Purchaser acknowledges that, under Section 17-103 of the Energy
law of the State of New York, commonly known as the Truth in Heating Law, he has a right to a
summary of the heating and/or cooling bills or a complete set of such bills. Purchaser herein
waives his right to copies of such bills or to a smnmary of such bills and acknowledges that he
has not requested them in connection with this matter.
18. Certificate of Occupancy: (a) At or prior to the closing of title, the Seller shall deliver to the
Purchaser a copy of a Certificate of Occupancy and/or Certificate of Existing Use, Permit, for the
premises as it presently exists, excluding dac.~ fences, shrubbery, retaining walls, sheds and
above-ground swimming pools. The Purchaser shall supply to the Seller a ri~w survey or a title
company inspection report for any existing survey if required by the municipal Building
Department in order to issue said certificates. In no event, however, shall Seller be required to
bring any variance or change of zone proceedings if the same may be necessary to secure any of
said certificates or letter, or expend any money other than an application fee to obtain said
Certificate of Occupancy or Certificate of Existing Use. ,~ ,~ ¢~t':' ,~ $ ~ ~,,q ~ ~ 4~g~t~,,~
(b) In the event the same cannot be obtained by the Seller without bringing said
proceedings, the Seller shall have the option to cancel this contract and return the contract
downpayment to the Purchaser, and neither party shall have any further liability to the other.
The Purchaser, however, shall have the right to elect to proceed with the purchase regardless of
the production of said certificates or letter.
19. Rider Terms Prevail: In the event any portion of this Rider is in conflict with any other
clause elsewhere contained in this Agreement, then the terms of this Rider shall prevail.
20. Headings: The headings used herein are for convenience of reference only and in no way
define, limit or describe the scope of this Contract and shall not be considered in the
interpretation of this contract or any provision hereof.
21. property Condition Disclosure Statement: In as much as Seller has not delivered a
Property Condition Disclosure Statement pursuant to Article 14 of the Real Property Law prior
to the signing by the Buyer of a binding contract of sale, the Buyer shall receive upon the
transfer of title a credit of five hundred dollars ($500.00) against the agreed upon purchase price
of the residential real property.
5
22. Pcconic Bay Re,on Trs,~fer Tax: If applicable, Purchaser asrecs to pay the Peconic
Bay Rcsion Transfer T~x at Closinl{.
23. Seller asrees to do he following prior to closing:
a) Repaint interior with Purchaser's choice; of colors
b) Re-sand first level floors and apply three (3) coats of polyurcthanc;
c) Perform Spring clcan-up of exterior 8rounds;
d) Leave pool table and stereo sound systcm;
c) Install glass fireplace doors on fireplace;
**See below
24.. Pur¢lmscr's, at theh- sole cxpcn~c may cause a home inspeotion and test of the water
within seven (~) days of receipt of fully executed contra~ts. J.n the event same arc found to be
uns~$:~acto~, the Purchaser's ma), cancel th~ contra~ts and upon receipt of thc down payment
pa~d hereunder the comract shall be deemed null and void. In he event Pumhasers fail to provide
written notice to Seller's attorney on or before ten (10) days from reccipt of fully executed
cont~a~ts, the Pu~h~.q~s shall bc deemed to have waivcd thc provision of this peraR:caph and thc
agreement .h~!l rer~ hi full force nnd e~8~.
25. Seller will cooperate and ~0cote all documents necessa~ to amend Permit #1602
(attached) for thc 'Tlxcd floating dock" to transfer salne to Pur~kn~er's name. This provision
shall survive closing.
Paul Pawlowski
SS#: ......................................................
SELLER
SS#: .....................................................
PURCHASER;
S~: ............................................................
(f)
(g)
(h)
Seller will assign all his rights to and cause the Trustees
Permit #1602 for the dock in Mattituck Inlet to be transferred
to Purchaser with access to the dock from premises herein and
deliver the key to lock on Dock access ramp. *
Repair broken screen on sliding door.
Correct or amend the Certificate of Occupancy to remove reference
to attached garage and change garage area to recreation room
in place thereof and obtain a Certificate of Completion for
conversion of area above recreation room to bedroom use.
Seller shall have fifteen (15) days from receipt of Contract and
deposit to obtain such approval conditioned upon closing. If
Seller is unable to obtain approval as above, Purchaser can either
extend time for up to an additional thirty (30) days, waive the
condition or cancel.
6
I0/ I0 u!:ta li pu a:tsoN tlg0tgglg9 Nd t0:AI 010Z/9I/£0
Fidelity N tional Title lzsura,,ce
...... ,. ,: ,. :,.,.', ',~z...:,,. :~~,,
~ y~' ~ ................
L
~ 1/31/02 ~ 074
~e~p~ ~ew Yor~ ~d ~ on 0~ 5, 19~1,
BEGINNING ar a point on file Hortherly aide of Holbrook Lanc, 264.06 feet, Easterly from the oomer formed by the
in/~-~fion of (he Northerly ~/dc of Holbrook Lane a~d. thc :F.~sterly ~/de of Yotm~s R/ght of Way;,
RI~O 'tHItNCB, Northerly along a course ~g North 2 degrees 01 mi~ut~ 40 seconds Fast, 249.26 fe't to a
poin~
THBNCB, Easterly along a oourse tm-ming South 82 degrees S8 mmut:a 30 seaonds Fast, 267.52 feet to a point;
· THENC,E, Southerl~ along a cou~c ruaning South 10 (iCgreea 07 minutes 00 seconds F. mst, approximately 49.62 feet. to a
Tm/NC.E, Westerly, along a course rurm/ng North 83 d~eez 26 minutes Wc~, 75 f~t to a point (dong land now or
formerly Owned by Sander);
~Cl~, Southerly along a eourse .r~g South 2 degrees $0 minutes 40 seco:ds West, 200 feet to a point (along land
now or formerly owned by Sander);
TI-IBIq'CB, Westerly along a coursc running North 83 dcgrees 11 m/nutes 30 $~conds We~ 200 feet (along ~ha Notfiledy
side of Holbrook Lane) to tl~ point or place of BI/(~INNIlqO.
TO~ETHER.with a Right of Way, filrou~a and over Holbrook Lane; and TO~ with a' P..ight of Way through and
over Y.oungs Right of Way a/Ma Wicks Road, to thc' Water known as Mattituck Creek and lo and. from Mill Road,
Tlar~ POLICY TO B~ ~r$$UED under trite cammttmcnt wtl~ in~ure thtt titl`' to such btdlding~ trnd improv~nent$ on th" pr~rni~e~ which
.by law con.rlitute r`'al prap~rO~,
J~OR CONF~YfANClNG ONLY: ~ogether with all tile right, tftl`' and ~nte~e~t of the party of tha fimt par~. of ir~ and to the ~ lying
in th`' street in front of and adJotntng sald prarnts~.
$C~£D~LE ~-I (De$crtpaon) '
sto/tto
tO:ii 010 /9I/ 0
APPROVED BY
BOARD OF TRUSTEES
TOWN OF SOUTHOLD
James F. King, President
Jill M. Dohecty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
P.O. Box 1179
Southold, NY 11971
Telephone(631)765-1892
Fax (631)765-6641
Southold Town Board of Trustees
Field Inspection/Worksession Report
Date/Time: ~- '~- 4~)~'
PAUL PAWLOWSKI requests a Transfer of Permit #1602 from Thomas &
Susan Orioles to Paul Pawlowski, as issued on May 3, 1983. Located: End
of Holbrook Lane, Mattituck. SCTM#113-6-5
Type of area to be impacted:
__Saltwater Wetland __Freshwater Wetland
Sound Bay
Distance of proposed work to edge of wetland
Part of Town Code proposed work falls under:
__Chapt.275 Chapt. 111 other
Type of Application: __ Wetland __Coastal Erosion __Amendment
__Administrative__Emergency Pre-Submission __Violation
Info needed:
Modifications:
Conditions:
Present Were: ~g j~".Doherty p~'/.Dickerson/..--iD. Bergen~./_/~..Ghosio,
D. Dzenkowski other
Form filled out in the field by
Mailed/Faxed to:
Date:
03/23/20i0 11:~0 7858
BOARD OF
PAGE 01
Ja~ F. Ki~, Prudent
Jill M. Dohert'y, Vi~-Pr~ident
Pe/~/y A. Dickerzon
Daw Bergen
Bob Oho~io, Jr,
Town ~ Ann~
54375 Main Road
P.O, Box 11'/9
5outhold, New York 11971-0959
Telephone (631) 765-1892
(631) 765-6641
BOARD OF TOW~ TRUSTEES
TOWN OF SOI2FHOLD
APPLICATION FOR A TRANSFER OF A WETLAND PERMIT
ADDRESS
AGENT
PHONE
PHONE
ADDtLESS
I/We
to
PROPERTY LOCATION ..W C'T- ~, del ( ~ ,~ --l. "~
Sign~l By:
5
To: Board o f Trustees
From: Paul Pawlowski
Date: March 25, 2010
To whom may concern,
I Paul Pawlowski would like to transfer my rights or transfer of permit number 1602 to
Jane Dey ofSCTM # 113-6-14.5 as a "contract vendee" from me Paul Pawlowski. Jane
Dey is in contract with me for the sale of my house on Holbrook Lane Mattimck and this
transaction is part of the sale terms see attached contract of sale.
Please let me know if you have any questions
Contact # 631-445-4348
Regards
Paul Pawlowski
L~
BARGAIN AND SALE~.. EE~D/WITH COVENANT AGAINST
GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION)
FORM 8007
CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEy AND REVIEWED BY ATTORNEYS FOR
SELLER ^Ng PURCaaSER s~oRE S~GNrNo
THIS INDENTURE, made the July 8, 2009,
between
Tt~omas F. Orioles and Susan M. Orioles, of 28 Rose Court, Smithtown, New York 11787
party of the first part, and
Paul Pawlowski and Anne Pawlowski of 214 West 20th Street, Apt. GE, New York, New York
10011
party of the second part,
WITNESSETH, that the party of the first part, in consideration ofTen Dollars and No Cents
($10.00), lawful money of the United States, paid by the party of the second part, does hereby
grant and release unto the part~.' of the second part, the heirs or successors and assigns of the party
of the second part forever,
.,iLL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the
See Schedule A attached hereto and made a part hereof.
Being and intended to be the same premises conveyed to granter herein by deed dated May 11,
1992, recorded May 22, 1992 in the office of the Clerk of Suffolk County in Liber 11471, Page
227.
TOGetHER with all right, title and interest, if any, of the party of the first part in and to any
streets and roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and.rights of the party of the first part
in and to said premises, ~ ::
TOHAVEAND TOHOLD 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 anythingwherebythesaidpremiseshavebeenencumbere' I]~)~ C ~ ~ ~ ~ 'r~
as aforesaid. ~y~ay whatever, except
~ 8osrd of Trus[ees
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants
that the party of the first part wall 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 "parhes" 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.
Tho}nas F. Orioles ' 7
S[tsan M. Orioles
Acknowledgment by a Person Within New York State (RPL § 309-a)
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the 8th day of July, 2009, before me, the undersigned, personally appeared Thomas F.
Orioles and Susan M. Orioles, 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 they executed the same in their capacity {es), and that
by their signature(s) on the~ment, the individual(s), or the person upon behalf of which the
individual(s) acted, execuld~Qinstmment.
(signature and office of i]~4]~iduaXl-t"aki~g acl~now~~ GR£¢CO
~ NOTARY pUBLIC, STATE OF NEW YORK
QUALIFIED IN SUFFOLK COUNTY
REG. #02GR6073756
~D~d ,,,I¥ COMMISSION EXPIRES APRIL 29, 2010
T.~itle No. L-562552-S
Thomas F. Orioles and Susan M.
orioles
To
paul Pawlowski and Anne
pawlowski
Section 113.00
Block 06.00
Lot 007.000
County or Town Suffolk
Street Address Holbrook Lane
Mattituck, New York
11952
Return By Mail To:
David Dcsmond, Esq.
53 Broadway
Amityville, New York 11701
Reserve This Space For Use Of Recording Office
Title No. L-562552-S
SCHEDULE A - DESCRIPTION
A~_~L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
sil;uate, lying and being in the Village of Mattituck, Town of Southold, County of Suffolk and State
of- New York, bounded and described as follows:
B~GINNING it a point in the northwesterly comer of the hereinafter described premise~, said point
b~ing situate the following two courses and distances when measured easterly along the northerly
siale of"Miller's Right of Way" and southerly across said "Miller's Right of Way" from the comer
formed by the intersection of the said northerly side of"Miller's Right of Way" with the easterly side
of' Mill Road, as shown on "Map of Jackson's Landing at Mattituck", filed in the Office of the Clerk
of' the County of Suffolk on March 28~ 1969 as Map No. 5280;
1. South 83 degrees 26 minutes 00 seconds East 402.37 feet;
2. South 1 degree 25 minutes 20 seconds East 370.12 feet to the point ofbegirming;
RL!NiNING THENCE from said point of begirming South 83 degrees 02 minutes 20 seconds East
279.29 feet to a point;
TIIENCE South 2 degrees 01 minute 40 seconds West 249~26 feet to a monument in the northerly
side of Young's Right of Way;
TI-IENCE North 83 degrees 11 minutes 30 seconds West along the northerly side of"Young's Right
of' Way", 140.00 feet to a monument and land now or formerly of Argentieri;
TIqENCE North 2 degrees 01 minute 40 seconds East along the last mentioned land 200.00 feet to
a monument;
TIqENCE North 83 degrees 02 minutes 20 seconds West, still along the last mentioned land and
passing tkrough a monument; 136.26 feet to the easterly side of"Young's Right of Way";
TttENCE North 1 degree 25 minutes 20 seconds West, along said easterly side of"Young's Right
of Way", 50.00 feet to the point or place of BEGINNING
FOR CONVEYANCING ONLY: Together with all right, title and interest of, in and to any streets and roads abutting the
abOVe described premises, to the center line thereof.
06/26/2009 FRI 14:50 FAX 63 0314 Van N0strand and lactin
001/002
LcRoy Vaa No~b-an~ Jr.
Humb~ O. Mat~ 1959-1989
William C. Morrell
Joa~'~ Allar
David S. Desmond
VAN NOSTRAND & ]V[ARTIN
ATrOP. N~Y$ AT LAW
53 Bro~iway
P.O. Box 307
Panityville, NY 11701
Tel 631~264-0303
Fax 631-264-0314
This numbcr i~ not to be
used for savico o£ process
or litigafoa documeais
Elizabeth
Town of Southold Trustee
David S. Desmond, Esq,
Fax~ 631-765-6641 Pagea= ~
Date:.
Re= Dock Permit No. 1602 cc~
[] Urgent [] For Review i~ Please Comment
Message:
Dear Elizabeth:
My client is in contract to purchase the premises known as Holbrook Lane, Mattituck, NY from
Thomas and Susan Orioles. The tax map of their property is 1000-113-6-7.
Mr. and Mr.s Orioles are listed as parties on Permit No. 1602 issued by the Board of Southold
Town Trustees. A copy of same is attached for your ready reference.
I am trying to ascertain what the process is to transfer the permit to my client's and what
documentation I will need to effec[uate the transfer of the permit l:o my clients.
Please review and advise at your earliest convenience.
· cemly,
Important Message
This communication is intended only for the used of the individual or en~[y to which it is addressed and may contain infou~a~on that is
pdv,3aged, onnfidendal and exempt from disclosure under applk;able law. If the reader of the message is not the intended recipient or
the employee or agent responsible for der~vering the message to the Intended redplent, you are hereby not, ed that any disSmmnatJon,
dist~)u§on, or copying o[ this commu~cafion is st~ prohibited. If you have received this communication In emor, piaase noUfy us
immediately by coliact telephone nail to (631) 264q)303 and retom the original to us at the above address via ~e US Po~t~ Service,
and we shall reimburse you for the postage cost. Thank you for your prompt cen~oera6on.
06/26/2009 FRI 14:51 FAX 631 0314 Van No~trand and ~lartln
JUN-O3'EOOG ll:IZ~ . FROI~-FER~RI WALLACE JURGENS LLP +63184?86?0
%.
T'S06
~002/002
F-711
Board Of Southold Town Trustees