Loading...
HomeMy WebLinkAbout1000-74.-3-16CC #: C10-23358 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on06/2512010 under Liber D00012628 and Page 943 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0612512010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. REC:ORL:,ED 2010 5un 25 11:i3:34 ~.I'! JUDITH P,. Pfl6OflLE CLE'K OF SUFFOLK COUNTY F' 94: Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES ~ Mortgage Amt. 1. Basic Tax Page / Filing Fee Handling 2. Additional Tax ~ub Total Spec./Assit or Spec./Add. TOT, MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only, YES or NO If NO, see appropriate tax clause on page # __ of this instrument. ~ / u 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ 20. O0 TP-584 Notation EA-S2 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit NYS Surcharge Other 4 I Dist. Real Property Tax Service Agency Verification 5. 00 15. O0 Sub Total Grand Total 1000 07400 0300 016000 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLDNY 11971 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Improved. VacantLand TD TD TD 7 J Title Company Information Co. Name O?'IC ~ F"'~t-.,~ Suffolk County Recording & Endorsement Page This page forms part of the attached by: ROBERT ADIPIETRO AND PATRICK ADIP1ETRO DECLARATION AND COVENANT SOUTHOLD TOWN made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In theVILLAGE or HAMLETof PECON1C BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 8 Receipt Number : 10-0074717 District: 1000 Recorded: At: 06/25/2010 11:13:34 AM Page/Filing COE TP-584 Cert. Copies LIBER: D00012628 PAGE: 943 Section: Block: Lot: 074.00 03.00 016.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt $40.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $115.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ~LAP~TION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the 21~ day of May, 2010 by ROBERT ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, the property is zoned Hamlet Business which permits listed commercial uses on each lot, however, on lots 2 and 3 the uses are limited to single family dwelling with one accessory apartment per dwelling, with a common driveway. WHEREAS, for and in consideration of the granting of subdivision application entitled, '~Final Plat Standard Subdivision of Robert & Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLA3LANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (1) Lots 2 and 3 shall be restricted to one single family dwelling per lot, and one accessory apartment per dwelling. (2) All parking areas and the common driveway shall be constructed of pervious materials. To preserve the unique historic character and street scape of the Peconic Hamlet Center there shall be a 25' (twenty-five foot) front landscaped area along Peconic Lane so that any parking area along Peconic Lane will be screened with plantings to limit view of the parking area from Peconic Lane. (3) Fifteen (15) foot vegetated buffer area shall be established on lots 2 and 3 as follows: a. On lot 2 the buffer shall be established along the following metes and bounds: Along the northerly line of lot 2, beginning at North 43 degrees 29 minutes 00 seconds east for 272.97 feet then along easterly line of lot 2 running north 40 degrees 01 minutes 00 seconds east, 126.72 as shown on the filed plat. b. On lot 3, the vegetated buffer shall be established along the following metes and bounds: North 44 degrees 30 minutes west 84 feet; thence South 47 degrees 32 minutes 00 seconds West 285.61 feet; thence southeasterly 40 degrees 01 minutes 00 seconds East 112.71 feet to the lot line as shown on the filed plat. The 15 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of weeds and invasive vines, removal of dead, diseased trees that are hazardous to life or property and may be supplemented with plantings of native and drought tolerant plants from the Southold Town Planning Board Native/Natural Buffer Plantings Specifications. (4) The declarant shall install on lot 1 a landscape buffer between the northern property and the common driveway along the following metes and bounds: North 43 degrees 29 minutes 00 seconds East for a distance of 193.28 feet. Within said buffer on lot 1, a six foot stockade fence shall be erected and maintained with a row of evergreen shrubs along the south of the fence to achieve additional screening. The declarant shall guarantee survival of the planted vegetation for a period of three (3) years from installation (5) The use of synthetic herbicides, pesticides and fertilizers on Lots 1, 2 and 3 is prohibited. (6)There shall be no changes to any lot lines without Planning Board approval. (7)Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code all storm water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner; (8)Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System; (9)Clearing limits for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code. Lot 2 is 29,076 square feet, therefore clearing of Lot 2 is restricted to 60 % of the total lot area. Lot 3 is 30,956 square feet, therefore clearing of Lot 3 is restricted to 50% of the total lot area. Ail significant trees greater than 18" DBH shall be preserved and maintained as to not pose a hazard to life or property. (10) Ail utilities serving Lot 2 and Lot 3 shall be installed underground. (11) Lots 2 and 3 shall be accessed via a common driveway which restricts the use of the lots to residential. If the use of Lots 2 and 3 are changed from single family with accessory apartment to a commercial use, the access to Lots 2 and 3 shall be be improved to meet the minimum specifications of Highway Specification of the Town of Southold Town Code. (12 ) The Contractor must notify the Town Highway Department, in writing, at least twenty-four (24) hours before commencing any work. Ail work within the Town Right of Way must be inspected and approved by the Town Highway Department. (13) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of ±nspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. (14) These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. (15) If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. (16) The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of SouShold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. (17) The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. / ~- -'"'" L._ ~Z,~'" '~ / ! 'Robert A~¢iet~ ,/ Patrick ~Ad ~ i~e ~ STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On th~~ day of ~t/Q~/ ,~ before me, the undersigned, a notary public in an~ for said- S~ate, personally appeared Robert Adipietro personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the i~trument. ACKNOWL ED GMENT ~ ~ ~ (TO BE USED IN OUTSIDE OF NEW YORK STATE) STATE OF FLORIDA ) SS: COUNTY OF ~c~ ) On the ~ day of May, 2010 before me, the undersigned, personally appeared PATRICK ADIPIETRO personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned zn the ~¼~ ~ ~c~ ~c' ~ ~ (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken. ) . ~ot ary Public Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at PECONIC, in the TOWN OF SOUTHOLD, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Peconic Lane, distant 78.30 feet northwesterly from the intersection of the northeasterly side of Peconic Lane with the northwesterly side of land of the Long Island Railroad, said point of beginning being also where the northwesterly side of land now or formerly of Hairston intersects the northeasterly side of Peconic Lane; RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; RUNNING THENCE North 43 degrees 29 minutes 00 seconds East along the last mentioned land 466.25 feet to other land now or formerly of Hairston; RUNNING THENCE South 40 degrees 01 minutes 00 seconds East along the last mentioned land 239.43 feet to land of the Long Island Railroad; RUNNING THENCE South 47 degrees 32 minutes 00 seconds West along the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE along the last mentioned land the following two (2) courses and distances: 1.) North 44 degrees 30 minutes 00 seconds West, 84.00 feet; 2.) South 45 degrees 35 minutes 00 seconds West, 166.80 feet to the northeasterly side of Peconic Lane at the POINT OR PLACE OF BEGINNING. CC #: C'10-23359 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on06/25/2010 under Liber D00012628 and Page 944 and, that the same is a true copy thereof, and of thewhole of such original. In Testimony VVhereof, I have hereunto set my hand and affixed the seal of said County and Court this 06125/2010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL L--'Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 I FEES Page / Filing Fee ,~- Handling 20. 00 TP-584 Notation EA-52 17 (County) Sub Total ,~'~ _~ EA-5217 (State) R.P.T.S.A. 50 Comm. of Ed. 5, O0 Affidavit /C~ef~ified'Cop~ ~ ~ 0 NYS Surcharge 15. O0 Other Grand Total //'O 4 I Dist. Real Property Tax Service Agency Verification 1000 07400 0300 016000 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk F'.EC OF..'[:,E£:, 2010 Jun 25 JUDITH R, PRSCRL: F_'L E R!::: CF SUFr-'OLi::: COLiNTV L ~' 944 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 Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ [mproved Vacant Land TD TD TD o.!ame Title Company Information Tits# ~"~J Suffolk County Recording & Endorsement Page made This page forms part of the attached by: ROBERT ADIPIETRO AND PATRICK ADIPIETRO DRIVEWAY& MAINTENANCE AGREEMENT (SPECIFY TYPE OF ,NSTRUMEN -- .g.. The premises herein Js situated in ~ SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD ROBERT ADIPIETRO AND In the VILLAGE PATRICK ADIPIETRO or HAMLETof PECONIC BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 7 Receipt Number : 10-0074717 District: 1000 Recorded: At: 06/25/2010 11:13:34 AM LIBER: D00012628 PAGE: 944 Section: Block: Lot: 074.00 03.00 016.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT Fees Paid Page/Filing $35.00 COE $5.00 TP-584 $0.00 Cert. Copies $5.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $110.20 JUDITH A. PASC~T.~ County Clerk, Suffolk County DRIVEWAY & MAINTENANCE AGREEMENT This Declaration ("Declaration") is made this 21~t day of May, 2010, by ROBERT ADIPIETRQ~rAND PATRICK ADIPIETR02~t~hereinafter collectively referred to as "Declarant". WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on th] Suffolk County Tax Map as District 1000, Section 74 , Block 3 , Lot I6; and ~q~-~ WHEREAS, Declarant has made an application to subdivide said real property into three (3) lots, as shown on the Subdivision map of Robert & Patrick Adipietro, prepared by Peconic Surveyors, P.C., last dated January 1, 2008; and WHEREAS, Declarant desires to provide for maintenance and management of the driveway which provides a common access of ingress and egress to lot 2 and lot 3; WHEREAS, Lot 2 and Lot 3 will be developed with a single family dwelling and one accessory apartment per dwelling NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: DRIVEWAY DESIGN AND CONSTRUCTION The subdivision common driveway shall be located as shown on the subdivision map and shall be of stone blend composition to a width of sixteen(16') feet for a distance of approximately 256 feet from Peconic Lane. The subdivision driveway shall be constructed in accordance with Town of Southold specifications. Lot 2 and Lot 3 will each own 12.5 feet of the driveway, as shown on the map and lots 2 and 3 will have an equal right over said driveway. The common driveway will provide both a common access to the lots and contain the underground utilities for the subdivision. MAINTENANCE AND MANAGEMENT OF DRIVEWAY I. The owners of Lot 2 and 3 hereby covenant and agree that the parties, its successor or assigns in interest, shall share equally in the costs and expenses of maintaining the common driveway and use, manage, administer, maintain and operate the subdivision driveway in accordance with the provisions of this Declaration. All parties agree that they will contribute toward and cause to be performed year-round maintenance of the common driveway in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the driveway, including but not limited to, litter collection, clean out drainage, snow removal and repair of the surface as necessary to keep the driveway in good and working order. The use of agents, subcontractors or employees to be reasonably necessary to carry out the responsibilities under this Declaration. 2. The owners shall maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. MANAGEMENT COSTS 3. The owner of Lot 3, in its sole discretion, is appointed as agent to contract and oversee the maintenance and repairs authorized by this agreement and shall: Prepare an annual budget for equal share of the costs of managing the driveway on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. Maintain a "Reserve Fund" for extraordinary repair and replacement of the driveway. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual reserve Fund fee for each lot shall be computed for the amount necessary to replace the driveway over a fifteen (15) year period. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve fund, the owner of Lot 3, may recommend a special assessment both lot owners shall be obligated to promptly pay the amount of the Special assessment to the owner of Lot 3. d. The owners of Lot 2 and 3 may appoint another management agent. PERMITTED AND PROHIBITED USES 4. The driveway shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the driveway; (ii) minimize the disturbance of shrubbery or other vegetation along the driveway; and (iii) upon completion of repair or maintenance, restore the driveway substantially to the same condition as existed at the time of commencement of the work. The driveway shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Declarant. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the driveway may be made. No alteration or modification of the driveway, once constructed, will be permitted without prior written consent of Declarant and the Planning Board of the Town of Southold. The driveway is designed for one dwelling per lot and one accessory apartment per dwelling. TERMS OF PAYMENT 5. All Maintenance Costs, Reserve Fund fees, and special assessments as detailed above shall be billed to the Lot Owners and shall be required to be paid within thirty (30) days after the date of the bill submitted by the owner of Lot 3. 6. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by the owner of lot 3, then they shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. 7. In the event any legal proceedings are necessary to enforce the terms and conditions of this Declaration, the Lot Owners shall indemnify and hold the owner of Lot 3 harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by the owner of Lot 3. 8. That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 9. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 10. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 11. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities, claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 12. If the parties or its successors or assigns fails to meet its obligations with regards to the terms of this driveway and Maintenance Agreement, the Declaration the parties shall have the right to enforce the terms of this agreement in a Court of Law. 13. All notices required under this Declaration shall be mailed to the Lot Owners' addresses or to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed Effective when mailed. 14. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. Ownership should revert back to properly owners within the subdivision who are obligated to abide by the terms of this Agreement. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. De~, ROBERT ADIPIETRO ~ PXTi~ICk AD I10IE"fTR/O STATE OF NEW YORK ) ) S$~ COUNTY OF SUFFOLK ) n tb.~t~ day of.~i~/~)7, before me the undersigned, personally appeared,~r gIS~P~, personally known to me or provided to me on the basis of satisfactoU evidence to be the individuals whose nines ~e subscribed to the within instrument ~d ac~owledged to me that ~ey executed the sine in their capaciW, ~d that by their signa~es on the inst~ent, the individuals, or the person upon behalf of which the individuals acted, executed the inst~ent. ,~ ~ ~ot~ eubi~~ ACKNOWLEDGMENT (TO BE USED IN OUTSIDE OF NEW YORK STATE) Onthe ~ ~-.~ ~n day of.~ ~:, ,~ before me, ~e undersigned, personally appe~ed PAT~CK ADIPIETRO personally ~om to me or proved to me on the basis of satisfacto~ evidence to be the individual whose nme is subscribed to ~e M~in insment ~d ac~owledged to me that he executed ~e sine in his capaci~ ~d ~at by his signat~e on the ins~ent, ~e individual, or the person upon behalf of whch ~e individual acted, executed the inst~eat ~ that such individu~ made such appe~ce before the ~dersigned in the &'~ ~/ ~ j~, ~ < . (~nsen the ci~ or o~er politic~ subdivision ~d the state or co~ or other plac~ the ae~owledgment was t&en.). Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at PECONIC, in the TOWN OF SOUTHOLD, County of Suffolk and State ef New York, bounded and described as follows: BEGINNING at a point on the northerly side of Peconic Lane, distant 78.30 feet northwesterly from the intersection of the northeasterly side of Peconic Lane with the northwesterly side of land of the Long Island Railroad, said point of beginning being also where the northwesterly side of land now or formerly of Hairston intersects the northeasterly side of Peconic Lane; RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; RUNNING THENCE North 43 degrees 29 minutes 00 seconds East along the last mentioned land 466,25 feet to other land now or formerly of Hairston; RUNNING THENCE South 40 degrees 01 minutes 00 seconds East along the last mentioned land 239,43 feet to land of the Long Island Railroad; RUNNING THENCE South 47 degrees 32 minutes 00 seconds West along the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE along the last mentioned land the following two (2) courses and distances: 1.) North 44 degrees 30 minutes 00 seconds West, 84.00 feet; 2.) South 45 degrees 35 minutes 00 seconds West, 166.80 feet to the northeasterly side of Peconic Lane at the POINT OR PLACE OF BEGINNING.