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HomeMy WebLinkAboutLUPEN DRIVEIn the Natter of the Laying out of two certain town highways in the Town of Southold, County of Suffolk and State of New York. APPLICATION TO LAY OUT TWO TOWN HIGHWAYS TO THE TOWN SUPERINTENDENT (F HIGHWAYS OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK AND STATE OF NEW YORK: The undersigned, inhabitants of said Town of Southold, liable to be assessed for highway taxes therein, hereby apply to you to lay out two highways at East Cutchogue, in said Town, to be known as "LupenDrive" and "Billsmd Road", and to run as follows: LUPEN DRIVE Lupen Drive begins at monument on the easterly line of Bay Avenue 125 feet northerly along said line from land of Alden and runs thence along the easter- ly line of Bay Avenue north 12 degrees 35' 50" east 50 feet; thence through land of Flora S. Luee and another~ two courses, as follows: (1) south ?? de- ~rees 24' 10" east 90.38 feet; the~C~ (2) north ~0 degrees 12' 50" east 604.61 feet; thence across the northerly end of a proposed highway to be known as Billard Road hereinafter described south 26 de- grees 43' 20" west 62.21 feet; thence through land of said Flora S. Luce and another, two courses, as follows: (1) south 80 degrees 12' 50" west 577.49 feet; thence (2) north 77 degrees 24' 10" west 100.28 feet to the point of beginning. Said proposed Lupen Drive being of a uniform width of 50 feet. BILLARD ROAD Billard Road begins at a monument on the northerly line of Pine T~ee Road 410 feet easterly along said line from land of Bourguignon and ~s thence through land of Flora S. Lute and another north 26 degrees 46' 10" west 281.77 feet to the easterly end of the southerly line of proposed Lupen D~ive hereinabove described; thence across the easterly end of said Lupen Drive north 26 degrees 43' 20" east 62.21 feet to the easterly end of the northerly line of said Lupen Drive; thence through land of said Flora S. Luce and another south 26 degrees 46' 10" east -1 318.77 feet to the northerly line of Pine T~ee Road; thence along said northerly.line of Pine T~ee Road south 63 degrees 13' 50 west 50 feet to the point of beginning. Said proposed Billard Road being of a uniform width of 50 feet, which two proposed highways will pass through the lands of FL(~A S. LUCE and GEORGE L. PENNY, III, who consent to the laying out of said two highways. Hereto annexed and made a part hereof is a certain map showing the course of each of said two proposed high- ways. Dated this ~7-~-~ day of April, 1961. STATE (~ NEW YORK COUNTY OF On this ISS.: day of April, 1961, before me personally came FLORA S. LUOE and GEORGE L. PENNY, III, to me known and known to me to be the individuals described in and who executed the foregoing instx~unent, and acknowledged tome that they executed the same. ROBERT F. DART Notary Public, State of New York No. 52-5922700 Qualified in Suf','oik County Commission Expires t~4arch 30, 1962 -2 - of the Laying out of two certain town highways in the Town of Southold, County of Suffolk and State of New York. DEDICATION AND RELEASE O~ LANDS FOR TWO TOWN HIGHWAYS WHERE~S application has been made to the Town Super- intendent of Highways of the Town of Southold, County of Suffolk and State of New York, for the laying out of two certain town highways at East Cutchogue, in said Town, to be known as "Lupen Drive" and "Billa~d Road", and to pass through the lands of FL0~A S. LUCE and GEORGE L. PENNY, III, the undersigned, NOW, THEREFORE, the said FLORA S. LUOE, residing at Bay Avenue (no st. no.), Cutchogue, New York, and GEORGE L. PENNY, III, residing at New Suffolk Avenue (no st. no.), Mattituck, New York, owners of the lands to be included within said highways, do hereby dedicate, release and con- vey to the said Town of Southold, for highway purposes: ~LL those lots, pieces or parcels of land situate, lying and being at East Cutchogue, in the Town of Southold, County of Suffolk and State of New York, to be known as Lupem Drive and Billard Road, and more fully bounded and described as follows: LUPEN DRIVE Lupen Drive begins at a monument on the easterly line of Bay Avenue 125 feet northerly along said line from land of Alden and runs thence along the easterly line of Bay Avenue north 12 degrees 35' 50" east 50'feet; thence through land of Flora S. Luce and another, two courses, as follows: (1) ~oMth 77 degrees 24' 10" east 90.38 feet; thence 2) north 80 degrees 12' 50" east 604.61 feet; thence across the northerly end of a proposed high- way to be known as Billard Road hereinafter describ- ed south 26 degrees 43' 20" west 62.21 feet; thence through land of said Flora S. Luce and another, two course, as follows: (1) south 80 degrees 12' 50" west 577.49 feet; thence (2) north 77 degrees 24' 10" west 100.28 feet to the point of beginning. -1 - Said proposed Lupen Drive being of a uniform width of 50 feet. BILLARD RO~D Billard Road begins at a monument on the northerly line of Pine Tree Road 410 feet easterly along said line from land of Bourguignon and runs thence through land of Flora S. Lute and another north 26 degrees 46, 10" west 281.77 feet to the easterly end of the southerly line of proposed Lupen Drive hereinabove described; thence across the easterly end of said Lupen Drive north 26 degrees 43' 20" east 62.21 feet to the easterly end of the northerly line of said Lupen Drive; thence through land of said Flora S. Luce and another south 26 degrees 46' 10" east 318.77 feet to the northerly line of Pine Tree Road; thence along said northerly line of Pine Tree Road south 63 degrees 13' 50" west 50 feet to the point of beginning. Said proposed Billard Road being of a uniform width of 50 feet. ~nd the undersigned do certify that the consideration paid to them for this dedication and conveyance was the sum of One ($1.00) Dollars. IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as of this day of April, 1961. F~ora s~. Luce ge L. l'en~, S~TE OF NE~ YORK SS. COUN~ OF SUFFOLK On the/~day of April, 1961, before me personally came FLOP, q S. LUCE and GEORGE L. PENNY, III, to me k~own and known to me to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they executed the same. RECORDED NORMAN E. KLIPP Clerk of Suffolk County -2 - ROBERT F. DART ~Otary Public, State of Naw No. 52-5922700 Qualified in Sa~foi;~ Cockily Commission Expires In the ~atter of the . Layir~ out of two certain to~n . highways in the Town of Southold, . County of Suffolk and State of . New York. . CONSENT OF TOWN BOAKD TO PROPOS- ED T~O TOWN HIGHWAYS Upon reading and filing the application of FLORA S. LUCE and GEORGE L. PENNY, III, dated and acknowledged the t~q~day of April, 1961, and the dedication and release of said FLORA S. LUOE and GEORGE L. PENNY, III, dated the /-Y'U' day of April, 1961, and duly acknowledged, dedicat- ing and releasing the necessary lands for two proposed town highways at East Cutchogue, to be known as "Lupen Drive" and '~illard Road", to pass through the lands of said FLORA S. LUCE and GEORGE L. PENNY, III, and described as follows: LUPEN DRIVE Lupen D~ive begins at a monument on the easterly line of Bay Avenue 125 feet northerly along said line from land of Alden and runs thence along the easterly line of Bay Avenue north 12 degrees 35' 50" east 50 feet; thence through land of Flora S. Luce and another, two courses, as follows" (1) ~o~th 77 degrees 24' 10" east 90.38 feet; thence 2) north 80 degrees 12' 50" east 604.61 feet; thence across the northerly end of a proposed high- way to be known as Billa~d Road hereinafter describ- ed south 26 degrees 43' 20" west 62.21 feet; thence through land of said Flora S. Luce and another, two course% as follows: (1) south 80 degrees 12' 50" west 577.49 feet; thence (2) north 77 degrees 24' 10" west 100.28 feet to the point of beginning. Said proposed Lupen Drive being of a uniform width of 50 feet· BILLARD ROAD Billard Road begins at a monument on the northerly line of Pine Tree Road 410 feet easterly along said line from land of Bourguignonandruns thence through land of Flora S. Luce and another north 26 degrees 46' 10" west 281.77 feet to the easterly end of the southerly line of proposed Lupen Drive hereinabove -1 - described; thence across the easterly end of said Lupen Drive norSh 26 degrees ~B' 20" east 62.21 fees to She easSerly end of the norSherly line of said Lupen Drive; thence through land of said Flora S. Luce and another south 26 degrees ~6' 10" east 318.77 fees to the norSherly line of Pine T~ee Road; Shence along said northerly line of Pine Tree Road south 63 degrees lB' 50" west 50 fees ~o the point of beginning. Said proposed Billa~d Road being of a uniform width of 50 feeS, it is RESOLVED that, in accordance wish the provisions of Section 171 of the Highway Law of the StaSe of New York, consenS be, and the same hereby is, given Shat She Town Superintendent of Highways of She Town of SouShold make an order laying out the aforesaid Swo Sown highways, She said SWo Sown highways to consisS of the lands above-described and described in the said dedication and release and So extend as delineaSed upon the map hereto annexed, all in accordance with the provisions of She section and law afore said, and it is further RESOLVED that the Town Clerk be, and he hereby is, directed forthwith to 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. Dated, ~ ~ 1961. oF COUNTY~FOLK Sup e ~v~s or Justice or S~e Peace Justice of the Peace -2 - ~ counolzman -3- In the Matter . of the Layin~ out of two certain town . highways in the Town of Southold, . County of Suffolk and State of . New York. . e ORDER L~YIN~ OUT TWO HIGHWAYS ON RELEASE FROM OWNERS ~pplication having been duly made for the laying out of two town highways at East Outehogue, in the Town of Southold, County of Suffolk and State of New York, to be known as "Lupen Drive" and "Billard Road", the lands to be included within said highways being more fully described in said application and hereinafter, and a dedication and release from the owners of the lands through which the highways sme proposed to be opened having been given, NOW, TH~E~0~E, I, the Town Superintendent of Highways of the Town of Southold, County of Suffolk and State of New York, do hereby dete~nlne and order that two town high- ways shall be, and the same ame, laid out in said Town as follows: LUPEN DRIVE LupenDrive begins at a monument on the easterly line of Bay Avenue 125 feet northerly along said line from land of Alden and runs thence along the easterly line of Bay Avenue north 12 degrees 35' 50" east 50 feet; thence through land of Flora S. Luce and another, two courses, as fol}ows: (1) south 77 degrees 24' 10" east 90.38 feet, thence (2) north 80 degrees 12' 50" east 604.61 feet; thence across the northerly end of a proposed highway to be known as Billard Road here- inafter described south 26 degrees 43' 20" west 62.21 feet; thence through land of said Flora S. Luce and another, two courses, as follows: (1) south 80 degrees 12' 50" west 577.49 feet; thence (2) north 77 degrees 24. 10" west 100.28 feet to the point of beginning. Said proposed Lupen Drive being of a unifo~mwidth of 50 feet. -1 - BILL~tD R0~D Billard Road begins at a monument on the northerly line of Pine Tree Road 410 feet easterly along said line from land of Bourguignon and runs thence through land of Flora S. Luce and another north 26 degrees 46' 10" west 281.77 feet to the easterly end of the southerly line of proposed Lupen Drive hereinabove described; thence across the easterly end of said Lupen Drive north 26 degrees 4B' 20" east 62.21 feet to the easterly end of the northerly line of said Lupen Drive; thence through ~and of said Flora S. Luce and another south 26 degrees 46' 10" east B18.77 feet to the northerly line of Pine Tree Road; thence along said northerly line of Pine Tree Road south 6B degrees lB' 50" west 50 feet to the point of beginning. Said proposed Billard Road being of a uniform width of 50 feet. ~TOWN UUM~-~A~i OF HIGHWAYS -2- INSLIR N THE TITLE GUARA3rTEE COMPA3rY S. ~o.sibcPa~ioH Of the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of unmarketability of the title of the insured to or in the premises, or by reason of liens or incumbrances affecting title at the date hereof, or by 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, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth in Schedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compli- ance by the insured with the stipulations of said conditions, and not otherwise. has caused this policy to be signed and sealed on its date of issue set forth herein. ~gent Executive Vice-President F THIS POLICY]~ Section 1 DEFINITIONS (a) Wherever thc term "insured" is used in this policy it includes those 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 those to whom the insured has assigned this policy where such assignment is permitted by the terms hereof, and whenever the term "insured" is used in the conditions of this policy it also includes the attorneys and agents of the "insured." (b) Wherever the term "this company" is used in this policy it means The Title Guarantee Company. (c) Wherever the term "final determination" or "finally deter- mined" is used in this policy, it means the final determination of a court of competent jurisdiction after disposition of all appeals or after the time to appeal has expired. (d) Wherever the term "the premises" is used in this policy, it means the property insured herein as described in Schedule A of this policy including such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in thc office of the recording officer of thc county in which property insured herein lies. Section 2 DEFENSE AND PROSECUTION OF SUITS (a) This company will, at its own cost, defend the insured in all actions or proceedings fuundcd on a claim of title or incumbrance not excepted in this policy. (b) This company shall have the right and may, at its own cost, maintain or defend any action or proceeding relating to thc title or interest 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, thc insured shall secure to it thc right and opportunity to maintain or defend thc action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to usc therein, at its option, its own name or thc name of the insured. (d) Thc provisions of this secdon shall survive payment by this company of any specific loss or payment of thc entire amount of this policy m the extent that this company shall deem it necessary in recovering thc lo~s from those who may be liable therefor to thc insured or to this company. Section 3 CASES WHERE LIABILITY ARISES No claim for damages shall arise or be maintainable under this policy except in thc following cases: (a) Where there has bccn a final determination under which thc insured may be dlspo~cssed, evicted or ejected from the premises or from some part or undivided share or interest therein. (b) Where there has been a final dctcrminatlon adverse to thc title, upon a lien or incumbrance not excepted in this policy. (c) Where thc insured shall have contracted in good faith in writing to se]] the insured estate or interest, or where the insured estate has been sold for the benefit of the insured pursuant to the judgment or order of a court and the title has been rejected because of a defect or incumbrance not excepted in this policy and there has been a final determination sustaining the objection to the tide. (d) Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior lien or 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- mination sustaining the refusal because of a defect in the tide 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 tide 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 the insured shall have transferred the title insured by an instrument containing covenants in regard to title or warranty thereof and there shall have been a final determination on any of such cove- nants or warranty, against the insured, because of a defect or incum- brance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that the insured is not entitled to a full award for the estate or interest taken because of a defect or incumbrance not excepted in this policy. N.o claim for damages shall arise or be maintainable under this policy (1) if this company, after having received notice of an alleged defect or incumbrance, removes such defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. Section 4 NOTICE OF CLAIM In case a purchaser or proposed mortgage lender raises any quesdon as to thc sufficiency of the tide hereby insured, or in caac actual knowledge shall come to the insured of any claim adverse to thc tide insured hereby, or in case of thc 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 impugn, attack or call in question thc validity of thc title hereby insured, thc insured shall promptly notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in thc future prejudice this company. Section 5 PAYMENT OF LOSS (a) This company will pay, in addition to thc lnss, ail statutory costs and allowances imposed on thc insured in litigation carried on by this company for the insured under thc terms of this policy. This company shall not be liable for and will not pay the fees of any counsel or attorney employed by thc insured. (b) In every case where claim is made for loss or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may involve liability under this policy; or (2) may termi- nate its liability hereunder by paying or tendering thc full amount of this policy; or (3) may, without conceding liability, demand a valua- tion of thc insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by thc insured and one by this company, and thc two thus chosen selecting an umpire. Such valua- tion, less the amount of any incumbrances on said insured estate and interest not hereby insured against, shall be thc extent of this com- pany's liability for such claim and no right of action shall accrue hereunder for thc recovery thereof until thirty days after notice of such valuation shall have been served upon this company, and thc insured shall have tendered a conveyance or assignment of thc insured estate or interest to this company or its designee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold (c) Liability to any collateral holder of this policy shall not exceed thc amount of thc pecuniary interest of such collateral holder in the premises. (d) All payments made by this company under this policy shall reduce thc amount hereof pro tanto except (1) payments made for counsel fccs and disbursements in defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allow- ances imposed on thc insured in such actions and proceedings and (2), if thc nsured is a mortgagee, payments made to satisfy or subordi- nate prior liens or incumbrances not set forth in Schedule B. (c) When liability has been definitely fixed in accordance with the conditions of this policy, thc loss or damage shall be payable within thirty days thereafter. C~ND~I~NS CONTINUED ON 2N$IDE B,ACK COVER · o~ * e.so. v.o~ ~ ~I~'l~ ~UHP,~N2"E~ 'C, OMPH.~ Name of Insure~[ TO~N OF ~O~OI~D The estate or interest insured by fhb policy ~s fee simple Pol;cy No. 1232849 Amount of Insurance $ 2sO00.O0 Date of Issue 4/12/61 vested in fha insured by means of Dedication and Release of Lands for Two Town Highways made by Flora S. Luce and George L. Pena~, III, dated 4/12/61 recorded 5/11/61 in Liber 4985 cp 2 52. SCHEDULE B The following estates, interests, defects, obiections 1O title, liens and incumbrances and other m~tters are excepted from the coverage of this policy= I. Defects and incumbrances arising or becoming a llen after the delo of or the rlghf 1O mainteJn therein vaults, tunnels, ramps or any other sfruc- this policy, except as herein provided. t 2. Consequences of the exercise end enforcement or attempted enforcement of any governmental 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, obiecfions, 1lens or incumbrances created, suffered, assumed or agreed 1O, by or wlfh the privily of the insured. 5. Title to any property beyond the nee of the premises or to +he land in any streets, roads, avenues, Janes or ways on which the premises abut, tufa, or improvement or any rights or easements therein unless this policy speC~ica y provides that such lands rights or easements are insured: ex- cept that if the premises abut upon a physically open street or highway, this policy, unless otherwise excepted, insures the ordinary rights of access and ecjmss belonging to abutting owners. 6, Compliance by the buid ngs or other erections upon the premises or their use with Federal, State and Municipal laws, ragu arians and ordi- 7. Tire to any personal property, whether the same be attached to or used in connection with said premises or otherw se. ~. An~s rate of facts a personal inspection or accurate survey of the premises might disclose. B. The description contained in Schedule A is not guaranteed without a survey to be made and submitted to the Oompeny. SCHEDULE "B" OF THIS POLICY COI~SIST$ OF SHEET(S), ?oe ° ~.~o . ,ok THE T1TL~ GU.4P~J~EE ¢OMPJ~~'~' Policy No. 1~328~9 SCHEDULE A The premises in which the insured h~s the estate or interest covered by fhis policy ALL those lots, pieces or parcels of land, situate, lying and being at East Cutchogue, in the Town of Southold, County of Suffolk and State of New York, known as Lupen Drive and Billard Road, and more fully bounded and described as follows: LUPEN DRIVE Lupen Drive begins at a monument on the easterly line of Bay Avenue 125 feet northerly along said line from land of Alden and runs thence along the easterly line of Bay Avenue north 12 degrees 35 minutes 50 seconds east 50 feet; THENCE through land of Flora S. Luce and another, two courses, as follows: /~I south ~ degrees 24 minutes 10 seconds east 90.38 feet; north degrees 12 minutes 50 seconds east 604.61 feet; THENCE across the northerly end of Billard Road hereinafter described south 26 degrees 43minutes 20 seconds west 62~21 feet; THENCE through land of said Flora S. Luce and another, two courses, as follows: /~I south 80 degrees 12 minutes 50 seconds west 577.49 feet; north 77 degrees 24 minutes l0 seconds west 100.28 feet to the point of beginning. Said Lupen Drive being of a uniform width of 50 feet. BILLARD ROAD Billard Road begins at a monument on the northerly line of P~ne Tree Road 410 feet easterly along said line from land of Bourguign~n and runs thence through land of Flora S. Luce and another, north 2b degrees 46 minutes l0 seconds west 281.77 feet to the easterly end of the southerly line of Lupen Drive hereinabove described; THENCE across the easterly end of said Lupen Drive north 26 degrees 43 minutes 20 seconds east 62.21 feet to the easterly end of the northerly line of said Lupen Drive; THENCE through land of said Flora S. Luce and another, south 26 degrees 46minutes l0 seconds east 318.77 feet to the northerly line of Pine Tree Road; THENCE along said northerly line of Pine Tree Road south 63 degrees 13 minutes 50 seconds west 50 feet to the point of beginning. Said Billard Road being of a uniform width of 50 feet. CONDITIONS CONTINUED FROM INSIDE FRONT COVER Section 6 CO-INSURANCE AND APPORTIONMENT (a) In the event that a partial loss occurs after an alteration or improvement subsequent to thc date of this policy, and only in that event, thc insured becomes a co-insurer to thc extent hereinafter set forth. If the cost of the alteration or improvement exceeds 20 per centum of the amount insured hereunder, such proportion only of any partial loss established shall be borne by this company as 120 per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the alteration or improvement. This danse shall not apply to counsel fees and disbursements in- curred by this company in defending or prosecuting actions or pro- ceedings in behalf of the insured pursuant to the terms of this policy or to costs imposed on the insured in such actions or proceedings. This clause shall not apply to losses which do not exceed in the aggregate an amount equal to one per centum of the face amount of this policy. This company will pay such fees, disbursements, costs and lasses with- out contribution by the insured. (b) If the premises are divisible into separate, independent parcels, and a loss is e~tablished affecting one or more but not all of said parcels, the 1o~ shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels, exclusive of improvements made subsequent to the date of this policy. (c) Glauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor. (d) If, at the time liability for any loss shall have been fixed pur- suant to the conditions of this policy, the insured holds another policy of insurance covering the same loss issued by another company, this company shall not be liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of insurance' held by the insured, unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or insurers. Section 7 ASSIGNMENT OF POLICY If the interest insured by this policy is that of a mortgagee, this policy raay be assigned to and shall inure to thc benefit of successive assignees of thc mortgage without consent of this company or its cn- dorsement of this policy. Provision is made in the rate manual of New York Board of Title Underwriters filed with thc Superlntcndcnt of Insurance of the State of New York on behalf of this and other member companies for contiimation of liability to grantees of thc insured in certain specific circun~stances only. In no circmnstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other instru- ment of transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. Section 8 SUBROGATION (a) This company shall to thc extent of any payment by it of loss under this policy, be subrogated to all rights of thc insured with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so trans- ferred shall be subordinate to any remaining interest of thc insured. (b) If the insu~'cd is a mortgage% this company's right of subroga- tion shall not prevent the insured from releasing thc personal liability of thc obligor or guarantor or from releasing a portion of the premises from thc lien of thc mortgage or from increasing or otherwise modify- lng thc insured mortgage provided such acts do not affect thc validity or priority of the lien of thc mortgage insured. However, thc liability of this company under this policy shall in no event be increased by any such act of the insured. Section 9 MISREPRESENTATION Any untrue statement made by the insured, with respect to any material fact, or any suppr~sion of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. Section 10 NO WAIVER OF CONDITIONS This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. Section 11 POLICY ENTIRE CONTRACT All actions or proceedings against this company must be baaed on the provisions of this policy. Any other action or actiom or rights of action that the insured may have or may bring agnimt tiffs company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be reatrictx, d to its terms and conditions. Section 12 VALIDATION AND MODIFICATION This policy is valid only when duly signed by a validating officer or agent. Changes may be cffccled only by written endorsement. If the recording date of thc instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessment~, water charges and sewer rents. ENDORSEMENTS A Valuable Document Insurance THE TITLE GUARANTEE COMPAArY Title Insurance Throughout NEW YORK, NEW JERSEY, CONNECTICUT, MASSACHUSE"VF$, MAINE, NEW HAMPSHIRE VERMONT AND GEORGIA HEAD OFFICE 176 BROADWAY, .*YEW YORK CITY IIIIIIIIIIIIIIIIII111111111111111111111111111111111111111111111111111111111 . CERTIFICATE OF TITLE ~~~~[~1~~ ~eefifie5 fo Robert F. ~rt, Esq. ~in Road ~tcho~e, New York that it has examined title to the premises described in Schedule A in accordance with its usual procedure and agrees to issue its standard form of insurance policy in the amount of $ ~s 000. O0 insuring fee title and the marketability thereof, after the closing of the transaction in conformance with procedures approved by the Company excepting (a) all loss or damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth herein that are not disposed of to the satisfaction of the Company prior to such closing or issuance of the 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. q~i5 ~eefificate 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 to disclose any material fact or if any untrue answers are given to material inquiries by or on behalf of the Company (3) upon delivery of the policy. Any claim arising by reason of the issuance hereof shall be restricted to the terms and conditions of the standard form of insurance policy. If title, interest or lien to be insured was acquired by the prosPective insured prior to delivery hereof, the Company assumes no liability except under its policy when issued. MAY AFFECT MARKETABILITY OF TITLE. YOUR LAWYER SHOULD BE CONSULTED BEFORE TAKING ANY ACTION RASED UPON THE CONTENTS HEREOF. THE COMPANY'S REPRESENTATIYE AT THE CrosrNa ttER£UNOER MAY NOT ACT AS revAL AOYISOR TO ANY OF THE PARTIES OR DRAa' LEaAL INSTRUMEntS EOR THEM. SUCH R£eRESENrATIVE IS eERMITT£O TO RE or ASSISTANCE OnLy TO An ATTORNEY. tr IS A O VISA ZLE TO .VA ge Tour A rrORNE Y ~'RESENr A T rnE ct.osin~. Dated 9 A.M. 4/5/61 Premises in Section Block Redated 9 .4 .M. on land map of County of Suffolk Will be pleased to con/er on any qttestions concernittg this certificate See Over P~ge for General Exceptions from Coverage IlJllllllllllllllllllllllllllllllllllllllllll HIIIIIIIIIIIIIIIIIIIIIiiiIIJll IF TH~ INSURED CONTEMPLATES MAKING IMPROVEMENTS TO THE PROPERTY COSTING MORE THAN 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. 4. 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 to the land in any streets, roads, avenues, lanes~r ways on which the premises abut, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement or any rights or easements therein Unless this policy specifically provideg that such lands, rights or easements are insured; except that if the premiseS:abut upon a physically open street or highway, this policy, unless other- wise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Compliance by the buildings or other erections upon the premises or their use with Federal, State and Municipal laws; regulations and ordinances. 7. Tifl~ 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 the word "trim" is used in any survey exceptions from coverage, it shall be deemed to include, roof cornice, show window cornice, lintels, s'flls, window trim, entrance trim, bay window cornices, mouldings, belt courses, water tables, keystones, pilasters, portico, balcony all of which project beyond the street liqe. : 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. This certificate returns only such conditional hills of sale as are properly filed and indexed for the three years last past against the real property herein described in the Register's office of the county in w~ch said property is Io~ated~ or, if there i~ao R_egister's office therein, then in the County Clerk's office thereof. Where a block system is used, only such bills as are indexed against the proper block are returned. ' ' ' No search has been made for chattel mortgages, because we do not insure the title to personal property. We will, upon request and in connection with the issuance of a policy of title insurance prepare a chattel mortgage search for an additional charge. Our liability in connection with such ch~/ttel m6rtgage search is limited to $1000. Title No. la3 849 THIS COMPANY CERTIFIES that o good end marketable title to the premises described in Schedule A, subject to the liens, incumbrances and other matters, if any, set forth in this certificate mey be corlveyed by: FLORA S. LUCE and GEORGE L. PENNY III Source of title Inspection discloses by deed from Pearl Wells Alden and Mason Billard Wells datgd 1/23/59 recorded ~/~5/59 in L~ber ~591 cp ~6. None made In Suffolk County. DixpoJ'ition We set forth the additional mailers which will appear in our policy 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 end assessments set forth herein. 2. Mortgages returned herewith and set forth herein. ( Nolle ) 3. Any state of facts which an accurate survey might shawl.NsERT NUMBER 4. Survey exceptions set forth herein. 5. A~davif of Title will be required on closing. There ere no restrictive covenants, conditions or easements of record unless set forth imme- diately following. A. Except any state of facts a personal inspection of the premises m/ght disclose. ~.c~(,~ B. Proof is required showing that Flora $. Luce has not been :~k ,~_,' 5 known by any other ma_wried or maiden name during the past 10 years; or such other name must be revealed to the Company and our searches amended to cover. C. The description contained in Schedule A is not guaranteed ~. without a survey to be made and submitted to the Company. The closlnc requirements set forth on the following page ere e pert of thk cerfificete and must be complied with. A duplicate copy of the exceptions is furnished you with the thought you may wish to tronsmlt, with or wffhouf any of the other exceptions in the title report, to the attorney for the owner of the property and thereby facilitate the cieering of the obiections prior to closing. ?oe * a-eo . 3oM THE TITLE GUAt~'TEE COMP.4.h"F Title No. 11k~6~9 SCHEDULE A ~or~ full7 bot~mde~ ar~ des~lb~ as follo~: '-' "~'~ "~ ~ ~hrou~ land of Flor~ S. Luce and another, t~o ecur~, aB 100.~ t~t to the feet. ~ be~lr~ at a mo~a~t on the ~therly line ~ ~ ~ I0 ~ ~t ~18.~ f~t to the no~t~ly of ~ ~ ~I For Conveyancing Only Together with all right, title and interest of, in and to any streets and roads abutting the above described premises. Our polkies of title insurance include such buildings and improvements thereon which by law constitute real property. Now is the time to determine whether we hove exomined dl of Se property end eosements which you desire to be insured. If there are eppur- tenant easements to be insured, please request such insurance. In some cases, our rate manu~l provides for on addltlonaJ chorge fc~r such insurance. Disposition CLOSING REC~UIREMENTS AND THE DISPOSITION THEREOF These requirements are a part of this Ceffificate and must be complied with: I. IDENTITY OF ALL PERSONS executing the papers delivered on the closing must be established to the satisfaction of this company. Therefore, the affidavit of title which follows must be properly executed. II. WIFE OF ANY OWNER must ioin in executing all deeds, leases and mortgages excerpt purchase money mortgages) if the title was acquired by the husband and the marriage occurred prior to beptember I, 1930. If the title was acquired before that date and the marriage occurred after that date, the date of the marriage and the fact that the husband was not previously married should be set forth in the affidavit of title. Ill. ALL CONTRACTS must be submiffed for consideration at or prior to closing of time. IV. PROVISIONS of fha Federal 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. I. IN MORTGAGE TRANSACTIONS, the amount actually advanced should be stated. If fha mortgage, other than a purchase money mortgage, is made by e corporation, consent to the execution thereo{ must be obtained, in recordable form, from the holders of not less than two-thirds of the total num- ber of shares of capital stock outstanding entitled to vote thereon, and the usual certificate of such consent must be filed and recorded in the county in which the mortgage is recorded in accordance wlfh Section 16 of the Stock Corporation Law. ff Mortgagor is e foreign corporation, consider its cer- tificate of incorporation and by-laws and the laws of the state of its incorporation to determine if there are any further requirements. 2. IN BUILDING LOAN TRANSACTIONS, the contract must be filed as required by the Lien Law, and all advances thereunder must be made in accordance with the terms of such contract. All searches should be contlnued for each advance and the Company notified of the date and amount of each advance. Applicant must decide whether a survey or surveys should be obtained before making any advance. since, in the absence of a new survey or the redating of the existing survey to the date of each advance, the policy in such cases will except any changes which might have occurred since the date of the survey used herein or will except an~; state of facts which an accurate survey may show, if no survey protection has been ordered. VI. ESTOPPEL CERTIFICATES: If an assignment of an existing mortgage or other lbn is to be insured, proper estoppel certificates executed in recordable form by the oz~mers of t/~e Je~ and of ~bseq~ent encu~n- br~ces must be obtained before fha closing of the title. VII. FRANCHISE TAXES: If the party certified to execute the closing instruments is a corporation, possible unpaid corporation franchise taxes becoming liens after the date of this Certificate will be excepted from coverage under our policy. This applies also fo a corporation acquiring title after the date of this Certificate and executing any of the closing instruments. VIII. DEED IN LiEU OF FORECLOSURE: Where the Company is asked to insure title fo the grantee in a conveyance made to avoid foreclosure or in any other case which does not involve an actual sale of the ~roperty, the policy will contain the following exception: "Possibility of the transfer, conveyance or deed elng attacked or set aside under the Bankruptcy Law, by reason of a petition in bankruptcy being filed by or against the grantor within one il) year of the date of recordln,g, of said conveyance and any loss or damage from claims or rights, if any, of the creditors of the grantor. This exception may be eliminated only on approval of Counsel after the Company is furnished with satisfactory proof in affidavit form of the solvency of the grantor, the fairness of the transaction and, if the grantor is a corporation, the consent of all stockholders. iX. RESOLUTION OF BOARD OF DIRECTORS: If the par~ certified to execute the dosing instruments is a corporation, a resolution of the Board of DirectOrs authorizing fha deed, the mortgage or other instru- ment to be insured must be furnished. X. CONTINUATION OF SEARCHES: This Company must be notified immedbtely of the recording or the filing, after the date of this Certificate, of any instrument and of the discharge or other disposition of any mortgage, judgment, lien or any other matter set forth in this Certificate and of any change in the transaction fo be insured or the parties thereof. The continuation will not otherwise disclose the disposition of any lien. XI. TRUST CLAUSE: Mortgages must contain fha trust clause required by subdivision 3 of Section 13 of the Lien Law and deeds must contain the trust clause required by subdivision B 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 to accept instruments which contain a reference to a survey even in the "subject" clause. Xlll. 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 REGISTER'S OR COUNTY CLERK'S OFFICE. FORM OF AFFIDAVIT OF TITLE ON REVEP. St~ SIDE. S~'~fe of New York, Coun~ of I reside at NO. I am the * dwner in f~e simple Of premises and fha grantee AFFIDAVIT OF'TITLE ss.: · ', being duy ~worn~ says: described in a certain deed Of,said premises recorded in the Register's Office of County in Liber of Conveyance~, page Said premises have been in ~t~ possession since 19 ; that ~t~ possession thereof has been peace- able and Jndlsturbed. and the title thereto has never bee. n disputed, questioned-or re:acted, nor insurance thereof~ refused, as far as I know. I know of no facts by reason of which said possessbn or title might be called in question, or by reason of which any claim to any part or_said premises or any interest therein adverse to ~ might be set up. There are no Federal tax claims or liens assessed or filed against ~ . There are no judgments again~ ~' unpaid or unsefis~ed of record ~nfered in any ¢ouct of this state, or of the United States, and said prembe~ are, es 'fa~ As .I ~now, free from ell leases, .mortgages, taxes, assessments, wafer chaFges, sewer rents and othe~ liens and encumbrances, excep~ Said prembes are now occupied by No procead'ings in 0ankruptcy have ever been instituted by or against Vt* in any court or before any officer of any state', or of the United States. nor ~o~it at any time made an assignment for the benefit of creditors, nor an,e/ssignment, now in effect, of the rents of said premise~ or any part thereof. *1 am a citizen of th~ United State~s, and am more than 21 years old/I am by occupation · I am married to who is over the age of 2J years aha is competent to convey or mortgage real e~tate. I was married tO her on the day of 19 . have never been rnarr[ed to any other person now living, have not been known by any other name durbg the past ten years. *That the charter of said corporation ~s in f~ I force and effect and no proceeding is pending for its disso- lution or annulment. That all license aha franchise taxes due and payable by said corporation have been paid in full. There are no actions pending affecting said premises. That no repairs, alterations or improvements have been made to said premises which have not been completed more than four months prior to the date hereo£ There are no facts known to me relating to the title to said premises which have not been set forth in this affidavit. T~is at'davit'is made to induce to eccel:r~ a ~ said premises, end ~ induce 'I'Ve Title G~rentea Company fo issue its.policy of title insurance numbered above covering said premises knowing that 'they will rely on, the statements herein made. Sworn to before me this day of , 19 Title No. 1232849 The Title Guarantee Company hereby certifies that the premises described in Schedule "A" in the above numbered title report are in- cluded in the following described assessment on the 1960/61 Tax Roll of the Town of South- old, assessed in the name of Flora S. Luce and another; North by Stoutenburgh-Billard East by District Line South by Pinetree Road West by Bay Avenue 23.2 acres The 1960/61 Town and School Taxes on the above assessment amounting to $249.64 were paid in full December 24th, 1960, Receipt No. 03405. All prior Town and School Taxes have been paid and there are no arrears or open sales affecting the same. Dated: Riverhead, N.Y. April 19, 1961 THE TITLE GUARANT~.~. COMPAFf Title No. The unpaid faxes, water rates, assessments and other matte'rs relating fo faxes which are liens at the date of this certi- ficate are set forth below. Our pollcy does not insure against such items which have not become a lien up to the date of the policy or installments due after the date of fha policy. Neither our tax search nor our policy covers any part of streets on which the premises to be insured abut. If the fax lots above mentioned cover more or ]ess than the premises under examination, this fact will be noted herein. In such case, the interested parties should fake the necessary steps fo make fha fax map con- form to the description fo be insured. Disposition Section Block Lot FOr inforrnat;od bnly, we set forth the assessed valuation for the current year: Land Total Returns Tax Search to follow... Recent payments of any open items returned on th{s tax search may not yet be reflected on the public records. There/ore please request the seller or borrou,e~ to have the receipted hills available at the closing. be completed and signed by said examin- ing counsel. By whom dosed Transaction dosed aC-office of . Title No. REPORT ~)F CLOSING Date Closed . The person~ present were: Name ...... ,~ddr~ss ~ ' - "Interest' The identity of fhe'per~ons executbg the papers delivered on closing was established by the folb~ing evidence: Title policy is fo be sent (Fee) - To ' Address .. Fee [] Mtge. [] po/~-'y IMfge.} -,~To., · delivered orL~J0~g Address The following instruments were executed end delivered h K~nd of ~nstrument By To or With De~d ...... Recorded L, p, Trust Clause?.__ Cons deref on or amountr $ 2. Kind ~ instrument By To or With Dated Recorded ! p- . Trust Clause? Conslderatbn or amount $_ CLOSER: (e} Always PRINT Nerne of Insured fully end completely end write ell other hemes legibly. (b) where therb-are two persons, indicate whether husbend or wife. feC) if first names are unusual ind cate whether mele or male. Abstract fully terms of peymenf of any mortgege delivered on closing. Show eddresses of ell grentees and individual mortgegees. Other bformaf?on and redfels Stamps affixed $ Stamps affixed $ Kind of instrument _ By_. REPORT OF CLOSING (Cant'd) Other information and recitels .Stamps affixed $. To or With Da _ Recorded L, ~ : p- Trust Clause?.. : Consideration or amount $., ,: ~'. Kind of instrument Stamps a~xed $. To or With Dated. Recorded L .p. Trust Clause? Consideration or amount $ Insurance Charges ................................ i...~i ............ i .................................... $ U. S. Court, Superi°r Court and Tax Searches ............ $ Revenue Stamps ......................................................................................... $ Recording ..................................................................................................... $ $. Tolal $ [FOR EX~MINJNG CO,,U, NSEL'S USE~ ~,IN P,~YIN~ coMp^NYS CHARGES] FOR CASHIER'S USE Received CASH CHECK for on ., 195 ~ (Cashbr) The undersigned Certifies :that al...~l searches have been duly continued from the date of the Certificate of Title furnished by the undersigned to at M. end that any returns found on such continuation have been adequately reflected in said Certificate of Title. The ~lo~incj bsfruments numbering have been abstracted above. No other instruments were dehge'r~l :on closing. ' r ~ ' Ex~l.ng C~ounsel © © 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 Adjustment Water Rates Assessments Total Debit l'otal Credit Fotal Credit Balance Paid The computations and adjustments have been made by and between the parties and The Title Guarantee Com- pany is relieved from all liability in reference thereto. Dated .The exceptions as to have been explained to the undersigned and will appear in the policy of insurance when issued. Dated CERTIFICATE OF TITLE THE TITLE GUARANTEE COMPANY 176 BROADWAY, NEW YORK 38, N. Y. Other Offices BRONX, $49 EAST 149TH STREET ERIE, 110 lhtANto~ll~ STgEgT, BUFFALO KINGS, 186 P~SEN STREgT, BROOKLYN MONROE, 33 ~cn~sc~ ST~T, R0c~ NASSAU, 1581 ~KLIN AVEN~g, MINgOL* NEW YO~, MmTOWN, 6 E~ 45TH STgEET NIAGA~ 122 N~a~na~ STg~ET, LOCgPOgT ONANDAGA, 201 Ea~ J~r~ams STa~, S~ancvs~ QUEENS, ~-04 161~ STgEET, RICHMOND, 30 Bag STarT, ST. SUFFOLK, 303 GRIVFINC AVENUE, RIVERHgAD WESTCHESTER, 70 Ganao STaggT, WroTE PLn~S New Jersey BERGEN, 19 BritTS PLnc~, HnCKE~SnCK ESSEX, 1180 R~gao~ BOVLgWgO, N~WngK Zn the Matter of the Layir~ out o£ two certain to~l h~&hways in the To~n of Southold, County of Sufffolk and State of New York. D~IORTI~ PAI'ER~ R~- LUPEN. DRIVE, AND BTr.~,~SJ~D ROBERT F. DART FLOI~ S. LUCE and GlO,GE L. I~ENI~Y, ITT TO~ (:~ $OUTHOLD The ].and affected by the ~J. thln lnstm~nent lles tn / ~ of Southold, Co~ o~ ~fo~.~ ~ / /-¢/G/¢ Vv'/~ Y,~