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HomeMy WebLinkAboutRed Fawn Rd At Forrestbrook MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulseCWtown.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: From: Date: Subject: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney October 26, 2010 MCM Homes, Inc.~Road Dedication OCT 2 7 2010 Soulhold Town Clerk For your records, I am enclosing the original, recorded Bargain & Sale Deed and Dedication and Release documents in connection with the referenced matter. I am also enclosing a copy of the resolution authorizing this dedication. If you have any questions, please do not hesitate to call me. Thank you for your attention. Ilk Enclosures ORIGINAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 4 Receipt Number : 10-0116342 TRANSFER TAX NUMBER: 10-04914 District: 1000 Deed ~ount: Recorded: At: LIBER: PAGE: Section: Block: 079.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 10/05/2010 09:23:13 AM D00012639 341 Lot: 007.008 Received the Following Fees For Page/Filing $20.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 Cert. Copies $5.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 10-04914 Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $250.00 NO $0.00 NO $30.00 NO $0.00 NO $355.00 JUDITH A. PASCALE County Clerk, Suffolk County Number of pages TORRENS Serial g Certificate #, Prior Ctf. # Deed / Mortgage lnstxument al Page / Filing Fee ~ ~ Handling ,-~2 __ TP-584 Deed / MOrtgage Tax St~np FEES Notation EA-52 17 (County) b.__ Sub Total ' ' CA-5217 (State) __ . ~ R.P.T.S.A. ~55 5 Comm. of Ed. Affidavit Other 'GRAND TOTAL 5 Real Property Tax Service Agency Verification 10020281 xOOO o79oo o2oo ooToos Stamp Date Initials j Satisfactions/Discharges/Releases List Property Owners Mailing Addres _ . . RECORD &.R~TURN TO: Suffolk 29::0 Oct. 05 09:23::3 aiq JLID5TH ~ P~9]:~LE CLERK OF Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit Or Spec./Add. TOT MTG, TAX Dual Town.~Dua County__ Held for Apportionment Transfer Tax Mansio'n 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 appropriafe tax clause page # __ of~his instrument. Community Preservation Fund $ Land TD [O TD TD Title Company Information Co. Name ~7--! ~ Title # & Endorsement Pa This page forms part of the a~ched Bargain and Sale Deed ~rlth Covenant (SPECIFY TYPE OF INSTRUMENT ) made by: MCM ItOI~S, INC. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO ~ OF SOuTuOLD,, In the Township of Southold In the VILLAGE or HAMLET of: Southold BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. . If a portion of your monthly me,gage payment included your property taxes, you will now need to c0ntac~[ 'four local Town Tax Receiver so that you ma'f be billed dkectl¥ for all furore provertv tax bills. Local property taxes are payable twice a year: on or before January 10~ and on or before May 31st. 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 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brook_haven Town Receiver of Taxes 250 East Main Street · Port Jefferson, N.Y. 11777 (516) 473~0236 ; East Hampton Town Recetver of Taxe.~ · 300 Panfigo Place East Hamp~on, N.Y. 11937 (516) 324-2770 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (5t6).749-3338 Smithtown Town Receiver of Taxes 99 West Main Street 8mRhtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 · I$1ip Town Keceiver of T~xes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southampton Town Receiver of Taxes I 16 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 dw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against G;-ant(~r's Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the I day of Me~;2010 BETWEEN MCM HOMES, INC., a New York corporation with offices at 6 Cherry Lane, Mt. Sinai, New York 11766, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal offices at 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.00)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and State of New York, known and designated as shown Red Fawn Road as shown on a certain map entitled "Map of Forestbrook at Bayview" and filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map Number 11119, being more particularly described as on Schedule "A" annexed hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated November 14, 2004, recorded in Liber 12368 page 949 in the Suffolk County Clerk's Office. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" 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. B;~M HO__MES~~ ~ ' ha~e Mje~-~, President Re/RoadDed/deedroad BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of Suffolk, ss: On the J ~rday of~N,F-'in the year 2010 before me, the undersigned, personally appeared MICHAEL MATHESON 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)~cted, executed the instrument. (signatUre and ~n~'ce ~f'~ndividual tak~gacknowledgment) KERRI'~. MCCARTHY NOTARY PUBLIC - STATE OF NEW YORK NO. 01-MC6045508 QUALIFIED IN SUFFOLK COUNTY MY ~ISSION EXPIRES 07-31-20 I ~'- State of New York, County of On the day of , in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(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. (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or Distdct of Columbia, Territory, or Foreign Country) of County of ss: On the day of , in the year 200, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(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 (insert the City or other political subdivision) (and insert the State or Country or other place the ~cknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. 3810-95042 MCM HOMES, INC. TO TOWN OF SOUTHOLD SECTION 079.00 BLOCK 02.00 LOT 007.008 (3~I/(~t,~I~DISTRICT 1000 Record & Return To: Attn: Town Clerk's Office Town of Southold P.O. Box 1179 Southold, NY 11971 sc,~o~r "A" - Red Fawn Road ALL that certain plot, piece or parcel of land with the improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as Red Fawn Road, as shown on Subdivision, "Forestbrook at Bayvew" filed in the Office of the Clerk of Suffolk County on June 15, 2004 as File No. 11119, more particularly bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of North Bayview Road, said point being situate North 73 deg. 27 min. 40 sec. West as measured along the northerly side of North Bayview Road 495.95 feet from the intersection of the northerly side of North Bayview Road and the westerly side of North Road to Bayview; RUNNING thence from said point of beginning North 73 deg. 27 min. 40 sec. West along the northerly side of North Bayview Road 100.00 feet to a monument set and Lot 6, Subdivision, "Forestbrook at Bayview"; RUNNING thence along Lot 6, Lot 5, Lot 4, Lot 3, Lot 2, and Lot 1, Subdivision, "Forestbrook at Bayview" the following nine (9) courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, North 16 deg. 32 min. 20 sec. East 117.72 feet, On the arc of a curve to the left having a radius of 714.38 feet for a distance of 247.97 feet toa monument set, On the arc of a curve to the left having a radius of 25.00 feet for a distance o.f 24.77 feet to a monument found, On the arc of a curve to the right having a radius of 60.00 feet for a distance of 301.43 feet to a monument found, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 22.44 feet to a monument found, On the arc of a curve to the right having a radius of 764.38 feet for a distance of 270.15 feet to a monument set, South 16 deg. 32 min. 20 sec. West 117.72 feet, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet to the monument found at the point or place of Beginning. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEDICATION & RELEASE Number of Pages: 2 Receipt Number : 10-0116342 District: Section: Block: 1000 079.00 02.00 Recorded: At: 10/05/2010 09:23:13 AM LIBER: PAGE: Lot: 007.008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $10.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $5.00 NO RPT Fees Paid $20.00 $15.oo $0.00 $30.00 $85.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012639 342 Exempt NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed, Mortgage Insmmaent Deed / Mortgage Tax Stamp Page / Filing Fee Handling TP-584 Notation EA-5217 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affida~vit Other 4 District " Real Property Tax Service Agency Verification 5. 00 Satisfaction/Discharges/Release List Property Owners Maillng Address RECORD & RETURN TO: Co. Name :'LEq'~[ L-F Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / kdd. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax ' The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on ! 5 Commnnlty Preservation Fund Consideration Amount $. CPi:: Tax Due $. Improved Vacant Land Title Company lnfomation ~'7-/ s I Suffolk County Recor,ding & Endorsement Page (SPECIFY TYPE OF INSTRUMENT) To The pren~sis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VII J.AGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (avar'l Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original cop:' ?or your records. If a portion of your monthly mortgage payment included your property taxes, you will now r :ed to contact your local Town Tax Receiver so that you may be billed directly for all future pr0p,:rty tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before ~,;;ay 31st. 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 'ax payment. .~..~...~ Babylon Town Receiver of Taxes 200 East Sunrise Highway NoFth Lindenhurst, NY 11757 (63 l) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brooldaaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Hate East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of MCM HOMES, 1NC., for the Laying Out of a Highway in Southold, Town of Southold, Suffolk County, New York to be known as: RED FAWN ROAD DEDICATION AND RELEASE MCM Homes, Inc., being the owner of certain land in Southold, Town of Southold, Suffolk County, New York, included within which land is a proposed highway known as RED FAWN ROAD described in the above entitled matter dated June 1, 2010. NOW THERFORE, in consideration of One ($1.00) Dollar to it in hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new highway known as RED FAWN ROAD, does h, ereby release and dedicate to the Town of Southold all the land heretofore owned by it within said proposed highway and other areas as follows: The highway known as RED FAWN ROAD as shown and designed on a certain map entitled "Map of Forestbrook at Bayview", situate at Southold, Town of Southold, Suffolk County, New York, which map was filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119. And it does release the said Town of Southold from all damages by reason of the layout of the said highway. STATE OF NEW YORK) ) COUNTY OF SUFFOLK) By //IA~_]~. ~licVhael Matheson, President SS. On this I ~ '~ day of I~ 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL MATHESON, personally known to me or proved to me on the basis of satisfactory evidence that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. /¢~. ,,.,~.~./,0~ ~ ,,~ KERRI K MCCARTHY '~ - "Notary Public/ Re/cdc/streetdedication/dedicat~ARY PUBLIC- STATE OF NEW YORK NO. 01-MC6045508 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20 J~ MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan(~town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jcnnifer.andaloro(~towmsouthold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town tlall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 1197]-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August 30, 2010 RECEIVED Abigail A. Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424, 13015 Main Road Mattituck, NY 11952 ] 20]0 So~h~l~ To,,, ~ ~e~ Re: MCM Homes, Inc./Road Dedication Dear Ms. Wickham: I am pleased to enclose the following original road dedication papers in connection with the referenced matter, which are now ready for recording with the Suffolk County Clerk, and which have been signed by Supervisor Russell: 2. 3. 4. 5. Bargain and Sale Deed; Combined Real Estate Transfer Tax Return (Form TP-584); Peconic Bay Region Community Preservation Fund; Real Property Transfer Report (Form RP-5217); and Dedication and Release. Once the deed and dedication documents have been recorded with the Suffolk County Clerk, kindly provide our office with certified copies. In addition, I am enclosing copies of the resolution and consent authorizing this dedication for your records. If you have any questions regarding this matter, please do not hesitate to call me. 'l'hank you for your assistance. JA/Ik Enclosures Very truly yours, cc: Members of the Town Board (w/o encls.) / Ms. Elizabeth A. Neville, Town Clerk (w/encls.)u,'" Mr. Peter Harris, Superintendent of Highways (w/o encls.) Mr. James Richter, Town Engineer (w/o encls.) Number of pages TORRENS Serial # Certificate #, Prior Cfi. # 41 Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Deed / Mortgag0 Insmanent 5 00 ' Deed / Mgrtgage T~x Sfimp FEES __ Sub Total Sub Total GRAND TOTAL Recording / Filing Stamps Mortgage Amt. 1. Basic Tax ' 2. Additional Tax Sub Total SpecffAssiC Or Spec./Add. TOT. 1ViTG, TAX Dual ToWn~ Dual County __ Held for Apportionment __ Transfer Tax Mansidn Tax. The property covered by this mortgage is or will bo improved by aone or two family dwelling only. YES or NO If NO, see appropri~fe tax clause on page # __ of this insWament. Stamp Date Initials R~al Pre Dist. lOOO ,erty Tax Service Agency V~fication Section 079.00 02.00 Lot 007.008 Community Preservation Fund C~onsideration Amount $. CPF Tax Due _~J Satisfactions~ischarges/Roleases List Property Owners Mailing Address, .... RECORD &,RETURN TO: ,' 7'&o ~ o/C-- .5'o~-r-:-/o rd P. O z3o× ~/¢? ' I s I Title Company Info,rmation Co. Name [Title# Suffolk County RecOrding & Endorsement Page This page forms part ofthe attached Bargatn ~na Sale Deed ~rlth, Coven~pt (sPEcu~ TYPE O~ INSTrUMeNT ) $ Improved Vacant Land TD made by: INC. TO ~ OF $OuI~OI~ ,, The premises herein is S'ltll~ed in SUFFOLK COUNTY, NEW YORK, In thc Township of Southold In the Vff,I.AGE or HAML~ of ! Southold BOXES 5 THRU 9 MUb-~ BE TYPED O'K PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, madethe I ~: day of~;'2010 BETWEEN MCM HOMES, INC., a New York corporation with offices at 6 Cherry Lane, Mt. Sinai, New York 11766, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal offices at 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100-($10.00)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and State of New York, known and designated as shown Red Fawn Road as shown on a certain map entitled "Map of Forestbreok at Bayview" and filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map Number 11119, being more particularly described as on Schedule "A" annexed hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated November 14, 2004, recorded in Liber 12368 page 949 in the Suffolk County Clerk's Office. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" 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: MCM HOME,S~JNC. ~i(~hael Matfie~o~, President Re/RoadDed/deedroad BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of Suffolk, ss: On the I ¢~'day of~/N,~'in the year 2010 before me, the undem~gned, personally appeared MICHAEL MATHESON 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/net/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual~s)~ted, executed the instrument. (signa~re and ~/fi'ce ~f~ndividual tak~ ackn~).l~dgment) KERRI'~. I~ICCAR NOTARY PUBLIC - STATE OF NEW YORK NO. 01.MC80455~8 QUALIFIED iN SUFFOLK COUN'I~j . , MY COMMISSION EXPIRES 07-31 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 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. (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of ss: On the day of , in the year 200. before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(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 (insert the City or other political subdivision) (and insert the State or Country or other place the ~cknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. 3810-95042 MCM HOMES, INC. TO TOWN OF SOUTHOLD SECTION 079.00 BLOCK 02.00 LOT 007.008 .... DISTRICT 1000 Record & Return To: Attn: Town Clerk's Office Town of Southold P.O. Box 1179 Southold, NY 11971 sc.~:-o~E "~" - Red Fawn Road ALL that certain plot, piece or parcel of land with the improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as Red Fawn Road, as shown on Subdivision, "Forestbrook at Bayvew" filed in the Office of the Clerk of Suffolk County on June 15, 2004 as File No. 11119, more particularly bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of North Bayview Road, said point being situate North 73 deg. 27 min. 40 sec. West as measured along the northerly side of North Bayview Road 495.95 feet from the intersection of the northerly side of North Bayview Road and the westerly side of North Road to Bayview; RUNNING thence from said point of beginning North 73 deg. 27 min. 40 sec. West along the northerly side of NOrth Bayview Road 100.00 feet to a monument set and Lot 6, Subdivision, "Forestbrook at Bayview"; RUNNING thence along Lot 6, Lot 5, Lot 4, Lot 3, Lot 2, and Lot 1, Subdivision, "Forestbrook at Bayview" the following nine (9) courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, North 16 deg. 32 min. 20 sec. East 117.72 feet, On the arc of a curve to the left having a radius of 714.38 feet for a distance of 247.97 feet to.a monument set, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 24.77 feet to a monument found, On the arc of a curve to the right having a radius of 60.00 feet for a distance of 301.43 feet to a monument found, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 22.44 feet to a monument found, On the arc of a curve to the right having a radius of 764.38 feet for a distance of 270.15 feet to a monument set, South 16 deg. 32 min. 20 sec. West 117.72 feet, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet to the monument found at the point or place of Beginning. · TP,584 (3/07) Combined Real Estate Transfer Tax Returfi, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal IncomeTax See Fbrm TP-584-1, Inntructions for Form TP-584, before completing this lorm. Please priat or typ_e:. Schedule A -- Information relating to conveyance Grantor/Transferor [-J Individual [~ Corporation [] Partnership [ZJ Estate/True1 [~ O~her Grantee/Transferee [] Individual [,~ Corporation L~ P~rtnership ~ Eslale/frus~ _~ OthoL MCM Homes, Inc. Social securily number Mailing address 6 Cherry Lane Mt. Sinai~ Town of Southold Smle ZiP code NY 11766 City Stale Southold, NY Federal employer Id~nl. nomber Social securily nnmber Mailing address Social securily number P.O. Bo× 1179 ziP code 11971 Location and description ~f property conveyed Federal employer idenl, number 6 oo ? [ Tax map designation ! Address Type of proper~-y conveyed (check ~pplicabta box) I [] One- to three-family house 2 [] Residential cooperative 3 [] Residential condominium 4 F~J vacant land City/village Southold Town Southold County Suffolk 5 [] Commercial/Industrial Date of conveyance 6 [] Apartment building 7 [] Office building [ ~ I 10 $ [] Other Road monlh ~ay year Percentage of real property conveyed which is residential real property. - % (see instructions) Condition of conveyance (check all that apply) a. [] Conveyance of fee interest b. [] Acquisition of a controlling interest (state percentage acquired_ %) c. i~ Transfer of a controlling interest (state percentage transferred --%) d. [] Conveyance to cooperative housing corporation e. [] Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP.584.1, Schedule E) f. [] Conveyance which consists of a mere change of identify or form of ownership or organization (attach Form TP*58,1.1, Schedule F) g. [] Conveyance for which credit for tax previously paid will be claimed (attsch Form TP-584. f, Schedule G) h. C'I Con~eyanc~ el cooperative apartment(s) i. [~ Syndication . [] Conveyance of air rights or development rights k. [] Contract assignment Amount received Date received $ JSchedule B., Part Il ~ I. [] Option assignment or surrender m. [] Leasehold assignment or surrender n. [] Leasehold grant o. [] Conveyance of an easement p.[] Conveyance for which exemption from transfer la~ claimed (complete Schedule B. Part III) q. [] Conveyance of property partly within and partly outside the state . - ,, r. m Other (describe), T-~v~ I~O0.c~ CJ M'(~SV~ Transaction number Page 2 of 4' TP-584 (3/07) Schedule R -- Real estate transfer tax return (Ta.x_L_aw, A_rticie 31) _ Part ! - Computation of lax due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption h~)~ tax, check exemption claimed box. enter consideration and proceed Io Pa' . ........... [] Exemption claimed 2 C~)ntinuin9 lien deduction (see i~strucrions itpropeHy is taken subject Is mortgage or lien) ........................................ 3 Taxable consideration (subfraL;lline 2 from line 1) ................................................................................................ 4 'Fax: $2 lot each $500, or fractiooal part thereol, of consideration on line 3 .................................................. 5 Amount of credit claimed (see inslruclions andatlach Form TP-Se4 Schedu e G ........................... 6 Tole axd e' [subrac ne5from ire4) -0- -0- Part ti Computation el additional lax due on the conveyance of residential real property lot $1 million or more I Enlet amount of consideration for conveyance (Item Pan I. line r) ....................... 2 Taxableconsideration (multiplyline ~bythepercen~age~hep~en~i$e~waichis~es~den~ia~rea~r~pe[~y`as~h~ni~S~h~du~e~`~ 3 qbaaddtona ranseraxdLe*(muiply ~e2Dy1% 71) ................................................................................. L_3_._L Part ti] - Explanation of exemption claimed on Part 1, line 1 (check anyboxes that apply) Tire conveyance el real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the Untied States of America, the state et New York, or any of Iheir instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ................. .. ............................................................................................................................ a b. Conveyance is to secure a debt or oiher obligation ............................................................................................................................ b ~d c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................... c E~ d. Conveyance of real propert¢ is withoul consideration and not ]n connection with a sale, including conveyances conveying realty as bona tide gifts ....................................................................................................................................................................... d [] e. Conveyance is given in connection with a tax sale ....................................................... : ..................................................................... e [] ownership. (This exemption cannot be claimed lora conveyance to a cooperative housing corporation of real p'roperty comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedale F .................................................................... g. Conveyance consists of deed of partition., ......................................................................................................................................... h. Conveyance is given pursuant Io the federal Bankruplcy Act ............................................................................................................. h Conveyance consists of the execution of a contract to s~,ll real property, without the use or occupancy of such property, or the 9ranting of an option to purchase real properly, without the use or occupancy of such properly ................................................. j. Conveyance of an option or contract to purchase real property wlth the use or occupancy of such property where the consideration is less than $200,000 and such properly was used solely by the grantor as the grantor's personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or tho sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment ....................................................................................................................................... k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401 (e) (~ltach documents supporling such clairn) ........................................... ~,~ .............................................................................................................................. I. Olher (attach explanation) ..................................................................................................................................................................... I *P~ease make check(s) payable to the county clerk where the recording ia to take place. If the recording is to take place in New York City, make check(s) payable to the NYC; Oepar~rnent o! ?lnance. If a recording is not required, send this tatum and your check(s) made payable to the N¥$ Department olTax~tis~ ~d£lna~ce, directly to the NYS 'lax Department, RE-Fr Return Processing, PO Box 5045, Albany NY 12205-5045. Schedule C- Credit Line Mortgage Certificate (Tax Law, Article 1 1) Page 3 of 4 TP-584 (3/07) Complete the foilowtng only if the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) 1. ~ The real property being sold er transferred is not subject to an outstanding credit line mot tgage. 2. /_~1 The real property being sold or Iransferred is subject to an outstanding credit line mortgage. However, an exemption lrem the tax is claimed lot ~he following reason: [] The transfer et real property is a transtar of a fee simple inlorest [o a person or persons who held a fee simple interest in the real property (whelher as a joint tenant, a tenant in common or otherwise) immediately before the transfer. I~_-t The transtar el real property is (A) to a pease or persons relaled by blood, marriage or adoption to the original obligor or to one or more el the originat obligors or (13) to a person or entity where 50% or more of the beneticial interest in such real property after the transfer is held by the translator or such related person or persons (as in the case of a transler to a trustee for the benefit of a minor or the transfer to a trust Ior ihs benefit of the transferor). _[~..J The transfer el rea] property is a transfer to a trusleo in bankruptcy, a receiver, assignee, or other olficer el a courl. [~] The maximum principal amount secured by Ihs credit tine mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally implored nor will it be improved by a one- to six-family owner~occupied residence or dwelling. Please note: tot purposes at determining whether the maximum principal amount secured is $3.000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-IR lor more information regarding these aggregation requirements. [] Other (attach detailed explanation). 3. [~J The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for [he following reason: [] A certificate of discharge of the credit line mortgage is being ollered at the lime of recording the deed. [.~.j A check has been drawn payable Ior transmission to tho credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as il is available. The real property being transferred is subject to an oulstanding credit line morlgage recorded Jn (insert liber and page or reel or other identification of the mortgage). The maximum principal amounl of debt or obligation secured by the mortgage is . No exemption lrom tax is claimed and the tax of _ is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording Is to take place in New York City, make check payable to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or attachment, is to th~ best of his/her knowledge, true and complete, and aulhodze the person(s~,submitting such form o ~ their behalf to receive a copy f.o./'~purp.9.se~f ~corr~ng the deed or other instrument elfecting Ihs conveyance. ~ Reminder: Did you complete all of the required Information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP-504.17 Have you attached your check{s) made payable ~o the county clerk where recording will taka place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to Ihs NYS Tax Department, RE'rT Return Processing, PO Box 5045, Albany NY 12205-5045. ,age 4 et 4 TP-584 (3107) ;chedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, sect_ion 663)_ ;omp~ete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. ~ert I - New York State residents I you are a New York State resident transferor(el/seller(e) Hated in SchedtJlO A of Form TP-SR4 (or an attachment to Form TP-584), you must ;ign the certification below. It one or more transferors/sellers el the real properly or cooperative unil is are. sident of New York State, each · esident transteror/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many ~chodules as necessary to accommodate all resident translators/sellers. Certification of resident transferor(s~/seger($) This is to cerBy that at the time of the sale or transfer of the real properly or cooperative unit, Ihs transleror(s)iseller(s) as signed below was a resident of NewYork State, and therefore is not required to pay estimated personal income lax under Tax Law, section 663(a) upon the sale or of this real property or cooper; Michael Matheson President Note: A resident et New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a dee,d. Part'J~[ - Nonresidents of New York State Il you ere a nonresident of New York State listed as a transferor/seller in Schedule A el Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated persona[ income tax because one el the exemptions below applies nnder Tax Law, section 663(c), check the box of tl~e appropriate exemption below, I1 any one of the exemptions below applies 1o the transferor(a)/seller(s), that transferor(s)/~eller(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who q~jalifies under one of the exemptions below must sign in tbs space provided. If more space is seeded, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none el these exemption statements apply, you must complete Form IT~2663, Nonresident Real Property Estimated income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment o! estimated personal income tax, on page 1 el Form TP-584-L Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the rea proper y 6r coopera ve unit, the transferor(el/seller(s) (gi'anlor) of this real property or cooperative unit was a nonresident of New York State, bul is not required to pay estimated personal Income tax under Tax Law, section 663 due to one of the following exemptions: ~-~ The rea] property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal re¢idence (within the meaning of Internal Revenue Code, section 121) from to (see instructions). I '1 The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. ~ The transferor or transferee is an agency or authority of the United States of America, an agency or authority Of the state of New York, the F. ederal National Mortgage Assoqlatlon, the Federal Home Loao Mortgage Corporation, the Go~,ernment National Mortgage Association, or a private,mortgag~ idsurance company. Peconic BaY Region Community Preservation Fund Pro~_,~4s o~*his transfer tax are dlslmrsed to the Townships ,b wbi~ the transaction i ~m~8 for lt~ acqublflOn ofland, devdopmeat rights, and other Inter .~ta fn property for couam-vaflon purpo~e~. Plmse print or typ~ Townshi~: East Hampton Rlverhead ~nelter Island ~outhampton Southold 10 Schcdule A laf~..~Gu, RtJs,n~ m ~ ~ip 6 Cherry Lane ~;~l To~ of Southold ~hip P.O~ Box 1179 ~ Sou~hold, 1000 79 2 ~ 7.8 R~d Fa~ Road D ~P ~ods 11766 7~P cod~ 11971 Dual Tovn~ Southold la- .~ofcoolm~i~ spmmm~s) L J. - ~ or,dr dgbm m'development r~'- Schedule B - Community piw'a~n~tm~ Ftmd Part I - Comlmtafim of Tax ~e I. n-t~ ~o~ of~ ~r ~ ~ (~ ~ I ~ ~z B) 4. 2% ~ ~fion F~ (~ 3) ~ ~ ~ ~blo m ~ CO~ CL~ D~e m:~ived Tm numl~ Shelter T,~h~ ~O,~.W ~[mpmved Se,~*~,pton ~0,0~.~ 1~ Rlv~h~_ d So,,thtqd $150,~-~ Improved $150,00~).00 Im. prov~d $100.000.00 Vacant Land (Unimproved) $100,000.00 V,,."- .t [~ $ 75,~.~ Vacant rsnd ~nim.nm~) a. Co n~mnf~ is m the Lh3ited Natians, the Unq~cl Sw,~ ofi,,,,.~-h~ ~ ~ ofN~ Y~ ~ ~ ~ ~....~{6~ Signatnm (both the ~rantm(s) ..fl ~ must s~gn). PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM. INSTRUCTIONS: http:Hwww.orpe.state.ny.us or PHONE (518) 474-6450 FOR 90, UNTY USE ONLY I ~ (~I.SWIS Code I ~ ~ ~ ~ ~ I REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK Month / Day STATE BOARD OF REAL PROPERTY SERVICES C2. Date Deed Recorded I / Year I ,_..., , , , , PROPERTY INFORMATION ~ 1. Property I [ Red Fawn Road [ Location STREET NUMBER STREET NAME I Southold I SouChold I 11971 2. Buyer [ Town of Southold I [ I ] I lAST NAME ! COMPANY FIRST NAME 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address (at bottom of form) I Addr~$a LAST NAME I COMPANY I STREET NBMeER AND STREET NAME 4. Indicate the number of Assessment Roll per,els transferred on the deed 5. Deed Probo-~ L I x l Size FRONT ~EET 6. Seller I MCM Homes, Inc. Name LAST NAME / COMPANY , 1 I # of Parcels OR ~'~ Part of a Parcer IoBI .... o 7,5 I OEPTH ACRES {Only If Part of a Pamel) Check as they apply:. 4A. Planning Board w;th Subdivision Authority Exists [] 4B. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] I I I r LAST NAME / COMPANY FIRST NAME 7. Check the box below which most accurately describes the uae of the prop®n'y at the time of sale: Agricultural [[~ Community Service Commercial ~ Industrial Apartment Public Service Entertainment / Amusement Forest 2 or 3 Family Residential Residential Vacant Land Non-Residentiar Vacant Land SALE iNFORMATION I 11. Sale Contract Date 12. Date of Sale / Transfer 18. P~operty Class Month Day Year Check the boxes below as they apply:. 8. Ownership Type ia Condominium 9. New Construction on Vacant Land 10~ PmbeAy Located within an Agricultural District 10B, Buyer received a disclosure not,ce indicating that the property is in an AgdcuRural District I $ / I /lo I 13. Full Sale Price I ....... 0 , 0 I (~ ] (Full Sale Price is the total amount paid for the property including personal property. This payment may be in the form of cash, other property or goods, or the assumption of mortgages or ot her obligations.) Please round to the nearest whole dollar amount. 14. Indicate the value of personal I , , , , 0 , 0 , 0 ] property included In the ~ale ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill t6. Year of Asse~sment Roll from 109/~10j 17. TotalA~e~edValue4ofallparcelalntmnderll , i 0 0 which infownatton taken ' ½ " " ½ ' " ~ ' " I 6, 9, 21-1 I tg. s~oo, D,,~ Name I $outhold - $chool D±stric~ #5 i 20. Tax Map Identifier{a) / Roll Identifier(s) Iff more than four, attach sheet with additional ide~Ufler(a)) 1000-79-2-7.8 r I I i i i x I CERTIFICATION I 1 ce~ffy lhat all of the items of information entered on this form are true and correct (to the best ~ my knowledge and be~e~ and I undemtand that the mnld.~ of any willfal fabe statement of material fact herein will subject me to the proviMons of the penal law relative to the m~l~n~ and ~lto~ U~ ~ ~tS* BUYER TO7 OF S~LD 5'o i CIl~f OR TOWN STATE aP C~ SELLER BUYER'S ATTORNEY AREA CODE 7~LEpHONE NUMBER I NEW YORK STATE COPY Number of pages TORRENS Serial ii Certificate ii Prior Cfi. ii Deed. Mortgage Instnunent Deed / Mortgage Tax Stamp Page / Filing Fee Handling 5. O0 TP-584 Notation EA-5217 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy 5. 00 Reg. Copy Sub Total Other tooO District Real Property Tax Service Agency Verification Section Grand Total Block Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Co. Name ~ # Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / A6d. TOT. MTG. TAX Daal Town __ Dual County Held for Appointment Transfer Tax Mansion Tax ' The property covered by this motgage 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. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $, Improved Vacant Land Title Company Information 8 [ Suffolk County Rec°r, din & Endorsement Page This page forms part of the attached ~ ~ nmde by: (SPECIPY OF INSTR The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the V~ .r AGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PKINTED IN BI. ACK INK ONLY PRIOR TO RECORDING OR FILING TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application ot'MCM HOMES, INC., for the Laying Out of a Highway in Southold, Town of Southold, Suffolk County, New York to bc known as: RED FAWN ROAD DEDICATION AND RELEASE MCM Homes, Inc., being tile owner of certain land in Southold, Town of Southold, Suflblk County, New York, included within which land is a proposed highway lmown as RED FAWN ROAD described in the above entitled matter dated June 1, 2010. NOW THERFORE, in consideration of One ($I.00) Dollar to it itl hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in furtber consideration of Iaying out of the new highway known as RED FAWN ROAD, does hereby release and dedicate to the Town of' Southold all tile land heretol'ore owned by it within said proposed highway and other areas as follows: The highway known as RED FAWN ROAD as shown and designed on a certain map entitled "Map of Forestbrook at Bayview", situate at Southold, Town of Southold, Suffolk County, New York, which map was filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119. And it does release the said Town of Southold fi'om all damages by reason of the layout of the said highway. STATE OF NEW YORK) ) COUNTY OF SUFFOI,K) rdmlmel Matheson, President SS. On this ] ~;' day of ~ 2010, belbre me, the undersigned, a Notary Public in and for said State, personally appeared MICIfAEL MATHESON, personally known to me or proved to me on the basis ot' satisfactory evidence that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. KERRI A. MCCARTHY ~' ' "Nota'ry Publicy Rr,/cdc/stree/ctedication/de~licat~ARY PUBLIC- STATE OF NEW YORK NO. 01-MC6045508 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20 RESOLUTION 2010-665 ADOPTED DOC ID: 6142 TillS IS TO CERTIFY THAT TIlE FOLLOWING RESOLUTION NO. 2010-665 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2010: WIIEREAS, MCM Homes, Inc. has made application to the Town Board of the Town Sonthold to dedicate a certain road in Southold, New York, to be known as "RED FAWN ROAD", as shown on the map entitled "Map of Forestbrook at Bayview", filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of ltighways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication o£ highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the albresaid highways, to consist of lands described in said applicat, ion as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk bc~ and she hereby is~ authorized and directed to forthwith cause the dedication, release~ and deed to be recorded in tll~ OfllC~ of the Clerk of the Coun .t3, of, Snffollq New York. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Scott Russell, Supervisor AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of MCM HOMES, INC., for the Laying Out of New Highways at Southold, Town of Southold, Suffolk County, New York, to be known as "RED FAWN ROAD" CONSENT We, the undersigned, being a majority of the Town Board of the Town of S~uthold, in the County of Suffolk and State el~ New York, having duly met at a regular meeting of the said Town Board on the 24th day of August, 2010, and having duly considered the application of MCM HOMES, INC. dated June 1, ,2010, for the laying out of new highways at Southold, in the Town of Southold, to be known as RED FAWN ROAD, do hereby consent that such laying out be made i~,~c~nce with said petition, ~/js',~uncilw°man iVirfdenti(Vl.'~rTa'h~o, ~ouncilman v ,jan/F ... ~ophor M. ~al~ot, Couneilman ~Jizal~h A. NeVille, Tj~wn ~le~l~ Peter Harris, Hwy. Super ERIC J. BRESSI,ER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 631-298-8353 /ELEFAX NO. 631-298-8565 wwblaw~aol.com July 14, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE. NEW YORK 11747 631-249-9480 TELEFA× NO. 631-249-9484 Ms. Betty Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, New York 11971 14 Re: Road Dedication Proceeding: Red Fawn Road "Map of Forestbrook at Bayview" SCTM: 1000-79-2-7.8 southol4 Town Cie4 Dear Ms. Neville: In connection with the proposed dedication of the above road, we enclose the following: 1. Dedication and Release; 2. Survey, which includes requirements of road plans, showing road location and elevations (six prints); 3. Legal Description of Red Fawn Road; 4. Application; 5. Order Laying Out a Highway With the Consent of the Town Board; 6. Consent; 7. Letter from Town of Somhold Board of Assessors dated May 6, 2010; 8. Bargain and Sale Deed to Town of Southold signed by Owner; 9. TP-584 - Combined Real Estate Transfer Tax Return signed by Owner; 10. Peconic Bay Region Community Preservation Fund Form signed by Owner; 11. RP-5217 Real Property Transfer Report signed by Owner; and 12. Title Certificate issued Chical~o T, itle Insurance Company; 13. Offer of Dedication of ~ignway. We will forward the necessary fee to record the Dedication and Release in the County Clerk's Office when the dedication has been accepted. Please forward the enclosed documents to the Town Attorney for review. AAWdm enc[. re/roaddeddltrtown Very tmly/3~urs, · Abigail A. Wickham TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of MCM HOMES, 1NC., for the Laying Out of a Highway in Southold, Town of Southold, Suffolk County, New York to be known as: RED FAWN ROAD DEDICATION AND RELEASE MCM Homes, Inc., being the owner of certain land in Southold, Town of Southold, Suffolk County, New York, included within which land is a proposed highway known as RED FAWN ROAD described in the above entitled matter dated June 1, 2010. NOW THERFORE, in consideration of One ($1.00) Dollar to it in hand paid by Peter W. Harris, Superintendent of Highways of said Town of Southold, and in further consideration of laying out of the new' highway known as RED FAWN ROAD, does hereby release and dedicate to the Town of Southold all the land heretofore owned by it within said proposed highway and other areas as follows: The highway known as RED FAWN ROAD as shown and designed on a certain map entitled "Map of Forestbrook at Bayview", situate at Southold, Town of Southold, Suffolk County, New York, which map was filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119. And it does release the said Town of Southold from all damages by reason of the layout of the said highway. STATE OF NEW YORK) ) COUNTY OF SUFFOLK) By II I/L,~.'-~t t,,I ll(4ic~hael Mathes~)n, Pre'dent SS. On this I ~*' day of I~ 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL MATHESON, personally known to me or proved to me on the basis of satisfactory evidence that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. KERRI A. MCCARTHY "' Notary Public/ Re/cdc/streetdedic. ation/dedica~n~l~ARY PUBLIC- STATE OF NEW YORK NO, 01-MC6045508 QUALIFIED [N SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20_/:.~ LEGAL DESCRIPTION - Red Fawn Road ALL that certain plot, piece or parcel of land with the improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as Red Fawn Road, as shown on Subdivision, "Forestbrook at Bayvew' filed in the Office of the Clerk of Suffolk County on June 15, 2004 as File No. 11119, more particularly bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of North Bayview Road, said point being situate North 73 deg. 27 min. 40 sec. West as measured along the northerly side of North Bayview Road 495.95 feet from the intersection of the northerly side of North Bayview Road and the westerly side of North Road to Bayview; RUNNING thence from said point of beginning North 73 deg. 27 min. 40 sec. West along the northerly side of North Bayview Road 100.00 feet to a monument set and Lot 6, Subdivision, "Forestbrook at Bayview'; RUNNING thence along Lot 6, Lot 5, Lot 4, Lot 3, Lot 2, and Lot 1, Subdivision, "Forestbrook at Bayview' the following nine (9) courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, North 16 deg. 32 min. 20 sec. East 117.72 feet, On the arc of a curve to the left having a radius of 714.38 feet for a distance of 247.97 feet to.a monument set, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 24.77 feet On the arc of a curve to for a distance of 301.43 On the arc of a curve to a distance of 22.44 feet On the arc of a curve to to a monument found, the right having a radius of 60.00 feet feet to a monument found, the left having a radius of 25.00 feet for to a monument found, the right having a radius of 764.38 feet for a distance of 270.15 feet to a monument set, South 16 deg. 32 min. 20 sec. West 117.72 feet, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet to the monument found at the point or place of Beginning. TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of MCM HOMES, iNC., for the Laying APPLICATION Out of a Highway in Southold, Town of Southold, Suffolk County, New York to be known as: RED FAWN ROAD To the Town Superintendent of Highways of the Town of Southold, in the County of Suffolk and State of New York; The undersigned petitioner MCM Homes, Inc., a New York corporation having it's principal business at 6 Cherry Lane, Mt. Sinai, New York 11766, as owner of Red Fawn Road, liable to be assessed for highway taxes in the Town of Southold, hereby does apply to the Town Superintendent of Highways to lay out a new highway at Southold, in the Town of Southold, County of Suffolk and State of New York as follows: 1. The highway known as Red Fawn Road as shown and designed on a certain map entitled "Map of Forestbrook at Bayview', situate at Southold, Town of Southold, Suffolk County, New York, which map was filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119; Maps of said proposed highway and other improvements have been made by Young & Young, Licensed Land Surveyors, and are annexed hereto and made a part of the application, together with a release and application to the Town of Southold by the petitioner herein, over whose property said highway is to run. By: l/ ~ ~ ~la.~a~- lXSli~hael Matheson, President STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: ~,,,~- On this }'~* day of~y, 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL MATHESON, personally known to me or proved to me on the basis of satisfactory evidence that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person or entity upon behalf of ~h}ch the individual acted, executed the instrument. KERRI A. MCCARTHY NOTARY PUBLIC- STATE OF NEW YOR,~ '~ ,~N orar ""' ~y Publi''-- *~c / Re/roadded/application NO. 01 QUALIFIED IIq SUFFCKK CO(JNTY MY COMMISSION EXPIRES 07-31-20 I TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of MCM HOMES, 1NC., for the Laying Out of New Highways in Southold, Town of Southold, Suffolk County, New York, to be known as: RED FAWN ROAD ORDER LAYING OUT HIGHWAYS WITH THE CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Town Superintendent of Highways for the Town of Southold, County of Suffolk and State of New York, for the laying out of Town highways in the said Town of Southold by MCM HOMES, INC., liable to be assessed for highway taxes in the said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owners of the land through which the proposed highways are proposed to be laid out, a copy of which is annexed hereto, and nothing having been paid to any claim for such damages; NOW, THEREFORE, I, Peter W. Harris, the Town Superintendent of Highways of the Town of Southold, County of Suffolk and State of New York, DO HEREBY DETERMINE AND ORDER that the Town highways be, and the same hereby are, laid out at Southold in the Town of Southold as follows: The highway is known as RED FAWN ROAD, as shown on a certain map entitled "Map of Forestbrook at Bayview', situate at Southold, Town of Southold, County of Suffolk and State of New York. Dated the/~ff'~day °f August' 2010' ~ ~z~, Peter W. Harris, Town Supeff~tendent of Highways, Town of Southold, County of Suffolk, New York TOWN OF SOUTHOLD: STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of MCM HOMES, INC., for the Laying Out of New Highways at Southold, Town of Southold, Suffolk County, New York, to be known as "RED FAWN ROAD" CONSENT We, the undersigned, being a majority of the Town Board of the Town of Southold, in the County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the 24th day of August, 2010, and having duly considered the application of MCM HOMES, INC. dated June 1, 2010, for the laying out of new highways at Southold, in the Town of Southold, to be known as RED FAWN ROAD, do hereby consent that such laying out be 3~3~'tic~ .Vir~ei made in acc_o~ance with said petition. 'Scott A. Russell, Supervisor -- -- ~;~f//~s~ou n c,lwom a n I[Vl.~'rTa n~o, ~ouncilman ~ophor M~albot, Councilman ~at~h A. Neville, T,~wn Clerk Peter Harris, Hwy. Super Robert I. Scott, Jr., Chairman Darline J. Duffy, Assessor Kevin W. Webster, Assessor Southold Town Hall, 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 Fax: (631) 765-1356 Telephone: (631) 765-1937 BOARD OF ASSESSORS TOWN OF SOUTHOLD May 6, 2010 Abigail A. Wickham Wickham, Bressler, Gordon & Geasa, P.C. PO Box 1424 Mattituck, NY 11953 Re: Red Fawn Road, Southold Dear Gail, Below please find the assessed value for the above referenced road: Improved properties $66,000 Unimproved properties 5,200 I hope this information will be helpful to you. Sincerely, KevinW. Webster Assessor June 1, 2010 Based on the assessment figures furnished, I compute the assessed value per mile to be well in excess of the required $40,000 per mile, as follows: KWW/cg Road length = 39.27'+ 117.72'+ 270.15'+22.44' +150.72' (1/2 of 301.43) = 600.30' 600.30 feet divided by 5,236 feet per mile = .115 mile road length Assessed value =$71,200 per .115 mile Number of pages TORRENS Serial #. Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax St~'np FEES Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) __ 'Sub Total EA-5217 (State) R,P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 500 Sub Total GRAND TOTAL Stamp Date Initials Real Pre Dist. 1000 ,erty Tax Service Agency Verification Section B lock 079.00 02.00 Lot 007.008 Satishctions/Disch~ge~Role~es ListPro)ertyOwnersMailMg Addres~ ~RF~O~ RD&RETURN'TO: Attn: To~m C~erk s or£xce ' To~nof S0uthold P.O. Box 1179 Southo~d, NY 11971 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax , 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment __ Transfer Tax Mansioi~ 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 un page # __ of this instrument, [ 6 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD I s I Title Company Information Co. Name ITitle# / ~ Suffolk County Recording & Endorsement Page This page forms part ofthe attaehed Bargain and Sale Deed wi. th Covenant (SPECIFY TYPE OF INSTRUMENT ) made by: MCI/ HOMES, INC. The premises herein is situated in SUFFOLK COUNTY, NEW YORK, TO IntheTownship of Southold l'otm OF souxuoI~,. IntheVILLAGE or HAMLET of! Southold BOXES 5 THRU 9 MUST BE TYPED O'R PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. ~ If a portion of your monthly mortgage payment included your. property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future oro~ertv tax bills. : Local property taxes are payable twice a year', on or before January 10~ and on or before May 31st. Failure to make payments in a timely fashion e0uld 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 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street · Port Jefferson, N.Y. 11777 (516) 473~0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (5 t6)749-3338 East Hampton Town Receiver of Taxe.q 300 Pantigo Place East Hamp~un, N.Y. 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99. West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Islip Town Receiver of T[axes 40 Nassau Avenue Islip,N.Y. 11751 (516) 224-5580 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 SoutholdTownRecelverofTaxes 53095Ma inRoad Southold, N.Y. 11971 (516)765-1803 dw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 1 ~1= day of~;2010 BETVVEEN MCM HOMES, INC., a New York corporation with offices at 6 Cherry Lane, Mt. Sinai, New York 11766, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal offices at 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100-($10.00)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and State of New York, known and designated as shown Red Fawn Road as shown on a certain map entitled "Map of Forestbrook at Bayview" and filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map Number 11119, being more particularly described as on Schedule "A" annexed hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated November 14, 2004, recorded in Liber 12368 page 949 in the Suffolk County Clerk's Office. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" 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: MCM HOMES,~INC.. ~ic~hael MatheSon, President Re/RoadDed/deedroad BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of Suffolk, ss: On the j '~'day of~/~,F"in the year 20'10 before me, the undersigned, personally appeared MICHAEL MATHESON 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)~cted, executed the instrument, (signa~re and (~tfrce ~"~ndividual takj~gacknowlf~dgment) KERRI 'A. MCCARTH Y NOTARY PUBLIC - STATE OF NEW YORK NO. 01.MC~)45508 QUALIFIED iN SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20 IhL- 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 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. (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of ss: On the day of , in the year 200, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(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 (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. 3810-95042 MCM HOMES, INC. TO TOWN OF SOUTHOLD SECTION 079.00 BLOCK 02.00 LOT 007°008 (~¢g~IA~:Of:~:~'"~Or, ffi~DISTAICT 1000 Record & Return To: Attn: Town Clerk's Office Town of Southold P.O. Box 1179 Southold, NY 11971 scu~ou~E "A" - Red Fawn Road ALL that certain plot, piece or parcel of land with the improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as Red Fawn Road, as shown on Subdivision, "Forestbrook at Bayvew" filed in the Office of the Clerk of Suffolk County on June 15, 2004 as File No. 11119, more particularly bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of North Bayview Road, said point being situate North 73 deg. 27 min. 40 sec. West as measured along the northerly side of North Bayview Road 495.95 feet from the intersection of the northerly side of North Bayview Road and the westerly side of North Road to Bayview; RUNNING thence from said point of beginning North 73 deg. 27 min. 40 sec. West along the northerly side of North Bayview Road 100.00 feet to a monument set and Lot 6, Subdivision, "Forestbrook at Bayview"; RUNNING thence along Lot 6, Lot 5, Lot 4, Lot 3, Lot 2, and Lot 1, Subdivision, "Forestbrook at Bayview" the following nine (9) courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, North 16 deg. 32 min. 20 sec. East 117.72 feet, On the arc of a curve to the left having a radius of 714.38 feet for a distance of 247.97 feet toa monument set, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 24.77 feet to a monument found, On the arc of a curve to the right having a radius of 60.00 feet for a distance of 301.43 feet to a monument found, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 22.44 feet to a monument found, On the arc of a curve to the right having a radius of 764.38 feet for a distance of 270.15 feet to a monument set, South 16 deg. 32 min. 20 sec. West 117.72 feet, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet to the monument found at the point or place of Beginning. TP~$84 (3/07) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording office hme stamp See Form TP~584-1. Instructions for Form TP-584, before completing this form. Please print or type. Schedule A -- Information relating to conveyance MCM Homes, Inc. Social securill number Grantor/Transferor [] Individual ~ Corporation [] Partnership [] Estate/Trust [] Other Mailing address 6 Cherry' Lane GilI State ZIP code Mt. Sinai, NY 11766 FederaJ employer ident number Social security number [] Individual Town of Southold ~ Corporation Mailing address Social securill number []Partnership P.O. Box 1179 [] Estate/Trust Cill State ZIP code Federal employer idenL number ~ Other Southold, NY 1197 l Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot 79 2 7.8 Red Fawn Road Southold Southold Suffolk Type of property conveyed (check applicable box) I [] One- to three-femily house 5 [] Commercial/Industrial 2 [] Residential cooperative 6 [] Apartment building 3 [] Residential condominium 7 [] Office building 4 [] Vacant [and 8 []Other Road Date of conveyance Pementage of real property conveyed which is residential real properly -- % (see instructions) Condition of conveyance (check all that apply) a. ~l Conveyance of fee interest b. [] Acquisition of a controlling interest (state percentage acquired. %) c. [] Transfer of a controlling interest (state percentage transferred ?/o) d. [] Conveyance to cooperative housing corporation e. r'l Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP-584.1, Schedule E) fl [] Conveyance which consists of a mere change of identify or form of ownership or organization (attach Form TP-584. I, Schedule F) g. r-i conveyance for which credit for tax previously paid will be claimed (attach Form TP-584. I, Schedule G) h. [] Conyeyanc~ of cooperative apartment{s) i. [] Syndication · [] Conveyance of air rights or development rights k. [] Contract assignment L [] Option assignment or surrender m. [] Leasehold assignment or surrender n. [] Leasehold grant o, [] Conveyance of an easement p. [] Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part I11) q. [] Conveyance of prbperty partly within and partly outside the state , For recording officer's use Amount received Schedule B., Part I $ Schedule B., Part ti $ Date received Transaction number Page 2 of 4 TP-584 (3/07) Schedule B -- Real estate transfer tax return (Tax Law, Article 31) Part ] - Computation of tax due 1 Enter amount of consideration for the conveyance (ilyou are claiming a total exemption horn tax. check Ihe exemption claimed box. enter consideration and proceed to Part III} ............................ [] Exemption claimed 2 Continuinglien deduction (see instructions if property is taken subject to mortgage or lien) ........................................ 3 Ta×ableconsideration {$ubtractline2fromtine 1) 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 5 Amountofcreditclaimed(seeinstructionsandatlachFormTP-5$4.1.ScheduleG) 6 Totai tax due* (subtract line 5 from line 4) 51 _6.t -0- Part ti - Computation of additional tax due on the conveyance of residential real property for $1 million or more 2 Taxable consideration (multiply#ne 1 bylhepercentageoltheptemise$ which~sresidentialrealproperty, a$$howningchedule A~ ... 3 Total additional transfer tax due* (multiply tine 2by 1% (.01}) ................................................................................. Part tit - Explanation of exemption claimed on Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) .............................................................................................................................................. a b. Conveyance is to secure a debt or other obligation ............................................................................................................................ b c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................... c d. Conveyance of real proper~ is without consideration and not in connection with a sale, including conveyances conveying realty es bona fide gifts ....................................................................................................................................................................... d e. Conveyance is given in connection with a tax sale ............................................................................................................................. e f. Conveyance is a mere change pf identity or form of ownership or organization where there is no change in ber]eficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedu e F .................................................. f g. Conveyance consists of deed of partition., ......................................................................................................................................... g h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................. h [] [] [] L Conveyance consists of the execution of a contract to sell real propertY, without the use or occupancy of such property, or the granting of an option to purchase real property, without the use or occupancy of such property ................................................. j. Conveyance of an option or contract to pumhase real property with the use or occupancy of such property whera the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual res[derdial cooperative apartment ....................................................................................................................................... k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents supporting such claim) ........................................................................................................................................................................... k L Other (attach explanation) ..................................................................................................................................................................... ] *Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(e) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NYS Department of Taxation and Finance, diractly to the NYS Tax Department, RE-CI' Return Processing, PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TP-584 (3/07) Schedule C -- Credit Line Mortgage Certificate (Tax Law, Article 11) Complete the following only if the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) 1. [] The real property befog sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: ]The transfer of real property is a transfer of a fee simple interest fo a person or persons who held a fee simpte interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. ~-j The transfer of real property is (A) to a person or persons re~ated by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for tile benefit of the transferor). b~The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. [] The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six4amily owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3.000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation). 3. [] The real property being transferred is presently subject to an outstanding credit line mortgage. Hawever, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert libor and page or reel or other identification of the modgage). The maximum principal amount of debt or obligation secured by the mortgage is . No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York CIO4, make check payable to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return, cedification, schedule, or attachment, is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to receive a copy fo/~purp, p_ses~of ~cor~ng the deed or other instrument effecting the conveyance. Tom oF SO .OLD By: II~~ President By: ~ Reminder: Did you complete ali of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP-584.17 Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance?. If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RE'Pr Return Processing, PO Box 5045, Albany NY 12205-5045. Page 4 of 4 TP-584 (3/07) Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663 Complete the following only if a fee simple interest or a cooperative unit is being transferred Dy an individual or estate or trust. Part ! - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-564), you must sign the certification below. It one or more transferors/sellers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided, if more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a resident of NewYork State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real propert~ Signak~r[~,~ , /~ * ~'~/~-~J.,,L~'% PrinHull name MCM ~[omes, inc., by Date ~/~, Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part D - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but ara not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the appropriate exemption below. If any one of the exemptions below applies to the trensferor(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transterors/sellers. If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personal income tax, on page I of Form TP-584-]. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: [] The real property or cooperative unit being sold or transferred qualifies in total as the transferofs/selleCs principal residence (within the meaning of Internal Revenue Code, section 121) from to. (see instructions). Date Date [] The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. [] The transferor or transferee is an agency or authority of the United States of Amedca, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Signalure Prinl tull name Date Signature Print full name Date Signature Print tull name Date Signature Print full name Date Peconic Bay Region Community Preservation Fund Proceeds ogthi~ tranafer tax are diabur~d to the Townships b which the tran~action takes pla~e for i~ acquisition of land, dev~opment rights, and other Interest~ in property for con~,n~atlon purposes. Plms~ .m~nt or type. Schedule A Information Relating to Conveyance Townships: East Hampton Riverhead Shelter ~tl~nd ~outhmpton Southold ~'I Pattnerahip t-10thx J~ Individual [] Parmemhip Nm~Mividnnl;l~,fir~githl) MCMiHome$, Inc. 6 Cherry Lane Ci~ S~e ZIP Mt.iSinai, NY 11766 Town of Southold Mailingadflr-~,a P.O~ Box 1179 CiW . State ZIPc~ Sou~hold~ NY 11971 · T~ map d~isna~on 4 Diat ~ B]o~ i Lot [ Red Fawn Road Southold Southo~d 1000 79 2 7.8 f. - Conveyance which consists ora rm~e clma~ of idmfity o~ from of ownerah/p or g. - Canvcysnm t'or whlch medlt (or rex I~ - .eldav~g~of a~ratlw alammm~a) i. J. - ~om~-~m:~ of'air righm or dm~lolm~mt Sc.hP. dtlI¢ B - Commal~ty Pl~afioll Fund Part I - Cvalatatio~ of Tax Duc 1. Enter amount of ~mi~n fpr ~ ~v~ (~ ~e 1 ~ ~o B) ~ ~ (s~ ~low) 3. T~b~ ~id~ (~ ~ 2 ~ llne 1) 4. 2% ~ ~fion F~ (~e 3) ~-~- ~ ~p~abl~ m ~F~LK CO~ CL~ 5. ~ ~t subj~t ~ ~ T~ ~S~ ~o ~ For rm:ording officcPs u~ East Hampton Shelter Island Southamptoa Rivechead Southold Date xeceiwd $25o,oo0.oo Improved $250,000.00 ;b~omved S7.50,00~.00 1*reproved $100,000.00 V~t'~t Laad (Unimproved) $1OO,OOO O0 Vaea~ r.Afld $1OO,0OO.00 V~t~nt I'~ (UnimpfOved) $150,00p.00/wproved $150,00~.00 Im proved 73,000.00 Vacant f and (Unim.moyed) 75,000.00 Vacant Land (Unimpeov~l) ITransaction ntm~e~ ~ I ]Pm !1- Exp~.~on of Exemption Claimed in P~ I, Une I (check any ~ flint apply) a~endes or political subdivisions (or any public c0q~waflon, Indudlng a public corperatlcm creal~d pursuant to agreement or c~mpact wr& another state or Canada) b. Co~,yance is m secure a debt or olfier obligation o. Cofivey~c~ i~ wid~mt add~fiona~ consideratiee to conflm% con~c~ n~xlify o~ sup?~'~t a ~ c~rveya~c~ Ce~vc-yanee! of ~ pn~m~y m v~tbout cons~de~almu nnd not m c,~necfion vath a sale, ~n~l~ding conveyan~ ~onv~tng realty as bona fide 9lfi~ ~Co weyan~e Is mere cimng~ o~idenfity ~ form ofownm-~lp ~r o~on wh~ ~ b no ~ ~ ~ ~. c~ ,,,~edwe.i-g or dwellings.) ~. Co weyance comlsts of deed of pa~tlon h. Conveyance is given punuant to the federal bankruptcy act ~. C ~e~veyance ~ of tho executm~ o£a contn~t to sell tea~ propeaty w~out the us~ or occupancy o£su~h v~crty m the gr~ntlng of an option to purchase real property vdthout 1~e use or occupancy of such property j. C~. ~ ~r ~d ps~,~ty wl~clt ts subJect to n~zt,'~,~n~ which pml~t t~o ~ o~ ~ H~ ~ ~y ~ =e~reqt agdculture, recreation or conservation, pursuant to Section 144g.ee (2) 0) or (k) of A~kle 31-D of the Tax Law. uked Town approval, below) .c~pmatJon operated fm consen~ation, environmental, or historic pmsewaOon puq0oses. Ob~er list explanations In space below (Grandfatt~'/Contract) m. Cx~yanee of real property as a pdmmy reskJence whae the grantee ts a first-time homebuyer (a,~'~ed approved application) n. C~n~ veyance of mai property to a tax e~empt, not-for-pratt coqx~ratkm for the puq0ose of providing affordable housing. r o. Th~ conveyance Is approved for an exemption from the Comm unity Preservation Transfer Tax, under Set,on 14~ :: of A~¢le 3 I.D of I~e Ta~ law. (Seej in ~C') [] [] [] [] [] [] [] [] [] [] [] [] Penalties . intent is to I~e best of~s/bcr PLEASE TYPE OR PRESS FIRMLY WHEN VVRITING ON FORM. INSTRUCTIONS: http:l~Nw.orps.state.ny.us or PHONE (518) 474-6450 'FO~ COUNTY USE ONLY Cl. SWIS Code I i i I I i C2. Date Deed Recorded I uocth (/ Oay / Year C3. Book I I I I II C4.Page I I I l FRO.ER ,.FO T,O. I 1. Property I Red Fawn Road REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES RP - 5217 2. Buyer Name 3. Tax Billing Address Southold [ Southold Cl~ OR TOWN VIL~GE Town of Southold LAST NAME ! COMPANY FIRST NAME I I [J~ST NAME I COMPANY FIRST NAME Indicate where f~ture Tax Bills am to be sent if other than buyer address (at bottom of form) I LAST NAME / COMPANY I STREET NUMBER AND STREET NAME CITY OR TOWN FIRST NAME I 11971 2~p CODE 4. Indicate the number of Assessment Roll parcels transferred on the deed I 5. Deed Property Size 6. Seller I Name Ixl FRONT FEET DEPTH , · I # of Parcels OR I I Part of a Parcel JORI ..... 7.5 I ACRES (Only if Part of a Parcel) ~ as they appl~ 4A. Planning Board with Subdivision Authority Exists [] 48. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] MCMHomes, Inc. LAST NAME / COMPANY FIRST NAME LAST NAME I COMPANY FIRST NAME 7. Check the box below which most accurately describes the use of the proper[7 at the time of sale: A[] One Family Residential E [] Agricultural B ~ 2 or 3 Family Residential F ~ Commercial C[~ Residential Vacant Land O[~ Apartment DLJ Non-Residential Vacant Land HL_] Entertainment/Amusement SALE INFORMATION ~ .. s,,o Contr,st Dat, I ------~-- .... -/---- Month Day Year 12. Date of Sale / Transfer I ~ / [ /~o I Month Day Year 18. ProperW Class Community Service Industrial Public Service Forest 13. Full Sale Price I , , , , , , , ,0 , O, 0 I (Full Bale Price is the total amount paid for the properW including personal property. This payment may be in the form of cash, other property or goods, or the assumption of mortgages or other obligations,) Pleasa round to the ~earest whole dollar amou~t, 14.1ndicate the value of personal I ~ I ~ , I I O, 0 , 0 I property included in the sale ~1 ~ · ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll f~om 109/~ 10 I 17. Total Assessed Value,(of all parcels in transfer) I which information taken ' I 6, 9, 21-I I m. Schoo~mot~otNam, I Southold -School. Dtstr$ct Check the boxes below as they apply: 8. Ownership Type is Condominium 9. New Construction on Vacant Land [] 10A. Property Located within an Agricultural District [] lOB. Buyer received a disclosure notice indicating that the property is in an Agricultural Oistrict 15. Che~( one or n~re of these cond~fons as applicable to transfer. A Sale Between Relatives or Former Relatives B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller D Buyer or Seller is Government Agency or Lending Institutlon Deed Type not Warranty or Bargain and Sale {Specify Below) F Sale of Fractional or Less than Fee Interest (Specify Below) Significant Change in Prope~y Between Taxable Status and Bale Dates Sale of Business is Included in Sale Price I Other Unusual Factors Affecting Sale Price (Spec~y Below) I ,0, 0I , , ½ 20. Tax Map Identifier(s) / Roll Identifier(s) (R more than four, attach sheet with addi~onal identBi~{s)) I 1000-79-2-7.8 I r I I I CERTIFICATION I I certify that all of the items of information entered on this form are true and correct (to the best of my knowledge and belief) and I understand that the making TOWN OF SOUTHOLD BUYER By: STREET NUMBER / S~EET NAME (~ER SALE) SELLER BUYER'S AI'rORNEY NEW YORK STATE COPY CHICAGO TITLE INSURANCE COMPANY STREET DEDICATION SEARCH TITLE NO.: 3810-95042 CHICAGO TITLE INSURANCE COMPAEX CERTIFIES THAT IT HAS EXAMINED TITLE TO LAND IN THE BEDS OF: RED FAWN ROAD ALL AS SHOWN ~ SET FORTH ON A CERTAIN MAP ENTITLED, "MAP OF FORESTBROOK AT BAY-VIEW" A/~D FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JUNE 15, 2004 AS MAP NUMBER 11119. CHICAGO TITLE INSURANCE COMPANX FURTHER CERTIFIES THAT TITLE TO LANDS IN THE BEDS OF: RED FAWN ROAD CAN BE DEDICATED BY: MCM HOMES INC. SUBJECT, HOWEVER TO MORTGAGES HELD BY: NONE THE FOREGOING CERTIFICATION IS MADE FOR THE PURPOSE OF DEDICATION TO TOWN OF SOUTHOLD. THE LIMIT OF LIABILITY UNDER THIS CERTIFICATE, FOR ANY REASON WHATSOEVER, WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED $1,000.00, AND SHALL BE CONFINED TO THE APPLICANT TO WHOM THIS CERTIFICATE IS ADDRESSED. DATED: 03/18/10 CEICA~O TITLE INSURANCE COMPANY CATHARINE KING VICE PRESIDENT 901 HAST MAIN STREET, STE. 500 RIVERHBAD, NEW YORK 11901 (631) 284-2433 - STREET DEDICATION - Title No.: 3810-95042 TICOR TITLE INSURANCE COMPANY LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS RED FAWN ROAD AS SHOWN ON A CERTAIN MAP ENTITLED "NAP OF FORESTBROOK AT BAYVIEW" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JUNE 15, 2004 AS MAP NUMBER 11119. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 079.00 BLOCK 02.00 LOT 007.008 -LEGAL DESCRIPTION- REALTY SER VICE Co P.O. BOX $9$ RIVERH'E.4D, N.Y. 11901 (631) 208-0105 ISUFFOLK COUNTY, NY TAX SEARCH} TITLE NO: 381095042 DATE: 6/8/2010 VILLAGE: SOUTHOLD SCH DIST NO: 5 TOWN: SOUTHOLD SCH DIST NAME: SOUTHOLD ASSESSED OWNER: MCM HOIVl~S INC PHYSICAL ADDRESS: RED DAWN RD, SOUTHOLD TAX MAP NO. 1000-079.00-02.00-007.008 PROPERTY CLASS: 692 PREMISES: M/OFORESTBROOKATBAYVIEW #11119 ROAD ITEM NO: NONE Note: CONTINUATION INCORP: No MUNIC WTR: YES Sewer usage charges am not included in tax reports. Some of the returns may have been paid but not officially posted. Receipts for such items should be produced on closing. Exemptions if shown hereon am not applicable to school taxes. Such exemptions apply only to Town and/or Village taxes. Exemption affects Town tax only as to part thereof. YEAR RETURN TOTAL TAX DATE PAID SIZE ASSD VALUE 2009/2010 PMD FULL $101.10 5/26/10 5/26/10 .75AC 100/100 PRIOR PAID EXEMPTIONS INC VILLAGE VILlaGE TAX: NONE RETURN COMMENTS NONE Tax year covers Dec. lst thru Nov.30th Total tax becomes a lien due Dec. 1st. Last date to pay 1st ~/2 tax without penalty Jan. 10th. Last date to pay 2nd 1/2 tax without panaity May 31st. 381271 7.6 7 .i 2.5~ 2.5A In the Matter of the Dedication of RED FAWN ROAD At Southold, Town of Southold, Suffolk County, New York, OFFER OF DEDICATION OF HIGHWAY TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD and THE SUPERINTENDENT OF HIGHWAYS: The undersigned, owner of land in the Town of Southold, assessable for highway taxes therein, hereby irrevocably offers to dedicate, release and convey to the Town of Southold and its successors forever, for the laying out and taking into the Town Highway System of the Town of Southold for highway purposes, the following lands: RED FAWN ROAD, as shown on "Map of Forestbrook at Bayview", situate at Southold, Town of Southold, Suffolk County, New York, which map was filed in Office of the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119 (the "Road"), the Road as laid out being more particularly bounded and described in Schedule "A" annexed hereto and made a part hereof. AND the undersigned further agrees to build and complete said roadway in accordance with the requirements of the Planning Board and the regulations of the Highway Department prior to expiration of the Performance Bond posted by the undersigned in connection with the approval of the subdivision. AND SUBJECT to final approval of the subdivision and acceptance of the Town Board of the Town of Southold of said roadway by the undersigned in accordance with its highway regulations. Michael Mathegon, President STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: On Iv~ ~ , in the year 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL MATHESON, personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. re/roadded/roadofi~ KERRI A. MCCARTHY NOTARY PUBLIC - STATE OF NEW Y~K NO 01-M~5~ ~ALIFIED Iff SUFFOLK LEGAL DESCP~PTIO[~ - Red Fawn Road ALL that certain plot, piece or parcel of land with the improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as Red Fawn Road, as shown on Subdivision, "Forestbrook at Bayvew' filed in the Office of the Clerk of Suffolk County on June 15, 2004 as File No. 11119, more particularly bounded and described as follows: BEGINNING at a point marked by a monument found on the northerly side of North Bayview Road, said point being situate North 73 deg. 27 min. 40 sec. West as measured along the northerly side of North Bayview Road 495.95 feet from the intersection of the northerly side of North Bayview Road and the westerly side of North Road to Bayview; RUNNING thence from said point of beginning North 73 deg. 27 min. 40 sec. West along the northerly side of North Bayview Road 100.00 feet to a monument set and Lot 6, Subdivision, "Forestbrook at Bayview'; RUNNING thence along Lot 6, Lot 5, Lot 4, Lot 3, Lot 2, and Lot 1, Subdivision, "Forestbrook at Bayview' the following nine (9) courses and distances: 2. 3. 4. 5. 6. 7. 8. 9. On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, North 16 deg. 32 min. 20 sec. East 117.72 feet, ' On the arc of a curve to the left having a radius of 714.38 feet for a distance of 247.97 feet to.a monument set, On the arc of a curve to the left having a radius of 25.00 feet for a distance o.f 24.77 feet On the arc of a curve to for a distance of 301.43 On the arc of a curve to a distance of 22.44 feet On the arc of a curve to to a monument found, the right having a radius of 60.00 feet feet to a monument found, the left having a radius of 25.00 feet for to a monument found, the right having a radius of 764.38 feet for a distance of 270.15 feet to a monument set, South 16 deg. 32 min. 20 sec. West 117.72 feet, On the arc of a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet to the monument found at the point or place of Beginning. Tl~ IN N Cubdfvi~fon - "For'¢e'cb2rook crc ~,=2~.00' L:24.7~' ~-=2~.00' ~-=22.44' Lo'~ 2 "~oc¢etbnook ot Bo~vf¢~" Lot: I ~ubcilvlelon - ~,: 2~.00 h E ,.%ITE ~ATA ~UP. VEY'OP.'~ C;~TIFIC. ATION ~Of~tt~f~O0~ At o~. ~,~vi~, 'Fo~n of: ~ou~:hold A¢-BUILT ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FIgEEI)OM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~Lx (631) 765-6145 Telephone/631) 765-1800 sour holdtown.northfbrk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Attorney Martin D. Finnegan From: Town Clerk Elizabeth A. Neville Re: Road Dedication: Red Fawn Road "Map of Forestbrook at Bayview' SCTM#1000-79-2-7.8 Date: July 19, 2010 Enclosed please find road deciation documents for the above referenced subdivision received by my office on July 14, 2010. § 161-49 SOUTHOLD CODE § 161-49 Dedication papers shall be sabmitted to the Town Clerk and shall include: (1) A duly acknowledged dedication and release, togcther with the required County Clerk's recording fees, if any. (2) A survey map of the property, which shall show the actual location of the highway area within the highway right-of-way and a metes and bounds description of the right-of-way. (3) An abstract of title certified to the Town Board by a reputable title company. (4) A bargain and sale deed with covenant against grantor's acts in the proper form for recording in thc Connty Clerk's office. (5) Six sets of plans which demonstrate that the roads are in conformance with highway specifications as set forth in Chapter 161 of the Code of the Town of Southold. B. Upon receiving all of the aforesaid dedication papers, the Town Clerk shall refer the papers to the Town Attorney for review. C. When the Town Attorney deems the papers to be in proper legal form, he shall so notify thc Town Clerk and forward the papers to the Superintendent of Highways. D. The Superintendent of Highways shall ask the Town Engineer to conduct an inspection of the road to be dedicated, the costs of which are to be assumed by applicant. The Town Engineer shall submit a written inspection report. The report shall itemize any work that remains to be completed in order to bring the road tip to Town highway specifications. E. The Town Engineer's report shall be submitted to the Highway Superintendent for his review. F. If fltrther work is needed to bring the road up to specifications, the Highway Superintendent shall so notify the applicant, in writing, with a copy to thc Town Clerk. G. After thc work is deemed complete by the Highway Snperintendent, he shall advise, in writing, the Town Clerk to submit the dedication papers to the Town Board for acceptance at its next regularly scheduled meeting. H. Thc name of such highway may be proposed by the owner or owners of property dedicating such highway, but the proposed name shall be subject to thc approval of the Town Board and the Planning Board, primarily, to avoid duplication. 1. Before any highway shall be accepted by the Town of Southold as a Town highway by dedication, the assessed value of the buildings and stmclures on the land on both sides of such highway, as shown on thc current tax roll of the Town of Southold, shall have an assessed value of not less than $40,000 per mile proportioned at that rate if more or less than a mile. ] 61:26 o5 - 01 - 2006 § 161-46 HIGHWAY SPECIFICATIONS § 161-49 Conduit shall be installed directly behind the curb where applicable or in the most direct route as specified by the Engineer and installed 24 inches below grade. Such conduit shall extend a minimum of six inches beyond the edge of any paved area as specified above. Streetlights to be installed on existing utility poles located on existing Town property at all new intersections created by the subdivision shall be the developer's responsibility. All required Long Island Lighting Company permits, as well as coordination and installation, shall be obtained and provided by the developer. The installation shall be approximately 25 feet above finish grade and shall meet all the requirements of the Long Island Lighting Company. Fixture type shall be Cobra Head with fifty-, seventy-five-or one-hundred-fifty-watt high-pressure sodium as directed and approved by the Commissioner of Public Works and the Superintendent of Highways. The remaining assembly shall be an eight-foot arm with rubber bushing and grounding lug. Risers shall be Schedule 80, three-fourths-inch PVC. Wire shall be RHW-USE or RHH-USE with a minimum gauge of AWG No. 8. The new lighting fixture shall be set perpendicular to thc new street and shed light in the direction paralleI to the existing Town road or through street. The power supplied to lights on existing utility poles in existing Town rights-of way shall be the responsibility of the Town of Southold. [Amended 6-7-2005 by L.L. No. 9-2005] M. All power supplied to the new lighting systems shall be the responsibility of the developer or housing association nntil such time that thc roads and power systems have been dedicated to and accepted by the Town of Southold. § 161-47. Alterations or modifications to specifications. Whenever, in the opinion of the Superintendent of Highways, he finds that, for the best interest of thc Town, alterations or modifications should be made to specifications, rules and regulations, such alterations or modifications may be made on the recommendation of the Superintendent of Highways to and with the approval of the Town Board. § 161-48. Inspection of work. Any work done on any highway without notifying the Superintendent of Highways or his inspector and done with no inspector present will be considered unacceptable and subject to review by the Inspector and the Superintendent of Highways. ARTICLE IV Fin.'fl Dedication of Roads § 161-49. Procedure. If dedication of a road is being offered at some point in time after the performance bond has been released, this procedure should be followed: 161:25 05 - 01 - 2006 SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, HEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.RICHTER~TOWN.SOUTHOLD.NY.U S OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin Finnegan Town Attomey Town Hall, 53095 Main Road Southold, New York 11971 August11,2010 Re: FORESTBROOK@BAYVIEW SCTM #:1000-79-2-7 Dear Mr. Finnegan: As per a request from your office, I have re-inspected the road system for the above referenced subdivision. All of the required subdivision construction items have been completed in a satisfactory manner. All concrete survey monuments have been installed and the Fire Well has received the final approvals from the local fire commissioners. Please consider this report to be a confirmation of my Final Report dated March 15, 2010. If you have any questions regarding this final report, please contact my office. AIJG 1 2 2010 fifes A. Richter, R.A. Fice of the Engineer SCOTT A. RUSSELL R.A. SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)- 765 - 9015 JAMES A. RICHTER, ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.RICHTER(~TOWN.SOUTHOLD.N Y.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 March 15, 2010 Re: FORESTBROOK @ BAYVIEW SCTM #: 1000-79-2-7 Final Inspection - May 16, 2006 Dear Mr. $idor: As per a request from your office, I have reviewed my construction inspection reports for the above referenced subdivision. My files would indicate that the Surveyors were on site installing concrete survey monuments on 5/16~06. At that time, all of the required drainage and road construction items listed in the Bond Estimate were complete with the exception of several concrete survey monuments and a Fire Well. This date, May 16, 2006, was considered to be the date of substantial completion and my Final Inspection. At a recent field inspection, it was apparent that some of the survey monuments were never installed on the day of my final inspection. I have recently been in contact with the Engineers / Surveyors for this project and they informed me that they are in the process of preparing "As-Built" plans for submission to the Planning Board. They also informed me that they will be setting the remaining monuments as part of this process. At this time, the street trees and landscaping of the road shoulder areas all appear to be healthy and meet the minimum requirements of Town Code. The only outstanding construction item remaining at this time is the installation of the Fire Well. This Well will require the testing and approval of the Southold Fire Commissioners prior to final acceptance. If you have any questions regarding this final report, please contact my office. Sincerely, 2010 James A. Richter, R.A. SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK I 1971 Tel. (631) - 765 = 1560 JAMIE.R1CHTER~TOWN.SOUTHOD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin Finnegan Town Attomey Town Hall, 53095 Main Road Southold, NewYork 11971 August 12, 2010 Re: FORESTBROOK @ BAYVIEW SCTM #: 1000-79-2-7 Dear Mr. Finnegan: As per a request from your office, I have reviewed the Legal Description for the dedication of the road & drainage systems for the above referenced subdivision. The Description provided is accurate and meets the minimum requirements for dedication. If you have any questions regarding this approval, please contact .my office. ichte~. e Engineer CHICAGO TITLE INSURANCE COMPANY STREET DEDICATION SEARCH TITLE NO.: 3810-95042 CHICAGO TITLE INSURANCE COMPAN~ CERTIFIES THAT IT HAS EXAMINED TITLE TO LAND IN THE BEDS OF: RED FAWN ROAD ALL AS SHOWN AND SET FORTH ON A CERTAIN MAP ENTITLED, "MAP OF FORESTBROOK AT BAYVIEW" AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK.ON JUNE 15, 2004 AS MAP NUMBER 11119. CHICAC-O TITLE INSURANCE COMPANX FURTHER CERTIFIES THAT TITLE TO LANDS IN THE BEDS OF: RED FAWN ROAD CAN BE DEDICATED BY: MCM HOMES INC. SUBJECT, HOWEVER TO MORTGAGES HELD BY: NONE THE FOREGOING CERTIFICATION IS MADE FOR THE PURPOSE OF DEDICATION TO TOWN OF SOUTHOLD. THE LIMIT OF LIABILITY UNDER THIS CERTIFICATE, FOR ANY REASON WHATSOEVER, WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED $1,000.00, AND SHALL BE CONFINED TO THE APPLICANT TO WHOM THIS CERTIFICATE IS ADDRESSED. DATED: 03/18/10 CHICAGO TITLE INSURANCE COMPANY CATHARINE KING VICE PRESIDENT 901 HAST MAIN STREET, STE. 500 RIVERHEAD, N~W YORK 11901 (631) 284-2433 - STREET DEDICATION - JUL 22 2010 15:53 FR CHICAGO TITLE INS C014 684 3664 TO ?656639 P.03×06 I IIIIIlllllll llllllllllllllllllllllllllllllllilllll SUFFOLK COUNTY C~'ERK RECORD~ OFFZCE RECORDING PAQE Becelpt Number , 0S-OO1133S TRANSFER TAX I~M~HR: 04-26786 10oo Deed Am~unt: LIBBR~ PAGE: 079.00 02 · 00 ~AMIN~ AND C~R~D AS F0~L~H $0.00 Ol/31/2oo5 o3z3E:29 PM D00012368 949 LO~ ~ 007.008 Received ~ho Following Fee~ For Above Inat~u~en= ~xe~t Pige/F~l~n~ $9.00 NO H~udl~ng COR SS.00 ~O N~S SRCHG EA-CTY $~.00 NO AA-STATE TP-$84 S5.00 NO Ce~.Cop~es RPT $30,00 NO OffAl( TranofeE ~o~ $0.00 No Conn. Preo Yeeo Pa~d %o NOT A BILL ~dv~Td p. Romaine $5.00 $15,00 $165.00 $5.00 $0.00 $0.00 $244.00 County Clerk, 8uf£olk County NO No NO NO NO JUL 22 2010 15:53 FR CHICAGO TITLE INS C014 Nam~r o[ Faits TORRENS Snr~ # Pdor ¢~r. ** Deed I Mon~,,le InstrUment EA-~2 17 (~my) ,~__ Sub'mi _ Affidavi~ Reg. C~y Gr~d Total ,Ocli I Mofl~gc T~x Stamp 684 3664 TO 7656639 Recording I filing S~mi~ MofleeJo Amt. l_ Buic Tax 2. Additional Tax 3ub ~. ~G. TAX ~ ~wn Dual County __ Held ~or Ap~i~tmem ~ ~e pm~ny eovo~d by ~b mon~Aie is or will ~ impmv~ by ~ one or ~wo .family ~elling only, ~f NO, ~ appmp~a~e ~ el~u~ on d 0200 O0?OOg Real Tax Sc~ice Aeoncy Verification 6 Sadsfaedont,/Di~ltarge~/Relcases Ut~ Property Ownml Marlin ,~ommun. ity Presen,~tton C~'nuideratiot; Amount CPF Tax Due S Impmvad =n,L.fld ~ ~D ~-~ , ,..-., 17 I 'faUn Company Info _r~atL,:,n ' ' .' Suffolk Co nt cordiag & dor emeat Pa e ~s page forms p~ o[ Ibc =itched ~ mad (~Ec~ ~PE OF I~STRUME~J , e by: TO '" i~ ~e Tow~hip of ~~ o~ HAM~ 0f ~ . BO~Es 6 T~RU ~ MUST BE TYP~ OR. PRIN~D ~ B~CK NK ONLY P~OR ~ RECORDING OR (OVer) P.04/06 2010 15:53 FR CHICAGO TITLE INS C014 684 3GG4 TO 7656639 J&C HOLDINGS, LP, a New Yo~ Ilmit~ padnershlp with otria~ ~t ~ ~ R~. ~. N~Yo~ 11071. JOHN ~ HURTADO, 8~, ~ldl~ ~ ~ L~ R~ ~lO, N~ T~ 11971, and JOHN C HURTA~. d~ msl~ ~ 21 ~or A~n~, &L J~, N~ Yo~ 117~. ~ of the fi~ ~, end P.05/06 MCM HOMES, IN¢... New York corporation ~ ofltcea al 8 Cherry Lane, MI. Sinai. New Yo~ 1'~76e, party of me second pan. WTTNGGSETH, that the patty of the fl~t pa~, In c~n~,on of Ton and 00H00-{$10.OO)-Dollant, md oth~r goorl and valuable considerate paid by tim party of the sasand pen, doe~ hem~ grant and release unto the party of the sacund part. the heirs or successom ~ assigns of 1he party of the saeo~d pad forever, ~ALL that oena~n p{ot. piece or i~sal of lead, ~uate, ~n9 and paing k~ the T°wn of 8outhold. County of surfeit{ end State of New YOlk, ~ an Red Fawn Road on 'l~p of Pon~Rbrook at Bayview' G~uthokl, New Yod~, and tiled in the Office of the Clerk of the Coun~y~ of Buffoa{ on June 15, 2~ ~ MaP N~r 11tt9,~_ The pm~y of the ~e~ond I~1 hereby accmdence w~th the Agreement ~ Road Dedlsatim d~ted October 6, ~ and requirements of the Town of 8outheld, Reaerving to the pa,y of the lirst part the dgN to dedicate the mad to the Tm ol 8outhald TOGETHER vaih the appurte~ance~ end aa the eelate and dgh~ of the polly of the first part In and m said promises; TO HAVE AND TO HOLD the pmml~es herei~ granted unto the party o! 'dne r, econa pan. rna heirs or Sucsasaom anti aeelgrm AND the party of the first pan savenana ~ ma .~.ny at the ~ ~rt ban not.done, or s~.?rad anyming ~emt>y em said i~emisaa have been encumoema m any w~y ~natever. excelx aa momsma. AND the party of [~ha flt~t ~ in b'le first part will geeeive the ~onslder'~ for INa conveyanc~ and will hold the light lo resolve such ce~emtlan aa a trust fund to be applied first for ~he pu~ of pa~ng the e. oat af ~ improvement end 41 apply the same first to the payment of the cost of the Improvement before using any par af the total of the same rot any other puq~ose. The word 'party' ehell I~e construed se If it read 'parties' whenever the ~en~e of thl6 indenture aa re~uire,~. IN WITNESS WHEREOF, the party e! the t~rst part has duly ex~cated th!s deed Ihe day ~ year .hove WTRton. IN PRE~ENCE OF: Pmml~elH u~o~de~dn~d d&C HOLDINGS, LP By: Ma Tine, Ina., General Partner JUL 22 2010 15:53 FR CHICAGO TITLE INS C014 684 3664 TO ?656630 (~nWm e~l omce of individual taPcO Kl(noMedgmen~ Stem (or Dlltz~t o! Ooiumbll~. Tern'tory, or Fondgn Cou(dq) ot' County M. u: OnCe doya! . h~ ~le),~gz 200. bofo(e me. the umlerslgned, pett~ne~ ~lppeemd BARGNN AND SALE DEED WITH COYEN/~IT AEIAIN~T GII~N~OII'S ACT8 TIUe No, J&C HOLDINGS, LP, JOHN / HURTADO, SR- AND JOHN L. HURTADRO, JR, MCM HOMES, INC. SECTION BLOCK LOT COUNTY OR TOWN ' Recmd & Relum To:, P.06/06 TOTAL PAGE.OG **