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HomeMy WebLinkAboutDRAINAGE SUMPSBETWEEN WILLIA~ F. ABITZ, residing at l~attituck, Suffolk County, New York, party of the first part, and TOWN OF SOUTHOLD, a municipal' .corporation and a sub- division of the County of Suffolk and State of New York, party of the second par~ WITNESSETH, that the party ~ the fir~ part, ~ condd~a~on d One and 00/100 ........................ dolmr~ hwf~ m~ of the U~t~ Smt~, and other valuable consideration paid ~ the party of the s~d part, does he~ grant and r~ease unto ~e party of the se~nd part, itssuccessors ~d ~si~sforever. A£Z that parcel of land lying near Nattituck, Southold Town, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the easterly line of a proposed highway to be known as "Marlene Lane", 1418.44 feet southerly along said easterly line from its intersection with the southeasterly line of the Main Road; and running along land of the party of the first part on a line at right angles to said easterly line 'of "Narlene Lane", ~. 69° 20' 50" E. 157.09 feet to land of another; thence along said land of another S. 21° Ol' 50" E. 25.0 feet; thence along other land of ~he party of the first part on a line at right angles to said easterly line of n~arlene Lane", S. 69° 20' 50" W. 157.25 feet to said easterly line of "Marlene Lane"; thence along said easterly line of "~a~lene Lane", N. 20° 59~ lO" W. 25.0 feet to the point of beginning. streets and roads abutting the above described prcmlses to the center TOGETHER with the appurtezlances azl~pzrty o! the ~rst ~ iv, snd to --=-- ~.,, .u* ................ ...... v .......... ........ ~_t_~ ._._.~-,~m~ ~,, u.,, ,. -- ' ~--~ ~-'~-~ ..... '~--z~-v-o~ae-~'~l~"-------'"-------'--- with the ap¥ ~tenances and all the est,, ~ and rights TOGETHh~ the ,party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, its successors and assigns forever. AND the party of the first part cov~n, tz as follows: Fx~sT--That the party of the first part has not done or suffered an~h!.g whereby the said premises have been encumbered in any way whatever. SEcom~--That, in compliance with Section 13 of the Lien Law, the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration a~ a trust fund to be applied first for the purpose of pa~ing the cost of the improveme~t and that the party of the first part will apply the same first to the payment of the cost of the improvement before using auy part of the total of the same for any other purpos~ IN WITHES$ WHEREOF, the party of the first part has executed this deed the day and year first above written. I~' P~,~NC~ o's: ~ STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: Onthe // ~-"~'~'--dayof April , nineteen hundred and fifty-two ' , before me perso,~11y came William F. Abitz . · . .! tOacEeo~iknOed&= tth~tbe = iadividexEed thedeSje.bed ia and who executed the foregoing iastrument, and RECORDED MAY 26 1952 R. FORD HUGHES CLERK OF SUFFOLK COUN'F~ STATE OF NI~Y YORK, COUNTY OF On the c~r o~ before me ~r~ly ~e o nineteen hundred and to me known, who, being by me duly sworn, did depose and say tlmt he re~ides at No. ; that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal afl'need to said instrument is such corporate seal; that .it was .so affLxed by order of the Board of Directors of said Corporation, and that he signed h name thereto by like order. STATE OF NEW YORK. C:OUNTY OF ss.: On f_he day of , nineteen hundred ~ud before me personally came subscribing witness to the foregoing instrument, with whom I am person~l!y acquainted, who, being by me duly sworn, did depose and say that he resides at No. , that he knows to be the individual described in and who executed the foregoing instrument; timt he was present and saw execute the same, and that he, said witness, thereupon at the same time subscrl~-.d h name as witness 3357 IHDENTURE. mad~ ~he / l --~"clay o~ April, ~.e~.~..~re~G.d fifty-two. BETWEEN ANNE M. BAUM, residing at Peconic Bay Boulevard, Laurel, SUffolk County, New York, party of the first pan, a~d TOWN 0P SOUTHOLD, a municipal ~co~poration and a sub- division of the County of Suffolk and State of New York, ~rty of the second part, WlTNESSETH, that the party ~f the first part, in consideration of One and 00/100 ....................... dolh~ lawful money of the United States, and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors end a~signs forever. ALL that parcel of land lying near ~lattituck, Southold Town, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the easterly line of a proposed highway to be known as "Marlene Lane", 468.44 feet southerly along said east- erly line from its intersection with the southeasterly line of the }lain Road; and running along land of the party of the first part on a line at right angles to said easterly line of "~.arlene Lane", N. 69° ~0' 50" E. 147.3~ feet to land of another; thence along said land of another, S. ~lc ~9' 50" E. ~5.0 feet; thence along other land of the party of the first part on a line at right angles to said easterly line of"~,arlene Lane", S. 69c ~0' 50" W. 147.69 feet to said easterly line of "Narlene Lane"; thence along said easterly line of "l~.arlene Lane", N. ~Oc 59' 10" W. 25.0 feet to the point of beginning. TOGETHER with the a~ ~ ~e~am~ghts o~ the pm'fy of the first part iu and to said premises, ,' TOGETHER With the appurtenances and all the estate a.nd rights of , the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party ,of the second part, its successors and assigns forever, AND the party of the first part covenants as follows: Fms?--That the party of the first part has not done or suffered any~hi.g whereby the said premises have been encumbered in any way whatever. Srx:om)--That, in compliance with Section 13 of the Lien Law, the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the party of the first part will apply the same first to the payment of the cost of the improvement before usln~ any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first par~ has executed this deed the day and year first above written. STATE OF N~ YO~J[. COU-~f"~ OF SUFFOLK ss.: On the //~ day of April , nh~eteen hundred and fifty-two before me perso-~!!y came Anne M. Baum to me known to be the individual descn'bed in and who executed the foregoing instrument, and acknowledged that she executed the same. RECORDED MAY 26 1952 R. F(:~:) HUGHE~ · ,,LERK OI~[i]IFFOLK COuhrr~ STATE OF NEW YORK, COUNTY OF On the my o~ b~ore mo persoz~y c~e ss.: , nineteen hundred and to me known, who, being by me duly sworn, did depose and say that he resides at No. ; ~b~t he is the of the corporation described in and wlgch executed the foregoing instrument; thai he knows the seal of said 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 h name thereto by like order. STATE OF NEW YORK, COUNTY OF ss.: On the day o~ , nineteen hundred and be{ore me personally came subscribing witness to the foregoing instrument, with whom I am personMly acqualnt~, who, being by me duly sworn, did depose and say that he resides at No. , that he lmows to be the individual described in and who executed the foregoing instrtunont; that he was pr~ent and saw execute the same, and that he, said witness, thereupon at the same time subscribed h name as witness reason of the laylng out of the new highway. Being ell of the devisees na~ed in' the last: Will and Testament of GEORG~ H. deceased. . STAT]/ OF COUNTY OF SUFFOLK; '6n the /~ -~ day of April, 1B44) before me personally came KATHRYN N. WELL~; CAROL E.. WELLS,; 6IADY~ W. NERWIN; HERBEI/~ W. WELLS; ALICE B~ WELJ~ and ELI~ANNTH H. WB~, being all of the devisees named in 'the last Will and Teste merit of GEORGE H. ~'~ELLS, deceased, all~ of Southold, New ~York, personally known to me ~nd known to me to be the persons described in ~nd who executed the foregoing instrument and they severally ~cknowledged to me that they executed the same. THIS INDENTURE~ made the / ~7 ~ day of April , nineteen hundred and seventy-three, BE~A~/EEN MARy J. GRIGONIS, residing at Wells Avenue, Southold, Suffolk County, New York 11971, par~ oftbefirst part, agd TOWN OF SOUTHOLD, a municipal corporation in Suffolk County having its office and principal place of business at Main Road, S'outhold, Suffolk County, New York 11971, party of the second part, ~Waidl~b, .F~. ~l,. th}tffhe part~ of the first pa.. in eonslderatlon of Ten Dollars and other Yaluable consideration p uy me paay ot the secona part, does hereby grant and release unto the pa~y of the second pan, the heirs or sugqessors and assi~s of the·party of the second ~rt forever, ~nose ALl. ti g aX certain ~ot,~i~orp~celSofland, wlththe~_Eti~mpr~vementsthere~ ere~ed, sltuat~ lying~d bei~in:lSe in Sou%hold, Town of Southold~ Oo~y S~a%o of ~ow York, ~own and designs%ed as ~ovnlek LanD, Havpor Road Woa~, Pork Plaes, ~ainag, Avoa and ~hat portion of ex~ondlng from ~s northerly Se~ln~ sou~horly ~o ~%s lnto~soe~lon with Jerniok Lane, all as shown on Map of Ha~es$ Homos Estatos, Soetlon One, 8outholff, Suffo~ Oo~%y~ Now Yopk ownsd and dovoloped by Mary ~. 6rfgonis, survoy eomplo%ed Deeomb~r 16, 1968 Van Tuyl & Son, Licensed Land Surveyors and ftlod in tho S~folk Oo~y Gl~k's Offieo on 7/18/69 as Map No. 5337. TOGJ~THER with.all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER wi,th the appurtenances and all the estate add rights of the party of the first part in and to said premise~; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has no~ done or suffered anything whereby the said premises have been encumbered in an wa whatever AND the party of the first hart in .... " '-- ~ y' Y.~ . ~;except as aforesa,d.. · the first part will rece,ve the cons,deration for this conveyance and will hold th~'~:-k, -- t.hat the. party.o.f eration as a trust fund to be applied first for the purpose of paying the cost of the im rovement ' . the satne first to the pay,nent of the cost of the imnrovement beforo .--:-- , . ? . · and wdl appl3 any other purpose. ,- ; -~,.g an) part oI the total DJ the same for The word "party" shall be construed as if it read "parties" wbenever the sense of this indenture so requires. IN WITNESS WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. RECEIVED Mazy ,g. Grigor~l.o . , neT3 1977 BY soUTHOLD TOWtt~ r- HIGHWAY DEPARTMEN[ [ ~N WINI~ SA~, resid~g at (no n~er) Calves Neck Road, S~thold, New York 11971, individually and as Executr~ of the Last ~Wzll and Testament of F, Harold Sayre, deceased, a~ of ~efirst a~ ~d ' ' p y p , T0~ 0F S0~H0~, a ~zc~pal corporation organiz~g and existing ~der and by vitae of the laws of the State of N~ York havig its princiPal office and place of business at~thold, Suffolk C~nty, New York, 53095 Uain Road, 1000 S5C.. 0 7900 BLOCK Z~3oo LOT 46~o party of the second part, WITNF_..S~ETH, that the party of the first part, in consideration of ten dollars paid by the party o£ the second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of hnd, ~iirlt/lgX~~~wr~t~ situate, lying and being t~flMc at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Northfield Lane, 561.55 feet easterly along said southerly line from Dayton Road; being the northeasterly corner of land conveyed by the party of the first part to Rochford by deed dated February 21, 1978 and recorded in Liber 8398 of Deeds at page 187; from said point of beginning running along said southerly line of Northfield Lane, North 82 degrees 18 minutes 10 seconds East 35.0 feet to land of Ognibene; T~ENCE along said land of Ognibene, South 7 degrees 36 minutes 40 seconds East 156.42 feet to land of Koke; THENCE along said land of Koke, South 26 degrees 35 minutes 10 seconds West 86.0 feet to land of Reese; THENCE along said land of Reese, North 62 degrees 10 minutes 30 seconds West 30.43 feet to said land of Rochford; THENCE along said land of Rochford, North 2 degrees 41 minutes 10 seconds East 213.29 feet to the point of Beginning. Containing 0.234 ac re. This Deed is given for the correction of the description in a prior deed from Harold Sayre to the party of the second part dated August 7, 1962 and recorded in Liber 5234 of Deeds at page 200. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby 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 purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shaft be construed as if it read "parties" whenever the sense of thiS' indenture so requires. IN VCI-t'NE,.g~ %lgq-IEREOF, ihe party of the first part has duly executed this deed the day and year first above written. (Winifrdd Sayre, Indivzd~lly and as Executr~ of the I~st Will and Testament of F. Harold Sayre, Dec'd.) STA~ O~ NEW YORK, COUN~ O~ ~0~ On the ~y of July, 19 80, ~ore me perso~Uy ~e ~I~D S~.indfvfd~ll] and as Executr~ of ~st Wxll and ~esta- merit of F. Harold Sa~e, Deceased, to me ~own to be ~e in~Mdual d~b~ ia and who ~uted the forgoing instruct, and a~owledged that [~e~ted the s~e. ~ota~ ~blx~. REN~E~ER ~. ~ dR' Qualified in Suffolk Coun~ ~mi~n ~l;~ M~ 3~ 1981 STATE OF NEW YORK, COUNTY 01: ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , 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; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF as: 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. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h .name as wit~ess thereto. TITLE No. Quit£him ~etb M-3085 WINIFRED SAYRE, individually and as Executrix of Last Will and Testament of F. Harold Sayre, Deceased TO TOWN OF SOUTHOLD Dinributtd by THE TITLE GUARANTEE COMPAN1r :. SECTION 79 BLOCK 3 tOT 4.1 and 46 COUNTY OR TOWN Suffolk, SOUthold. $ D REAL ESTATE JUL 2 8 1980 'I:R:ANS FER TAX S~UF~O,L'K COUNTY I :;.x. _ ' t-~ o ',' ~ ~.~'~ ,r..-~..,,~).. ...k~¢. ~ .L ~ -- L~ ~"r~ · ~, .~. 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L.~,,,l[,.u .... , ,.. , ...... . ! .. . ,.. . ....... ... ~. ., .......... ,.., .......... ... ....:.~:,. . ...... ~ . . . . ~ . , . ,...,-- ' , ......... · ..... ',, .... ,,., ,. .t, .,. ;", ."t:.. o ~' '. * ... Ir ORDER LAYIN~ OUT A HIGHWAY WITH THg CONSENT OF TH]/ TOWN BOARD. Written' application having been made to me town superintendent of highwe,vm 'for the. Town of Southold~ Suffolk County, New york, by Kathryn N. Wells '~d others, persona ii'bls to be 'assessed fc~ highway taXes in said Town and the written consent of the Town Board of said Town havin~ been given as prescribed by law, and release from damases having been executed by the owners of the land through w~_ich the proposed highway is to be laid out, copy of which is hereto annexed, and nothing havins been paid to any claimant for such damages, it le: hereby ...... ORDEFd/D AND D~TEP.~/INI/D that a highway 'shall be and the same ia hereby, i' ~ut in said Town as follows:- Said highway is to b9 known as W~LLS The Easterly line is described aa follows:- BEOINNING at a point on the southerly line. of Main Road on the division line between land of Charles H. Becktold and land of Estate of Oeor~e H. Wells and running thence alon~ said division line, two courses, as follows:- 1. S. 15~ 45~ 10" ~. 571.78 feet; thence 2. N. ?0~ Z2! 20" l~. 149.59 feet to the southeasterly corner of lend of' said Charles H. Becktold and to land 5f L. Barron Hlll; thence alen~ said land of L. Barton Hill, two courses, as follow~:- 1. S. 20~ 55~ O0~! ~. ?75.08 feet; thence 2~ S. 19~ 09~ 10" U. 169.98 feet; t~ence alon~ other land of Estate of George H. Wells on a curve to the rl~ht whose radlus is Z49.59 feet a distance on said curve of 190.~3 feet; thence alon~ other land of Estate of George H. Wells, S. Z4~ 30~--50~ W. 84.0? feet; thence alon~ other land of Estate of George H. ~ells ce a curve to the left whose radius la 139.38 feet a distance on said curve o/' 198.30 feet; thence alon~ land of Estate of George H. Wells~ three courses, es follows:- 1. S. 5~o 00' O0" ~. 408.00 feet; thence 2. S. 49- 40~ 40" E. 76.~ feet; thence 3. S. 36~ 30' O0e E. 60.00 feet to the northwesterly corner of lot number 14 as sho~n on a map entitled, "Plan of Lots owned by George H. Wells situate at Southold, Suffolk Couflty, New York", dated Nov. 10, 1927 and flied in Suffolk County Clerk% Office Nov. 28, 1927 in File Number 859; thence alon~ the westerly line of Lot No. 14 on said map, S. ~3~ 25~ E. 55.0 feet; thence along the westerly line of lot No. I3 on said map, ~. 4~ 46~ 40" E. 55.0 feet; thence alon~ the westerly line of Lot No. 12 on,said map, S. Z4~ 25~ W. 100.0 feet; thence along the westerly line of Lot No. 11 on said map~ S; 41,31~40 72.63 feet'; thence alon~ the westerly.line of Lot No. 10 on said map, S. 50~'W. ?0.0 feet; thence along the westerly line of Lot No. 9 on said'map, $. 66.30~ W. ?0.0 feet; thence alon~ the northerly line of Lots Nos. 8,?,6 and on said map, $. 81. 40' W. 403.Zl feet; thence along the northerly llne of ILots Nos. 4, 3, 2 and I on said map, S. ?30 ZO' W. 380 feet to the easterly line iof Oak Lawn Avenue at a point about ~20 feet northerly from the shore of Jockey ~Creek. Said proposed highway is to be 50 feet wide exceptln~ opposite said south- easterly corner of land of Charles H. Becktold at which point said hig, hway is ~ldened by a curve to the right whose radius is 80 feet, beginnln~ on said southerly line 50 feet southerly from said land of C. H. Beck'told and runnin~ vn said curve a distance of 123.85 feet to a line 50 feet westerly from said land-of L. Barton Hlll, #hich prOposed layln~ out will pass through lands of the ~tate of George H. ~ells, only. y~, ' '~L - Dated th~s [~ dsy of .~1944. of Highways. TO THE TO~N SUPEHIh~ENDENT OF HIGH~ OF THE TO~.'J~ OF S~THO~, IN ~ CO~ OP S~ ~D STAT~ OF N~W YO~. ~e ~d~rsi~ed; liable to be ~sessod for hi~w~ taxes In ~he To~ of Southold~ h~reby apply to ~ to lay out a new hl~w~ at' S~thold,' in the To~ of Southold, Suffolk Co~ty~ Ne~ York, to be ~o~ as ~ t~N~, ~d described as Follows:~ The Easterly line ls described s~ follows.'- BNOINNIN~ at a point on the southerly line of Main Road on the division between land of Charles H. Becktold and land of Estate of Oeorge B..Wells~and runnin8 thence along said division line, two coumses, aa 'fGllows:- - . ~. N. 70~ ~t ~0" E. 149'.89 feet tothe southeasterly' corner of land of sal~ Charles H. Becktold and to land of L. Barton Hill; thence along said. land L. ~rron Hill, two courses, aa follows:- ~. S~ 19- 09~ IO"E. 189.98 feet; thence ~long other lan~ of Estate 'of ~eor~e H. Wells on e curve to the rig~ht whose radius is P.49.~9 feet a d~st~nce on said curve of 190.2~ feet; thence elon~ other lend of ~state of George ~. ~elle, ~. P~o ~0~ ~0" ~. 84.07 feet; thence alon$ other land of Estate of George H. ~ells on a curve to ~he left whose radius Is 1~9.~8 feet a distance on sei~ curve of 198.~0 feetj thence alon~ land of Estate of George H. ~ells, ~l~ea courses, as follows;- 1. S. ~7o 00' ~" ~. 408.00 feet; thence ~. S. 49~ 40~ 40u ~. 76.8B fee~ thence " ~. S. ~6~ ~0~ 00, N. 60.00 feet to ~he northweste~l~ corner of lot ~ber 14 as sho~m on e map entitled, "PI~ of Lots o~ned by George H. ~ells et Sout~ld, S~folk Cowry, Ne~ York", ~ted Nov. ~0, 19~7 ~d filed In Suffolk Cowry Clerkts Office Nov. ~8, ~9~7 In File N~ber 889; thance the westerly l~e of ~t No. 14 on said map, S. ~ ~St ~. 55.0 feet~ thence ~1o~ the ~esterly line of lot No. 1~ on said rap, S.4~ 46t 40" N. 55.0 feet; thence ~1o~ the ~esterl~ l~e of Lot No. ~ on said map, S. ~4e ~B' W. 100.0 feet; thence ~1o~ the ~esterly line of Lot No. 11 on said map, S. 41~1~40'' 7~.6~ feet~ thence elon~ the ~sterly line of ~t No.' 10 on said ~p, S. ~0~ ~. ?0.0 feetj t~nce alo~ the weste~i~ llne of Lot No. 9 on said ~p, S. 66~ ~Ot ~. ?0.0 feetj thence ~1o~ the northerly llne of Lots~ N~. 8, ?, ~ on s~d ~p, S. 81~ 40~ ~. 40~.~1 feet~ thence along the northerly line of Lots Nos. 4, ~, ~ ~d ~ on Said map, S. ?~ BO' ~. ~80 feet to the e~sterly llne of Oak La~ ~v~ue et a point abou~ ~0 feet northerly from ~he shore of Jockey Creek. ~id pro~sed hl~ay ~ to be ~0 feet wide except~ opposite said south~ easterly corner of l~d of ~rles ~. ~e~told at which point said highway is widened by e cu~e to the ri~t whose radius Is 80 feet, be~l~i~ on southerly line ~ feet ~utherly from said land of C. H. Becktold ~d ~nin~ on said curve a distance of 1B~.8~ feet to a llne 50 feet ~esterly from said l~d of L. Barton which prOposed laying out wlll pass through the land Of the Estate of George Wells. · .../2A.;, WI/, the undel's~ed, a majority of the Town Board of the Tom. o£ Southold, havln~ met at the office of the Supervisor, at Greenport, .tn sald Town, on the /~ ~ of ~1~, end co~ldered the appli~tion o~ Kathr~ N. Wells ~d others for the l~tn~ o~ of a new highway at Southold, To~ of ~ut~l~ S~folk Co~ty, New York, to be ~o~ ~ WELLS AVENUe, do hereby cogent t~t auch 1~ out be made In acco~ce wlth the p~ye~ of the wlthln petXtlon. Justices of the Peaeeo Superintendent of Hlg~aways. WE~ KATHRYN N. WELLS; CAROL ]/. WELLS; GLAD¥S W. ~R~N; ~R~. W. ALIC~ B. ~L~ ~ ELI~TH ~. ~L~ ~11 of So~thold, To~ of Southold; Suffolk Cowry, New YoPk~ be~ all of the devXse~s named Xn the last Will Test~ent of ~EOR~ R. ~S~ late of the To~ of 8outhold, dece~sed~ slderstl~ of the s~ of O~ DOLOR, to us ~n h~nd ~d by H~O~ PRICE, TO~ SUPERINTENDENT OF HIa~A~ of t~ To~ of Southold, ~d ~n ~her conside~t of the l~ylnE out of ~ new highway et Southold,' ~o~ of Southold, Suffolk ~o~ty New Yo~, to be ~o'~ as WE~S A~UE, ~d descPl'bed ~ follows:- - ~e Easterly line Is descrlbed as follows:- ~GI~ING at a ~lnt on the southerly line of Main Road on the between l~d of ~arles' Hi Becktold and land,of Estate of ~eorge H. Wells ~d running thence alo~ said division line, t~ co~ses, ~ follows:- 1. S. 1Se 4S~ 10~ E. 6~1.~8 feet; thence Z. N. ~0~ ~Z~ ZO~ E. 149.89 feet to the southeaste~l~ ~o~ne~ of lan~ ~les H. Be~ktold ~4 to land of L. Ba~on HIll; thence ~lon~ s~d l~d L. ~Pon H~ll, two ~u~ses, ss follows:- 1. S. ZOe SS~ 00" ~. 7~8.08 feet; thence ~. S. 19e 09~ lOt~E, lS9.98 feet; thence alons othe~ l~d of Estate of ~eo~e H~ Wells on ~ curve to the ~l~ht ~ose ~sdl~ Is Z49,59 feet ~ disrobe o~ s~d ~ve of 190.~$ feet; thence alo~ othe~ l~nd or Esr,re of ~se Wells, S. Z~e SO' 50" ~. 84.07 feet; th~e ~lons othe~ 1~4 of Estate of ~eorge H. Wells on s curve to ~he left ~hose ~ad~ua Is lS9.~8 feet , on said ~ve of 198.~ feet; thence alons 18nd of Estate of ~eo~e- H. Wells~ three ~o~ses, ~s fotlo,s:- 1. S. S~, 00' O0~ E. 408.00 feet; thence ~. S. 49e 40~ 40" E. ~6.8Z feet~ ~. S. ~6~ ~' ~" E. 60.~ feet to the no~th~este~l~ Co~ne~ of lot n~e~ 14 ,s shown on a map entitled, "Pi~ of Lo~s o~ed by ~eo~se ~. Wells situate ~t ~uthold~ Suffolk Cowry, Ne~ Yo~k", dsted Nov. 10, 19Z~ and filed In ' folk ~o~t~ ~e~k~s Office Nov. ~8, 19Z~, ~n F~le ~be~ 859; thence a~on~ the ~este~l~ llne .of Lot No. I4 on sa~d m~p, S. ~. ZS~ ~. 55.0 feet; thence ~lons the weste~l~ llne of lot No. 1~ on s~Id ~p, S. 4e 4~~ 40~ ~. 55.0 feet; thence alo~ the ~este~l~ line o~ Lot ~o. lZ on s~14 ~p, S. ~e ZS, ~. 100.0 feet; thence ~lon~ the ~este~l~ line of Lot No. 11 o~ s~ m~p~ S. 4lc ~1t 40 ~.6S reef; thence ~lon~ ~he ~este~l~ line of Lot No. 10 on s~i4 ~p, S. 50' W. ~0.0 feet; thence ~lon~ the ~este~ly line of Lot No. 9 on said S. 66e ~0~ ~. ~0.0 feet; thence ~lon~ the no~the~l~ line of Lots Nos. 8, 5 on s~d ~p~ S. 81. 40' ~. 40S.Zl feet~ thence alon~ the no~the~l~ l~n~ of Lots Nos. 4, $,Z ~d 1 on sa~d map, S. 7~e ZO~ W. ~80 reef to the e~ste~l~ l~ne ~f O~k La~ Avenue a~ ~ point shout ZZO fee~ no~the~l~ F~m the sho~e Of ~o~ke~ :~eek. ~Id p~oposed hl~ ls to ~e ~ fee: wl~e ex~ept~ opposite s~ south- ,idled by ~ ~ve to the ~lSht v~ose ~,dius is 80 feet, be~lnnl~ on ~outhe~ly line ~ feet. southerly f~m s~d land of C. ~. Be~ktold ~d ~nn~n~ ~n ss~d ~ve ~ dlstanee of lZS.85 feet ~o a l~ne SO feet westerly f~om [~n4 oF L. B~o~ ~11~ which proposed new highway will be known as ~ELLSAV~UR and wlll pass through the lands of the George H. Wells Estate only, do hereby dedicate and release to the Tovm of Southold, all land heretofore owned by us and Included within the premises above described, and do hereby release s~ld To~m f~om all damages by O PARCEL A ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at point which is on the westerly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: 1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of Southold the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) South 8 degrees 06 minutes 30 seconds East 38.31 feet, thence along land of William W. Schriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 114.16 feet, (2) North 0 degrees 38 minutes 00 seconds West 47.28 feet and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of beginning, containing 0.1311 acres. District: 1000 Sec: )25 oo Block Lot: p. oo16.0-5 CONSULT TOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD RE USED RY LAWYERS ONLY THIS INDENTURE, made the /~ day of , nineteen hundred and May seventy-~ine BE'I~VEEN WILLIAM W. SCHRIEVER, residing at (no #) Main Road, Orient, New York, 'party of the first part, and THE TOWN OF SOUMHOLD, a Mu~cipal Corporation of the State of New York having its principal place of business at 53095 Main Street, Southold, New York, t~y of ~e second pa~, WITNFe~SETH, that the paRy of the first part, in consideration of t~ dollars and other Valuable conside~tlon paid ~ the paRy of the second paR, does hereby grant and release unto the paRy of the second ~, ~e hei~ or successors and assi~s of the paRy of the second ~rt forever, ALL ~at certain plot, piece or parcel of land, with the buildings and improvements thereon ere~ed, sit~tg lyingand~ing~ a~ Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at a point which is on the ~esterly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: 1) North 1 degree 47 minutes 30 seconds East 268.55 feet; 2) North 8 degrees 06 minutes 30 seconds West 195.27 feet proceeding along land of the Town of Southold the following two courses: 1) South 82 degrees 32 minutes 20 seconds West 100 feet; 2) South 8 degrees 06 minutes 30 seconds East 38.31 feet; THENCE along land of William W. Schriever the following three courses: 1) South 87 degrees 47 minutes 30 seconds West 114.16 feet; 2) North 0 degrees 38 minutes 00 seconds West 47.28 feet; 3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of BEGINNING. Th~ grantor herein is the same person as the grantee in deed dated December 27, 1973 which was recorded in the Suffolk County Clerk's Office on January 10, 1974 in Liber 7567 cp. 126. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AMD TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second par forever. AND the party of the first par covenants that the party of the first par has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constrned as if it read ~'parties" whenever the sense of this indentpre so requires. IN WITNESS WH£REOF, the party 6f the first part has duly executed this deed the day and year first above written. WILLIAM W. SCHRIEVER STATE OF NEW YOEK. COUNTY OF Suffq~ SS: On the ]/~t day of [~k~.y 19 79, before me prerso~atl~ came to n,c known to be the individual described in and Wild executed the foregoing instrument, and acknowledged that executed the ~me. Notary P~lie ~ CH/,KLE~ ~. CUZ:~Y NOTARY PU3LtC, ~t~{~ o~ Naw Yor% ~e. S2-5872225 - SuCroSE Coun~ STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of · the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instniment is such corporate seal; that it was so affixed by order of the board of directors' of said corpora- tion, and that he signed h name thereto by like order. .............. III I Il !r~,, ! STATE OF #lW YOLK. C~TY OF SS: On the day oi_~l~_al 19 , before me personally came to n,e known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK. COUNTY OP SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at that he 'knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the s~me time subscribed h name as witness thereto. WITH COVENANT AGAINST CwRAWrOR'S A~T$ T, G. T, SC~[E~R TO T~ 0F SOU~0LD STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Di.ributed by ! NRWUIIAI~C m COMPANY SECTION LOT COUNTY OR TOWN Recorded as Request of CHICAGO 'lilLE INSURANCK COMPANY Return by Mail m Robert Tasker, Esq. 425 Main Street Greenport, New York Z~N~. Igeetion 1 DEFINITIONS (a) Wherever the term "imured" is used in this policy it includes .those .who succeed to the inter~t of the insured by operation of law ~- ~ ,rep~n. ta.~ves, next ot kin or corporate sucoessor~, a~ the .c~ may .o% .aha ~ to whom the insured has assigned this policy ts tted by the ter= h of, and whenever term insu. rect ts men tn the conditions of this policy it also includes the attorneys and agents of the ~'imored.' {b) Wbero~er the term "this company" is used in this policy it means The Title Guarant~ Company and Pinns~r National Title Insura~ Company. (c) tifit'herever the term "final determination" ,,e .... nec: ts men tn .ttus. i:mhcy, it means the final determination of a court of competent jurisdiction after disposition of nil appeals or after the time to appeal has expired (d) Wherever the terr~ "t~'e ,~mmises" is ----~: ........ . me.ans the property insin~l herein as desoribed in Schedule A of this policy indudlng such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it meam, _in~_~s o.th.erwise in,coted, recorded in the office of the recording omc~r oz tue county m which p~operty insured he.in lies Section 2 DEFENSE AND PROSECUTION OF SUITS acu(.ac) This corn .p..a~. y will, at its own cost, defend the insured in all ons or proce~omgs founded on a claim of title or incumbrance not excepted in this policy. (b) This company shall have the right and may, at its own cost, .mmntam or defend any action or proc~ding relating to the tiile or interest hereby msu~d, or upon or under any covenant or contract (c) In all ca~s where this policy requires or permits this company to pr~ecute or defend, the tmured 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 tnah~n_~_ .m~d hereby,~,rm.i.'ts it t? use therein, at its option, its own (d) The provlslom of this section shall survive payment by this company of any sper~fic loss or payment of the entire amount of this policy t.o the extent that this company shall deem it nece~ary in .recovering the luss from those who may be liable therefor to thc ~nsured or to this company. Section 3 CASES WHERE LIABILITY ARISES .N.o claim for damages shall arise or be maintainable under this poncy except in the following ca.~: (a) Where there.has been a final determination under which the insured may be dispc~u~ed, evicted or ejc~d from the premises or from some part or undivided share or interest therein. (b) Where there has been a final determination adverse to the title, up?n, .a. l~ien or incumbrance not excepted in this policy. ~c) WAere the insured shall have contracted in good faith in writing to sell the ~mured estate or interest, or where the insured estate has been sold for the benefit of the insured pursuant to the judgment or order ora court and the title has been rejected became of a defect or incumbrance not excepted in this policy and there has been a final determination sustaining the objection to the tide. (d) Where thc 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 imured's estate or interest in the premises, or subject to a prior lien or incumbrance not excepted in this policy; or where a recording officer has refused to accrpt from the imured a satisfaction of the insured · . mortgage and there has been a final deter- and it sh.all .h_a_ ye heen finally determined that the rejection of the title was ju$1afied becama of n defect or incumbrance not excepted in this policy. i (f) Where the !m. ured shall have transferred the tide insured by an and there shall haw been a final dete~rmination on anT;F~l~-~. ?nts or warrant.y, , ,a~m,t the !nsured, became of a d~fco't o--r-i'~cu-- orance not excepma in this policy. (g) Where the insured estate o~ interest or a t thereof has been par taken by condemnation and it has been finally determined that thc insured is not entitled to a full award for the estate or interest taken became of a defect or incumbrance not excepted in this policy. No dalin for damages shall arise, or he maintainable under this ~eicy (l).if this company, al~er having received notice oran alleged thirty days after receipt of such notice; or (2) for liability voluntarily as.~. reed by the imured in settling any claim or guit without the written coment of this company. Section 4 NOTICE OF CLAIM In case a purchaser or propused mortgage lender raise~ any question ~notow th, e su?i.c, iency of the .fide hereby imu~O, or in ca~ actual insu ~e.a.ge s,naa co.me to the insured .of nay chuin a.d~rse to the title -, _rea nereoy, or.in case of the service on or receipt by the insured o~ .~ny paper, or .? any not,ce, summons, proc~s or pleadinff in actmn or proceeding, the object or effect of which ~ or to~v he impugn, attack or call in question the validity of thc title insured, the insured shall prompdy notify this company thereof in wri.tmg a.t Its mmn office and forward tu this company such paper or an{a {temy in lorwaroang such paper or such notice surnin~ns. or pleading shall not affect this company's liabili~ if such f~l~.,~ ~ t prejudiced and cannot in the future prejudice this coinpany. 8notion 5 PAYMENT OF LOSS (a) This coinpany.will pay, in addition to thc lorn, all statutory ~cos~ .and allowances i.m .~ on thc insured in litigation carried on oy tRIs company for the.insured under thc terms dthis policy. This company shall not he liable for and will not pay the fcca of any counsel or attorney employed by the insured. (b) In y,v, ery ease where dalm is made for Iota or damage this company ~lj reserves the right t~ settle, at its own enst~ any elaiin or suit which may involve liability under this policy; or (2) may termi- nate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, dcinand a valua- tion of the insured estate or interest, to he made by three arbitrators or any two of them, one to be chmen by the imored and one by this e. ompany, and the two thus chmen selecting an umpire. Such valna- .hon, less thc amoun.t of any inc~. mbranees on said insored {:state and Interest not hereby insured against, shall he the extent of this coin- ~any'$ liability for such dalm and no right of action shall ace:mc 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 conveyance or assignment of the insurcd estate or interest to this company or its designee at such valuation, di.m~.'.nis.hed as aforeeald. The foregoing option to fix a valuation by aroltraUon shall not apply to a policy insuring a mortgage or leasehold (e) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary inte~st of such collateral holder in thc premises. (d) All payments made by this company under this policy shall reduce the amount herco~ pro rant4} except (1) peyments nmde for counsel .fees .and disbursements in defending or prosecuting actions or procee.dmgs In behalf of the insured and for statutory costs and allow- ~.n, ees Imposed on thc insured in such actinns and proceedings, and 2~ if thc insured is a mortgagee, payments made to satisfy or subordi- na.te.p, rl..o.r he.ns ?.. incumbrances not set forth in ~-.hedule B. ~c) ~,¥ncn habdsty has been definitely fixed in accordance with thc thirty day~ thcrc~terI. the loss or damage shall be payable within .... ~-= ~.,,.,u.,~NCE COMPANY ~ame o Insureu THE TOWN OF SOUTHOLD Policy No 1204173 Amount of Insurance ~J~ · 000 · 00 Date oflssue 5/1/79 T~leesfateor~nferesfinsured byfhispo~cy~s fee simple vesf~ in ~einsured by meansof William S. Schriever to the INSURED dated 5/1/79, recorded 5/3/79. a deed made by SCHEDULE B The following estates, interests, defects, objections to title, liens and incumbrances and of her matters are excepted from the coverage of ~;s policy: 1. Defects and ~ncumbronces arising ar becoming a lien after the date of this policy, except as here~n provided. 2. Consequences of the exercise and enforcement or attempted enforce- ment of any governmental, war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zon- lng. building, and environmental protection) os to use, occupancy, sub- division or improvement of the premises adopted or imposed by any governmental body. or the effect of any noncompliance with or any violation thereof. 4. Judgments against the insured or estates, interests, defects, objections. with the privily of the insured. 5. Title to any property beyond the lines of the premises, or title to areas within ar rTghts or easements in any abutting streets, roads, avenues. lanes, ways or waterways, or the right to maintain therein vaults, tun- specifically provides that such titles, rights ar easements are insured. Nntw thsfandlng any provisions in this paragraph to the contrary, th~s policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. T~tle to any personal property, whnther the same be attached to or used ~n connection with said premises or otherwise. Survey by Roderick VAn Tuyl'dated 5/15/78 shows vacant land. No variations. ~CHEDULE "B" OF THIS POLICY CONSISTS OF ~ SHEET(S). AGREEMENT FOR EXCHANGE OF PROPERTY This Agreement made this day of October, 1978, by and between WILLIAM W. SCHRIEVER, Main'Road, Orient, New York, hereinafter referred to as the party of the first part, and the TOWN BOARD of the TOWN OF SOUTHOLD, County of Suffolk, State of New York, the duly constituted municipal governing body of said Town, hereafter referred to as the party of the second part. The party of the first part agrees to convey to the party of the second part the parcel herein described as Parcel A and in exchange therefor the party of the second part agrees to convey to the party of the first part the parcel herein described as parcel. B. The parties represent to each other that the parcels herein described are vacant land and are identical in area; said parcels are shown on a certain map entitled, "Map of Exchange Town of Southold with william W. Schriever" as prepared by Roderick Van Tuyl, P.C. under'date of May 15, 1978; and annexed hereto. The premises are to be conveyed subject to: a. Applicable zoning regulations and ordinances. b. ~ Any state of facts an accurate survey may show, provided same does not render title unmarketable. The deed to be delivered at closing by each party to the other shall be a bargain and sale deed with covenant against grantor's acts in proper statutory short form for recording and shall be executed and acknowledged so as to convey to each party the fee simple of the premises being conveyed. The parties shall each convey a marketable title, in accordance with this agreement, and one which a title company licensed to do business in New York State will approve and insure. If at closing of title there shall be any liens or encum- brances against either parcel, then'the grantor of the ~espeetiVe parcel shall be obligated upon closing to satisfy the same. There shall be no adjustments at closing. With the exception of the party of the second part's attorney's fees, the party of the first part shall bear the entire costs of this transaction, including but not limited to the obtaining by each party of title searches and title insurance, surveys and recording fees. The party of the first part shall, at his own expense and within 60 days from the date hereof, construct a new surface water drainage facility within the bonds of parcels A and' C as. follows: (1)' Starting from the existing catch basin along Tabor Road and arranged in a line parallel to the southerly line of parcel C, a total of five new drainage basins shall be installed approximately 16 feet on center. (2) The first four basins shall consist of two precast drainage rings 8 feet in. diameter and 4 feet high with a 6 inch thick slab cover having one manhole with cover. The last basin shall consist of one precast dralnag~d6~e with m~nhole cover, all obtained by relocating an existing basin at the site. (3) Each basin shall be connected to the next in line with a standard length of 12 inch corrugated iron pipe. (4) Ail new basins shall be backfilled with the beach sand and gravel now on the site. The entire facility shall then be covered to a depth of one to two feet with topsoil and loam now on the site and graded to conform with the surrounding property. If either PartY is unable to convey title in accordance with this agreement, except for wilfull default, then this agreement shall be terminated and be of no further force or effect. The respective deeds shall be delivered at the office of Robert Tasker, Greenport, New York 30 days after the completion of the sump t° be constructed by the party of the first part. This agreement may not be changed orally and its terms are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. Witness: Attest: William W. Schriever TOWN OF SOUTHO5D ROBERT W. TASKER Town Attorney OFFICI 'I ~ORNEY D 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 0 R~CEIVED 11 TELE?HONE {$16) 477-1400 May 10, 1979 ! Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w/ Schriever Exchange of Property at Orient Dear Judy: With respect to the above captioned title closing, I enclose herewith for filing in your office the following: (1) Deed from William W. Schriever to the Town of Southold dated May 1, 1979 and recorded in the Suffolk County Clerk's Office on May 3, 1979 in Liber 8620 of deeds at page 83. (2) Title Guarantee Company title insurance policy No. 1204173 in the amoun{'of $5, 000.00, dated May 1, 1979, naming the Town as the insured. (3) Survey map dated May 15, 1978 indicating the parcels exchanged. In order that I may have a record for my files, will you please acknowledge receipt of the enclosures by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, ROBERT W. TASKER RWT :MY Enclosures MAP OF Al' TOM/t,4 OF 50UTNOLD 4 C) O POLICY THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a Calfforula Corporarion, joinfly and severally, together herein called "the Company," in consideration of the payment of its charges for the examination of rifle and its premium for insurance, insures the within named insured against ail loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the rifle, estate or interest insured, which the insured shall sustain by reason of any defect or defects of rifle affecting thc premises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of unmarketability of the rifle of the insured to or in the premises, or by reason of hens or incumbrances affecting rifle at the date hereof, or by reason or 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, hens, incumbrances 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 thc stipulations of said conditions, and not otherwise. ~H C~i~H~55 ~¢te¢Of.~ the companies have caused thcir corporate names and seais to be hereunto affixed by their duly authorized officers. PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY PARCEL C ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as foll6ws: BEGINNING at a point on the westerly line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds . West 147.76 feet; proceeding along land now of the Town of Southold South 87 degrees 47 minutes 30 seconds West 100.52 feet to land of Schriever; thence along land of Schriever the following two courses: (1) North 8 degrees 06 minutes 30 seconds West 38.31 feet, and (2) North 82 degrees 32 minutes 20 seconds East 100 feet to the westerly side of Tabor Road; thence running along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 47.51 feet to the point or place of BEGINNING, containing 0.0985 acres. AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a municipal corporation with offices at (No #) Main Road, Southold, Suffolk County, New York, hereinafter 'referred to as "THE TOWN", and RICHARD J. BABCOCK and FREDERICK F. RIMMLER, doing business as SOUTHOLD GARDENS, a co-partnership with offices at Box 1145, (No #) Wells Avenue, Southold, New York, hereinafter referred to as "SOUTHOLD GARDENS". -. .... :-. ~-~:.. ~'~ .,~;..~.. W I T N E S S ~W~EREAS, SOUl,OLD ~DE~S. is the owner of property on the north side of ~ill Road West, at Sonthold, in the ?own of Sonthold, Suffolk County, New York, desoribe4 as follows ~._ = All.~hat o=~ui~ plot, piece or parcel of land, with the buildings and :im~=~b~_,~=c~2erected, ~itnate~.-.lying. and being in .the Town .of Southold, at Southold, County of Suffolk ar~ State of New York, being bounded and scribed as follgI, Is: -',~,-~-'-~GI/~q3~G at a-point m ~he northerly side of Hill Boad West distant 200.00 feet easterly ercm the corner marked by the intersection of the northeasl 'side of-Wells.Avenue-and-the northerly.side of Hill ~Dad West, said point of beginning a]-~o being ~he southeasterly corner of lot 93 on Map of Southold -Gardens,--filed.-in-the Suffolk County Clerk's Office on. May:7, 1979 as .Map ... #6812; frcm said point of beginning, running along ~he northerly side of Hill -Bo ad West!South' 88?, 5~=40'~ East .127.81 feet to the southwesterly side of Imt ~2 on said map; running thence along the westerly side of Iot %2 North 1° ~'-::-20" ~w~t 150:00- feet;:!running.thence Nort~ 88.°_52'-:40",}gest· 127.8.1. feet :along property now or fo~Yerly o~ Southold Gar~ to a point on th~ easterly cside.:of~:Tot 93~c~:.said=filed map; running thence South 1° ,07'..20" West : ..... J~1.50.00 feet along the easterly side of Lot 93 to the point or place of beginning~:contalning ~19,1~2 square feet. 81980 R ANSFER. Tu6,X COUNTY WHEREAS, said premises are part of the open space area of the cluster sul:ffiivision known as "Map of Sou~hold Gardens", filed on May.-~,;!].97.9 in the office of the Suffolk County Clerk as Map No. 6812 , W~EREAS, Rill R~ad West is .about to be dedicated to the TOWN, and WHEREAS, there is a drainage problem on Hill Pmad West~ -resultihg. in a collection of surface water on Hill Road West' adjoining the above-described property of SOUTHOLD ,GARDENS, and WHEREAS, sOUTHOLD GARDENS is willing to grant the TOWN a l~mited easement over the above-described premises to help solve the problem by the installation and maintenance by the TOWN of surface water drainage facilities and connections for the collection of surface water on said premises. THEREFORE, in consideration of Ten and ~/i~'0-($10.00) Dollars and other good and valuable consideration paid by the TOWN to -SOUTHOLD 'GARDEN~ receipt of which is hereby acknowledged, SOUTHOLD GARDENS grants an~ conveys to the TOWN forever, the right and easement to enter upon the above-described pr°Pe'r:~ ~f SO'HOLD' GARDEN~'~or the purpose of installing and maintaining surface water, drainage facilities within the above-described p~emise~; t~5 be connected to the catch besins in front of said area on }lilI Road West, subject to the following cond~tlo s.. .._~.. :,=.~.. 1. All d~inage' facilitie~ are to be completely underground, ooverr with top soil and ~adAd to the':natural c0A~our 6f-the 'land, at 'the ~x.pense the TOWN, and .... ' '- ''' 2. ~he graded area shall be seeded with grass comparable to the grass on the remainder of the open space 'area of SOUTHOLD GARDENS,-at-the expense of the TOWN. 3. The above work shall be completed on or before F;~b.nua~y~l~-. 9~ ~vith the exception of final grading and Seeding %vhfch will be completed in tb Spring of 1980. ~. $OUTH6Lb GARDENS agrees to mow said area and otherwise maintain the of appearance '~ $. The' TOWN shall be-.~espgnsible for all maintenance of the drainage facilitie's and connections to the Tow~' drainage system. ~'~' ~'~: ~." If 'it is necessary~'for ~h~;T6WN'-t~ enter~up0n ~h~ property to maintain, repair and/or replace said facilities, the TOWN' will ~r6mgtly"restore the area, including reseeding, to the condition that existed prior to any such entry. In the event that said maintenance/repair and/or.replacement..requires excavation of all or any part of said premises, the'~N shall._giv~prlor ~it~e~*'n~ce'~er~0 sou~H~'~ARDENS at~the place~as may from~time to time b~ ~'~signated:by'~SOUTHOLD GARDENS. ........ ~. In the event that the'surface water' runoff from Hill Road West results in standing water on the easement area, the TOWN agrees to take such steps as may be required'to correct the condition~ h-'..:.l-'-- - TO HAVE AND TO HOLD the said right a/nd easement unto the TOWN, its successors and assigns, forever. . IN WITNESS WHEREOF, the parties have placed their hands and seals on the date hereof. ~ Ri~ard J. Babcock STATE OF NEW YOR~, COUNTY OF SUFFOLK SS: On the ~- day of ~¢& 1979, before me personally came ~ t~o,~-,~' to me known, who, being by me duly sworn, ~ ~ ---- ~at ' he resides at No. ~-s~j~,~,~,~,~ did ~e~se ~u ~=~ ~, - .s~ ~ ~at he is "cf'~ ~ OF SOUTHOLD Not~ry Public JUDITH T, No~17 Public, S~ of ..... ~9~ Suffolk ~l July lg79, beffore me person~ly c~e ~C~ J- ~ ~e 10 day of SOUTHO~ G~ENS, a c~Pa~tnership, -~ ~e kn~n to B~, a c~pa~er of be the individual descried in ~d who executed the foregoing inst~ent, a~nowleage8 that he executed the s~e as a c~partner of SOU~ G~ENS. TOWR.OF SOUTHOLD SOUTHOLD GARDENS 0 0 WICKHAM, WICI<HAM & BRESSLER, P.C. January 21, 1980 Judith T. Terry, Town Clerk Town of $outhold Town Hall Main Road Southold, New York 11971 Re: Town of Southold and Southold Gardens Dear Judy: Enclosed is a copy of the recorded easement agreement showing the recording information, for your records. Very truly yours, ~i~~a~;~A. Wickh am AAW/hg Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE ($16) 76~-1801 January 7, 1980 Honorable Arthur J. Felice Suffolk County Clerk Suffolk County Cen%er Riverhead, New York 11901 Dear Mr. Felice: Transmitted herewith for filing in your office is Easement Agreemen% between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens." Also enclosed is check in the amount of $19.00' to cover filing fee. Please note, the Town Seal has been affixed. Southold Gardens is a partnership and does not have a seal. Very truly yours, Judith T. Terry Enclosures JUDITH T, TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS ° Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 28; 1979 Honorable Arthur J~' Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Enclosed herewith is Easement Agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens for .filing in your office. Also enclosed is check in the amount of $19.00 to cover filing fee. Very truly yours, Judith T. Terry Town Clerk Enclosures (2) ROBERT W. TASKER Town Attorney oO o FFIC~~~ORNEY 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 December 19, 19"/9 TELEPHONE (516) 477-1400 RECEIVED OEO 2 0 1919 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Dedication of Hill Road West Easement Agreement with Babcock and Rimmler Dear Judy: Since the Town has accepted dedication of Hill Road West, as soon as the dedication papers are completed, the original Dedication and Release should be sent to the County Clerk's Office for recording. With respect to the Easement Agreement between the Town and Babcock an~t Rimmler, the developers of Southold Gardens, it was agreed between Gall Wickham and myself that all construction work relative to the drainage facilities will be complete by February 1, 1980 with the exception of the final grading and seeding which will be completed in the Spring of 1980. I have made these changes in the Easement Agree- ment and the Agreement in duplicate is enclosed herewith. I do not recall whether or not a resolution was adopted authorizing the Town to enter into the Easement ~-~greement. If so, the Agreement can be signed by the Supervisor, the corporate seal affixed and a copy sent to Gaff Wickham and the original sent to the County Clerk for recording. On the other hand, if no resolution was adopted, such a resolution should be adopted at the December E'ltn meeting after whic~ th~'Agre~ment can be sign&a by tlae Town. I am enclosing herewith a portion of the site plan of Southold Gardens which shows the drainage area. This can be sent to the Superintendent of Highways for his use in constructing the facilities. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures OPEN 'SPACE ./ _._ II- 1~.'7~ AND T~T~ ~NC~-- ..... ,.,n*~NCE COMPANY 0 Policy No. 120~173 AMENDED SCHEDULE A The premises in which the '~nsured }~=s fhe estefe or ;nferesf covered by tl~is policy ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of ~outhold, Suffolk County, New York, as follows: BEGINNING at a point which is on the westerly line of Tabor Road said point being distant fram the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: 1) North 1 degreee ~ m~nutes 30 seconds East 268.5~ feet; 2) North 8 degrees 06 minutes 30 seconds West 195.27 feet proceeding along land of the Town of Southold the following two eourses~ south egree, , , utee seconds w. st loo lest;. S~uth 8 degrees 06 minutes 30 seconds East 38.31 feet, TH~CE along land of William W. Schriever the following three coul,'~ea: South 8'~ degrees ~? ~Luutes 30 seconds West 11~$.16 feet; North O degrees 3~ minutes O0 seconds West 4?.28 feet; North 8? degrees b.7 z~u~utes 30 seconds East 208.50 feet to the weaterl~ line of Tabor Road and the point or place of Ill,GINNING. 19eetion 6 COINSURANCE AND APPORTIONMENT (a) In the event that a partial 1o~ occurs after the insu~d m~es an improvement sul~-quent to the date of tl~ policy, and only in that event, the insured becomes a coimurer to the extent hereinofter set forth. If the c~t of the improvement exece~ twenty per cenmm of the ammmt of this policy, such proportion only of any partial Ires estab- lithed shall be borne by th~ company as one hundred twenty per ecntum of the amount of this ix~icy bears to the sum of the amount of this policy and the amount e~nded for the improvement. The fore- going provisions shall not npply to c~s and attorneys' fens incurred by the company in prosecuting or providing for the defense of actions or I~x~ecedings in behalf of the insured pu~uant to the terms of this policy or to c~s inspmed on the insure~l in such actions or proceed- ing~ and shah apply only to that portion of lmses which exceed in the Provided, however, that the foregoing coinmrance prowslons shall not apply to any 1~ arhln~ out of a lien or incumbrance for a liquidated 'a~mount which e.~ted- oo the date of this policy and was not shown in Schedule B; and provided further, such coinsurance Pr~isinm shall not apply to any lor~ if, nt the time of the occurrence of such 1o~ the then value of the lx~"mise~ as so improved,.does .not exceed one hundred twenty per ecntom of the amount of this pohcy. (b) If theol~mises are divlsi~e into separate, independent parcels, and n l~ m ~tah~shed affecting one or more but not nil of .said parce~ the l~s shah be consputed and settled on a pro rata bash as if ~ policy were divided, lxo rata as to value of said separate, independent ~ exclusive of improvements made subsequent to (c) C~auses "(a)" and "(h)" of this section upply to ~ pnliclns only after the insured shall have acquired the interest of the mortgag~r. (d) If, at the time liability for any 1o~ shah have 'been fixed pur- suant to the conditions of ~ policy, the insured holds another policy of insurance covering the same lns~ issued by another company., this company shah not be liable to the insured for a greater proporUon of the 1~ than the amount that this policy bears to the whole amoun.t of inmrance held by the insured, unk~ another method of appor tiomng the in~ shall have beck. Provided by ngreement between this company and the other insurer or i~ 8~etlon ? ASSIGNMF.2qT OF POLICY If the interest insured by this policy is that of a mortgagee, this policy may be aseigned to and shah inure to the benelit of successive ~asugnens of the mortgage without consent of this company or its en- orsement of this p~icy. Provision is made in the rate manual of New York Board of Title Underwriters ~d with the Superintendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grante~ of the insured in certain specilic clr~*metanc~ only. In no olrcun~tance rn~ded fm in this section shall this comps, ny be deemed to have d the sufi%ciency of the form of the _*_~g~m~t o~ other imtru- ment of transfer Or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. 8~etion 8 SUBROGATION (a) This conspany shah to the extent of any payment by it of under this policy, be sul~'ngated to all rights of the imured with respect thereto. The insured shall .ex~u. te such im~umue.nts a~ may he requested to transfer such rights to this conspa.ny. The r~hts so tram= ferred shall be subordinate to any remaining mternst of the imured. (b) If the insured is a mortgagee, this company's right of su .I .~o.,~_ a- lion shall not prevent the insured from releasing the pet-sunni liabiiuy of the obligor or guarantor or from releasing a portion of the from the lien of the mortgage or from inc~v, asing or otherwise modify= lng the insured mortgage provided such acts do not affect the ..va~.i.d, ity or priority of the lien of the nsortgage insured. However, the liability of this company under this policy shall in no e~nt he increased by any such act of the insured. 8~tion 9 MISREPRESENTATION Any untrue statement made by the imm'ed, ,ruth respect to any material fact, or any suppression of or failure to disclom any material fact, or any untrue answer by the imured, to material inquiries hefore the issuance of this policy, shall void this policy. 8~lon 10 NO WAIVI~R OF CONDITIONS This company may take any appropriate action under the te,.~ of this policy whether or not it shall be liable hereunder and shall not thereby c~necde liability or waive any prov~on of this policy. 8~etion 11 POLICY ENTIRE CONTRACT All actiom or proceedings against this c~npany suust he based on the provlsinm of this policy. Any other nc.ti.on or .a~i0m or rights of action that the insured may have or may bring agaimt this .mmpany of this policy, shah be deemed to have merged in and he restricted to its terms and conditiom. Section 12 VbT.Ir~&TION AND MODWICATION This policy is valid only when duly signed by a validating ~ or agent. Ghangns may be effected only by written endorsement. If the recording date of the immm~ents creating the insured~ fa later than the policy date, such policy shall also ~ in~ ~ or incuml~ances, except real estate taxes, as~,~ments, water rgen and sewer renm. ENDORSEMENTS ~UDITH T. TERRY · TOWN CLERK ~F, GISTRAR OF VITAL STATISTICS OFF C oF'To v CL£ TOWN 03F $OUTttO:D '.~,',.,,,,/- -~ ~ l ~OUlhOl~, L. I., ~, ~. I l~l TELEPHONE ($16] ?~-lSOI April 30, 1979 Mr. William W. Schriever Orient, New York 11957 Dear Mr. Schriever: At a regular meeting of 'the Southold Town Board held on April 24, 1979, s resolution was adopted authorizing the Town Attorney to prepare deeds, and the Supervisor to execute said deeds for the exchange of property between the Town of Southold and yourself on Tabor Road, Orient,. New York. Very truly yours, Judith T. Terry Town Clerk JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS O OE~.ICE OF 'Towi~.LERK oF, sotrmou) SUFFOLK c9~Y Sou~hold, L. I., N. y. 11971 TELEPHONE O16) 765-1801 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 24, 1979: RESOLVE~that the Town Attorney be and he hereby is authorized and directed to prepare deeds, and the Supervisor be and he hereby is authorized and directed to execute said deeds for the exchange of property between the Town of Southold and William W. Schriever at Tabor Road, Orient, New York. Parcel A to be conveyed to the Town of Southold by William W. Schriever and Parcel B to be conveyed to William W. Schriever by the Town of Southold; said parcels are shown on a certain map entitled, "Map of Exchange Town of Southold with William W. Schriever" as prepared by Roderick Van Tuyl, P.C. under date of May 15, 1978, and described as follows: PARCEL A All that certain plot, piece of parcel Of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at point which is on the westerly line of Tabor Road said point being distant from the inter- section of the northerly line of Orchard Street With the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of Southold the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) South 8 degrees 06 minu~es 30 seconds East 38.31 feet, thence along land of William W. Schriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 114.16 feet, (2) North 0 degrees 38 minutes 00 seconds West 47.28 feet and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of beginning, containing 0.1311 acres. PARCEL B Ail that certain plot, piece located at Hamlet of Orient, Suffolk County, New York, as of parcel of land Town of $outhold, follows: BEGINNING at a point which is on the westerly line of Tabor Road said point being distant from the inter- section of the northerly line of Orchard Street with the westerly line of Tabor Road the f611owing two courses: (1) North I degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceeding along land of William W. Schriever the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees 47 minutes 30 seconds East 100.52 feet to the westerly line of Tabor Road; thence along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.49 feet to the point or place of beginning, containing 0.1311 acres. Supervisor Albert Martocchta Town of Southold To~n Hall Southold, N. Y. 11971 April 23, 1979 ECEIV D. i 97g Dear Supervisor Martocchia: The entire parcel which is'to become the drainage facility on the west side of Tabor Road in Orient is now completely filled and graded. Since the underground drainage facility has already been inspected and approved by the Superintendent of Highways, I believe I have completed all of the requirements as stated in the contract for the exchange o[ property with the Town of Southold. A~Slncerely y~urs~ Copies To: Superintendent of Highways Planning Board Robert ~o Tasker, Esq. ~harles R. Cuddy, Esq. O O Supervisor Albert Hartocchia Tpwn of $outhold ·own Hall Southold, N. ¥. 11971 November 13, 1978 ~." ' ' i ~'~ Dear Mr. Martocchia: Today I compXeted the lnstaX1ation o4 the new dratnaEe system on Tabor Road~ the re~val of the old sump and the reEradinE of the area previously occupied by the old sump. In gradtnS the area ! made it conform to the contours that I plan to achieve in the subdivision when the subdivision is completed. That required raisins the srade over the arm by at least a foot. And for that reason there was not enoush [ill to brlng the surrounding area up to grade. Also there was no topsoil in the sump area and so I had to strip topsoil from the surrounding area to provide the topsoil I needed to cover the sump area. Part of the area being deeded to the Town under the contract is included in the area lacking the necessary fill. It seemed to me wasteful to dis fill out of the subdivision to fill the To~nts new property at this time since I will have the ~ecessary fill and topsoil comtns out of the roadbed of the subdivision when that work-As started. In fact I estimate that there will be sufficient topsoil and loam from the roadbed .to complete the regrading o~ the subdivision to the planned contours. Therefore I ask that the Tomrn allow me to build up the 8fade of the balance of the Townts property at the ~lme I can besln work on the road. I have such an understanding with Mr. Ray Dean at this point. Before'the drainage system was covered up~ ~ surveyed the system that I had installed and as much of the existing system as I could without d~ggtng it up. (Ya November 8 I prepared a map of the system tnciudins all of the elevations that may ever be o~ interest. I delivered 5 copies of that map to Mr. Ray Dean for his files on November 8 and ! am enclosing a copy with this Xetter. O O November 15, 1978 Supervisor Albert Martocchta The precast basin that is under the vest curb inlet is part af the old sys=em and I did not disturb it. And the pipe leading to the first new drainage basin is ~lso part of the old system and was not moved. Although I did not actually expose the pipe from Orchard Street, I have every reason to believe that it leads into this old basin, probably into the dome at about the same elevation as the pipe leading to the new drainage basins. This old basin no longer seems to provide much leaching but'it does serve to collect the sot1 and such that comes into the drainage system. As you can see from the map, the old basin is rather deep and so the whole new system is also deep in order to accept water from the existing system. The new manholes are approximately 3~ feet below grade throughout the system. My lawyer, Mr. Cuddy, has received the contract signed by you and I will sign it tomorrow. The title insurance has been ordered and the papers to release the property from the mortgage ha~ been sent off. I reported to Mr. Ray Dean as to the pro~ress of my work and gave him an opportunity to inspect it as the appropriate times arrived. Before coveting the system I got his approval to do so and, at the same time, delivered the copies of the map showing the new installation. Assuming that the Town will allow me'to complete the grading as requested In this letter, I believe I have fulfilled all of the terms of the contract which specify the new drainage system. If you happen to be in the area, I think you will notice the substantial improvement in the appearance. Of course the only way I can recover the cost of this installation is in the increased sale prices of the two lots adjotnin~ the area. It is a gamble but ! have hope that it will occur. Thank you for your cooperation. ;%. $$ncerely ypjurs,. ~tlltam~. $chr[ever Pgp e 'From O~'ct~a~'l ~'~ SINS RIENT[ ,. tO....' ~ M~rker ~ J_ DRAINAG iF_. B ASIIqS TABOR ROAD W~ Pr'ep e ?' 30" W "-~oo,£~ 0 ...... 0 ....... ..~ F~e"b ~ DRAIN,AG TABOR R REVISED CONTRACT FOR CONSIDERATION 0 RECEIVED lg? AGREEb~NT FOR EXCHANGE OF PROPERTY z The Agreement made this day of October, 1978, by and between WILLIAM W. SC}~IEVER, Main Road, Orient, New York, hereinafter referred to as the party of the first part, and the TOWN BOARD OF THE TOWN OF SOUTHOLDt County of Suffolk, State of New York, the duly constituted municipal governing body of said Town, hereafter referred to as the party of the second part. The party of the first part agrees to convey to the party of the second Dart the parcel herein described as Parcel A and tn exchange therefor the natty of the second part agrees to convey to the party of the first part the parcel herein described as parcel B. The parties represent to each other that the parcels herein described are vacant land and are identical in area; said parcels are shown on a certain map entitled, 'Nap of Exchange:Town of Southold with William W. Schrlever" as prepared by Roderick Van Tuyl, P. C. under date of May 15, 1978, and annexed hereto. The premises are to be conveyed subject to (a) Applicable zoning regulations and ordinances. (b) Any state of facts an accurate survey may show, providid same does not render title unmarketable. The deed to be delivered at closing by each party to the other shall be a bargain and sale deed with covenant against grantor's acts in proper statutory short form for recording and shall be executed and acknowledged so as to convey to each party the fee simple of the premises being conveyed. The parties shall each convey a marketable titlet in accordance with this agreement, and one which a title company licensed to do business in New York State will approve and insure.. If at closing of title there shall be any liens or encumbrances against either parcel, then the grantor of the respective parcel shall be obligated upon closing to satisfy the same. There shall be no adjustments at closing. NEW With the exception of the party of the second part's attorney's fees, the party of the first part shall bear the entire costs of this transaction~ including but not limited to the obtaining by each party of title searches and title lnsurance~ surveys and recording fees. The party of the first part shall, at his own expense and within 60 days from the date hereof~ construct a new surface water drainage facility within the bounds of parcels A and C as follows: (1) Starting from the existing catch basin along Tabor Road and arranged in a line parallel to the southerly line of parcel C~ a total of ftve new drainage basins shall be installed approximately 16 feet on center. (2) The first four basins shall consist of two precast drainage rings 8 feet In diameter and & feet high with a 6 inch thick slab cover having one manhole with cover. The last basin shall consist of one precast drainage ring, one drainage dome with manhole cover, all obtained by relocating an existing basin at the site. (3) Each basin shall be connected to the next in line with a standard length of 18 inch corrugated and perforated iron pipe. (&) All new basins shall be backfllled wtth the beach sand and gravel now on the site. The entire facility shall then be covered to a depth of one to t~o feet with topsoil and loam now on the site and~. graded to conform with the surrounding property. If either party is unable to convey tttle tn accordance wtth this agreement, except for willful default, then this agreement shall be terminated and be of no further force or effect. The respective deeds shall be delivered at the office of Robert W. Tasker, Greenport, New York, 30 days after the completion of the stnnp to be constructed by the party of 'the first part. This agreement may not be changed orally and its terms are to apply to and bind the heirs, executors, administrators, successors and asstgns of the respective parties. William W. Schriever Town of Southold By Albert M. Martocchta Supervisor DESCRIPTION OF PARCEL TO TOWN OF SOUTHOLD (Parcel A) BEGINNING &~ a point on the westerly line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of SouthoId the folIowtng two courses: (1) South 82 de~rees 32 minutes 20 seconds West 100.00 feet, and (2) South 8 degrees 06 mlnutes 30 seconds East 38.31 feet; thence along land of William W. Sehriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West lI&.16 feet, (2) North O degrees 38 minutes O0 seconds West &?.28 feet, and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of BEGINNING, containing 0.1311 acres. DESCRIPTION OF PARCEL TO WILLIAM W. SCHRIEVER (Parcel B) BEGINNING at a point on the westerly line of Tabor Road, said point being distant from the Intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceeding along land of William W. Schriever the following two courses: (1) South 82 degrees 32 minutes 20 seconds West lO0.00 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees 47 mtnutes 30 seconds kast 100.52 feet to the westerly line of Tabor Road, thence along said westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.49 feet to the point or place of BEGINNING, containing 0.1311 acres. DESCRIPTION OF PARCEL REblAINING WITH TOWN OF SOUTHOLD (Parcel C) BEGINNING at a point on the westerly line of Tabor Road, satd point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 147.76 feet; proceeding along land now of the Town of Southold South 87 degrees 47 minutes 30 seconds West 100.52 feet to land of Schrlever; thence along land of Schriever the following two courses: (1) North 8 degrees 06 minutes 30 seconds West 38.31 feet, and (2) North 82 degrees 32 minutes 20 seconds East 100.00 fe~ to the westerly line of Tabor Road; thence along said westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 47.51 feet to the point or place of BEGINNING, containing 0;0985 acres. ROBERT W. TASKER Town Attorney )RNEY TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 March 12, 1979 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w! Meyer Dear Judy: Relative to the above captioned title closing, I enclose herewith the following: (1) Deed from Peter J. Meyer, Jr., Stella Meyer and Peter Meyer III to the Town of Southold dated February 26, 1979 and recorded in the Suffolk County Clerk's Office on March 5, 1979 in Liber 8591 of deeds at page 37. (2) The Title Guarantee Company policy of title insurance No. 1205103 dated February 28, 1979 in the amount of $8, 000 naming the Town as the insured. (3) Copy of the Contract of Sale. (4) Closing Statement. In order that I may have a record for my files, will you please acknowledge receipt of the enclosures by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, ROBERT W. TASKER RWT :MY Enclosures RESOLUTION At a meeting of the Town Board of the Town of Southold0 held on January 30, 1979. WHEREAS, a serious drainage problem exists on Boisseau Avenue at or near its intersection wi th the Long Island Railroad right of way, and WHEREAS, PETER J. MEYER° JR. and others are the owners of property on the east side of Boisseau Avenue and will sell a 40, 000 ~ , square foot parcel thereof to the Town of Southold for the sum of $7, 500.00, and, WHEREAS, this Board deems it in the public's interest that the Town of Southold acquire said 40, 000 square foot parcel of land for the purpose of constructing a recharge basin thereon to alleviate flooding con- ditions in the area. NOW, THEREFORE, BE IT RESOLVED, that the Town of South- old acquire the parcel of land herein-described from Peter J. Meyer, Jr. for the sum of $7, 500 and that the Supervisor be and he hereby is author- ized and directed to execute a contract for such purchase on behalf of the Town of Southold, said contract to be in such form as is approved by the Town Attorn%y]3. Said real property being described ss follows, to wit: © O ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, 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 easterly line of Boisseau Avenue, 1395.96 feet northerly along said easterly line from the Main Road; said point of beginning being the southwesterly corner of land of Barzac; from said point of beginning running along said land of Barzac, 2 courses as fo1~ lows: (1) south 87 degrees 29 minutes 50 seconds east 200.0 feet, thence (2) north 2 degrees 30 minutes 10 seconds east 112.51 feet to land of Knutson Marine Center, Inc. 0 being also the southerly line of a 25-foot right of way; thence along said land of Knutson Marine Center, Inc., being along said southerly line of said 25-foot right of way, south 81 degrees 55 minutes 50 seconds :mast 96.70 feet; thence along land of the party of the first part, 2 courses, as follows: (1) south 2 degrees 30 minutes 10 seconds west 203. 13 feet; thence (2) north 87 degrees 29 minutes 50 seconds west 296.24 feet to said easterly line of Boisseau Avenue; thence along said easterly line, north 2 degrees 30 minutes 10 seconds east 100 feet to the point of beginning. Containing 40, 000 square feet. ATTimRNEY AT LAW Januar~ 26, 1979 Mr. Albert Martocchia, Supervisor Southold Town Hall Main Road Southold0 New York 11971 Dear Mr. Martocchia: Re: Town of Southold w/Meyer Enclosed herewith is a copy of the proposed contract for the purchase of a parcel of land on the east side of Boisseau Avenue in Southold, New York from Meyer at a price of $7, 500. The contracts have this day been sent to the attorney for the sellers for their execution and retm'n to me. Also enclosed herewith is a proposed resolution which should be presented to the Town Board at its meeting held on January 30~ 1979. This resolution authorizes the purchase of the Meyer property. RWT:fae Eno. Yours Very_ truly, .~ II Standard N. ¥.B.T.U. Form 8007' II-TOA-Barffaln ~nd Sale Deed. with Covenam asai,~st G:~ntor's~-lndi~idual r YOUR ~ER BEFO~ SIGNING THIS INSTRUMENT--THIS INSTRUME HOULD BE USED BY ~WYERS ONLY. 37 THB ~D~ mdc ~e of February , ~nct~n hundred ~d Seventy-Nine BE~ PETER J. ~YER, Jr. and S'rEL~ ~YER, his w~e, and PETER ~Y~, III, aH residing at 121 Piquet ~ne, Woodb~, 'New York, 11797, party of the first part, and Dist. 1000 Sec. 63 Blk. 3 Lot p/o 1 TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office at Main Road, Southold, New York 11971, party of the second part, ~' k~-*f)z3 ~I~I-I'N~, that the party of the first part, in consideration of lawful money of the United States, dollars, paid by the party of the second part, does hereby grant and release unto the .party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being h~-th~ at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and beiffg at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of Boisseau Avenue, 1395.96 feet northerly along said easterly line from the Main Road, said point of beginning being the southwesterly corner of land of Barzac; from said point of beginning running along said land of Barzac, 2 courses as follows: 1. South 87 degrees 29 minutes 50 seconds East, 200 feet; 2. North 02 degrees 30 minutes 10 seconds East, 112.51 feet to land of Knutson Marine Center, Inc., being also the southerly line of a 25 foot right of way; thence along said land of Knutson Marine Center, Inc., being along said southerly line of said 25 foot right of way, South 81 degrees 55 minutes 50 seconds East, 96.70 feet; thence along land of the party of the first part, 2 courses as follows: (1) South 02 degrees 30 minutes 10 seconds West, 203.13 feet, (2) North 87 degrees 29 minutes 50 seconds West, 296.24 feet to said easterly line of Boisseau Avenue; thence along said easterly line, North 2 degrees 30 minutes 10 Seconds East, 100.00 feet to the point of BEGINNING. It is understood and agreed by and between the parties hereto that the purchaser proposes to use the above-described premises for the construction thereon of a recharge basin and/or other surface water drainage facilities to alleviate existing flooding conditions on Boisseau Avenue and the area in the vicinity thereof. The purchaser agrees that it will construct such drainage facilities in such manner that no surface water will flow from Boisseau Avenue onto other property of the adjacent thereto. It is further agreed tt~t the deed to be delivered pursuant to the terms of this agreement grant to the sellers and their assigns the right to_drain surface water from all or any part of their remaining premises (shown and designated on the Suffolk Co,unty Tax Map as District 1,000, Section 063, Block 3, Lot 1) into the recharge basin or other, drainage facilities constructed on the premises being conveyed hereunder. BEING4the same premises conveyed to the .sellers herein by deed dated April 10, 1969, recorded in the Office of the Clerk of the County of Suffolk on April 16, 1969, ':in Liber 6535 of Deeds, Page 101. ,BE ,8591 ,ACE 39 0 0 TO~ETflF. R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOC~Tr~ER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLaO the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the Party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the Party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any Part of the total of the same for any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires. ]N ~VI'I-NF..5.~ WI4Fe..R~OF~ the party of the first part has duly executod this deed the day and year first above written. Peter J. Meyer.~ Jr. ~tella Meyer / Peter Meyer, ,~II 5TAI~. OF KEW YOLK, ¢OUNI~OF £~x~oex& ss: STATE OF NEW YOff3~ COUNTY OF ss: On'the ~-O~4 day of February, 1~ , before me 19 , before me Clerks sncl l~.-~ personally came PETISR J. MEYER, JR., STELLA MEYER and PETER MEYER, III, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. STATE OF NEW YORK, COUNTY OF ~5"o'~',.,~o~/x~' ss: On the .fPf~ day of ,,,~t-o'dr~/' 19~.~, before me personally came ~/'~,~-X ~-~ to me known, who, being by me duly sworn, did depose and say that he resides at that he is the Z}~.,aoZY , the corporation described in and which executed the foregoin§ instrument; that he knows the seal of said corporation; that the seal affixed to said instrument_ is such corporate seal; that it was so affixed by order o-rf°t.~e~.ard ~ of said corpe, ra- tion, and that he sigSied_l~ name thereto by like omer. ROBERT W. T^SKER NOTARY pUBLiC, $~ste of New York Suffolk C0u~17 No. §2-3933725 Te~m Expires March 30, 1979 On the day of ~ personally e~me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same~ STAVE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of · 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; that it~was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. WITH COVENANT AGAINST GRANTOR'S ~CTS ' L G. T, PETER J. ~YEE, JR.~ S~L~ MEYER and PETER ~YER, III, TO TOWN OF SOUTHOLD SECTION BLOCK LOT COUNTY OR TOWN Recorded At Request of The Title Guarantee Company RETURI~ BY MAlL TO: fORM OF Hk'W YORK BOARD OF ~IT1.E U#DtRwRnE~s Diar~'but~d by TITLE GUARANTEE' NEWYORK ATIrOR COMPANY Robert W. Tasker, Esq. Town Attorney, Town of Southold 425 Main Street Greenport, L.I.N.Y.zle ~°' 11944 4.0,000 sq. DISTRICT 1000 SECTION 083.00 BLOCK 02.00 LOT 019.00~ Standard N. Y. B.T.U. Form 8007 11-75~ ~- Barg~'m and Sale Deed, w,th Covenant against Grantor's A~lndi~idual o~ Corporat~o, ', CONSULT YOUR LAWYER BE$ORE SIGNING THIS INSTRUMENT--THIS INSTRUMENTqq.~OULD BE USED BY LAWYERS ONLY. THI~ II~DF_~ made the i ~ i~daY of September , nineteen hundred and seventy-eight BMI'~-~N JOHN FELLINGER-IHAR and OLIVIA FELLINGER-IHAR, as tenants-in- :ommon, both =esiding at 3190 Duck Pond Road, Cutchogue, New York, ~rtyo£thefirstpa~,~d Town of Southold, a municipal corporation, having its principal place of business at (no number) Main Road, Southold, New York $679 party of the second part, ~tl'fl~, that the party of the first part, in consideration of R :' "EIVED REAL ESTP. TE UL;I ~;~ 1978 l'i u ,, ~c;FEP, ~A SUFFOt-K COUNTY Ten ($10.00) .................................................. dollars, ~wful money of the United States, and other good and valuable consideration p~d by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ~,I.!. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbeing:~ at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly line of the land of John J. Walters, which point is the following courses and distances from a monument set at the intersection of the northeasterly line of Duck Pond Road with the northwesterly line of Oregon Road; (1) North 39° 00' 00" West along the northeasterly line of Duck Pond Road 238.00 feet; (2) North 49° 44' 40" East along the northwesterly line of the land of Antone Haurus, 168~11 feet; (3) North 39° 00' 00" West along the southwesterly line of the land of John J. Walters 23.85 feet; (4) North 49° 44' 40" East along the northwesterly line of the land of John J. Walters, 131.96 feet; and running thence from said point of beginning northwesterly, northeasterly, again northwesterly and again northeasterly along the land of the parties of the first part the following courses and distances: (1) North 39° 00' 00" West 269.69 feet; (2) North 51° 00' 00" East 143.50 feet; (3) North 40° 27' 25" West 275.08 feet; (4) North 51° 00' 00" East 20.01 feet to the land of Joseph Zuhoski an~ Peter Zuhoski; thence South 40° 27' 25" East along the land of Joseph Zuhoski and Peter Zuhoski, 541.02 feet to the land of Antone Haurus; Thence South 49° 44' 40" West along the lands of Antone Haurus and of John J. Walters 170.31 feet to the point or place of beginning. TOGETHER with a twenty (20) foot easement for laying and maintaining a storm sewer and for ingress and egress to the above-described parcel of land, the center line thereof described as follows: BEGINNING at a point on the northeasterly line of Duck Pond Road, which point is North 39° 00' 00" West 388.00 feet from a monument set at the intersection of the northeasterly line of Duck Pond Road with the northwesterly line of Oregon Road and running thence North 51° 00' 00" East 300.00 feet to a point in the southwesterly line of the above-described parcel of land. ~ with all r{ght, title and interest, if any, of the ~y of the fir~ pa~ {n ~d to ~y ~re~s ~ ~s ~g t~ a~ve descfi~ pr~ses to the center fines ther~f, ~ ~th the a~une~s and MI the e~te ~d fights of the ~y of the first ~rt {n and to ~ ~D ~ HO~ the pr~s her~n ~anted un~ the ~y of the second ~, the h~rs or ~es~s ~d as~s of ~e ~y of ~e ~ond p~ forever. ANI) the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except ~ aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive su~ consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the to~l of the same for any other purpose. The word "pa~rty" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~ WHER_~OF, the party of the first part has duly executed this deed the day and year first above written. Omthe [~'~of September 1978,he'statue per~y ~me John Fellinger-Ihar and Olivia Fellinger- Ihar to me known to be the individ,~l~ described in and who executed the foregoing instrument, and acknowledged that they ex~cuted m,~~. , STATE OF NEW YORE, ~OUNTY Oil ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , 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; that it was so aiYmed by order of the board of directors of said corpora- tion, a~d that he signed h name thereto by like order. ST*TE Of NEW YOffJC. COUNTY OF On the day of personally came 19 , before me to me known to be the individual described in and who · executed the foregoing instrument, and ~lmowledged that ;TAT~ OF NIW YORK, COUNTY OII ss: On the day of 19 , before me ~ersonaily came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; tha~ the seal affixed to said instrument is such corporate seal; that it~was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. WITH COVENANT AGAINST GRANTOR'S ACTS TITtE NO. JOHN FELLINGER-IHAR and OLIVIA FELLINGER- IHAR TO TOWN OF SOUTHOLD, corporation a municipal SECTION BLOCK LOT COUNTY OR TOWN U.-MI TITLE INSURANCE Company of New York 127 W. Main Street Return to: ROBERT W. TASKER, Esq. Office of Town Attorney Town of Southold 425 Main Street Greenport, New York ZipNo. l1944 Trl~ ID 4-~~, ~AIN I~R~ENPI~RT~ I_. I. N.Y. 1194-4 RECEIVED OCT '1978 October 3, 1978 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w/ Fellinger-Ihar Dear Judy: Title to the highway drainage area being purchased by the Town of Southold from Fellinger-Ihar and located on the east side of Duck Pond Road, Cutchogue closed several days ago. The deed is being recorded in the Suffolk County Clerk's Office. When the deed and title insurance policy are returned to me they will be sent to you for filing in your office. In the meantime I am enclosing herewith a copy of the survey map of the premises in question. I am also sending a copy of the map to the Superintendent of Highways in order that he may commence construction of the drainage sump. Yours very truly, ROBERT W. TASKER RWT :MY Enclosure CC: Mr. Raymond C. Dean Superintendent of Highways m F'F'I P'E 'IENEY .D 425 MAIN SiT. [3REENPDRT, L. I., I~1. Y., 11944 August 1, 1978 Hon. Albert M. Martocchia Supervisor of the Town of Southold Town Hall Southold, New York 11971 Re: Fellinger-Ihar w/ Town of Southold Drainage Sump East Side of Duck Pond Road Dear Sir: I have examined the contract with Fillinger-Ihar for the purchase of a drain- age sump area on the east side of Duck Pond Road. You will note that paragraph 25 of the rider makes the contract and the purchase subject to a permissive referendum. In reviewing the Town Law, I find that the purchase of this property is not subject to a permissive ~eferendum. I have therefore struck out of paragraph 25 any reference to a permissive referendum. I have discussed this with Mr. Scheinberg and he is agreeable to such deletion. Enclosed herewith are the contracts in duplicate. Will you please sign both copies on the second page of the printed form and again on the second page of the rider. Both copies should then be returned to me for transmittal to Mr. Scheinberg for execution by the sellers. Yours very truly, ROBERT W. TASKER f R WT: MY Cnclosure s C: Hon. Judith T. Terry RECEIVED AUG 0 1918 Tom Clerl( Soutfiold TR~ ID 425, MAIN qT. GREENprlRT, L. I., N.Y. 11944 February 1, 1979 TE:LE:PHDN ~ Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w/ Fellinger-Ihar Dear Judy: With respect to the above captioned title closing which took place on September 20, 1978, I enclose herewith USLife Title Insurance Company policy of title insurance No. 78-52-22072 dated September 19, 1978 in the amount of $2, 000.00 naming the Town of Southold as the insured. Yours very truly, ROBERT W. TASKER RWT :MY Enclosure ATTnRNEY AT LAW RECEIVED SEP ':'" ',' 1978 Town CT,.-[, ~O.thOICl GREENpnF~T~ NEW ynRK 11=14.4 September 26, 1978 400 Osfrander Avenue Riverhead, New York 11901 Re: Town of Southold w/ Fellinger-Ihar Dear Sirs: I enclose herewith check of the Town of Southold to your order in the amount of $65.00 to cover your statement for survey work performed. Also enclosed is a Town voucher which I ask you to sign and return to the Southold Town ~lerk, Main Road, Southold. Yours very truly, RWT:MY Enclosures CONSULT YOUR LAWYER BEFORE SIGNING THIS IHSTRUMENT--THI$ IHSTRUMENT SHOULD ~E ~o~WY~S ONLY. NOTE: FIRE LOSS~. ~is form of contract contains no express provision as to risk ~f 1o. by fire or other cavity bet fore deliver of the deed. UMess express provision is made, the provisions o~$ection 5-1311 of ~e Gener~ Obligations~w w~l apply. This section ~so places risk of loss upon purchaser if ti~c or po~ession is transferred prior to closing. THIS AGREEMENT, made the day of , nineteen hundred'and BETWEEN PETER J. MEYER, JR. and'STELLA MEYER~ his wife and PETER MEYER, III, all residing at 121 Piquet Lane, Woodbury, New York hereinafter described as the seller, and TOWN OF SoUTHOLD, a municipal corporation of the State of NeTM York, having its office at Main Road, Southold, New York 11971 hereinafter described as the purchaser, t the seller a tees to sell and convey, and the purchaser agrees to purchase,...a.ll that.ce, ltain, plo.t,,piece WITNE'S'S. Et IT~l~'dfllwaith the btlildign~s and improvements thereon erected, situate, lying and being{V(~f~ a~ ;soul;hO.tO, or parcet o~ ~auu, .......... ~ - in the Town of Southold, County of Suffolk and State of New York bounded and described aS follows: BEGINNING at a point on the easterly line of Boisseau Avenue, 1395.96 feet northerly along said easterly line from the Main Road; said point of beginning being the southwesterly corner of land of ]Barzac; from said point of beginning running along said land of ]~arzac, 2 courses as follows: (1) So87°29'50''E.-200.0 feet, thence (2) N. 2o30,10"E.-112.51 feet to land of Knutson Marine Center, Inc., being also the southerly line of a 25' right of way; thence along said land of Knutson Marine Center, Inc., being along said southerly line of said 25' right of way, S. 81° 55 50 E.-96.70 feet; thence along land of the party of the first part, 2 courses, as follows: (1) S. 2°30'10"\Vo -203.13 feet; thence (2) N. 87029'50''W--296. 24 feet to said easterly line of Boisseau Avenue; thence along said.easterly line, N. 2°30'10''E. -100.00 feet to the point of beginning. Containing 40, 000 square feet. It is understood and agreed by and between the parties hereto that the purchaser proposes to use the above-described premises for the construction thereon of recharge basin and/or other surface water drainage facilities to alleviate ex- isting flooding conditions on ]Boisseau Avenue and the area in the vicinity thereof. The purchaser agrees that it will construct such drainage facilities in such manner that no surface water will flow from Boisseau Avenue onto other property of the sellers adjacent %hereto. IL is'.further agreed that the deed to be delivered pur- suant to the terms of this agreement grant to the sellers and their assigns the right to drain surface water from all or any part of their remaining premises (sho%vn and designated on the Suffolk County Tax Map as District 1, 000, Section 063, Bl~ck 3, Lot l) into the recharge basin or other drainage facilities con- strudted oh the pYehuises beifi~ Conv~yed'her~under, 1. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and i,n a. nd to any unpaid award for damage to said premis. ~ by reason of change of grade of any street; and the scllei' will execute and deliver to the purchaser, on cie'sing of title, o~ thereafter, On demand, all proper instruments for the conveyance of such title and the a~ignment and collection of ~e ~ if 3toperlv 'ity of York ed if 2. Thepricets SEVEN THOUSAND FIVE HUNDRED AND 00/100 ............................ -($7, 500.00) ................... Dollars, payable as follows: ONE HUNDRH) AND 00/100 ($100. 007 Dollars, on thc signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; SEVEN TI-IOUS_~p ]~R0~I_UNDI:LED AND 00/100 _ _Dollars, in cash or good certificd check to the order of the ~ellcr on the delivery of the deed as hereinafter,provided; ""Und~ters for mortgages of like lien; and Shall be drawnby tt~e attorney mr me sener at tlae expense__.m-erie purchaser, who shall a~/IRrpay.~e mortgage recording tax and recording fees. ' / ' ~ur~~ga is to be a subordinate mortgage on the pr~at it shall be subject m ,etothelie. of Such purchase ~~ in reduction of the principal thereof. Such purchase money~%~ga~shall also provide that such pay~enet~e holder thereof shall not ~ter or affect tie regular installments, if any, of pfincip~ayable [hereunder ~d-~} further provide that the holder thereof will, on d.mand and without charge therefor, execute, ac~owl~dge and 5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delive~ of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, ceflifyiag as to the mount of the unpaid principm and interest thereon, date of maturity thereof and rate of interest thereon, and the Seller sh~ll pay the fees for recording such certificate. Should the mortgagee be a bank or other institution as defined in Section 274% Real Property ~w, the mortgagee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or employee, or agent, containing the information required to be ~t forth in said certificate. Seller represents that such mortgage will not be in dehult at or as a result of the deliye~ of the deed'hereunder and that neither said mortgage,nor any modification thereof contains any provi~on to accelerate payment, or to change any of the other te~s or provisions · ereof by reason of the delive~ of the deed hereunder. 6. Said premises are sold and are to be conveyed subject to: a. Zoning repletions and ordinances of the city, town or vRlage in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which mid premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or hi.way. d. Any state of facts an accurate survey or persoual inspection of the premises 7. All notes or not~ces of sSolations of law or municipal ordinances, orders or requirements noted in or issued by thc Depart- mentsofHousingand Buildings, Fire, Labor, Health, orother State or Municipal Department having jurisdiction, against or aflkctmg ~e premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free thc same, and this provision of this contract shall survive delivery of the deed h~reunder. The seller shall furnish the pur- chaser with an authorization to make the neeessa~ searches therefor. c~ty o[ mew ~orn [~ect~ons >o~-~.u, etc./ prior to the delivc~ of the deed shah be P~d by th* sel- ler u~n the delive~ of the deed. This provision shall su~ive the delivery of the d~ - 9,- ~at the time of thc ?livery of the deed, the premises o~ ~een affected by an assessment or asge~nt~r may become ~n~m~~~~ chars or hen, or has been paid, th~of th s contract all the un aid install e including those which ar~e~~., ~ P: . ,, mnts of any such assessment --~~c uc~~eo,shanbedeemed tobedueand a able and~Xxxto be he~ u~n tile ~~aH b~d ~~~c I0. ~e following a{e to ~ apportioned: as~esseB. (e) Water charges on the bas's of ti,- 'e'calendar }'~--;[1 --~--1''~: the blsis or t~e~year for which 11. If the closing of the title Shall. occur before t'he tax {ate is fme~, the apportionment of taxes ~al~ be upon the basis 31ew Yor~ O 12. If.there be a water meter on the premises. Ihe seller shall furnish a reading lo a date not more than th,fly days pr to the time herein set for closing title, and the unCtxed meier charge and the unf~;ed sewer renl. if any. ba~ed thereon the intervening lime shall be apportioned on the basis of such last reading. 13. The deed shall be the usual Bargain and Sale, with Covenant Again~ Grantors Acts deed in proper statutory short form for record and shall be duly exc,:u~ed and ~-kno.~le~ged ~ :ts requiredChaser thebyfeesubdivisionsimple of 5 theof Sec tionSaid prenu~.l 3 of thefreeLieu°fallLaw.encm branch. ¢ ,-.cp! .~s hcre,n ~.ated..~'~.4 ~.',~l If thc seller is a corporation, it will deli;'er lo the purchaser at the I~rv~. of t.~: &4n-ev,g of ~-~'~ ~ ~n;-~e~.~ its Board of D~rector~ aufltofizSng thc ~Ie and delivery of thed~-~.~ ~ ~<~,~ ~e~ t~ ~,;~- Code of the City of New York and will also deliver to I~q purchaser the return required bv she said statute and the ulations issued pursuant to the authority thereof, duly signed and sworn to by the seller; tile purchaser agrees to s~gn swear to the return and to cause the check and Ihe return 1o be delivered to the City Register p~omptly ~ftcr Iheclosmgof title. ~6. The ~ller shall ~ive and thc purchaacr shall acccpl a lido suci~ as ally title company dO'lA. uffolk Count~ to the date of closing of lille[agrees Io provide at the closing separate ccllitied checks as requested, aggregating the amou of the balance of lite purchase price, to facilitate the salisfaclion of any such liens or encumbrances. The existence of such taxes or other liens and encumbrances shall not be deemed objccnons to title going ~equJgemem~. 21 If a scarch of the title discloses judgments, bankruptcies or other returns against other persons having names the same or si~ ~ilar to tbaf of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgmen bankruptcies or other returns are not against the ~ller. 22, In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability thc seller will be to r6fund to the purchaser the amount paid on account of the purchase price and to pay the net cost cx.';smining the title, which cost is not. to exceed. Ibc. charges.~ed by t lc New York Board of Tflle' Unde_wrLctsr 'l · Nand ........ flsa n 23. 'D~cdccdshallbedclivctcdu~nthc~ccciptof~idpaymensalt~eofficeof AbbyA. 3~O Jex'icho 'Furnpike, .lericho, New York 11753 20. Ih~ agreement may not be changed or terminated orally. ~e ~tipulations afore~id ate to apply to and brad t he,s, executors, administrators, successors and assign~ of lhe leapective parties. 27. If two or more persons constitute either the ~eller or the purcha~r, the word "~ller" or the word "gurch~et shall be construed as if it read "~llers" or "purchasers" wherever ~e ~n~ of th~ agreement ~o requires. IN ~iTNESS WHEREOF, this agreement has been duly executed by the parties hereto. In presence of: refer ~. Meyer, ~r. ~tella lVleyer Petex' Meyex- iii · TOWN OF SOUTItOLD By DRAINAGE EASEMENT We, JOHN T. REEVE, residing at (no number) Bennett's Pond Lane, Mattituek, County of Suffolk, State of New York and PETER E. SWAHN, residing at (no number) Bennett's Pond Lane, Mattituck, County of Suffolk, and State of New York, in consideration of the sum of One Dollar ($1.00), receipt of which is acknowledged, and the prospective benefits to be derived by reason of the laying, installing, maintaining, repairing, and replacing, if necessary, of a certain drainage pipe for storm water run-off under the supervision of the Superintendant of Highways, of the Town of Southold, County of Suffolk. State of New York do hereby convey and release to 53095 Main Street, Southold, the Town of Southold,/ County of Suffolk, State of New York, an easement and right of way for storm water run-off, over and across lands owned by us and situated in the Town of Southold, County of Suffolk, State of New York, and more particularly described on Schedule A annexed hereto and made a part hereof. The easement and right of way hereby conveyed and released is for the sole purpose of laying, installing, main- taining, repairing and replacing, if necessary, over and across the above-described land a certain drainage pipe for storm water run-off from Bennett's Pond Lane through property of the undersigned. SCHEDULE A DIST. /00 0 $£C. I/3 BLOCK /3 LOT All that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, and State of New York more particularly bounded, and described as follows: COMMENCING at a point in the southerly line of Bennett's Pond Lane which point is located the following two courses and distances from the intersection of the southerly line of Bennett's Pond Lane with the division line between Lots 5 and 6 as shown on a certain subdivision map known as "Map of Bennett's Pond," which said map was filed in the Office of the Clerk of the County of Suffolk on June 12, 1970 as Map No. 5483: (1) in a generally northeasterly direction along the southerly line of Bennett's Pond Lane a distance of 21.38 feet to a monument; and (2) along an arc of a curve to the left having a radius of 50.00 feet a distance of 31.46 feet also along the southerly line of Bennett's Pond Lane to the point or place of beginning, and from said point or place of beginning running thence along an arc of a curve to the left having a radius of 50.00 feet a distance of 15.24 feet also along the southerly line of Bennett's Pond Lane; thence South 03° 28' 20 West a distance of 100.39 feet to a point; thence South 29° 32' 00" East a distance of 94.46 feet to land now or formerly of Gilles; thence South 74° 42' 20 West along said land now or formerly of Gilles a distance of 15.47 feet to a point; thence North 29° 32' 00" West a distance of 95.12 feet to a point; thence North 03' 28' 20" East a distance of 102.52 feet to the southerly line of Bennett's Pond Lane and the point or place of beginning. ~T cotch bo$~ I~00 ' Lot 6 ~§.00 REVISIONS UNAUTHORIZEO ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION COPIES OF THIS SURVEY MAp NOT BEARING GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SU~EY IS PREPARED, AND Off HiS BEHALF TO THE TITLE COMPANY~ GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED flEREON~ AND TO THE ASSIGNEES OF THE LENDING INSTITUTION GUARANTEES ARE NOT TRANSF£RASLE TO ADD!TIONAL INSTITUTIONS OR SUBSEQUENT OWNER~. ~" Gi i les or formerly p O Vl YOUNG & YOUNG 400 OSTRANDER AVENUE, EIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG SURVEY' OF= PROPOSED DRAINAGE The undersigned, JOHN T. REEVE and PETER E. SWAHN, do hereby release the Town of Southold from any and all claims for damages arising in any way because of or incident to the construction and maintenance of the drainage pipe for storm water run-off across the described land. In witness whereof, we have hereunto set our hands this (JoyT. Reeve) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On this /~2~'day of~Nineteen Hundred and Seventy- seven before me, the subscriber, personally appeared JOHN T. REEVE to me personally known and known to me to be the same person and he described in and who executed the within instrument, duly acknowledged to me that he executed the same. Notary PublD6 STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: On this /%/---~day of 9~W~e~.r, Nineteen Hundred and Seventy- seven before me, the subscriber, personally appeared PETER E. SWAHN to me personally known and known to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. '----~IVED g, UFFOL.K couture_5.._.--- DRAINAGE EASEMENT For premises of JOHN T. REEVE And premises of PETER E. SWAHN Located at Bennett's Pond Lane, Mattituck, New York Roberf W ........... r, E q. 425 ~ai.u S'~c't Greenport, :o.'~ York l!9&~ '1 TI-II LD 425 MAIN qT. GREENPORT, I. I., N.Y. 11944 February 22, 1978 T[LIrpHQN[ Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Drainage Easement at Bennett's Pond Lane, Ma//truck Dear Judy: I enclose herewith for filing in your office drainage easement from John T. Reeve and Peter E. Swahn to the Town of Southold dated December 12, 1977 mud recorded in the Suffolk County Clerk's Office on February 10, 1978 in Liber 8386 at page 391. A photostatic copy of the drainage easement is being sent to the Superintendent of Highways. Yours very truly, ROBERT W. TASKER RWT: MY Enclosure CC: Mr. Raymond C. Dean Superintendent of Highways At a meeting of the Town Board held on the 12th day of April. 1962, WHEREAS, the Superintendent of Highways of the Town of Southold has advised the Town Board that a serious flooding condition exists on Tuckers Lane at Southold and recommends that land be acquired on the east side of Tuckers Lane for the purpose of constructing a leaching basin to drain surface water on Tuckers Lane, and WHEREAS. the Superintendent of Highways has also advised the Town Board that he has consulted with the Donahue family, the owners of the property on the east side of Tuckers Lane and said owners will convey the parcel of land hereinafter described to the Town of Southold for the sum of $1,500.00, NOW, THEREFORE, BE IT RESOLVED. that the Supervisor of the Town of Southold be and he hereby is authorized and directed to enter into a contract and to purchase the property hereinafter described from the present owners for the sum of $1,500.00, said real property being describe( as follows: ALL that plot, piece or parcel of lan~ situate, lying and being at Southold0 in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of Tucker Lane 300 feet southerly along said line from land now or formerly of Zigmund Helinski and running thence along other land now or formerly of Donahue three courses, as follows: (1) North 55 degrees 00 minutes 00 seconds East 149. 81 feet; thence (2) South 35 degrees 00 minutes 00 seconds East 100 feet; thence (3) South 55 degrees 00 minutes 00 seconds West 149. 81 feet to the easterly line of said Tucker Lane; thence along said easterly line North 35 degrees 00 minutes 00 seconds West 100 feet to the point of beginning. JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS TELEPHONE · (516) 7654801 July 23, 1980 Honorable Arthur J. Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Transmitted herewith for filing in your office is deed fromW_~.~to the Town of Southold. Enclosed herewith is check in the amount of $10.00 to cover the filing fees. Very truly yours, Judith T. T~rry Town Clerk Enclosure TITLE INSLIR;tNCE POLICY THE TITLE GUARA.NTEE COMPA.NY 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 incumbrances affecting title at the date hereof', or by rea ~sgn 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, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances 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 compli- ance by the insured with the stipulations of said conditions, and not otherwise. has caused this policy to be signed and sealed on its date of issue set forth herein. CONDITION~ Section 1 DEFINITIONS (a) Wbercver the term "insured" is used in this policy it includes those who succeed to the inter~t of the insured by operation of law including, without limitation, heirs, dlstributees, devisees, survivors, personal representatives, next of kin or corporate successors, as thc case may be, and those to whom thc insured has assigned this policy where such a~ignment is permitted by the terms hereof, and whenever thc term "insured" is used in the conditions of this policy it also includes the attorneys and agents of thc "insured?' (b) Wherever thc terra "this company" is used in this policy it means The Title Guarantee Company. (c) Wherever the term "final determination" or "finally deter- mined" is nsctl in this policy, it means the final determination of a court of competent jurisdiction after disposition of all appeals or after thc time to appeal has expired. (d) Wherever thc term "the premises" is used in this policy, it means the property insured berein 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 thc office of the recording officer of thc county in which property insured herein lies. Section 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 incumbrance not 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 covenant or contract relating thereto which it considers desirable to prevent or reduce loss bereunder. (c) In all cases where this policy requires or permits this company to prosecute or defend, thc insured shall secure to it thc 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 thc insured. (d) Thc provisions of this section shall survive payment by this company of any specific la or payment of thc cntlrc amount of this policy to the extent that this company shall deem it necessary in recovering the loss from those who may Dc liable tbercfor to the insured or to this company. Section 3 CASES WHERE LIABILITY ARISES No claim for damages shall arise or be maintalnablc under this pollcy except in thc following cases: (a) WDCre there has been a final dctcrminatlon under which the insured may be disposseszed, evicted or ejected from thc premises or from some part or undivided share or intcrezt therein. (b) Where there has been a final dctcrminailon adverse to thc title, upon a lien or incumbrance not cxceptcct in this policy. (c) Where thc insured shall have contracted in good faith in writing to sell the insured estate or intcrezt, or where thc insured estate has been sold for the benefit of the insured pursuant to thc judgment or order of a court and thc title has been rejected because of a defect or incumbrance not excepted in this policy and there has been a final determination sustaining the objection to the title. (d) Where the insurance is upon thc interest of a mortgagee and the mortgage has been adjudged by a final determination to be invalitl or ineffectual to charge thc insured's estate or interest in thc premises, or subject to a prior lien or incumbrance not cxccptetl in this policy; or wberc a recording officer has refused to accept from thc insured a satisfaction of thc insured mortgage and there has been a final deter- ruination sustaining thc refusal because of a defect in thc tide to the said mortgage. (c) Where thc insured shall have negotiated a loan to be made on thc security of a mortgage on the insured's estate or interest in the premises and thc tide shall have been rejected by thc proposed lender and it shall have been finally determined that the rejection of the title was justified because of a defect or incumbrance not excepted in this policy. (f) Where the insured shall have tranfferred the title insured by an instrument containing covenants in regard to title or warranty thereof and there shall have been a final determinaton on any of such cove- nants or warranty, against the insured, because of a defect or incum- brance 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 incumbrance 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 incumbrance, removes such defect or incumbrance 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. Section 4 NOTICE OF CLAIM In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the tide hereby insured, or in case actual knowledge shall come to the insured of any claim adverse to the tide insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process or pleading in any action or proceeding, the object or effect of which shall or may be to tmpugn, attack or call in question the validity of the title hereby insured, the insured shall promptly notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, proems or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in the future prejudice this company. Section 5 PAYMENT OF LOSS (a) This company will pay, in addition to thc loss, all statutory costs and allowanccz imposed on thc insured in litigation carried on by this company for the insured under thc terms of this policy. This company shall not be liable for and will not pay thc fccs of any counsel or attorney employed by thc insured. (b) In every case where claim is made for lass or damage this company (1) reserves the right to setilc, at its own cost, any claim or suit which may involve liability under this policy; or (2) may termi- nate its liability bereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, demand a valua- tion of thc 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 sclcctlng an umpire. Such vaiua- tion, less the amount of any incumbrances on said insured estate and interest not hereby insured against, shall be thc extent of this com- pany'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 thc insured shall have rendered a conveyance or assignment of the insured estate or interest to this company or its designee at such valuation, dlminishcd 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 a.mount of the pecuniary interest of such collateral holder in the (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 allow- ances imposed on the insured in such actions and proceedings, and (2), if the insured is a mortgagee, payments made to satisfy or subordi- nate prior liens or incumbrances not set forth in Schedule B. (e) When liability has been definitely fixed in accordance with the conditions of this policy, the lass or damage shall be payable within thirty days thereafter. CONDITIONS~D CONTINUED ON INSIDE BACK COVER ?04 * ~.e2 . ,oM TItE 'TITLE GU.I~A.hrTEj~ COMPA)Y~' Name o{ Insured T~]~ TOTalS]' 0~' BOI,]~OL~ Policy No. 1236627 ~,mounf of Insurance $ 1,500.00 Date of Issue 6/13/62 The esfa'l'e or interest insured by ibis policy is fee simple vas+ed in the insured by means of & deed made by ~d~ ~. Don~ue ~d Hay S. Don~ue, ~s ~fe, R~ond ~. ~n~ue ~d ~. D~hue,_h~ ~fe ~d ReE~d S. Donate and Client B. ~n~ue ~a~ed 6/1~/6~ recorded 6/18/6~ la ~ber ~82 cp 4~. SCHEDULE B The fo[lowing estates, interests, defects, objecflons to t~tle, liens end incumbrances end other rneffers are excepted from the coverage o~ th;s po[;cy: I. Defects and incumbrances arising or becom;nga lien after fha date of or the right fo maintain therein vaults, tunnels, ramps or any other sfruc. this policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmentaj war or police powers over the premises. 3. Zoning restrictions or ordinances imposed by any governmental body. 4. Judgments against the nsured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the prlvlty of the ~nsured. 5. Wtle to any property beyond the lines of the premises or fo the land in any streets, roads, avenues, lanes or ways on which the premises abut, tuts, or improvement or any r~ghts or easements therein unless this nollcv spec;flcally provides that such ands, rahts or easement .... ' 5 ' cepf that if fha premises abut upon a ~phys;celly open s~fr;'e~ b?u~;~jUh~vae;' this policy, unless ofherwise excepted, insures the ordinary r~ghfs of acces; end egress belonging fo abutting owners. 6. Compliance by the buildings or other erections upon the premises or tnhceni~e~Se with Federal, State and Municipal laws, regulations and ordi- 7. Titie fo any personal property, whether fha same be attached to or used in connection with said premises or ofherwlse. A.' Any state of facts an ~nspeotton o~ the Praises ml/~ht show. B. ~-ve~ by Otto ~. V~ ~1 dmted 5/~/62 shows ~c~t Plot. No v~atlons. O. Second half 1961/62 To~m and ~chool Taxes, SCHEDULE "5" OF THiS POLICY CONSISTS OF ~ SHEET(S). Policy No. 12B66~? SCHEDULE A The premises ~n which the insured has the esfafe or inferesf covered by fh~$ po/icy ALT, that certain plot, piece or parcel of land, with the buildings thereon erected, 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 easterly line of Tucker Lane dis~nt 300 feet southerly along said line from land of Zigmund Helinski and running THENCE along other land of Donahue three courses as follows: 1. North 55 degrees 00 minutes 00 seconds East 149.81 feet; 2. South S5 degrees O0 minutes O0 seconds East 100 feet; S. South 55 degrees O0 minutes O0 seconds West 149.81 feet to the easterly line of said Tucker Lane; THENCE along said easterly line of said Lane North ~5 degrees 00 minutes 00 seconds Wast 100 feet to the point or place of beginning. CONDITIONS CONTINUED FROM INSIDE FRONT COVER Section 6 CO-INSURANCE AND APPORTIONMENT (a) In thc event that a partial loss occurs after an alteration or improvement subsequent to thc date of this policy, and only in that event, thc insured becomes a co-insurer to thc extent hereinafter set forth. If the cost of the alteration or improvement exceeds 20 per centum of the amount insured bereunder~ such proportion only of any partial loss established shall be borne by this company as 120 per centum of the amount of th~s pohcy bears to the sum of the amount of th~s po my and the amount expended for the alteration or improvement. This clause shall not apply to counsel fees and disbursements in- curred by this company in defending or prosecuting actions or pro- ceedings in behalf of the insured pursuant to the terms of this policy or to costs imposed on the insured in such actions or proceedings. This clause shall not apply to losses which do not exceed in the aggregate an amount equal to one per centum of the face amount of this policy. This company will pay such fees, disbursements, costs and losses with- out contribution by the insured. (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 subsequent to the date of this policy. (c) Clauses "(a)" and "(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 liability for any loss shall have been fixed pur- suant to the conditions of this policy, the insured holds another policy of insurance covering the same loss issued by another company, this company shall not be liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of insurance held by the insured~ unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or insurers. Section 7 ASSIGNMENT OF POLICY If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall inure to the benefit of successive assignees of the mortgage without consent of this company or its en- dorsement of this policy. Provision is made in the rate manual of New York Board of Title Underwriters filed with the Superintendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other instru- ment of transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. Section 8 SUBROGATION (a) This company shall to the extent of any payment by it of loss under this policy, be subrogated to ali 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 trans- ferred shall be subordinate to any remaining interest of the insured. (b) If the insured is a mortgagee, this company's right of subroga- tion 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 modify- ing the insured mortgage provided such acts do not affect the validiW or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. Section 9 MISREPRESENTATION Any untrue statement made by the insured, with respect to any material fact, or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. Section 10 NO WAIVER OF CONDITIONS This company may take any appropriate 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. Section 11 POLICY ENTIRE CONTRACT All actions or proceedings against this company must be based on thc provisions of this policy. Any otber 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 dccmcd to have merged in and be restricted to its terms and conditions. Section 12 VALIDATION 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 insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents. ENDORSEMENTS O A Valuable Document Insurance THE TITLE GUARANTEE COMPANY Title Insurance Throughout NEW YORK, NEW JERSEY, CONNECTICUT, MASSACHUSETTS, MAINE, NEW HAMPSHIRE, VERMONT AND GEORGIA HEAD OFFICE 176 BROADWAI", NEW I~'ORK CITY RESOLUTION PURCHASE OF PROPERTY AT TUCKERS LANE, SOUTHOLD, FOR HIGHWAY DRAINAGE Dated: April 12, 1962 CONSULT YOUR L~WY~R BEFORE SI~k~NG THIS INSTRUMENT--THIS INSTRUMENT t~ULD BE USED BY LAWYERS ONLY. M-3085 ~ INDF~ made the 7 ~( day of July , ~neteen hundred ~nd Eighty, BET~FE~N WINIFRED SAYRE, residing at (no number) Calves Neck Road, F~ Southold, New York 11971, individually and as Executrix of the Last }£~7/ ~Will and Testament of F. Harold Sayre, deceased, '~!~ aP~ ~jxth;s~tn~a%~dderT~a~nd~ySv~tHu~eLD;fat~eun~spa~fc~Pe~at~e~n~rNg~i~rn~ L, DIST. Il000 O 79~ BLOCK LOT %4~1 & havig its princiPal office and place of business at~outhold, Suffolk County, New York, 53095 ~ain Ro~d, par~ of the se~nd ~rt, WITNESSETH~ t~t the pa~y of the first pan, in consideration of ten dolla~ paid ~ the party of the se~ ~, does here~ remise, rde~e and q~tclaim umo ~e ~r~ of the second ~n, the heirs or su~esso~ and ~s~s of the party of the s~ond ~ ~r~er, A1J~ t~t certain p~t, piece or p~cel of la~, R!~:~"'~i~g~.~&S~iX~m~Ra~Om~x~dg sit.re, ~ing and bd~ at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Northfield Lane, 561.55 feet easterly along said southerly line from Dayton Road; being the northeasterly corner of land conveyed by the party of the first part to Rochford by deed dated February 21, 1978 and recorded in Liber 8398 of Deeds at page 187; from said point of beginning running along said southerly line of Northfield Lane, North 82 degrees 18 minutes 10 seconds East 35.0 feet to land of Ognibene; THENCE along said land of Ognibene, South 7 degrees 36 minutes 40 seconds East 156.42 feet to land of Koke; THENCE along said land of Koke, South 26 degrees 35 minutes 10 seconds West 86.0 feet to land of Reese; THENCE along said land of Reese, North 62 degrees 10 minutes 30 seconds West 30.43 feet to said land of Rochford; THENCE along said land of Rochf~rd, No=th 2 ~egrees 41 minutes 10 seconds East 213.29 feet to the point of ~eginnzng. Containing 0°234 acre. This Deed is given for the correction of the description in a prior deed from Harold Sayre to the party of the second part dated August 7, 1962 and recorded in Liber 5234 of Deeds at page 200. TOGETHER with all right, title and interest, if. any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby 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 purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total o£ the same for any other parpase. The word "party" sha~l, be construed ns if it read "parties" whenever the sense of thiS' indenture ~ requires. IN WrrN~ WHKREOF[ the party of the first part has duly executed this deed the day and year first above written. IN I~RESENCE OF: (Winifr~d Sayre, Individually and as Executrix of =he Last Will and Testament of F. Harold Sayre, Dec'd.) STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the 7~'day of July, 19 80, before me personally came ~.. ~q'T_FR~D SAYR~, individuall} and as Executr~ o~- Last WEll and Testa- ment of F. Harold Sa~. ?., Deceased. to me known to be the in~ivldual described i-n and who executed the foregoing instrument, and acknowledged that she executed the same. RENSSELA. ER · · Notaw public, State of New York No. 52-3954850 Qustified in Suffol~ CounW Commission Expires March 30, t98t STATE OF NEW YORK, COUNTY O1~ sm On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of , 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; that it was so afllxed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY On th= day of personally c~,ne 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that. executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am persormlly acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, s~id witness, at the same time subscribed h . name as wit~ess thereto. TITLE NO. ~uit£1aim ~tt~ M-3085 WINIFRED SAYRE, individually and as Executrix of Last WEll and Testament of F. Harold Sayre, Deceased TO TOWN OF SOUTHOLD SECTION 79 BLOCK 3 LOT 4.1 and 46 COUNTY OR TOWN Suffolk, Southold. Recorded At Request oI The Title Guarantee Company RETURN BY MAIL TO: ~ THE TITLE GUARANTEE COMPA.iY'F REAL ESTATE JUL 2 8 1980 TRANSFER TAX SUFbOLK COUNTY 1,1° -\. THISINDENTUR~ madethe / dayof April ,nineteenhundr~ and seventy-three, BE3-vVEEN MARY J. GRIGONIS, residing at Wells Avenue, Southold, Suffolk County, New York 11971, partyofthefirstpart, apd TOWN OF SOUTHOLD, a municipal corporation in Suffolk County having its office and principal place of business at Main Road, S'outhold, Suffolk County, New York ll9?l, party of the second pa~, wITNEss~I-fl, that the party of the first part, in consideration of Ten Dollars and other ~aluab!e conslderatlon paid by the party of the second part, does hereby grant and release nnto the pa~y of the second part, the heirs or sugqessors and assi~s of the par~y of the second part forever, ~nose ALL tlT~certainplot,~iec~0rparcelSofland, wlththe~uY~c/y,~im~r~vem~nto~ ..... : ....... ]y]ngandbemgtn.~I/~ in Southold, Town of Southold, County of Suffolk and ' State of New York, known and designated as ~ernick Lane, Harper Road West, Peck Place, Drainage Area and that portion of Grigonis Path extending from its northerly terminus southerly to its intersection with Jernick Lane, all as shown on Map of Has, est Homes Estates, Section One, Southol~, Suffolk County, New York owned and developed by Mary J. Grigonis, survey completed December 16, 1968 Van Tuyl & Son, Licensed Land Surveyors and filed in the Suffolk County Clerk's Office on 7/18/69 as Map No. 5337. TOGETHER wltlKulI right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER xvith the appurtenances and all the estate and rigbts of ~he party of the first part in and to said premisek; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party o£ the second part forever. AND the party of the first par~ covenants that the party of the first part has not done or suffered anythiug whereby the said premises have been encumbered in an wa · A~ND the party of the first hart i- - " .' - ~ y' y whatexer, except as aforesaid. ,- , - ,-ompnance x~tn be~on 13 of the Lien ~w, covenants that the ~rty of · the first part will receive the consideration for this conveyance and will hold the right to receive su~ consid- eration as a trust fund to be applied first for ~he pur~se of paying the cost of the improv~ent and will applr the sa~ne first to tbe payment of the cost of the improvement before using any ~rt of the total of the s~e f~r any other pur~se. The word "~y" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITN~ WH~OF~ the ~rty of the first ~ has duly ex~uted this deed the day and year first a~ve written. RECEIVE~ Mary ~j.v Oeigo~s . . - ncTB 1977 BY sOUTHOLD TOWN 4IGHWAY DEPARTMENt'" ORDER LAYING OUT A HIGHWAY '~'~ITH THE CONSENT OF THE TOWN BOARD. Written application having been made to me town superintendent of hlghw~ym 'for the. Town of Southold, Suffolk County, New York, by Kathryn N. Wells others, persons liable to be ~ssessed for highway taXes in said Town and the wrltten consent of the Town Board of said Town having been glven as prescribed by law, and release from damages having been executed by the owners of the land through w~lch the proposed highway i~ to be laid out, copy of which is hereto annexed, and nothlng havlng been paid to any claimant for such damages, it la hereby ........ ORDERED AND DETERMINED that e highway shall be and the same is hereby· 'laid~ ._ -.. ~.-- ,.~,,. '~,~ between la~d of Cha. rlea X. Becktold a~d lm'~d of Estate of George H. Wells and 1. S. 15o 45t 10" E. 671.78 feet; thence Z. N. 70~ 2~! SOW E. 149.89 feet to the s~theasterly corner of l~d of said Charle~ N. Becktold ~d to l~d Of L. Barren Hill; thence along .sald l~d of L. Barren Hill, two co~sem, ~ followa:- 1. S. ZOe 56~ O0*~ E. ~78.08 feet; th~ce Z; S. 19~ 09~ 10~ E. 169.98 feet; thence alone other l~d of Estate of George H. Wellm on a c~ve to the rlg~ whose radius Is 249.59 feet a dlat~ce on said curve of t90.23 feet; thence along other l~d of Estate of George N. Wells, S. ~ ~-~ W. 84.07 feet; thence along other l~d of ~tate of G~rge H. ~ells m a curve to the left whose radius Is 139.38 feet a diet,ce on said c~ve of 198.30 feet; thence along l~d ~f ~tate of George N. Wells, thee co~ses, am follows:- 1. S. 6~o O0~ O0. E. 408.~ fee~; thence Z. S. 490 40~ 40" E. ~6.8Z feet; thence 3. S. 360 30~ 00" E. 60.00 feet to the northwesterly corner of lot n~ben 14 as sho~ on a map entitled, "PI~ of Lots o~ed by ~or~ H. Wells situate at Southold, Suffolk Co~ty, New York", dated Nov. 10, 19Z7 ~d filed In S~folk Co~ty Cle~s Office Nov. 28, 1927 in File N~ber 859; thence along the westerly l~e of Lot No. 14 on s~d map~ S. ~o ZS~ E. 55.0 feet; thence ~long the westerly l~e of lot No. I3 on said ~p, S. 4- 46~ 40" E. 55.0.feet; ~hence alo~ the westerly line of Lot No. 12 on:said mp, S. Z4~ Z5; W. 100.0 feet; thence along the westerly l~e of Lot No. 11 on said map~ ~; 41~$1~40, ~.65. feet'; thence alo~ the westerly-line of Lot No. 10 on s~d ma~, S. 4~- 50* W. 70.0 feet; th~ce along the westerly line of Lot No. 9 on said'map, S. 66o~ W. ~0.0 feet; thence alo~ the northerly line of ~ts Nos. 8,~,6 ~d 5 on said map~ S. 81~ 40~ W. 403.Zl feet; thence along the northerly line of ~ts N~. 4, 3, 2 and 1 on s~d map, S. ~3o ~ W. 380 feet to the e~terly line of ~k ~wn Avenue at a point about ~0 feet northerly from the shore of Jockey Creek. Said p~posed 5i$~y Is to be 50 feet wide excep~l~ opposite said south- easterly corner of l~d of ~arles H. Becktold at which point said hi,way is .widened by a curve to the right whose radius is 80 feet, begl~l~ on said Boutherly line 50 feet ~utherly f~m said l~d of C. H. Becktold ~d running on said c~ve a diet,ce of 123.85 feet to a line 50 feet westerly ~om said l~d-of L. Barren Hill, ~hich proposed laying out will pass through lands of the EState of George H. ~ells, only. 29 mtsd this / l'OWn SuperlZntendent of Highways. TO THE TO;~/I SUPERINTEND£NT OF HIGH~A~ OF THE TO:',M OF SOUTHOLD' IN T~E COUNTY OF SUFFOLK AND STATE OF NEW yORK. . The undersigned; liable to be s.s. sensed for highway taxes in the Town of Southold, hgFeby apply to )ou to lay out a new highway at Southold, in the Town of Southold, Suffolk County, New York, to be kno~nu as %~ELLS AVENUE, and described as follows:~ The Easterly line is described sm follows:- BEGINNING 'at a p01nt on the southerly line of Maln'R°ad On the dlvlslon 1'~ between land of Charles H. Becktold and land of Estate of George H. Wells~and running thence along said division line, two courses, as T$11ows:- · ~''i ~ ~;~2~.~. Charles H. Becktold and to land of L. Barron Hill; thence along said. land ' 1. Si 200 56~ O0~! E. 778.08 feet; thence · ~' .... 2'. S, 19~ 09~ IO"E. 169.98 feet; thence along other land of Estate 'of ' George H. Wells on a curve to the right whose radius is 249.59 feet a distance on said curve of 190.23 feet; thence along other land of Estate of George H. Wells, S. 240 ~0r 50~i W. 84.07 feet; thence along other land of Estate of Geo~e H. Wells on a curve to the left whose radius is 159.38 feet & distance on said curve of 198.~0 feet; thence along land of Estate of George H. Wells, ~hree courses, as follows:- - 1. S. 5?0 00~ 00~ E. 408.00 feet; thence ' ' 2. S.'49~ 40* 40Il E. 78.82 feet; thence ~. S. Sam ~0~ 007 E. 60.00 feet to the northwesterly corner of lot number 14 as shown on a map entitled, "Plan of Lots owned b~ George H. Wells situate at Southold, Suffolk County, New York", dated Nov. 10, 1927 and filed in Suffolk County Clerk's Office Nov. 28, 1927 in File Number 889; tkence Along t. he westerly llne of Lot No. 14 'on said map, S. 2~ 25~ E. 55.0 feet; thence along the %.]esterly llne of lot No. 1~ on said ~aP, S.4o 46t 40N E. 55.0 feet; thence along the westerly llne of Lot No. 12 6n said map, S. 240 25' %~. 100.0 feet; thence along the westerly llne of Lot No. 11 on said map, S. 41oS1~40" Wo 72.6~ feet; thence along the ~sterly llne of Lot No.' 10 on said map, S. 47e 50~ W. 70.0 feet; thence along the weste~ line of Lot No. 9 on said map, S. 68~ ~01 'g. 70.0 feet; thence along the northerly llne of Lots· Nos. 8, 7, 6 an 5 on said map, S. 81~ 40! W. 405.21 feet; thence along the northerly llne of Lots Nos. 4, S, 2 and 1 on said map, S. 75- 20~ W. $80 feet ~o the easterly line of Oak LawD Avenue at a point about 220 feet nor6herly from the shore of Jockey Creek. ' Said proposed highway is to be 80 feet wide excepting opposite said south~ easterly corner of land of Charles H. BeCk, told at which point said highway is widened by a curve to the right Whose radius is 80 feet, beginning on said southerly llne ~0 feet southerly from said land of C. H. Becktold and r~nnlng on said curve a distance of 12~.~8 feet to a line 80 feet westerly from said land of L. Barton Hill, which proposed laying out will pass through the land Of the Estate of George Dated this /~ day of April, 19A~. WE, the undersigned, a majority of the Town Board of the Tow. of Southold, havln~ met at the office of the Supervisor, at Greenport, in sa~d Town, on the /~/7 day of .~_ 1944, and considered the applt~tlon Kathryn N. Wells and others for the laying out of a new highway' at $outhold, Town of Soutb~l~ Suffolk County, New York, to be known as WELLS AVENUN, do hereby consent that such laying out be made in accordance with the p~ayer of the wlthln petition. Town Supervisor. ' ' , ., ?: - ...-... ~ Town'Clerk. Peace. Superintendent of Highways. WE, KATHR~N N. WELL~; CAROL E. WELLS; GLADYS W. NERWIN; HERBERT W. WELLS; ALICE B. $~ELLS ~nd ELIZABETR H! WELL~, all of So. uthold, Town of Southold~ Suffolk County, New York, being all' of the devise~s named in the last Will and Tsstsment of GEORGE H, WELLS, late of the Town of Southold, deceased,·in con- sideration of the sum of ONE DOLLAR, to us in.hand paid by HAROLD PRICE, TOWN SUPERINTENDENT OF HIGRWAY~, of the Town of Eouthold,.and in ~rther considerati¢ of the laying out of a new 'highway at gouthold~ To~u of gouthold, Su£folk ~o~nty il New York, to be known as WELLS AVENUE., and descrl'bed as follows:J The Easterly line is described as follows:- ~GINNING at a point on the southerly line of Naln Road on the divIs1 between land of Charles Ri Becktold and land of Estate of George H. Wells sndi running thence along said division line, two courses, ss follows:- 1. S. 15, 45! lOw E. 671.78 feet; thence :.. Z. N. 70~ EE! ZO~ E. 149.89 feet to the southeasterly corner of land ors a~' Charles H. Becktold and to land of L. Barron Rill; thence along said land of L. Barton Rill, two Courses, as follows:- 1. S. ZOo 58~ 00" E. 778.08 feet; thence' 2. S. i9~ 09! IO~E. 189.98 feet; thence along other land of Estate George H. Wells on a curve to the right whose radius is 249.59 feet a distance o~ said cUrve of 190.Z~ feet; thence along other land of Estate of George R. Wells, S. S4e ~0~ 50~ W. 84.07 feet; thence along other land of Estate of George H. Wells on a curve to the left whose radius is 139~$8 feet a d/stance on said curve of 198.~0 feet; thence along land of Estate of George R. Wells, three coUrses, as follows:- 1. S. 57~ O0! O0t! E. 408.00 feet; thence Z. S. 49e 40~ 40*! E, 78.82 feet; thence S. S. SG~ ~0~ 00" E. 80.00 feet to the northwesterly corner of lot number 14 as shown on., a map entitled, ~Plan of Lots o..w~?d b_v Geor¢~e H. Well~ ~*,. 9t Southold, ~u£folk County, New York", dated N$v,. 10, 19Z7 and filed in ~uffolk County Clerk's Office Nov. 28, 19E7, In'File Number 859; thence a~ong the westerly line .of Lot No. 14 on said map, S. ~5e ZS~ E. 55.0 feet; thence along the westerly llne of lot No. 1~ on said map, S. 4~ 46! 40" E. 55.0 feet; thence along the westerly llne of Lot No. lZ on said map, S, 24~ Z5~ W. 100.0 feet; thence along the westerly line of Lot No.'ll on said map, S. 41e ~1! 40r~ W 7~.6~ feet; thence along the westerly line of Lot No. 10 on said map, S. 47- 50~ W. 70.0 feet; thence along the w. esterly line of Lot No. 9 on said map, S. 86~ SO~ ~. 70.0 feet; thence along the northerly line of Lots Nos. 8, 7, 6 andl 5 on said map, S. 81e 40~ W. 405.Zl feet; thence along the northerly line of Lots Nos. ~, S,Z and 1 on said map,- $. 7S* ZO! W. $80 feet to the easterly line 3f O~k Lawn Avenue at a point about ZP.O feet northerly from the 'shore ~f gockey 3reek. Said proposed highway is to be ~0 feet wide excepting opposite said south- ~asterly corner of land of Charles H. Becktold at which point.said highway is vldened by a curve to the right whose radius is 80 feet, beginning on said ~oUtherly line 50 feet southerly from said land of C. ~r. Becktold and running ~n said cUrve a distance of lZ~.85 feet ~o a llne 50 feet westerly from said land of L. Barton Rill, which proposed new highway will be known as ?fELLS AVAq~gE and will pass th. rough the lands of the George R. Wells ~staue only, do hereby dedicate and -release to the Torn of Southold, all land heretofore or,ned by us and included within the premises above describe.d, and do hereby release s{id Town from all damages by reason of the laying out of the new highway. STATE OF N~W YORK, Belng all of the devlseea named in the last'_ }rill and Testament of GEORGE H. deceased. . SS:- COUNTY OF SUFFOLK. 'On the /7 -~ day of April, ~944~ before me personally came KATHRYN N. }'~LLE; CAROL E. WELL~; GLADY~ W. RERWIN; HEF~ER~ W. WELL~; ALICE B~ ~TErJAand ELIZABETH H. WELLS, being all of the devisees named in 'the last Will Sad Testa- ment of GEORGE H. NELLS, deceaaed, all' of Southold, New 'York, personally known to me ~nd known to me to be the persons described in ~nd who executed the foregoing instrument and they severally ~ckno~dged to me that they executed the same. (Not~ry .2ubllc., CONSULT YOUR LAWYER BEFORE SIGNING, THIS INSTRUMENT ' THIS INSTEUMEN? SHOULD B~ USED ~Y LAWYERS ONLY THIS INDENTURE., made the /?~"-~ day of May B£TWEEN WILLIAM W. SCHRIEVER, residing at Orient, New York, )istrict: [000 3ec: ~_5oo Slock Lo t: ~. o 016.o-5 , nineteen hundred and seventy-n'ine (no #) Main Road, WILLIAM W. SCHRIEVER ' party of the first part, and THE TOWN OF SOU~HOLD, a Mun~ipal Corporation of the State of New York having its principal place of business at 53095 Main Street, Southold, New York, pa~'ct.y of the second part, wITN£sSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being im{t,~ at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at a point which is on the ~esterly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following tWO courses: 1) North 1 degree 47 minutes 30 seconds East 268.55 feet; 2) North 8 degrees 06 minutes 30 seconds West 195.27 feet proceeding along land of the Town of Southold the following two courses: 1) South 82 degrees 32 minutes 20 seconds West 100 feet; 2) South 8 degrees 06 minutes 30 seconds East 38.31 feet; THENCE along land of William W. Schriever the following three courses: 1) South 87 degrees 47 minutes 30 seconds West 114.16 feet; 2) North 0 degrees 38 minutes 00 seconds West 47.28 feet; 3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of BEGINNING. Th~ grantor herein is the same person as the grantee in deed dated December 27, 1973 which was recorded in the Suffolk County Clerk's Office on January 10, 1974 in Liber 7567 cp. 126. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and ta said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party Of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indent?e so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. STATE OF NEW YORI~ COUNTY OF Suffolk ss: 0'~ the '/~ day of ~ 19 ?9. before me personally came William W. Schriever to ute known to be the individual described in and wfio executed the foregoing instrument, and acknowledged that executed the same. Notary Pub lie CHAr, L~$ R. CU=.DY NOTARY PUBLIC, g:a{~ ot ,*.!aw Yor~ No. 52-5872225 ' Su;,%Jk County ~ommissJon ~.x£;res March 30~ STATE OF NEW YORK, COUNTY OF SS: · On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrnment is such corporate seal; that it was so affixed by order of the board of directors' of said corpora- tion, and that he signed h name thereto by llke order. STAT! OF NEW YORK, COUNTY OF SS: On the~ day of 19 ' , before me persona~ame to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK. COUN'IT Ol~ SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he 'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same: and that he, said witness, at the same time subscribed h name as witness thereto. Bargain am ale i eei WITH COVENANT AGAINST {~RANTOR'S AGes I O¢1 T. G. T, SC~IE~R TO T~ OF SOUTHO~ SECTION BLOCK LOT COUNTY Olt TOWN Re~rded at Request o~ CHICAGO IIIL~ INSURANCE COMPANY Return by Mail m Robert Ta~ker, Esq. 425 l~in Street: Greenport, New York Zip No. o,..4 ROBERT W. TASKER Town Attorney May 10, 1979 Ri~CEIVED ~, AY 1 11979 TELEPHONE (516) 477-1400 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w/ Schriever Exchange of Property at Orient Dear Judy: With respect to the above captioned title closing, I enclose herewith for filing in your office the following: (1) Deed from William W. Schriever to the Town of Southold dated May 1, 1979 and recorded in the Suffolk County Clerk's Office on May 3, 1979 in Liber 8620 of deeds at page 83. (2) Title Guarantee Company title insurance policy No. 1204173 in the amount'of $5, 000.00, dated May 1, 197g, naming the Town as the insured. (3) Survey map dated May 15, 1978 indicating the parcels exchanged. In order that I may have a record for my files, will you please acknowledge receipt of the enclosures by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, ROBERT W. TASKER RWT :MY Enclosures ',,d 'ro 6/ ',:o 2! A -.,, ' 5709 ~' 'T' ,', 't'.,8: ,/.i'7~) L, '-{ =.?,Qr . . , _.. , ,, . 5.B7'47'3o".,/. - 1,4, ~6 ~AP OF LX(. :-.,: ~, .,.,.-,F~ ~O~,,,/t'.l OF SOUl~ !-IC'I.D C;2ILNT TOX,,/,s,~ OF $OUITNOLD ~.__..C Id41EVE-D OPiC {-{A. I2_ T) pOnlcy THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a Californ;a Corporation, jointly and severally, together herein called "the Company," 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 tire 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 tire of the insured to or in the premises, or by reason of liens or incumbrances affecting title at the date hereof, or by reason or 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, incumbrances 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. DH ~/~i~.~:~ ~-~[~eOf, the companies have caused their corporate names and seals to be hereunto afl. ed by their duly authorized officers. PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY Secretary ~/ Secretary ~...~311~ Validating Qff~r SeXton I DEFINITIONS (a) Wfierever the term "insured" is nsed in this policy it includes those who succeed to the interest of the insured by operation of law including, without limitation, heirs, distribute, s, devisees, survivors, personal representatives, next of kin or corporate succe~ors, as the ~ 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 conditions 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 The Title Guarantee Company and Pioneer National Title Insurance Company. (c) Wfierever 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 ali appeals or after the dme to appeal has expired. (d) Wherever the term "the premises" is used in this policy, i means the property insured herein as described in Schedule A of thi: policy including such buildings and improvements thermion which by mw constitute real property. (e) Wherever the term "recorded" is used in this policy it means, uule~ otherwise indicated, recorded in the office of the recording officer of the county in which property insured herein lies. $ection 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 tide or incumbrance nol exee~ted 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 tide or interest hereby insured, or upon or under any covenant or contrac~ relating thereto which it considers desirable to prevent or reduce Io~ hereunder. (c) In all cases where this policy requires or permits this company 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 ex~nt that this company shall deem it necessary in recovering the loss from those who may be liable therefor to the insured or to this company.. 8ectlon 3 CASES WHERE LIABILITY ARISES o claim for damages shall ar]se or be maintainable under this policy except in the following cases: · (a) Where there.has been a final determination under whtch the insured may be dispes.sSssed, evicted or ejected from the premises or from some part or undivided share or inte~st therein. (b) Where there has been a final determination adverse to thc title, upon a lien or incumbrance 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 wh~e the insured estate has been sold for the benefit of the insured pursuant to the judgment or order ora court and the tide has been rejected because ora defect or incumbrance 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 mortgige 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 incumbrance not excepted in this policy; or where a recording officer has refused to accept from the insured a sa.tisfa.ction of the insured mortgage and there has been a final deter- rnmauon sustaining the refusal bi:cause of a defect in the title to the said mortgage. · (¢) %Vhere the insured shall have negotiated a loan to be made on and it shall have been F. nally de;..=r.~,h~-d that thc rejection of the title was justified because of a defect or ineumbeanee not excepted in this policy. (f) Where the insured shall have U'ansferred the title insured by an instrument containing covenants in regard to title or warranty thereof and there shall have beou a final determination on any of such cove- nants or warranty, against the insured, because of a defect or incum- brance 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 incumbrance 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 incumbrance, removes such defect or incumbrance within thirty days after receipt of such notire; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. Section 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 m the insured of any claim adverse to the title insured hereby, or in case of the service on or rcreipt by the insured of any paper, or of any notice, summou.s, process or pleading in any .action or proceeding, the object or effect of which shall or may be to tmpugn, attack or call in question the validity of thc tide hereby insured, the insured shall prompdy notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons, procesz or pleading. Delay in giving this anfiee and del.ay in forwarding 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. Section 5 ' PAYMENT OF LOSS (a) This company will pay, in addition to the 1o~, 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 10~ or damage this co.mpany (1) rest. ryes the right to settle, at its own cnst, any claim or stat which may involve liability under this policy; or (2) may termi- hate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, demand a valua- tion of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chinch by the insured and one by this company, and the two thus chosen selecting an umpire. Such valua- tion, less the amount of any incumbrances on said insured estate and interest not hereby insured against, shall be the extent of this com- pany's liability for such claim and no right of action shall accrue hereunder for the recovery thereof until thirty days after notico of such valuation shall have been served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to this company 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 )remises. (d) Ail payments made by this company under this policy shall reduce the amount hereof pro tanto except (I) payments made for counsel fees and disbursements in defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allow- anc.es, im.po~d on the insured in such actions and proceedings, and (2) ff the insured is a mortgagee, payments made to satisfy or subordi- hate prior liens or incumbrances not set forth in Schedule B. (e) ~*Vhen liability has been definitely fixed in accordance with the condition~th rt.v da.vs°fthcre~dP°terl.this licy thc loss or damage shall be payable within .......................................................... ~=- .... ~.,~NCE COMPANY ,~ame o{ Insured ~H~.. ~OgrN OF $OU~HO'LD Policy No. 1204173 Amount of Insurance ~ · 000. O0 Date of Issue 5/1/79 Theestateorinferestinsured byfhispolicyis fee simple vestedintheinsured by meensof William S. Schriever to the INSURED dated 5/1/79, · recorded 5/3/79. a deed made by SCHEDULE B The following estates, interests, defects, objections to title, liens and incumbrances and other matters are excepted from the coverage of this policy: I. 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- menf of any governmental, war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zon- ing. building, and environmenta] protection) as to use, occupancy, sub- division or improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any vialation thereof. 4. Judgments against the insured or estates, interests, defects, obiections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the insured. 5. Title to any property beyond the lines of the premises, ar fit~e to areas with;, or rights or easements ;n any abutting streets, roads, avenues, lanes, ways or waterways, or the right to ma;ntaln therein vaults, tun- nels, ramps, ar any other structure or improvement, unless this policy specifically provides that such titles, rights, ar easements are insured. Notw~thsfandlng any provisions in th~s paragraph to the contrary, th~s policy, untess otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any personal property, whether the same be attached to or used ~n connection with said premises ar otherwise. Survey by Roderick VAn Tuyldated 5/15/78 shows vacant land. No variations.[ ~ ~CHEDULE "B" OF THIS POLICY CONSISTS OF SHEET(S), ..... ~n.~NCE COMPANY Policy No. 1~173 A ~,~i'D~ SCHEDULE A The premises in w4;ch the insured has the es~ete or inferesf covered by this policy ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, SuffoLk County, New York, as follows: BEGINNING at a point which is on the westerly line of Tabor Road said point being distant fram the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: 1) North 1 degrees ~?minutes 30 seconds East 268.55 feet; 2) North 8 degrees06 minutes 30 seconds West 195.27 feet proceeding along land of the Town of Southold the following two courses: ~l South 82 degrees 32 minutes 20 seconds West 100 feet; South 8 degrees 06minutes 30 seconds East ~8.31 feet; T~A~CEalong land of William W. Schriever the following three courses~ ~ 1) South 8T degrees ~?minutes 30 seconds West 114.16 feet; 2) North 0 degrees 38minutes O0 seconds Wes~ 4?.28 feet; 3) North 87 degrees 47 minutes BO seconds E~s~ 208.50 feet to the westerly lLne of Tabor Road and the peint:orplace of BEGINNING. Section 6 COINSURANCE AND APPORTIONMENT (a) In the event that a partial lo~ occurs after the imured r~a~ an improvement subsequent to the date of this policy, and only in that event, the insured becomes a cnlmurer to the extent hereinafter set forth. If thc cost of the improvement exceeds twenty per centare of thc amount of this policy, such proportion only of any partial 1o~ estab- lished shall he borne by the company as one hundred twenty per centom of the amount of this policy hears to the sum of the amo~mt of th? policy .a~.d the amount expended for the improvement. The fore- going pro*nstom .shall not apply to c-~ts and attorneys' fees incurred by the com..pany, m presecuting or providing for the defense of actions or .p~edmgs m.hehalf of the imured pursuant to the terrm of this pohcy or to costs lmp~ed on the insured in such actions or proceed- lugs, 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 coinsurance provisions s.h~. not apply to any loss arising out of a llen or incumbrance for a liqmdated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such coinsurance provisions shall not apply to any 1~ if, 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 centom of the nmount of this policy. (b) If the premises are divisible into separate, independent parcels, and a lo~z is established affecting one or more but not all of said parcels, the lo~s shall be computed and settled on a pro rata basis as .if this policy were divided pro rata a.s to value of said separate, independent parcels, exclusive of improvements made subsequent to the date of this policy. (c) Clauses "(a)' and "(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 liability for any lo~ shall have 'been ~xed pur- sua. nt to the conditions of this policy, the insured holds another policy of insurance coveting the same loss issued by another company, this company shah not be liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of imurance held by the insured, unless another method of apportioning the loss shall have been provided by agreement between this company and thc other insurer 'or insurers. Section 7 ASSIGNMENT OF POLICY If the interest insured by this policy is that of a mortgagee, this policy may he assigned to and shall inure to the benefit of successlve assignees of the .mortgage without consent of this company or its en- dorsement of this policy. Provision is made in the rate manual of New York Board of Tide Underwriters ~led with the Superintendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grantex~ of the imured in certain specific circaumtancns only. In no circumstance provided fo~ in this section shall this company he deemed to have imured the sufficiency of the form of thc mslgnment or other instru- ment of "'ansfer or conveyance or to have asaumed any liability for the sufficiency of any proceedings after the date of this policy. Section 8 SUBROGATION (a) This company shall to tho extent of any payment by it of Ices under this policy, b? subrogated to all rights of the insured with respect thereto. The msuse~, shall execute such instruments as may he requested to tramfer such rtghts to this company. The rights so trans- ferred shall be sulmrdinate to any remaining inter~t of-the insured. (b) If the insured is a mortgagee, this company's right of subroga- tion shall not prevent the insured from releasing the personal liability ~f the obl~.gor or guarantor or from rel.easlng a portion of the premises om the hen of the mortgage o.r from increasing or otherwise modify- mg the lmured mortgage prowded such acts do not affect the validity or priority of the lien of the mortgage insured. I'towever, the liability of this company under this policy shall in no event he increased by' any such act of the insured. Section 9 ( MISREPRESENTATION Any' untrue sta~e~ent made by the insured, with respect to any matertal fact, or any suppression of or failure to discinse any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. Section 10 NO WAIVER OF CONDITIONS This company may take any appropriate action under the terms of this policy whether or not it shall he liable hereunder and shall not thereby concede liability or waive any provision of this policy. Section 11 POLICY ENTIRE CONTRACT All ac.ti.OhS or proccedings against this company must he based on the provisions of this policy. Any other action or actions or rights of action that the imured may have or may bring against this company ~f r~pect.of other services rendered in connection with the issuance .o this policy, shall be tlccmcd to have mcr&cd in and be res~rlcted to its tel~m and conditions. Section 12 VALIDATION AND MODIFICATION This policy is valid only when duly signed by a validating of~cer or agent...Changes may .be effected only by written cndorsemcnL If thc recording d.a..te of thc snstruments creating the insured, in,-est is later than the pohcy date, such policy shall also cover intervening liens or incumbrance, except real estate taxes, a~cs~mcnts, water charges and sewer rents. ENDORSEMENT8 JUDITH T. TERRY · OFFICE OF TOW~',.:~:~L~RK TOWN OF SOUTHOI2.D ~.'-..~ SUFFOLK CO~Y Southold, L. I., N. Y. 11971 'i'ELEPHONE 016) 7{;5-1801 April 30, 1979 Mr. William W. $chriever Orient, New York 11957 Dear Mr. Schriever: At a regular meeting of the Southold Town Board held on April 24, 1979, a resolution was adopted authorizing the Town Attorney to prepare deeds, and the Supervisor to execute said deeds for the exchange of property between the Town of Southold and yourself on Tabor Road, Orient,. New York. Very truly yours, Judith T. Terry Town Clerk SUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS C) 'tELEPHONE ($16) 765-1801 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 24, 1979: RESOLVED, that the Town Attorney be and he hereby is authorized and directed to prepare deeds, and the Supervisor be and he hereby is authorized and directed to execute said deeds for the exchange of property between the Town of Southold and William W. Schriever at Tabor Road, Orient, New York. Parcel A to be conveyed to the Town of Southold by William W. Schriever and Parcel B to be conveyed to William W. Schriever by the Town of Southold; said parcels are shown on a certain map entitled, "Map of Exchange Town of Southold with William W. Schriever" as prepared by Roderick Van Tuyl, P.C. under date of May 15, 1978, and described as follows: PARCEL A All that certain plot, piece of parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at point which is on the westerly line of Tabor Road said point being distant from the inter- section of the northerly line of Orchard Street With the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of Southold the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) South 8 degrees 06 minutes 30 seconds East 38.31 feet, thence along land of William W. Schriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 114.16 feet, (2) North 0 degrees 38 minutes 00 seconds West 47.28 feet and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of beginning, containing 0.1311 acres. PARCEL B Ail that certain plot, piece of parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County,' New York, as follows: BEGINNING at a point which is on the westerly line of Tabor Road said point being distant' from the inter- section of the northerly line of Orch~r~ Street with the westerly line of Tabor Road the following two courses: (1). North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceeding along land of William W. Schriever the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees 47 minutes 30 seconds East 100.52 feet to the westerly line of Tabor Road; thence along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.49 feet to the point or place of beginning, containing 0.1311 acres. C Supervisor Albert Martocchia Town of Southold Town Hall Southold, N. Y. 11971 April 23, 1979 RECEIVED.. Dear Supervisor Martocchta: The entire parcel which is'to become the drainage facility on the west side of Tabor Road in Orient is now completely filled and graded. Since the underground drainage facility has already been inspected and approved by the Superintendent of Highways, I believe I have completed all of the requirements as stated in the contract for the exchange of property with the Town of Southold. illiam , carlever Copies To: Superintendent of Highways Planning Board Robert ~. Tasker, Esq. ~haries R. Cuddy, Esq. Supervisor Albert Martocchta Tpwn of Southold Town Hall Southold, N. Y. 11971 Dear Mr. Martocchta: November 15, 1978 Today I completed the tnstallatlon of the new drainage system on Tabor Road, the remgval of the old sump and the regradtng of the area previously occupied by the old sump, In grading the area I made it conform to the contours that I plan to achieve in the subdivision when the subdivision is completed. That required raising the grade over the ars by at least a foot. And for that reason there was not enough fill to bring the surrounding area up to grade. Also there was no topsoil in the sump area and so I had to strip topsoil from the surrounding area to provide the topsoil I needed to cover the sump area. Part of the area being deeded to the Town under the contract is lncluded in the area lacking the necessary fill. It seemed to me wasteful to dig fill out of the subdivision to fill the Town's new property at this time stnce I will have the .necessary ftll and topsoil coming out of the roadbed of the subdivision when that work-,is started. In fact I estimate that there will be sufficient topsoil and loam from the roadbed ,to complete the regrading of the subdivision to the planned contours. Therefore I ask that the Town allow me to build up the grade of the balance of the Town's property at the time I can begin work on the road. I have such an understanding with Mr. Ray Dean at this point. Befor~ the drainage system was covered up~ I surveyed the system that I had installed and as much of the existing system as I could without digging it up. On November 8 I prepared a map of the system Including all of the elevations that may ever be of interest. I delivered 5 copies of that map to Mr. Ray Dean for his files on November 8 and I am enclosing a copy with this letter. Su~ervisor Albert Martocchia November 15, 1978 The precast basin that is under the west curb inlet is part Qf the old system and I did not disturb it, And the pipe leading to the first new drainage basin is ~lso part of the old system and was not moved. Although I did not actually expose the pipe from Orchard Street, I have every reason tO believe that It leads into this old basin, probably into the dome at about the same elevation as the pipe leading to the new drainage basins. This old basin no longer seems to provide much leaching but'it does set-ye to collect the soil and such that comes into the drainage system. As you can see from the map~ the old basin is rather deep and so the whole new system is also deep in order to accept water from the existing system. The new manholes are approximately 3½ feet below grade throughout the system. My lawyer, Mr. Cuddy, has received the contract sidled by you and I will si~n it tomorrow. The title insurance has been ordered and the .papers to release the property from the mortgage haw been sent off. I reported to Mr. Ray Dean as to the procuress of my work and gave · him an opportunity to inspect it as the appropriate times arrived. Before cove~ng the system I got his approval to do so and, at the same time, delivered the copies of the map showing the new installation. Assuming that the Town will allow me'to complete the grading as requested in this letter, I believe I have fulfilled all of the ter~s of the contract which s~ectfy the new drainage aystem. If you happen to be in the area, I think you will notice the substantial improvement in the appearance. Of course the only way I can recover the cost of this installation is in the increased sale prices of the two lots adjoining the area. It is a gamble but I have hope that it will occur. Thank you for your cooperation. .1 SLncerely, yo/urs,. WilliamS. Schrlever ~ //L/.S' Pre'po. reA ~pZpe ,,r J Q ~'e~ Level DRAINAG i TABOR R S ~"z° '-t ?' 30" V¢ Ioo. REVISED CONTRACT FOR CONSIDERATION AGREEMENT FOR EXCItANGE OF PROPERTY OOT 2 4 1978 The Agreement made Chis day o~ October, 1978, by and between WILLIAM ~. SCiIRIEVER, Main Road, Orient, New York, hereinafter referred Co as the party of the first parC, and the TOI~N BOARD OF THE TO~N OF SOUTHOLD, County of Suffolk, State o~ New York, the duly constituted municipal $overning body of said Town, hereafter referred to as the party of the second part. The party of the first part agrees to convey to the party of the second Dart the parcel herein described as Parcel A and in exchange therefor the carry of the second parc agrees to convey to the party of the ~lrst parc the parcel herein described as parcel Bo The parties represent Co each ocher thaC the parcels herein described are vacant land and are identical in area; said parcels are show~ ~n a certain map entitled, '~iap of Exchange:To~n of SouChold vith,~illiam Wo Schriever" as prepared by Rodertck Van Tuyl, Po C. under dace of May 15~ 19~8, and annexed hereto. The premises are to be conveyed subject to · (a) Applicable zoning regulations and ordinances, (b) Any state of facts an accurate survey may sho~ provided same does ncc render title unmarketable. The deed Co be delivered aC c.losing by each party to the other shall be a"bargatn and sale deed ~lth covenant against grantor's acts in proper statutory shore form for recording and shall be executed and acknovledged so as to convey to each party the fee simple of the premises beths conveyed. The parties shall each convey a marketable title~ in accordance with this agreement, and one which a title company licensed to do business in New York State viii approve and insure.. If aC closing of title there shall be any liens or encumbrances against either parcel, then the grantor of the respective parcel shall. be obligated upon closing to satisfy the same. There shall be no ad}usCments st closing. NEW With the exception of the party of the second partes attorney*S fees, the party of the first part shall bear the entire costs of this transaction, Including but not limited to the obtaining by each party of title searches and title insurance, surveys and recording fees, The party of the first part shall, at his own expanse and vithln 60 days from the date hereof, construct a new surface water drainage facility within the bounds of parcels A and C as follows: (1) Starting from the existing catch basin along Tabor Road and arranged in a line parallel to the southerly line of parcel C, a total of five ne~ drainage basins shall be installed approximately 16 feet on center. (2) The first four basins shall consist of tvo precast drainage rings 8 feet in diameter and & feet high with a 6 inch thick slab cover having one manhole with cover. The last basin shall consist of one precast drainage ring, one drainage dome with manhole cover, all obtained by relocating an existing basin at the site. (3) Each basin shall be connected to the next in line .ith a standard length of 18 inch corrugated and perforated iron pipe. (&) Ail ne~ basins shall be backfilled with the beach sand and gravel now on the site. The entire facility shall then be covered to a depth of one to t~o feet with topsoil and loam now on the site and~} graded to conform ~ith the surrounding property. ' If either party is unable to convey title in accordance ~lth this agreement, except for willful default, then this aKreement shall be terminated and be of no further force or effect. The respective deeds shall be delivered at'the office of Robert W. Tasker, Greenport, New York, 30 days after the completion of the sump to be constructed by the party of 'the iirst part. This agreement may not be changed orally and its terms are to apply to and bind the heirs, executors, administrators~ successors and assigns of the respective parties. William W. Schriever Town of Southold By Albert M. l~artocchla Supervisor O O DESCRIPTION OF PARCEL TO TOWN OF SOUTHOLD (Parcel A) BEGINNING ~ a point on the westerly line of Tabor Road, satd point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (I) North I degree A7 minutes 30 seconds East 268°55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195o27 feet; proceeding along land of the Town of Southold the followin$ two courses: (1) South 82 deereea 32 minutes 20 seconds Nest 100.00 feet, and (2) South 8 degrees 06 minutes 30 seconds East 38.31 feet; thence along land of William ~. Schrlever the following three courses: (1) South 87 degrees ~7 minutes 30 seconds Nest I1A.16 feet, (2) North O degrees 38 minutes O0 seconds Nest 4?°28 feet, and (3) North 87 degrees ~7 minutes 30 seconds East 208.50 feet to the ~esterly line of Tabor Road and the point or pla~e of BEGINNING, containing 0.1311 acres. DESCRIPTION OF PARCEL TO WILLIAM N. SCHRIEVER (Parcel B) BEGINNING at a point on the westerly line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North I degree ~7 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceeding along land of William W. Schriever the following two courses: (1) South 82 degrees 32 minutes 20 seconds West lOO.O0 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees A7 minutes 30 seconds ~ast 100.52 feet to the westerly line of Tabor Road, thence along said westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.&9 feet to the point or place of BEGINNING, containing 0.13li acres. O O DESCRIPTION OF PARCEL REHAINING WITH TOWN OF SOUTiiOLD (Parcel C) BEGINNING at a point on the ~esterly line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street vlth the vesterly line of Tabor Road the followinS Cvo courses: (1) North 1 degree ~7 minu~es 30 seconds East 268.55 fee~, and (2) NotCh 8 degrees 06 minutes 30 seconds Wesb 1&7.76 feet; proceeding along land nov o~ the Town off Southold South 87 degrees &7 minuCes 30 seconds West 100.52 fleet to land of Schriever; thence along land of Schriever the following two courses: (1) North 8 degrees 06 minutes 30 seconds West 38.31 feet, and (2) North 82 degrees 32 minu~es 20 seconds East 100.00 feat to the westerly line of Tabor Road; thence along said vestegly line of Tabor Road South 8 degrees 06 minutes 30 seconds Eas~ &7.51 feet to the point or place of BEGINNING, containing 0~098§ acres. AGREEMENT FOR EXCHANGE OF PROPERTY This Agreement made this day of October, 1978, by and between WILLIAM W. SCERIEVER, MainRoad, Orient, New York, hereinafter referred to as the party of the first part, and the TOWN BOARD of the TOWN OF SOUTEOLD, County of Suffolk, State of New York, the duly constituted municipal governing body of said Town, hereafter referred to as the party of the second part. The party of the ~irst part agrees to convey to the party of the second part the parcel herein described as Parcel A and in exchange therefor the party of the second part agrees to convey to the party of the first part the parcel herein described as parcel. B. The parties represent to each other that the parcels herein described are vacant land and are identical in area; said parcels are shown'on a certain map entitled, "Map of Exchange Town of Southold with William W. Schriever" as prepared by Roderick Van Tuyl, P.C. under date of May 15, 1978; and annexed hereto. The premises are to be conveyed subject.to:. a. Applicable zoning regulations and ordinanceS. b. ~ Any state of facts an accurate survey may show, provided same does not render title unmarketable. The deed to be delivered at closing by each party to the other shall be a bargain and sale deed with covenant against grantor's acts in proper statutory short form for recording and shall be executed and acknowledged so as to convey to each party the fee simple of the premises being conveyed- The parties shall each convey a marketable title, in accordance with this agreement, and one which a title company licensed to do business in New York State will approve and insure. If at closing Of title there brances against either parcel, parcel shall be obligated upon closing to satisfy the same. shall be no adjustments at closing. With the exception of the party of the second part's attorney's fees, the party of the first part shall bear the costs of this transaction, including but not limited to the obtaining by each party of title searches and title insurance, surveys and recording fees. The party of the first part shall, at his own expense and within 60 days from the date hereof, construct a new surface water drainage facility within the bonds of parcels A and' C as. follows: (1]' Starting from the existing catch basin along Tabor Road and arranged in a line parallel to the southerly line of parcel C, a total of five new drainage basins shall be installed approximately 16 feet on center. (2) The first four basins shall drainage rings 8 feet in. diameter and shall be any liens or encum- then the grantor of the ~espeetive There consist of two precast 4 feet ~i~h with a 6 inch entire thick slab cover having one manhole with cover. The last basin shall consist of one precast ~ra~nag~-d6~e wlth m~nhole cover, all obtained by relocating an existing basin at the site. (3) Each basin shall be connected to the next in line with a standard length of 12 inch corrugated iron pipe. (4) All new basins shall be backfilled with the beach s~nd and gravel now on the site. The entire facility shall then be covered to a depth of one to two feet with topsoil and loam now on the site and graded to conform with the surrounding property. If either party is unable to convey title in accordance with this agreement, except for wilfull default, then this agreement shall be terminated and be of no further force or effect. The respective deeds shall be delivered at the office of Robert Tasker, Greenport, New York 30 days after the completion of the sump tO be constructed by the party of the first part. This agreement may not be changed orally and its terms are to apply to and bind the heirs, executors, administrators, successors and asgigns of the respective parties. Witness: Attest: William W. Schriever TOWN OF SOUTHOLD PARCEL A ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at point which is on the westerly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: 1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of Southold the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) South 8 degrees 06 minutes 30 seconds East 38.31 feet, thence along land of William W. Schriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 114.16 feet, (2) North 0 degrees 38 minutes 00 seconds West 47.28 feet and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of beginning, containing 0.1311 acres. C O PARCEL B ALL that certain plot, piece of Orient, Town of Southold, follows: or parcel of land located at Hamlet Suffolk County, New York, as BEGINNING at a point which is on the westerly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Taor Rod the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceding along land of William W. Schriever the · following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees 47 minutes 30 seconds East 100.52 feet to the westerly line of Tabor Road; thence along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.49 feet to the point or place of BEGINNING, containing 0.1311 acres. PARCEL C ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as foll6w$: BEGINNING at a point on the westerly line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds ... West 147.76 feet; proceeding along land now of the Town of Southold South 87 degrees 47 minutes 30 seconds West 100.52 feet to land of Schriever; thence along land of Schriever the following two courses: (1) North 8 degrees 06 minutes 30 seconds West 38.31 feet, and (2) North 82 degrees 32 minutes 20 seconds East 100 feet to the westerly side of Tabor Road; thence running along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 47.51 feet to the point or place of BEGINNING, containing 0.0985 acres. ROBERT W. TASKER Town Attorney 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 December 19, 1979 TELEPHONE (516) 477-1400 RECEIVED DEO 2 01979 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 %wn Ctert~ Re: Dedication of Hill Road West Easement Agreement with Babcock and Rimmler Dear Judy: Since the Town has accepted dedication of Hill Road West, as soon as the dedication papers are completed, the original Dedication and Release should be sent to the County Clerk's Office for recording. With respect to the Easement Agreement between the Town and Babcock an~t Rimmler, the developers of Southold Gardens, it was agreed between Gall Wickham and myself that all construction work relative to the drainage facilities will be complete by February 1, 1980 with the exception of the final grading and seeding which will be completed in the Spring of 1980. I have made these changes in the Easement Agree- ment and the Agreement in duplicate is enclosed herewith. I do not recall whether or not a resolution was adopted authorizing the Town to enter~ into'the Easement ---Agreement. If so, the Agreement can be signed by the ~upervisor, the corpOrate s'---eal affixed and a copy sent to Gail Wickham and the original sent to the County Clerk for recording. On the other hand, if no resolution was adopted, such a resolution should be adopted at the December zvtn meeting after which th~'Agreement can be sigfiea by the Town. I am enclosing herewith a portion of the site plan of Southold Gardens which shows the drainage area. This can be sent to the Superintendent of Highways for hfs use in constructing the facilities. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures ~UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS $outhold, L. I., N. Y. 11971 TELEPHONE ($16) 765-1801 December 28, 1979 Abigail Wickham, Attorney Main Road Ma~tituck, New York 11952 Dear Ms. Wickham: Enclosed herewith is the easement~agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens, and a check in the amount of $10.00 for said right and easement. Very truly yours, Judith T. Terry Town Clerk Enclosures (2) JUDITH T. TERRY TOW~ CLERK ~GfSTRAI~ OF VITAL STATISTICS Southold, L. I., N. ¥. 11971 TELEPHONE ($16) 765-1801 December 28; 1979 Honorable Arthur J';' Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Enclosed herewith is Easement Agreement between the Town of' Southold and Richard J. Babcock and Frederick F. Rimmler,'doing business as Southold Gardens for.filing in your office. Also enclosed is check in the amount of $19.00 to cover filing fee. Very truly yours, Judith T. Terry Town Clerk Enclosures (2) JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE ($16) 765-1801 January 7, 1980 Honorable Arthur J. Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Transmitted herewith for filing in your office is Easement Agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens.~- Also enclosed is check in the amount of $19.00~' to cover filing fee. Please note, the Town Seal has been affixed. Southold Gardens is a partnership and does not have a seal. Very truly yours, Judith T. Terry Enclosures WIC:KHA~ WICKHAM & BRE$$LER, P.e. January 21, 1980 Judith T. Terry, Town Clerk Town of Southold Town Hall Main Road Southold, New York 11971 Re: Town of Southold and Southold Gardens Dear Judy: Enclosed is a copy of the r~corded easement agreement showing the recording information, for your records. AAW/hg Enclosure Very truly yours, ~~A'. Wickham STATE OF NEW YORK, COUNTY OF SUFFOLK ss :' On the ~-& day of ~e~ 1979, before me personally came ~o~-~ to me known, who, being by me duly sworn, did depose and say t~at ne r. es~.7~=~ ; that he is 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; that it was so affixed by order of the board of directors of said corporation, and that he signed h~'$ name thereto by like order. ~ Not~ry Public JUDITH T. TERRY' Hoary Public, S~ate of N~w No. 52-0344953 Suffolk Coun~f~l STATE OF NEW YORK, COUNTY OF SUFFOLK ss: Commission Expires March S0, 19/J On the 10 day of July ' 1979, before me personally c.ame. RI.CHARD J. BABCOCK, a co-partner of SOUTHOLD GARDENS, a Co-Partnership, -to me Known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same as a co-partner of SOUTHOLD GARDENS- ~" ~ Notary public '< '': '~. SOUTB6LD GARDENS'~g~S to mow said area and otherwise maintain the appearance of ~he' ar~a.' . ' .... · ....... .;~ .. i ..~ .... 5. The' TOWN shall be~ ~esp~.,nsible for all maintenance of the drainage fa6ilitle's and connections to the Town' drainage system. !' ~ :. r:~' :~. ~f:~i~"i~ ~ne6&fsa~:~6~ "~h~~ T6WN' to enter~ up6n ~h~ P~operty to mai~ai~, repa~r'~n~/o~ :repla6~:'s~a:facilitie~ the 'TOWN w~li ~r6mptly"restore the area, including reseeding, to the condition that existed prior to any such entry. In the event that said maintenance,-repair and/or..replacement..requires excavation of all or any part of said premises, the TOWN shall, give prior ~it~e~"n-~ic-e'~er~'f'-~ SOU~.~L~%iqDENS at-the place~as may from-time to time b~ deslgnated by' SOUTHOLD. ~GAPJ)ENS.- ...... :':" ":" ~ ..... ' ~. In th~ event that the'surfac~ water' runoff from Hill Road West results in standing water on the easement area, the TOWN agrees to take such steps as may be required'to correct the conditio'~: '- .... '- --'...~ %~-- ...... TO HAVE AND TO HOLD the said right a~d easement unto the TOWN, its successors and assigns, forever. ' . IN WITNESS WHEREOF, the parties have placed their hands and Seals on the date hereof. ., . J. Babcock "[ '8758 '27C ' Q WHEREAS, said premises are part of the open space area of the cluster subdivision known as "Map of Southold Gardens", filed on May/'7.,..'~9~9 in the office of the Suffolk County Clerk as Map No. 6812 , WHEREAS, Hill Road West is about to be dedicated to the TOWN, and WHEREAS, there is a drainage problem on Hill Road West, resulting a collection of surface water on Hill Road Wes%' adjoining i~' ~bove-des6ribed propert~ of SOUTHOLD ,GARDENS, and WHEREAS, SOUTHOLD GARDENS is willing to g~a~t t~' ~0WN' & ii~t~d .... ement over the above-described premises to help solve the p~o~lem b~"the installation and maintenance by the TOWN of surface water drainage fac~l~t~e and connections for the collection of s e water on said premises. THEREFORE, in consideration of Ten and 00/100 ($10.00) Dollars and other good and valuuble consideration paid by the TO~R~ to '~OUTHOLD GARDI-:INS, receipt of which is hereby acknowledged, SOU~H0~D GARDENS grants and conveys to the TOWN forever, the right an~ easement to enter upon the above-described property of SOUTItOLD GARDENS for the purpose of installing and maintaining surface water drainage facilities within the above-described premise~} 5asins in ~0nt of said area on Hill Road West, su~jec~ to the to the following conditions." 1. All d~inage' facilities are to be completely underground, covert .... ~'"~: ............... th~ 'lan~,--'~t 'the ~xpense o with top soil and graded to the:natural con'our of the TOWN, and *': ': ~:' 2. The graded are~ shall be seeded with grass comparable to the grass on the remainder of the open space-area of SOUTHOLD GARDENS,-'at-the expense of the TOWN. 3. The above work shall be completed on or before Febnuar~.l?'TP~ with the exception of final grading and Seedin~ which ~ill be completed Spring of 1980. ' AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a municipal corporation with offices at (No %) Main Road, Southold, Suffolk County, New York, hereinafter 'referred to as "THE TOWN", and RICHARD J. BABCOCK and 'FREDEP~ICK F. RIMMLER, doing business as SOUTHOLD GARDENS, a co-partnership with offices at B~x 1145, (No %) Wells Avenue, Southold, Mew York, hereinafter referred to as "SOUTHOLD GARDENS". - ' · . -, ?~-~ ,'.~'~-. ~ ~.,>.-%~ W I T.N E S S ~ WHEREAS, SOUTHOLD GARDENS-is the owner of property on the north side of Hill Road West, at Southold, in the Town of.So~thold, Suffolk County, New York, described as follows: ' .-.-_ Ail. that cer~n plot, piece ce of land, with the buildings and -'improvement~.~thereo~:-erected, situate ~ .-.lying. and being in the. Town.of Southold. at Southold, County of Suffolk and State of New York, being bounded and de- sc,~ibed as:follo,;s-- '- ....... ~* ~ -.-- .~. .,;.... . '~ .-: -':~'.~*~. BEGINNING-at a:point on,the northerly side of Hill Road West distant 200.00 feet easterly fron the corner marked by the intersection of the northea-~ side of'Wells.Avenue-and:the northerly side of.Hill Foad West, said point of beginning a/so being the southeasterly corner of Lot 93 on Map of Southold -c~dens/-filed-in-the Suffolk County Clerk's Office ou May:7, 1979 as.Map-.. #6812; from said point of beginning, ~nanning along the northerly side of Hill -Noad Wes~Scuth'88~-521:-40" East 127.81 feet to the southwesterly side .Of Lot %2 on said map; ruruling thence along the w?sterly side of Lot ~2 North 1° ~7'-:--20"~,vm~t 150200- feet?.~unning .thence Norttu 88.°_52' ~40"..~est· 127.8.1 .feet :along ~roperty now or formerly of Southold Gard~_ns to a point on the easterly ~side~of,-:Tot #3~c~:,said~:filed map; running thence South 1°~07' .20" ?~st ~1-50.00 feet along the easterly side of Lot ~3 to the point or place of '.beginning~.:coue~Sningr19,172 square feet. ...... ~.' .~::'. ......' · . ,_ :~_':~'~C'-:'_t%~' th{· ~ .~i :- ..... ::- ~:,e :-'--:' -'~ --~i "' -"-'-'-- I' $ ........ ~ ......... ........ ._ ,,.,..: ..:.'. _, . I _. ,.~A~$~R f¢~ , _ ·. ... . ..... . ..... .. ,, I couN~'Y , t · OPEN 'SPACE 5.$05 (Ir.m) I / I HOUSE · ' tm"" ?'EST HOLES NO. ~ o.o WITH THE STANDAIID$ AND R£QUIIIENENT~' HEREBy CEH tHAT rttl~ MAP WAS !~ ROBERT W. TASKER Tox, m Attorney TOWL~ 0~, SOUTH 425 M~N ST. GREE~ORT, L.I., NEW YO~ 11944 YrORNEY TELEPHONE (516) 477-1400 March 12, 1979 Hon. Judith T. Terry Southold Town Clerk Town Hall Seuthold, New York 11971 Re: Town of Southold w! Meyer Dear Judy: Relative to the above captioned title closing, I enclose herewith the following: (1) Deed from Peter J. Meyer, Jr., Stella Meyer and Peter Meyer III to the Town of Southold dated February 26, 1979 and recorded in the Suffolk County Clerk's Office on March 5, 1979 in Liber 8591 of deeds at page 37. (2) The Title Guarantee Company policy of title insurance No. 1205103 dated February 28, 1979 in the amount of $8, 000 naming the Town as the insured. (3) Copy of the Contract of Sale. (4) Closing Statement. In order that I may have a record for my files, will you please acknowledge receipt of the enclosures by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, ROBERT W. TASKER RWT: MY Enclosures REsoLUTION At a meeting of the Town Board of the Town of Southold, held ,n January 30, 1979. WHEREAS, a serious drainage problem exists on Boisseau Avenue at or near its intersection wi th the Long Island Railroad right of way, and W}IEREAS, PETER J. MEYER, JR. and others are the owners of property on the east side of Boisseau Avenue and will sell a 40, 000 ' · ~. square foot parcel thereof to the Town of Southold for the sum of $7, 500.00, snd, f; WHEREAS, this Board deems it in the public's interest that the Town of Southold acquire said 40, 000 squsre foot parcel of land for the purpose of constructing a recharge basin thereon to alleviate flooding con- ditions in the area. NOW, THEREFOHE, BE IT HESOLVED, that the Town of South- old acquire the parcel of land herein-described from Peter J. Meyer, Jr. for the sum of $7, 500 and that the Supervisor be snd he hereby is author- ized and directed to execute a contract for such purchase on behalf of the Town of Southold, said contract to be in such form as is approved by the Town Attorneyi~. S~id real property being described ss follows, 'to wit: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, 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 easterly line of Boisseau Avenue, 1395.96 feet northerly along said easterly line from the Main Road; said point of beginning being the southwesterly corner of land of Barzac; from said point of beginning running along said land of Barzac, 2 courses as fol- lows: (1) south 87 degrees 29 minutes 50 seconds east 200.0 feet, thence (2) north 2 degrees $0 minutes 10 seconds east 112.51 feet to land of Knutson Marine Center, inc., being also the southerly line of a 25-foot right of way; thence along said land of Knutson Marine Center, Inc., being along said southerly line of said 25-foot right of way, south 81 degrees 55 minutes 50 seconds ..mast 96.70 feet; thence along land of the party of the first part, 2 courses, as follows: (1) south 2 degrees 30 minutes 10 seconds west 203.13 feet; thence (2) north 87 degrees 29 minutes 50 seconds west 296.24 feet to said easterly line of Boisseau Avenue; thence along said easterly line, north 2 degrees 30 minutes i0 seconds east 100 feet to the point of beginning. Containing 40, 000 square feet. Januar~ 26, 1979 Mr. Albert Martocchiao Supervisor Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Martocchia: Re: Town of Southold w/Meyer Enclosed here~vitb is a copy of the proposed contract for the purchase of a parcel of land on the east side of Boisseau Avenue in Southold, New'York from Meyer at a price of $7, 500. The contracts have this day been sent to the attorney for the sellers for their execution and return to me. Also enclosed herewith is a proposed resolution which should be presented to the Town Board at its meeting held on January 30, 1979. This resolution authorizes the purchase of the Meyer property. RWT:fae Enc. Yours Very_ truly, .~ Dist. · 1000 ~ec. 63 Blk. 3 Lot p/o I CONSULT YOUR L~WYER BEFOI~GNING THIS INSTRUMENT--THIS INSTRUME~HOULD GE USED BY LAWYERS ONLY. u E. 8591 37 TH~ ~D~ ~de ~e of February , ~neteen hundred ~d Seventy-N/ne BE~N PETER ~. ~YEH, Jr. and S~L~ ~YER, his wife, and PETER ~Y~, III, aH residing at 121 Piquet ~ne, Woodbury, New York, 11797, party of the first part, and TOWN OF SOUTHOLD, a mUnicipal corporation of the State of New York, having its office at Main Road, Southold, New York 11971, party of the second part, IA'ff.NF..SSETH, that the party of the first part, in consideration of lawful money of the United States, dollars, paid by the party of the second part, does hereby grant and release unto the .party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being i~-{he at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and beiffg at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of B~/isseau Avenue, 1395.'96 feet northerly along said easterly line from the Main Road, said point of beginning being the southwesterly corner of land of Barzac; from said point of beginning running along said land of Barzac, 2 courses as follows: 1. South 87 degrees 29 minutes 50 seconds East, 200 feet; 2. North 02 degrees 30 minutes 10 seconds East, 112.5 feet to land of Knutson Marine Center, Inc., being also the southerly line of a 25 foot right of way; .thence along said land of Knutson Marine Center, Inc., being along said southerly line of said 25 foot right of way, South 81 degrees 55 minutes 50 seconds East, 96.70 feet; thence along land of the party of the first part, 2 courses as follows: (1) South 02 degrees 30 minutes 10 seconds West, 203.13 feet, (2) North 87 degrees 29 minutes 50 seconds West, 296.24 feet to said easterly line of Boisseau Avenue; thence along said easterly line, North 2 degrees 30 minutes 10 Seconds East, 100.00 feet to the point of BEGINNING. It is understood and agreed by and between the parties hereto that the purchaser proposes to use the above-described premises for the construction thereon of recharge basin and/or other surface water drainage facilities to alleviate existing flooding conditions on Boisseau Avenue and the area in the vicinity thereof. The purchaser agrees that it will construct such drainage facilities in such manner that no surface water will flow from Boisseau Avenue onto other prop.erty of the sellers adjacent thereto. It is further agreed tlv2 the deed to be delivered pursuant to the terms of this agreement grant to the sellers and their, assigns the right to. drain surface water from all or any part of their remaining premises (shown and designated on the.Suffolk Cognty Tax Map as District 1, 000, Section 063, Block 3, Lot 1) into the recharge basin or other drainage facilities constructed on the premises being conveyed hereunder. BEING4the same premises conveyed to the sellers herein by deed dated April 10, 1969, recorded in the Office of the Clerk of the County of Suffolk on April 16, 1969, "in Liber 6535 of Deeds, Page 101. TO~PJl IqER with ali fight, title and interest, if any, o[ the party'o[ the roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party o[ the second part forever. first part in and to any streets and AND the party of the first part covenants that the party of the first l~.rt has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost o[ the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the sa.me for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WfI'NF..SS WHF. REOF, the party of the first part has duly executed this deed the day and year first above written. Peter J. Meyer,~ Jr. Stella Meyer Peter Meyer,/III GF On ~c ~ ~y of Feb~ry, 1979 , ~[O~ mc On ~e of 19 , ~t&rc mc · ~r~ly ~e PETER J~YER, STEL~ ~YER and PE~R ~YEE, IIL to me ~own to ~ ~c indlvld~s d~ in and who ~o mc ~own to ~ the indlYid~ ~es~ in and who ~t~ ~e [offing instant, ~d a~wl~gcd ~t ~ut~ the [or~oing instm~t, and ~wl~gcd ~hat they STATE OF NEW YORK, GOUNTY OF ~"c//~Fo~:/~' se: STA~ OF HEW YOR~ COU~ OF ~: On ~eff~day of ~.~/ 197~, ~fom me On ~e day of 19 , ~fore me ~rson~ly ~e ~ ~. ~ ~rson~ly ~e to me known, who, ~ing by me duly sworn, did de.se ~d to me kno~, who, ~ing by me duly sworn, did d~ose and say that he re'des at ~.~.~n r~O~ ~ ~ ~ ? say ~at he resides at No. that he is the ~7~ ~u~/~ t~ he is the , ~e ~fion d~Hb~ ' the ~r~ion descried in ~d whi~ ~uted the foregoing instrum~t; t~t he in and which ex~uted ~e foregoing instrument; t~t he ~ows ~e ~l of ~id cor~ration; t~t ~e s~ afl.ed knows thc s~l of ~d ~ion; ~t the s~l awned to ~id inst~menL is such co.rate ~1; that it ~ m to ~id inst~ment is such coyote ~; that it~ ~ affixed by o~er ~rd ~ of ~d co~- affix~ by order of the ~ard of directors of ~d ~- fion, ~d ~at ~ ~ n~e th~eto by l~e order, tion, ~d ~t he si~ed h n~c thereto by like order. ROBERT W. TASKER NOTARY PUBLIC, State of Hew Yolk Suffoik Co~nt~ No. 52-3933725 T~m E~pifes Match 3D, 197D ~'ITH COVENANT ~GAINST GRANTOR'S ~CTS T, 'G. T, MEYER and PETER ~YER, III, TO TOWN OF SOUTHOT,D SECTION BLOCK LOT COUNTY OR TOWN Recorded At Request of The Title Guarantee Company RI~TURN BY MAIL TO: Robert W. Tasker, Esq. Town Attorney, Town of Southold 425 Main Street Greenport, L.I.N.Y.z¥ No. 11944 q 4.0~000 sq. 'Cf. Scc~l¢: JO0",', f' THIS INDENTLIRF., made the c~ ~7 ~-~ day of June , nineteen hundred and seventy- six. BETWEEN STEVE J. DOROSKI, residing at (no number) North Country .Road, Southold, New York, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having an office at 16 South Street, Greenport, New York, party of the second part, WITNF..~ETH, that the party of the first part, in consideration of Ten Dollars and other ,~aluable consideration paid by the party of the second part, does hereby grant and release unto the party of thc second part, the heirs or successors and assigns of the party of the second part forever, A right-of-way or easement to lay, maintain, use, repair or remove pipelines or other drainage facilities for highway drainage purposes, over, through, across and upon the lands described as follows, to wit: ALL that certain plot, piece or parcel of land, 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 monument on the easterly line of Depot Lane at the north- westerly corner of land conveyed by the party of the first part to Joseph Lizewski; running thence the following seven courses, to wit: (1) North 53 degrees 18 minutes 40 seconds East 309.67 feet; thence (2) North 48 degrees 41 minutes 20 seconds East 134.26 feet; thence (3) South 39 degrees 44 minutes East 87.0 feet; thence (4) South 45 degrees 46 minutes 00 seconds We~t 137.10 feet; thence (5) North 38 degrees 13 minutes 30 seconds West 84.11 feet; thence (6) South 53 degrees 18 minutes 40 seconds West 309.67 feet; thence (7) North 38 degrees 13 minutes 30 seconds West 10.0 feet to the point or beginning. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER wich the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second part forever. AND the party of the first par~ covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of .the first part will receive the consideration for this conveyance and will hold the right to receive such consld- eration as a trust fund to be applied first for che purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WrrlqF_.~ ~/HF. IIF..OF, the party of the first part has duly executed this deed the day and year first above written. Ste~e J. Doroski STATE Oi NEW YORK, COUNTY OF Suffolk ss: On the ,~4 ~day of June, 19 76 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and~ acknowledged that he executed the same. Notary Publi~7 STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sWorn, did depose and say that he resides at No. : . . ; that he is the of , 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; that it was so affixed by order of the board of directors of said corpora- tion, and that hc signed h name thereto by like order. 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. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. YO K * ~'lrH COVENANT AGAINST GRAN'IOR'S AC'IS TITLE NO. STEVE J. DOROSKI TO TOWN OF SOUTHOLD THE TITLE GUARAdYTEE COAIPA. 'Y SECTION BLOCK LOT COUNTY OK TOWN RETURN BY MAIL TO: RobertW. Tasker, Esq. 425 Main Street Greenport, New York 11944 Zip No. N Ol-rO W. VAN TUYL © - RDDERICK VAN TUYL, FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 PHONE 477-0170 RODERICK VAN TUYL Licensed Land Surveyor Phone 477-1608 ~y 26, 1976 DESCRIPTION: Steve Doroski to the Town of Southold. Drainage Easement, East side Depot Lane 0utchogue. Beginning at a at the northwesterly first part to Joseph s~en COUrSeS: (1) N. 53° ~8~ (2) N. 48° 41' (3) S. 39° 44' (4) S. 45° 46' (5) N. 38° 13' (6) S. 53° 18' (7) N. 38° 13' ginning. monument on the easterly line of Depot Lane corner of land conveyed by the party of the Lizewski; ruing thence the following 40" E. - 309.67 feet; thence 20" E. - 134.26 feet; thence E. - 87.0 feet; thence 00" W. - 137.10 feet; 30" W. - 84.11 feet; 40" W. - 309.67 feet; thence thence thence ~:" 30" W. - 10.0 feet to the point of be- RODERIOK VAN TD-FL, P.O. Rv /m To: Mr. Raymond Dean Highway Department Peconic, New York 2 MA~ OF P,~I2. T OF p,~OPER. TY' SU,~V£YEO FOtZ 5 TEVE [:)01~.05_~I $¢ALK : SEVEN TtIOUSAND FIVE tlUNDRED AND 00/100 2. The price is .......... -($7, 500.00) ................... Dollars, payable as follows: ONE tIUNDRti9 AND 00/100 ($100. 007 Dollars, on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; sEVF m D_ .................... oo/ oo .......... mortars. .................... ' ......... b'~ ~, 0 in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter~ .provided;:lDcglar~ who-~~e n~o~tgage recording tax and recording fees. =...~"~. _' ..... 4. If such p-urcha~ge is to be a subordinate mortgage on the pre..m.m~at it shall be subject and ~te to the lien oft~Feex4~tio~k mort_g~ .e------ff.%f $ , ; . . . . . ..,.any, exten5 sa~,~'stlhaenr~'°ef.xafe~xli°°na~ntYhne~r°tfg~gre°vided (o.~ Ct~la~tS~erd~e~?~.~g~.~¢~c reo fw~t,~ll,l mnaoYt b~eP,~rCceatlcOrn tt/,,aenPr= re,s= s ,n n=t,/:.hre~lt, Such purchase mon.ey.a'n~r~fi~e in reduction of the principal thereof. Suet/ Purchase money ~n'-ortgage_shall also provide that such paYment-t6 the holder thereof shall not alter or affect thc regular installmen,s, if any, of principiil'iaa:,able thereunder and-shii[ further provide that the holder thereof.will, on dcma..n.d and without charge therefor, execute, acknoMedge and 5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to thg, amount of the unpaid principa, and interest thereon, date of maturity thereof and rate of interest thereon, and the Seller shall pay the fees for recording such certificate. Should the mortgagee be a bank or other'institution as defined in Section 274% Real Property Law, the mortgagee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or employee, or agent, containing the iuformation required to be set forth in said certificate. Seller represents that such mortgage will not be in default at or as a result of the deliyery of the deed'hereunder and that neither said mortgage, nor any modification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the delivery of the deed hereunder. 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. ment~ oftlousing and Buildings. Fire, Labor. Health, or other State or Municipal Department having jurisdiction, against or aflcctmg the premises at the date hereof, shall be complied with by the seller and the premises shall be. conveyed free or ii,' same, 'and this provision of this contract shall survive delivery of the deed h~reunder. The seller shall furnish the pur- chaser with an authorization to make the necessary searches therefor. : ....... ., . ~ ' .-, .... / pnor ~o t, nc aeuve~ ol t te aeea snm oepaua~qfl.givzh'3?gedbythese].' ~cr upon me ueuvery ut me acco. this provision shall survive the delivery of'tl~'~d~ 9, -Ik. at the time of the delivery of the deed, the premises or a~Y~shall be or shall have been affec ed b a ea~s~2em~erntli°er" a~.e'~,.~s~.e~nt,.,.a~'~.c°me_~..~Lv-~le'iff'-fi~nua' installments, of which the first insiMiment s thYen na ~a'ci~J [d ti;Til U'""-'"" u,:c.n p~. ,.. ~a~._~m.~e.n_,._km::a~. ~';u.~.~contract a e unpaid installments of an sue assess en and to t ¢ h'-',,s u-on 'il~ -rem ~es af'e-t--a ;~,'kY~~~--'ea-!~shun be deemed to be dle and ~avabl- eOlR:.~:,:~xd:×:< y p ~d and d~scli~;,c, rt-by-.~t.m_.xCll~tipon the dehvery 10. The following are to be apporlioncd: ~--'- -" N~lt::~X?'~5[~'r~,~?~N?~.;v'~X':'x'a.Xg~x~'~ih'~'~. q0 Taxes a~-"i~'~CXabV~¥ if a.ny, on the basis of tj~ei~X:year for which assesse,~., t~/ water charges on tte basis of e calendar 5'ear. 0~,x;'4~'i ,h.-'";~:ab~. ' pF28{6175) StandardN.Y.B.T,U, Form SO41-Contract of Sole J~'~ 9 1979 , CONSULT YOUR LAWYER ~EFOR; SIG~IING THIS Ifi~T~UM~?--~IS IHST~UM~HT SHOULD ~; Ui~D.~'HYE~S ONLY. NOTE: ~iR~ LOSSES. This [orm o[ contract contains ~o express provision ~s to fis~o[io~ by ~e o~ othe~ c~lt~ be~ fore delivery of the deed. Uflcss express provision is made, the provisions ot~Section 5-1311 of ~c General Obligations Mw will apply. This section ~so places risk of loss upon purchaser if title or poaession is transferred prior to closing. THIS AGREEMENT, made the day of , nineteen hundrecrand BETWEEN PETE~ J. MEYER, J~. and'STELLA MEYER~ his wife and PETER MEYER~ III, all residing at !21 Piquet Lane, Woodbury, New York hereinafter described as the seller, and TOW'N OF SOUTHOLD, a municipal corporation of the State of New York, having its office at Main Road, Southold, Nexv York 11971 hereinafter described as the purchaser, oWlr pT~qESSETH that the seller agrees to sell and convey, and the purchas, er agrees, to purcha, se, all that cextain ¢lot, piece reel of la~'d, with the bfiildings and improvements thereon erected, sxtuate, lymg and bemg~xl!i~ at Southold, in the Town of Southold, County of Suffolk and State of New York bounded mad described as follows: BEGINNING at a point on the easterly line of Boisseau Avenue, 1395.96 feet northerly along said easterly line from the Main Road; said point of beginning being the southwesterly corner of land of Barzac; from said point of beg. inning running along said land of Barzac, 2 courses as follows: (1) S. 87 29 50 E.-200.0 feet, thence (2) N. 2°30'10''E.-112- 51 feet to land of Knutsor~Qkiarine Center, Inc., being also the southerly line of a 25' right of way; the~c~ along said land of Knutson A~arine Center, Inc., being along said southerly line of said 25' right of way, S. 81 55 50 E. -96.70 feet; thence along land of the party of the first part, 2 courses, as follows: (1) S. 2"30'10"\Vo -203.13 feet; ~]~nce (2) N. 87°29'50''W. -296.24 feet to said easterly line of Boisseau Avenue; thence along said.easterly line, N. 2 30 10 E. -100.00 feet to the point of beginning. Containing 40, 000 square feet. It is understood and agreed by and between the parties hereto that the purchaser proposes to use the above-described premises for the construction thereon Of a recharge basin and/or other surface water drainage facilities to alleviate ex- isting i]ooding Conditions on Boisseau Avenue and the area in the vicinity thereof. The purchaser agrees that it will constract such drainage facilities in such manner that no surface xvater %viil flow from Boisseau Avenue onto other property of the sellers adjacent thereto. It is:further agreed that the deed to be delivered pur- u~Jr assigns the suant ~o the terms of this agreement grant to the sellers and" ~' right to drain surface water from all or any part of their 'remaining premises (shown ~nd designated on the Suffolk County Tax Map as District 1,000, Section 063, Block 3, Lot 1) into the recharge basin or other drainage facilities con- strutted bh rie prehMses b'&ifii 'conv~yed'her~under. - ....... : - ' - 1. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed or an)' street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and [na. nd to any nnpaid award for damage to said prem[s, q by rea,son of change of grade of any street; and the sclle~ will execute and deliver to the purchaser, on clc'si~:g of New York. 12. If.there be a ~ ' water meter on the p~re~_sellerfltall furnish a reading to a date not mote than toO. te time herein set fok~h~ing tit · , .,~ , . the mtervenin, time sh~.ll b;', ..... ;~~r ~.har.e and th.; unfixed sewer rent. if any. 13. The deed shall be the usual Bargain and Sale. with Covehant .-~.Rainst Gran:or~ Acts deed in proper statutory short form for record and ~hali be duly ¢~'-'--*::ed ~ad ~.-k;.'x.-~.~¢~.~:,! ~o ==.. If tile seller i~ a corporation, it ~,ill deli'.er to '* -., its Board et Ihrectnr; authori,'in~ the ' ' I.! Aa ti},.' ,.osmg et tI:e t~/!e tim *ct;~'r fl:ail dc -;-¢~ ,- ,~..- ~.. ~ ..... ' · · - Code of the City of New York and will also deliver to th~ ?tchaser tile return required bY the said statute and the ulations issued pursuant to thc authority thereof, duly signed and swum to by thc seller; tile purchaser a~rccs to sign swear to lite returu and to cause the check and Ihe relmn Icl be delivered to the City Register promptly aher the¢losmgo title. 1.6. The seller shall give ami tl~¢ purcha;cr sha!l a.:cept a ti'.lc suet, as any title company doing, business Suffolk County . a Member of the New Y.~k Board of T, ttel. Yndel~flets. to the date of closing of titk",'agtees to provide at the closing separate ce*tiffed checks as requested, a~legatmg the an;,s ~tch taxes or other I~ns and encumbrances shall not be deemed objections to title if the ~llcr shall comply with the f, If a ~arcb of the title discloses 'udoments a 21. ' ' ' ' J ~ , b nkruptcies or other returns agai~t other persons having names the sam or similar lo Ihat of the ~ll~r. lite seller will on request deliver to the purclmser an affidavit showing that such jud~ne. bankmplcies or other relurns are not against the ~ller. 22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability thc seller wall be to r~fund to the purchaser the amount paid on account of the putcha~ price and to pay the net cost cxammiog the title, whic~ cost i~.n~t to exceed the charges ~[xed by tile New York Board of Title Underwriters. qud thc 350 .h-t~icho 'l'urlq)ike, Jericho, N<.w York 1 2o. lira agreement may not be changed or'terminated or~ly. ~e stlpuhtions afotc~id a,e to apply to and brad 27. If two or more persons constitute either the ~let et the purchase, the word "~ller" or ~e w~d "~rch~e sl~ll be construed ~ if it re~ "~l~rs" or "purchasers" w~ever file ~n~ of.~is agreement so tequires. IN WITNE~ WtlEREOF. this agreement has been duly ~xecuted by the ~rtks hereto.. In pre.ncc of: A~eter J. Meyer. Jr. ' ~tella Meyer TOWN OF SOUTIIOLD ~ISTRICT 000 ECTION ~83.00 LOCK ,2.00 .OT 19.00~ $[andard N. Y.B. T, U. Form 8007* 1 l-7~-~Barsain and Sale D~J, with Covenant aSalnst Graator's Ac~ividual o~ ~t~tatio~ ~' ~ ~D~ ~de ~e ~ ~ l~y of Septe~er , ~et~ hundr~ ~d seven~y-eight ~ JOHN FELLINGER-IHAR ~d OLIVIA ~LLINGER-I~R, as tenants-in- co~on, both residing at 3190 Duck Pond Road, Cutchogue, New York, partyof the firat part, and Town of Southold, a municipal corporation, having its )rincipal place of business at (no n,~mber) Main Road, Southold, New York $679 party of the second part, ~II'N~q~'TH, that the party of the first part, in consideration of REAL ESTP. TE ~1 ~ :~ 1978 SUFFOLK COUNTY Ten ($10.00) .................................................. dollars, lawful money o~ the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the .party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~ at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly line of the land of John J. Walters, which point is the following courses and distances from a monument set at the intersection of the northeasterly line of Duck Pond Road with the northwesterly line of Oregon Road; (1) North 39~ 00' 00" West along the northeasterly line of Duck Pond Road 238.00 feet; (2) North 49° 44' 40" East along the northwesterly line of the land of Antone Haurus, 168,11 feet; (3) North 39~ 00' 00" West along the southwesterly line of the land of John J. Walters 23.85 feet; (4) North 49~ 44' 40" East along the northwesterly line of the land of John J. Walters, 131.96 feet; and running thence from said point of beginning northwesterly, northeasterly, again northwesterly and again northeasterly along the land of the parties of the first part the following courses and distances: (1) North 39° 00' 00".W.:est 269.69 feet; (2) North 51° 00' 00" East 143.50 feet; (3) North 40° 27' 25" West 275.08 feet; (4) North 51~ 00' 00" East 20.01 feet to the land of Joseph Zuhoski and Peter Zuhoski; thence South 40° 27' 25" East along the land of Joseph Zuhoski and Peter Zuhoski, 541.02 feet to the land of Antone Haurus; Thence South 49° 44' 40" West along the lands of Ant0ne Haurus and of John J. Walters 170.31 feet to the point or place of beginning. TOGETHER with a twenty (20) foot easement for laying and maintaining a storm sewer and for ingress and egress to the above-described parcel of land, the center line thereof described as follows: BEGINNING at a point on the northeasterly line of Duck Pond Road, which point is North 39° 00' 00" West 388.00 feet from a monument set at the intersection of the northeasterly line of Duck Pond Road with the northwesterly line of Oregon Road and running thence North 51° 00' 00" East 300.00 feet to a point in the southwesterly line of the above-described parcel of land. i 'I~'I'I~ER with all right, ~ and interest, if any, of the party of the first part in and to any streets and ~o~ls abutting the above described premises tO the c~nte~ lines thereof, TOCal~II-IF_.,R with the appurtenances and all the estate and rights of the party of the first part in and to s~ premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or ';~ccess~rs a~d assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the tolal of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this inde~ure so requires. ~N ~'II'l~r..,q~ ~"~..REOF, the party of the first part has duly executed this deed the day and year first above written. /JOHN FELL~INGER- IHAR , FELLINGER- IHAR /OLIVIA Onflm I' aay~ September l~78,heforeme Onthe dayof personmHy came John Fellinger-Ihar and Olivia Fellinger- Ihar to me known to be the indivld,~ daseribed in and who to me known to be the indlvidtml described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that STATE OF NEW YORK, ~OUNTY OF s~. STATE OF NEW YORK, ~OUNTY OP On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say tlmt he resides at No. say that he resides at No. , ; that be is the that he is the of of , the corporation desc~bed , the corporation desc~bed in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the senl of said corporation; tlmt the se~l affined knows the se~l of said corpor~tlon; that the: se~ n-~ixed to said instrument is such corporate seal; tlmt it was so to said instrument is such corporate se~l; that it-wns so affixed by order of the board of directors of said corpora- affixed by order of the he~rd of directors of sa~d corpora- tion, and that he signed h name thereto by like order, tion, and t.tmt he signed h name thereto by li~e order. 19 , before ma ~VI'I'H COVENANT AGAINST GRANTOK'S ACTS TITI~ NO. JOHN FELLINGER-IHAR and OLIVIA FELLINGER- IHAR TO TOWN OF SOUTHOLD, corporation a municipal TITLE INSURANCE COmpany of NeW York SECTION ~L.OCK LOT COUNTY OR TOWN ROBERT W. TASKER, Esq. Office of Town Attorney Town of Southold 425 Main Street Greenport, New York ATTORNEY AT LAW January 25, 1979 Mrs. Judith T. Terry, Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Re: Fellinger-Ihar w/Town of Southold Enclosed herewith is deed dated September 19, 1978 from John Fellinger-Ihar and Olivia Fellinger-Ihar to the Town of Southold, which deed was recorded in the SuffoR County Clerk's Office on October 120 1978 in Liber 8512 of Deeds at Page 410. I have been holding thxs deed in my file pending the receipt of the title insurance policy. I have checked with the title company today and they assure me that it will be sent out within the next couple of days. I have previously sent you survey maps of the property. In order that I may have a record for my file, will you please acknowledge receipt by signing and returning to me a copy of this letter enclosed for that purpose. Yours very truly, Ro~TW~.~TASKER RWT:fae Enc. OCT 41978 OFFIO RNEY 'ro,,'n c,~,~4~ So,,thol~ TOW~O LD 4~ ~AIN ST. GR~ENPORT~ L. I.. N.Y, 11944 October 3, 1978 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w/ Fellinger-Ihar Dear Judy: Title to the highway drainage area being purchased by the Town of Southold from Fellinger-Ihar and loc ated on the east side' of Duck Pond Road, Cutchogue closed several days ago. The deed is being recorded in the Suffolk County Clerk's Office. When the deed and title insurance policy.are returned to me they will be sent to you for filing in your office. In the meantime I am enclosing herewith a copy of the survey map of the premises in question. I am also sending a copy of the map to the Superintendent of Highways in order that he may commence construction of the drainage sump. Yours very truly, ROBERT W. TASKER RWT :MY Enclosure CC: Mr. Raymond C. Dean Superintendent of Highways i \ SURVEY FOR AT ¢o,~'~/v'O.~__~.~:,~..- . DATE TOWN OF .,.~,,~34./.X'/.VO Z. &3' SCALE: SUFFOLK'~OUNTY, NEW YORK NO. : .~'.,~-.,~4...~, YOUNG e, YOUNG ALDEN W. YOUNG~PROFESSIONAL ENGINEER AND LAND SURVEYOR N.~S. LICENSE N0.12845 HOWARD W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE N0.45895 ' 400 OSTRANDER AVENUE RIVERHEAD , NEW YORK ATTaRNEY AT LAW SEP 2 "," 1978 September 26, 1978 Young fl~ Yo,ang 400 Ostrander Avenue Riverhead, New York 11901 Re: Town of.Southold w/ Fellinger~Ihar Dear Sirs: I enclose herewith check of the Town of Southold to your order in the amount of $65.00 to cover your statement for survey work perforFned. Also enclosed is a Town voucher which I ask you to sign and return to the Southold Town Clerk, Main Road, Southold. Yours very truly, ROBERT W. 'FASKER RWT:MY Enclosures 0 0 FFi r.~~..iR N i=y TO~ LD 425 MAIN ST. I., I~.Y., 11944 BREENPORT, L. August 1, 1978 Hon. Albert M. Martocchia Supervisor of the Town of Southold Town Hall Southold, New York 11971 Re: Fellinger-Ihar w/ Town of Southold~ ' Drainage Sump East Side of Duck PJn~t Road Dear Sir: I have examined the contract with Fillinger-Ihar for the purchase of a drain- age sump area on the east side of Duck Pond Road. You will note that paragraph 25 of the rider makes the contract and the purchase subject to a permissive referendum. In reviewing the Town Law, I find that the purchase of this property is not subject to a permissive ~eferendum. I have therefore struck out of paragraph 25 any reference to a permissive referendum. I have discussed this with Mr. Scheinberg and he is agreeable to such deletion. Enclosed herewith are the contracts in duplicate. Will you please sign both copies on the second page of the printed form and a~ain on the second p~ge of the rider. Both copies should then be returned to me for transmittal to Mr. Scheinberg for execution by the sellers.. Yours very truly, RWT:MY v/Ecnclosure s C: Hon. Judith T. Terry ROBERT W. TASK.ER RECEIVED 0, .,1978 Tovm Clerk 5outhold nFFICTi3 ~:E~~D~ ~ RNEY 425 MAIN ST. GREENPI3RT, L. I., N.Y. 11944 February 1, 1979 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w/ Fellinger-Ihar Dear Judy: With respect to the above captioned title closing which took place on September 20, 1978, I enclose herewith USLife Title Insurance Company policy of title insurance No. 78-52-22072 dated September 19, 1978 in the amount of $2,000.00 naming the Town of Southold as the insured. Yours very truly, ROBERT W. TASKER RWT:MY Enclosure LE,-' .IFE TITL NSURANCE Compar y Policy of Title Insurance 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 c~sts 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 descri[~ed in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of un- marketability of the title of the insured to or in the premises, or by reason of liens or incumbrances 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 insu red hereby, or by reason of lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters s~t forth in Schedule B, orby the conditions of this polic~ hereby incorporated into this contract, the loss and t e amount to be ascertmned m the manner prowded in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. IN WITNESS WHEREOF, USLIFE TITLE I nsu rance Company of New York has caused this policy to be signed and sealed on its date of issue set forth herein. PresJdent~ N,moof~nsured TOWN OF SOUTHOLD 'l~e estate or interest insured by this policy is vested in the insured by means of D E E D recorded 10/12/78 Policy NO. 78-52-22072 Amount of $ 2 , 000 o 00 oot, Of,.ue9/19/78 Schedule A Schedule B . . . · · : The following eotates, interests, defects, ob|action to ttt~e, hens and ~ncumbrances and other matters are excspted from the coverages of thru po cy 1. Defects and incumbrances arising or becoming a lien after the date of this policy, excagt as herein provided. 2. Consequencet of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Any laws. ~'agulationa or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or improvement of the premises adopted or imposed by any governmentel body, or the effect of any noncompliance with any violation thereof. 4. Judgments against the insured or estates, mterests, defects, object~ons, hens or mcumbrances crested, suffered, aesumed or agreed to by or ~sth the pr vity of the insured. 5. Tnletoanyprope~ybey°ndthe~ines~fthepremises~rtit~etoareaswithin~rrightsoreesementsinanYabuttingstreets~ roads, avenues, lanes, ways orwoterways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, dghte, or easements ara insured. Notwithstanding any provisions in this paragraph to the oontrary, this policy unless otherwise excepted, insures the ordinal' rights Of access and egress belonging to abutting owner~ 6. T'~le to any personal property, whether the same be attached to or used in connection w~th sa~d premises or ot~tar~se SURVEY by Young and Young, dated 9/20/78 shows premises as vacant land; no encroachments or variations. Company excepts any state of facts a survey or inspection of the premises made since 9/20/78 might show. RIGHTS of tenants or persons in possession, if any. POSSIBLE unpaid water charges. · ~.' Repo~ 13 (,11/74) . C) SCHEDULE A (Description) ALL that ce~ain plot, piece or parcel of land, with the buildings and improvemen~ thereon erected, situate, lying and ~ing at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly line of the land of John J. Walters, which point is the following courses and dis- tances from a monument set at the intersection of the northeas[- erly line of Duck Pond Road with the northwesterly line of oregon Road; 1) North 39° 00' 00" West along the northeasterly line of Duck Pond Road 238.00 feet; 2) North 49° 44' 40" East along the northwesterly line of the land of Antone Haurus, 168.11 feet; 3) North. 39° 00' 00" West along the southwesterly line of the land of John J. Walters, 23.85 feet; 4) North 49" 44' 40" East along the northwesterly line of the land of John J. Walters, 131.96 feet; and running thence from said point of beginning northwesterly, northeasterly, again northwesterly and again northeasterly along the land of the parties of the first part the following courses and distances: 1) North 39° 00' 00" West 2) North 51° 00' 00" East 3)~North 40° 27' 25" West 4) North 51° 0Q' 00" East and Peter Zuhoski; thence South 40° 27' 269.69 feet; 143.50 feet; 275.08 feet; 20.01 feet to the land of Joseph Zdhoski 25" East along the land of Joseph Zuhoski and Peter Zuhoski, 541.02 feet to the land of Antone Haurus; Thence South 49° 44' 40" West along the lands of Antone Haurus and of John J. Walters 170.31 feet to the point or place of beginning. continued- DESCRIPTION continued-- TOGETHER with a twenty (20) foot 'easement for laying and maintaining a storm sewer and for ingress and egress to the above described parcel of land, the center line thereof described as follows: BEGINNING at a point on the northeasterly line of Duck Pond Road, which point is North 39° 00' 00" West 388.00 feet from a monument set at the intersection of the northeasterly line of Duck Pond Road With the northwesterly line of Oregon Road and running thence North 51° 00' 00" East 300.00 feet to a point in the southwesterly line of the above described parcel of land. INSURANCE Company of New ~k Endorsement Attached to and made a part of USLIFE TITLE INSURANCE Company of New York Policy No. 78-52-22072 TOW~ 0F SCUTHOLD ~id ~licy is hereby amended as follows: To delete the following: COmpany excepts any state of facts a survey or inspec- tion of the premises made since 9/20/78 might show. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any 'of theterms and provisioqs of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. Signed and sealed this 29th day of January ,19 79 By ~/ ¢/ Presidenr Attest: Countersigned Agent Conditions of this Policy If the cost of the improvement exceeds twenty per cantum of the amount of this policy, such proportion only of any pe~al loss estab]lsh~cl shall be borne by the 7. At~gnment of Policy 8, Subrogm~on U,.~IFE TITLE INSURANCE Company of New York New York State Offices Nb*ny ~ouofy 90 State Street, Albany 12207 Bronx Co~ety 2488 Grand Concourae, Bronx 10458 212 292-5200 Kings C~untv 18S Mont~gue Street, Brooklyn, 11201 212 522~777 212 425-8010 N~u,u Cmmty 170 Jericho Turnpike, Florel Park 11001 516 354-8500 212 347-2010 New York County · 12S Maiden Lane, NewYork 10038 21Z425~8010 90-15 Sutphin Boulevard, Jamaica 11435 2127394001 Rldmt(md C~unty 350 St. Marks Place, St. George; S.L 10301 212442-2700 RocMand C~unty 20 South Main Street, New City 10956 914 634-3612 212 292-1528 $offdk County 127 W. Main Street, Rivetflead 11901 516 727-4140 212 962;1445 235 Main Street, White Plains 10601 914 948-4040 212 824-0404 DRAINAGE EASEMENT We, JOHN T. REEVE, residing at (no number) Bennett's Pond Lane, Mattituck, County of Suffolk, State of New York and PETER E. SWAHN, residing at (no number) Bennett's Pond Lane, Mattituck, County of Suffolk, and State of New York, in consideration of the sum of One Dollar ($1.00), receipt of which is acknowledged, and the prospective benefits to be derived by reason of the laying, installing, maintaining, repairing, and replacing, if necessary, of a certain drainage pipe for storm water run-off under the supervision of the Superintendant of Highways, of the Town of Southold, County of Suffolk. State of New York do hereby convey and release to 53095 MainStreet, Southold, the Town of Southold,/ County of Suffolk, State of New York, an easement and right of way for storm water run-off, over and across lands owned by us and situated in the Town of Southold, County of Suffolk, State of New York, and more particularly described On Schedule A annexed hereto and made a part hereof. The easement and right of way hereby conveyed and released is for the sole purpose of laying, installing, main- taining, repairing and replacing, if necessary, over and across the above-described land a certain drainage pipe for storm water run-off from Bennett's Pond Lane through property of the undersigned. SCHEDULE A DIST. /00 5i~C. //3 BLOCK Ail that certain plot, piece or parcel of land, situate, lying and being at Mattituok, Town of Southold, County of Suffolk, and State of New York more particularly bounded, and described as follows: COMMENCING at a point in the southerly line of Bennett's Pond Lane which point is located the following two courses and distances from the intersection of the southerly line of Bennett's Pond Lane with the division line between Lots 5 and 6 as shown on a certain subdivision map known as "Map of Bennett's Pond," which said map was filed in the Office of~ the Clerk of the County of Suffolk on June 12, 1970 as Map No. 5483: (1) in a generally northeasterly direction along the southerly line of Bennett's Pond Lane a distance of 21.38 feet to a monument; and (2) along an arc of a curve to the left having a radius of 50.00 feet a distance of 31.46 feet also along the southerly line of Bennett's Pond Lane to the point or place of beginning, and from said point or place of beginning running thence along an arc of a curve to the left having a radius of 50.00 feet a distance of 15.24 feet also along the southerly line of Bennett's Pond Lane; thence South 03° 28' 20 West a distance of 100.39 feet to a point; thence South 29° 32' 00" East a distance of 94.46 feet to land now or formerly of Gilles; thence South 74~ 42' 20 West along said land now or formerly of Gilles a distance of 15.47 feet to a point; thence North 29~ 32' 00~ West a distance of 95.12 feet to a point; thence North 03' ~8' 20" East a distance of 102.52 feet to the southerly line of Bennett's Pond Lane and the point or place of beginning. ./ ~T cotch bo$in Lof 5 Lot 6 ~ 0° NOTE~ · -' MONUMENT OF THE CLERK OF SUFFOLK COUNTY ON &lONE I~ ,1970 AS MAP NO ~483. · REVISIONS or ODv~ formerly Gilles YOUNG & YOUNG ~,00 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG SURVEY OF: PROPOSED DRAINAGE SUBDIVISION "BENNETT'S AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK CO., 'N.Y. SCALE: The undersigned, JOHN T. REEVE and PETER E. SWAHN, do hereby release the Town of Southold from any and all claims for damages arising in any way because of or inoident to the eonstruction and maintenance of the drainage pipe for storm water run-off across the described land. In witness whereof, we have hereunto set our hands this /~--~day of~1977. (JoyT. Reeve) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On this /~f~day of 9m~e~r, Nineteen Hundred and Seventy- seven before me, the subscriber, personally appeared JOHN T. REEVE to me personally known and known to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. otary Publid STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On this /2/--~day of ~, Nineteen Hundred and Seventy- seven before me, the subscriber, personally appeared PETER E. SWAHN to me personally known and known to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. $....~.. .............. REAL ESTATE FEB 1 0 1978 ,SUFFOLK 141%'2 DRAINAGE EASEMENT For premises of JOHN T. REEVE And premises of PETER E. SWAHN Located at Pond Lane, New York Bennett's Mattituck, Rober~ W. Tasker, Esq.: 425 Hain Street Greonport, Now Yorki1944 425 MAIN ST. GREENPrlRT, L. I., N.Y. 11944 February 22, 1978 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Drainage Easement at Bennett's Pond Lane, Mattituck Dear Judy: I enclose herewith for filing in your office drainage easement from John T. Reeve and Peter E. Swahn to the Town of Southold dated December 12, 1977 and recorded in the Suffolk County Clerk's Office on February 10, 1978 in Liber 8386 at page 391. A photostatic copy of the drainage easement is being sent to the Superintendent of Highways. Yours very truly, ROBERT W. TASK_ER RWT :MY Enclosure CC: Mr. Raymond C. Dean Superintendent of Highways At a meeting of the Town Board held on the 12th day of April, 1962, WHEREAS, the Superintendent of Highways of the Town of Southold has advised the Town Board that a serious flooding condition exists on Tuckers Lane at Southold and recommends that land be acquired on the east side of Tuckers Lane for the purpose of constructing a leaching basin to drain surface water on Tuckers Lane, and WHEREAS. the Superintendent of Highways has also advised the Town Board that he has consulted with the Donahue family, the owners of the property on the east side of Tuckers Lane and said owners will oonvey the parcel of land hereinafter described to the Town of Southold for the sum of $1,500.0~, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Southotd be and he hereby is authorized and directed to enter into a contract and to purchase the property hereinafter described from the present owners for the sum of $1, 500.00, said real property being described as follows: ALL that plot, piece or parcel of land 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 easterly line of Tucker Lane 300 feet southerly along said line from land now or formerly of Zigmund Helinski and running thence along other land now or formerly of Donahue three courses, as follows: (1) North 55 degrees 00 minutes 00 seconds East 149. 81 feet; thence (2) South 35 degrees 00 minutes 00 seconds East 100 feet; thence (3) South 55 degrees 00 minutes 00 seconds West 149. 81 feet to the easterly line of said Tucker Lane; thence along said easterly line North 35 degrees 00 minutes 00 seconds West 100 feet to the point of beginmng. TITLE INSLIR qNCE IC¥ RA EE ~" ~O"5~¢~O" O~ the payment o~ its charges for the examination of title and its premium for insurance, insures the within named insu~d against all loss or damage not exceeding the amount of insuran~ sta~ed herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insur~ 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 premis~, or by reason of liens or incumbrances affecting title at the date hereof, or by rea~n 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, excepting all loss and damage by reason of the estates, interests, delfts, obj<tions, liens, incumbrances 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 asce~ined in the manner provided in sam conditions and to be payable upon compli- ance by the insured with the stipulations of said conditions, and not otherwise. has caused tMs policy to be signed and sealed on its date of issue set forth herein. CONDITION8 OF THIS POLICY~-~ Section I DEFINITIONS (a) Wherever the term "insured" is u~ed in this policy it includes those who succeed to the interest of the insured by operation of law including, without limitation, heir~, diatribute~, devisees, survivors, personal representatives, next of kin or corporate successors, 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 conditions of this policy it also includcz the attorneys and agents of the "insured." (b) Wherever the term "this company" is used in this policy it means The Tide Guarantee 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, unlc~ otherwise indicated, recorded in the office of the recording officer of the county in which property insured herein fies. Section 2 DEFENSE AND PROSECUTION OF SUITS fa) This company will, at its own cost, defend the insured in ail actions or proceedings founded on a claim of title or incumbrance not 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 tide or interest hereby insured, or upon or under any covenant o£ contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all ca~s where this policy requires or permits this company 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 necezsary in recovering the loss from those who may be liable therefor to the insured or to this company. ~eetion 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 premises or from some part or undivided share or intercst therein. (b) Where there has been a final determination adverse to thc tltlc, upon a lieu or incumbrance not exccptc~ 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 thc judgment or order of a court and thc tide has been rejected because of a defect or incumbrance not excepted in this policy and there has been a final determination sustaining the objection to thc tide. (d) Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final dcterminatlon to be invalid or ineffectual m charge thc insured's estate or interest in the premises, or subject to a prior lien or incumbrance not cxcepted, in this policy; or where a recording officer has refused to accept from the insured a satisfaction of thc insured mortgage and there has been a final deter- ruination sustaining the refusal because of a defect in the title to thc said mortgage. (e) Where the insured shall have negotiated a loan to be made on thc security of a mortgage on the insurcd's estate or interest in the premises and the tide shall have been rejected by the proposed lcndcr and it shall have been finally determined that the rejection of the tide was justified because of a defect or ificumbrance not excepted in this policy. (0 Where the insured shall have transferred the tide 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 cove- hunts or warranty, against the insured, because of a defect or incum- brance 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 incumbrance 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 incumbrance, removes such defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily a.,aumed by the insured in settling any claim or suit without the written consent of this company. Section 4 NOTICI~ OF CLAIM In case a purchaser or proposed mortgage lender rais~ any question as to thc sufficiency of the tide hereby iozured, or in case actual knowledge shall come m the insured of any claim adverse to the tide insured hereby, or in case of the service on or rece/pt by the insured of any paper, or of any notice, summons, proce~ or 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 thc fide hereby insured, thc insured shall promptly notify this company tbereaf in writing at its main office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, procc~ or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in the future prejudice this company. Section 5 PAYMENT OF LOSS fa) 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 thc insured under the terms of this policy. This company shall not be fiablc for and will not pay the fees of any counsel or attorney employed by the insured. (b) In every case wbere claim is made for loss or damage this company (~) reserves the right to setilc, at its own cost any claim or suit which may involve fiabi ity under this policy; or (2) may term/- nate its liability berconder by paying or tendering thc full amount of this policy; or (5) may, without conceding liability, demand a valua- don of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the ir~urcd and one by this company, and the two thus chosen selecting an umpire. Such valua- tion, less the amount of any incumbrances on said insured estate and interc~t not hereby insured against, shall be the extent of this com- pany's liability for such claim and no right of action shall accrue hcreunder for the recovery thereof until thirty days after notice of such valuation shall have been served upon this company, and the insured sh. ali have tendered a conveyance or assignment of the insured cstate'or interest to this company 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 premise~. (d) All payments made by ~his 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 thc insured and for statutory costs and allow- ances tmposed on the insured in such actions and proceedings, and (2), if the insured is a mortgagee, payments made to satisfy or subordi- nate prior liens or incumbrance~ 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 INSIDE BACK COVER · :,o,~ * ,.a2. ~o~ THE TITLE GU.4.R.4.IUI'EK CU~ .IIY~' Name of Insured T]~ TOTA~ 01~ ROU~Z~[O~) Policy No. 1236627 Amount of Insurance $ 1,500.00 Da+e o~ ~ssue 6/13/62 The estate or interest insured by this policy is fee simple vested in She insured by means of ~ 6ee~ made by ~d~rd L. Don~ue ~d ~ay S. Don~ue, ~s ~fe, R~ond W. ~n~ue ~d ~n~ Q. Donahue, ~s ~fe ~d Reg~n~d S. Donahue and Client B. Don~ue dated 6/13/62 recorded 6/18/62 in ~ber ~82 cp ~. SCHEDULE I~ The follow;ncj estates, interests, defects, obiectlons to title, liens and incumbrances and other matters are excepted from the coverage of this policy: I. Defects end incumbrances arising or becoming e lien after the date of this policy, except as herein provided. 2. Consequences of the exercise and enforcement or aHempted enforcement of any governmental war or pol~ce powers over the premises. 3. Zoning restrict~ons or ordinances imposed by any governmental body. 4. Judgments against the insured or estates, ]nterests, defects, objections. liens or incumbrances created, suffered, assumed or agreed to, by or with the pHvlty of the insured. 5. Title to any property beyond the lines of the premises or to the land ;n any streets, roads, avenues, lanes or ways on which the prern]ses abut, or fha rlghf~ maintain therein vaults, funnels, ramps or any other struc- ture, or imp~r~vemenf or any rights or easements therein unless this policy specifically provides fhet such lands, rights or easements are insured; ex- cept that if the premises ebuf upon e physically open street or highway, this policy, unless otherwise excepted, insures the ordinary rights of access end egress belonging to abutting owners. Compliance by the buildings or other erections upon the premises or their use with Federal, State and Municipal laws, regulations and ordi- Title to any personal property, whether the some be attached fo or used in connection with said premises or otherwise. A.' A~y state of facts ~u inspection of the premises might show. ~rvey by Otto ~. Van Tuyl dated 5/2~/62 shows vacant plot. variations. 0. Second half 1961/62 To~n and School Taxes. SCHEDULE "B" OF THIS POLICY CONSISTS OF --I SHEET(S). · oe * ~ e~ ~o~ 2-1'IE 2'ITLE GPTd~COMPH~I' Policy No. 1236627 SCHEDULE A The premises in which the insured has the estate or interest covered by this poJ;cy AT,T, that certain plot, piece or parcel of land, with the builSings thereon erected, 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 easterly line of Tucker Lane dis~nt 300 feet southerly along said line from land of Zigmun8 Helinski and running THENCE along other land of Donahue three courses as follows: 1. North 55 degrees 00 minutes 00 seconds East 149.81 feet; 2. South 55 degrees O0 minutes 00 seconds East 100 feet; 3. South 55 degrees 00 minutes O0 seconds West 149.81 feet to the easterly line of said Tucker Lane; THENCE along said easterly line of said Lane North 35 degrees 00 minutes 00 seconds West 100 feet to the point or place of beginning. CONDITIONS CONTINUED FROM INSIDE FRONT COVER Section 6 CO-INSURANCE AND APPORTIONMENT (a) In the event that a partial loss occurs after an alteration or improvement sut~scquent to the date of this po]icy, and only in that event, thc insured becomes a co-insurer to thc extent hereinafter set forth. If the cost of the alteration or improvement exceeds 20 per centum of the amount insured hereunder, such proportion only of any partial loss established shall be borne by this company as 120 per centum of the amount of this' policy bears to the sum of thc amount of this policy and thc amount expended for the alteration or improvement. This clause shall not apply to counsel fees and disbursements in~ curred by this company in defending or prosecuting actions or pro- ccedings i~ behalf of the insured pursuant to the terms of this policy or to costs imposed on thc insured in such actions or proceedings. This clause shall not apply to losses which do not exceed in thc aggregutc an amount erlUal to one per centom of the face amount of this policy. This company will pay such fees, disbursements, costs and losses with- out contribution by thc insured. (b) If the premises arc divisible into separate, independent parcels, and a loss is established affecting one or more but nos ali of said parcels, the Ices shall be computed and sett ed 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 subsequent to the date of this policy. (c) Clauses "(a)" and "(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 liability for any loss shall have been fixed pur- suant to the conditions of this policy the insured holds another policy of insurance covering the same loss issued by another company, this company shall not be liable to the insured for a greater proportion of the loss than the amount that this policy hears to the whole amount of insurance held by the insured, unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or insurers. Section ?.. ASSIGNMENT OF POLICY If the interest insured by th s po cy is that of a mortgagee, this policy may be assigned to and shall inure to thc benefit of successive a~ignees of the mortgage without consent of this company or its en- dorsement of this policy. Provision is made in the rare manual of New York Board of Title Underwriters filed with the Superintendent of Iosurancc of the State of New York on bchaff of this and other member companies for continuation of liability to grantees of the insured in certain specific circumstanccs only. In no circumstance provided for in this section shall this company he deemed tb have insured the sufficiency of thc form of the assignment or other instru- ment of transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. Section 8 SUBROGATION (a) This company shall to the extent of any payment by it of lo~ under this policy, be subrogated to all rights of thc insured with respect thereto. The iosured shall execute such instruments as may he ~ecqu~ted to transfer such rights to ~his company. Thc rights so trans- rre~ shall be subordinate to any remaining interast of the insured. (b) If the insured is a mortgagee, this company's right of subroga- tion shall not prevent the insured from releasing the p~r~onal liab~tv of the obligor or guarantor or from releasing a portion of the premi~ from the lien of the mortgage or from increasing or otherwise modify- ing the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event he increased by any such act of the insured. Section 9 MISREPRESENTATION Any untrue statement made by the insured, with respect to any material fact, or any suppression of or failure to disclme any material fact, or any untrue answer by thc iosured, to material inquiries before the issuance of this policy, shall void this policy. Section 10 NO WAIVER OF CONDITIONS This company m~y take any appropriate action under the terms of this policy wbethe~ or not it shall be liable hereunder and shall not thereby concede liability or waive any pruvisian of ~ policy. Section 11 POLICY ENTIRE CONTRACT thAll act. i.oos or~p?c, eedings agaiost thi~ company mint be based on e provqsloos oi mis policy. Any other action or actinos or rights'of action that the insured may have or may bring against this company m 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 cc;nditions. Section 12 VALIDATION AND MODIFICATION This policy is valid only when duly signed by a validating officer or agent..Changes may ~c effected only by written endorsement. If the ~hcord~ing d,a. te of the instruments creating the insured interest h later t an the poncy da~, such policy shall also cover intervening liens or is~ wCU~ rm rb~na~es, except real estate taxes, assessments, water charges and ENDORSEMENTS A Valuable Document Insurance _-__- THE TITLE GUARANTEE Title l~ura~e Thr~gh~t HEW YORK, NEW J~SEY, CONHE~I~ V~O~ ~D GEORG~ HE, iD OFFICE 176 BROAD~VAY, .~[ED' YORK CITF RESOLUTION 'I~ii$ INDF_~TUi{F.~ made the 4th day of September , nineteen hundredandSeventy-thre~ BETWEEN WOODHOLLOW PROPERTIES, INC., a domestic corporation with its office at 8243 Jericho Turnpike, Woodbury, New York pa ty of the first part and, W of SOUTHOLD; a municipal subdivision of the State of New York having an office at 16 South Street, Greenport, New York WI'I~I:'~$ETI'I, that the party of the first part, in consideration of ten dollars and other' valuabie consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, ~:':'~ "-~ ~":'J~:~: --::A ~=-~- :.--?-:.-:.'_: _~__ _~ec~___-~re~t~d, situate, lying and being in the unincorporated area of the Town of Southold, known as Orient, Suffolk County, New York, more particularly bound and described as follows: BEGINNING at a point on the westerly line of Ryder Farm Lane, 117.70 feet northerly along said westerly line from Main Road; from said point of beginning running along land of the party of the first part; two courses: 1. South 88' 05' 2. North 1' 34' II, Orient by the Sea", 20" West 183.89 feet; thence 00" West 24.00 feet to Lot 65, "Section filed in the Suffolk County Clerk's Office as Map No. 3444' thence along said Lot 65, North 62" 52' 00' East 156.0 feet to said westerly line of Ryder Farm Lane; thence along said westerly line South 27' 08' 00" East 100.0 feet to the point of BEGINNING. Containing 10,007 square feet. -'This conveyance is made by Woodhollow Properties, Inc. to the Town of Southold so-that the above-described premises may be used as a leaching area for drainage purposes in connection with the Maps of Orient-by-the-Sea, Section 2 and 3. TOGETHER with all right, title and interest, if any, of the party of the first part in and to ar:y streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises: TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and ass.~gns of ~he 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 atlytt~ing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party o.f the first part, in compliance with Section 13 of the Lien Law. covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply ;the same first to the payment of the cost of the improvement before using any part ot the total of the same for any other purpose. The word ~'party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WH~.,I~£OF~ the party of the first part has duly executed this deed the day and year first above written. INC. known the individual descried in ~o the ind vidoal ~ib~ in and who to me to k~n ~h~ . ~~go~ inst rU~an~now~e~g~ executed the sa · ~mm[~sio~ ~res March 30. 1975 STATE OK NEW YORK, COUNTY OF NASSAU SS: ( i;] the 24th da)' of September 1973 . before mc p, rsona] ) came . WA/~TER UHL . ~o me known, who, being by me duly sworn, d~d ~ rpo~e and ~a~ that he resides at No. Split Rock Road, ~yosset, New York ; h~, is thePresident "~ WOODHOLLOW PROPERTIES, INC.. ~ . the corporation d~scr{bed In '~n,~ which executed the foregoing instrument; that he know~ the seal of said corporatmn that thc seal affixed ;d~xed by order of the board of directors o{ said corpora- ...... an,, tl,at he signed hi~ name~tO hv. liar WM. E. BRU . ~OTARY pUBLIG, State o{ New York Me. 30-0892665 Ouallfled in Nassau Coun~ STATE OF NEW YORK. COUNTY OF SST On the da)' of 19 , before me personally came the subscribing witness to the {ore~,~ing instrument, with whom I am personal y acquainted, who being by me duly sworn, did depose and say that he resides at that he knows to be the individual described in and who execttted the foregoing instrument: , that he, saki subscribing witness, was preseut and saw execute the same; and that he. said witness. at the same time subscribed h name as witness thereto. WOODHOLLOW PROPERTIES, INC. TO ~- TO~ OF sOUTHOLD .';TAHDAI~O FOIIM OF NHI YORK OOARO OF tITLE UNDERWRITERS D~stributed by EIIIEAGO TITLi: ]i N S URA~'(~ E I~ OM PAriTY BLOCK LOT COUNTY OR ']tOWN of SOUtl'Lo'ld Recorded at Request o{ Zip No. ALBERTW, RICHMOND OFF ERK SOUTHOLO, L. I. N. Y. 119~71 December 18, 1973 Hon. Lester M. Albertson Suffolk County Clerk Suffolk Coqnty Center Riverhead, New York 11901 Dear Mr. Albertson: Transmitted herewith for filing in your office is deed between Woodhollow Properties, Inc. and the Town of Southold. $4.00 filing fee enclosed. Kindly return original to this office after filing. Very truly your~--,7 Albert W. Richmond Town Clerk October 3, 1973 Hon. Albert Martocchia Southold Town Board 16 South Street Greenport, NY 11944 Re: Woodhollow Properties, Inc., Orient-by- the-Sea, Section 2 Our File No. 9910 A Dear Mr. Supervisor: We understand that the Town Board did not have an oppor- tunity to take up the contents of our letter of September 24, 1973, and the offer of dedication by Woodhollow Properties to the Town. The purpose of this offer is to provide the Town with a leaching area to be used in connection with this Section of Orient-by-the-Sea. A copy of our letter of September 24, 1973 is enclosed herewith. The Deed and a survey of the offered premises were sent with the prior letter. We understand that the Board is meeting on Friday, October 5 and we ask that you kindly add this to your agenda. Very truly yours, deB/ej Enc. FROEHLICH & MAHONY cc: Mr. Walter Uhl September 24, 1973. Hon. Albert Martocchia Southold Town Board 16 South Street Greenport, NY 11944 Re: Woodhollow Properties, Section 2 Our File No. 9910 A Inc., ~ ~Dear ~r. Supervisor: '~' We herewith enclose an original Deed ,.~ 1973,-running from Woodhollow Properties, Orient-by-the-Sea, dateU septembsr ~.:24, Inc. to the TSwn of .-. :~South~ld, along with the map dated September 17, 1973, ~oderlck Van Tuyl showing the premises described in the Deed. This is off'red to the Town ~f Southold for use as a ~'[leaching area in connection with the approval of Orient-by-~ ~he-Ses, Section 2. .We appreciate that this is your acceptance of this offer and may be contingent upon review by counsel, but we hope that you may be able to take up this offer at the next Town Board :~ meeting with the Town Highway Committee and the Board On behalf of our client, we thank y6u for any consider&t'l~ you may show in this matter. Very truly yours, FROEHLICH & MAHONY William E. deBruin, J~. deB/e J cc: Mr. Walter Uhl Southold Town Planning Board SOUTHrlLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlokham, Ghalrmee Henry Molsa Alfred Grebe Frank Co¥1e September 21, 1973 Supervisor Albert M. Martocchia Town of Southold 16 South Street Greenport, New York 11944 Dear Supervisor Martocchia: I am enclosing copy of letter received from William E. deBruin, Jr., attorney for Orient-by-the-Sea. The Planning Board would like very much to conclude this matter in view of the fact that we are holding up final approval of Orient-by-the-Sea Section III until such time as the complete drainage plans are approved. If this meets with your approval, we would appreciate an early response. I am enclosing a simple statement to th~We would like very much to jet a date for ~'~---__ --- ~-~J/~Oc~iHeari~ of Orient-by-the-Sea Section III early in Very sincerely, ~ohn ~ickham, Chairman Southoid · own ~lanning Board JW:~ Enclosures cc William E. deBruin, Jr. Town Highway Com~nittee Superintendent of Highways Raymond Dean Southold Town Planmng Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckhem, Chllrmen Henry Molsa Alfred Grebe Henry Raynor Frank Coyle September 21, 1973 The proposed dedication of 10,000 sq. ft. on the west side of Rider Farm Lane, south of Lot 65, for a leaching area is acceptable for drainage purposes, in connection with Orient-by-the-Sea Section III. It is understood that this drainage requirement is in addition to drainage requirements shown on the map of Orient-by-the-Sea Section III which wasgiven preliminary approval subject to public hearing on July 30, 1973. Very sincerely, ~ John Wickham, Chairman Southold Town Planning Board FROEHLICH ~, MA~ONY 34 WILLIS AVENUE September 14, 1973 Southold Town Planning Board 16 South Street Greenport, NY 11944 woodhollow Properties, Inc. Orient-by-the-Sea, Section 2 'Our File No.9910 A Gentlemen: We understand that Mr. Uhl's suggestion of placing a Sump which the Town Highway Committee requested in escrow, has been rejected. Mr. uhl has advised us, however, be willing to accept a dedication parcel on the west side of Ryder that the Board would of a 10,000 sq. ft. Farm Lane, south.of Lot 65, which could be used as a leaching area. Would you kindly advise us as to the Board's feelings on this further alternate suggestion by Mr. Uhl to solve the drainage problem on this map. Very truly yours, FROEHLICH & MAHONY deB:es cc: Mr. Walter Uhl Southold Town Planning Board ~BEiUTHI3LD~ L. I., N. Y. 119'71 PLANNING BOARD MEMBER8 John Wlokham, Chairman Henry Molsa Alfred Grebe Henry Rayno~' Frank Caylo June 1, 1973 Southold Town Board 16 South Street Greenport, New York 11944 Re: Orient By The Sea, Section III Gentlemen: At a regular meeting of the Planning Board on May 30, 1973, tentative approval was granted for the subdivision map of Orient By The Sea, Section III. The Planning Board has in its files a copy of the Certificate of Abandonment for part of Section II, and notification from the County Clerk that said certificate was filed in his office on May 29, 1973. The Planning Board recommends that the Town Board place the map of the remaining Section II, Orient By The Sea on the list of approved subdivisi~e~&.~ Very sincerely,/ '~ John Wickham, Chairman~ Southold Town Planning Board JW:tle ~RIENT BY THE SEA HOME~ COLOHY & MAmHA O 8243 JERICHO TURNPIKE WOOl)BURY. N. Y. 11797 July 6, 1973 The Honorable Albert Hartocchla Suparvlsor, Town of Southold South Street Greenpoet, NY 11944 Dear Sir: Re: Orient. By The Seai Section In accordance with the request of the To~n Board as expressed to me by Hr, Dean, the Hlgh~ay Superintendent, I have caused our engtnear, Otto Van Tm/I, to revle~ the dralnage situation as It effects the above described sjb-divlslon. Accordingly, Hr. Van Tuyl has prepared a proposal which employs an under- ground drainage system to cure any dralnage problem. It Is the opinion of our engineer, In whlch I concur, that this system would be superior to the Installatlon of a sump. Not only would It be more effective, but tt would prevent the re- moval of an entire building plot fram the tax rolls and would avoid what undoubtedly would be an w&slghtly sump Installation at the very enterence of the development, Further, It has been my experience that no matter hew aluch ~oney Is expended In the upkeep and maintenance of sumps, they tend to became unkempt; and In the long run are not as effective as originally contemplated. For all these reasons I weuld ask the Board to consider ceptleg the drainage system as proposed by Hr. Van Tuyl. A copy of that plan has been delivered to Hr. lean, and it is my understanding that he wlll present It to the Town Board at the executive meeting on Tuesday, July ]0~ It ts my hope that the Board will approve the map wlth the drainage plan as proposed. Sincerely, '1 John TOWN 0,~' JOUT"AIOI_D O; RAYMOND C. DEAN Euperifltendeflt 1973 734- 5211 '1'be ~lazm.'~g /'mm of Soutboldt ]*{e~ York 11971 Ge~tl,,,,e~: Re: ]~ut IU/X, SectionX PeConf, cs New York At the present ramco ! would request that a Bond not be necessary ~or the recharge bas~. Th~s w/ll be used at a later date for a future recharge bas~n. '~I~DHD Co Sup*t of i~stn~ys ' J~JDITH T. TERRY TOWN CLERK R~GISTRAR OF VITAL STATI~fICS OFFICE OF IO%~N-.LiEERK I:O~yN OF SOUTHOE~ 3UFFOLK COUNTY Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 September 13, 1978 Mr. John Pontino Indian Neck Lane Peconic, New York 11958 Dear Mr. Pontino: Enclosed herewith in triplicate is the contract for the Pontino-Kull property on the east side of Indian Neck Lane, Peconic. Ail three copies of this contract should be signed by John Pontino, Joseph Pontino and Richard A. Kull, and the Pontino's keep a copy and the Kull's keep a copy. Please return original copy to me in the self- addressed envelope. Very truly yours, Judith T. Terry Town Clerk Trl' Il:) 42~ MAIN -qT. BREENPBRT, L. I., N.Y. 11~J44 September 12, 1978 Hon. Albert M. Martocchia Supervisor of the Town of Southold Town Ha~l Southold, New York 11971 Re: Pontino and Ku11 w! Town of Southold Dear Sir: Enclosed herewith in triplicate is the contract for the Pontino-Kull property on the east side of Indian Neck Lane. The contract provides for a total price of $7, 000.00, one-half of which is to be paid to Kull and the other half to Pontino. The total contract price is to be paid at the time of closing of title. All three copies of the contract should be executed by all parties and each party should retain an executed copy. You should return an executed copy to me so that I can proceed with the acquisition. Yours very truly, ROBERT W. TASKER RWT :MY Enclosures P~ 28 16/7~) Standard N.Y.B.T.U. For?~Jll~041-Contract of Sale 0 CONSULT YOUR LAWYER EEFORE SIGNING. THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty be, fore delivery of the deed. Unless express provision is made, the provisions of Section 5-1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser ff title or possession is transferred prior to closing. THIS AGREEMENT, made the day of September , nineteen hun&ecl'and seventy-eight BETWEEN JOHN PONTINO, JOSEPH PONTINO and RICHARD A. KULL, all residing at Indian Neck Lane, Peconic, Town of Southold, New York, hereinafter described as the seller, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Street, Southold, Town of Southold, New York, hereinafter described as the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase,, all that .ce~rtain plot, piece ~rpercel~innd~withthebi~i~dingsandimpr~vem~ntsthere~nerected~situate~yingandbeingm~m at x-'ecordc, in the Town of Southold. County of Suffolk and State of New York, more particularly bounded at~ deseribed as foltew~: -- BEGINNING at a point on the easterly line of Indian Neck Lane where said line is intersected by the boundary line between land of John Pontino and land of Anton Kull; running thence along said easterly line of Indian Neck Lane, North 11 degrees 42 minutes 50 seconds West 25.0 feet; thence through said land of Pontino, three courses as follows: (1) South 84 degrees 29 minutes East 175.0 feet; thence (2) North 81 degrees 51 minutes 50 seconds East 282.57 feet; thence (3) South 8 degrees 22 minutes 30 seconds East 49.52 feet to the northeasterly corner of said land of Anton Kull; thence along the boundary line between said land of Anton Kull and land of Mary Kull, South 8 degrees 22 minutes 30 seconds East 25.32 feet; thence through said land of Anion Kull, two courses: (1) South 81 degrees 51 minutes 50 seconds West 278.21 feet; thence (2) North 84 degrees 29 minutes West 175.0 feet to the easterly line of Indian Neck Lane; thence along said eaterly line of Indian Neck Lane, North 11 degrees 42 minutes 50 seconds West 50.0 feet to the point or place of beginning. Containing 33,520 square feet. It is understood and agreed by and between the parties hereto that the purchase price of $7,000.00 as specified in paragraph 2 hereof is to be paid to the sellers as follows: The sum of $3, 500.00 to John Pontino and Joseph Pont/no; and the sum of $3,500.00 to Richard A. Kull. I. This side includes all fight, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to thc center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lien thereof and [n ~lnd to any nnpaid award for damage to said prenffses by reason of change of grade of any street; and the $clle[ will execute and deliver to the purchaser, on closing of title, or thereafter, On demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. 2. The price is. Seven Thousana and no/100 ($7, 000.00) ......................... Dollars, payable as follows: Seven Thousand and no/100 ($7,000.00) ..................................... 'Dullam, in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided; ; title subject to a mortgage now a lien on said premises in that amount per cent per annum, the principal being due and payable by the purchaser secured by a purchase acknowledging and delivering to the mortgage on the-above of the seller, a note lyable per annum payable interest at the rate of per cent On~t Clau~, 8 if the pros~ i~ not in the City oJ Now York C1~4 9 is mu~11y the is not in the City New York the stand~rd forms of New York Board of 'l'itle he seller at the expense of the purchaser, If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed'a ~oper cartiFgate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to th9 pay the fees for recording such certificate. ~oulG U',e mortgagee De a Oink Of otner IIISLILklLIU Itl* .o Real Property Law, the mortg,'~ee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or employee, or agent, containing the information required to be set f.o..rth in said certificate. Seller represents that such mortgage will not be in default at or ns a result of the delivery of the deed hereunder and that neither said mortgage,nor any modification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the delivery of the deed hereunder. 6. ,Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. An3~ state of facts an accurate survey or personal inspection o£ the premises may reveal, provided the same does not render title unmarketable. 7. All notes or notices ofviulations of law or municipal ordinances, orders or reqeirements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the pur- chaser with an authorization to make the necessary searches therefor. · 10. The following are to 1~ apportioned: . lltll~:a~~~~~) Taxes lhlflT~rr.l~s, if any, on the blsis of the l~lel~¢ar for which 11. If the closing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basi~ of the tax rate for th~ next preceding year applied to the latest assessed valuation. 3. Any bond or note and mortgage to Underwriters for mortgages of like shall be drawn by who shall also pay the mortgage r tax and recording fees. 4. It' such : is to be a subordinate mortgage on the I l shall be subject and subordinate to the Ii of the existing mortgage of S , any exten- sions thereof and to or consolidated mortgage which may be and to any that the interest rate thereof shall not be greater per annum a , that, if the principal amount thereof shall excee.d, the.amount of existing~ t the time of placing such new mortgage or consohdateG mortgage, me such ~ :y mortgagein reduction of the principal thereof. Such purchase money mortgaga = Mso,~Lovide that m~aymem ~ the holder thereof shall not alter or affect ~.e. regular installments, if any, of principal Payable t~nd~ /~d ~ further provide that the hold.er there~o.f will: on d. em~n. d .a.n. cl..without charg~ therefor~ execute, acknowled~.,~ deliv~ any agreement or I Urther to enectuare such su~ormnauon. . 0 'r 12,. If.there be a' water melll~n the premises, the seller shal[ furnish a readi~,~g to a date not more than thirty days prior to the time herein set for clos~ll~title and the unfixed meter charge and the ~f-~ed sewer rent, if any, based thereon for ~. ~,~ in~t~rvening time shall be apportioned on the basis of such last reading. M~' ' ., 'i ~' 13. The deed shall be the usual Bargain and'Sale with Covenant against Grantor's Acts dee~ in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the pur- chaser the fee simple of the said premises~ free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section. 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording officer of the county in Which the deed is to bi recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certified check to the order of the appropriate officer for any other tax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and thc purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate officer promptly after the closing of title. 16. The seller shall give and thc purchaser shall accept a title such as any title company doing business in Suffolk County , a Member of the New York Board of Title Underwriters, will approve and insure. 17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said prem- ises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the purchaser under this contract. 18. All fixtures and articles of persunal property attached or appurtenant toor used in connection with said premises are represented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating, lighting and cooking fixtures, air conditioning fixturesand units, range.s, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary. 19. The amount of any unpaid taxes, assessments, water charges and sewer rents which ~the seller is obligated to pay and discharge, with the interest and penalities thereon to a date not less than two business days after the date of closing title, may at the option 0f tile seller be allowed to the purchaser out of tile balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. 20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and dis- charge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided tile seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made arrangements with the title company employed by tile purchaser in advance of closing, selle{ will deposit with said company sufficient monies, acceptable to and required by it to inffure obtaining and tile recording of such satisfactions and tile issuance of title insurance to the purchaser either free of any such liens and encumbranses, or with insurance against enforcement of same out of tile insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at tile closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the fore- going requirements. 21. If a search of the title discloses judgments, hankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bankruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to rtfund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 23. The deed shall be delivered upon the receipt of said payments at the office of Robert W. Tusker, 425 Main Street, Greenport, N.Y. at o'clockon October 12, 19 78 24. The parties agree that no broker brought about this sale 25. It is understoodandagreedthatallunderstandings and agreementsheretofore had b~tween the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relyingupon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to take title "as is" and in their present condition and subject to reasonable use, wear, tear, and natural deteriora- tion between the date thereof and the closing of title. 26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind th~ heirs, executors, administrators, successors and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser'* shall be construed as if it read "sellers" or "purchasers" wherever the sense of this agreement so~.sequires. IN WITNESS WHEREOF, this agreement has been duly executed by the l~arties hereto/ In presence of: TOWN OF SOUTHOLD Y d/~/.g/~,// '// ///~x~-~'Y~.~(.~. ~ /]'3o~'~el~h P0ntino - Supervisor' ~ ~/- - Richard A. Kull S~'AT~O F ~NE~f'YOI~I K, COUNTY OF On the "~ d[yof 19, , before personally came to me known to be the individual descn~oed in and who ex- ecuted the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19, , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he Imows the seal of said corporation; that the seal affixed to said instru- ment is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. On the day o~' personally came 19 , before me to me known .to be the individual described in and who ex- ecuted the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 personally came to me known and known to me to be a partner in , before me a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19. , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of'the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Puwhase~ JOHN PONTINO, JOSEPH PONTINO and RICHARD A. KULL TO TOWN OF SOUTHOLD RECEIVED SEP ! 978 Town ~,'~"~ SECTION BLOCK LOT COUNTY OR TOWN pREMI$~ Recorded at Request of I/cUFE TITLE INSURANCE Coml~any of New York RETURN BY MAIL TO Standard Form of New York Soard of Title Underwriters Distributed by I~.'[IFE TITLE INSURANCE Company of New Y(xk THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements ~fecting the property. When there is a water meter on the premises, he should order it read, and bring bills thergfor to the closing. I f there are mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph 5 of this contract. He should furnish to the purchaser a full list of tenants, giving the names, r_enX paid by each, and date to which the rent has been paid. . The PURCHASER should be prepared with cash or certified check drawn to the order of the seller. The check may be certified for an approximate arno,ant and cash may be ~ovided. for the balance of the settlement. I YO o o , November 19, 1'978 Members of the SoutholdTo~ Dear Board Members: Town Board NOV Z 0 ]978 'I am writing and encleslng information regardin~ Number 9 on your agenda, Resolution re: Pontino-Kull Prooertv. The resolution will in some form request your approval of fun~e to purchase this property for drainage the money to come from the 1978 Revenue Sharing Funds. There are objections to the purchase expressed intended use: of this property for the . .- environmental. I hope that (1) The most important objection is the board members receiving this information on Monday, November 20th, 1978 will be able~ to look at the property before the meeting on Tuesday. ~faile the enclosed map indicates the tmeadow' starts some four hundred feet from the road in fact the ~meadow' comes Mo to Indian Neck in some senses. There is also a very real question of whether or not this ~meadow' is in fact a wetland. It runs from whereever it starts near Indian Neck Lane to the creek (Richmond Creek). If you v~nt to see its meeting point drive do%,~ Indian Neck Lane past the farms. As you enter the wooded ~% area to your left is a dirt road called Wood Lane. Drive do~ it and turn to your left. There you can see from Richmond Creek to the road. Nearing in mind tb~t it is i~. Dean's intent to pipe the Vmter from the road to the 'meadow' for seepage at that point, and bearing in mind that much of the run-off will contain fertalizer and pesticides from the area farming and, of-course, winter salt and car residue, it seems to me that this resolution should be denied and a~ alternative method of drainage found or things left the way they now are. If this is not convincing I recommend to you the tory's Wetland Ordinance and its provisions for studies and requirements ~e holding a public haaring. Also, the Environmental Quality Review Act effctive November l, 1978. Let me repeat that Richmond Creek is an important ~terway. It should be loved and cared for. (2) I e~close also a rou~ht sketch of the Po~tino approved subdivision East Hill's I which is across the streeet from this proposed drainage area and this information which may have not been before the Board. Just below the intersection of Leslie~s and Indian Neck is a flooding point which will also be part of this drainage 'solution' F~. ~rtoccia mentioned that due to lack of Town Laws the Briarcliff Sod ~aople have filled an area of this land where Indian Neck Omce drained. This land_un~il suite recent!y_~s alos Pontino land. To a large degree the ~onDino s are respons~o±e for their o~n and the road's problems. I honestly cannot see why they should be paid for any solution and I certainly hppe that no matter what solution or lack of one is found it will not be that which is proposed for approval at your November 21st meeting. Sincerely, ,RECEIVED ATTnRNEY AT LAW January 11, 1979 Ms. Judith Terry, Town Clerk Town Hall Main Road Southold, New York Dear Judy: Re: Purchase of Drainage Area East Side of Indian Neck Lane, Peconic from Kull and Pontino As you know, the town acquired a drainage ar ea located on the east side of Indian Neck Lane, Peconic from John and Joseph Pontino and Richard A. Kull, and relative thereto I enclose herewith the following: 1. Deed dated December 15, 1978 from John and Joseph Pontino and Richard A. Kull to the Town of Southold, which deed was recorded in the Suffolk County Clerk's Of- fice On December 27, 1978 in Liber 8556 of Deeds at Page 131. 2. Title insurance policy #78-52-22388 issued by U. S. Life Title Insurance Company to the Town of Southold covering the premises in question. 3. Survey map of Otto W. Van Tuyl dated September 28, 1978. These documents should be filed in your office. In order that I may have a record for my files will you please acknowledge receipt of the enclosed documents by signing and returning to me a copy of this letter which is enclosed for that purpose. RWT :fae Enc. CONSULT YOUR LAWYER BEI-v, ER SIONINO THIS INSTRUMINT--THIS INSTBUMINT SHOULD ER USB) BY ~ ONLY. ' THIS I~DENTURE, made the day of December, -;- _e~w-, h--dred amd seventy-eight BETWEjN JOHN PONTINO, residing at (no number) Indian Neck Lane, Peconic, Tow~n of Southold,.~New ~ .Grk; JOSEPH PONTINO, residing at (no number) Indian NecE Lane, Peconic, To~ of Southold, New York; and RICHARD A. KULL, residing at (no number) Indian Neck Lane, Peconic, ToWn of Southold, New York, Imrty of the first ~ add T ~(~N OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office and place of business at 53095 Main Street, Southold, Town of Southold, New York, DIST. pa~ of ~ ~a~ci 1~% · WITNESSETH, that ~be ~ o! the first pGrt, in consider~'da~ ot Ten Do~ ~nd other 'q~d-~,e ce~- sideratiom imld by the party of th~ ~ p~. do~ ~ ~ ~nd ~ unto t~ lJtt~ o! the ~ecood I~, ~e heir~ or m~e~orA ~d ~ of the party for the ~ Md~' toze~f, .. ALL ~at. certain pl, e~ piece or parcel of land, with the buiMimam ~ .~bw~m_ _m tlc. rem erec~l, situate, lying ~ I~,g {m~lm[ af Peconic, Town of Southo-ld; County of Suffolk and State of New York,. bounded and described as follows: SEC BLOCK BEGINNING at a point on the easterly side of Indian Neck Lane distant 55.73 feet southerly from the southerly line of land of Joseph Pontino; ru~i thence South 84 degrees 29 minutes East 175.0 feet; thence North 81 degrees 51 minutes 50 seconds East 282.57 feet; thence South 8 degrees 22 minutes 30 seconds East 74.84 feet; thence South 81 degrees 51 minute@: 50 seconds West 278.21 feet; thence North 84 degrees 29 minutes West 175.0 feet to the easterly side of Indian Neck Lane; thence along the easterly side of I~l'}tian Neck Lane North 11 degrees 42 minutes 50 seconds ~West 75.0 feet to the point or place of beginning. LOT TO HAVE AND TO HOLD tl~ l~,,,~ h~q~a gra~ed or succenora ~,,,~ ~Sm of ~ ~ of the secmd AND the ~ of the ~ ~ ia ..C~ml~.l~' .W~h..Sectkm 13 of the .I,~. Lo, w, ~aWinsJts ~J: .t~ pm't7 of IN Wrl'NESS WIfEREOIi, the' Lc!~'t7 of' the f~l'l~ 'pa,-t above ~ttm. Richard A. Kull u 8558 i32 STATE OF NEW YORK, COUNTY OF SUFFOLK On the/.~/da¥ of December, 19 78, bdore me pe~on~ll¥ came JOHN PONTINO and JOSEPH PONTINO to meknown to be the individual &scribed In and who executed the~otegoineinsttumeat, and scknowle~eclthae they m~cu~l the sem~ ~ - Notary Public ROS~KT W. NOTARY PUBLIC, State of New Yolk ~ County No. Term ~pires March 30, STATE OF NEW YORK, COUNTY OF m Ont~e cTa¥ of 19 , bdore me p~son,ll¥ came m ~o~,who,~g~ ~d~y~m,~d~and , ~ ~n ~ rgatn anlt B.b JOHN PONTINO ~ s JOSEPH PONTINO RICHARD A. KULI; TOWN OF SOUTHOLD Standard Form of New York Board of Title Under%~titers Di.ribumd by U,,'UF~ TITLE INSURANCE Company of New York STATE OF NEW YORK, COUNTY OF SUFFOLK On tbe/~=;~ ,aay of December,19 78, bdote me letsonally came RICHARD A. KULL to me iatowa to be t~e l~clt~Mud d.cribed in ~mi who executed the foregol~glmtmmeat, ensL~rknowledeed t~t he executed the same./ff. ~ Notary Public NOTARY PUBLIC, State of New York ~felk County No. ~2-3~372E' Term Expires March 30, ~ STATE OF NEW YORK, COUNTY OF On the a'.y of 19 , Bdo~e me pet~n~ll7 c~me the su~ib~ ~ m ~ f~ ~ ~ whom I m ~y ~,,-1~. ~ ~ by ~d~y ~~~y ~t he~ st No. ~t ~ ~o~ Recorded By: TITLE INSURANCE Company of New York Robert W~; :Tasker, Esq; 425 ~aifi:Street Greemport~ New York 11944 e M 127 East Main St., Riverhead, L.I., New York 11901 - Phone: (516) 727-2315 January 9~ 1979 Mr. Albert Martocchia~ Supervisor Town of Southold Town Hall Main Road Southold~ NY 11971 Dear Mr. Martocchia: In reference to your inquiry of the surface water drainage off Indian Neck Lane and adjoining property, in the Town of Southold~ I have found that the area is a natural drainage channel. Thie is evident on the 1956 topographic map of Southold quadrangle~ pub- lished by the U.~. Geological Survey and was verified on December 19, 1978 in the field by myself. If we can be of any other help~ please feel free to call. $inCerely~ Thomas J. McMahon District Technician JUDITH T. TERRY TO~,~ CLERK [~.EGISTRAR OF VITAL STATISTICS OF TOWH OF $OUT~O£D SUFFOLK. COUNTY Southold, L. I., N. Y. i 1971 TELEPHONE (5t6) 765-1801 November 29, 1978 New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 Gentlemen: In accordance with Article 8 of the Environmental Conservation Law, the Southold Town Board made the following determination with relation to a parcel of property they propose to purchase in Peconic, New York= h~iEREAS, the Town of Southold proposes to purchase a parcel of vacant land on the east side of Indian Neck Lane near its intersection with Leslie's Road comprising an area of 33.520 square feet from John and Joseph Pontino and Richard A. Kull to be used by the Town of Southold for highway surface water drainage, and ~IEP~A$, the Environmental Quality Review Law of the Town of Southold as contained in Chapter 44 of the Code of the Town of Southold and Article 8 of the Environmental Conservation Law and ~he rules promulgated thereunder require that when a town agency proposes to take an action which may have a significant affect on the environment that such agency make a determination as to the environ- mental significance of such action. Albany, New York NOW, THEREFORE IT IS HEREBY DETERMINED AS FOLLO$%~: That the acquisition by =he Town of Southold of the land hereinbefore described and the use of said land for highway drainage ~urposes will not have a signif- icant affect on the environment. IT IS RESOLVED, that the Town Clerk be and she hereby is directed.to circulaue =his determLnatlo in the manner required by the applicable laws and rules and regulations. DATED: November 21, Z978. Town Board, Town'of Southold. The lead agency is the Town Board of the Town of Southold whose telephone number is 765-1800, and Supervisor Albert M. Martocchia can provide further information. Very truly yours, Judith T. Terry Town Clerk cc: Supervisor Martocchia Highway Superintendent Dean OFFICE OF TO'.YI~ CLERK .-,- TO v,,/OF sou-r i6LD SOFOLK coLr rr¥ $outhold, L. l., N. Y. 11971 TELEPHONE (516) 765-1801 November 29, 1978 New York State Department of Environmental Conservation Building %40, State University of Stony~Brook, New York 11794 New York Gentlemen= In accordance with Article 8 of the Environmental Conservation Law, the Southold Town Board made the following determination with relation to a parcel of property they propose to purchase in Peconic, New York= WHEREAS, the Town of Southold proposes to purchase a parcel of vacant land on the east side of Indian Neck Lane near its intersection with Leslie's Road comprising an area of 33.520 square feet from G~hn and Joseph Pontino and Richard A. Ku11 to be used by the Town of Southold for highway surface water drainage, and WHEREAS, the Environmental Quality Review Law of the Town of Southold as contained in Chapter 44 of the Code of the Town of Southold and Article 8 of the Environmental Conservation Law and the rules promulgated thereunder require ~hat when a town agency proposes to take an action which may have a significant affect on the environment that such agency make a determination as'to the environ- mental significance of such action. · Page 2 - N.Y.S. Dep f Environmental Conserv on Stony Brook, New York NOW, THEREFOR~ IT IS HEREBY DETERMIneD AS FOLLOW~: That the acquisition by the Town of Southold of the land hereinbefore described and the use of said land for highway drainage purposes will not have a signif- icant affect on the environment. IT IS RESOLVED ,that the Town Clerk be and she hereby is directed to circulate this determination in the manner required by the applicable laws and rules and regulations. DATED: November 21, 1978. Town Board, Town Of Southold. The lead agency is the Town Board of ~he Town of Southold whose telephone number is 765-1800, and Supervisor Albert M. Martocchia can provide further information. Very truly yours, Judith T. Terry Town Clerk cc: Supervisor Martocchia Highway Superintendent Dean DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WHEREAS, the Town of Southold proposes to purchase a parcel of vacant land on the east side of Indian Neck Lane near its intersection with Leslie's Road comprising an area of 33,520 square feet from John and Joseph Pontino and Richard A. Kull to be used by the Town of Southold for highway surface water drainage, and WHEREAS, the Environmental Quality Review Law of the Town of Southold as contained in Chapter 44 of the Code of the Town of Southold and Article 8 of the Environmental Conservation Law and the rules promulgated thereunder require that when a town agency proposes to take an action which may have a significant affect on the environment that such agency make a determination as to the environmental significance of such action. NOW, THEREFORE, IT IS HEREBY DETERMINED AS FOLLOWS: That the acquisition by the Town of Southold of the land hereinbefore described and the use of said land for highway drainage purposes will not have a significant affect on the environment. IT IS RESOLVED that the Town Clerk be and she hereby is directed to circulate this determination in the manner required by the applicable laws and rules and regulations. · O O RESOLVED, that the Town of Southold purchase premises hereinafter described and located on the east side of Indian Neck Lane conta£nin~ 33,520 square feet of land from John Pontino, Joseph Pontino and Richard A. Kull for the sum of $7,000; said real property being described as follows: ALL that certain parcel or plot of land situate, lying and being at Peconic in the Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as followsl BEGINNING at' a point on the east line of Indian Neck Lane where said line is intersected by the boundary line between land of John Pontino and Joseph Pontino and land of R/chard A. Kull; from said point of beginning running thence along said east llne of Indian Neck Lane, North 11° 42~ 50" West, 25.0 feet; thence through said land of Pontino three courses. (1) South 84 29 East, 175.0 feet; (2) North 81° 51t 50" East, 282.57 feet; (3) South 08° 22~ 30" East 49.52 feet to the northeast corner of said land of Richard A. Kull; thence along the boundary line between said land of Richard A. Kull and land of Mary Kull, South 08° 22~ 30" East 25.32 fe~t; thence through said lands of Richard A. Kull ~wo courses: (1) South 81-51~ West, 278.21 feet; (2) North 84° 29t West, 175.0 feet to said east line of Indian Neck Lane; thence along said east line of Indian Neck Lane, North 11° 42~ 50" West, 50.0 feet to the point or place of beginning. Containing 33,520 square feet. FURTHER RESOLVED, that said purchase b~ in accordance with a contract to be approved by the Town Attorney, and that the Supervisor be and he hereby is authorized and directed to execute any and all documents for the purchase of said land. At a meeting of the Town Board held on the 12th day of April. 1962, Y~[EREAS. the Superintendent of Highways of the Town of $outhold has advised the Town Board that a serious flooding condition exists on Tuckers Lane at Southold and recommends that land be acquired on the east side of Tuckers Lane for the purpose of constructing a leaching basin to drain surface water on Tuckers Lane. and '~{EIiEA$, the Superintendent of H/ghways has also advised the Town Board that he has consulted w/th the Donahue fam/ly0 the owners of the property on the east side of Tuckers Lane and said owners will convey the parcel of land hereinafter described to the Town of Southold for the sum of $1,500.00, NOW, THEI~EF©ilE, BE IT ~tES©LVED, that the Supervisor of the Town of Southcld be and he hereby is authorized and directed to enter /nto a contract and to purchase the property hereinafter described from the present owners for the ~um of $i, 500.00o said real property being described as follows: ALL that plot, piece or parcel of land situate. lying and being at Southoldo in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of Tucker Lane 300 feet southerly alon~ said line from land now or formerly of Zigmund Hel/nski and runn/ng thence along other land now or formerly of Donahue three co~rses, as follows: (1) North 55 degrees 00 minutes 00 seconds East 149. 91 feet; thence (2) South 35 degrees 00 minutes 00 seconds East 100 feet; thence (3) South 55 degrees 00 minutes 00 seconds West 149. 81 feet to the easterly line of said Tucker Lane; thence along said easterly 1/ne North 35 degrees 00 minutes 00 seconds West 100 feet to the point of beginning. RESOLUTION PURCHASE OF PROPERTY AT TUCKERS LANE, SOUTHOLD, FOR HIGHWAY DRAINAGE Dated: April 12, 1962 TOWN 0/~ ,SOUTT-/OLD ,c~E C ON/C, tV, , L "LIFE -I LI INSORANCE Companyof Ne' ork Policy of Title Insurance IN CONSIDERATION OF the payment of its charges for the examination of title and its premium for insurance, insures the within named insu red against all loss or damage not exceeding the a mount 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 un- marketability of the title of the insured to or in the premises, or by reason of liens or incumbrances 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 lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances 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 WHEREOF, USLIFE TITLE Insurance Company of New York has caused this policy to be signed and sealed on its date of issue set forth herein. President ATTEST: Secretary Validating Officer or Age~'t ~/~// Name of Insured TOWNOF SOUTHOLD The estate or interest insured by this policy is vested in the insured by means of D E E D Recorded '12/27/78 po,icy No. 78'52--22588 Amount of $7,000 · 00 Insurance '12/'1.5/78 Date of Issue 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 following estates, interests, defects, objection to title, liens and incumbrances and other matters are excepted from the coverages 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 enforcement of any governmental war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any violation thereof. 4. Judgments against th e in su red or estates, interests, defects, objections, liens or incumbrances crested, suffered, assumed or agreed to, by or with the privity of the insured. 5. Title to any prope rW beyo nd the lin es of the premises, or title to areas within or rights or essements in any abutting streets, roads, avenues, lanes, ways or wstenvays, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy egectficchy provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless othewvise excepted, insure~ the ordinary rights of access and egress belonging to abutting o~ers. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. SURVEY by Roderick Van Tuyl, dated 9/28/78 shows a gutter; no encroachments or variations. Company excepts any state of facts a survey or ~nspection of the premises made since 9/28/78 might show. POSSIBLE unpaid water charges. '1978/79 Town, County and School Tax. SCHEDULE A (Description) ALLthatce~ainplot, pie~ orparml ~land, withthebuildin~ andimprovemen~thereonemc~d, situate, lyingand ~ing at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Indian Neck Lane distant 55.73 feet southerly from the southerly line of land of Joseph Pontino; running thence South thence North 81° 51' thence South 8° 22' thence South 81° 51' thence North 84° 29' Indian Neck Lane; 84° 29' East 175.0 feet; 50" East 282.57 feet; 30" East 74.84 feet; 50" West 278.21 feet; West 175.0 feet to the eastely side of thence along the easterly side of Indian Neck Lane North 11° 42' 50" West 75.0 feet to the point or place of beginning. Conditio. ns of this Policy If the cost of the improvement exceeds twenty per centum 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 amount of this policy and the amount expended for the improvement. The foregoing provisions sh all not apply to costs a nd st/orneys' fees i ncu rred by the company in prosecuting or providing for the defense of actions or proceedings in behalf of the insu red pursuant to the terms of this policy or to costs imposed on the insured in such actions or proceeding, 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-insu rance provisions shall not apply to any loss arising out of a lien or incumbrance for a liquidated amount which existed on th e date of th is policy and was not shown in Sch edu le D; and provided further, such co-insurance provisions shall not apply to any )oss if, at the time of the occu rre nce 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, indeperdent 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 subsequent to the date of this policy. (c) C~auses "(al" and "(b)" of this section apply to mortgage policies only affer the insured shall have acquired the interest of the mortgagor. (d) If, at the time liability for any loss shall have been fixed pursuant to the conditions of this policy, the Insured holds another policy of insurance covering the sameloss issued by another company, this company shall not be liable to the insured for a greater proportion of the toss than the amount that this policy bears to the whole amount of insurance held by the insu red, unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or insurers. 7. Assignment of Policy If the interest i nsu red bY this policy is that of a mortg ag ee, this policy may be assigned to a nd sha~l enure to the benefit of successive assignees of the mortgage without consent of this corn party o r its endorsement of this policy. Provision is mad e in the rate ma nual of New York Boa rd of Title Underwriters filed with the Superintendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance 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 liability for the sufficiency of any proceedings after the date of this policy. 8. Subrogation (al This company shall to the extent of any payment by it of loss under this policy, be subrogated to ail 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 isa mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of theobligor 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 llen of the mortgage insured, However, the liability of this company under this policy shall in no event be increased by any such act of the insured. 9. Misrepresm~tation Any untrue statement made by the insured, with respect to any material fact or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. 10. No Waiver of Conditions This company ma'/take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive an'/provision of this policy, 11. 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 bring ag ainst this company in respect of other services rendered in connection with th e issuance of th is policy, sh all be deemed to h ave merged in and be restricted to its terms and conditions. 12. Validation and Modification This policy is valid only when duly slg ned by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents. L '[IFE TITLE INSURANCE Company of New York New York State Offices Albany County 90 State Street, Albany 12207 518472-9161 Bronx County 2488 Grand Concourse, Bronx 10458 212 292-5200 Kings County 185 Montague Street, Brooklyn, 11201 212 5224)777 212 425-8010 Nassau County 170 Jericho Turnpike, Floral Park 11~O1 516354-8500 212347-2010 New York County 125 Maiden Lane, New York 10038 212425-8010 90-15 Sutphln Boulevard, Jamaica 11435 212 739-4001 RJohmond County 7 Hyatt Street, St. George, S.I. 10301 212 422-2700 Ro~zland County 20 South Main Street, New City 10956 914634-3612 212292-1528 SulfMk Couaty 127 W. Main Street, Riverheed 11901 5167274-140 212962-1445 W~tch#ter County 235 Main Street, White Plains 10601 914 948-4040 212 824~404 , ".- TITb;JNSURANCE Company of New York Policy of Title Insurance 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 descri[~ed in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of marketability of the title of the insured to or in the premises, or by reason of liens or incumbrances 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 lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth in Schedule B, orby 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 WHEREOF, USLIFE TITLE Insurance Company of New York has caused this policy to be signed and sealed on its date of issue set forth herein. Pre$ident~ ATTEST: Secretary Name of lnsured TOWN OF SOUTHOLD The estate or interest insured by this policy is vested in the insured by means of D g E D recorded 10/12/78 Po,icy No. 78-52-22072 Amountof $2,000.00 insurance Date of Issue 9/19/78 S~:hedule 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 Ti~e following estates, interests, defects, objection to title, liens and incumbrances and other matters are excepted from the coverages of this policy: 1. Defects and incumbrances arising or becoming a lien after the date of this policy, except as here~n provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any violation thereof. 4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the insured. 5. Title to any property beyond thelines of the premises,or title to areas within or rights or easernents in any abutting strests, roeds,avenues, lanes,ways or wsterways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless othen~se excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or ot)lerwise. SURVEY by Young and Young, dated 9/20/78 shows premises as vacant land; no encroachments or variations. Company excepts any state of facts a survey or inspection of the premises nmde since 9/20/78 might show. RIGHTS of tenants or persons in possession, if any. POSSIBLE unpaid water charges. 'i', ReP°~13 (;1/74) · O SCHEDULE A (Description) ALL thatce~ain plot, piece or parcel of land, with the buildings and improvementsthe~on erected, situate, lyingand ~ing at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly line of the land of John J. Walters, which point is the following courses and dis- tances from a monument set at the intersection of the northeast- erly line of Duck Pond Road with the northwesterly line of oregon Road; 1) North 39° 00' 00" West along the northeasterly line of Duck Pond Road 238.00 feet; 2) North 4.9° 44' 40" East along the northwesterly line of the land of Antone Haurus, 168.11 feet; 3) North, 39° 00' 00" West along the southwesterly line of the land of John J. Walters, 23.85 feet; 4) North 49" 44' 40" East along the northwesterly line of the land of John J. Walters, 131.96 feet; and running thence from said point of beginning northwesterly, northeasterly, again northwesterly and again northeasterly along the land of the parties of the first part the following courses and distances: 1) North 39° 00' 2) North 51° 00' 00" West 269.69 feet; 00" East 143.50 feet; 3)~North 40° 27' 25" West 275.08 feet; 4) North 51° 0Q' 00" East 20.01 feet to the land of Joseph Zuhoski and Peter Zuhoski; thence South 40° 27' 25" EaSt along the land of Joseph Zuhoski and Peter Zuhoski, 541.02 feet to the land of Antone Haurus; Thence South 49° 44' 40" West along the lands of Antone Haurus and of John J. Walters 170.31 feet to the point or place of beginning. continued- DESCRIPTION continued-- TOGETHER with a twenty (20) foot easement for laying and maintaining a storm sewer and for ingress and egress to the above described parcel of land, the center line thereof described as follows: BEGINNING at a point on the northeasterly line of Duck Pond Road, which point is North 39° 00' 00" West 388.00 feet from a monument set at the intersection of the northeasterly line of Duck Pond Road with the northwesterly line of Oregon Road and running thence North 51° 00' 00" East 300.00 feet to a point in the southwesterly line of the above described parcel of land. I. "].IFE TIT'S'E,, , INSURANCE Company of New,~k' "., .: Endorsement Attached to end made a part of USLIFE TITLE INSURANCE Company of New York Policy No, 78-52-22072 TO'~,~ O:F GCUTHOL:D ~id policy is hereby amended as follows: To delete the following: Company excepts any state of facts a survey or inspec- tiom of the premises made since 9/20/78 might show. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of theterms and provisions of the policy and priorendorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. Signed and seated this 29th day of January ,19 79 By President Agent Nat. 4 (1074) Conditions of this Policy ~f the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion onry of any partial loss established shall be borne by the company as one hundred twenty per centum of the amount of this policy bee rs to the sum amount of this policy and the amount expended for th e improvement. The foregoing provisions shall not apply to costs and attorneys' fees i ncu rrad by the compa ny in prosecuting or providing for the defense of actions or proceedings in behalf of the i nsu red pu rsu ant to the terms of this pollcy or to costs imposed on the insu red in such actions or proceeding, 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, th at the foregoing co-insure nce provisions sh all not apply to any loss a rising out of a lien or incumbrance for a liquidated amount wflich existed on the date of this policy a nd was not shown in Schedule D; and provided further, such co-insurance provisions sbell not apply to any loss if, 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 th e premises are divisible into separate, independent pa rcers, and a loss is established affecting one or more but not all of said parceis, the loss shall be computed a nd 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 subsequent to the date of this policy. (c) Clauses "(a}" and "(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 liability for any loss shall have been fixefi pursuant to the conditions of this policy,the insured holds annther policy of insurance covering the sameloes issued by another company, this company shall not be l iepleto the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount ~f insurance held by the insu red, unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or 7. Assignment of Policy If the interest insu red by this policy ia that of a mortgagee, this policy may be assigned to end shall enu re to the benefit of successive 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 Boa rd of Tide Underwriters filed with the Superintendent of Insurance of the State of New York on behalf of this and other member companles for continuation of liepilby to grantees of the insured in certain spec;ftc circumstances only. In no circu mstance provided for in this section shall this company be deemed to have insu red the sufficiency of th e form of th e assignment or other instrument of transfer or conveyance or to have assumed any liab0ity for the sufficiency of any proceedings after the date of this policy. 8. Subrogation (al This company shall to the extent of any payment by it of loss under this poJicy, be subrogeted 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 sha~l be subordinate to any remaining interest of the insured. (b) Iftheinsured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personalliabilityof the obligor or guarantor or from releasing a portion of th e premises from the lien of the mortgage or from increaslng or otherwise modifying the insu red mortgage provided such acts do not affect the validity or priority of th e lien of the mortgage i nsu red. However, the liability of this company under this policy shall in no event be increased by a ny such act of th e insured. 9. Misra~reseatation ~ny untrue statement made by the insu red, with respect to a ny material fact or any suppression of or fairu re to dlsclose a ny mater a fact, or any u ntru · answer by the insured, to material inquiries before the issuance of this poJicy, shall void this policy. 10. No Waiver of Conditione This company m ay take any appropriate action u rider 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. 11. Policy Entire Contract All actions or proceedings agaln st this compa ny must be based on the provisions of this policy. Any other action or actions or rights of action that the i nsu red 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. Validation and Modification This policy is valid only when duly sig ned by e validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the i nstru ments creating the nsured nterest is later than the policy date, such po cy aha also cover intervening liens or incumbrances, except real estate taxes, assessments, water L ,IFE TITLE INSURANCE Company of NewYork New York State Offices Albany County 90 State Street, Albany 12207 518472-9161 Bronx County 2488 Grand Con~ourse, Bronx 10458 212 292-5200 Kinga County 185 Montegue Street, Brooklyn, 11201 212 522-0777 212 425.8010 Na~au County 170 Jericho Turnpike, Floral Park 11001 516 354-8500 212 347-2010 New York County 125 Maiden Lane, NewYork 10038 212425-8010 Queens County 95-15 Sutphin Boulevard, Jamaica 11435 212 739-4001 ifiehmo~d County 350 St. Marks Place, St. George, S.I. 10301 212442-2700 Rock]and County 20 South Main Street, New City 10956 914 634-3612 212 292-1528 Suffolk County 127 W. Main Street, Riverheed 11901 516 727-4140 212 962-1445 Westeheste~ County 235 Main Street, White Plains 10601 914 948-4040 212 8244)404 N.Y.B.T.U. Form No. ?00D JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE · (516) 765-1801 July 23, 1980 Honorable Arthur J..Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear ~Ir. Felice: · Transmitted herewith for filing in your office is deed from~to the Town of Southold. Enclosed herewith is check in the amount of $10.00 to cover the filing fees. Very truly yours, Judith T. T~rry Town Clerk Enclosure / / / / SURVEY FOR A T Cu~'~:~OC~-~-- TOWN OF SUFFOLK-COUNTY, NEW YORK · K, UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY.tS A VIOLATION OF SECTION ?209 OF THE NEW YORK STATE EDUCATION LAW, # COP~ES OF THIS SURVEY NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT SE CONSIDERED TO BE A VALID~'RRUE COPY #GUARANTEES iNDiCATED HEREON~SRALL BUN ONLY TO YOUNG ~ YOUNG 400 OSTRANDER AVENUE RIVERHEAD , NEW YORK ALDEN~YOUNG, PROFESSIONAL ENGINEER AND LANDSURVEYORN~S. LICENSE NO. 12845 HOWARD ~ YOUNG,LAND SURVEYOR N~S. LICENSE NO. 4589S TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of COUNTRY CLUB ESTATES, for the Laying Out of New Highways in Cutchogue, Town of Southold, Suffolk County, New York, to be known as: COUNTRY CLUB DRIVE, and DRAINAGE EASEMENT and DRAINAGE AREA, ORDER LA YIN( OUT THE HIGH~'. WAYS WITH TH~, CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Town Superinten- dent of Highways for the Town of Southold, Suffolk County, New York, for the laying out of Town Highways in the said Town of Southold, by COUNTRY CLLrB i ESTATES, liable to be assessed for highways taxes in the said Town, and a dedication and release from damage having been executed, acknowledged and delivered by the owner of the land through which the proposed highways are proposed to be laid out, a copy of which is annexed hereto and nothing having been paid to any claim for such damages: NOW THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the town highways and drainage easement and drainage area are hereby laid out at Cutchogue in the Town of Southold, as follows: 1. The highway is known as COUNTRY CLUB DRIVE, as shown and designated on a certain map entitled, "Country Club Estates" and filed in the Office of the Clerk of the County of Suffolk on October 17, 1978, as Map Number 6736, together with all of the right, title and interest of Country Club Estates, of, in aod to the 12 foot DRAINAGE AREAS abutting Country Club Drive and Linden Avenue all shown on said Map No. 6737,. 2. The DRAINAGE EASEMENT located between Lots 21 and 22 and the - 1