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Legal Notice
?age 2 - Southold Town Board of Appeals
July 1, 1976
8:30 P.M. (E.D.S.T.) upon application of Russell B. Case,
President, Cedars Golf Club, c;ase,rs Lane, Cutchogue, New
York for a special exception in accordance with the Zoning
Ordinance, for permission to relocate directional sign for
6f.
Cedars Golf Club. Article III, Sec.lOO-30S/Location of
property: Case's Lane, Cutchogue, New York, bounded on the
north by Middle Road (CR27); east by W. H. Wickham Est.;
south by Long Island Railroad; west by E. Tuthill and P.
Kurowski.
~ ~ 8:35 P.M. (E.D.S.T.) upon application of Betty L. Fitzpatric
263 Cushing Avenue, Williston Park, New York (Edward John Boyd V,
Attorney), for a variance in accordance with the Zoning Ordinance
Article III, Section 100-30 & Bulk Schedule for permission to
adjust boundary line through the exchange of like-sized parcels
with insufficient width and area before and after exchange.
Location of property: East side South Harbor Road, Southold,
New York, bounded on the north by right-of-way; east by Nelson;
south by N. McCook; west by South Harbor Road.
8:45 P.M. (E.D.S.T.) upon application of Olympia Kouros,
L.--.
Main Road, Mattituck, New York (Rudolph Bruer, Attorney), for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to set off small
lots with insufficient width and area. Location of property:
New Suffolk, N. Y.
East of Grathwohl Road'i bounded on the north by J. Fisher; east
by Gleason; south by Kouros Road; west by Grathwohl Road. (This
description refers to Parcels A & B).
8:55 P.M. (E.D.S.T.) upon application of Olympia Kouros,
Main Road, Mattituck, New York (Rudolph Bruer, Attorney), for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to set off small
lots with insufficient width and area. Location of property :
South of Kouros Road, New Suffolk, New York, bounded on the north
I
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 2m of the
Town Law and the provisions of
the Amended Building Zone
Ordinance' of the Town of
Southold, New York, puhlic
hearings will be held by the
Zoning Board of Appeals at the
Town Office, Main Road,
Southold, New York, on July I,
1976, on the following appeals:
8:00 P.M. (KD.S.T.) upon
application of John. and Erma
Gabusi, 58 Glenmore Avenue,
Brentwood, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
construct accessory building in
front yard area. Location of
property: S-S Peconic Bay
Boulevard, Laurel, New York
bounded on the north by Peconic
Bay Blvd.; east by M. Roache;
south by Peconic Bay; west by S.
Spinosa.
8:10 P.M. (E.D.S.T.) upon
application of Frank Wills, Red
Fox Road, Box 371, Mattituck,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article m, Section 100-
30 C '" 100-32 for permission to
construct accessory building in
front yard area. Location of
property: North side Ruth Road,
Mattituck, New York, bounded on
the north by L.I. Sound; east by
Captain Kldd Subdivision south
by B. Vreeland; west by B.
Vreeland.
8:20 P.M. (E.D.S.T.) upon
application of John '" Irma
Hutter, 56600 Main Road,
Southold, New York, (Edward
John Boyd V, Attorney), for a
variance in accordance with the
Zoning Ordinance, Article III
Section 100-30 '" Article II, Sec-
tion 100-20 D (!) for permission to
use existing building for
business. Location of property:
South side Main Road and east
side Town Harbor Lane,
Southold, bounded on lhenorth by
Main Road; east by Town Harbor
Lane; south by. N. Mattessio;
west by D. Zito '" Ors, F. Lennerl,
Q.C. Hurdle.
8:30 P.M. (E.D.S.T.) upon
application of Russell B. Case,
President, Cedars Golf Club,
Case's Lane, Cutchogue, New
York for a special exception in
accordance with the Zoning
Ordinance, for permission to
relocate directional sign for
Cedars Golf Club. Article III, Sec.
lOO-aoc 6f. Location of properly:
Case's Lane, Cutchogue, New
York, bounded on the north by
Middle Road (CR27); east by
W.H. Wickham Est.; south by
, "qg ~Railroad; west by .
:.st/1ill d P. Kurowski. .
~:35 . . (E.D.S.T.) upon
f plical10n of Betty L. Fitz-
atrick 263 Cushing Avenue,
i illiston Park, New York
,!Edward John Boyd V, At-
Itomey), for a variance in ac-
cordance with the Zoning' Or-
dinance, Article III, Section 100-
30 '" Bulk Schedule for per-
mission to adjust boundary line
through the exchange of like-
sized parcels with insufficient
width and area before and after
exchange. Location of property:
East side South Harbor Road
, Southold, New York, bounded o~
the north by right-of-way; east by
Nelson; south by N. McCook;
west by South Harbor Road. ___
8:45 P.M. (E.D.S.T.) upon
application of Olympia Kouros
Main Road, Mattituck, New York
<Rudolph Bruer, Attorney), for a
variance in accordance with the
Zoning Ordinance, Article III
Section 100-30 and Bulk Schedul~
for permission to set off small
lots with insufficient width and
area. Location of properly: East
of Grathwohl Road, New Suffolk,
N.Y. bounded on the north by J.
Fisher; east by Gleason; south
by Kouros Road; west by Grath-
wohl Road. (This description
refers to ParcelS A &BJ.
8:55 P.M. (E.D.S.T.) upon
application of Olympia Kouros,
Main Road, Mattituck, New York.
<Rudolph Bruer, Attorney), for a
variance in accordance with the
Zoning Ordinance,' Article III,
Section 100-30 and Bulk Schedule
for permission to set off small
lots with insufficient width and
area. Location of property: South
of Kouros Road, New Suffolk,
New York, bounded on the north
by Kouros Road; east by Bunny
Lane; south by Arena; west by
Caridi. (This description refers to
Parcels C '" D).
9:05 P.M. (E.D.S.T.) upon
application of Appolonia Kir-
chgessner, Camp Minenla Road,
Mattituck, New York (William
Wickham, Attorney) for a
variance-in. accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for .permission to divide property
with insufficient area. Location
of property: Right-of-way East
side Camp Mineola Road,
Mattituck, New York, bounded on
the norlh by now or formerly R.
Tuthill; east by now or formerly
J. Peters; south by right-of-way;
west by now or formerly P.
Gordon.
9:15 P.M. (E.D.S.T.) upon
application of Walter Gaipa,
Lakeview Terrace, East Marion,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
32 for permission to construct
accessory building in front yard
area. Location of property:
Lakeview Te1T8Ce, East Marion,
New York, bounded on the north
by McDonald; east by Marion
Lake; south by Salninen; west by
Right-of-way.
9:25 P.M. (E.D.S.T.) upon
application of Nancy Graham,
Old Oyster Factory Ltd., 160
Fifth Street, Greenporl, New
York for a special exception in
accordance with the Zoning
Ordinance, Article III, Section
100-30 C 6f for permission to erect
off-premises directional sign.
Location of properly: s-s Main
Road, Cutchogue, New York,
bounded on the north by Main
Road; east by Linden Avenue;
south by North Fork Country
Club; west by W. Wickham '" W.
Baxter. .
9:35 P.M. (E.D.S.T" upon
application of Nancy Graham,
Old Oyster Factory Ltd., 160
Fifth Street, Greenport, N.Y. for
a s~ ell.CepUon 10 a~dance
wil~e Zoning' Ordinance,
Arti~ m; Sectioo.lOll-30 C 6f for
permiuiOllto' ereCt oIf-premises
direc~onal sign. Location of
pro~: l.ots 187, 188, 189, Map
Pe,:;ontc Bay Est. No. 1124,
Main ~d '" Pipes Neck Road,
Arshamomaque.
9:45,P.M. (E.D.S,T.) upon
appliC!ftion 01 Thomas J. Gor-
man, y,(William J. Jacobs,
Builder. Depot Lane, ~j:hogue,
N.Y.), Mattil\lcl<, New.JJ!jrk for a
variance 10 a~,.~. ;~ the
Zoning Drdjnance, .. III,
Section l~ for pennlliJion to
construet. a.~.. "'R.~b..: ng in
front X~.. ,'. . n of
property,t~ . -way,
south side Sound Avi!dbe, Mat-
tituck, N.Y., bounded on the
norlh by right-of-way; east by M.
Smith; south by Laurel Lake;
west by now or formerly Un-
derwood.
Any person desiring to be heard
on the above appeals should
appear at the time and place of
hearing above specified.
Dated: June 18, 1976
BY ORDER OF
TIlE SOUTIlOLD
TOWN BOARD
OF APPEALS
IT J24-2409
COUNTY OF SUFFOLK
STATE OF NEW YORK.
J
~ SS:
J
"t
......;>. 4F.1.;. 9.... p.o.r:m~n
says that he _ _ . . . . . . . being duly Swo
. . . . . " 15 PrInter and Publisher of the SUFFO
WEEKL Y TIMES
. a newspaper published at G .
reenport. lD s.
county; and that thf' notia:. of which the <1DDe~-" _ ".
""'" IS a prlD,
copy. has been published in the said Suffolk Weekly T"-'
one ~ III
e lD f'ach week. for . One (l)
. . ......................... wee
succesSlve,ly oommencing on the '" .1'wentY-fourth
day of June_ C-' '. 76...................
.. .....".-~'~ 19
~~~~c::s ~-
''It ~ """ . '?"'~H:;' HH' H' H H' H
7~~"" 19.74 J
....::::::i;!~j;t?d7~
Sworn to
day of ..
1n:7:--.: 11
NO-II: - ---. }.. n-f"~''';, .-'.".~'
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LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone ord-
inanceof the Town of Southold,
New Yark, public hearings will be
held by the Zoning Board of
Appeals at the Town,Office, Main
Road, Southold, New York, on
July I, 1976, on the following
appeals:
8:00 P.M. (E.D.S.T.) upon ap-
plication of John and Erma Gabu-
si, 58 Glenmore Avenue, Brent-
wood, New Yark for a variance in
accordance with the Zoning Ordin-
ance, Article III, Section 100-32 for
permission to construct accessory
building in front yard area. Loca-
tion of property: S/S Peconic Bay
Boulevard, Laurel, New York
bounded on the north by Peconic
Bay Blvd.; east by M. Roache;
south by Peconic Bay; west by S.
Spinosa.
8:10 P.M. (E.D.S.T.) upon ap-
plication_of Frank Wills, Red Fox
Road, Box 371, Mattituck, New
York for a variance in accordance
with the Zoning Ordinance, Art-
icle III, Section 100-30 C & 100-32
for permission to construct acces-
sory building in front yard area.
Location of property: North side
Ruth Road, Mattituck, New York,
bounded on the north by L. I.
Sound; east by Captain Kidd
Subdivision south by B. Vreeland;
west by B. Vreel.and.
8:20 P.M. (E.D.S.T.) upon ap-
plication of John & Irma Hutter,
56600 Main Road, Southold, New
York, (Edward John Boyd V,
Attorney), for a variance in ac-
cordance with the Zoning Ord-
inance, Article III Section 100.30
& Article II, Section 100-20 D (I)
for permission to use existing
building for business. Location of
property: South side Main Road
and east side Town Harbor Lane,
Southold, bounded on the north by
Main Road; east by Town Harbor
Lane; south by N. Mattessio, west
by D. Zito & Ors, F. Lennert, Q. C.
Hurdle.
8:30 P.M. (E.D.S.T.) upon ap-
plication of Russell B. ~ase,
President. Cedars Golf Club,
Case's Lane, Cutchogue, New
York for a special exception in
accordance with the Zoning Ord-
inance, for permission to relocate
directional sign for Cedars Golf
Club. Article III, Sec. 100-30C 61.
Location of property: Case's Lane,
Cutchogue, New York, bounded
on the north by Middle Road
(CRn); east by W. H. Wickham
Est.; south by Long Island Rail-
road; west by E. Tuthill and P.
'Kurowski. _
8:35 P.M. (E.O.S.T.) upou ap.
plication of Betty 1. Fitzpatrick,
263 Cushing Avenue, Williston
Park, New York (Edward John
Boyd V, Attorney), for a variance
in accordance with the Zoning
Ordinance, Article III. Section
100-30 & Bulk Schedule for per-
mission to adjust boundary line
through the exchange of like.sized
parcels with insufficient width and
area before and after exchange.
Location of property: East side
South Harbor Road. Southold,
New York, bounded on the north
by right-of-way; east by Nelson;
south by N. McCook; west by
South Harbor Road.
8:45 P.M. (E.D.S.T.) upon ap-
plication of Olympia Kouros, Main
Road, Mattituck. New York (Ru-
dolph Bruer, Attorney), for a
variance in accordance with the
Zoning Ordinance, Article III.
Section 100-30 and Bulk Schedule
for permission to set off small lots
with insufficient width and area.
Location of property: East of
Grathwohl Road, New Suffolk, N.
Y. bounded on the north by J.
Fisher; east by Gleason; south by
Kouros Road; west by Grathwohl
Road. (This description - refers to
Parcels A & B).
8:55 P.M. (E.D.S.T.) upon ap-
plication of Olympia Kouros. Main
Road. Mattituck. New York (Ru-
dolph Bruer. Attorney), for a
variance in accordance with the
Zoning Ordinance. Article III,
Section 100-30 and Bulk Schedule
for permission to set off small lots
COUNTY OF SUFFO'.K
STATE OF NEW YCRK
} ss:
Sherley Katz, being duly swam, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a publ ic new,'paper printed at Southald, in Suffolk County;
and that the notice of which Ihe annexed is 0 printed copy,
nos been published in said Long Island Traveler-Watch-
man once each week for ............../.......................... weeks
successively, commencing on the .....~.~-f..............................
day of .....C.~Ii.:1;'J'';.\............. ... 19.....'..'.-r'..
... "',
(,t_ .' ~//-
.....~/ tL-c,'--_-f:.'-~_; !"". '1:-,
............................/..................._.-..............
. Swam to before me this
L/
.....::....1............. day of
i"- f'
...\.. )....~~'/i;;.~........ ............ ", 19. ..r... (?
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". ~/){,'/ JI) I, i/" 0 ;/1," '4:1'"
......,JfA..;..v., {,.-.t~'--->....L.L.J(~.I.\....-i'...~....i.......\.-.~,1/.l ,.'<'...--:'"....
Notary Public ' !
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FORM NO. 3
b
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL~
/b ~ :{
File No. ..................................................................Date ............. .... ....................................., 17...
To ...~.:.~.J........~.........~ r~~<-
........~..~.....................................? 5 Lv ~ ~c.,
I b t6
PLEASE T~ NOTICE that your application dated .................. ..............................., 19.......
for permit to ce"5tl~...f.~..I.t.a.!J\...~ the premises located at.....fl!f....~..~
.....&.~.~.................................. Street~
Map .............A................... Black .........~...................... Lo~"'~""'r~"""'"'' ....... is
-feLu""ed I ,__..at, andndis~pprav~d on Jje following grounds .....~.IAwi.l~... ...........~?-f
/{.~~~(,.."-"-- U,#w./~~ ..'fQ,1hH
:::::::::~:~::..:::.:::::::~::~:~:::i:~~:::::::~:~:::::~::~~
..................................................................................
.......tI;....
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ERK
TELEPHONE
76S~37a3
"'.//.... .... '.,"
SlJUTHlJLD, L. I" N. Y. 11971
To:
June 16, 1976
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
Application of Betty L. Fitzpatrick for a variance~Appeal No. 2152
I have on file in my office notification by certified mail
Mr. & Mrs. Carl Nelson, 48 Hallock Ave., Smithtown, N.Y. 11787'
Mr. & Mrs. Norman F. McCook, South Harbor Road, Southold, N.Y. 1197'
Oud~ 1:~
J@it"hPi:- Terry /
Town Clerk
From:
Re:
to:
JTT/bn
o 0
TOWN OF SOUTH OLD. NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. 02. / Q
DATE ~~~..~~.!...~.?~~....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (U,) ..... .j:!~:t;:t;:l.. );.., ..r..J,.t.~.P!!-.t.:r;.t!;~..................,. of ......... .;;9.3.. .qJ.\~h~ng. .A~~!lH~ ~.............. ..............
Nome of Appellant Street and Number
Williston Park
.............................................................................................
Municipality
.N.~~..x?!.~...........HEREBY APPEAL TO
State
:::L~:A~I:: BF~:R:E~:I:P::L.~..F.~~.~..~.~~.. ~.~.~I~:~~A ~:D ~~.~.J.~0:...~.~~~~~~.~~...~~
WHEREBY THE BUILDING INSPECTOR DENIED TO
.................................................................................
Nome of Applicant for permit
of
..... St;~~t'~'~d"N ~ ;';;b~;""""""" .......... 'M~~'i~'ip~ i it;.................... St~t~.......................
( ) PERMIT TO USE
( ) PE,RMIT FOR OCCUPANCY (f () _
(/~~~~'
1. LOCATION OF THE PROPERTY ..~.~:t...s~~~..:::..~?~~~..~!:~!:..~~~~.~..~~~~~~~~.!..~~~..~.~:r~
Street Use District on Zoning Map
.................................................................................
Mop No.
Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III, ,Section 100-30
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
M 16 S". 280A S"_,,~ 3 l.... dJ f;Jt; ".J2) )
4. PREVIOUS APPEAL A previous appeal ~KJt!tl() been ma~with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X ) A Variance to the Zoning Ordinance
( )
is requested for the reason that
(See Attached Memorandum)
Form ZBl
(Continue on other side)
o
REASON FOR APPEAL
Continued
o
1. STRICT APPLICATION
sory HA~DSHIP because
OF THE ORDINANCE would produce practical difficulties or unneces-
(See Attached Memorandum)
2. The hardship created is UNIQUE and is not shared by all
vicinity of this property and in this use district because
properties alike in the immediate
(See Attached Memorandum)
3. The Variance would observe the spirit of
CHARACTER OF THE DISTRICT because
the Ordinance and WOULD NOT
(See Attached Memorandum)
CHANGE THE
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Signature
ward John Bayd V, Esq., for Betty L. Fitzpatrick
/
uuuuuu.J.~~.'....u..u............... 1976
. 16th
Sworn to this .........................................u... day of
c~~fft:...........
1'10. S~- S,/O &/2 S-
quAL-'Fltl> IIV $tJFFDLK cou>t....Y
CONlA1. E.l< p. MA R<J.j 30, / '17ft
I'
..
...
BOARD OF APPEALS, TOWN OF SOUTHOLD X
In the Matter of the Petition of
BETTY L. FITZPATRICK MEMORANDUM
to the Board of Appeals of the Town of Southold X
Betty L, Fitzpatrick, petitioner herein, has entered into a con-
tract (Copy annexed as Exhibit 1) for the purchase of a certain piece
of real property on South Harbor Road, Southold, New York, which prop-
erty presently belongs to Avis L, Peabody,
Said property, as it presently exists, is of an unusual and un-
workable shape since the parcel of land which lies between petitioner's
future front entrance door and South Harbor Road belongs to the land-
owners to the south, William L, and Margaret V, Jones (Parcel "A" on
I, annexed map, Exhibit 3),
,I
I In order to resolve this unusual division of land, your petitioner
has entered into a contract with William L. and Margaret V. Jones (Copy
annexed as Exhibit 2) which would result in an exchange of this small
parcel of land for a parcel of equal area located in the rear and side
yards of the premises involved (Parcel "B" on Exhibit 3),
Under the present circumstances, a strict application of the
Zoning Ordinance would produce practical difficulties and unnecessary
hardship because petitioner's shortest and most natural path to South
I Harbor Road would lie across the property of William L, and Margaret
I V, Jones, Additionally, Mr, and Mrs, Jones would be faced with the
I continuing burden of maintaining a small, triangular-shaped extention
,
of their property, an extention which, for all purposes, appears to
belong with the dwelling house to the north since it lies between that
dwelling's front entrance and South Harbor Road.
The hardship created is unique and is not shared by all properties
alike in the immediate vicinity of this property and in this use dis-
trict because, to your petitioner's knowledge and upon information and
belief, the property which petitioner has contracted to purchase is the
only property in the area where the land between the main entrance of
the dwelling house and South Harbor Road is under the ownership of an-
other party,
This Variance would observe the spirit of the Ordinance and would
II
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II
II
II
I'
III not change the chare,cter of the District because the proposed exchange
is for properties of equal area, Both Mrs. Fitzpatrick and Mr, and Mrs.
Jones will emerge from this transaction with the total area of their
respective lots undiminished, Additionally, Mrs, Fitzpatrick will en-
joy legal ownership of the land which lies between her front door and
South Harbor Road, and Mr, and Mrs, Jones will gain additional area to
add to the privacy of their rear yard.
I
Ii
I June 16, 1976
For all of the above reasons, this Variance should be GRANTED,
Respectfully submitted,
Edward John Boyd V, Esq.
for Betty L. Fitzpatrick
I
II
I
II
II
II
I
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I
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the Petition of
BETrY L, FITZPATRICK
to the Board of Appeals of the Town of Southold
NOTICE
TO:
YOU ARE HEREBY GIVEN NOTICE:
,
1. That it is the intention of the und~t;!~iJl!J~~.!~y"e.!!!l~~J~~JtoJl!~J>,L~llPeals of the Town of Southold ,
to request a (Variance) (~~~6;.llr'~l(.lM(H6I""fri'g'r'\!lref:
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: East side South Harbor Road, bounded on the west by South Harbor Road;
north by private road; east by Nelson; south by McCook,
3. That the property which is the subject of such Petition is located in the following zoning district:
flAil
4. That by such Petition, the undersigned will request the following relief: Permission to adjust the
boundry line between the property presently owned by Peabody and the property presently }
owned by Jones through the exchange of like sized parcels, )
5. That the provisions of the South old Town Zoning Code applicable to the relief sought by the under-
signed are: Article III, Section 100-'30 and Bulk Schedule,
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Wa man, newspapers pub 'shed in the
Town of South old and designated for the publication of such notices; t you or our represe tive have the
right to appear and be heard at such hearing.
Dated: June 16, 1976
ost Office Address
Main Road, Southold, N, y,
(516) 765-1555
,
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PROOF OF MAILING OF NOTICE
Mr. and Mrs. Carl M. Nelson
ADDRESS
48 Hallock Avenue, Smith town , New York 11787
NAME
Mr. and Mrs. Norman F. McCook
Southold, New York 11971
OPT! ALlER ICES FO ADDITIONAL fEES
RETURN ~ t. Shaws .to whom IlId dat. dell..,ec'
RECEIPT With restricted delivery .. l-
SERVICrS 2. Shows to WhlHl!. date Ind .her. d,lIver,d .Im
With restricted delivery .
RESTRICTED DELIVERY II:
SPECIAL DElIVERY (extra fee requirecO .
PS Form NO
Jan. 19783800 INSURANCE COVERAGE PROVIOEO-
NOT FOR INTERNATIONAL MAil
(S.. oth.r ,ide)
"* GPO lm-0-591-452
OPOAlncr
RETURN ~ 1. III,WI to "':01 A~DlTIDNAl FEES
RECEIPl With, ~ an.. dat. 1If.ll,ert
SERVIClS 2. Silo," t. .:tnCled delivery n_.". __II.............
:::~~ZTg~lI~~~:Erw'.h".~,t~~:.r~:.:."...Il..... j
PS Form extra f.. required} .....:::::::::::::---.------.......
Jan.197,39oo NO INSURANCE COVERA ................
NOT fOR INTERNArf:N:"Ro,:l~to
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
(5.. otlt.r lide)
'* GPO: 'm-o--ssl-452
ss.:
Edward J. Boyd . residing at Paradise Point, Southold, New York
. being duly sworn, deposes and says that on the 16th day
of June ,19 76 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold. New York ; that said Notices were mailed to each of said persons by
(certified) ~ill) mail.
L
N tary Public
EDWARD JOHN BOYD. V
Not..y Public. 5''', 01 Now Yodi
No.3D-037662S
au.lifjed in Nassau County
Commission Expires March 30. 19","
d.-
LI
Standard N. y, S. T.ll. Form 8041- 9.11-.~OM-Contra(1 or Sale.
CONIUl.T YOU. LAWYI. .a.IIIGNING THI~ INIT:MINT-THIIINIT.QINT IHOULD .1 UIID .Y LAWYIRI ONLY.
-
NOTE: FIRE LOSSES. Thi. form of contract contain. no express provi.ion as to risk of loss by fire or other casualty
before delivery of the deed. Unless express provision is made, the provisions of Section 5-1311 of the General Obligations
Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing.
THIS AGREEMENT, made the \ ~"ftJ day of Ape ~ '-
BETVVEEN AVIS L. PEABODY, residing at
Road, Southold, New York, 11971
, nineteen hundred and seventy-six
(No Number) South Harbor
(jj;Ij
hereinafter described.. the leller. and
I.h 11t iT, residing at
11596
AR~lmR Fl~BF~TRliK ana BETTK L,FITZPATRICK,
263 Cushing Avenue, Williston park, New York
+
hereinafter described .. the purchaler.
WITNESSETH, that the seller agree. to sell and convey. and the purchaler agree. to purchale. all that certain plot, piece
or parcel of land. with the building. and improvements thereon erected. .ituate. lying and being1n-lhe-at Southold,
Town of Southold, ';ounty of Suffolk, state of New York, being bounded
and described as follows:
BEGINNING at a point on the easterly side of South Harbor Road where
the same is intersected by the northeasterly side of land now or
formerly of James and Emelia Warnaka7
,UNNING THENCE along the easterly side of South Harbor Road North
160 40' 00" l..ast, 117.76 feet to the southerly end of a curve
connecting the easterly side of South Harbor Road with the south-
westerly side of right-of-',.;ay;
RUNNING THENCE northerly and easterly along said curve bearing to
the right having a radius of 6.10 feet, a distance of 13.76 feet to
the southwlsterly side of said right-of-way,
RUNNING THENCE along. the s01,1thwesterly side of said right-of-:.ay
South 340 07" )0" East, 151. 27 feet to land now or formerly of Ford,
RUNNING THENCE along said land South 290 48' 50" West, 141.32 feet
to said land now or formerly of James and.Emelia Warnaka;
RUNNING THENCE along said land North 230 48' 10" West, 146.29 feet
to the easterly side of South Harbor Road at the point or place of
BEGINNING.
TOGETHER WITH all right, title and interest of the seller in a right
of way along the northeasterly boundary of the premises from the
easterly corner thereof to South Harbor Road.
TOGETHER with all the right, title and interest of the seller in
that triangular parcel of land at the northerly corner of the premises
lying within the easterly line of South Harbor Road extended
northerly and the southwesterly .line of the said right of way
extended northwesterly to the RO~~~~of confluence.
1. Thi. ..Ie include. .11 right. titl. and 'ntere.t. if any, of the leller in and to any land lying in the bed of any .treet. road or
avenue opened or proposed, in front of .r adjoining said pr~ise.. to the center line thereof. and all right, title and intere.t
of the .eller in and to .ny award made or to be made in lieu thereof and in and to any unpaid award for d.mage to ..id
premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser. on closing of
title. or thereafter. on demand, all proper instruments for the conveyance of such title and the assignment and collection of
any such award.
,-
2. The price is
SIXTY1:JHENXTHOUSAND
($60,000.OOlond no/100
Dollars. payable as follows:
Dollars.
SIX THOUSAND ($6,000.00) and no/100
on the signing o( this contract, by check subject to collection. the receipt of which is hereby acknowledged; said
be held in escrow by Murray weitman, Atty. for Seller
NINBTEEN 'I'HOUSAND ($19,000.00) and no/100
in cash or good certified check to the order of the seller on the delivery of the deed as hereina her provided;
Approximately SEVENTEEN THOUSAND ($17,000.) and no/100
sum to
Dollars.
Dollars.
by taking title subject to a first mortgage now a lien on said premises in that amount. bearing interest at the
rate of 7 1/4 per cenl per annum. the principal being due and payable to southold Savings Bank,
Southold, N.Y. in equal monthly installments of $/37 ~ until <'larch
24, 1995
EIGHTEEN THOUSAND ($18 000.00) and no/100
by the purchaser or assigns executmg, ac1mowledging and delivermg to the seller a bond or, at the option of the seller. a
note secured by a purchase money second mortgage on the above premises, in that amount, payable on the
first day of the month following the transfer of title herein in
equal monthly installments of $11'.~. inclusive of interest at the
rate of S 1/2% per annum, and a like sum every month thereafter for
a term of 15 years. Said mortgage
~shall provide for Sl!lllDbX8~:taIlJIX mortgagors tlIpumx
option to prepay said mortgage without penalty, but in increments
of not less than $5,000.00.
Dollars.
,. Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title
Underwriters for mortgages of like lien; and shaH be drawn by the attorney for the seller at the expense of the purchaser,
who shall also pay the mortgage recording tax and recording fees.
e t at 1t s a
and subordinate to the lien 0 mortga 0 $ , any extensIOns
thereof and to any mortgage or co idated mortgage whi ay be placed on the premises in lieu thereof, and to any
extensions thereof provided (a) that the in s all not be greater than per cent per annum and (b)
that, if the principal amount thereof sha amount of principal owing and unpaid on said existing mortgage at
the time of placing such new age or consolidated m age, the excess be paid to the holder of such purchase money
mortgage in reduct" e principal thereof. Such purchase m mortgage shall also provide that such payment to the
holder there a I not alter or affect the regular installments, if any, rim:ipal payable thereunder and shall further
provide t the holder thereof will, on demand and without charge therefor, e ecute, acknowledge and deliver any agree-
melT\'Of agreements tunher tU 1:1f'....lu..l.. StUll:.. IUh8rGi-"'~'1.
5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper
certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount
of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the
fees for recording such certificate. Should Ihe morlgagee be a bank or other institution as defined in Section 274-a, Real
Property Law, Ihe mortgagee may, in lieu of the said certificate. furnish a letter signed by a duly authorized officer. or em.
ployee, or agent, containing the information required to be set forth in said certificate. Seller represents that such mortgage
will not be in default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modification
thereof contain~ any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the
delivery of the deed hereunder.
6. Said premises are sold and are to be conveyed subject to:
a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by
existing structures.
b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, u~der
or above any street or streets on which said premises may abut.
c. Encroachments of stoops. areas, cellar steps, trim and cornices. if any, upon any street or highway.
d. Any state of facts an accurate survey may disclose, providing
same do not render title unmarketable.
e. Covenants and restrictions of record
Omit
CilwJC/Jif
the f'rvpnty
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7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or Issued by the Depart.
menls of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against
or affecting Ihe premises al the date hereof. shall be complied with by the seller and the premises shall be conveyed Iree 01
the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser
with an authorization to make the necessary searches therefor.
8. All obligations affecting Ihe premises incurred unoer the Emergency Repairs provisions of the Administrative Code of
the Cily of New York (Sections 564-18.0. elc.) prior to the delivery of the deed shall be paid and discharged by Ihe seller
upon the delivery of the deed. This provision shall survive the delivery of the deed.
9. If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess~
ment or assessments which are or may become payable in annual installments. of which the first installment is then a charge
or lien. or has been paid, then for the purposes of this contract aU the unpaid installments of any such assessment, including
those which arc to become due and payable alter the delivery 01 the deed. shall be deemed 10 be due and payable and
to be liens upon the premises affected thereby and shall be paid and discharged by the seller. upon the delivery of the deed.
10. The lollowing are to be apportioned:
(a) Rents as anJ when collected. (b) Interest on mortgages. (c) Premiums on existing transferable insurance policit':s
or rt'newals of those expiring prior 10 Iht': dosing: (d) '~~xes and sewer rents, if any, on the basis of the fiscal year for
. _ _ ., ~,.~ r' I . (
~.
Omit
Clause lS i.l
thrpropt'rt-,
!.f 1I0t in
thl' City of
NCf(' Vorl.
~
II. If the closing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the
lax rate for the next preceOear applied to the latest 8ssesied valuttion. ^
12.~ If there be a water meter on the premises. the seller shall furnish a readin~ a date not more than thirty days prior to the
time herein set for closing title, and the unfixed meter charge and the unfixed sewer rent. if any. based thereon for the intervening
time shall be apportioned on the basis of such last reading.
13. The deed shall be the usual Bargain and Sale '<,/ covenants a ainst rantors cts
deed In proper statutory short form for record and shall be dilly executed and acknowledge~ so as to c~vey to ilie pur~aser
the fee simple of the said premises. free of all encumbrances. except as herein stated, and shall contain the covenant required by
subdivision 5 of Section 13 of the Lien Law.
If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of
its Board of Directors authorizing the sale and delivery of the deed. and a certificate by the Secretary or Assistant Secretary
of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the
requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to
establish compliance with said section.
14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording officer of
the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance
with Article 31 of the Tax Law. and a certified check to tbe order of the appropriate county officer for any other tax payable
by reason of the delivery of the deed, and a return, if any be required. duly signed and sworn to by the seller; and the
purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appro-
priate county officer promptly after the closing of title.
15. In addition, the seller shall at the same time deliver to the purchaser a certified cbeck to the order of the Finance Admin-
istrator for the amount of the Real Property Transfer Tax imposed by Title II of Chapter 46 of the Administrative Code of
the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued
pursuant to the authority thereof, duly signed and sworn to by the seHer; the purchaser agrees to sign and swear to the
return and to cause the check and the return to be delivered to the City Register promptly after the closing of the title.
16. The seller shall give and the purchaser shall accept a title such as
. a Member of the New York Board of Title Underwriters, will approve and insure.
1 7. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and
of the survey, if any. made in connection therewith are hereby made liens on said premises, but such liens shaH not continue
after default by the purchaser under this contract.
18. All fixtures and articles of personal property attached or appurtenant to or used in connection with said premises are repre~
sented to be owned by the seller, free from aU liens and encumbrances except as herein stated, and are included in this sale;
without limiting the generality of the foregoing. such fixtures and articles of personal property include plumbing, heating,
lighting and cooking fixtures. air conditioning fixtures and unitl ranges'lrefrigerators. radio and television aerials. bathroom
and kitchen cabinets, mantels, door mirrors, venetian blinds. snades, screens, awnings, storm windows. window boxes. storm
doors, mail boxes. weather vanes, Ragpoles. pumps, sbrubbery and outdoor statuary. Dishwasher, wall to
wall carpeting.
\lrthf~~uJr~~:'u~p:rt!xe~ aKess;~n~s~:~:r~ffaf8e:'~~ s~~rre~P~~a~!!is~lIer is obligated to pay and dis~
charge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the
option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with
interest and penalties thereon figured to said date are furnished by the seller at the closing.
20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge,
the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shaH simultaneously
either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and en.
cumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made
arrangements with the title company employed by the purchaser in advance of dosing, seller will deposit with said company
sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance
of title insurance to the purchaser either free of any such liens and encumbrances. or with insurance against enforcement of
same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of
title, agrees to provide at the closing separate certitled checks as requested, aggregating the amount of the balance of the
purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens
and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements.
21. If a search of the title discloses judgments, bankruptcies or other returns against other penom having name5 the same as or
similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank-
ruptcies or other returns are not against the seller.
22. In the event that the seller is unable to convey title in accordance with the terms of this,contract, the sole liability of the.seller
will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the
title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any
survey made in connection therewith incurred by the purchaser. and upon such refund and payment being made this contract
shall be considered canceled.
23. The deed sball be delivered upon the receipt of said paymenb at the office of Hurray Wei t:ma.n, Esq.
41 Front Street, Greenport, NY at 7,:00 P.M. o'clock on
-:r u....<
7.~ 19"&.
,
24. The parties agree that Dickin.on Real Estate Agency is the broker who
brought about this sale and the seller agrees to pay any commission earned tliereby. pursuant to separate
f9.rflW'/,~.Jthl'bod and agreed tbat all understandings and agreements heretofore bad between the parties hereto are merged
in this contract. which alone fully and completely expresses their agreement, and that the same is entered into after fuB investi~
gation. neither party relying upon any statement or representation. not embodied in this contract, made by the other. The
purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to
take title "as is" and in their present condition and subject to reasonable use, wear, tear, and natural deterioration between
the date thereof and the closing of title.
26. This agreement may not be changed or terminated oraBy. The stipulations aforesaid ate to apply to and bind the heirs.
executors, administrators, successors and' assigns of the respective parties.
27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be
construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires.
IN WITNESS WHEREOF, Ihis agreement has been duly executed by the partie. hereto.
In presence of:
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THIS AGREEMENT, made the \4~ day of April, nineteen hundred and
seventy six, between BETTY L. FI'I'lPATRICK, residing at 263 Cushing
Avenue, Williston Park, New York, hereinafter described as the party
of the first part, and WILLIAM L. JONES and MARGARET V. JONl!:S, his
wife, both residing at 107 West 21st Street, Huntington Station, New
York, hereinafter described as the party of the second part,
WI'INESSETH, &S follows I
The party of the first part, in consideration of One Dollar paid,
the receipt of which is hereby acknowledged, and of the conveyance
by the party of the second part hereinafter agreed to be made, hereby
agrees to sell and convey to the party of the second part, at a val-
uation, for the purpose of this contract, of Fifty Dollars ($50.00),
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, ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being at Southold,
" Town of Southold, County of Suffolk and State of New York, being
, bounded and described as follows I
BEGINNING at a point on the southwesterly line of the land of Peabody
and the northeasterly line of the land of Jones, said point lying
South 23 degrees 48 minutes 10 seconds East, a distance of 102.91 feet,
from a concrete monument set on the easterly side of South Harbor Road
Ii at the intersection of said easterly side of South Harbor Road with
"
" the southwesterly line of the land of Peabody and the northeasterly
line of the land of Jonesl
RUNNING THENCE South 73 degrees 20 II1nutes East, a distance of 35.86
feet, to the land now or formerly of Fordl
THENCE along the westerly line of said land now or formerly of Ford,
South 29 degrees 48 minutes 50 seconds West, a distance of 33.89 feet,
to the land of Jonesl
Ii THENCE along the northeasterly line of said land of Jones, North 23
degrees 48 minutes 10 seconds West, a distance of 43.38 feet, to the
,
'I point or place of beginning,
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:, Said description being according to a map dated April 30, 1974 pre-
pared by Van Tuyl & Son, Licensed Land Surveyors, Greenport, New York.
The party of the second part, in consideration of One Dollar paid, the
receipt of which is hereby acknowledged, and of the conveyance by the
party of the first part hereinbefore agreed to be made, hereby agrees
,. to sell and convey to the party of the first part, at a valuation, for
the purpose of this contract, of TWelve Hundred Fifty Dollars ($1250.00),
I
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" ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being at Southold,
Town of Southold, County of Suffolk and State of New York, being
bounded and described as followsl
BEGINNING at a concrete monument set on the easterly side of South
Harbor Road at the intersection of the easterly side of South Harbor
Road with the southwesterly linecf the land of Peabody ,and the north-
easterly line of the land of Jonesl
II RUNNING THENCE South 23 degrees 48 minutes 10 seconds East, a distance
of 48.91 feetl
THENCE North 73 degrees 20 minutes West, a distance of 31.75 feet, to
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the easterly line of South Harbor Road,
THENCE along said easterly line of South Harbor Road, North 16 degrees
40 minutes East, a distance of 37,21 feet to the point or place of be-
ginning,
Said description being according to a map dated Aprll 30, 1974 pre-
pared by Van Tuy1 & Son, Licensed Land Surveyors, Greenport, New York.
d
The difference between the values of the respective prellisea ,shall: bs
deemed, for the purpose of this contract, to be TWelve Hundred Dollars
($1200.00), and that sum shall be due and payable by the party of the
first part as follows I
One Hundred TWenty Dollars ($120.00), on the signing of this contract,
by check subject to collection, the receipt of which is hereby acknow-
ledged,
One Thousand Eighty Dollars ($1080.00), in cash or good certified
check to the order of the party of the second part on the exchange of
the deeds as hereinafter provided.
This contract is contingent upon the party of the first part acquiring
title within four months from the date of signing of this contract to
a certain piece of real property, adjacent to the parcels herein described
and presently owned by Avis L, Peabody,
The sale by each party includes all right, title and interest, if any,
of the seller in and to any land lying in the bed of any street, road
or avenue, open or proposed, in front of or adjoining the premises to
be conveyed to the center line thereof, and all right, title and interest
of the seller in and to any award made or to be made in lieu thereof and
in and to any unpaid award for damage to said premises by reason of change
of grade of any street, and each party will execute and deliver to the
other, on closing of title, or thereafter, on demand, all proper in-
struments for the conveyance of such title and the assignment and co1- i
1ection of any such award.
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Said premises of each party are sold and are to be conveyed also sub-
ject tOI
1. Zoning regulations and ordinances of the city, town or village
in which the premises lie which ars not violated by existing structures,'
2. Consents by the seller or any former owner of premises for the '
erection of any structure or structures on, under or above any street
or streets on which said premises may abut,
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Each deed shall be the usual bargain and sale with covenant against
grantor's acts deed in proper statutory short form for record and shall
be duly executed, aCknoW1sdged, and havs revenus stamps in the proper
amount affixed therto by the grantor thereof, at the grantor's expense,
so as to convey to the grantee thereof the fee simple of the said pre- '
mises conveyed thereby, free of all encumbta:nces and shall also contain
the covenant required by subdivision 5 of Section 13 of the Lien Law.
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Each party shall give and the other party shall accept a title such as
any reputable title company, a member of the New York Board of Title
Underwriters, is willing to approve and insure,
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If a search of the title discloses judgments, bankruptcies or other
returns against other persons having names the same as or ~imilar to
those of the respective parties hereto, such party will on request
deliver to the other party an affidavit showing that such judgments,
bankruptcies or other returns are not against the affiant.
In the event that either of theparties hereto is unable to convey
title in accordance with the terms of this contract, the sole liability
of such party will be to refund to the other party the amount, if any,
paid on account of the agreed difference between the values of the re-
spective pEemisas and to pay the net cost of examining such title,
which cost is not to exceed the charges fixed by the New York Board of
Ti tle Underwriters, and the net cost of any survey made in connection
therewi th incurred by the purchaser, and upon such refund and payment
being made this contract shall be considered cancelled.
The deeds shall be delivered and exchanged upon the receipt of said
payments at the office of Edward John Boyd V, Esq., Main Road, Southold, .
New York, at 2100 p. M. on June 23, 1976.
The parties agree that no broker or third party brought about this sale. I
It is understood and agreed that all understanding and agreements here-
tofore had between the parties hereto are merged in this contract, which'
alone fully and completely expresses their agreement, and that the same
is entered into after full investigation, neither party relying upon
any statement or representation, not embodied in this contract, made by
the other. I
This agreement may not be changed or terminated orally. The stipulation"
.. aforesaid are to apply to and bind the heirs, executors, administrators,
i! successors and assigns of the respective parties. The word "party"
. shall be construed as if it read "parties" whenever the sense of this
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IN WITNESS WHEREOF,
hereto.
In the presence ofl
this agreement has been duly executed by the parties!
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William L.
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