HomeMy WebLinkAboutCUSTER AVENUECERTIFICATE OF TITLE TO PREMISES OF
CHARLES A. GAGEN BEING CONVEYED TO
TOWN OF SOUTHOLD FOR PROPOSED HIGHWAY
TO BE KNOWN AS "CUSTER AVENUE"
I DO HEREBY CERTIFY to Town of Southold that I have
caused the title of Charles A. Gagen to the premises described
in SCHEDULE "A" attached hereto and in the Deed from Charles
A. Gagen to Town of Southold, dated October 10,
searched, and that a good and marketable title
veyed by Charles A. Gagen,
the Town of Southold.
1968, to be
can be con-
subject to zoning ordinances of
Dated at Southold,
New York
the~--'Say of October, 1968.
Attorney at La~ "z
SCHEDULE "A"
ALL that certain plot, piece or parcel of land, known as
Custer Avenue, situate, lying and being at Southold, in the
Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:-
BEGINNING at a point on the westerly line of Oaklawn Avenue
345.35 feet southerly along said westerly line from Pine Neck
Road; from said point of beginning running along said westerly
line of Oaklawq Avenue, South 6 degrees 12 minutes 00 seconds
West, a distance of 51.44 feet; thence South 82 degrees 37
minutes 10 seconds West, a dis tance of 392.06 feet; thence
North 5 degrees 25 minutes 20 seconds East, a distance of
51.27 feet; thence North 82 degrees 37 minutes 10 seconds
East, a distance of 392.78 feet to the point of beginning.
Upon reading and filing the dedication and release of
Charles A. Gagen dated October /~', 1968, duly acknowledged,
dedicating and.releasing the necessary land for the proposed
highway known as Custer Avenue, at Southold, in the Town of
Southold, County of Suffolk and State of New York, and more
particularly described in said deed of d~dication and release,
it is hereby
RESOLVED,
that consent be, and the same hereby is, given
that the Town Superintendent of Highways of the Town of Southold
make an order laying out the aforesaid Town Highway to cons~at
of the land described in said deed of dedication and release,
all in accordance with the provi~ons of the Highway Law of the
. Supe~r sor -
Jus t~9~ of.~e ~eaee
Justice of the Peace
CONSENT
Upon reading and filing the dedication and release of W. H.D. Realty
Corp. dated October 10, 1968, duly acknowledged, dedicating and releasing
the necessary lands for the proposed highways known as Caster Avenue,
Breitstadt Court, Mailler Court, C[earview Avenue and Landing Path,
designated on the map hereinafter referred to as "Road", at Southold~ in the
Town of Southold, County of Suffolk and State of New York, and more
particularly described in said deed of dedication and release, it is hereby
RESOLVED, that consent be, and the same hereby is, given that the
Town Superintendent of Highways of the Town of Southold make an order
laying out the aforesaid Town Highways to consist of the lands described in
said deed of dedication and release and designated on a certain subdivision
map entitled "Subdivision Plan - Smithfield Park, Southold, Town of
Southold~ Suffolk County, New York" filed in the Office of the Suffolk County
Clerk on December 27, 1966 as Map No. 4770, ail in accordance with the
provisions of the Highway Law of the State of New_Y_ork.
In the Matter of the Laying Out of five :
Town Highways in the Town of Southold, :
County of Suffolk and State of New York, :
known as Custer Avenue, Clearview :
Avenue, Breitstadt Court, Mailler :
Court and Landing Path, at Southold. :
:
ORDER
Pursuant to Section 171 of the Highway Law, and upon the annexed
consent of the Town Board of the Town of Southold, New York, and the
annexed deed of dedication and release from W. H.D. Realty Corp., it
being the owner of and corporation interested in the lands through which
said highways are proposed to be opened,
NOW, THEREFORE, I, Raymond C. Dean, as the Town Superintender
of Highways, of the Town of Southold, in the County of Suffolk and State of
New York, do hereby determine and order that five Town Highways known as-
Custer Avenue, Breitstadt Court, Mailler Court, Clearview Avenue and
Landing Path, designated on the map hereinafter referred to as "Road"° at
Southold, in said Town, shall be, and the same hereby are, t~id out in said
Town as particularly described in the annexed deed of dedication and
release from W.H.D. Realty Corp. dated October 10, 1968, all of said
highways or roads being shown and designated on a certain subdivision map
entitled "Subdivision Plan - Smithfield Park, Southold, Town of Southold,
Suffolk County, New York" filed in the Office of the Suffolk County Clerk on
December 27, 1966 as Map No. 4770.,//-~
,t//
Sup'eixintenc~er~t of Highways of
.the Town of Southold, New York
Upon reading and filing the dedication and release of
Charles A. Gagen dated October /~, 1968, duly acknowledged,
dedicating and,releasing the necessary land for the proposed
highway known as Custer Avenue, at Southold, in the Town of
Southold, County of Suffolk and State of New York, and more
particularly described in said deed of dedication and release,
it is hereby
RESOLVED, that consent be, and the same hereby is, given
that the Town Superintendent of Highways of the Town of Southold
make an order laying out the aforesaid Town Highway to consiat
of the land described in said deed of dedication and release,
all in accordance with the provisbns of the Highway Law of the
,,,,, ~ [~'~/'~ ,.
/ ~" , ', ~ Just2~ 'of the Peace
Justice of the Peace
TO ALL TO WHOM THESE PRESENTS SHALL COME,
or may concern:
GREETINGS: Know Ye, That W.H.D. REALTY CORP., a corpora-
tion organized and existing under and by virtue of the Laws
of the State of New Y~rk, having its principal office and
place of business at Southold, Suffolk County, New York, for
and in consideration of the Sum of One ($1.00) Dollar~ lawful
money of the United States of America, to it in hand paid by
TOWN OF SOUTHOLD, a municipal corporation in the County of
Suffolk and State of New York, the receipt whereof is hereby
acknowledged, has remised, released and forever discharged,
and by these presents does for itself, its successors and'
assigns, remise, release and forever discharge the said TOWN
OF SOUTHOLD, its successors and assigns, of and from all, and
all manner of action and actions~ cause and. causes of action,
suits, debts, dues, sums of money, accounts, reckoning, bonds,
bills, specialties, covenants, contracts, controversies, agree-
ments, promises, variances, ~espasses, damages, judgments,
extents, executions, claims and demands whatsoever, in law or
in equity, which against the said Town of Southold it ever
had, now has or which it, its successors or assigns, hereafter
can, shall or may have for, upon or by reason of any matter,
cause or thing whatsoever from the beginning of the world to
the day of the date of these presents, and particularly for
any damage that may be occasioned to the undersigned because
of the acceptance by said Town of Southold of certain lands
at Southold, in said Town of Southold, for the dedication as
public highways or roads called "Custer Avenue", "Breitstadt
Court", "Mailler Court", "Clearview Avenue" and 'X~Xt~f~;
"Road", all of said highways or roads being shown and designated on a
certain subdivision map entitled "Subdivision Plan - Smithfield Park,
So~thold', Towi5 of ~outhold, Suffolk County, -New York, filed in th'e Office
of the Suffolk County Clerk on December 27, 1966, as Map No. 4770.
IN WITNESS WHEREOF, the said W.H.D. REALTY CORP. has caused
its corporate seal to be hereunto affixed, and this instrument
to be signed by its President this /O~day of October, 1968.
W. H.D. REALTY CORP.
'~D~niel' T. ~mith) ~&sident'
STATE OF NEW YORK )
) SS:
)
COUNTY OF SUFFOLK )
On this /~day of October, 1968, before me personally
came Daniel T. Smith, to me known, who, being by me duly sworn,
did depose and say that he resides at Mechanic Street, Southold~
New York; that he is the President of W.H.D. REALTY CORP., the
corporation described in and which;~executed the above instrumenti
that he knows the seal of mid corporation; that the seal affixed!
to said instrument is such corporate seal; that it was so affixed
by order of the board of directors of said corporation, and that
he signed his name thereto by like order.
BENSSELA~R G. TEBRy, JR.
~OTARy PUBLIC, Stale of ~ew York
TO ALL TO WHOM THESE PRESENTS SHALL COME,
or may concern:
GREETINGS: Know Ye, That Charles Gagen,
A.
residing
at
Southold, Suffolk County, New York, for and in consideration
of the sum of One ($1.00) Dollar, lawful money of the United
States of America, to me in hand paid by TOWN OF SOUTHOLD, a
municipal corporation in the County of Suffolk and State of
New York, the receipt whereof is hereby acknowledged, has remisec
released, and forever discharged, and by these' presents do for
myself, my heirs, executors, successors and assigns, remise,
release and forever discharge the said TOWN OF SOUTHOLD, its
successors and assigns, of and from all, and all manner of
action and actions, cause and causes of action, suits, debts,
dues, sums of money, accounts, reckoning, bonds, bills, special-
varxances, ~espasses, damages, 3udgments, extents, executions, ·
clazms and demands whatsoever, in law or in equity, which agaznst
/
the said Town of Southold I ever had, now have or which I, or-
my heirs, executors, administrators, successors or assigns,
hereafter can, shall or may have for, upon or by reason of any
matter, cause or thing whatsoever from the beginning of the
world to the day of the date of these presents, .and particularly
for any damage that may be occasioned to the undersigned because
of the acceptance by said Town of Southold of certain land at
Southold, in said Town Of Southold, for the dedication as a
public highway or road called "Custer Avenue".
IN WITNESS WHEREOF,
his hand and seal this
the party hereto has hereunto set
/O~f~day of October, 1968.
L'~CH~le's A. ~gen)//
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS:
On this /O~day of October, 1968, before me personally
came CHAR!.RS A. GAGEN, to me personally known and known to
me to be the individual described in and who executed the
foregoing ins trument,
the same.
and he acknowledged that he executed
Description of premises known as "CUSTER AVENUE"
ALL that certain plot, piece or parcel of land, known as
Custer Avenue, situate, lying and being at Southold, in the
Town of Southold, Co6nty of Suffolk and State of New York,
bounded and described as follows:-
BEGINNING at a point on the westerly line of Oaklawn Avenue,
345.35 feet southerly along said westerly line from Pine Neck
Road; from said point of beginning running along said westerly
line of Oaklawn Avenue, South 6 degrees 12 minutes 00 seconds
West, a distance of 51.44 feet; thence Snuth 82 degrees 37
minutes 10 seconds West, a distance of 392.06 feet; thence
North 5 degrees 25 minutes 20 seconds East, a distance of
51.27 feet; thence North 82 de~rees 37 minutes 10 seconds
East, a distance of 392.78 feet to the point of beginning.
NOV
hiE. KUPP
HO~IE TITLE DIVISION
C OMPA3fl'
TrrLz No. (~.~.-.
CHICAGO TITLE INSURANCE COMPANY, in consideration of the fees, which are due and payable upon the delivery
of this certificate, certifies that the title to the premises described herein, and embraced in the application for insurance num-
bered as above has been examined by it and that the title thereto, clear of all encumbrances and defects, except as noted
below, is insurable at the date hereof, upon a good and valid conveyance or mortgage by
SEE FOLLOWER
This certificate is delivered in reliance on the representations made by the applicant and upon the understanding
that neither the applicant nor the party to be insured has any information or intimation of any defects, objections, liens, or
encumbrances affecting said premises, except those shown on said application and such as are ~hown below; and that the
Company's liability in any event under this certificate is limited to the issuance of a policy of title insurance in its usual
form for $. ,2 &O~. ~.0 ........ the amount stated in the application.
l .... FOUr... Mortgages. See Schedule within.
2. Returns on Tax Search. See Schedule within. To Follow.
3. Leases.
None of Record
Rights of present tenants, lessees or parties in possession.
4. Restrictive Covenants, Easements, Agreements and Consents.
Zoning ordinances, restrictions and regulations of the city, village or town in which the prem-
ises are situated.
Telephone Agreement in Liber 6239 cp 528 (Affects Streets)
Electric Agreement in Liber 6130 cp 102 £Affects Streets)
5. Survey. None:-
Except any state of facts an accurate survey
ma~, show.
6 .... No... Judgments and . . N.Cl ... Bankruptcies. See other encumbrances and defects.
7. Other Encumbrances or Defects. See Schedule within.
When this title is closed a policy of title insurance in this Company's usual form, excepting the facts shown on this
certificate and on continuations thereof to date of closing and not properly disposed of, will be issued in accordance with said
application upon payment of this Company's fees. If title is closed without the presence of this Company's closet' the policy
will farther except all estates, liens and encumbrances not properly disposed of created or recorded between the date of the last
continuation of this certificate and the recording of the instruments creating the insured estate or interest. This certificate
shall become null and void upon the delivery of the policy, and after the issuance of said policy no liability for loss or damage
will be assumed by the Company other than that arising under said policy.
Dated 9/12/68 9:00V~ltinued and redated Continued and redated
-Approved by F..K. Liebegott
who may be reached at PArk 7-4~j5.
eel
Authorized Signature
This report of title is intended [or lawyers only. Such exceptions as may be set [orth herein may a~ect marketability o[ title.
}'our lafoYer should be consulted be[ore taking any action based upon the contents o[ this report. The Company's representa-
tive at the closing hereunder may not act as legal advisor to any o[ the parties or draw legal instruments [or them. Such repre-
sentative is permitted to be o[ assistance only to an attorney. It is advisable to have your attorney present at the closing.
68-S-O4347
CERTIFI CAT ION
Title In:-
Title In:-
Title In:-
TH0~/~$ L. BARBER AND CATHERINE M. BARBER, HIS WIFE
by deed dated 8/28/67 and recorded 8/31/67 in Liber
6212 cp 499, made by W.H.D. Realty Corp. as to Lots
1 and 2 and one half of Clearview Avenue and the
road adjoining said lots.
WILLI;d'I B. HOEC~ER ~ND RUTH HOECHNER, HIS WIFE,
by deed dated 3/14/67 and recorded 3/16/67 in Liber
6127 cp 192, made by W.H.D. Rea%ty Corp. as to Lots
3 and one half of Clearview Avenue and the road
adjoining said lot.
B~JAMIN VOLINSKI ~D FLORENCE VOLINSKI, HIS WIFE,
by deed dated 6/8/67 and recorded 6/14/67 in Liber
6167 cp 292, made by W.H.D. Realty Corp. as to Lots
g and one half of Clearview Avenue adjoining said lot.
Title In:-
Title In:-
~SLEY BEDNOS~, JR. ~ND MARY L. BEDNOSk~Z, HIS WIFE,
by deed dated 9/2~/67 and recorded 9/2~/67 in Liber
6226 cp 413, made by W.H.D. Realty Corp. as to Lot
16 and one half of Clearview Avenue and Breitstadt
Court adjoining said lot.
EDWARD L. BUCKBEE AND ELIZABETH A. BUCKBEE, HIS WIFE,~
by deed dated ~/8/68 and recorded ~/10/68 in Liber
6346 cp 121, made by W.H.D. Realty Corp. as to Lot
18 and one half of Clearview Avenue adjoining said
Lot.
Title In:-
W.H.D. R~D~LTY CORPORATION~ by deed dated 7/22/66
and recorded 7/25/66 in Liber 5998 cp 560, made by
Daniel T. Smith, et al., as to the remainder of
the Streets.
MASTER COPY
TITLE No.
68-S-0~3~7
DESCRIPTION
ALL those certain Avenues, Courts and Roads, situate, lying and
being at Southold, Town of Southold~ County of Suffolk and State of
New York as shown on a certain map entitled, "Map of Smithfield Park"
filed in the Office of the Clerk of the County of Suffolk on December
27~ 1966 as Map NOn ~70~ bounded and described as follows:-
Deecription of Custer Avenue
BEGINNING at the northwest corner of Lot Non 12 as shown on a
certain realty subdivision map entitled, "Subdivision Plan - Smith-
field Park, Southold, Town of Southold, Suffolk County, New York"
filed in the Office of the Clerk of Suffolk County on December 27,
1966 as Map NOn g770, and running thence from said point of beginning
North 9 degrees ~0 minutes gO seconds East, along a realty subdivision
entitled "Fairview Park" filed in the Office of the Clerk of Suffolk
County on August 9, 1961 as Map No° 3388 50°00 feet to the land formerly
of DOT., GoH~ and WoBo Smith; thence easterly along said land formerly
of DoTo~ GoHo and WoBo Smith and now or formerly of C.Oo Christiansen
the following courses and distances: (1) South 80 degrees 19 minutes
20 seconds East lo20 feet; (2) South 77 degrees 33 minutes ~O seconds
East 302o10 feet; (3) South 8~ degrees g7 minutes East 129o58 feet;
(~) North 82 degrees 37 minutes 10 seconds East 211o68 feet to a
monument set in the westerly terminus of a road known and designated as
"South Street"; thence southerly along the westerly terminus of said
"South Street" to a point 50° feet distant at right angles from the
last mentioned point; thence westerly along the northerly terminus of
Mailler Court, said road being shown on aforesaid map of Smithfield Park,
to the northwesterly terminus of the arc of a curve connecting the south-
erly line of the herein described Custer Avenue with the westerly line
of aforesaid Mailler Court; thence westerly along the northerly lines
of Lot Non 23 and of No° 13, as shown on said map of Smithfield Park, ~
- Continued -
NOT INSURED. J
Fo~ Conveyancing} Trn3~'Illrr with all right, lit[e and info,cst ,f the party of the first part in and to the
Only. ) land lying in the strc.zts and ro:Ms in.front of and adjoining said premises.
M~STE~ COPY
TITLE No.
68-s-ob3~7
DESCRIPTION
the following courses and distances: (1) South 82 degrees 37 minutes
10 seconds West 111o21 feet (2) North 8~ degrees ~7 minutes West
138o26 feet; (3) North 77 degrees 33 minutes hO seconds West 78°83
feet; thence westerly along the northerly terminus of Breitstadt
Court, said road being shown on aforesaid map of Smithfield Park,
to the northwesterly terminus of the arc of a curve connecting the
southerly line of the herein described Custer Avenue with the west-
erly line of the aforesaid Breitstadt Court; thence North 77 degrees
33 minutes ~0 seconds West along the northerly line of Lot No° 12,
as shown on said map of Smithfield Park, 125o17 feet to the point
or place of BEGINNING°
Description of Breitstadt Court
BEGINNING at the northwesterly terminus of the arc of a curve
connecting the southerly line of Custer Avenue with the westerly
line of the herein described Breitstadt Court, said Custer Avenue
and Breitstadt Court being shown on a certain realty subdivision
map entitled "Subdivision Plan - Smithfield Park, Southold, Town
of Southold, Suffolk County, New York" filed in the Office of the
Clerk of Suffolk County on December 27, 1966.as Map Noo ~770, and
running thence from said point of beginning easterly along the
southerly line of said Custer Avenue to the northerly terminus of
the arc of a curve connecting the southerly line of Custer Avenue
with the easterly line of the'herein described Breitstadt Court;
thence southerly along Lot Numbers 13, 1~, 15, 16, as shown on said
map of Smithfield Park, the following courses and distances: (1)on
a curve to the left with a radius of 23o82 feet and a distance of
38°56
feet;
(~) on a curve
tance of 39°27
feet; (2) South 9 degrees hO minutes hO seconds West 257o~8
(3) South 20 degrees %1 minutes 30 seconds West lba5o97 feet;
to the left with a radius of 25°00 feet and a dis-
feet to the southeasterly terminus of an arc of a
- Continued -
NOT INSURED. )
For Conveyancing/ ~91,I[,li, r with all right, title and interest of the party of the first part m and to the
Only. } land lying in the streets and roads in front of and adjoining said premises.
MAS~ER COPY
TITLE No.
68-S-0~3~7
DESCRIPTION
curve connecting the easterly line of the herein described Breitstadt
Court with the northerly line of Clearview Avenue; thence westerly
along ~he northerly line of Clearview Avenue to the southwesterly
terminus of an arc of a curve connecting the northerly line of
Clearview Avenue with the westerly line of the herein described
Breitstadt Court; thence northerly along Lot Numbers 109 11, 12,
as shown on said map of Smithfield Park, the following courses
and distances: (1) on a curve to the left with a radius of 25°00
feet for a distance of 39°2? feet; (2) North 20 degrees 51 minutes
30 seconds East 1~2o08 feet; (3) North 9 degrees ~0 minutes~East
255°00 feet; (~)' on a curve to the left with a radius of 26°23
feet for a distance of 39o9~ feet to the point or place of BEGINN~
INGo
Description of Mailler~Court
BEGINNING at the northwesterly terminus of an arc of a curve
connecting the southerly line of Custer Avenue with the westerly
line of the herein described Mailler Court, said Custer Avenue
and Mailler Court being shown on a realty subdivision yap entitled
"Subdivision Plan - Smithfield Park, Southold, Towm of Southold,
Suffolk County, New York" filed in the Office of the Clerk of
Suffolk County on December 27, 1966 as Map No. ~770, and running
thence from said point of beginning North 82 degrees 37 minutes
10 seconds East along the southerly line of said Custer Avenue to
a point on the westerly line of tP~ land of S. Gagen; thence South
5 degrees 25 minutes 20 seconds West along the westerly line of
land of S. Gagen 109 feet, more or less, to the northwest corner
of Lot Noo 2~, as sho~ on said map of Smithfield Park; thence
Southerly along lot numbers 2~, 25, 26, 27 and 28, as shown on
said map of Smithfield Park, the following courses and distances: -'
(1) South 5 degrees 01 minutes ~0 seconds East 321o27 feet; (2)
on a curve to the right with a rad6us of 270°72 feet for a distance
-Continued -
NOT INSURED. I
For Conveyancing} ~.-blrlllrr with all right, litle and interest of the. party of the first part in and to the
Only. } land lying in the street~ anti roads in front of a:~d adjoiniug said premises.
MASTER COPY TITLE No. 68-s-o~3,~7
DESCRIPTION
of 177036 feet; (3) South 32 degrees 30 minutes 30 seconds West, 83.O1
feet; (~) on a curve to the left with a radius of 25000 feet for a
distance of 39°27 feet to the southeasterly terminus of the arc of
a curve connecting the easterly line of the herein described Mailler
Court with the northerly line of Clearview Avenue; thence westerly
along the northerly line of Clearview Avenue to the southwesterly
terminus of an arc of a curve connecting the northerly line of
Clearview Avenue withthe westerly line of the herein described
Mailler Court; thence northerly along Lot Numbers 19, 20, 21, 22
and 23~ as shown on said map of Smithfield Park, the following
courses and distances: (1) on a curve to the left with a radius
of 25°00 feet and a distance of 39°27 feet; (2) North 32 degrees
30 minutes 30 seconds East, 83.01 feet; (3) on a curve to the left
with a radius of 220°72 feet for a distance of 144o60 feet; (~)
North 5 degrees O~ minutes ~0 seconds West 399°52 feet; (5) on a
curve to the left with a radius of 2~.99 feet for a distance of
38.67 feet to the point or place of BEGINNING°
Description. of Clearview Avenue
BEGINNING at the southwest corner of Lot No. 10, as shown on
a realty subdivision map entitled, "Subdivision Plan - Smithfield
Park, Southold, Town of Southold, Suffolk County, New York", filed
in the Office of the Clerk of Suffolk County on December 27, 1966
as Map No. 4770, and running thence from said point of beginning
easterly along Lot No. 10, along the southerly terminus of Bretstadt
Court, along Lot Numbers 16, 17, 18 and 19, along the southerly
terminus of Mailler Court, and along Lot Numbers 28 and 29, said
lots and Courts being shown on said map of Smithfield Park, the follow-
lng courses and distances: (1) South 66 degrees OO(~East
11.39 feet; (2) South 69 degrees 08 minutes 30 seconds East 232°08
- Continued -
NOT INSURED. )
For ConveyancingI ~agrllit, r with all right, ~itle and interest of the party of the first part in and to the
Only. ~ land lying' in the streets and roads in front of and adjoining said premises.
MASTER'COPY TITLE No. 68-S-O~3~7
DESCRIPTION
feet; (3) on a curve to the right with a radius of 1030.23 feet
for a distance of 209.~8 feet; (~) South 57 degrees 29 minutes
30 seconds East 3~.90 feet; (5) on a curve to the left with a
radius of 3~8.70 feet for a distance of 1~7.87 feet; (6)
A
South 81 degrees 06 minutes ~0 seconds East 15.00 feet to the west-
erly terminus of Clearview Avenue, as heretofore laid out as a
public highway; thence South 6 degrees 12 minutes OD seconds West
along the westerly terminus of said Clearview Avenue 50.06 feet to
the northeast corner of Lot No. 1, as sho%~ on said map of Smith-
field Park; th6nce westerly along Lot No. 1 and 2, along the
northerly terminus of a road, and along Lot Numbers 3, ~, 5, 6, 7,
8 and 9, as shown on said map of SmitLfield Park, the following
courses and distances : (1) North 81 degrees 06 minutes $0
seconds West 17.35 feet; (2) on a curve to the right with a
radius of ~08.70 feet for a distance of 168.~8 feet; (3) North
57 degrees 29 minutes 30 seconds West 3~.90 feet; ~-~ on a
curve to the left with a radius of 980.23 feet for a distance of
19~.31 feet; (~) North 69 degrees 08 ninutes 30 seconds West
233.h5 feet to the easterly line of a realty subdivision ent~led
"Fairview Park" filed in the Office of the Clerk of SUffolk Couoty
on August 9, 1961 as Map No. 3388 thence North ? degrees ~0
minutes ~0 seconds East along the easterly line of said"Fairview
Park" 51.60 feet to the point or place of BEGINNING.
Decription of unnamed Road
BEGINNING at the northwest corner of Lot No. 2, as shown on
a certain realty subdivision map entitled "Subdivision Plan - Smith-
field Park, Southold, Towm of Southold, Suffolk County, New York"
filed in the Office of the Clerk of Suffolk County on December
27, 1966 as ~p No. ~770; and running ~henceLfrom said point of
beginning South 32 degrees 30 minutes 30 seconds West along said
Continued -
Nor INSURED. )
For Con¥¢yan¢ing/ ~n~'II~T with :311 rig'ht, lit[e and intel'CSt of tke party o1' the first part in and to the
. Only. I laad lying in ti~e streets and roads in iront of and adjoining said premises.
M~STER COPY
TITLE No.
68-S-04347
DESCRIPTION
Lot No. 2 2[1.75 feet to land of Lillian M. Howell; thence North
~? degrees 29 minutes 30 seconds West~ [0~0 feet along the land
of Lillian M. Howell to the southeast corner of Lot No. 3, as shown
on said map of Smithfield Park; thence North 32 degrees 30 minutes
30 seconds East along said Lot No. 3 2~1.?~ feet to the southerly
line of Clearview Avenue, said avenues being shown On said map of
Smithfield Park~ thence South ~? degrees 29 minutes 30 seconds East
along ~he southerly line of Clearview Avenue ~0.00 feet to the point
or place of BEGINNING.
NOT INSURED. )
For Conveyancing} ~,m3ell~rr with all right, title and intcrest oi the p;trty of the first part in and to the
Only. } land lying in tile strect~ ami road~ in front of and adjoining said premises. ~
68-S-04347
Mortgagor
Mortgagee
MORTGAGES
Daneil T. Smithy George Herbert ~mith and ~;iiliam
~~. Smith
Edith B. ~'.~altl~r
Amount $ 24~800.00 D~ted
Recorded 2/2/66
Prepayment privilege,
if any--see below
Due According to Bond
1/29/'66 Interest ' per cent payable
L4871 P 122 ( daysInt. ; daysInst.
Clauses:
Tax Pd. Paid ; days Taxes A. & W. ;
(Affects greater parts of streets and more)
Mortgagor
Mortgagee
Charles D. Christensen and Margaret L.
his wife.
The North Fork Bank and Trust Company
Chrlstensen~
Amount $ 7 ~ 809. O0 Dated 9/19/63 Interest
Recorded ~/2j/63 L 4206 P 146
Prepayment privilege, Tax Pd. ~es
if any--see below
per cent payable
days Int. ; days Inst.
; days Taxes A. & W. ;
Due Per Bond
(Affects a small part of Custer Avenue)
44'E-IOM -~67 (~c?.o Title l~,urance Comp~n~Home Tid, Div~fion 68-S-0~+347
Mortgagor
MORTGAGES
Benjamin Voiinski and Florence Volinski, his wife.
Mortgagee The North Fork Bank and Trust Company
Amount $ 15,000.00 Dated 9/22/67 Interest
per cent payable
Recorded 9/22/67 L 52313 P [~05 ( daysInt. ; daysInst.
Clauses:
Prepayment privilege, Tax Pd. ; days Taxes A. & W. ;
if any--see below
Due
(Affects Lot ~ and one half of Clearview Avenue
adjoining said lot).
Mortgagor YeSi~ey Bednosky Jr. and Mary L. Bednosky~ his wife
Mo~g~ Southoid Savings Bank
Amount $ 22,000.00 Dated 3/27/68 Interest per cent payable
Recorded 4/1/68 L 5353 P 2136 ( daysInt. ; dayslnst.
Clauses:
Prepayment privilege, Tax Pd. ; days Taxes A. & W. ;
if any--see below
Due
(Affects Lot 16 and one half of Ctearview Avenue and
Breitstadt Court adjoining said lot.)
68-s-04347
How Disposal Of
7. Other Encumbrances or Defects.
A. The Company does not insure that the buildings or other erections upon the premises herein
comply with State and Municipal laws, regulations and ordinances. Any departmental searches which
may be reported herein are furnished ~or information o~ly.
B. The identity of parties at the dosing of this title should be established to the satisfaction of
the closer and the affidavit in this certificate filled out, signed and sworn to.
C. No title to personal property will be insured nor has any search for chard mortgages been made.
D. Deeds and mortgages must contain the covenant required by Section 13 of the Lien Law and
such covenant must be absolute and not conditional. The covenant is not required in deeds from referees
or other persons appointed by a court for the sole purpose of selling property.
E. When the transaction is an assignment of a mortgage or other lien, an estoppel certificate
executed by the owner of the fee and by the holders of all subsequent encumbrances must be obtained.
When the transaction is a mortgage, the amount actually advanced should be ~ported to the Company.
F. If this application is for insurance under a master or blanket policy the following matters will
be excepted from coverage in the Certificate of Title Insurance to be issued hereon unless disposed of to
the satisfaction of the Company on or prior to dosing:
L Returns on tax search, as shown on schedule annexed.
2. Mortgages, as shown on schedule annexed.
3. Leases, as set forth herein.
4. Restrictive covenants, easements, agreements and consents, as set forth herein.
5. Survey exceptions, as set forth herein.
G. If the present transaction consists in whole or in part of a conveyance or lease by a corporate
grantor or lessor we will require the written consent thereto by all of the holders of the outstanding
shares of the said corporation and the instrument on closing should so recite.
In lieu thereof the consent of the holders of two-thirds of all of the outstanding shares entitled to
vote thereon obtained at a meeting duly noticed and "called for the purpose of 9btaining such consent in
the manner provided for in Section 605 of the Business Corporation Law is r~quired and the instrument
on closing should so recite.
If neither of the above is obtained, then, the proofs showing the basis upon which the conveyance
or lease is to be made must be submitted to counsel prior to dosing.
H. If the present transaction consists in whole or in part of the making of a new mortgage, we ~
require a certified copy of the resolution of the board of directors of any corporate mortgagor author-
izing the making of said mortgage.
Proof must also be shown that the consent of stockholders of the mortgagor corporation is not
required by its certificate of incorporation or amendments thereto for the making of said mortgage.
The mortgage should contain a recital showing that it was made and executed pursuant to the
resolution of the board of directors of the mortgagor.
I. Proof is required to show that
has not been known by any other name in the 10 years last past. If she has been known by another name,
all searches must be amended and run against such name and title is subject to returns, if any, on such
amended searches.
Continued
Other l~nc~mhrance~ or Defect~ (continued)
J. The exact distances, dimensions and locations of the
boundary lines of the premises herein described cannot
be guaranteed without a survey acceptable and approved
by the Law Department of this Company.
K. No personal inspection having been made by this
Company, policy will except any state of facts an inspec-
tion would disclose.
Possible unpaid franchise tax vs. W. H:D. Realty
ation to date
M. No tax search has been made.'
NOTE:-
Subject to four mortgages-should a call be required
in cmnection with this title, ~indly phone Mr.
Liebegott in our Riverhead Office at PArk 7-
CLOSING INFORMATION
Title
No
Closed by ............................................................................. Date Closed ................................................
Closed at the office of .....................................................................................................................................................................................
Parties Present: Interest in Transaction: Address:
The identity of the parties executing and delivering the closing instruments was established by
HAVE CONTINUATION OF SEARCHES BEEN RECEIVED
FROM DATE OF CERTIFICATE TO DATE OF CLOSING?
STATE OF NEW YORK
COUNTY OF
I reside at No.
I am the *
owner in fee simple of premises
and the grantee
O~ce of
my
Said premises have been in its
Afffi avit Iille
TITLE No .............................
,being duly sworn, says!
described in a certain deed of said premises recorded in the
County in Liber of Conveyances, page
my possession thereof has been
possession since 19 ; that its
peaceable and undisturbed, and the title thereto has never been disputed, questioned or rejected, nor insur-
ance thereof refused, as far as I know. I know of no facts by reason of which said possession or title might
be called in question, or by reason of which any claim to any part of said premises or any interest therein
adverse to me might be set up. There are no federal tax claims or liens assessed or filed against me
it it
There are no judgments against ?te unpaid or unsatisfied of record entere~ in any court of this state,
or of the United States, and said premises are, as far as I know, free from all leas~s, mortgages, taxes, assess-
ments, water charges, sewer rents and other liens and encumbrances except
Said premises are now occupied by
No proceedings in bankruptcy have ever been instituted by or against it in any court or before
have I
any officer of any state, or of the United States, nor has it at any' time made an assignment for the
benefit of creditors, nor an assignment, now in effect, of the rents of said premises or any part thereof.
*I am a citizen of the United States, and am more than 91 years old. I am by occupation
· I am married to who
is over the age of 21 years and is competent to convey or mortgage real estate. I was married to her on the
day of 19 . I have never been married to any other person now
living. I have not been known by any other name during the past ten years.
*That the charter of said corporation is in full force and effect and no proceeding is pending for its
dissolution or annulment. That all license and franchise taxes due and payable by said corporation have
been paid in full.
There are no actions pending affecting said premises. That no repairs, alterations or improvements .
have been made to said premises which have not been completed more than four months prior to the date
hereof. There are no facts known to me relating to the title to said premises which have not been set forth
in this affidavit.
This affidavit is made to induce
o[
to accept a on said premises, and to induce Chicago Title Insurance Com-
pany to issue its policy of title insurance numbered above covering said premises knowing that they will
rely on the statements herein made.
Sworn to before me this
day of , 19 ..........................................................................................
SETTLEMENT
CREDIT AS OF DEBIT
Paid on Signing Contract: Purchase Price,/.
Int. from to @ %
1st Mortgage held by
Int. from ~ %
m. d. Water Rates
~ddress Taxes
Rent from to
· '2nd Mortgage held by Insurance
Int. from ~ %
mo cl.
Address
P. M. B. 8e Mtg. to
Rent from to
Adjustment for Coal or Oil
Total Debit,
Total Credit brought over,
Taxes Balance paid
Assessments
Water Rates AddT Charges to Purchaser
.Total Credit, Examination Fee
Add'l. Charges to Seller: Drawing Papers
Drawing.. Papers Recording Fees
Recording Fees Mortgage Tax
StamPs Stamps
S~DI~IdO
~o.~._j
p loqq. noi~ $o
PIoq~nos $o t~oz - 'd~oo X~ImeE
&hghO-?~9 'oN
x~noD
NEW YORK BOARD OF TITLE UNDERWRITERS FORM IOOD
CHICAGO TITLE INSURANCE COMPANY
A STOCK CO/~PANY
in consideration of the payment of its charges for the examination of title and its premium for
insurance, insures the within named insured against all loss or damage not exceeding the amount
of insurance stated herein and in addition the costs and expenses of defending the title, estate or
interest insured, which the insured shall sustain by reason of any defect or defects of title affecting
the premises described in Schedule A or affecting the interest of the insured therein as herein set
forth, or by reason of unmarketability of the title of the insured to or in the premises, or by reason
of liens or encumbrances affecting title at the date hereof, or by reason of any statutory lien for
labor or material furnished prior to the date hereof which has now gained or which may hereafter
gain priority over the interest insured hereby, or by reason of a lack of access to and from the
premises, excepting all loss and damage by reason of the estates, interests, defects, objections,
liens, encumbrances and other matters set forth in Schedule B, or by the conditions of this policy
hereby incorporated into this contract, the loss and the amount to be ascertained in the manner
provided in said conditions and to be payable upon compliance by the insured with' the stipulations
of said conditions, and not otherwise.
In Witness Whereo], CHICAGO TITLE INSURANCE COMPANY has caused this policy to
be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory.
Issued by:
HOME TrrLE DIVISION
Main Office:
180 Fulton Street
New York, New York 10007
CHICAGO TITLE INSURANCE COMPAN'~.
Pre~d~it.
Secretary.
Number
68-S-04347
Name of Insured:
Date of Issue
November 12, 1968
Amount of Insurance
$2,000. O0
TOWN OF SOUTHOLD
The estate or interest insured by this policy is ~ SIMPLE
vested in the insured by means of
SEE FOLLOWER
SCHEDULE A
The premises in which the insured has the estate or interest covered by this policy is described on the description sheet
annexed.
SCHEDULE B
The folIowing estates, interests, defects, objections to title, liens, and
incumbrances and other matters are excepted from the coverage of this
policy.
1. Defects and incumbrances arising or becoming a lien after the date
of this policy, except as herein provided.
2. Consequences of the exercise and enforcement or attempted enforce-
ment of any governmental war or police powers over the premise~.
3. Zoning restrictions or ordinances imposed by any governmental body.
4. Judgments against the insured or estates, interests, defects, objeetlons,
liens or incumbrances created, suffered, assumed or agreed to by or with
the prlvity of the insured.
8.
5. Title to arty property beyond the lines of the premises, or title to ·
areas within or rights or easements in any abutting streets, roads, avenues,
lanes, ways or waterways, or the right to maintain therein vaults, tunnels,
ramps or any other structure or improvement, un]e~ this policy specifi-
cally provides that such titles, rights, or easements are insured. Notwith-
standing any provisions in this paragraph to the contrary, this policy,
unless otherwise excepted, insures the ordinary rights of access and egress
belonging to abutting owners.
6. Compliance by the buildings or other erections upon the premises or
their use with Federal. State and Municipal laws, regulations and
ordinances.
7. Title to any personal property, whether the same be attached to or
used in connection with said premises or otherwise.
Telephone Agreement contained in instrument recorded in Liber 6239 of Conveyances
Page 528 (affects streets).
9. Electric Agreement contained in instrument recorded in Liber 6130 of Conveyances
Page 103 (affects streets).
10. Any state of facts an accurate survey might show.
11. Any loss that may arise because of due and possibly unpaid taxes or sales.
12. Water charges, if any.
13.
The exact distances, dimensions and locations of the boundary lines of the premises
described in Schedule "A" cannot be guaranteed without a survey acceptable and
approved by the Law Department of this Company.
~//,~riz~d Signatory '
(c ont inued )
NOTE: ATTACHED HERETO
ADDED PAGES.
Policy Number 68-S-04347
DEED made by THOMAS L. BARBER AND CATHERINE M. B~_~BER, his wife, to the Insured dated
October 8, 1968 (as to Lots 1 and 2 and one half of Clearview Avenue and the road
adjoining said lots).
DEED made by WILLIAM B. HOECHNER AND PJ3TH HOECHNER, his wife, to the Insured dated
October 5, 196S (as to Lots 3 and one half of Clearview Avenue and the road adjoining
said lot ).
DEED made by BENJAMIN VOLINSKI AND FLORENCE VOLINSKI, hie wife, to the Insured dated
October $, 1968 (as to Lot 4 and one half of Clearview Avenue adjoini~ said lot).
DEED made by WESLEY BEDNOSKY, JR. AND MARY L. BEDNOSKY, his wife, to the Insured
dated 0ctoher 8, 1968 (as to Lot 16 and one half of Clearview Avenue and Breitstadt
Court adjoining said lot).
DEED made by EDWARD L. BUCKBEE AND ELIZABETH A. BUCKBEE, his wife, to the Insured
dated October 8, 1968 (as to Lot 18 and one half of Clearview Avenue ad~oining said
lot).
DEED made by W.H.D. REALTY CORPORATION to the Insured dated October 10, 1968 (as to
She remainder of the streets).
Policy Number 68-8-0434?
Policy Number
Schedule B continued)
14. No personal inspection having been made by this Company, policy will except any
state of facts an inspection would disclose.
· ga
CONDITIONS OF THIS
6. Co-Insurance and Apportionment
(a) In the event that a partial loss occurs after the insured
makes an improvement subsequent to the date of this policy, and
only in that event, the insured becomes a co-insurer to the extent
· hereinafter set forth.
If the cost of the improvement exceeds twenty per eentum of
the amount of this policy, such proportion only of any partial loss
established shall be borne by the company as one hundred twenty
per centum of the amount of this policy bears to the sum of the
amount of this policy and the amount expended for the improve-
ment. The foregoing provisions shall not apply to costs and attor-
neys' fees incurred by the company in prosecuting or providing
for the defense of actions or proceedings in behalf of the insured
pursuant to the terms of this policy or to costs imposed on the
insured in such actions or proceedings, and shall apply only to that
portion of losses which exceed in the aggregate ten per cent of
the face of the policy.
Provided, however, that the foregoing co-insurance provisions
shall not apply to any loss arising out of a lien or encumbrance
for a liquidated amount which existed on the date of this policy
and was not shown in Schedule B; and provided further, such co-
insurance provisions shall not apply to any loss ill, at the time of
the occurrence of such loss, the then value of the premises, as so
improved, does not exceed one hundred twenty per centum of the
amount of this policy.
(b) If the premises are divisible into separate, independent
parcels, and a loss is established affecting one or more but not all
of said parcels, the loss shall be computed and settled on a pro rata
basis as if this policy were divided pro rata as to value of said
separate, independent parcels, exclusive of improvements made sub-
sequent to the date of this policy.
(c) Clauses "(a)' end "(b)' of this section apply to mortgage
policies only after the insured shall have acquired the interest of
the mortgagor.
(d) If, at the time liabili/y for any loss shall have been fixed
pursuant to the conditions of this policy, the insured holds another
policy of insurance covering the same loss issued by another com-
pany, this company shall not be liable to the insured for a greater
proportion 'of the luss than the amount that this policy bears to
the whole amount of insurance held by the insured, unless another
method of apportiohing the loss shall have been provided by agree-
ment between this company and the other insurer or insurers.
7. A~slgnment of Policy
If the interest insured by this policy is that of mortgagee, this
policy may be assigned to and shall enure to the benefit of succes-
sive assignees of the mortgage without consent of this company or
its endorsement of this policy. Provision is made in the rate manual
of New York Board of Title Underwriters filed with the Super-
POLICY (CONTINUED)
intendent of Insurance of the State of New York on behalf of ibis
and other member companies for continuation of liability to grantees
of the insured in certain specific circumstances only. In no c/faun-
stance provided for in this section shall this company be deemed to
have insured the sufficiency of the form of the assignment or other
instrument of transfer or conveyance or to have assumed any lia-
bility for the sufficiency of any proceedings after date of this policy.
~. S~Jbrogaflon
(a) This company shall, to the extent of any payment by it of
loss under this policy, be subrogated to all rights of the insured with
respect thereto. The insured shall execute such instruments as may
be requested to transfer such rights to this company. The rights so
transferred shall be subordinate to any remaining interest of the
insured.
(b) If the insured is a mortgagee, this company's right of subro-
gation shall not prevent the insured from releasing the personal
liability of the obligor or guarantor or from releasing a portion
of the premises from the lien of the mortgage or from increasing
or otherwise modifying the insured mortgage provided such acts
do not affect the validity or priority of the lien of the mortgage
i.nsu..re.d. However, .the liability of this company under this policy
snail m no event be mcreased by any such act of the insured.
Any untrue statement made by the insured with respect to any
material fact, or any suppression of or failure to disclose any mate-
rial fact, or any untrue answer by the insured to material inquiries
before the issuance of this policy shall void this policy.
i0, No Waiver of Conditl~n~
This company may take any app.ropriate action under the terms
of this policy whether or not it shall be liable hereunder and shall
not thereby concede liability or waive any provision of this policy.
I I. Policy Entire Contract
All actions or proceedings against this company must be based
on the provisions of this policy. Any other action or actions or
rights of action that the insured may have or may bring against
this company in respect of other services rendered in connection
with the issuance of this policy, shall be deemed to have merged
in and be restricted to its terms and conditions.
12. Valklation and Modification
This policy is valid only when duly signed by a validating officer
or agent. Changes may be effected only by written endorsement.
If the recording date of the instruments creating the insurcd inter-
est is later than tlie policy date, such policy shall also cover
intervening liens or encumbrances, except real estate taxes, assess-
ments, water charges and sewer rents.
CONDITIONS OF THIS POLICY
1. Definitions
(a) Wherever the term "insured" is used in this policy it
includes those who succeed to the interest of the insured by opera-
tion of law including, without limitation, heirs, distributaes, devisees,
survivors, personal representatives, next of kin or corporate suc-
cessors, as the case may be, and those to whom the insured has
assigned this policy where such assignment is permitted by the
terms hereof, and whenever the term "insured" is used in the con-
ditions of this policy it also includes the attorneys and agents of
the "insured."
(b) Wherever the term "this company" is used in this policy
it means Chicago Title Insurance Company.
(c) Wherever the term "final determination" or "finally deter-
mined" is used in this policy, it means the final determination of
a court of competent jurisdiction after disposition of all appeals or
after the time to appeal has expired.
(d) Wherever the term "the premises" is used in this policy,
it means the property insured herein as described in Schedule A
of this policy, including such buildings and improvements thereon
which by law constitute real property.
(e) Wherever the term "recorded" is used in this policy it means,
unless otherwise indicated, recorded in the office of the recording
officer of the county in which property insured herein lies.
2. Defense and Prosecution of Suits
(a) This company will, at its own cost, defend the insured in all
actions or proceedings founded on a claim of title or encumbrances
Oot excepted in this policy.
(b) This company shall have the right and may, at its own cost,
maintain or defend any action or proceeding relating to the title
or interest hereby insured, or upon or under any convenant or
contract relating thereto which it considers desirable to prevent or
reduce loss hereunder.
(c) In all cases where this policy requires or permits this cum-
pany to prosecute or defend, the insured shall secure to it the right
and opportunity to maintain or defend the action or proceeding,
and all appeals from any determination therein, and give it all
reasonable aid therein, and hereby permits it to use therein, at its
option, its own name or the name of the insured.
(d) The provisions of this section shall survive payment by
this company of any specific loss or payment of the entire amount
of this policy to the extent that this company shall deem it neces-
gary in recovering the loss from those who may be liable therefor
to the insured or to this company.
3. Cases Where Liability Arises
No claim for damages shall arise or be maintainable under this
policy except in the following cases:
(a) Where there has been a final determination under which
the insured may be dispossessed, evicted or ejected from the prem-
ises or from some part or undivided share or interest therein.
(b) Where there has been a final determination adverse to the
title upon a lien or encumbrance not excepted in this policy.
(c) Where the insured shall have contracted in good faith in
writing to sell the insured estate or interest, or where the insured
estate has been sold for the benefit of the insured pursuant to the
judgment or order of a court and the title has been rejected because
of a defect or encumbrance not excepted in this policy and there
has been a final determination sustaining the objection to the title.
(d) Where the insurance is upon the interest of a mortgagee and
the mortgage has been adjudged by a final determination to be
invalid or ineffectual to charge the insured's estate or interest in
'the premises, or subject to a prior lien or encumbrance not excepted
in this policy; or where a recording officer has refused to accept
from the insured a satisfaction of the insured mortgage and there
.has been a final determination sustaining the refusal because of a
defect in the title to the said mortgage.
(e) Where the insured shall have negotiated a loan to be made
on the security of a mortgage on the insured's estate or interest in
the premises and the title shall have been rejected by the proposed
lender and it shall have been finally determined that the rejection
of the title was justified because of a defect or encumbrance not
excepted in this pol/cy.
(f) Where the insured shall have transferred the tine insured
by an instrument containing covenants in regard to title or warranty
thereof and there shall have been a final determination on any of
such covenants or warranty, against the insured, because of a defect
or encumbrance not excepted in this policy.
(g) Where the insured estate or interest or a part thereof has
been taken by condemnation and it has been finally determined that
the insured is not entitled to a full award for the estate or interest
taken because of a defect or encumbrance not excepted in this policy.
No claim for damages shall arise or be maintainable under this
policy (1) if this company, after having received notice of an
alleged defect or encumbrance, removes such defect or encumbrance
within thirty days after receipt of such notice; or (2) for liability
voluntarily assumed by the insured in settling any claim or suit
without the written consent of this company.
4. Notice of Claim
In case a purchaser or proposed mortgage lender raises any
question as to the sufficiency of the title hereby insured, or in case
actual knowledge shall come to the insured of any claim adverse
to the title insured hereby, or in case of the service on or receipt
by the insured of any paper, or of any notice, summons, process
of pleading in any action or proceeding, the object or effect of
which shall or may be to impugn, attack or call in question the
validity of the title hereby insured, the insured shall promptly
notify this company thereof in writing at its New York office and
forward to this company such paper or such notice, summons,
process or pleading. Delay in giving this notice and delay in for-
warding such paper or such notice, summons, process or pleading
shall not affect this company's liability if such failure has not
prejudiced and cannot in the future prejudice this company.
5. Payment of Loss
(a) This company will pay, in addition to the loss, all statutory
costs and allowances imposed on the insured in litigation carried
on by this company for the insured under the terms of this policy.
This company shall not be liable for and will not pay the fees of
any counsel or attorney employed by the insured.
(b) In every case where claim is made for loss or damage this
company (1) reserves the right to settle, at its own cost, any claim
or suit which may involve liability under this policy; or (2) may
terminate its liability hereunder by paying or tendering the full
amount of this policy; or (3) may, without conceding liability,
demand a valuation of the insured estate or interest, to be made
by three arbitrators or any two of them, one to be chosen by the
insured and one by this company, and the two thus chosen selecting
an umpire. Such valuation, less the amount of any encumbrances on
said insured estate and interest not hereby insured against, shall be
the extent of this company's liability for such claim and no right
of action shall accrue hereunder for the recovery thereof until
thirty days after notice of such valuation shall have been served
upon this company, and the insured shall have tendered a con-
veyance or assignment of the insured estate or interest to this
cumpany or its designee at such valuation, diminished as aforesaid.
The foregoing option to fix a valuation by arbitration shall not
apply to a policy insuring a mortgage or leasehold interest.
(c) Liability to any collateral holder of this policy shall not
exceed the amount of the pecuniary interest of such collateral
holder in the premises.
(d) All payments made by this company under this policy shall
reduce the amount hereof pro tanto except (1) payments made for
counsel fees and disbursements in defending or prosecuting actions
or proceedings in behalf of the insured and for statutory costs and
allowances imposed on the insured in such actions and proceedings,
and (2) if the insured is a mortgagee, payments made to satisfy or
subordinate prior liens or encumbrances not set forth in Schedule B.
(e) When liability has been definitely fixed in accordance with
the conditions of this policy, the loss or damage shall be payable
within thirty days thereafter.
CONDITIONS (Continued on Reverse ,Side)
:1 Well Detail
'EST HOLES
NO. 2
THE WATER SUPPLY AND ~EWAGE DISPOSAL FACli. ITIES FOR ALL
LOTS IN THIS DEVELOPMENT COMPLY WITH THE STANDARDS AND . -
REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTM~NEALTH. -
P.,h a L.S.
SUFFOLK COUNTY DEPARTMENT OF HEALTH
THIS IS TO CERTIFY THAT THE PROPOSED ARRANGEMENTS FOR
WATER SUPPLY AND SEWAGE DISPOSAL FOR "D.T.~ G.H. lB W.B. SMITH"
IN THE TOWN OF SOUTHOLD WERE APPROVED ON THE
ABOVE DATE. THIS APPROVAL SHALL BE VALID ONLY IF IHSTALL-
ATION OF WATER SUPPLY AND SEWERAGE FACILITIES ARE COM '
PLETED WITHIN ONE YEAR OF ABOVE APPROVAL DATE. UPON THE
EXPIRATION OF THIS CERTIFICATE OF APPROVAL~ APPLICATION
FOR RENEWAL SHALL BE SUBMITTED TO THE SUFFOLK COUNTY
DEPARTMENT OF HEALTH. APPROVAL OF THIS RENEWAL APPLIC-
ATION SHALL BE SUBJECT TO THE REQUIREMENTS IN EFFECT AT
THE TIME OF FILING SUCH APPLICATION.
CONSENT IS HEREBY GIVEN FOR THE FILINS OFTHE MAP ON
WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE CLERK
OF SUFFOLK COUNTY IN ACCORDANCE WITH 'SECTION 1118 OF THE
PUBLIC HEALTH LAW AND SECTIOH 2 OF ARTICLE VI OF THE
SUFFOLK COUNTY SANITARY CODE.
DIRECTOR, DIV. OF ENVIRONMENTAL SANITATION
CLEAf
AVE.
KEY MAP
SCALE= I" = 600'
--1
'ypical 2 Cesspool System
ROAD
~i0' ;IOO'
Cot \ ~ Lot
Typical Lot Layout
2 CESSPOOL SYSTEM
PROPOSED METHOD OF SEWAGE DISPOSAL AND WATER SUP
)ical 3 Cesspool System
PROPOSED METHOD OF SEWAGE
FOR LOTS I'9 INCLUSIVE
ROAD
I00'
Lot
Typical Lot Layout
~ CESSPOOL SYSTEM
DISPOSAL
ipical
NO. I
Bennett
B.A.
Thurm
~oss Section Typical 2 Cesspo
PROPO
Section - Typical 3 Cesspool
PROPOSED M
FOR L(
NECK
W. B. Smith
TER
$,84°47'E i
I .58' '
AVENUE
/4
/3
/5
/7
/8
/"TEST ~OLE'
NO. Z
TEST HOLE
S.84~
S.84~
2/
ROAD
Christionsen
2o .~
/9
S. Gagen
' 20" E.
S.84
25
26
S.SZ
29.92'
Bennett
B.A.
Thurm
'~. PI NE
CUSTER
35
4 VENUE
33
0
~l E. B. MOiller
D.T.,
CUs
0
/0
//
!2.52'
/3
/4
/5
NECK
96.
$.84o,
3O
8
2'
/8
)RP
KEY MAP
SCALE= I" = 600'
"THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAT HAS BEEN
APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD
BY RESOLUTION OF APPROVAL DATED /~"7" I* ~¢/c'r° '
BY ii, ,~--_-*- , CHAIRMAN
DATE ~: ~.~"* · , e / ~* ~'
"I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ME FROM ACTUAL
SURVEYS COMPLETED dULY 21, 1966 AND THAT ALL CONCRETE MON-'
UMENTS SHOWN THUS= HEREON ACTUALLY EXIST AND THEIR
POSITIONS CORRECTLY SHOWN AND THAT ALL DIMENSIONAL AND
GEODETIC DETAILS ARE CORRECT
ALDEN W. Y01.,~13~ PROF,E~SIONAL ENGINEER AND LAND
SURVEYOR, N,Y.~. LIC. NO. 12845, RIVERHEAD, N~.Y.
Subdivision Plon
SMITHFIELO
PARK
Southold
Town of Soufhold
Suff. Co., N.Y.
Scole: I" = I00'
:ol 3 Cesspool System
Typical Lot Layout
s CESSPOOL SYSTEM
~ROPOSED METHOD OF SEWAGE DISPOSAL
FOR LOTS 1'9 INCLUSIVE
Owner
Subdivider=
W. h. D. REALTY CaRP
MAIN STREET
SOUTHOLD, N.Y.
CLE,4RVIEw
---AVENUE
Cessr
PROPOSED
Fo
/8
-(
4 °" I
CLE,~
r-
(.3
7'
~ CONSI)ILT YOUR L.AWYER*dBEFORE SIGNING THIS INSTROMENT--THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY.
THIS INDF-N'I~RE, made the /0 ~ day of October , mnetcen hundred and,, sixty-eight
BET~/FFN CHARLES A. GAGEN, residing at Southold, Suffolk County,
New York,
partyofthefirstpart, and TOWN OF SOUTHOLD, a municipal corporation organized
and existing under and by virtue of the Laws of the State of New
York, having its principal offices at Greenport and at Southold,
in the Town of Southold, County of Suffolk and State of New York,
part)' of the second part,
WFFNF_~$ETH, that the party of the first part, in consideration of
ONE and no/100 - - - ($1.00) ........ dollar],
lawt'uI money of ~he L'nited States. and other good and valuable consideration, paid
by the party of the second part. does hereby grant and release ut~to Ibc party ~af the secoml part, thc heirs or
snccess~rs and assigns of the p;trty .f the sec.nd part f. rcw.r,
,known as Custe¥ Avenue,
Al.l. that certain plot, piece or parcel of land,~kX~~R~x~x~ s~iuate,
lying and beingj~cl.~ at Southold, in the Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the westerly line of Oaklawn Avenue,
345.35 feet southerly along said westerly line from Pine Neck Road;
from said point of beginning running along said Westerly line of
Oaklawn Avenue, South 6 degrees 12 minutes 00 seconds West, a
distance of 51.44 feet; thence South 82 degrees 37 minutes 10
seconds West, a distance of 392.06 feet; thence North 5 degrees
25 minutes 20 seconds East, a distance of 51.27 feet; thence
North 82 degrees 37 minutes 10 seconds East, a distance of 392.78
feet to the point of beginning. ~
TO~ETHER ~vith all right, lltle' and itm. rest, if any, of the party .f the fir~ part its and t. any streets and
fonds almttln!~ the ahove described premises to the center lira's thereof,
TOGETHER wiHt thc aplmrtenances and all tl~e estate and rights of the party of the first part in and
said pr,'mises,
'FO HAVE AND TO HOLD the premises herein granted unto the party of the second part, tile heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anythinff
wherehy the said premises have been incnmhered in any way wh:ttever, except its afnresaid.
AND the party of the first part, in compliance with Section 13 of tile Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purl~se of paying the cost of the improvement antl will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read attics whenever the sense .f this indtmtnre ~ requires.
ll~l WlTIhrp_~ Wl-IF~F_.OF, the party of the first part has duly execut~l this deed the day and year lirst above
wri~en.
STATE OF N-EW YORK, COUNTY OF SUFFOLK ) SS:
On the /o~"day of October, 1968, before me personally came
CHARLES A. GAGEN, to me known to be the individual described in
and who executed the within instrumen~.?and he acknowledged to me
that he executed the same.
No t ary~ub~
(n.s.)
~0
:!
\
0
..4
ALBERT MARTDI~ICHIA, CHAIRMAN
EDNA A. BI~rlWN
EDWARD W. FrI~
AUGUSTUS C. BARELLE
WENDELL B. TABOR
EDWARD F. FICKEI55EN
BOARD DF ASSESSORS
Si-iIJTHRLD~ N, Y. 11971
TEL.: SOUTHOLD ?65-BDBD
AREA E:ODE 516
October 22,1968
Southold Town Board
Lester M.Albertson, Supervisor
16 South Street
Greenport,New York
Dear Mr. Albertson:
A Road in Charles Gagen's development,
North East of Dan Smith's sub-Div.,Smith-
field Park,connecting the sub-Div, with
Oaklawn Avenue Ext.,now known as a Pri-
vate Road,running 392.72 feet in length,
is to he known as"Custer Avenue (Ext. East):'
There are 2 buildings on'it that will cover
the necessary assessment required by the
Town Formula,for this Road to be dedicated.
In Southold,School District % 5.
Very truly yours,
Albert Martocchia,Cahirman
Board of Assessors
AM:mc
c c:R.Dean
c c:R.G.Terry
November 8, 1968
Mr. Norman E. Klipp
County Clerk
Riverheed, L.X.,N.Y.
11901
Deer Mr. Klipp!
Enclosed herewith are the following
papers ~n relation to the roads dedicated to the
Town of Southold (Custer Avenue, Breitetadt Court,
Mailler Court, Clearview Avenue and ~anding Pa~h)l
Dedication and Deed, and releases from Thomas and
Catherine Barber, William and Ruth Roechner, Benj-
amin and Florence Volinlki, Wesley end Mary Bed-
noeky0 Jr, Edward and Slizebeth Buckbee, Edith
Mailler, North Fork Bank & Trust Company (Volineki) 0
Southold Savings Bank (Bednoeky, Jr.) a~ North
Fork Bank & Trust Company (Charles & Margaret
Christeneen).
Will you kindly record them in the
County Clerk Office end return to us. A check in
the amount of $65.50 is enclbse~=to cover fee.
Very truly yours,
Albert W. Richmond
AWe/mr Town Clerk
C
ALBERT MARTOOBHtA, E:HAIRMAN
EDNA A. BROWN
EDWARD W. FOX
AUGUBTUB [:. GARELLE
WENDELL B. TABDR
EDWARD F. FIE:KEIBBEN
BDARD DF ASSESSORS
SOUTHOLD, N. Y. 11971
September 23,1968
Town of Southold
Lester M.Albertson,Supervisor
16 South Street
Greenport,New York
Dear Sir:
The Assessments at Smithfield Park,
Sub-Division,School district 9 5,Southold,
New York meets the Town requirements in
assessments on buildings.
AM:mc
cc:D smith
Very truly yours,
Albert Martocchia,Chairman
Board of Assessors
PINE
NECK
ROAD
CUSTER
35
34
A V£N U£
E. B. Mailler
D.T, G H. B W. B. SmHh
/2
CUSTER
b,
/3
Id
II
C. 0 ~hrlshOnsen
S.84o47'E
AVENUE
TEST HOLE
e 2J
S 84e
22
31 /5
CLEA RVI EVIl
/8
30
8
/
TEST HOLE'
NO.2
4
3
2/
2O
/9
2
"sOUT H
S GageD
24
25
26
S.84
27
/
STREET"
R
Bennett
B.A.
Thurm ,
Cross Section - Typical 2 Cesspool System
ROAD
Lot
Typical Lot Layouf
B CESSPOOL SYSTEM
Typical
Well Detoil '
PROPOSED METHOD OF SEWAGE DISPOSAL AND WATER SUPPLY
C/ass Section - Typical 5 Cesspool System
ROAD
Typical Lot Layout
S CESSPOOL SYSTEM
PROPOSED METHOD OF SEWAGE DISPOSAL
fOR LOTS 1'9 INCLUSIVE
TEST
NO.[
o!
4.;
HOLES
NO S
3,0
Owner
Subdivider,
W H, B REAL~-Y CaRP
MAIN STREET
SOUTHOLD, N.Y.
THE WATER SUPPLY AND ~EWAGE DISPOSAL FACILITIES FOR ALL
LOTS IN THIS DEVELOPMENT COMPLY WITH THE STANDARDS AND
REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTM['NT OF HEALTH.
SUFFOLK COUNTY DEPARTMENT OF HEALTH
THIS IS TO CERTIFY THAT THE PROPOSED ARRANGEMENTS FOR
WATER SUPPLY AND SEWAGE DISPOSAL FOR "D.T ~ G.H. E~ W.S SMITH'
IN THE TOWN OF SOUTHOLD WERE APPROVED ON THE
ABOVE DATE THIS APPROVAL SHALL SE VALID ONLY IF INSTALL-
ATION OF WATER SUPPLY AND SEWERAGE FACILITIES ARE COM -
PLETED WITHIN ONE YEAR OF ABOVE APPROVAL DATE. UPON THE
EXPIRATION OF THIS CERTIFICATE OF APPNOVAL~ APPLICATION
FOR RENEWAL SHALL BE SUBMITTED TO THE SUFFOLK COUNTy
DEPARTMENT OF HEALTH. APPROVAL OF THIS RENEWAL APPLIC-
ATION SHALL SE SUBJECT TO THE REQUIREMENTS IN EFFECT AT
THE TiME OF FILING SUCH APPLICATtON,
CONSENT IS HEREBY GIVEN FOR THE FILING OFTHE MAP ON
WHICH THIS ENDORSEMENT APPEARS ~R THE OFFICE OF THE CLERK
OF SUFFOLK COUNTY IN ACCORDANCE WITH SECTION Ilia OF THE
PUBLIC HEALTH LAW AND SECTION 2 aF ARTICLE Vi OF THE
SUFFOLK COUNTY SANITARY CODE.
DIRECTOR~ DIV.OF ENVIRONMENTAL SANITATION
CLEARVIE
KEY MAP
SCALE. I" = GO0'
"TH~S IS TO CERTIFY THAT THIS SUBDIVISION PLAT HAS SEEN
APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD
" I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ME FROM ACTUAL
SURVEYS COMPLETED JULY 21~1966 AND THAT ALL CONCRETE MON-
UMENTS SHOWN THUS; HEREON ACTUALLY EXIST AND THEIR
POSITIONS CORRECTLY SHOWN AND THAT ALL DIMENSIONAL AND
GEODETIC DETAILS ARE CORRECT "
SURVEYOR~N.Y.~. LIC. NO. 12845, RIVERHEAD~
Subdivision Plon
SMITHFIELD PAl{I(
Southold
Town of Southold
Suff. Co., N Y
Scale: I" = IOO'
'% ......... 2- ...... '1o
Coo,~