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HomeMy WebLinkAboutJERNICK LANEDEDICATION AND BMT,WASE OF LANDS FOR TO~N HIGH~AY In the Matter of the Layi~g out of a certain tow~ highway in the Town of Southold, County of Suffolk and State of New York. X ~EREAS, application has been duly made to the Town Superintendent of Highways of the Town of Southold, in SuffoLk County, New York, for the laying out of a certain town highway to extend from Horton Lane, a town highway, southwesterly to land of Henry Jenningc thence from a point therein northwesterly to the southeasterly side of Sound View Avenue, extending through laud of Southold Builders, Inc., and Clement W. Booth, all ac shown on a certain m&plattached hereto showing the courses of said proposed highways NOW, T~g~EFORE, the said Southold Bui~ era, Inc,~a corp- oration organized mmder and existing by virtue of the stock corporation law of the State of New York, having itc principal office at 22 BaTview Avenue, Mamhascett, New York, amd Clement W. Booth residing at Mt. Beulah Avenue, ~uthold, New York, the owners of the land to be included within the said highway do hereby dedicate, releace and convey to the said Town of South- old for highway purposes, the following land, to wit: Parcel One All those certain streets, roads or lanes, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known amd designated aa Jemni~ga Road amd part of Booth Road. BEGINNING at a point en the southwesterly side of Norton O0 Lane distant 75~.50 feet southeasterly from the corner fomaed by the interaeotion of the southwesterly side of Norton Lane wi~h the southeasterly side of Sound ViewAvenue and whioh point of beginning is also distant southeasterly 202.62 feet along the said southwesterl2 line of Herren Lane from apoint where the smne is intersected by the southeasterly side of land now of Clement W. Booth; from said point of beginning r,mning the following eight (8) courses and distances: (1) South 48 degrees, 25 m~nutes O0'seconds west V65.85 feet to a monument and land of Jenn~ngs; (2) North $5 degrees, 15 minutes ~0 seoonds west a distance of 50'$i feet along said land of Jennings to a monmaent; ($) North 4~ degrees 25 minutes 00 seoonds east a distance of 150 ~eet along lan~ of Southold Builders, Inc. to a monument; ~ (4) North $5 degrees 15 minutes ~0 seoonds west a distance of 15?.lA feet along land of Southold Bui~ers, Inc. to land of (5) North 48 degrees 5~ minutes 40 seconds east a distance of 50.26 feet along land of Booth; (6) South $5 degrees 15 minutes ~0 seconds east a distance of 156~?~ feet along land of Southold Builders, Inc. to a monument; (?) North 48 degrees 25 minutes O~ seconds east a distance of ~$4.~5 feet along land of Southold Builde~s, Inc. to a monument on the southwesterl~ side of Horton Lane~ (S) South 47 donees 48 m/nutes O0 seconds east a d~stanco of 50.$0 feet along s~d southwesterly side of Horton Lane to a monument and the point of BEGINNING. Parcel Two All that certain plot, piece or parcel of land situate, l~lng and being at ~outhold, Town of 8outhold, Cou~ of Suffolk and State of New York, bounded and described as follows=- BEGINNING at a point marked by a monument on the south- easterly side of Sound View Avenue distant southwesterly 480 feet from the intersection of the said southeasterly line of Sound View Avenue with the southwesterly side of Norton Lane; from said point of beginning running the foAmowing six (~) courses and distances: (~) 3curb 47 degrees 4~ minutes O0 seconds east feet along ~aud cf CAement W. Booth and E. K~amer to a point; (2) ~outh ~5 degrees £$ minutes ~0 seconds east a distance of ~V0.$2 feet to xand of Southold Bui£ders, Inc., which point is aZso the northwesterly terminus of the northeasterly side of Booth Road as described in Parcel One above; (3) South 48 degrees $3 minutes 40 seconds west a distance of 50.26 feet a~ong land of Southoid BuiAders, Inc. to a point, which point is amsc the northwester±y terminus of the north- wester£y side of Booth Road as described in Parce~ One above; (4) North ~5 degrees 15 minutes ~0 seconds west a distance of ~VO.4§ feet a£ong land of C~maent W. Booth to a monunent; (5) North 4V degrees 48 minutes O0 seconds west a distance of ~23.~6 feet aAong &and of C£ement W. Booth and A. Garcia to a monument on the southeaster£y side of Sound View Avenue; (8) North A2 degrees 5Z minutes O0 seconds east a distance of 50.00 feet a~ong the said southeasterly side of Sound View Avenue to a monument and the pasco of BEGINNING. The above two parcezs of described £and comprise a road feet wide at all points running from Norton Lane southwesterly to £and of Nenry Jennings thence from a point therein north- wester£y to the southeasterly side of Somnd View Avenue. The lands hereby dedicated, re£eased and conveyed are ape- 4 , 5249 33 cifically show~ and delineated upon the certain map which is hereto annexed and made a part hereof. AND WED0 0ERTIFY that the considerations paid to the undersigned for this dedication and conveyance, are the following, to wit: TO Bouthold Builders, Inc. the sum of One Dollar; to Clement W. Booth, the sum of One Dollar, hereby ae~wledged. IN ~ITNESB ~OF, executed 'and sealed this 8tare of New York)se. County of l~ffolk) ' receipt ef which is we have cansedt~se~re~ents to be Albert F. ~artin President Clement W. Booth On the /~'~ day of~~ 1962, before me personally came Clement--W.~ooth t~to be the individual described in and who executed the foregoing instru~ent, ~d ac~owle~ed ted the amc. (L.S.) County o~-~7/~_ v-~- /~ ~ On the ~_~.ay of~~___1962, before =.:person~ly F. c~e Albert M~tin ~e khan, who, being 5y me duly ,worn, he at No. 1~4 Jefferson Ave~e ~d depose ~d say tha resides Ros~ Heights, Mew Yo~k ~d tha~ he is ~he p~esident of Sou~ho~d Buixders, Inc. ~he c~rpo~ation described in ~d ~ieh executed ~he foregoing inst~ent; that he ~ows the se~ ef said corporation; that the ae~ affixed to said lnst~ent aucB co~orate seam; that it was so affixed b2 order of ~e bo~d of directors ~f said co~poratlon, and that he signed thereto by £ike order. LEFFERTS PAINE ED~ON NOTARY PUBLIC, Store of New YOrk Suffolk County No. 5:Z-107768~ OCT 18 1962 NORMAN E. KLIPP Clerk o~ Suffolk County CONSENT (}F TOWN BOARD TO PROPOSED TO~ HIGHWAY In the Matter of the Laying out efa certain town highway in the Town of Seuthold, County of Suffolk and State of New York X UPON ~J~DING AND FILING the application of Southold Builders, Inc. and Clemen~ W~'Booth, dated and acknowledged, ou~tho /~% 1962, and the dedication and release of Inc. md Clement W. Booth dated 2.~~ id Builders, 1962, and duly acU~oWledged, de~lcating and releasing the necessary lands for a proposed town highway to extend from Herren Lane, a town highway, southwesterly to land of Henry ~ennings thence from a point therein northwesterly to the' southeasterly side of Sound View Avenue, extending through land of Southold Builders, Inc., and Clement W. Booth, all as shown on'a certain map attached hereto showing the courses of said proposed highway; RESOLVED that, in accordance with the provisions of Section l?l-of'the Highway Law of the State of New York~ consent be and the eeae hereby is given that tho Town super- intendent of Highways of the Town of Southoid make an 0rder laying out the aforesaid town hSghway* the said ~own highway to consist of the lands described in the said dedication and release and to extend as de£ineate~ upon the map thereto annexed, and it is further RESOLVED, that the Town Clerk be and he hereby ie directed to forthwith cause such release to be recorded in the return, to attach it hereto* Dated, TOWN BOARD OF THE TOF~ OF SOUTHOLD COUNTY OF NEN YORK ~u~tice/f the Peace J~stic/e of t he ~e Town Councilman ORDER LAYING OUT HIGHWAY ON RELEASE FROM OWNERS In the Matter of the : Laying out of a certain town : highway in the Town of Southold, : County of Suffolk and State of : New York : Application having been duly made for the laying out of a town highway in the Town of Southold, Suffolk County, New York, extending from Horton Lane southwesterly to land of Henry Jen- nings, thence from a point therein northwesterly to the south- easterly side of Sound View Avenue, extending through land of Southold Builders, Inc., and Clement W. Booth and a dedication and release from the owners of the lands through which the high- way is proposed to be opened, having been given; NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, County of Suffolk, New York, do hereby deter- mine and order that a town highway shall be, and the same is hereby laid out in said Town as follows: All those certain streets, roads or lanes, situate, lying and being in the Town of Southold, County of ~uffolk and State of New York, known and designated as Jennings Road and Booth Road, sttu- abe, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Jennings Road and Booth Road situate at Southold, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as fol- lows: JENNINGS ROAD Beginning at a point on the southwesterly side of Horton Lane distant 753.50 feet southeasterly from the corner formed by the intersection of the southwesterly side of Horton Lane with the southeasterly side of Sound View Avenue and which point of be- ginning is also distant southeasterly 202.62 feet along the south- westerly line of Horton Lane from the point where the same is intersected by the southeasterly side of land now or formerly of Clement W. Booth; from said point of beginning running the follow- 'lng courses and distances: 1. South 48 degrees 25 minutes O0 seconds West 765.85 feet t( a monument and land of Jennings; 2. North 35 degrees 15 minutes 30 seconds West a distance of 50.31 feet along said land of Jennings to a monument; 3. North 48 degrees 25 minutes O0 seconds East 754.86 feet to a monument on the southwesterly side of Horton Lane; 4. South 47 degrees 48 minutes O0 seconds East a distance of 50.30 feet along said southwesterly side of Horton Lane to a monu- ment or the point or place of beginning. BOOTH ROAD Beginning at a monument on the southeasterly side of Sound View Avenue distant southwesterly 480 feet from the intersection of the southeasterly line of Sound View Avenue with the southwesterly ~ide of Horton Lane; from said point of beginning running the roi- .owing courses and distances: 1. South ~7 degrees 48 minutes O0 seconds East 328.90 feet along land of Clement W.~ Booth and E. Kramer to a point; 2. South 35 degrees 15 minutes 30 seconds East 327.55 feet to monument set on the northerly line of the above described Jennin oad; 3. Thence along said northerly line of Jennings Road South ~ degrees 25 minutes O0 seconds West 50.31 feet to a monument; 4. Thence North 35 degrees 15 minutes 30 seconds West 327.59 feet along land of Southold Builders, a monument; 5. North 47 degrees ~8 minutes 323.96 feet along land of Clement W. Inc. and Clement W. Booth, to 00 seconds West a distance of Booth and A. Garcia to a monu- ment on the southeasterly side of Sound View Avenue; 6. North ~2 degrees 51 minutes O0 seconds East a distance of O.00 feet along the said northeasterly side of Sound View Avenue -2- to a monument and the point or place of beginning. The above two parcels of described land comprise two roads, each 50 feet wide at all points. The above described Jennings Road running from Horton Lane southwesterly to land of Henry Jen- nings. The above described Booth Road running from Sound View Avenue southeasterly to the northerly line of the above described Jennings Road, all in compliance with the regulations of the Town of Southold in such matters. Dated, this 1962. Town ?f -SOuthold. Superintendent of Highways -3- CERTIFICATE OF TITLE DESCRIPTION ALL those certain streets, roads or lanes, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Jenni~gs Road and part of Booth Road, on a certain map entitled "Map of 0akridge Hills, situate at Southold, Town cf Southold, Suffolk County, New York" and filed in the office of the Clerk of the County of Suffolk on April 20, 1962 as Map No. 5555, more particularly bounded and described according to said map as follows:- BEGINNING at a point on the southwesterly side of Horton Lane distant 755.50' southeasterly from the corner for~ed by the intersection of the southwesterly side of Horton Lane with the southeasterly side of Sound View Avenue and which point of be- ginning is also distant southeasterly 202.82 feet along thc said southwesterly line of Horton Lane from a point where the same is intersected by the southeasterly side of land now of Clement W. Booth;. frmn said point of beginning running the following eight (8) courses and distances. (1) South 48 degrees, 25 minutes 00 seconds west 785.85 feet to a monument and land of Jennings; (2) North 55 degrees, 15 minutes 50 seconds west a distance of 50.51 feet along said land of Jennings to a monument; (5) North 48 degrees 25 minutes O0 seconds east a distance of 150 feet along land of Southold Builders, Inc. to a monument; (4) North 55 degrees 15 minutes 50 seconds west a distance of 157.14 feet along land of Southold Builders, Inc. to land of Booth (5) North 48 degrees 55 minutes 40 seconds east a distance of $0.26 feet along land of Booth; (8) South 55 degrees 15 minutes 50 seconds east a distance of 156.75 feet along land of Southold Builders, Inc. to a monument; (7) North 48 degrees 25 minutes O0 seconds east a distance of 554.55 feet along land of Southold Builders, Inc. to a monu- ment on the southwesterly side of Horton Lane; (S). South 47 degrees 48 minutes 00 seconds east a distance of 50.50 feet along said southwesterly side of Horton Lane to a monument and the point of BEGINNING. PARCEL TWO ALL that certain plot, piece or parcel of land situate, lying and being at Bouthold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows:- BEGINNING at a point marked by a monument on the southeasterl side of Sound View Avenue distant southwesterly 480 feet from the intersection of the said southeasterly line of ~ound View Avenue with the southwesterly side of Horton Lane; fr~n said point of beginning running the following six (8) courses and distances: (1) South 47 degrees 48 minutes 00 seconds east 528.90 feet along land of Clement W. Booth and E. Kramer to a point; (2) South 55 degrees 15 minutes 50 seconds east a distance of 170.82 feet to land of Southold Builders, Inc. w~ich point is also the northwesterly terminus of the northeasterly side of Booth Road as described in Parcel One above; (5) South 48 degrees 55 minutes 40 seconds west a distance of 50.26 feet along land of Southold Builders, Inc. to a point, which point is also the northwesterly terminus of the north- westerly side of Booth Road as described in Parcel One above; (4) North 55 degrees 15 minutes 30 seconds west a distance of 170.45 feet along land of Clement W. Booth to a monument; (5) North 47 degrees 48 minutes 00 seconds west a distance of 525.98 feet along land of Clement W. Booth and A. Oarcia to a monument on the southeasterly side of Sound View Avenue; (6) North 42 degrees 61 minutes 00 seconds east a distance of 60.00 feet along the said southeasterly side of Sound View Avenue to a monument and the place of BEGINNING. The above two parcels of described land comprise a road 60 feet wide at all points running from Horton Lane southwesterly to land of Henry Jennings thence fr~m a point therein northwesterly to the southeasterly side of Sound View Avenue. I do hereby certify that I have caused the title of the land hereinabove described to be searched. An abstract of the title of Parceh Two herein is attached hereto and hereby made a part hereof. A certification made by Home Title Guaranty i Company under its ~ S 3856V as to the title of the la~d described in Parcel One herein ia attached hereto and hereby made a part hereof. The respective searches reveal that Southold Builders, Inc. are the owners in fee simple of the land described in IParcel One hereinabove set forth and that Clement W. Booth is !the owner in fee simple of the land described in Parcel Two hereinabove. Both searches reveal that there are no liens of !record against the said parcels of real property and that both of the said grantors a~e able to convey the said parcels to the Town of Southold clear of all encumberances and defects. / APPLIOATION TO ~AY OUT A TOWN HIGHNAY In the Matter of the Laying ont of a certain tow~ high- way in the Town of Southoid, County of Suffolk and Stat~ of New York X TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF T~ TOWN OF SOUTHOLD, OF SO OU :' The undersigned, i~mabitants of the Tow~ cf Southoid, liable to be assessed for highway taxes therein, hereby apply to you to lay out a highway, to be known aa Jenninge Road a~d Booth Hoed, in said Town, described as follows:- Parcel One ~ING at a point on the southwesterly side of Horton Lane distant ?53.50 feet southeasterly from the corner formed by the intersection of the louthwesterly side of Horton Lane with the southeasterly side of Sound View Avenue and which point of beginning is allO distant sodtheasterly 202.62 feet along the said southwesterly line of Horton Lane from a point where the same is intersected by the southeasterly side of land new of Clement W. Booth; from s aid point of beginning ~,~lng the following eight (8) courses and distances= (1) South 48 degrees, 25 minutes 00 seconds west feet to a monument and land of Jennings; (~) North ~5 degrees, 15 minutes 30 seconds west a distance of 50.~1 feet along said land of Jennings to a monument;: (~) North 48 degrees 2~ mitres ~ seconds east a dietance / of 150 feet along land of South~ld Builders, Inc. to a monument; (%) North 35 degrees'IS ~inutes 30 seconds west a distance of 15V.14 feet along land of $outhold Builders, Inc. to land of Booth; · 0 0 0 0 · (5) North 4~ degrees ~ minutes ~0 seconds east a distanse of 50.26 feet aXong laxld of Booth;: of 256.~5 fleet a~ong land off Southold Bui£ders, [nc. to a menu- mont; of §54.55 North AS degrees 25 minutes 00 seconds east a distance fee~ along £and of So~tho£d Bui£dors, Zn¢o to a monu- ment on the southwesterly side of Herren Lane; (8) South 47 degrees 4Sm inures GO seconds east a distsmce of 50'30 feet along said southwesterly side of Herren Lane to a monmnent and the point of BEGINNING. Pa~co£ Two BEGZ'i~NING at a point ma~ked by a monument on the south- easter£y side of Sound View Avenue distm~t southwesterly 480 foot from tho inters~ction off the said southeasterly line of Sound View Avenue with the ~uthwesterly side of Horton Lams; from said point of beginning xmas_ninE the fol£owlnE six ~6) courses a~d distances~ (£) South 47 degrees 48mtnutos 00 seconds east Z28.90 foet eaong land of Cl~uent W. Booth and ~. K~a~er to a pointl (2) South 35 degreos £5 minutes ~0 seconds east a distance of £?0.82 fleet to £and of Southold Bui£ders, Inc., which point is aisc the northwester£y terminus of the northoaster£y sido of Booth ~oad as doscribod in Pa~ce£ One aboveI (5) South 48 degreos 5a minutes 40 seconds west a distance of 50~26 feet a£ong £and of Southo£d Bui£ders, Inc. to a point, which point is a£so the northwesterly terminus of tho north- westerly side of Booth ~oad as described in Pswoel One above; (4) North 55 degrees 15 minutes ~0 seconds west a distance of ~?0.45 feet along land of Clement W. Booth to a monumontI (5) No~th 4V degrees 48 minutes 00 seconds west a distance '., 0 0 0 0 ," of S2~.96 feet along land of Clement W. Booth an6 A. Garcia to a monmaent on the southeasterly side ef sound View Avenue; (6) Morth 42 degrees 51 minutes O0 seconds east a distance ef 50.05 feet along the said southeasterly side of Sound View Avenue to a monument and the place of BEGINNING. The above two parcels of described land'c~aprise a road 50 feet wide at ali points ~m~ng from Horton Lane southwesterly to land of Henry Jennings thence f~om a point t~erein north- westerly to the southeasterly side of Sound View Avenue. Hereto n~uexed and made a part hereof, is a certain map showing the course of the said pro~ose~Lghway.~j1: Dated, this /~ day of ._~_____.~, 1,~Z. State of New York) C~mty of Suffolk) On the /-~ day of Southold Buil~rs, Inc..~ Albert F; Marti~ P~esidemt 'Clement We Booth .~~_~1962, before me personally came ~lement W. Booth toe~kno~ to be the individual described in and who executed the foregoing instrument, and acknowledged that~e executed the same..---. ~ P^,~ ~oso~ State of New York ) On the /~'~day °fo~/'~~/~ekn~wn 1962, came Albert F. Martin t before me personally ., who, being by me duly sworn, did depose and say that he resides at No. 1~4 Jefferson Avenue Roslyn Heights, New York and that he is the president of Southold Builders, Inc. the corporation described in and which 0 0 0 0 executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said inetru~ent is such corporate seal; that it was so affixed by order of the Board of directors of said corporation, and that he eigned L 7400 57 DEDICATION Aw~ P~.~A.~E 0F LANE~ FOR TOWN HIGHWAI"J in the Matter of the Laying o~ of certain town highways in the Town of Southold, County of S~fo~ and State cf New York. WHEREAS, the undersigned owner of land situate, lying and being at Southold in the Town of Southold, County of Suffolk and State of New York, heretofore duly filed a certain map enti- tled "Nap of Harvest Homes Estates, Section One, Suuthold, Suffol] County, New York," which said map was prepared by Van Tuyl and Son from a survey completed December 16, 1968, and was thereafter and on July 18, 1969, filed in the Office of the Clerk of the County of Suffolk as Map No. 5337; and WHEREAS, the undersigned is the sole owner of Jerniek Lane, Harper Road West, Peck Place, the Drainage Area and that portion of Grigonis Path extending from its northerly terminus to its intersection with So,nick Lane. all as shown on said map. NOW, THEREFORE, I, MARY ~ GRIGONI$, residing at Wells Avenue, Southold, New York 11971, in consideration of O~e Dollar paid to me for this dedication and conveyance, do hereby dedicate release and convey to the Town of Southold, Suffolk County, New York for highway purposes, the said Jernick Lane, Harper Road West, Peck Place, the Drainage Area and that portion of Grigonia Path extending from its northerly ter~minus to its intersection with Jernick Lane, all as are specifically shown and delineated upon the aforementioned map of Harvest Homes Estates, Section One Southold, Suffolk County, New York, filed in the Suffolk County Clerk's Office on July 18, 1969, as Map mo. 5337. IN WITNESS WHEREOF, I have duly executed this dedica- tion and release this /?~ day of April, 1973. STATE OF ~ YORE, COUNTY OF Su~'FOLK ss: On the /~ day of April, 1973, before me personally came MARY J. GRIGONIS to me known to be the individual described in and who executed the foregoing instrumenJ~, an~ acknowledged that she executed the same. ~OTAlly PUBLIC, S~.~t. of ~ ~ No. 52-2034700 -2- ./ - Standard N. Y. B.T.U. Form 8002 * 9-702 -Bargain and Sade Deed, with Covenant against Orantor's -Individual or Corporation (single sheet) CONSULT YOUR LAWYER BE~(. . SIGNING THIS INSTRUMENT--THIS INSTRUM , SHOULD BE USED ~BY LAWYERS ONLY· TH1S INDENTURE, made the /~ day of April , nineteen hundred and seventy-three, B£TW~-£N MARY J. ORIGONIS, residing at Wells ~venue, Southold, Suffolk County, New York 11971, partyoftbefirst part, and TOWN OF SOUTHOLD, a municipal corporation in Suffolk County having its office and principal place of business at Main Road, Southold, Suffolk County, New York 11971, party of tbe second part, ~rl~h'~$~"r~ that the party of the fi~t PaR in consideration of Ten Dolhrs and ~her v~uable consider~on paid by the party of the second part, d~s hereby grant and release unto the party of the second part, the heirs or su%w~r~ and assigns of the party of the second part forever, , ~! 1. ~ certain plot,~iec~or parallel land, ~th the l~lillib~lg~Ximpmvcmen~ the~ ~ected, situate, lying and~i~inlllZ in Southold~ To~rn of Southold~ 0cunt2 of Suffolk and Sta~® o~ N~v York~ kno~m and dcsignat®d as J®rniok Lan®s Harp®r Road Wsctv Peck Plat®, Drainage ~rea and ~hat portion of Origonie Path ®xtcnding from its north®Ply t®~minus southsrly to its intersection ~ith ~®~nick Lan®, all as sho~n on Nap of Hard®st Hom®s l~tatss~ S®etion Ones Southolds Suffolk Oounty~ New York owned and developed by Ma~' ~. ~tgonis, survey complcted Deccmb®r ~6~ ~968 Van Tuyl & Son, Licensed Land Surv®yors and gil®d in the Suffolk Oounty Ol®rk~s 0trios on 7/ 8/69 as Map No. 9337. 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 wifh 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 covenants that the party of the first part has not done or suffered anything whereby the said ~remises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in eompliance with Section 13 of the Lien Law, covenants th~ the party o~ ,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 ~pplied 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 indenture so requires. IN I~'I'I-.NF...~,.~ ~VHF. RF..OF, the party of the first part has duly executed this deed the day and year first above written. IN PRF.~ENCE OF: ~ Nary ~.v ~rlgo~is STATE OF NEW YORK, COUNTY OF On the /7~"day of April 19 7~l..~f'before personally came Ma~y J. Grigoni$ 80~'~4'0~,~ ..,~ STATE OF aM YORK.)~OUNTY OF ss= me On ~e ~l~ ~y of 19 , ~tore me p~so~ly ~e to me known to ~ the indi~d~ de~ri~ in and who ~uted the fo~oifig inst~ent, ~nd ~wle~ed t~ ~ut~ ~e ~e. STATE OF NEW YO~, CO~Y OF ss: On ~e ~y of 19 , ~fore me perso~ly c~e ~e subscribing witness to the foregoing instm~t, wkh whom I m ~rm~y ~q~nted, who, ~ng by me duly sworn, ~d deem ~d ~y ~t he ~id~ at No. ; ~t he ~ows m ~ the indi~du~ de~d~ in ~d w~ ~uted the fo~i~ imminent; ~ ~, ~d subscfibi~ ~mess, m present, and ~w ex.ute the same; ~d that he, ~id witness, at the s~e time subscribed h ~e as wimess ~erem. to me known to be the individual described in and who executed the foregoing instrumet~t, and acknowledged that WAL~ER e. KApp N~TAIY PUBLIC, Sfafe of Nil ~ 140. 52-203470O Ridding In Suffolk CeUMIK Tam ~Mrel Mirc~ 10. It ~...~' 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 corpo.mt.e seal; ~that it. was so affixed by. order of the board Of directors of said corpora- lion, and that he ~i~ned h name thereto by like order. WITH COVENANT AGAINST GRANTOR'S ACTS NARY J. GRIGONI8 TO TOWN OP SOUTIIOLD THE TITLE GUARANTEE COMPANY .l SECTION BLOCK LOT ~ TOWN 0P SOUTIt0LD t 6' 1F/3 Robert W. Tasker, Esq. 425 Main Street Greenport, New York 119'44 Zip No. POLICY THE TITLE GUARANTEE COMPA.NY ami PIONEER NATIONAL TITLE INSURANCE COMPANY By THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a California Corporation, jointly and severally, togemer hereto cameo "me Company," in consideration of the payment of its charges for the examination of title and its premium for insurance, insure~ the within named insured against all loss or damage no~ 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 snstaln 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 or any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter ~aln 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. ~H ~i~He55 ~et~Of~ the companies have caused their corporate names and seals to be hereunto affixed by their duly authorized officers. .4 tte$ ecretary 8~lon 1 DEFINITIONS (a) Where~r th~ ~ "imuced" i~ u~d in ~ ~li~ it indud~ ~ w~ ~ m ~ ~ ~ ~ ~d ~ o~rafion ~ law ~ ~ "~" ~ ~ in ~e ~fiom of in~ ~ a~ ~ ~u ~ ~e "~." (b) ~ ~m ~ ~y' ~ ~ ~ ~ ~it ~ ~ ~ ~ ~m~y ~d Pio~r Nati~ Tit~ ~ ~y. ~ ~ ~m~t j~ ~ ~on of t~ ~ to ap~ ~ ~ ~ indu~ tach ~ ~d im~ th~n w~ch law ~mtc ~ ~. (c) W~ ~ ~ "~' ~ ~d ~ t~ ~ ~h~ in~t~ ~ in thc ~ ~ ~e ~ing In 2 D~SE ~ FReE--ON OF (a) ~ ~m~y ~, at iU ~ ~ ~fend the anfi~ ~ ~ f~d on a d~m ~ ~fle or ~m~ not ~in~ ~ ~d ~y a~ ~' ~ng ~fing to the m~ ~ ~, ~ u~ ~ ~ ~y ~n~t or ~n~act ~fing ~ w~ch it ~n ~a~ m p~nt h~. m~~ ~~toit the~ght~d No ~m f~ damn~ ~ ~ ~ ~ main~blc ~aT~~ ~e f~g ~: ~ ~ ~ a ~ de~fion ~der w~ ~e ~ my ~ ~ ~ ~ e~ f~m ~e ~ ~ ~ ~ ~ ~ ~ in~t the~in. u~ a li~ ~ ~ ~ ~p~ ~ t~ ~H~. (c) Wh~ ~e ~ s~ ~ ~ in ~ mid f~ the ~fit ~ t~ i~d ~ant m the ju~nt or ~r ~ a ~ ~d the fi~ ~ ~n ~ ~ ~m~ ~t ~p~d in ~ ~li~ and the~ ~fi~ ~talnlng ~ o~ to the (d) ~ ~ i~ h u~ ~e in~t ~ a ~ ~ ~ a~ ~ a ~ ~r~fion to m~a~on ~ ~ ~ ~a~ ~d ~ ~ ~n a ~ dent- ed ~. (e) ~ ~ ~ ~ ~ ~d a 1~ to ~ ~ ~ ~ ~ ~ a ~ ~ t~ i~'s ~te ·nd it shall have been finally deterndm~ that the rejection of ~ tide was jumified hecause of a defect or inomd~eance not excepted (0 '~]~w~ the inmmd shall have tranfferred the fide insured by an imtrument c~mmining covenants in regard to rifle ~ warranty ~ and there shall have been a final de~,~-'~*tion on any of tach cove- taken b~ condemnation and it ires been tinally determined that the imurcd i~ not entitled to a full award for thc astate or inter~t taken beeau~ of a de. feet or ineumbeance not excepted in this polio/. No claim for d~ shall arise or be maio~.~blc under thb ~c~icy (1) if thi~ company, after having received notice of an alleged or incombranor, rcmovea auch defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily amumed by thc imured in settling any claim or suit without thc written consent of thia company. ~:flon 4 NOTICE OF CLAIM In ease a purchaser or propo~d mortgage lender ralzea any queafion as to thc sufllelency of thc title hereby imured, or in ca~ actual knowledge shall come to the insured of any claim adverse to the title insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, mmmous, process or pleading in any action or pv0ceeding, the object or effect of which shall or may he to impugn, attack or call in question the validity of the tide hereby inmred, the insured Mudl promptly notify this company thereof in writing at its main office and forward to this company such paper or such nmice, summom, wore~ or pleading. Delay in giving ti~ notice and _a,!,_y in forwarding such paper or such notice, mmmous, proc~s or pi .eat~fl shall not affect this company's liability if such failure has not p~judiced and rannot in the future prejudice thi~ company. 8eetion 5 PAYMENT OF LO~q (a) This company wiH pay, in .acl.difian to. tl~..e.lc~, all sta. mtory cmts and ailowancas imposed on the insured tn litigation carried on by this company for the imured under the terms at'this policy~This company shah not be liable for and will not pay the fee~ oi any coumel or attorney employed by the insured. (b) In every case where claim i~ made for lass or ~.. thb company (1) reserv~ the right to settle, at its own cust, any claim or mit which may involve liability under this policy; or (2) may termi- nate its liability hereunder by Paying or tendering the full nmmmt of this policy; or (3) may, without conceding liability, demnnd a va]ua- tion of the imured e~tate or interest, to he made by three arbitrators or any two of them, one m be ch~en by the insured and one by thls company, and the two thus chmen selecting an umpire. Such valua- tion, less the amount of any incumbrances on said immed estate and interest not hereby insured agaimt, shaH he the extent of ~ com- Pany's liability for such claim and no right of action ~ accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been sezwed upon thi~ company, and the insured shah have tendered a conveyance or assignment of the inmxecl e~tate or interest to ~ company or its designee at such valuation, dimin~hed as aforesaid. The fo~ng option m fix a valuation by arhitration shall not apply toa policy imurmg a mortgage or leasehold interest. (c) Liability to any coliaterai holder of this policy shall not exceed the amount of the pecuniary interast of such collateral holder zn the (d) AH Payments made by th~ company under this policy.~ .hail reduce the amount he,of pro tanto except (1) payments mane for counsel fce~ and disbursements in defending or prosecuting actions or i~x~llngs in bchaif of the imused and f~ statutory cmts .a~.d allow- ancas imposed on. the insured in such acuom and .~. 'ng~, ~ (2) if the iusu~-d ~ a mortgagee, payments made to satls~/o~subordi- note prior liens or incumbrance~ not set forth in Schedule . (e) Whan ~J~ty hs ~cn denni~y fixed in accordance wi~ ~ · c 0 702 * 10-72-IOM Name of Insured TOWN OF SOUTHO Policy'No. I .279g01 · e~mounf o{ Insurance $ 2,000.00 ' Da~e o{ I~s~e h/Z7/73 The estate or interest insured by fh~s policy ~s fee simple vested ;n fha insured by means o{ a deed ~de by Mary J. arigonis, to the insured, dated ~/17/73, recorded 5/17/73~ SCHEDULE B The fo~lowrng estates, ~nteresfs, defects, objections fo title, liens and ~ncurnbrances aha other maffers are excepted from the coverage of this policy: I. Defects end incumbrances arising or becoming · I~er after the date of this policy, except as herein provided. 2. Consequences of the exercise end enforcement or eflempfed enforcement of any governmental war or police powers over fha premises. 3. Zoning restrictions or ordinances imposed by any governmental body. 4. Judgments against the nsured or estates, i~ferests, defects. 0biecfions, liens or incumbrances created, suffered, assum~ or agreed fo, by or with the prlv~fy of the insured. 5. Title fo any property beyond fha lines of the'premises' or fiffe fo ames wifh/n or Hghfs or easements in any abutting streets, roads, avenues, Jones. ways or warerways, or ,he right fo maintain therein vaults, tunnels, romps, or any of her structure or improvement, unless fhls policy specifically provides fhaf such rifles, rkjhfs, or easements are insured. Notwithstanding any orov]slons in this paracjraph to fha contrary, this policy, unless otherwise excep?ea, insures fha ordlna~, righh of access end egress belonging fo abutting owners. 6 Compliance by ~ne buildings or of her erections upon the premises or their use wlfh Federm. State and Municipal laws, regulations and ord~. 7. Title fo any personal proper17, whether the same be attached fo or used 'n connection ~;fh se~d premises or otherwise. Declaration of 0ovenant and Restriction in Llber 6620 cp 377. B. Electric Agreement in Liber 6609 cp 57!.(affects Streets and Lot lines) Telephone-Agreement in Liber 6718 cp 414.(a£fects Streets and Lot lines) C. Easement rights of utility companies and all lot owners over all streets. D. Subject to any state of facts a tax search would disclose. E. Any stye of facts an accurate survey might show. SCHEDULE 'B" OF THIS POLICY CONSISTS OF SHEEr(s), THE TITLE G~fJR.4~I~EE COMPA~,~:' and PIOW,~3~V. 'Af.4TIOW.4~ TITLE Policy ,No. ( ~79901 SCHEDULE A The premises in which the insured has the estate or interest covered by this policy ALL those certain plots, pieces or parcels of land, thereon erected, situate, lying and being in Southold, Town of Southold, County of Suffolk and State of NewYork, known and designated as Jernick Lane, Harper Road West, Peck Place, Drainage Area and that portion of Grigonim~.pat~ extending from its northerly termlnms southerly~to l~a~intersection with Jernick Lane, all as shown on Ma~o£ Suffolk Cbun~2, survey Surveyors 7/18/69 as Mag~ N~. , Section One, Southold, developed by Mary J. Grigonis )er 16, 1968Van Tuyl & Son, Licensed Land Clerk's Office on · CO SUBANC AND PORTIONM 'qT (a) In th~ event ~t ~ ~ 1~ ~ ~ ~ ~ ~nt ~t m t~ ~ ~ ~ ~, ~d ~y in t~t ~n~ ~ ~d ~ a ~ ~ thc c~nt ~ ~t f~. ~ ~ ~t ~ ~e im~t cx~ ~enty ~ ~nmm ~ the ~t ~ ~h ~, such ~ o~y of ~y ~ 1~ ~ s~ ~ ~ ~ ~ ~m~y ~ one h~d ~n~ ~n~ d ~ ~t of~ ~li~ ~m to ~e sum ~ ~e ~t ~ ~H~ ~d the ~t e~nd~ f~ ~e imp~nt. ~mg ~ s~ n~ apply m ~u ~d att~e~' ~ in~d ~ the ~m~y in ~ ~ ~ng for the ~ ~ ~n~ in ~ of the i~d~uant m the ~r~ of t~ ~H~ ~ to ~U im~d ~ ~ i~d in such a~om ~ ~d- ~, ~d ~ app~ o~y to ~t ~ ~ 1~ w~ch ex~ in the a~ ~ ~r ~t of ~e fa~ ~ ~ ~licy. ~d, ho~, tht ~ f~g ~i~ pr~om s~ not apply m any l~ ~ ~t ~ a Hen ~ ~ f~ a H~ ~nt w~ch e~ ~ ~ ~te of t~ ~H~ ~d not sh~ in ~ed~e B; ~d ~d ~rther, m~ mi~ ~om ~ not ap~y m ~y I~ fi, at ~e ~me ~ the ~ tach 1~, ~c then v~ue ~ ~ ~, ~ M im~, ~ not ex~d ~ h~d ~n~ ~ ~mm ~ the am~t ~ t~ ~. (b) ~ ~ ~ ~ ~ ~to ~atc, in~n~nt ~ a 1~ ~ ~bed ~g o~ ~ m~ ~t not ~ ~ ~d ~ the I~ s~ ~ ~m~ ~d ~ed on a ~ ~m ~ ~ ~H~ ~ ~ded ~ ra~ ~ m ~ue of ~d ~a~, instant ~ ex~ ~ im~n~ ~de ~t to (c) ~ "(a)" ~d "(b)" of t~ ~ apply to m ~ o~y ~r ~ i~d s~ h~ a~d ~e in~ ~ the ~ga~. (d) ~, at t~ ~ lia~ f~ ~y l~ ~ ~'~n ~ ~t to ~ ~ ~ ~ ~H~, the i~d ~ ~ ~ i~ ~g ~ ~ l~ ~ by ~o~r mm~y, ~m~y ~ not ~ ~e to ~ ~d ~r a ~ ~ of i~ held ~ ~ ~d, ~m ~o~ ~ ~ a~ the 1~ ~ h~ ~n ~ ~ ~nt ~ ~ ~m~y ~d ~ o~ i~r or i~. 8metton 7 ASSIGNMENT OF POLICY If the interest insured by this pnlicy is that of a mo~-mgee, this policy may be a~igned to and shall inure to the benefit of successive assignees of the mortgage without consent of this company or it~ en- dm~ement of this policy. Provision is made in the rate manual of New York Board of Tide Underwriters filed with the Superintendent of Insurance of the State of New York un behalf of this and other member companl~ for · ~nuatlon of liability to grante~ of the. imured in certain spoq ~q~mstances only. In no circumstance provided For in this sec~ shall this company be deemed to' have insured the sul~ciency of the form of the amlgnme~t o~ other instru- ment of tramfer or conveyance or to have assumed any liability fqr the sufficiency of any p~oceedings afleT the date of this policy. 8eztion 8 SUBROGATION (a) This company shall to the extent of any payment by it of Ires under this policy, be subro~ated to all right~ of the insured with respect thereto. The imured shall execute such imtrumems m may be requested to ~'anffer such rights to this company. The rights so Iram- ferred shall be subordinate to any remaining interest of the imured. (b) If the insured is a mortgagee, this company's right of subroga- tion shall not prevent the insured from releasing the permnnl liability of the obligor or guarantor or from releasing a potion of the premises from the llen of the mortgage or from increasing or otherwise modify- ing the imured mortgage provided such acts do not affect the validity or priority of the llen of the mortgage imured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. 8~tton 9 MISREPRESENTATION Any untrue statement made by the insured, W~th respect to any material fact, or any suppression of or failure ~o ~ any material fact, or any unlrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. 8~ztion 10 NO WAIVER OF CONDITIONS This company may take any approprfate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provilon of this policy. 8~ion 11 POLICY ENTIRE CONTRACT All actions or proceedings ngalmt ~ company must be based on the prov~om of this policy. Any other action or aedom or right~ of action that the imured may have or may being ag~imt this company in r~pect of other services ~ in connection with the hsuance iu term~ and conditiom. 8ezflon 12 V~I.mATION AND MODIFICATION This policy is valid only when duly signed by a vnlidating officer or agent. Changes may be effected only by written endm~ment. If the recordihg date of the imtrumenu creating the imuredinterest ~ later than the policy date, tach policy shall also cover inlervenlng liem or incumbrances, except real estate tax~, asse~menu, water charges and BNDORSBMBNT8 A Valuable Document Insurance THE T1TLF~ GUARANTF~F~ COMPANY HE,rD OFFICE 1~0 BRO,~DPV~Y, .~V YORK CITY PIONEER NATIONAL TITLF~ INSURANCE COMPA.NY 0 Providing direct title services or referral services throughout the United States and the Territory o~ Guam. LD 42,.~ MAIN ST. r'qRIEENpi-IR"IWl L, I., N.Y, 1'1944 Hon. AlbertM. Martocchia Supervisor, Town of Southold 16 South Street Greenport, New York 11944 April 17, 1973 Re: Dedication of streets in Subdivision Harvest Homes, Section 10 Southold, New York Dear Sir: Walter Kapp, the attorney for Mary J. Grigonis, has submitted to me the highway dedication papers with respect to the streets at Harvest Homes which includes all the streets shown on the subdivision map except the southerly terminus of Grigonis Path lying to the south of ~Jermc~ Lane. I have examined the documents and from a legal standpoint they are in order with the exception of a letter from the Assessors that the assess- ment for road improvements meets with our'requirements. Walter Kapp a'~ff~T~es me that he will have a letter before the board at its next meeting, I am enclosing the dedication papers consisting of the Dedication and Release, Consent of Town Board, Order of Superintendent of Highways, Deed to the streets in question, copy of subdivision map and copy of the profile map as well as a copy of the title company report. Yours very ~'. ROBERT W. TASKER RWT:bc Enclosures BI3ARD I-IF ASSE5SnRS ~OUTHOLD, N.Y. April 17, 1973 Town of Southold 16 South Street Greenport, New York Gentlemen; The assessed valuation on the 1972-73 Assessment 2oll for .4952 of a mile of roads in Harvest Homes Estates, Sec.1, in Southold is $23,700.00 improved assessment. Very truly yours, Edwin F. Fickeissen Board of Assessors EFF:jk T£LEPHDNE April 19, 1973 Hon. Albert M. Martocchia Supervisor of the Town of Southold 16 South Street Greenport, New York 11944 Re: Harvest Homes Estates, Section One Dedication of Roads Dear Albert: Enclosed herewith is a letter from the Board of Assessors indicating the assessed valuation of improved property on the roads to be dedicated at Harvest Homes Estates is sufficient for dedication purposes. The letter should be filed with the other instruments relative to the proposed dedication. Yours very truly, ROBERT W. TASI'~R RWT:MY Enclosure CONSENT 01~ TOWN BOARD TO PROPOSED TOWN HIGHWAYS In the Matter of the Laying out of certain town highways in the Town of Southold, County of Suffolk and State of New York. ~PON READING AND FILING the dedication a~d release of Ma~y ~. Grigonis, dated April /?~ , 1973, and duly acknowledged, dedicating and releasing the necessar? land for proposed Town highways designated as ~ernlck Lane, Harper Road West, Peck Place and that portion of Grigonis Path extending from its northerly terminus to its intersection with Jernick Lane, together with the D~ainage Area, all as shown on ~ certain map entitled, "Map of Harvest Homes, Estates, Section One, Southold, Suffolk County, New York, owned and developed by Mary J. Grigonie, survey complet- ed December 16, 1968 by Van Tuyl & Son, filed in the Office cf the Clerk of the County of Suffolk on ~uly 18, 1969,under file No. 5337. RESOLVED that, in accordance with the provisions of Sec- tion 171 of the Highway Law of the State of New York, consent be and the same hereby is given that the Town Superintendent of High- ways of the Town of Southold ~-we an order laying out the afore- said town highways, the said town ~t~m~ays to conela~ of the land~ described in the said dedication and release and to extend as de- lineated upon the filed map referred to therein, and it is further RESOLVED, that the Town Clerk be and he hereby is did- coted to forthwith cause such release to be recorded in the Office and upon its return, to of the Clerk of the 0ounty of Suffolk, attach it hereto. Dated, April , 1973 Town Board of the Town of Southold, County of Suffolk, New York. Town Justice -2- ORDER OF THE SUPEr, INTENDENT OF HIGHWAYS In the Matter of the Laying out of eertain town highwa~ in the Town of Southold, County of Suffolk and State of Ne~ York. A subdivision map with the highways shown thereon hav- ing heretofore been approved and filed as hereinafter set forth, and a dedication and release from the owner of the land over whic~ it is proposed said highways shall run, having been given; NOW, THE~EFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, do hereby de- termine and order that town highways be, and the same are hereby laid out in said Town as designated on a certain map entitled "Map of Harvest Homes, Estates, Section One, Southold, Suffolk County, New York," owned and developed by Mary J. Grlgonts, Sumve completed December 16, 1968 by Van Tuyl & Son, filed in the Offic of the Clerk of the County of Suffolk on July 18, 1969 under File No. 5337, as Jernick Lane, Harper Road West, Peck Place and that portion of Grigonis Path extending from its northerly terminus southerly to its intersection with Jernick Lane. Dated, this day of April, 19~. Supe~in~endent of Highways DEDICATION AND RELEASE OF L~ANDS FOR TOWN HI~[-~A%% In the Matter of the Laying out of certain town hiEhways in the Town of Southold, Couuty of Suffolk and State of New York. WHEREAS, the undersigned owner of land situate, lying and being at Southold in the Town of Southold, County~of and State of New York, heretofore duly filed a cortai~ map enti- tled "Map of Harvest Homes Estates, Section 0no, Southold, ouIzolk County, New York," which said map.was prepared by Van Tuyl and Son from a survey completed December 16, 1968, and was thereafter and on July 18, 1969, filed in the Office of the Clerk of the County of Suffolk as Map No. ~33Y; and WHEREAS, the undersigned is the solo o~rnor of Jernick Lane, Harper Road West, Peck Place, the Drainag0 Aroa and that portion of Grigonis Path extending frown its northerly terminus to its intersection with Jernick Laue, all ~s shown on ~aid map. ~0W, THEREFORE, I, MARY ~ ,~ic,_ng at Wells Aveuue, Southold~ New York ll9Yl, in consideration of Oi~e Dollar. paid to me for thi'~ dedication and conveyance,.do hereby dedicate,' release and convey to the Town of Southold, Suffolk County, New York for highway purposes, the said Jernick Lane,'Harper Road West, Peck Place, the Drainage Area and that portioh of Grigonis Path extending from its northerly terminus to its intersection with Jernick Lane, all as are specifically s~hown and delineated upon the aforementioned map of Harvest Homes Estates, .Sectio~ One, Southold, Suffolk County, New-York, filed in the Suffolk CoUnty Clerk's Office on July 18, 1969, as Map No. 533?. IN WITNESS WHEREOF, I have duly executed this dedica- tion and release this /7~ day of April, 1973. MarT~r igonis .. STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the /'Y~ day of April, 1973, before me personally came MARY J. GRIGONIS to me known to be the individual described in a~d who executed the foregoing instrument, and acknowledged that she executed the same. -2- STA~'E OF/~EV~ YORK. COUNTY O~ ~'UFI~'O]~I~ ss: - ' On fife /'? q' da>' 0~ ~prll 19 73 ', before me person~ly ~me M~y J. Grigonis to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that 8ho executed the same. // On the day of 19 , before me personally came to me known, who, being by me duly sworn, ~id 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 o~ 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 On the day of personally came . 19 , before me to me known to be the individ.al described in and who executed the foregoing iiistrnment, and acknowledged that executed tbe s~me STATE OF NEW YORK, COUNTY O1: ss: On the day of 19 , before me personally came the subscribing witness to the foregolng instrnment, 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 sa~v execute the same; and that he, said xvitness, at the same time subscribed h name as witness thereto. MARF J. GBIGONIS TO TOWN OF SOUTHOI, D 711E TITLE GUARAsVTEE CO:tlI'ABrY SECTION BLOCK LOT ~T~C,~'~owN OF SOUTHOLD Recorded At Request el Thc Title Guarantee Company RETURN BY MAIL TO: Robert IV. Tasker, Esq. 425 ?,lain Street Greenport, N'ew York 11944 CON:~ULT YOUR LAWYER DEFORE SIGNING THIS INSTRUMENT--THIS INSTRUA~ENT SHOULD BE USED~Y'L,~.,~VYERS O?4LY. THIS INDENTURE, made the BETWEEN FIg. RY J. GRIGONIS, County, New York 11971, day of April , nineteen }[undrcd and seventy-three, residing at Wells Avenue, Southold, Suffolk part), of tile first part, and TOWN OF SOUTHOLD, a municipal corporation in Suffolk County having its office and principal place of b~:~slness at Main Road, Southold, Suffolk County, New York 11971, party of the second part, WITN 'ESSETH) that the party of the first part, in consideration of Ten Dollars aud other valuable ccns;deraucn paid by the party of the second part, does hereby grant and release unto the party of tile second part, the heirs or successors and assigns of the party of the second part forever, -gnos e ALL fff.~ certain plot,'~piece~or parcelSo~ land, with the '~T.,31~a~2Z~l[al~Zimprovcments thereon erected, situate, lying andbeinginI~ in Southold, Town of Southold, County of Suffo:Lk and State of New York, known and designated as Jernick 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 Harvest Homes Estates, Section One, Southold, Suffolk County, New York owned and developed by Mary J. Grigonia, survey completed December 16, 1968 Van Tuyl & Son, Licensed Land Surveyors and filed in tho Suffolk County Clerk's Office on 7/18/69 as Map No. 5337. TOGETIII£R with all right, title and interest, if aoy, o[ tile party of the first part iu and to atw stre,:-ts al:il ruads abuning the above described premises to the center lines thereof; TOGETilER wied~ the a'I~purtelmnCC. and all the estate aud rights of the party of the first part i.'t and to ~id premises; TO IlAVE :\ND 20 HOL1) the prenfises herein graoted uuto the party of fl~e secood part, the heirs 'or successors and assigns of the party of the sccood part forever. AND the party of the first part covenants that the party of the first part has not done or suffered aoything whereby the said premises have been encmnbered in any way xvhatevcr, except as aforesaid. AND the party of the first part, lo compliance with Sectiou 13 of the Lien Law, covenants that d~e IXU'tV of the first part will receive the consideration for this couvevauce and will hold the right to receive such co~sid- eration as a trust {und to be apl)lied first for {he purpose 6f paying the cost of the finprovement a~:d xvill apply the same first to the payment of the cost of the improveme,t before using any ixqrt of the total of the stone for aoy other purpose. The word "imm3''' shall be construed as if it read "panics" wheaever the sense o{ this indcnture so r~quires. IN WITN~S ~VH~EOF, the ~rty of the first ~rt has duly exezuted this deed the day and year first above written. IN PRESENCE OF: Illllllllllllllllllllllflllllllllllllllllllllllllllllllllllllllllllllllll CERTIFICATE OF TITLE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THE TITLE GUARANTEE COMPANY 64 .,YEW YORK CORPOP~TIO.~Q and PIONEER NATIONAL TITLE INSURANCE COMPANY (a cJuro~z~ co~ronJTio~v) :ro~Ernr~ nr~a~v C~L~O ,~r~ coMrJ~rr,, No. 1279901 (~e~i~es fo Walter G. Kapp, Esq. Main Road So~thold~ New York 11971 that an examination of title to the premises described in Schedule A has been made in accordance with its usual procedure and agrees to issue its standard form of insurance policy in the amount of $ TBF insmlng FEE -: and the marketability thereof, after the ClOSing of the transaction in conformanc~ with proCedUres o, pproved by the company excepting (a) all loss or damage by reason of th~ ~states, iaiercsts, defects, objections, liens, incumbrances and otber matters set forth herein that are not disposed of to the satisfaction of the Company prior to such closing or issuance of fh6 poliCy (b) any question or objection coming to the attention of the Company before the date of clOSing, or if there be no closing, before the issuance of said policy. ~i5 ~gt'fi~i~af¢ shall be null and void '(1) if the fees therefor are not paid (2) if the prospective insured~ his attorney or agent makes any untrue statement with respect to any material fact or suppresses or fails ~o disclose any material fact or if any untrue answers are given to material inquiries by or on behalf of the Company (3) Upon delivery ~f the pO!icy. Any claim arising by reason of the issuance hereof shall be restricted to the terms and conditions of the standard form of insurance policy~ ff rifle, interest ov lien to be insured was acquired by the prospective insured prior to delivery hereof, the Company assumes no liability except under its policy when i~sued. Dated 9A.M. /4/5/73 Redatedo~!~C ~. PI$CITI~.~ TITLE 400 WIST MAIN STRE~ ~IV~HE~, L 4 ~ Y. I1901 5~727.2300 Will be pleased to' ~onler on questions concerning this certificate Premises in Section Block on land map o! County of Suffolk THE TITLE GU~iIDLRTEE COMP.43fY and PIO3rEER 3f.4TIO3r~L TITLE IWSUP~4JYC, E COMP.4)YY deg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIllllllllllllllllllllllllllllllllll IIIIIIIIllll Ig TH£ IN$~]~ ~O~EMPLATES M,4KING IMPROVEMENTS TO THE PROPERT~ ~e followi~ ~s, in~s~, def~, obj~tions to title, liens and incumbran~s ~d o~er maRe~ ~e ex~pt~ from ~e coverage of our st~d~d fo~ of ~Ucy: 1. ~f~ts ~d incumbr~s arising or ~coming a lien after ~e da~ 'of ~iS ~liCy. 2. Con~quen~s of ~e'~e~rci~ ~d enforcement or attempted enfor~ment of ~y govern- ment~ w~ ~.~ ~ers over the premi~. . 3. ~ning ~s~ons or oranges im~sed b~ ~y gO~rnmen~l ~dy. 4. Jud~en~ ag~nSt ~e i~sured or ~estates, interests, ~efects, ob~tions, liens or incum- bran~s cr~t~, suffered, assumed or agreed to by or with thc privity of the insured. 5. Title to ~y ~ ~yond ~e fines of ~e ~e~ses, or tire to a~ wi~in or ~ or c~ements in ~y a~t~g s~, ~ads, avenues, 1~, ways or w~ays, or ~e ri~t to m~nt~ :~rein vpul~, ~nels r~ps or any o~er .s~c~e Pr improvement, unless ~is ~licy s~c~ly pm~deS ~at such fifl~ d~, or easemen~ ~e ins~ed. Not~s~d- lng any p~si~s ~n ~is p~a~aph to ~ Con~, ~is ~oi~ ~ss ~ise excepted. insur~ ~e ~in~. ~ ~ a~e~ and e~ss belon~ng to abu~g ~e~. 6. CompU~by ~e?uil~ngs or offier erections upon the prem~gs or their use with Federal, State and ~i~al laws, re~lati°ns and ~rd~nances. 7. Ti~e t0 ~l:pro~rty, whether the s~me ~ attached to or used in ~nnection with s~d pg~ othe~ig. Our ~Ucy ~ eX~p~ ~m cov~a~ any state of facts whi~ an a~ur~ ~r~y might show, u~ess su~cy.~e~ is orderS. W~n such ~verage is ord~d, ~s ~ will · e s~c~s~y ex~ptions which we will include in ou~ ~icY. Whenever ~ word "~m,' is u~d in ~y s~cy ex~pfions from coverage, it shall ~ d~mcd to include, r~f corni~, show ~ndow'~g 1~, sills, Wind°~ ~m~ entrance trim, bay ~ndow c~i~sg mouldifigs*, ~lt courts, wardrobes, ke~es, pilasters, ~co, bal~ny all,of ~which project ~yond' s~t ~e, In ceftin ~, ~ ~ Will ex~pt.~om coverage any state of f~ which a ~r~nal ins~ fion ~t ~1o~ unle~ su~ey ~verage is ordered. In the~ cases a s~ific ex~ption will ap~ in this ~rti~a~ ~ ~ * - ' O~ e~fion ~'fi~ ~glU~s a s~h for ~ny ~ex~ ~n~n~ng s~temen~ w~ch aff~ ~ ~d ~.~ ~ pro, fly filed~and index~ p~s~nt to the U~o~ Com- me~ C~c in ~e o~ of ~e ~rd~g offi~r of the ~unty ~ which ~e r~ pro~ ~es. No ~ ~ ~n mdc for o~er finan~g s~tements ~ we ~o not insu~ fire to ~o~1 su~ ~f~ ad~fio~l c~r~. ~r-~abiUw ~ ~nn~on ~th s~h ~ ~ ~ted to $1,~.~. ~e S~folk ~ounty Clerk, effective January 1st, 1971, will convert to microfilm a~d resystemizing the County Clerk's operations involv~-g the raeox~lation of instruments or docm~ents to be filed in his office, amd has suggested +.hat the following practices be ~lied with in order to maintain legible microfilm records: 1. All pages of an instrument are to be numbered con- secutively, including any riders. In addition, all rl~ers should have a recital on the first page of each rider indicating what instrument it relates to, so +-hAt in the event it becomes separated from the ori~-al document, it can be re-fastened together. ~lders are to be noted on the inst~nt with · eni~tion such as. "see rider attached". The hacks of all instruments will be recorded and should be given a page n,--~er. 2. S~aples should not be used on instx, m~-uts, except the use of one staple to hind a multiple page document. 3. All typing is to be clear and dark. Weak or poor processed photocopies will not he accepted. ~. "FLags" or "flaps" will be required to he affixed to the instrument with transparent tape across the top of the "flag". In the event there is no substantive matters under the "flag", it is also to be fastened at the bottom with transparent tape. Any "flags" or riders that have textual material beneath them shall be considered an additional page and a ~b~rge will he w-de therefor. 5. All instruments must be prepared on heavy weight bond paper. Light weight "second copy" or "onion skin" will be rejected. Ail documents will be limited to strict ~fmensions, not to exceed 8~" x 14". · 6. The margins of the lnstrnments are to remain.~ free of a~y textual material. 7. Notary stamps and notary si E-atures must he in black In view of these changes our closers will only accept inst~m~-nts for racoxxl/ng after January 1, 1971 that conform to the 0ounty Clerk's re- quiremeat s o Accordingly your adherence to the above procedures is earnestly solicited. The objective of achieving legible microfilm documents should both ex- pedite the return of the original inst~,m~nts and facilitate subsequent searching of the records. December 10, 1970 CLOSING RE(PUIREMENTS AND THE DISPOSITION THEREOF These requirements are a part of this Certificate and must be complied with: I. IDENTITY OF ALL PERSONS executing the p~ers delivered on the closing must be established to the setisfaction of this company. Therefore, the affidavit of title which follows must be properly executed. II. WIFE OF ANY OWNER must io~n in executng all deeds, leases and mortgages (except purchase money mortgages if the tltl.e was acquired by the hu'sb~nd and the marriage occurred prior to SePtember I, 1930. If }he title was acqmred before thet 8ere end the m~rrbge occurred after that date, t? date ~f the marriage and the fact that the husband was not previously married should be set forth m the e~eevit of title. III. ALL CONTRACTS must be submitted for consideration at or prior to closing of title. IV. PROVISIONS of the N. Y. State Stamp Tax Act and, if the premises are located within the City of New York, the provisions of the New York City Real Property Transfer Tax Law must be complied with. V. CORPORATIONS I. RESOLUTION OF BOARD OF DIRECTORS: A copy of an appropriate resolution of the board of directors must be furNshed when a corporation is to execute the deed, mortgage or lease to be insured. S ' 2. TOCKHOLDER S CONSENT: Satrsfactory proof of consent of al the stockholders in writing, or two- thirds at a meeting duly called, must be {urnlshed when a stock corporaton s selling, leasing, exchanging or otherwise disposing of its property. Con,sent of stockho ders s not required when a mortgage is made by a corporatior unless the certificate of incorporation, a by-bw or a statute creating the corporation requlres suck consent, VI. IN BUILDING LOAN' advan be continued Applicant S~nce, in the the policy in usaa herein has been VI ESTOPPEL estoppel brances must VIII. FRANCHISE TAXES: unpaid N. Y. Certlficafe will f~tJe after the date IX. DEED IN LIEU OF conveyance made rD fha cgntract filed as required by the Lien Law, and all of such contract. All searches should date and amount of each advance. before making any aavance. existing survey to the date of each advance since the date of the survey may show, if no survey protect/on mortgage or other lien is fo ~e insured proper o~,n~ oi I,e fee and of subseql~ent encum- instruments is a corporation, possible liens after the date of this to a corooratior acquiring instruments. ~URE-Where"the Co~n~ is asked to insure title fo fha grantee n a case which does nor invo ye an actual sa~e of the property, the policy will contall Possibility of the transfer, conveyance or deed being attacked or set aside und~ by reason of a petition in bankruptcy being fi ed by or against the grantor wlfhln one date of record ng of said conveyance and any loss or,damage from, cb~ims or rights, if ar the credlfors of the grantor." Th~s exceotion may be on}y on approva~ or Counsel after the Company is furnlshed w th satisfactor,, ~'roo~in affidavit for~'~¥-~'~TM so)ve, pcy otfhe grantor, the fairness of the transacton and, if the ~ranfor;is~a cot .... *:-- ~ .... e, of ell stockholders. = k,u,a,,u,,, u,e consent X. CONTINUATION OF SEARCHES: This Company must be notified immed ately of the recording or the filing, after the date of fhb Certificate, of any instrument and of the discharge or other dlsposfflon of any mortgage, judgment, lien or any other matter set.forth in this Certificate and of any change in the fransacfio~ fo be insured or fha parties thereof. The conflnuafion will n0f ofherWlse disclose fha disposffi0n of any lien. . XI. TRUST CLAUSE: Mortgages must contain the trust clause required by subdivision 3 of Section 13 of the Lien Law and deeds mu~t contain the trust clause required by subdMsi0n S of Said section. XII. REFERENCE TO SURVEYS AND MAPS: Closing instruments should make no reference to surveys or maps unless such surveys or maps are on file. The Westchester County Clerk refuses fo accept instruments wNch confab a reference to a survey even in the "subject" clause. XIII. CAPACITY OF THE INSURED to take, hold, mortgage and convey real property must be considered. NOTE: ALL PAPERS IN THIS TITLE RECEIVED BY THE COMPANY FOR RECORDATION WILL BE RE- TURNED DIRECTLY BY THE REGISTE~'$ OR COUNTY CLERK'S OFFICE. FORM OF AFFIDAVIT OF TITLE ON REVERSE SIDE. State of New York, County of I reside et No. I am the * owner in fee simple of prerhises and the grantee AFFIDAVIT OF TITLE SS.: T;fle No ................................................. being duly sworn, says: described in a ceffain d~ed of sa~d premises recorded ]n the Register's Office of C~unty in Liber of Conveyences, page Said premises have been in ~nv possession since 19 ; that ~s~ possession thereof has been peace- able and undlsturbed,' ~nd t~e title thereto has never been '~[sputed, questioned or rejected, nor insurance thereof refused, es far es I ~no~, I know of no facts by reason Of ~i~h sold possession or title might be calle~ in q~estion, or by reason O( whi~k~n~ cbim fo any part of said premises or any bterest therein ~dverse se+ up. There are no Federbl t~ cbims or liens ossessed or fibd ogoinst ~ . There ore no judgments against ~ unpoid or unsof stied of record entered in ~ny court of this state, or of the United States, end said premises ore, ~s far as I know, fr~ from all bases, mortg~ge~,:r}~s, assessments, wofer charges, sewer rents end other liens ~nd encumbrances, exc~t S~;d premises ~re now.occupied by No proceedings in bankruptcy have ever been inscribed by or ~g~insf ~ in any court or before any officer of any state, ~or qf ~}he. Un,ted' States, nor ,.~et ~nyh .... t,me m~de' en ossignment for the benefit of creditors, nor en esslgn~nt, now in effect, of tMeo~n~'~eid premises or ~ny pert thereof. ~ I ~m by occup~fbn *1 ~m ~ citizen'~he Unffed States, ~nd ~m ~t~ ~ years old. over the age of 21 year~end is competent fo con~y ~r :m~tgage real estate. I was married fo. her on the dead.of:' . ' ~-h. , 19 . I have never been married fo any any o~er na~e durbg the past ten years. other p~rson now Ii~in~,~'t hev~ not been khown b~' *Th~f fha cha~fer.rof sold corporation is in full force and effect and no proceedbg is pending for its disso- lution or annulment.'That all'lkense and franchise t~xes'~er~nd:~ayable by s~id corporation have oee~ pald in There are no act~on~_ '-'.~'pendlng affecting said promiSe"That no repairs, alterations or improvements have been m~ae to sai~ p~em~ses which have not bee~ co~l~ed'm~e than four months prior to the date 'hereof. There ~re no f~cts k6~p..to, me ~lating to the rifle-to-dO' ~r~mises,whlch have not been set forth in this affidavit. This affidavit is made to induce To accept e -- t o~ ck~'~:'Preffi[ses, ana to induce The Title C~ua~antee Company and P~oneer National Title Insurance Compan~ I~eFe Oaf(:er called The Company to ~ssue ~ts pohcy of title nsurance numbere~ above covering sad premises ~ow~ng¢}hat they will rely on the statements herein made. Sworn to before me~thi~ ~'~ ~ day of 9 'rifle No. THIS COk4PANY CERTIFIES that a good and marketable title to the premises described ~n Schedule A, subject? the liens, incumbrances end other maffers, if any, set forth in th~s certificate may I~onveyed by: ~,~{y J, ~IGONISs a/k/a ~ry Grigonls au surviving tenant ~ho together wi~h her husband c~rles Gri~onis nov; deceased acq~red Disposition Source of fitleby deed from Herbert W. Wells, GladyS W. Merwin as Executors of the I~St Will ~nd Testament of George H. Wells, deceased, dated 1/7/43, recorded 1/18/~3, in Liber 227Q Inspection d sc o?., NONE MADE IN SUFFOL~ COUNTY We set forth the addffional rnaHers which will appear in ourpoJicy as exceptions from coverage, unless disposed of to our satisfaction prior to the closing or delivery of the policy. I. Taxes, tax liens, tax sales, water rates, sewer rents and assessments set forth herein. 2. Mortgages returned herewith and set forth herein. {[:~(~1~.~ NUMBER ) 3. Any 'state of facts which an accurate survey might show. 4. Survey exceptions set forth herein. 5. Affidavit of Title will be required on closing. 6. Compliance with the Federal "Truth in Lendln9 Act". There are no restrictive covenants, conditions or easements of record unless set forth_ imme- diately following. .- D. Subject to any state of facts a tax search would disclose. NOTE: IT IS REQUESTED THAT THE SELLER OR BORR0%fER PRODUCE RECEIPTED TAX BTr,?~ AT THE CIDSING. The closing requirements set forth on the following page are a part of this certificate end must be complied with. A dual;cate copy of the exceotlons is furnished you with the thought you may wrsh to transmit, with or without any of the other exceptions :n the tlt~e re=or+ to the =ttarney for the owner of the Dro~eHy and thereby fact[flare the clearing of the objections Drier fo closrn~. in~'~ 'TItE TITLE GU.4R~.,Y'I-EE COMP2.¥1' t~nd PIO.~'EER .,V,,ITlO3f~L TITLE 13fSURA3fC~ COMP.4vVY Title No. 2~-T9901 ~ SCHEDULE A j~T.T, those certain plots$ pieces or parcels of ~d~. ~g ~d berg' in ~u~old, ~ of ~u~old, Oo~y of ~o~ ~d ~tate of ~ Yo~, ~o~ ~ ~d by '~r *Road ~est, ~i~nia ~th~ ~e~ ~e~ ~ ~ace, Dr~ ~ea . ~ as aho~ on the ~ of ~est Ho~s ~tates, Section 0~, ~ut~ld, S~fo~ ~ty~ ~ Yore o~ed ~d de,loped ~ ~. ~ri~n~, s~ eo~le~ ~cember 16, 1~ Son, ~cens~ ~d ~rs ~d f~ed ~ the S~o~ ~o~ ~erh's Office on 7~8/~ ~ ~P ~o. Our poli<ie$ Now is the time fo determine whether we have exam;ned ali of fha property and e~semenfs which ~u desire fo be insured. If there sre ~ppur- tenant easements to be insured, please request such insurance. In some c~ses, our rate manual provides for en ~ddifion~l charge for such insurance. , 19 Title No. SCHEDULE A .~T.T. those certain p~ote~ p~ece~ or parce~ of l~d, s~$~, ~ ~d ~ ~ ~o~ ~ of ~u~hold~ Co~ of S~O~ ~i~niS ~ ~ni~ ~e~ ~ ~ea ~ ~ sh~ on the ~ of ~s~ Ho~s Es~ Section One, Southold, S~O~ Co~ N~ Yor~ ~d ~ dev~ed ~ ~ ~' ~i~nis, ~ s~ co~d ~e~ ~, 1~ V~ ~1 ~ Son, ~censed on 7 8/ 9 IT I$ R_ECOMMENDED THAT THF~COMPANY BE ADVISED AT LEAST 72 hours IN ADVANCE OF THE CLO G DATE A ~-~.,.l..uJ..t~'l'~ THE AVAIIABILITY For Co#z'eyanci,g 0#17 Together with all right, title and intercsl o~. in and to a.y streets and roads ab#tli#g Ihe above described premises. AFFIDAVIT OF TITLE State of New York, County of I reside et No. I am the * owner in fee slmple of premises end the grantee SS.: Title No ................................................. being duly sworn, says: described in e certeln deed of sold premises recorded in the Register's Office of County in Liber of Conveyances, page Sold premises have been in ~ possessbn since 19 : that ~ possession thereof has been peace- able and undisturbed, and the tltle thereto has never been disputed, questioned or rejected, nor insurance thereof refused, as far as I know. I know of no facts by reason of which said possession or title might be called in question, or by reason of which any claim to any port of said premises or any interest therein adverse to ~ might be set up. There are no Federal tax claims or liens assessed or filed against ~t~ . There are no judgments against ~t~ unpaid or unsatisfied of record entered in any court of this state, or of the United States, end said premises are, as far as I know, free from all leases, mortgages, taxes, assessments, water charges, sewer rents and other liens and encumbrances, except - Said premises are now occupied by No proceedings in banicruptcy have ever been instituted by or against ~t~ in any court or before any officer of any state, or of the United States, nor h~slt et any time made an assignment for the benefit of creditors, nor an assignment, now in effect, of the rents of said premises or any part thereof. *1 am a citizen of the United States, and om more than 21 years old. I am by occupeflon · I om married to who is over the age of 21 years and is competent to convey or mortgage real estate. I was married fo her on the day of 19 . I have never been married to any other person now living. I have not been known by any other name during the past ten years. *That fha charter of said corporetion is in full force and effect and no proceeding is pending for its dlsso- bt;on or annulment. That all license and french;se taxes due and payable by said corporation have been paid in full. There are no actions pending affecting said premises. That no repairs, alterations or improvements have been made to said premises which have not been completed more than four months prior t'o the date hereof. There are no facts known to me relating fo the title to said premises which have not been set forth in this affidavit. This affidavit is made to induce to accept e **tn said premises, and to induce The Title C~uarantee Company and Pioneer National Title Insurance Company hereinafter called "The Company" to issue its policy of title insurance numbered above coverbg said premises knowing that they will rely on the statements herein made.. Sworn to before me this day of , 19 IF THE INSURED CONTEMPLATES MAKING IMPROVEMENTS TO THE PROPERTY COSTING MORE THAN TWENTY PER CENTUM OF THE AMOUNT OF INSURANCE TO BE ISSUED HEREUNDER. WE SUGGEST THAT THE AMOUNT OF INSURANCE BE 'INCREASED TO COVER THE COST THEREOF; OTHERWISE. J.N CERTAIN CASES THE INSURED WILL BECOME A CO-INSURER, The following estates, interests, defects, objections to title, liens and incumbrances and other matters are excepted from the coverage of our standard form of policy: 1. Defects and incumbrances arising or becoming a lien after the date of this policy. 2. Consequences of the exercise and enforcement or attempted enforcement of any govern- mental war or police powers over the premises. 3. Zoning restrictions or ordinances imposed by any governmental body. Judgments against the insured or estates, interests, defects, objections, liens or incum- brances created, suffered, assumed or agreed to by or with the privity of the insured. Title to any property beyond the lines of the premises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstand- ing any provisions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. ('ompliancc by the buildings or other erections upon the premises or their use with Federal, State and Municipal laws. regulations and ordinances. 7. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. Our policy will except from coverage any state of facts which an accurate survey might show, unless survey coverage is ordered. When such coverage is ordered, this certificate will set forth the specific survey exceptions which we will include in our policy. Whenever t~ie word "trim" is used in any survey exceptions from coverage, it shall be deemed to include, roof cornice, show window cornice, lintels, s~ills, window trim, entrance trim, bay window cornices, mouldings, belt courses, water tables, keystones, pilasters, portico, balcony all of which project beyond the street line. In certain areas, our policy will except from coverage any state of facts which a personal inspec- tion might disclose unless survey coverage is ordered. In these cases a specific exception will appear in this certificate. ~ Our examination of the title includes a s~rch for .any unexpired financing statements which affect fixtures and which have been properly filed and indexed pursuant to the Uniform Com- mercial Code in the offiea of the recording officer of the county in which the real property lies. No search has been made for other financing statements because we do not insure title to personal property. We will on request, in eonneetlon with the issuance of a title insurance policy, prepare such search for an additional charge. Our liability in connection with such search is limited to $1,000.00. DECLA ~.~ TIO~; Tr-ls Declaration made the 1st day of August, 196Q, by }[ARY J. GRI~NIS~ ~esl~n~ at Wells A%enue ~n the To~ of Sm~th- old~ Su/foik Co~ty~ New Yo~k. ~ t~ said }~RY J. GRI~NIS la the o~e~ of T=';~ of Southold, Co~t~ of 8uffolk and ~tate of i{ew Yo~k, ~o~ ~n~ d=~l~ated by a certain ~p entitled "H~vest Homes Section ~e, Southold, S~f. Co., N. Y." s~veyeO ~cembo~ 16, 1968 b! Van Tu~l & Son, Licensed Land Surveyo~s~ Oreenf~o~t, aha filed ~n the Off~ce of the Clerk of Suffolk 0o~t7 on the 18t~ day of July~ 1969, as ~p No. 5337; ~ND ;~S~ the said }~KY J. GRIGONiS desires to place certain ~est~iotions upon the sa~d p~emises, subject to w~ch said p~operty ~d each potion thereof as he~e~afte~ ~ov~ded s~ll be held~ sol~ and conve~ed~ ~ w~oh ~ost~ctio~ s~ll be b~nd- ~g upon all 9~c~sems of pa~ts the~eof~ mortgagees and othe~ lteno~ ~ thel~ Pespecti~e ~i~s, executors, successors and NOW T~ORE~ t~s declaration w~tnesseth: ~T the aais ~ J. ORI~NI8 for the benefit of he~- self~ ~ he~s~ exeoutoPs~ m~n~st~ato~s~ successors ~d and ~ conside~at~on of the 9~e~ses and fo~ the pu~oae.of ~ng out the ~nt~t~o~ mbove expressed, does hePebF ~ke publish~ declare, covenant ~ agree that the ~eal ~mepe~t~ inshore descr~be~ s~11 ho~eafte~ %e subject to the fo11~ cove~nts and =eat~ictions~ w~ch s~ll be const~e~ as ~eal cov- enants ~lng with the lan~ and blndin~ upon all D~c~se~s~ o~- ne~s, mortgagees~ lieno~s and such other perso~ acquiring an crest therein or any portion thereof, and thei~ respective heirs, executors, administrators, successors a~d assigne~ which covensnzs~ and restrictions shell be and remai~ in full force and effect frcn the ~ate of the recording of this agreement or declaration for a period of twenty-five (25) years, after which time said covenants shall be automatically extended for successive periods of ten (I0) years, unless an instrument is recorded in the County Clerk's Office signed by the then owners of a majority of the lots,desi- gnated on the said map, agreeing to change said covenants in wnoie or in part, to wit: 1. Ail of the premises hereinabove described shall be known and designated as residential plots. 2. No str~lcture shall be erected, altered, pieced or permitted to remain on any lot other than one ~etachcd fa:~.ily dwelling not to exceed two stories in n~qnu. shall be erected, placed or pe~itted to rcmnin on cny it ~s an enclosed f:arage, attached or mud, ...... =~, . . must con~o~ In ~rc~tectur~l exterio~ d~sl~ with t~ 3. ~:o dwelling, Proving a ground floor *!ocr structure of ie~$ ~han one ~i,ou.~.d t ....... ..,~,,..~ be erected or posited ~o re~ on ~y io~. " YO d~'e!!~m~ sk~!t be five (35) feet of ~nv front lot line, nor within. feet of any side stree~ line; nor witnin side lot liBe. ~. No trade or business of any ktn~ ~ha!! be ~ff*-',"'-~"~' ' provided ~uch per,on also ro~Ide~ on said pre.iaaa. , tlon or profession ct the occueant of tile premises, and s16-ns used by the builder to advertise hi4 nropertv durin~ the construction and sales period, s~hall be permitted. ' 7. No animals, livestock or poultry of any kind shall be raised, bred or maintained on' any lot, except for does, cats, or other household pets, provided they are not raised, bred, or maintained for any commercial purpose. 8. No lot shell be used or maintained as a dumDlng ground for n{bbish, trash or ~arbage. Ail rubbish, trash or gar- b~ge shall be kept in closed ~anitary containers, which containers shall be kept ou~ of the public view and in the rear of the pre- ~aSS. 9. No fence, wall or hedge of over four (4) feet in height s~hall be permitted within ten (10) feet of a side line nor within fifty (50) feet of any street line or water front. 10. No clothesline, or other such clothes drying imple- ments, shall be maintained other than in the rear yard area of the p~emi~es. 11. If anw lot owner, has heirs or assigns, sbmll vio- late or a~tempt to violate any of the covenants herein, it shall -.,~,-~,--,~°e ~w~ul~ for~ any .,~,.°tner person or persons awnin~ any real prope~t~ ...... ~ ~n ~ald ~mvision, to prosecute ~nv nroceedings at law, ....... ~ .~.~ain~ t,.e pe.sous violatln~ or a~,,~'~t~ to vio- .n~o a~.v ouch covenant to prevent him or them fl.om so doing, oF to ~:cove~ da;rages or other relief For such vioiatlun. 12, Invalidation of a~y ~f t~e e~v,,n~ts by Judgment l ..... . -~ ..... e o...or prov~elons,t Sr~ll re~in in full force and effect. ] ted by the said MARY J. GRI~ONIS the day and year above written. f STATE OF NEW YORK) C0b~TTY OF SUFFOLK) L{qJl £~ M. ~lerk cf ,~ffolk Cou~ On the 1st day of August 1969, before me personally came MARY ,1. GRIGONIB, to me lmoma to be tho individual doscrihed in and who executed the foregoln~ instrument, 9nd acknowled*ed that 'If closed by examining counsel the cerHfl- cation on the reverse side hereof must also be completed and signed by said examin- Title No. lng ~'ou nseL By whom closed Transa~rlon closed at office of The persons p~esent were: Name REPORT OF. CLOSING Date Closed Address Infered The idenfi~y of the persons executing the papers delivered on closing was established by the following evidence: I (Fee) - To Title policy is to be sentAddress JMtge.) - To Fee [] Mtge. [] policy Address delivered on closing The following instruments were ~eXec~ted · 'K~nd of instrument By CLOSER: Iai Always PRINT Name of Insured fully and eJ~L,write all other names ieglbJy, lb) where 'e two ~sons. indicate whether husband or wife. names-are unusual indicate whether male or , ot paym:e, nrt of any mortgage addresses of all grantees and Other information and recitals $ To or With Daf ed. Recorded L, ., p Trust Clause? Consideration or amount $ , Kind of instrument By To or With Dated Recorded. L. -p Trust Clause? Consideration or amount $ Stamps affixed $. 3. Kind qf insfr~ument By_. To or Doted. Recorded L¥,: ~'k ~ p.. : ..... , TruSt Clouse?.. Consideration 6r omounf $_ 4. Kind of instrument By. · - To or Dated_ . Recorded L p. Trust ClouseT. Considerotior or amount $ REPORT OF CLOSING (Cant'd) Other information end recitals Stomps affixed $ Stamps affixed $_ FOR EXAMINING COUNSEL'S USE~ IN PAYING COMPANY'S CH^RC~ES] Insurance Charges ...................................................................................... $. U. S. Court, Superior Court and Tax Searches ............ $_ Revenue Stem.os Recording ...................................................................................................... $ FOR CASHIER'S USE CASH R~celved c~c~c for $_ on . 19 Total ~ j" (Cashier) The undersigned Certifies,that oil searches have been duly continued from the dote of the Cerfiflcotu of Title furnished by,:the undersigned to ~ of Mi and ~et ~iny 'returns found on Subh confinueti~r~ hove been adequately reflected in so id Certificate {.o,f Title. The ~i~ bstruments num~rbg. ~amining CoUnsel-~ . Adjustments as of CREDITS DEBITS Paid on Contract Purchase Price First Mortgage Int. from ~ % Insurance Second Mortgage Int. from Purchase Money Mortgage Rents Taxes Water Rates Security on Lease Taxes Assessments Fuel Adiustmem Water Rat~s Ass~ssrflcnts Total Debit Total Credit Total Credit Balance Paid The computations and adjus~ents have been made by and between the parties and The Comp.any is relieved f~om all liability in reference thereto. Dated Thc exception$~ag to ~' have been explained to the undersigned and will appear in the policy of insurance when issued. Dated CERTIFICATE OF TITLE THF~ COMPANY PIONEER .N;./I TIONAL TITLF~ I3fSURA.~fCE COMP.4NY Offices /20 BROADWAY, NEW YORK, N. Y. 10005 Other Offices BRONX, 349 EnST 149TH STEEET ERIE, 110 FRANr~LIN STREET, BUFFALO KINGS, 186 REMSEN STREET, BROOKLYN MONROE, 19 M~aN STREET WEST, ROCHESTER NASSAU, 1581 FRANKLIN AVENUE, MINEOLA NEW YORK, MIOTQWN, 6 ~ST 45T~ STR~.ET NIAGARA, 122 NIAGARA.STREET, LO~RPO~T ONONDAGA, 201 EnST JEFFERSON STREET, SYRACUSE ORANGE, 252 Mam STREETs GOSHEN QUEENS, 90'04 161ST STREL~, IA~AICn RICHMOND, 350 S~r. MnE~S pLACE. ST. GEORGE ROCKLAND, 24 So~trra Mare S~,r~r, N~w Crr¥ SUFFOLK, 400 W£ST M&IN S'rREET, RIVERI~EnO WESTCHESTER, O~E NORm BROnOW~,¥, ROAD DEDICATION 0~K~IDGE HILL~ HAP ~555 Application To Lay Out A Town Highway LEFFERTS PAINE ED$ON A'I"'rOI~NEY AT LAW MAIN ROAD SOUTHOLD, N. Y. ~t!~'''~ RECORDE8 LESSER H. ALB EI~'I'sON SIlFFOLI~ MARy J. ~RIGONIS TO · HE ~0~ OF SOU~HOLD DEDICATION OF HIGHWAYS IN HARVEST HOM~M ESTATES, SECTION ONE. WALTER gEORGE KAPp 'il P. /99,$9