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HomeMy WebLinkAboutGULL POND LANE In the Matter : of the : Laying out of a certain town highway:: in the Town of Southold, Suffolk : County, New York, to be known as : GULL POND LANE : ORDER LAYING OUT TO¥~N HIGHWAY Application having been duly made for the laying out of a town highway in the Town of Southold, County of Suffolk and State of New York, to be known as "Gull Pond Lane", said proposed high- way being more fully described in said application and herein- after, and a dedication and release from the owners of the lands through which said highway is proposed to be opened having been given, NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, County of Suffolk and State of New York, do hereby determine and order that a town highway shall be, and the same hereby is laid out in said Town as follows: All that certain plot, piece or parcel of land situate, lying and being near the Village of Greenport, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: Beginning a~ a monument set on the southerly line of North Road 500.00 feet easterly along said line from the northeasterly corner of land of Sterling Cemetery; running thence along the southerly line of said North Road, North 66 degrees O1 minutes 20 seconds East 50.00 feet to a monu- ment; thence through land of Ruth F. Preston, Ida Belle Latham and Robert L. Muir, six courses, as follows: (i) South 23 degrees 58 to a monument; thence (2) South 61 degrees 29 to a monument; thence (3) South 68 degrees 19 to a monument; thence (~) SoUth 43 degrees O0 to a monument; thence (5) South 13 degrees 00 minutes O0 to a monument; thence (6) SoUth 22 degrees O0 minutes O0 to a monument at the northwesterly minutes 40 minutes 10 minutes O0 minutes O0 seconds seconds seconds seconds seconds East 460.00 feet East 226.58 feet East 320.23 feet East 307.90 feet East 156.85 feet seconds East 201.96 feet corner of land now or for- land of Ubbens, South 30 merly of Ubbens; thence along said degrees O0 minutes O0 seconds East 100.00 feet to a monument; thence along other land of said Ruth F. Preston, Ida Belle Latham and Robert L. Muir 11 courses as follows: {1) South thence (2) North 60 3) South 30 (~1 South 60 North 30 thence (6) North 22 thence (7) North 13 thence (8) North 43 thence (9) North thence 30 degrees O0 minutes OO seconds East 125 feet; degrees OOminutes degrees OO minutes degrees OO minutes degrees OOminutes degrees OO minutes East 50 feet; thence East 100 feet; thence West 100 feet; thence , OO seConds West 328.50 feet; O0 seconds West 209.39 feet; degrees O0 minutes degrees O0 minutes O0 seconds West 147.39 feet; O0 seconds West 283.26 feet; 68 degrees 19 minutes OO seconds West 311.99 feet; degrees 29 minutes 10 seconds West 246.54 feet; (10) North 61 thence (ll) North 23 degrees 58 minutes 40 seconds West 476.97 feet to a monument set on the southerly side of North Road and the point or place of beginning. The above described proposed highway being comprised of a striP of land of a uniform width of 50 feet from North Road southerly to the point 125 feet southerly from land now or formerly of Ubbens, thence widening to about 100 feet in width at Gull Pond. Dated: TOwn Superintendent of HighwayS -2- In the Matter of the Laying out of a certain town high- way in the Town of Southold, Suf- : folk County, New York, to be known : as GULLPOND LANE. : X CONSENT OF TOWN BOARD TO PROPOSED TOWN HIGH- WAY UPON READING AND FILING the application of Ruth F. Preston, Ida Belle Latham and Robert L. Muir, dated and acknowledged the /~/day of ~~¢r- 1961, and the dedication and release of Ruth F. Preston, Ida Belle Latham and Robert L. Muir, dated the /~day of ~/ew,~ 1961, and duly acknowledged, dedicat- ing and releasing the necessary land for a proposed town highway to extend from the southerly line of New York State Route 25 and to pass through the lands of the said Ruth F. Preston, Ida Belle Latham and Robert L. Muir, to the high water mark of Gull Pond, said proposed highway being described as follows: · All that certain plot, piece or parcel of land situate, lying and being near the Village of Greenport, i~ the Town of Southold, Suffolk County, New York, more partmcularly bounded and described as follows: Beginning at a monument set on the southerly line of North Road 500.00 feet easterly along said line from the northeasterly corner of land.of Sterling Cemetery; running thenc® along the southerly hne of said North Road, North 66 degrees O1 minutes 20 seconds East 50.00 feet to a monu- ment; thence through land of Ruth F. Preston, Ida Belle Latham and Robert L. Muir, six courses, as follows: (1) South 23 degrees 58 to a monument; thence (2) South 61 degrees 29 to a monument; thence (3) South 68 degrees 19 to a monument; thence (~) South ~3 degrees O0 minutes O0 to a monument; thence (5) South 13 degrees O0 minutes 00 minutes 40 seconds East $60.00 feet seconds East 226.58 feet minutes 10 minutes OO to a monument; thence (6) South 22 degrees O0 minutes O0 to a monument at the northwesterly merly of Ubbens; thence along said degrees O0 minutes O0 seconds East 100.OO feet to a monument; thence along other land of said Ruth F. Preston, Ida Belle Latham and Robert L. Muir ll courses as follows: seconds East 320.23 feet seconds East 307.90 feet seconds East 156.85 feet seconds East 201.96 feet corner of land now or for- land of Ubbens, South 30 (1) South 30 thence (21 North 60 ( 3 South 3 0 (41 South 60 (5 North 30 feet; thence (6) North 22 feet; thence (7) North 13 feet; thence (8) North 43 feet; thence (9) North 68 feet; thence (10) North 61 degrees degrees degrees degrees degrees degrees degrees degrees degrees degrees 00 minutes O0 minutes OOminutes O0 minutes OOminutes O0 minutes O0 minutes O0 minutes 19 mimutes 29 minutes O0 seconds East 125 feet; East 50 feet; thence East 100 feet; thence West 100 feet; thence O0 seconds West 328.50 00 seconds West 209.39 O0 seconds West 147.39 O0 seconds West 283.26 O0 seconds West 311.99 10 seconds West 246.54 ~ee~; thence 11) North 23 degrees 58 minutes 40 seconds West 476.97 feet to a monument set on the southerly side of North Road and the point or place of beginning. The above described proposed highway being comprised of a strip of land of a uniform width of 50 feet from North ROad southerly to the point 125 feet southerly from land now or formerly of Ubbens, thence widening to about 100 feet in width at Gull Pond. RESOLVED that, in accordance with the provisions of Section 171 of the Highway Law of the State of New York, consent be and the same hereby is given that the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, make an order laying out the aforesaid town highway, the said town highway to consist of the lands described in the said dedication and release and to extend as delineated upon the map hereto annexed, and it is further RESOLVED, that the Town Clerk be and he hereby is directed to forthwith cause such release to be recorded in the Office of the Clerk of the County of Suffolk and, upon its return, to attach it hereto. TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, YOaK B~ -f -Supervi~~ off the Peace Towa Counc:l.l~aan Laying out of a certain town high- : way in the Town of Southold, Suf- : folk County, New York, to be : known as Gull Pond Lane. : DEDICATION AND RELEASE WHEREAS, application has been made to the Town Superintendent of Highways of the Town of Southold, County of Suffolk and State of New York, for the laying out of a certain town highway near the Village of Greenport, in said Town, to be known as "Gull Pond Lane", and to pass through the lands of Ruth F. Preston, Ida Belle LathamandRobert L. Muir, the undersigned NOW, T~EREFORE, the said Ruth F. Preston, Ida Belle Latham and Robert L. Muir, all residing in the Town aforesaid and owners of lands to be included within the said highway, do hereby dedi- cate, release and convey to the said Town of Southold, for highway purposes, the following lands, to wit: Ail that certain plot, piece or parcel of land situate, lying and being near the Village of Greenport, in the Town of Southold, Suffolk CountY, New York, more particularly bounded and described as follows: Beginning at a monument set on the southerly line of North Road 500.00 feet easterly along said line from the northeasterly corner of land of Sterling Cemetery; ~ning thence along the southerly line of said North Road, North 66 degrees O1 minutes 20 seconds. East 50.00 feet to a monu- ment; thence through land of Ruth F. Preston, Ida Belle Latham and Robert L. Muir, six courses, as follows: (i) South 23 degrees 58 to a monument; thence (2) South 61 degrees 29 to a monument; thence (3) SoUth 68 degrees 19 to a monument; thence (4) South 43 degrees O0 to a monument; thence (5) south 13 degrees O0 minutes &O minutes 10 minutes OO minutes O0 minutes O0 to a monument; thence (6) South 22 degrees OOminutes O0 to a monument at the northwesterly merly of Ubbens; thence along said degrees OO minutes O0 seconds East 100.00 feet to a monument; thence along other land of said Ruth F. Preston, Ida Belle Latham and Robert L. Muir 11 courses as follows: seconds East $60.00 feet seconds East 226.58 feet seconds East 320.23 feet seconds East 307.90 feet seconds East 156.85 feet seconds East 201.96 feet corner of land now or for~ land of Ubbens, South 30 (1) South 30 degrees OO minutes O0 seconds East 125 feet; ~hence 2) North.~;Odegrees O0 minutes East 50 feet; thence South North 30 feet; thence {6) North 22 ~eet; thence 7) North 13 feet; thence {8) North ~+3 feet; thence feet; thence {10) North 61 degree s degrees degrees OOminutes East 100 feet; thence O0 minutes West 100 feet; thence O0 minutes O0 seconds West 328.50 degrees 00 minutes OO seconds West 209.39 degrees degrees OO minutes O0 seconds West 157.39 O0 minutes O0 seconds West 283.26 degrees 19 minutes OO seconds West 311.99 degrees 29 minutes 10 seconds West feet; thence (11) North 23 degrees 58 minutes $0 seconds West $76,97 feet to a monument set on the southerly side of North Road and the point or place of beginning. The above described proposed highway being comprised of a strip of land of a uniform width of 50 feet from North Road southerly to the point 125 feet southerly from land now orformerly of Ubbens, thence widening to about 100 feet in width at Gull Pond. AND WE DO CERTIFY that the considerations paid to the under- signed for this dedication and conveyance was the sum of One Dollar. IN WITNESS ~REOF, we, the undersigned, have hereunto affixed our hands and seals this/~day of -~/e,-~e~/ 1961· - -RSbert L, Mui~rTM STATE OF NE~YORK) SS: COUNTY OF SUFFOLK) On this/2~day of ~-~eO 1961, before me personally came RUTH F. PRESTON, IDA BELLE LATHAMand ROBERT L. MUIR, to me known and known to me to be the individuals described in and who executed the foregoing instrument, ah~ acknowledged to me that the executed the same. RECORDED APR. I~ 1963 NORMAN E. qtLIPP Clerk of Suffolk Cou_nt~. 'Not, dry Public / MARGARET A. YOUNG NOTARY PUBLIC, State of New York S~ffelk County No. 52-97'/6895 SMITH, T_ASKEI~, i~Ilt'KI!ILSTI~Illt' ~ LUNDBERG April 18, 1963 Hon. Albert W. Richmond Clerk of the Town of Southold Southoldo New York Re: Dedication of Gull Pond Lane at Greenport, New York Dear Sir: Enclosed herewith is the original application to lay out highway, consent of Town Board to proposed town highway, order laying out town highway and Title Guarantee Company title policy No. 1234658 naming the Town of Southold as the insured in the amount of $2,000 dated September 12, 1961. The dedication and release has been sent to the County Clerk for recording and when returned will be forwarded to you. In order that I may have a record for my files, will you please acknowledge receipt of the above items by signing and returning to me the blue copy of this letter enclosed for that purpose. Yours very truly, ROBERT W, TASKER RW T: MY Enclosures ~MTTH~ TASSELS, i~IN~ELSTEIN AND LUND~ERO ATTO~N~Y$ AND CO~[YNS~LOR$ AT LAW April 19, 1963 Hon. albert W. Richmond Town Clerk Main Road Southold, New York Re: Dedication of Gull Pond Lane Dear Sir: Enclosed herewith is Dedication and Release exe- cuted by Ruth F. Preston, Ida Belle Latham and Robert L. Muir relative to Gull Pond Lane, which Dedication and Release was recorded in the Suffolk County Clerk's office on April 15, 1963 in Liber 5333 of Deeds at Page 350. All other papers relative to this dedication, as well as the title insurance policy, have previously been sent to you. In order that I may have a record for my files, will you please acknowledge receipt of the enclosed Re- lease by signing and returning to me the blue copy of this letter enclosed for that purpose. Yours very jiruly, ROI~ERT W. TASKER RWT:SM Enc, TITLE INSLIR N o POLICY THE TITLE GUARANTEE COMPANY ~tl ~OHSibCt°a~iOH Of the payment of its charges for the examination of title and its premium for insurance, insures the with/n 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 reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of a lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, 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. has caused this policy to be signed and sealed on its date of issue set forth herein. or Agent Executive Vice-President ~etion 1 DI~INITIONS (a) Wherever the term "insured" is used in this policy it includes tho~e who succeed to the interest of the insured by operation of law including, without limitation, heirs, distributees, devisees, survivors, personal representatives, next of kin or corporate successors, as the case may be, and tho~e 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. (c) Wherever the term "final determination" or "fuhally 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 de~ribed in Schedule A of this policy including such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which property it~sured herein lies. ~h~eflon 2 DEFENSE AND PROSECUTION OF SUIT~ (a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of titie or incumbrance not excepted in this policy. (b) This company shall have the fight and may, at its own cost, maintain or defend any action or proceeding relating to the tide or inter~t hereby insured, or upon or under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all cases where this .policy requires or permits this company to prosecute or defend, the ~eaured shall secure to it the right and opportunity to maintain or defend the action or proceeding, and all appeah from any determination therein, and give it all reasonable ale therein, and hereby permits it to use therein, at its option, its own ~ame or the name of the insured. (d) The provisions of this section shall survive payment by this company of any specific loss or payment of the entire amount of this policy to the extent that this company shall deem it neces~ry in recovering the loss from those who may be liable therefor to the insured or to this company. ~ion 8 CASES WHERE LIABILITY ARISES No claim for damages shaft ar~ or be maintainable under this policy except in the following cases: (a) Where there has been a final determination under which the insu~l may be disp~sea~d, evicted or ejected from the premises or from some part or undivided share or inter~t therein. (b) Where there has been a final determination adverse to the tide, upon a lien or incumbrance not excepted in this policy. (c) Where the insured shall have contracted in good faith in writing to sefi the insured estate or interest, or where the insured estate has been ~old for the benefit of the insured pursuant to the judgment or order of a court and the 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 the title. (d) Where the insurance is upon the interest ora mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior lien or incumbrance not excepted in this policy; or where a recording officer has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final deter- ruination sustaining the refusal because of a defect in the title to the said mortgage. (e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and the titie shall have been rejected by the proposed lender and it shall have been finally determined that the rejection of the title was justified because of a defect or incumbrance not excepted in this policy. (f) Where thc insured shall have transferred thc title insured by an instrument containing covenants in regard to titie or warcanty thereof and there shall have been a final determination on any of such cove- nants or warranty, against the insured, because ora 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 entitied to a full award for the estate or interest taken because of a defect or incumbrance not excepted in this policy. No dalm 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~umed by the insured in settling any claim or suit without the written consent of this company. 19eet~on 4 NOTICE OF CLAIM In ca~ a purchaser or propped mortgage lender rals~ any question as to the sufficiency of the titie 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 ~mpugn, attack or call in question the validity of the titie hereby insured, the insured shall promptiy notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons, proom or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, procem 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 losz, all statutory costs and allowancez 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 1o~ or dama~ this company (I) ~erves the right to settle, at its own cost, any cl°aim 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, demand a valua- tion of the imured 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 ~mpany, and the two thus chosen selecting an umpire. Such valua- ~on, less the amount of any incombrances on said insured estate and inter~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 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 imured estate or interest to this company or its deaignce at such valuation, dimirfished 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 pro~cuting actions or proceedings in behalf of the insured and for statutory co~ts and allow- an .c~. im.pozed or~ the insured in such actions and proceedings, and (2) ff the insured rs 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 lorn or darn%oe, shall be payable within thirty days thereafter. N~rne of Insured I~olic~ N~. 'Y~34658 TOWN OF SOUTHOLD The esfefe or interest insured by this policy is from Ruth F. Muir, Amount of Insurance $ 2~000o00 D~fe oflssue 9/12/61 fee simple vested in the insured by means of deed Preston, Ida Belle Latham & Robert L. dated 9/12/61 recorded 4/15/63. SCHEDULE B the following estates, interests, defects, objections to title, liens end incumbrances and other matters are excepted from the coverage of this policy: I. Defects end incumbrances arising or becoming a llen after the date of or fha right fo malnfaln therein vaults, tunnels, ramps or any other struc- this policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over fha premises. Zoning restrictions or ordinances imposed by any governmental body. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed fo, by or with the priv]ty of the insured. 5. Title to any property beyond the lines of the premises or to +he land in any streets, roads, avenues, lanes or ways on which the premises abut, ture, or improvement or any rights or easements therein unless this policy specifically provides that such lends, righft/~r easements are insured; ex- cept that if the premises abut upon a physcally open street or highway, this policy, unless otherwise excepted, nsures the ordinary rights of access and egress belonging fo abuff ng owners 6. Compliance by the buildings or other erections Upon the prern ses or tnheeni~e..U, se with Federal, State and tdunlclpal laws, regulations and ordi- 7. Title to any personal property whether the same be affached to or used in connection with said premises or otherwise. A. Rights of tenants, if any. B. Any state of facts an inspection of the premises misht show C. Survey by Otto W. Van Tuyl & Son dated ll/lO/61 shows gull pond lane. No variations. SCHEDULE "B" OF THIS POLICY CONSISTS OF ~ SHE[T(S). · , ~ol;¢9 NO. 12346.58 SCHEDULE A The premises in which the insured has the estate or in~eresf covered by th~ ALL that certain plot, piece or parcel of land situate, lying and being near the Village of Greenport, in the Town of Southold, Suffolk County, New York, more particularly bounded and des- cribed as follows:- BEGINNING at a monument set on the southerly line of North Road 500.00 feet easterly along said line from the northeasterly cor- ner of land of Sterling Cemetery; RUNNING THENCE along the southerly line of said NDrth Road, North 66 degrees O1 minutes 20 seconds East 50.00 feet to a monument; THENCE through land of Ruth F. Preston, Ida Belle Latham and Robert L Muir, six courses, as follows:- (1) South 23 degrees a monument; thence (2) South 61 degrees a monument; thence (3) South 68 degrees amonument, thence (4) South 43 degrees a monument; thence (5) South 13 degrees a monument; thence (6) South 22 degrees a monument of Ubbens; 58 minutes 40 seconds East 460.00 feet to 29 minutes 10 seconds East 226.58 feet to 19 minutes O0 seconds East 320.23 feet to O0 minutes O0 seconds East 30?.90 feet to O0 minutes O0 seconds East 156.85 feet to O0 minutes O0 seconds East 201.96 feet.to at the northwesterly corner of land now or formerly THENCE along said land of Ubbens, South 30 degrees O0 minutes O0 seconds East lO0.O0 feet to a monument; THENCE along other land of said Ruth F. Preston, Ida Belle Latham and Robert L. Muir ll courses as follows: North 60 degrees O0 minutes South 30 degrees O0 minutes South 60 degrees O0 minutes North 30 degrees O0 minutes North 22 degrees 00 minutes N°rth 13 degrees O0 minutes North 43 degrees O0 minutes North 68 degrees 19 minutes North 61 degrees 29 minutes O0 seconds East 125 feet; thence East 50 feet; thence East 100 feet; thence W~st 100 feet, thence O0 seconds West 328.50 feet, thence O0 seconds West 209.39 feet, thence O0 seconds West 147.39 feet, thence O0 seconds West 283.26 feet, thence O0 seconds West 311.99 feet, thence l0 seconds West 246.54 feet, thence ' roe * e:e, .~,ma ,THE. TITTLE GUHRANTEE COMP~JF2' ' .._ · ?o1~¢~ N~. ' · 123~658' SCHEDULE A The premises in which the insured has the estate or interest covered by this policy -2- (11) North 23 degrees 58 minutes 40 seconds West 476.97 feet to a monument set on the southerly side of North Road and the point or place of beginning. The above described prposed highway being comprised of a strip of land of a uniform width of 50 feet from North Road southerly to the point 125 feet southerly from land now or formerly of Ubbens, thence widening to about 100 feet in wid~hh at Gull Pond. Section S COINSURANCE AND APPORTIONMENT (a) In the event that a partial It,s occurs after the insured maizes an improvement sul~equent to the date of this policy, and only in that event, the insured becomes a coinsurer to the extent hereinafter set forth. If the co~t of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial 1o~ e~tab- lisbed shall be borne by the compahy as one hundred twenty per centum of the amount Of this policy bears to the sum Of thc amount of this policy and the amount expended for the improvement. The fore- going provision~ shall not apply to cmts and attorneys' fees incurred by thc company in prosecuting or providing for the defense of actions or proceedings in behalf of the insured pursuant to the terms of this policy or to co,ts imp~ed on the insured in such actions or proceed- ings, and shall apply only to that portion of lc~ses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing coinsurance provisions shall not apply to any 1o~ arising out of a lien or incumbrance for a liquidated amount which existed on the date of this policy and was not shown in ~chednle B; and provided further, such coinsurance provisions shall not apply to any lc~ if, at the time of the occurrence of such 1~, the then value of the premlse~ as ~o improved, doe~ not exceed one hundred twenty per centum of the amount of this policy. (b) If thc premises are divisible into separate, independent parcels, and a 1o~ is established affecting one or more but not all of said parcels, the lc~ shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said ~eparate, independent parcels, exclusive of improvements made sul~equent to thc 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 l~ shall have been fixed pur- suant to the conditions of this policy, the imured holds another policy of insurance covering the same lo~ i~ued by another company, this company shall not be liable to the imured for a greater proportion of the lo~s than the amount that this policy bears to the whole amount of insurance held by the imured, unle~ another method of ap. portioning the loss shall have bccn provided by agreement between this company and thc other imurcr or insurers. 8eotlon ? ASSIGNMENT OF POLICY If the interest insured by this policy is that of a mortgagee, this policy may be a~igned to and shah inure to the benefit of succe~ive a~ignee~ of the mortgage without consent of this company or it~ en- dor~ment of this policy. Provi~on is made in the rate manual of New York Board of Title Underwriters filed with the Superintendent of Imura~ce 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 az~ignment or other instru- ment of transfer or conveyance or to have a~umed any liability for the sufficiency of any proceedings after the date of this policy. Section 8 SUBROGATION (a) This company shall to thc extent of any payment by it of 1o~ under this policy, be subrogated to all rights of the invared 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 ohiigor or guarantor or from releasing a portion of the premises from the lien of thc mortgage or from increasing or othcrwi~ modify- ing the insured mortgage provided such ac~ do not affect the validity or priority of the lien of thc mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. 8ectton 9 MISREPRESE~FrATION 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. Snotion 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 n& thereby concede liability or waive any provision of this policy. Section l! POLICY EN'rlI~E CONTRACT All actions or proceedings against this c~mpany must be based on the provisions of this policy. Any other action or actions or tights of action that the insured may have or may bring against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms and conditions. Seeflon 12 VALmATION 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 shah also cover intervening liens or incumbrances, except real estate taxes, a~essments, water charges and sewer rents. ENDORSEMENTS A Valuable Document Insurance IO©IoI~f THE TITLE GUARANTEE COMP:d.~Y Title Insurance Throughout N~ YORK, NEW JERSEY, CONNECTICOT, MASSACHUSETTS, ~N~ N~ ~HIRE V~O~ ~D G~EG~ H~D 0~1~ 176 BRO~DW~ .& In the Matter : of the : : Laying out of a certain town highway : in the Town of Southold, Suffolk : County. New York, to be known as GULL : POND LANE. : APPLICATION TO LAY OUT TOWN HIGHWAY TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK AND STATE OF NEW YORK: The undersigned, inhabitants of the Town of Southold, liable to be assessed for highway taxes therein, hereby apply to you to lay out a highway near the Village of Greenport in the Town of Southold to be known as "Gull Pond Lane" and fully hereinafter described, which proposed highway will pass through the lands of the undersigned, Ruth F. Preston, Ida Belle Latham and Robert L. Muir, who consent to the laying of said highway. Said proposed highway being described as follows: All that certain plot, piece or parcel of land situate, lying and being near the Village of Greenport, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: Beginning at a monument set on the southerly line of North Road 500.00 feet easterly along said line from the north- easterly corner of land of Sterling Cemetery;~ thence North along the southerly tine of said North Road, runnvo , . degrees O1 minutes 20 seconds East~ 50.00 feet to a monument; thence through land of Ruth F. Preston, Ida Belle Latham and Robert L. Muir, six courses, as follows: (1) South 23 degrees 58 to a monument; thence (2) South 61 degrees 29 to a monument; thence (3) South 68 degrees 19 to a monument~ethence (~) South ~3 grees OO minutes $0 seconds East $60.00 feet minutes 10 seconds East 226.58 feet minutes OO seconds East 320.23 feet minutes OO seconds East 307.90 feet to a monument; thence (5) SoUth 13 degrees O0 minutes OO seconds East 156.85 feet to a monument; thence (6) South 22 degrees O0 minutes O0 seconds East 201.96 feet to a monument at the northwesterly corner of land now or for- merly of Ubbens; thence along said land of Ubbens, South 30 degrees O0 minutes O0 seconds East 100.00 feet to a monument; thence along other land of said Ruth F. Preston, Ida Belle Lath~ and Robert L. Muir 11 courses as follows: (11 South 30 degrees O0 minutes OO seconds East 125 feet; thence (2 North 60 degrees O0 minutes East 50 feet; thence (3/ South 30 degrees O0 minutes East 100 feet; thence ($) South 60 degrees (5) North 30 degrees feet; thence (6) North 22 degrees feet; thence (7) North 13 degrees feet; thence (8) North $3 de~rees O0 minutes West 100 feet; thence O0 minutes O0 seconds West 328.~0 O0 minutes O0 seconds West 209.39 OO minutes O0 seconds West 157.39 OO minutes O0 seconds West 283.26 feet; thence (9) North 68 de~rees 19 minutes O0 seconds West 31~.99 feet; thence (10) North 61 de~rees 29 minutes 10 seconds West '~.55 feet; thence (11) North 23 degrees 58 m~nutes $0 seconds West $76.97 feet to a monument set on the southerly side of North Road and the point or place of beginning. The abOve described proposed highway being comprised of a strip of lmnd of a uniform width of 50 feet from North ROad southerly t° the point 125 feet southerly from land now or formerly of Ubbens, thence widening to about 100 feet in width at Gull Pond. Hereunto annexed and made a part hereof, is a certain map prepared by Otto W. Van Tuyl and Son, Licensed Land Surveyors, Greenport, New York, dated A~gn~ I,, 1961 entitled "Map of Pro- posed Highway to be known as Gull Pond Lane over land of Ruth Preston and Others at Greenport, Town of Southold, Suffolk County, New York", which said map shows the course of the said proposed highway. Dated: -~'~,~.v /~/~/ r Applicants -2- ~TA'I~ OF ~ YORK) OF sonally came RUTI~ F. PRESell, ~)A BELLE L~THA~ and ROBERT L. IEUIR, ~o me kno~ and known to me to be ~he individuals des- cr~bed ~n and Yho .exec~,ed ~he fore~a~ instrument, and aek- no~ledsed to me that ~hey executed the same. In the ~tter : of the : : Laying out of a certain tc~ : higher,ay in the Town of South- : old, Suffolk County, New York,: to be known as Gull Pond Lane.: : CONSENT OF TO'~I{ 60~qD TO PROPOSED TOWN HIGhly'fAY In ~he ~iatter : of the : : Lay~ out of a certain to~n : h~hway ~ th~ To~ of ~outh- : old, S~folk Cowry, ~w York,: ~o be knoE as G~l Pond Lane.: : ORDER LAYING OUT TO'J~ HIGPd~'AY In the ~atter of the Laying out of a certain town highway in the Town of Southold, Suffolk County, New York, to be known as Gull Pond Lane. DEDICATION AND RELEASE In the Matter : of the : : Laying out of a certain : town highway in the ~wn : of Southotd, Suffolk County,: New York, to be known as : Gull Pond Lane. : APPLICATION TO LAY OUT TO~'~ HIG~¥AY 0 ~' C;' .o /~ /(3..9/=1 # L