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HomeMy WebLinkAbout1000-4.-5-1.7 NOTE- Coordinate .distarice5 are meo5ured from U.S -Coo and Geodetic Survey Triangulation Station "CH0C0MOl)N7-2" r . O ti BLOCK /6 L 07' 3 O 0 N395.95 y E 28/.09 - 118.61 �v � arc - arc _ monument AREA 0. /9t , "vacant land" monument S 5'/3'30"E Acres N 42 037'27"E 4I.09 44.97 F/ a �S'iyE arc s ll1.39 arc__80 /,$' ironpipe a monumen h LO/�jj� NO i M N354.97 Eli BLOCK /6 WO LOT 5 0 oa F l.P,�.y �: r, u;,�, M m N ` °= 0 CT 19 1997 o -2 SURVEY MAP OF PROPERTY TO BE CONVEYED BY GUARANTEED- TO. TICOR TITLE GUARANTEE COMPANY AND RAYMOND < �1 FISHERS ISLAND DEVELOPMENT CORP R. GARY IN ACCORDANCE W17H THE MINIMUM �, 10 STANGAROS FOR TITLE SURVEYS OF T,HE NEW �� �O. 049 � YORK STATE LAND TITLE ASSOCIATION SFO LA N'.D.S v�� RAYMOND B. GARY BLOCK'I6 FISHERS ISLAND, N. Y. Sco/e / =40 ft. Chandler, Palmer B King Norwich.. Conn. October/4, /986 P "L�N;I'pGB 'A T Wei' O` �SOU D 'TY Southold, N.Y. 11971 (516) 765-1938 November 27, 1987 Lynn Steinberg Hall, McNicol, Hamilton and Clark The News Building 220 East Firty-Second Street New York, NY 10017 Re: Raymond B. Gary Lot Line Change SCTM# 1000-4-5-1. 7 and 2 . 2 Dear Ms. Steinberg: The following action was taken by the Southold Town Planning Board, Monday, November 9 , 1987 . RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the lot line change for Raymond B. Gary located at Fishers Island, SCTM# 1000•-4-5-1 . 7 and 2 . 2 . If you have any questions, please don' t hesitate to contact our office. Very truly yours, �N E �SK�I I���) '�D , JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD HALL, McNICOL, HAMILTON & CLARK THE NEWS BUILDING DONALD E.McNICOL 220 EAST FORTY-SECOND STREET THREE LANDMARK SQUARE E.DOUGLAS HAMILTON SUITE 400 HARRY B.CLARK NEW YORK, NEW YORK 10017 ANTHONY B.BARTON STAMFORD,CONNECTICUT 06901 LAURENCE G.BODKIN,JR. (212) 682-3060 (2031327-5217 MARTHA F.COULTRAP THOMAS A.DUBBS 777 POST ROAD ELLIOT H.GOODWIN CABLE ADDRESS: "LANDWATER" RONALD S.HERZOG TELEX:649324-ICIYC-NYK DARIEN,CONNECTICUT 06820 PAUL M.McNICOL RAPICOM:(2121 490-3918 (203) 656-9522 MICHAEL J.MORIARTY BLAKE T.NEWTON,III 199 MAIN STREET ELAINE McNICOL POSTLEY CONSTANTINE P.RALLI#t WHITE PLAINS,NEW YORK 10601 KEVIN A.WALSH* (9141 997-6343 OF NSEL October . 1, 1987 THOMASUF.EGAN #ADMITTED TO PRACTICE JOHN E.LEMOULT* IN NEW YORK AND CONNECTICUT LAWRENCE H.REILLY* t ADMITTED TO PRACTICE IN FLORIDA FEDERAL EXPRESS Planning Board Town of Southold Suffolk County Southold, New York 11971 Re: Raymond B. Gary Lot Line Change SCTM # 1000-4-5-1. 7 and 2.2 Dear Sirs : Enclosed please find three original surveys dated October 14, 1986 titled Fishers Island Development Corp. to Raymond B. Gary for the Chairman of the Southold Town Planning Board' s endorsement. I trust this will effectuate the lot line change referenced above and the 0. 19+ acres to be conveyed to Mr. and Mrs. Gary will merge with Block 16 , Lot 5. Kindly confirm your receipt of the enclosed surveys by stamping a copy of this letter and return it to me in the envelope provided for your convenience. Very truly yours, Lynn Steinberg LS:nj Enclosures cc: Mr. Raymond B. Gary. Paul M. McNicol, Esq. RECEIVED BY ) � '��`' � �t 87 P. 'N;T, G O% D FILE T + SOU:, LD ,� Y3 S C. ' Y Southold, N.Y. 11971 (516) 7651-1938 August 3, 1987 Ms. Lynn Steinberg Hall, McNicol, Hamilton, and Clark The New Building 220 East Forty - Second:.,Street New York, NY 10017 RE: Raymond B. Gary lot line change SCTM # 1000-4-5-1. 7 and 2. 2 Dear Ms. Steinberg: The following action-.;was taken by-.the Southold Town Planning Board, Monday, July 27, 1987. RESOLVED that the Southold Town Planning Board approve the lot line. change for Raymond B. Gary located at Fishers Island, (East End) SCTM # 1000-4-5-1. 7 and 2. 2 to merge . 19 acres from land of Fishers Island Development Corp, , (FIDCO) to land of Raymond Be. Gary, said :.1.9 acres not to be considered a separate building lot; subject to: 1. Receipt of three original surveys dated October 14, 1986 titled Fishers Island Development Corp. to Raymond B. Gary, for the Chairman' s endorsement. If you have any questions, please don' t hesitate to contact our office. Very truly yours, ZQjLrU_bL Cx��, �L,��� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary I I " �I i 27 IUD Y 0 fl �(JA�Thl�/)L7L� s/�OUc U �l BoTN �I /LTD jf07��/ZED II I I I I j I� I i I �I i it I III it ICI I fl II II I� I� I� I I I I� I I I� I�I I.' i, I', FOUr LD Southold, N.Y. 11971 (516) 765-19.38 S� 2o, H87 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: x Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, site plan) Ca LOA- Cl'av"!�-� Hamlet �iSG�y1'S LS,at�U MATERIAL SUBMITTED: File # Suffolk County Tax Map No. 0 . QL Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other Comments: Very truly yours, �ENNETTORLOWSKI, JR. ,CHAI SOUTHOLD TOWN PLANNING--BOARD ,9 1 •4F HALL, McNICOL, HAMILTON & CLARK THE NEWS BUILDING DONALD E.McNICOL 22O EAST FORTY-SECOND STREET THREE LANDMARK SQUARE E.DOUGLAS HAMILTON HARRY B.CLARK NEW YORK, NEW YORK 10017 SUITE 400 ANTHONY B.BARTON - STAMFORD,CONNECTICUT 06901 LAURENCE G.BODKIN,JR. (212) 682-3060 (203) 327-5217 MARTHA F.COULTRAP THOMAS A.DUBBS ELLIOT H.GOODWIN CABLE ADDRESS: "LANDWATER" 777 POST ROAD RONALD S.HERZOG TELEX: 649324-ICIYC-NYK DARIEN,CONNECTICUT 06820 PAUL M.McNICOL MICHAEL J.MORIARTY RA PICO M:(212) 490-3918 12031 656-9522 BLAKE T.NEWTON,M - ELAINE McNICOL POSTLEY 199 MAIN STREET CONSTANTINE P.RALLIkt WHITE PLAINS,NEW YORK 10601 KEVIN A.WALSHk (914) 997-6343 OF COUNSEL THOMAS F.EGAN k ADMITTED TO PRACTICE T JOHN E.LEMOULTk IN NEW YORK AND CONNECTICUT July 8, 1987 LAWRENCE H.REILLY* t ADMITTED TO PRACTICE -.. IN FLORIDA EXPRESS MAIL Southold Town Planning Board Suffolk County Town Hall Southold; New York 11971 Re: FIDCO to Raymond B. Gary Lot Line Change Merger of 0. 19+Acres with Block 16 Lot 5 Dear Sirs : .On behalf of our client, Raymond B. Gary, I enclose herewith the following documents in connection with his application to have the Fishers Island property he is acquiring from Fishers Island Development Corp. (approximately 0 .19+ Acres) merge with Block 16 , Lot 5 which he presently owns : 1. A contract of Sale by and between Fishers Island Development Corp. and Raymond B. Gary (the "Contract") . Specific reference is made to paragraph 11 of the Contract setting forth the basis for the lot line change; 2 . Schedule A of the Contract setting forth covenants and restrictions affecting the land; 3. A letter executed by Mr. Gary regarding drainage, roads and grading; - RECEIVED BY SOUTHOID 11 BOARD JUL DATE � � T 4. A short environmental assessment form; 5 . An application for approval of plat; 6 . A check in the amount of $50 . 00 made payable to Planning Board Town of Southold representing the processing fee of the application; 7. Survey made for Raymond B. Gary, Block 16 , Lots 5 & 3 dated October 16 , 1986; and 8. Survey of Fishers Island Development Corp. to Raymond B. Gary dated October 14 , 1986 . Should you have any questions, please do not hesitate to call the undersigned or Paul M. McNicol collect at (212) 682-3060. We would appreciate your efforts to expedite the processing of this application. Kindly acknowledge receipt of the enclosed documents by stamping the enclosed copy of this letter and returning it to me in the self-addressed stamped envelope. Very truly yours , Lynn Steinberg LS :nj Enclosures cc: Mr. Raymond B. Gary Paul M. McNicol, Esq. George Browne, Esq. HALL, MCNICOL, HAMILTON & CLARK �4 SGB110 AGREEMENT made and dated , 1987 between FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, having its principal office in the City, County and State of New York (hereinafter described as the "Seller" ) ; and RAYMOND B. GARY and PRUDENCE G. GARY of 840 Park Avenue, New York, NY 10021, (hereinafter described as the "Purchaser") ; W I T N E S S E T H 1 . The Seller agrees to sell and convey, and the Purchaser agrees to purchase all that certain piece or parcel of land ,described in paragraph 2 hereof, with the improvements thereon, in the Town of Southold, Suffolk County, State of New York , being a part of that portion of Fishers Island belonging to the Seller (which portion is hereinafter called the "Park" ) lying on the east side of the shore of West Harbor . 2. The piece or parcel of land hereby agreed to be sold consists of the land described in the deed which will be delivered hereunder , a copy of which deed is annexed hereto as Schedule A and which land is sold subject to the covenants, restrictions and limitations set forth therein. Such land is also depicted as "Area=0. 19+ Acres" on a certain map or plow entitled "Plan of Property to be Conveyed b;:j Fishers Island Development Corp. to Raymond B. Gary Block f, ' gale: 1 - = a-:^ Fishers Island N.Y. October 14, 1986" and 1;:: :=;.:..;.; d by Chan( Palme & King, Norwich, Conn. �>> purchase price is One Thousan.r. '100th Dollars ($1,786 . 00) whi ash or certified check upon t+ he::eulnvn! . 4 . The Seller , on receiving such pay: ::.: : , shall execute aan deliver in recordable form, to the Purcha: or his assigns, a deed in the form annexed hereto as Schedule so as to convey to the Purchaser the fee simple of said premises, free of all encumbrances except as therein stated. 5. In the event the Seller is unable to convey insurable title in accordance with the terms of this Agreement , then the Seller shall be allowed a reasonable time thereafter not exceeding sixty ( 60 ) days within which to perfect title. If at the end of said time Seller is still unable to so convey title, then the Purchaser may elect to accept such title as Seller can convey, without modification of the purchase price, or may reject such title. Upon such rejection, this Agreement shall be considered cancelled and neither party shall have any further responsibility pursuant to this Agreement . 6 •- All costs and expenses related to the sale afiti 'f conveyance contemplated hereunder shall be borne by the RECEIVED BY SOUTHOLD TOWN PUNNING BOARD JUL 1 1987 -2- Purchaser including but not limited to the cost of the Seller ' s counsel and the cost of Seller ' s surveyor for developing recordable boundaries. 7. The Purchaser represents that he has not ' retained or in any way consulted with, any real estate broker to act on his behalf in connection with the purchase of the premises herein described and the Purchaser agrees to indemnify and save harmless the Seller against any liability by reason of the claim of any broker or agent for a commission on account of this sale, where it is alleged that said broker or agent showed said premises or called the premises to the Purchaser ' s attention or interested the Purchaser therein, said indemnity to .include all costs of defending any such claim, including reasonable attorney ' s fees. The provisions of this paragraph shall survive the closing. 8. Real property taxes and the annual maintenance charge provided in the annexed form of deed shall be apportioned over the fiscal year for which levied and as of the date of closing hereunder . If any of the premises consists of all or a portion of one or more ponds, a surveyor appointed by the Seller shall determine the acreage situated within such ponds and such acreage shall not be subject to the annual maintenance charge . The costs of such determination shall be borne by the Purchaser . 9 . The Purchaser further agrees with and represents to the Seller that he has examined the premises; that the Purchaser is fully satisfied with the physical condition thereof; that he shall accept the premises "as is" and in their existing condition; and that neither the Seller nor any representative of the Seller has made any representation or promise .,Jp n_ which the Purchaser has relied concerning the condition of :air e. operty covered by t'.`.s Agreement , except as herein may b;: ,P. i.bessly set fortk.. >; serstood and agreed that this va. A and any other schedules o. rrf body of this Agreement and at corik�;.ituti:s A. s= ..:itire contract between the part _�, and that no oral statements or promises, and no unde ng not embodied in this writing, shall be valid or bind. 11 . It is specially agreed that the premises described above will merge upon the conveyance thereof with existing parcel Block 16 Lot 5 which is owned by the Purchaser and become one parcel . This contract is contingent upon the Purchaser at his expense obtaining approval from the Southold Planning Board ( "Board" ) for this lot line change. The Purchaser agrees to pursue the same in good faith, with due diligence and to keep the Seller reasonably informed of the status thereof . In the event the Board denies such approval this Agreement shall be null and void of no further effect and both parties hereof shall be relieved of any further liability. 12. If this Agreement shall be recorded by the Purchaser , nothing herein contained shall operate to bind or cloud the title to the premises in case the Purchaser fails to fulfill the terms hereof ; and the Purchaser, in such case, does hereby irrevocably appoint and constitute the Seller as his agent and/or attorney-in-fact, to execute such instrument or -3- instruments as shall be necessary to remove this Agreement from record and/or to nullify any possible effect of the recording hereof. To that end, the Purchaser agrees to pay all costs and reasonable attorneys fees, incurred by the Seller in removing such cloud on title. 13. The deed shall be delivered at the office of Day, Berry & Howard, 3 Landmark Square, Stamford, Connecticut at 11 :00 a.m. upon a date within thirty ( 30) days of the approval by the Board set forth in paragraph 11 above. In the event there is no such approval by A(rg,- 1, 1987 the Seller shall have the right to terminate this Agreement with each party hereto having no further liability hereunder and in which event this Agreement shall be null and void. 14 . This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties . IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands, the day first above written. FISHER ISLAND DEVELOPMENT CORPORATION BY /\/ d ---�. �. Purchaser : and B. Gary ~LL eurchaser : Pru a s SCHEDULE A THIS INDENTURE, made the day of , nineteen hundred and eighty between FISHER ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co. , 1251 Avenue of the Americas, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and RAYMOND B. GARY and PRUDENCE G. GARY of 840 Park Avenue, New York, New York 10021, hereinafter called the grantee, party of the second part . WITNESSETH, that the party. of the first part, in consideration of One Thousand Seven Hundred Eighty-Six and no/100ths Dollars ($1,786. 00) lawful money of the United States paid by the party of the second part, does hereby grant and release unto the party of the second part and unto his heirs and assigns forever, ALL that piece or parcel of land, with the improvements thereon, in the Town of Southold., Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (which portion is hereinafter called the "Park" ) , said piece or ' parcel of land being bounded and described as follows : Beginning at a monument at the Northwesterly corner of the herein described tract, said monument being located 395 . 95 feet North of a point which is 281. 09 feet East of another monument marking the United States Coast and . Geodetic Survey "':;.iangulation S t a t .ran "CHC' > HUNT nd thence _9er , ,s .,: :..3 minutes 30 :ba ,... ,+� :z:_. _ an iron pipe AI :ight having us CA x ::Y: . 4 P>, . . A the direction o .-,,?hose at that point is South 19 degrees 31 „iinutes 10 seconds East; thence running Eastwardly following the arc of said curve 111 . 39 feet to a point of curve to the right having a radius of 513 . 34 feet and the direction of whose radius at that point is South 05 degrees 22 minutes 10 seconds West ; thence continuing Eastwardly and following the arc of said curve 80 .09 feet to a monument; thence North 42 degrees 37 minutes 27 seconds East 44 . 97 feet to a monument a a point of curve to the left having a radius of 553 . 34 feet and the direction of whose radius at that point is South 16 degrees 31 minutes 04 seconds. West ; thence running Westwardly and following the arc of said, curve 107 . 67 feet to a point of curve to the left having a radius of 296 . 42 feet and the direction of whose RECEIVED BY �OUTt101D DOWN PLANNING BOARD - -IYaffL -2- radius at that point is South 05 degrees 22 minutes 10 seconds West; thence continuing Westwardly and following the arc of said curve 116.61 feet to the monument at the point of beginning. Containing 0 . 19 acres, more or less. together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; • SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, , grants, and declarations of record or otherwise, if any, and easements for use of public utilities; and to all applicable laws and .r.2qulations of Federal , S Z: On � : fl: q i i:,"rver � F 'L-o the grantor ritrein "r;r ;. grant of the land and premises hereby conveyed easements and rights of way within a strip of land approximately five feet wide for the erection thereon of poles ' to support wires for the transmission of electricity for light , heat , telephone and other purposes , and for the construction, operation and maintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor shall have the right to release the premises above described from these particular easements and rights of way; _3_ PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the purpose of constructing repairing any such pole line, pipe line or conduit, it shall become the duty of the grantor, its successors or assigns, forthwith, at its or their own expense, to repair and restore the surface of the ground so disturbed to substantially the same condition as shall have existed before the time of such disturbance. The grantor hereby grants and conveys to the party of the , second part, his heirs and assigns , an easement for ingress to and egress from the premises above described over and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein b. r +veyec r"t'?k° un.i-e,�s�._: aably lengthen the distance :+; be .traveled 4 .A... �lS:fs7� she pram ses he in gr1 °l' A the NYy the second part and unto his heirs and assigns forever . PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are hereby entered into by the party of the second part by the acceptance hereof, his heirs and assigns, as a part of the consideration therefore : That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns , for private residential _q_ purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected, or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made to the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans ( including exterior " r color scheme, grading plan, planting plan and locatin plan) i which shall have been approved. in writing by the grantor , its successors or assigns . ocF. shall to? erectFoO =or m 0T.`Ained �L heret.y , Fr That the premises herein conveyed shall be kept free from any nuisance', and from any object or condition otherwise offensive to the. neighborhood, or dangerous to the health of trees or, other vegetation in said neighborhood . That from and after the date hereof , the grantee, his heirs , and assigns, by the acceptance of this deed, - covenants and agrees to gn g pay to the grantor , its successors or ass�r�ns : -5- (a) An annual basic maintenance charge of $25. 00 per acre of the premises hereby conveyed, such charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse; and (b) An annual supplemental maintenance charge in such amount (not exceeding $1,000) as may be determined from time to time ' by the board of directors of the grantor (or the person or persons having similar powers and duties with respect to the successors or assigns of the grantor)� said charge also to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor , and to the collection and disposal of garbage and,;other refuse. In establishing from time to time the amount of said annual a,lem)ey }ntal �e r ant charges may be made f x�4 11..5.t. ...tt.13.3..1j. ``0 0 ..,} j b•. 0 r 3�i 1:f fe ,: an : b s,a,; ,, ,. . .. _al .; s,,inten ay ance charge e ith -,},,,wpect to more parcel owned by the grantee in the 'Park" , provided, however, if any parcel owned by the grantee, . .his heirs, successors or assigns is an improved parcel , the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. -6- Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen ( 15) days of receipt of a written statement therefor . Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns, to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable for any failure -of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or. assigns, in which event any such liability shall be limited to the amount collected pursuant to the paragraph. And it is further covenanted and agreed that no right to the land covared by the waters of any pond on which said premises abut, y : �;4 .;he control. the ?.and coverr, runny r.. }; x�> water, z.e use _ _ :•,., + ; y', said waters , shall pass i``. ..;.s grant ; that t:e pb.�: ; y of the first part shall have the rigi,L to raise or lower the waters of said ponds and/or streams as may' from time to time be found expedient ; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons , and of the land under the same, shall be subject to the regulations of the party of the first part ; and the party of the first part hereby w .. K 77- reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee ' s own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer , if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property line of said premises . The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor . The grant :r knowingly per.cGv the water in ;;,; ,r y: .� water pond:::: ;rt. F- ::t } ;.,,s continguous or adjacent to saa. , ,. remises may be in any way polluted or rendered unfit for potable purposes . All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the land and premises hereby conveyed and all subsequent owners and occupants thereof, until April 15, 2005, and thereafter from term to term of twenty years upon the consent of the owners of a majority in acreage of all land within the "Park" : provided, however , that certain covenants and -S agreements contained in a deed from Fishers Island Corporation to William W. Galbraith and Katherine S. Galbraith dated November 4, 1927 and recorded in Liber 1317 at page 164 and in a deed from Fishers Island Corporation to Augustus Embury Palmer and Elizabeth Hepburn Palmer dated October 11, 1927 and recorded in Liber 1542 at page 497 and any other instrument from Fishers Island Corporation, its assigns or successors which provides that unless the premises therein conveyed shall be improved by the erection of a private residence for the use of one family only thereon as aforesaid, within three ( 3 ) years from the date of said deeds, the grantor, its successors or assigns, .shall have the right and or option ' of repurchasing the same upon the payment of the original purchase price thereof, without interest • and the grantee, his heirs or assigns, covenant and agree that he or they will execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, a reconveyance of said premises free and clear of any mortgage, taxes or other liens, charges or encumbrances st said . pre,T:, tir upon' h:, or tender of the amount ,. ti nal interest, are hereby All rights and of access, img ._xpressed, to the property herein convr.-, •.d shall be limited by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor , its successors or assigns . The rights reserved herein to the grantor , or to the grantor 's successors or assigns , and the consent or approval of the grantor, its successors or assigns herein referred to, shall _g_ enure to, mean or require only the right or act of the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporation holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor , its successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park" . The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where such. waiver or change shall - pply to and affect all the land within the "Park" which has ;:; conveyed gran ;^ n.ubject to the covenants and agr. .7 . bs y a4 t°.S::�-,venants ,and agreements may be: ,, onsent of the grantor or its s► aGL;u th:: . y ra` s;r: -t:sa2? owners (other than the grantor) : majority in acrsaye -0 all the land within the "Park" . PROVIDED, HOWEVER, that nothing in this deed contained shall limit the right of the grantor, its successors or assigns, to set apart such part of its lands, situated within the aforesaid "Park" , as it or they may deem suitable for golf courses , club houses, bathing beaches or other attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the "Park" other premises deemed suitable for the convenience -10- of the residents of the "Park" ' to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any. rights or interests in said lands. No appurtenant or other interest in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the, grantee herein, and it is expressly covenanted by the parties hereto that no rights , appurtenances, privileges. or personal advantages not herein expressed, run with or are attached ,to the land conveyed. The grantor covenants that the conveyance made hereunder is • made in the ordinary course of the grantor 's business . IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer >Y.�!y and year F;° :; t above. .-Itten. j ,R Eke#a'!' FISHERS IS CORPORATIO By Winthrop Rutherfurd, Jr W. C. Ridgway, III Secretary President Corporate Seal STATE OF NEW JERSEY ) COUNTY OF MERCER ss. On the day of 87, before personally came W. C. Ridgway, III t0 megknown, who,mbeing by me duly sworn, did depose and say that he resides at 174 Ocean Avenue, #34 , Sea Bright, New Jersey; that hcorporatione is the edescribed sident in and which executed the foregoing 'instrument; that he knows Fishers Island Development Corporatin, the of the seal of said corporation; that the seal affixed to said instrument is such corporate seal; he it was so affixed by order of the board of directors of Said corporation, and that he signed his name thereto by like order. Notary Public My commission expires: i July 8 , 1987 Southold Town Planning Board Town Hall Southold, New York 11971 Re: FIDCO to Raymond B. Gary Lot Line Change - Merger of Block 16 Lot 5 and portion of Private Road belonging to FIDCO Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned lot line change and its referral to the Suffolk County Planning Commission: (1) Specific reference is made to paragraph 11; of that certain contract of sale between the above-referenced parties , a copy of which is attached hereto- (2) No new roads are proposed and no changes will be made in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. You truly, jig, Raymond B. Gary RIEECEIVED BY SOU HI L TylbP-I�g1 B0AR0 DATE SGB110 AGREEMENT made and dated , 1987 between FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, having its principal office in the City, County and State of New York (hereinafter described as the "Seller" ) ; and RAYMOND B. GARY and PRUDENCE G. GARY of 840 Park Avenue, New York, NY 10021, (hereinafter described as the "Purchaser") ; W I T N E S S E T H 1 . The Seller agrees to sell and convey, and the Purchaser agrees to purchase all that certain piece or parcel of land ,described in paragraph 2 hereof, with the improvements thereon, in the Town of Southold, Suffolk County, State of New York , being a part of that portion of Fishers Island belonging to the Seller (which portion is hereinafter called the "Park" ) lying on the east side of the shore of West Harbor . 2 . The piece or parcel of land hereby agreed to be sold consists of the land described in the deed which will be delivered hereunder, a copy of which deed is annexed hereto as Schedule A and which land is sold subject to the covenants, .restrictions and limitations set forth therein. Such land is also depicted as "Area=0.19+ Acres" on a certain map or plow entitled "Plan of Property to be Conveyed by Fishers Island Development Corp. to Raymond B. Gary Block 16 Scale: 1 ' = 40 ft Fishers Island N.Y. October 14, 1986" and prepared by Chandler, Palmer & King, Norwich, Conn. 3. The purchase price is One Thousand Seven Hundred Eighty- Six and no/100th Dollars ($1,786 .00) which the Purchaser agrees to pay by cash or certified check upon the delivery of the deed hereunder . 4 . The Seller, on receiving such payment, shall execute and deliver in recordable form, to the Purchaser, or his assigns, a deed in the form annexed hereto as Schedule A so as to convey to the Purchaser the fee simple of said premises, free of all encumbrances except as therein stated. 5 . In the event the Seller is unable to convey insurable title in accordance with the terms of this Agreement, then the Seller shall be allowed a reasonable time thereafter not exceeding sixty (60) days within which to perfect title. If at the end of said time Seller is still unable to so convey title, then the Purchaser may elect to accept such title as Seller can convey, without modification of the purchase price, or may reject such title. Upon such rejection, this Agreement shall be considered cancelled and neither party shall have any further responsibility pursuant to this Agreement . 6. All costs and expenses related to the sale and conveyance contemplated hereunder shall be borne by the RECEIVED BY S U�THO L .1 O T�i PLANNING BOARD , 1987 DATE -2- Purchaser including but not limited to the cost of the Seller ' s counsel and the cost of Seller ' s surveyor for developing recordable boundaries. 7. The Purchaser represents that he has not retained or in any way consulted with, any real estate broker to act on his behalf in connection with the purchase of the premises herein described and the Purchaser agrees to indemnify and save harmless the Seller against any liability by reason of the claim of any broker or agent for a commission on account of this sale, where it is alleged that said broker or agent showed said premises or called the premises to the Purchaser ' s attention or interested the Purchaser therein, said indemnity to include all costs of defending any such claim, including reasonable attorney' s fees. The provisions of this paragraph shall survive the closing. 8 . Real property taxes and the annual maintenance charge provided in the annexed form of deed shall be apportioned over the fiscal year for which levied and as of the date of closing hereunder . If any of the premises consists of all or a portion of one or more ponds, a surveyor appointed by the Seller shall determine the acreage situated within such ponds and such acreage shall not be subject to the annual maintenance charge. The costs of such determination shall be borne by the Purchaser . 9 . The Purchaser further agrees with and represents to the Seller that he has examined the premises; that the Purchaser is fully satisfied with the physical condition thereof; that he shall accept the premises "as is" and in their existing condition; and that neither the Seller nor any representative of the Seller has made any representation or promise upon which the Purchaser has relied concerning the condition of any property covered by this Agreement, except as herein may be expressly set forth. 10 . It is understood and agreed that this written Agreement ' ( including Schedule A and any other schedules or any riders referred to in the body of this Agreement and attached hereto) constitutes the entire contract between the parties hereto, and that no oral statements or promises, and no understanding not embodied in this writing, shall be valid or binding . 11 . It is specially agreed that the premises described above will merge upon the conveyance thereof with existing parcel Block 16 Lot 5 which is owned by the Purchaser and become one parcel . This contract is contingent upon the Purchaser at his expense obtaining approval from the Southold Planning Board ( "Board" ) for this lot line change. The Purchaser agrees to pursue the same in good faith, with due diligence and to keep the Seller reasonably informed of the status thereof . In the event the Board denies such approval this Agreement shall be null and void of no further effect and both parties hereof shall be relieved of any further liability. 12. If this Agreement shall be recorded by the Purchaser , nothing herein contained shall operate to bind or cloud the title to the premises in case the Purchaser fails to fulfill the terms hereof ; and the Purchaser, .in such case, does hereby irrevocably appoint and constitute the Seller as his agent and/or attorney-in-fact, to execute such instrument or -3- instruments as shall be necessary to remove this Agreement from record and/or to nullify any possible effect of the recording hereof. To that end, the Purchaser agrees to pay all costs and reasonable attorneys fees incurred by the Seller in removing such cloud on title. 13. The deed shall be delivered at the office of Day, Berry & Howard, 3 Landmark Square, Stamford, Connecticut at 11 :00 a.m. upon a date within thirty ( 30) days of the approval by the Board set forth in paragraph 11 above. In the event there is no such approval by Algq 1, 1987 the Seller shall have the right to terminate this Agreement with each party hereto having no further liability hereunder and in which event this Agreement shall be null and void. 14 . This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands, the day first above written. FISHER ISLAND DEVELOPMENT CORPORATION By T Purchaser : 71w and B. Gary Purchaser : "Pru NWce G. Jr �' SCHEDULE A THIS INDENTURE, made the day of , nineteen hundred and eighty between FISHER ISLAND DEVELOPMENT CORPORATION, a corporation organized under the laws of the State of New York, with its principal place of business c/o Morgan Stanley & Co. , 1251 Avenue of the Americas, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and RAYMOND B. GARY and PRUDENCE G. GARY of 840 Park Avenue, New York, New York 10021, hereinafter called the grantee, party of the second part . WITNESSETH, that the party of the first part, in consideration of One Thousand Seven Hundred Eighty-Six and no/100ths Dollars ($1,786. 00) lawful money of the United States paid by the party of the second part, does hereby grant and release unto the party of the second part and unto his heirs and assigns forever, ALL that piece or parcel of land, with the improvements thereon, in the Town of Southold, Suffolk County, State of New York_, being a part of that portion of Fishers Island belonging to grantor (which portion is hereinafter called the "Park" ) , said piece or parcel of land being bounded and described as follows : Beginning at a monument at the Northwesterly corner of the herein described tract , said monument being located 395 . 95 feet North of a point which is 281. 09 feet East of another monument marking the United States. Coast and Geodetic Survey Triangulation Station "CHOCOMOUNT 2" and thence running South 5 degrees 13 minutes 30 seconds East 41 . 09 feet to an iron pipe ,at a point of curve to the right having , a radius of 256 . 42 feet and the direction of whose radius at that point is South 19 degrees 31 minutes 10 seconds East; thence running Eastwardly following the arc of said curve 111 . 39 feet to a point of curve to the right having a radius of 513 . 34 feet and the direction of whose radius at that point , is South 05 degrees 22 minutes 10 seconds West; thence continuing Eastwardly and following the arc of said curve 80 . 09 feet to a monument; thence North 42 degrees 37 minutes 27 seconds East 44 . 97 feet to a monument a a point of curve to the left having a radius of 553 . 34 feet and the direction of whose radius at that point is South 16 degrees 31 minutes 04 seconds West; thence running Westwardly and following the arc of said curve 107 .67 feet to a point of curve to the left having a radius of 296 . 42 feet and the direction of whose -2- radius at that point is South 05 degrees 22 minutes 10 seconds West; thence continuing Westwardly and following the arc of said curve 118.61 feet to the monument at the point of beginning. Containing 0 . 19 acres, more or less . together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises; SUBJECT to any state of facts an accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record or otherwise, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal, state and local governmental authorities; RESERVING to the grantor herein from the grant of the land and premises hereby conveyed easements and rights of way within a strip of land approximately five feet wide for the erection 'thereon of poles to support wires for the transmission of electricity for light , heat, telephone, and other purposes, and for the construction, operation and maintenance of pipe lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor shall have the right to release the premises above described from these particular easements. and rights of way; -3_ PROVIDED, HOWEVER, that whenever the surface of the ground shall be disturbed by the grantor, its successors or assigns, for the purpose of constructing repairing any such pole line, pipe line or conduit, it shall become the duty of the grantor, its successors or assigns, forthwith, at - its or their own expense, to repair and restore the surface of the ground so disturbed to substantially the same condition as shall have existed before the time of such disturbance. The grantor hereby grants and conveys to the party of the • second part, his heirs and assigns , an easement for ingress to and egress from the premises above described over and along such private roads as now or ,may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the location, route or grade of said roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to . the premises herein -conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part and unto his heirs and assigns forever . PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are hereby entered into by the party of the second part by the acceptance hereof, his heirs and assigns, as ,a part of the consideration therefore : That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns , for private residential -4- purposes only, and not otherwise, and there shall be erected thereon only a private residence for the. use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of .such homesites, .which are hereinbefore respectively designated as Homesites Nos . That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made to the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans ( including exterior color scheme, grading plan, planting plan and locat*n plan) i which shall have been approved in writing by the grantor, its successors or assigns . That no stable for live stock shall be erected or maintained on the aforesaid pr,emises .by the grantee, his heirs or assigns, and no libe stock shall be kept on any part of the property hereby conveyed. That the premises herein conveyed shall be' kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. That from and after the date hereof, the grantee, his heirs, and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor , its successors or assigns : -5- (a) An annual basic maintenance charge of $25. 00 per acre of the premises -hereby conveyed, such charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers, and gutters, and to the collection and disposal of garbage and other refuse; and (b) An annual supplemental maintenance charge in such amount (not exceeding $1,000) as may be determined from time to time by the board of directors of the grantor (or the person or persons having similar powers and duties with respect to the successors or assigns of the grantor) said charge also to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. In establishing from time to time the amount of said annual supplemental maintenance charge different charges may be made applicable to improved and unimproved parcels. In no event shall the -grantee, his heirs, successors or assigns be obligated to, pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park" , provided, however , if any parcel owned by the grantee, his heirs, successors .or assigns is an improved parcel , the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question, f -6- Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt .of a written statement therefor . Unpaid maintenance charges are hereby made liens on the premises: Nothing herein contained shall obligate the grantor, its successors or assigns, to maintain, repair or improve any roads,. sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant t.o the paragraph. And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or .to any of said waters, or to the use or control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams as may from time to time be found expedient ; and that the rights of the party of the second part. in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said ponds and/or streams, as the same may vary from time to time or be regulated by the party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part ; and the party of the first part hereby -7- {l l reserves to itself and its assigns all the water rights upon the 9 9 P remises hereby . P Y conveyed. Y } i The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee ' s own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer , if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property line of said premises . The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor . The grantee hereby covenants and agrees that he will not knowingly permit the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams continguous or adjacent to said premises may be in 'any way polluted or rendered unfit for potable purposes . All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the land and premises hereby conveyed and all subsequent owners and occupants thereof, until April 15, 2005, and thereafter from term to term of twenty years upon the consent of the owners of a majority in acreage of all land within the "Park" , provided, however , that certain covenants and -8- agreements contained in a deed from Fishers Island Corporation to William W. Galbraith and Katherine S. Galbraith dated November 4, 1927 and recorded in Liber 1317 at page 164 and in a deed from. Fishers Island- Corporation to Augustus Embury Palmer and Elizabeth Hepburn Palmer dated October 11, 1927 and recorded in Liber 1542 'at page 497 and any other instrument from Fishers Island Corporation, its assigns or successors which provides that unless the premises therein conveyed shall be improved by the erection of a private residence for the use of one family only thereon as aforesaid, within three ( 3) years from the date of said deeds, the grantor, its successors or assigns, shall have the right and or option of repurchasing the same upon the payment of the original purchase price thereof, without interest and the grantee, his heirs or assigns, covenant and agree that he or they will execute, acknowledge -and deliver, or cause to be executed, acknowledged and delivered, a reconveyance of said premises free and clear of any mortgage, taxes or other liens, charges or encumbrances against said premises upon the payment or tender of the amount of said original .purchase price, without interest, are hereby released. All rights and easements of access, implied or expressed, to the property herein conveyed shall be limited by and subject to such rules, regulations and restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or prescribed by the grantor, its successors or assigns . The rights reserved herein to the grantor , or to the grantor 's successors or assigns, and the consent or approval of the grantor, its successors or assigns herein referred to, shall -9- enure to, mean or require only the right or act of the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporation holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance may be at any time and in any manner waived or changed with the consent of the grantor , its successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park" . The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grantor subject to the covenants and agreements herein set forth, 'said covenants ,and agreements may be waived or changed with the consent of the grantor or its successors and the consent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park" . PROVIDED, HOWEVER, that nothing in this deed contained shall limit the right of the grantor, its successors or assigns, to set apart such part of its lands, situated within the aforesaid "Park" , as it or they may deem suitable for golf courses, club houses, bathing beaches or other attractions, and necessary buildings appurtenant thereto, .and also' the right to set apart in the "Park" other premises deemed suitable for the convenience =10- of the residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any. rights or interests in said lands. No appurtenant or other interest in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee herein, and it is expressly covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, run with or are attached ,to the land conveyed. The grantor covenants that the conveyance made hereunder is made in the ordinary course of the grantor 's business . IN WITNESS WHEREOF, the party of the first part has caused - its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND DEVELOPMENT CORPORATION By Winthrop Rutherfurd, Jr W. C. Ridgway, III Secretary President Corporate Seal -11- STATE OF NEW JERSEY ) COUNTY OF MERCER ) ss. On the day of 1987, before me personally came W. C. Ridgway, III to me known, who, being by me duly sworn, did depose and say that he resides at 174 Ocean Avenue, #34, Sea Bright, New Jersey; that he is the President of Fishers Island Development Corporatin, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; hat it was so affixed by order of the board of directors of aid corporation, and that he signed his name thereto by like order . i Notary Public My commission expires: r t ' 4-16-4(9184) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROTECT I.D.NUMBER DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) • ti �. Applicant/sponsor 2. Project Name Ra mond B. G r Lot..line change .3. Project location: Municipality Rout old County Suffolk 4. Is proposed action: ❑ New ❑ Expansion ® Modification/alteration 5. Describe project briefly: Pursuant to a contract of sale a licant is PP purchasing an area of 0. 19+ acres of Block 16' from Fishers Island Development Corporation which applicant requests be merged with Block 16 , Lot 5 which applicant presently owns . 6. Precise location(road intersections,prominent landmarks,etc.or provide map) Survey Map indicating 0.19+ Acres to be conveyed by Fishers Island Development Corporation to 'Raymond B. Gary attached 7. Amount of land affected: Initially acres Ultimately 1.9 2 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? El Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: 10. Does action involve a permit/approval,or.funding,now or ultimately, from any other governmental agency(Federal,state or local)? ❑ Yes © No If Yes, list agency(s)and permit/approvals 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes ❑ No If yes, list.agency name and permitlapproval type 12. As result of proposed action will existing permitlapproval require modification? ❑ Yes No I CERTIFY THAT THE INFORMATION P OVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Raymond G y ApplicanUsponsor name: Date: $7 Signature: e FTf the action is In the Coastal Area, and you are a state.agency, complete th(t Coastal Assessment Form before proceeding with this assessment OVER i NOTE- Coordinate d/3A7x s ore measured from U.S. Cooit and Geodetic Survey Trionpu/otion S/o/ion "CHOCOMOUNT2�� r O n BLOCK /6 LOT 3 v N395.95 C3 E29/.09 arc = 1/8.61 ' °mac =/p7 1"Mument AREA No /9 S 50 /3'30"E Acres N 42037 27"E mArw/f t 4/.09' 44.97 F arc ircnp� a/r'8p4f ,' ma�xaxn LO-' /VQ F 4 N35f9 �Jy Nj`C 473.31 cn y BLOCK /6 a LOT 5 �D CD SURVEY MAP OF PROPERTY TO BE CONVEYED BY �= c° FISHERSISLAIIlD DEl/ELOPA NT CORP. RAYMOND B. GARY BLOCK /6 FISHERS ISLAND, N. Y co%: / =40ft Chond r Pahwr B Kiny r Norwich, Conn. -000hher 14. IMS APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .. •lot line change and merger of 0:19+ Acres in Block 16 into Block 16 , Lot 5 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .... .... .. .... ..... . .. . Page . .. .. . . . . . . ... On Liber . .... ............ ....... Page . . . .. .. .... .. . . .... .. . On Liber ... .. .. .. .. .. .. .... . . .. . Page . .. .. .... .. .. .. .. .. .. . On Liber . .... . . .. .. .. .... ...... . Page . . . .. .. .... .. .. .. .. .. . On Liber . .... .. .... .. .......... . Page . . . .. .. .. .. .. .. . . .. ... On as devised under the Last Will and Testament of . .. . . .... .. .. . . .. . . .. .. .. .. . . . . . . . . ... . oras distributee . .. .. ........ ............ . . .. . . .. .. .. .. .. .. .. .. .. .. .. ........ . .. .. . . ... . .............. . . . .. . . .. . . . . .. .. .. .. .. .. .. .. ... ..... . .. . ... . . . . 5. The area of the land is ... .1:.92. . . . .. ... acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . . . .. . . . . . . . . . . ... . ..... .. .. . . .. .. . . . . .. .. . . . . . . .. . . .. . . . . .. .. . .. . . .. . . . . . . . 7. The land is encumbered by . .. . . ... . .. .. .. . . mortgage (s) as follows.: (a) Mortgage recorded in Liber . .. .. . . . . .. . . . Page . in original amount Of $. . . . . . . . . . . .. . unpaid amount $ . . . .. . . . . . . . . . . . . . . . . held by . . . . . . .. .. .. ... . .. . address . .. .... . ... . . . .. .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . (b) Mortgage recorded in Liber . . . . . . . . . Pane . in original amount of . .. . . . . .. . . . . . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held by . .. .. . . .. . . . . . . . . . . . . . . .... .. .. .. . . . address . . . .. .. . . .. ... .. . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . ,4. (c) Mortgage recorded in Liber Page . . . .. . . .. ....... in original amount of ... .... .. . ... . unpaid amount $. .. .. . . .. . . .. .. . . .... . held by .. .............. ....... ........... .... ....... address .. . . ......... . . . ... . .... 8. There are no other encumbrances or liens against the land except .. .. .. .. .. .. .... .. .. . . .. . . .... . . .. .... . . .. . . .. . . .. .. .. .... ............. ... ... 9. The land lies in the following zoning use districts . .. .. ,• . residential . ...... .. .. .. .. .. .. .. .. . . .. .. . . .. . . .. . . .. . . . . .. .. . . .. .. .. . . .. .. ........ . ... .... . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept ..... .. .. .... .. ... . .. ...... .. .. . . ... . . .. .. .. . . . . .. .. .. .. .. .. .... .. . .. ... . ... .. ... . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .. .. .. . . .. .. .. . . .. .. .. .. .. . . . . . . .. . . .. .. .. .. . . . . .. . . . . . . . . . . . 13. Water mains will be laid by . . . .. .. . . . . .. . . .. .. . . .. . . .. .. . . .. . . .. . . .. .. . .. . . . . . . .. . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. .. . . .... .. .... .. . . .. .. .. . . .. . . .. .. . ... • •• •• •• • • •• • • •• •• •• • •.. . .. . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 33.5 of the I:eal Property Law. 21. Submit a copy of proposed deed for lots show in- all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $.......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. .... ..... . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ....... .... .. .....�.... ..... 19 . X .... . ... . (Name pplicant) Rapmo d Gary By ... ...... .. ` . . . . . .. .. . (Signature and Titl (Address) . .. ..� ...r�. 1/. ...... . ... . STATE OF NEW YORK, COUNTY OF . .... . . . . .... .. .. .. .. .. . . .. .. .. .. ss: On the . . . .. . . . . .. .. .. . . . day of. .. .. .. . . .. .. .. . . .. . . .. . .. . . .. 19. .. . . .. before me personally came • •••• • • •• •• •• •• •• • • •••• •• • • • • •• •• •• .• •.. .. . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .. .. .. . . .. . executed the same. . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. . . .. . . . . . . . . . . .. . Notary Public STATE OF NEW YORK, COUNTY OF . . . .. .. . . . . . . . . .. .. .. .. . . .. . ss: On the . .. . . .. . . . . . . . . . day . .. .. . . .. . . . of . .. . . .. . . ... . .1 19. .. .. .. before me personally came • • • • • • • . . . . .. . . . .. . to me known, who being by me duly sworn did de- pose and say'that . .. . . . . .. .. . resides at No. . .. .. . . .. . . .. .. . . .. .. . . .. .. .. . . .. .. . .. .. . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . that . .. . . . . . . .. . . . . . . .. .. . . . . . is the . .. . . . . . . . . . . . . . . . . .. . . . . . . . of . . . .. .. . . .. .. .. . . . .'. . .. . . .. . . .. . . . . . . . . . . .. . . . . .. .. .. .. . . . .. . .. . . . . . . . . . . . the corporation described in and which executed the foregoing instrument; that . .. . . . . . . .. . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. :ir1A tli:it . . . . . . . . . . . . signed . .. . . . . . . . . .. . name thereto by like order. Notary Public. . . . . . . . . . . . . .. . . . . .: . . . . . . . . . . . . P -A�jVN D �. N Sid O TY Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Plannin-g Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes No . 4. Are there any other applications pending concerning this property before any other department or agency? (Town , State, County, etc. ) Yes No , 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No ` 6. Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if- yes please submit .a Copy of same Yes No I certify t at the above stat ments are true and will be relied on by th anning Boa in sidering this application. �- r 7/ 0787 Signatu e of`property owner or uthorized agent date Raymond Gary Attachment to questionnaire for:--the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the day of July 1987, before me personally came Raymond Gary to me known to be the individual described in;-arid who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public