HomeMy WebLinkAboutSidor, John & Catherine ] JEAN W. COCHtLkN
Supervisor
GREGORY F. YAKABOSKI
TOV,~I ATTORNEY ~o~ Town Hall, 53095 Route 25
P.O. Box 1179
M.~Y C. V~-LSON k~k'~ Southold, New York 11971-0959
ASSISTANT TOWN ATTORNEY ~ Telephone (631) 765-1889
Fax (631) 765-1623
E-rnaiI: towaaattorne3~soutlaold.org
OFFICE OF TIlE TOWN ATTORNEY
TOSVN OF SOUTItOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: August 6, 2001
Re: John $idor, Jr. to Town of $outhold
Development Rights Easement Purchase
SCTM #1000-107-10-6.3
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Suffolk County Clerk's Office Recording Page
· Suffolk County Recording & Endorsement Page
· Original Deed of Development Rights dated June 25, 2001, between John Sidor, Jr.
and the Town of Southold, recorded in the Suffolk County Clerk's office on 7/10/01,
in Liber D00012128 at Page 744.
Thank you.
Greg
/md
enos.
cc: Melissa Spiro, Land Preservation Coordinator w/enos.
Assessors w/enos.
Town Board w/o enos.
Land Preservation Committee w/o enos.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD Recorded: 07/10/2001
Number of Pages: 8 At: 04:13:21 PM
TRANSFER TAX NUMBER: 00-45083 LIBER: D00012128
PAGE: 744
District: Section: Block: Lot:
1000 107.00 10.00 006.003
EXAMINED AND CHARGED AS FOLLOWS
Deed A~ount: $159,552.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $24.00 NO Handling $5.00 NO
COE $5.00 NO EA-CTY $5.00 NO
EA-STATE $25.00 NO TP-584 $5.00 NO
Cert.Copies $0.00 NO RPT $15.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm. Pres $0.00 NO
Fees Paid $84.00
TRANSFER TAX ~ER: 00-45083
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
AUG -
TOWN ATTORNEY'S OFFICE
TOWN OF SOU'D-IOUD
JOSHUA Y. HORTON
GREGOR~ F. YAI(ABOSKI Supervisor
TOWN ATTORNEY
Town Hall, 53095 Route 25
P.O. Box 1179
KATHLEEN MURRAY Southald~ New York 11971-0959
ASSLSTANT TOWN ATTORNEY Telephone (631) 765-1939
e-mail:
greg.yakabeskiCwto~.southold.ny.us
PATRICIA A. FINNEGAN kathleemmurray@fiown_southold.ny.us
ASSIST,UT TOWN ATTORNEY patricia.finnegan~¢owr~southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TO~VN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: January 3, 2003
Re: JOHN SIDOR, JR. & CATHERINE SIDOR to TOWN OF SOUTHOLD
SCTM #1000-107-10-6.3 & 1000-107-10-3.2
Development Rights Easements
Betty:
Enclosed for safekeeping in your office, please find the following document in relation to
the above closing that was held on ,June 25, 2001:
· Original Title Insurance Policy #RH70993176 issued by Commonwealth Title
Insurance Company in the amount of $381,276.00
Please keep this policy with the original recorded deeds that were previously forwarded to
your effice on August 6, 2001.
Thank you.
Greg
/md
enc.
cc: Melissa Spiro, Land Preservation Coordinator w/enc.
CO~,~,tONW~ALTH L~_Nq) Trv_~ INSOI~,NCE COMP~ OWNER*S POLICY OF TITLE INSURANCE
· Commonwealth
in ~he Conditions ~md stipulmfions.
COMMON%VEALTH LAND TITLE INSURANCE COMPANY
EXCLUSIONS FROM COVERAGE
knm~ledge.
(c) resulting in no loss or damage ro the insured ¢Iaimanr;
NM 1 PA10
ALTA Owner's Policy (10/17/92) Valid only if Schedules A and B and Cover are attached
Face Page
Form 1190-1A ORIGINAL
~ f~O. 607 P.
.TUFI.~.~881 ~ 11:04R~ '
File No,: RH70993176
SCHEDULE A
ommonwealth
'. An18u~'of ~.~,. ~ug~nr, e: ~381~76.00. P~licy No.: RHTOg93176
' Date ~P~II~. JUNE~25, .2~1 '
I,. 'Na~ ~ I~sured::
2, - Th~e~ocjl~te.~.~ I.nd whl~ is ~ve~ by ~Is ~11~ ls: '
3. TIU~o ~e ~Or in~ ,n.~e land b v~ in:
TO~h OF ~uT~L~D~LOPHENT ~GHTS . ·
By d~ made b~I~N;S~pR and ~THE~NE~DO~ha ~ the ~NSU~D dated JUNE 2S,
200,~n~ to be'~ed in ~ Office o~e O~egi~ o~ S~F~d~.. '
4. The land ~f~o m ~s poli~ ~s d~l~ On the ann~ed ~h~ule A - ~fp~on.
Authorized.officer or Agent
File No.: RH70993:L71
Disposition SCHEDULE A
PARCEL
AMENDED 6/22/0'1
Ail that certain plot piece or parcel of land, situate, lying and being at Ma~ituck, in the
town of $outhold, County of Suffolk and State of New York, bounded and described as
follows:
· B~EGINNING: at a point on. the Northwesterly side of Middle Road ( C.P.. # 48) at the
.~'Ou~hW;e~rly, corner of the. pr~mises herein described and the. §outheasterly Corner of
[and' nowor forYnerly of the County of Suffelk;
~RUNI~ TH E~'icE 'd~ .... ofme C~untY ~ SUTfoJk
- ' lING along said Iai now or form~!y : the following
-' ~' .two,(2)courses and distances:
· ~th 5~. degree inut
"
~' o s :L6 m es 57 seconds West 427.45 feet and
.;; :'~. 5o~Jth'~4.degrees t7 minutes 07 seconds West 565.1OFeet to the easterly side of
~T,Id'ENCE North 27 degrees :~7 minutes 46 seconds along said easterly side of Mary's Road,
!790.67, feet to land now or formerly of ]ohn 3. Sidor, 3r., and Catherine Sidor;
THENCE North 61 degrees 00 minutes 53 seconds East along said land, :L34.00 feet;
THENCE North 60 degrees 16 minutes 11 seconds East 38:L.18 feet to land now or
fbrmerly of ]bhn E. Clause and 3oanna.Paulson;
THENCE North 52 degrees 54~ minutes 59 seconds along said land, ~37.00 'feet to [and now
~r formerly of Marlo & Florence Belletti;
THENCE North 58 degrees 42 minutes 09 seconds East along said land, 200.74 feet;
THENCE No~h :LB degrees 45 minutes 21 seconds West still along said last mentioned
I~nd, :~05.~.4 feet to land now or formerly of 3ohn 3. Sidor, ir., and Catherine Siddr;
THENCE Sou~h 30 degrees 38 minutes 46 seconds East along said land Row or formerly of
.lohR '3, S dor~ 3r., and Cather ne Sidor, 1270.83 feet to the northwesterly side of Middle
Ro~d! (C.R 48);
~HENCE Soulch 38 degrees 43 minutes 03 seconds West along said northwesterly side of
Middle,Road '(C.R. 48), 220.25 feet to the point or place of BEGINN[NG.
Title Report
File No.: RH70993171
Disposition SCHEDULE A
PARCEL 2
·AMENDED. 6/22/01
All that certain plot:, piece or parcel of land, situate, lying and being at Mattituck, in the
Town of Southold, County of Suffolk, and state of New York, bounded and described as
follows:
.BEGZNN~ZNG at a monument on the Northwesterly side of~ Middle Road (C.R. 48) al: the
Southeasterly corner of ~he premises described herein and the sou~-hwesterly corner of
: lar{d:now or formerly.of Anthony and Edit;~ Krupsld;
~ J~UNI~ZNG THENCE =southwesterly along 5aid northwesterly, side of Middle Road(C.P,~ 48)
':~"~ilon~ahd afc of a curve bearing to the le~ having a?adrus .of 3879.72 feet, a distance of
. . .THEN~CE Nor;ch 31 degrees 24 minutes 32 secpnds West~:396 31 feet
,-T~JEI~CE South. 38 degrees 43 minutes 03 seconds West, 606¢36 feet to land now or
formerly of Sidor;
THENCE North 30 degrees 38 minutes 46 seconds West along said land, i270.83 feet ~o
land, now and formerly Marlo and Florence Belie~d; ~
~HENCE North 55 degrees 47 minu~es 11 seconds west along said land, 136.4! feet ~o the
~uth~asterly side of~Njbkham Avenue; -
~EI~-E North 49 degree's-10 minutes 53 seconds East along siad southeasterly side of
~ickham Avenue, 51,76 feet;
THENCE South 55 degrees 47 minutes 7-1 seconds East, 13~.[9 feet;
THENCE South 30 degrees 38 minutes 46 seconds East. 144.2.4 feet;
THENCE North 49 degrees 10 minutes 53 seconds East, 517.89 feet:
THENCE North 31 degrees 07 minutes 22 seconds West, 47.3.84 fee~ to the southeasteHy
side of!Wickham Avenue;
~HENCE Northeasterly along said southeasterly side of Wickham Avenue along an arc of
.curve beginning to the le~t having a radius of 664.64 fee[:, a distance of 6.42 feet;
THENCE North 7.7. degrees 16 minutes 28 seconds East still along said southeasteHy side
of Wickham Avenue, 67.71 feet to a monument and land now or formerly of Mar~in H.
Sidor;
THENCE South 37. degrees 07 minu~es 2 2 seconds East along said land now or formedy
of Martin H. S[dor, 7.65.00 feet, to a monument;
THENCE North 58 degrees 52 minutes 38 seconds East still along said les~ mentioned land,
80.00 ~ee~ to a monument and land now and formerly of Anthony and Edith Krupski;
Title Report
File No.: RH7099317~
Disposition THENCE along said land now or formerly of Anthony and Edith Krupski the following three
(3) courses and distances;
i. South 3:[ degrees 07 minutes 22 seconds East, 64.78 feet;
2. South 30 degrees 23 minutes 12 seconds East, 39:[.07 fe~t, and
3. Sou~h 31 degrees 24 minutes 32 seconds East, 851.87 feet to the nofchwesterly sie of
Middle P, oad (C.R. 48) and the the point of place of BEGINNING.
Title Report
· i Fil. No.; 'RH70;93i76
SCHEDULE B
Excepti.ons from Coverage: ·
~'his.policydoes. not insure against I~ss or clamage (and the Company will not pay costs, attorneYs'
I~ees or ~xpenses) which ar~e. by reason of th= following: - '
. P~ghLs e~ tenant~ or per,oils in' possession.
Conti,nued'Agdcu[t~reJ,CommYcme~ recorded In 8433. page 462 and I.iber 8633 page 295 (Parcel
CoLt hued Ag~ c~[bJra[ Cornmit.Tnent recnrded n Liber 843[ page 464 and Uber 8633 page 298 (Parcel
,Ril~Ea~metd;,Area ? ~aver°f Suffelk. Courl[y set. forth in map #33 recorded in Libor ~833 page 7:[ and
~;, - RIi~Ea~neat Aqea [l~fa,~0r~f~$affolk Cj3unty,set,forth in Hap #32 recorded in Libor $833~page 8~. a nd
refe~ed~'~.:in deed'Li~ef.:~t766,~age 905 (Parca ~); '
15. As~ ~P~cel I:'Sur~ey made by 3ohn. ~. Ehle~ dated April 15, [999 shows pdemises as unimproved~
v~cantqand.
(a) .Four (~). barns, situated in sou~.easterly pa~ of ~e premises;
(~b) ~arden 'area eh-addles easterly line,
(c) '.drr~.reads traverse premises b~n3ughout and enter onto adjoining premises;
No o~he~ variations or encroachments shown.
7. Policy excepts any state 01' facts from the date of the sur~ey read herein,
As to Parcel II: Survey made bY .loh~1 C. Ehlem da~ed April 15,1999 shows premises as unimproved
vac~r~ land.
(a) ~wenL-Y (20) foot wide fill easement over extreme so,,theas~erly pad: of pmmls~s~
b) di~ roads treve~se promises throughout and en~ onto adjoining premlses,
(c) .garden area eh'addles westerly line;
(d).su~'Veyor denotes premises as being cultivated fields,
'No Oth'er enc~oachmant~ shown.
Policy e~cep~s any sheba of.facLs ~om the date of the surVey read herein.
Fee Policy Znsert
- CONDITIONS A2~ STJLPULATIONS
(Contiaued!
7. DETERMINATION, EXTENT OF LIABILITY P,~ COItqSUR.~b~CE. (bi When liability and the extent of loss or damage h~ been definitely
This polic) is a contract of indemnity again.st actual monetary loss or fixed in acrordance 'Mth these Conditions and Stipulations the loss or
damage sustained or incurred bs' the insured cia_truant who has suffered loss damage shall be payable within 30 days th~eafter.
or damage b> reason of matters inmred against by thla p~licy and only to 13. $iJ~ROGAT[O~ IJPON PAYMENT OR SE'FFLEMENT.
the extent herein described.
(al The liability of the Compan) trader this pogcy shall not exceed the (at The Company's Right of Subrogation.
!east of: %~%_ enever the Compma_v shall have settled and paid a claim under this
pohc), all right of subeogafioa shall ~est in the Compamy unaffected by
(il the Amount og Insurance stated hi Schedule A; or. any act of the insured claimant.
lip t% d'~ff'.'z..~:e.~ %mx;~~ *he x~hw of the insured estate or interest as The company shall be SuDmgated ~ ar, d be entitled to all; rights and
'hisur~, , ,' i ,x; ~ .,.' ,q ! c · -.,'. ,~. ,.at' lrlterest subject to the detect, remedies wlfic.h the insured olaiman; wtuld:ha.~jmc[ against any person or
PO) l'n the event the- Am;aunt of Insurance stated ~in Schedule A at the requested by the Company, ~e im~n-cd cI~mant shag transfer to the
Date o~' Polizy ig less ~han '80 percent of ~e value ox the insured estate or Company all rights and remedies against an5, person or proper'ty necessary
~rest or iht full ¢ons~ierat~n paid for the Imld, ahicbever is ~.ess. or if in order to perfect tlfis right of subrogation. T~e insured clalm~rt shall
sfiBsequent to thc-Date of"Pol{cy an improvement is erected on the Imad permit the Company to sue, compromise or settle in the name of the
,Mtith increases the ;slue of the [nsured estate or interest b) at least 20 insured claimant and to oc~: the name of the insured claimant iv an)
percent over the ~xotmt of Insurance ~ated Lq Schedule A. then this transaction or litigation in~olvi~g these rights or rtmaethes_
Poficy is subject to the [olldwiu~ If a payment on account of a claim,does riot fully cover the loss of the
(il where no gubs~q.uenL~Frosernent has been made. as to any partial lactated claimant, the Comp,my si-al/ be smbrogaled to these rights and
loss, the Company shall onl3~:~ay the loss pro rata in the proportion that remedies in the proportion which the .Comp&ny's paymertt bears to the
fhe amounn OF in~,mtanc. ~. arlD~te of Pol/c3 bears to the total ;alu/ of the whole amount of the loss.
insured estate m- ~ter0se}a~,,IT~ire of policy; or If loss should result [rom an), act OF tke ir~red claimant, as stared
Cfi) whm-e a s.ubeeque~_t i~provement has been made, as to any partial abo~'e, that act shall not void this policy, but the Compan). in that cvem,
loss, the Company ~ o,~ay the loss pro rata in the proportion that shal; be required to pay only that part of an~ losses insured against by rids
120 percent of the: Amonr[f"b£1ast.trance stated in Schedule A bears to the policy which shall exceed the mmormr~ if ~mY. lost to tha Company by
sum ctf the AmoS:ut o£~mcucmace stated in Schedule A and the amount re&son of the impairment by the inmred claimant of the Compma)'s right
expended for the improvea=e~t, of subrogation.
The provisions bf this ps,graph shall not apply to costs, attorneys~ fees po) The Company's P-Jghts Against Nondnsured Obligors.
and experLses tbr wlm~h flae.~ompany is l/able under this polio/, a~d sbail The Company's right of subrogation against non-iruured obligors shall
only apply to tha[ port[on ~'~any loss which exceeds, in the aggregate, 10 exist and shall incinde, without I/mitation, the rights of the insured to
. indemnities, guaranties, other policies OF Insurance or bonds,
parcels of the Ampunt; o~' ~anee stated in Schedule A. '
. (el The. Company vdll.pa~nl5 ...... those costs, attorneys' fees :md expenses norwithsl~mding an) terms or conditions coraained in those instruments
incurred m accordance'~h ~...~.fion 4 of these Condmons and Shpuhitlons. which provide for subrogation rights b) reason of this pogcy.
8. APPORTIONMENT. 14. ARBITRATION
If thc ]and da.;c~ihed izt~ [edale A consists of two or more p=rc~ls Un[ess oro~dhit=d by appgcabIe law, either the Company or the insured
more of the pa,:tiS but r/ot;,~ ~e 1o~ shall be computed and'settled on a ma} dermmd arbitration pursuant to the TiL[e Insurance Arbitration Rules
of the ,~.merican Arbitration Association. Athllrable matters may include.
pro tats basis as if the ,spa of insurance under this pohcy ;~a~ dixqded but are not limited to. any controvers} or claim between the Company and
pro ~a~L,t as to the value 'on~ ,re of Policy of each separate Faicel to the the hasured arising out of or relating to this policy, any service of the
whaie, exclusive of any ihip~ ~eraents- made subsequent to Date of Policy; Company in connection with its issuance or the breach of a polio)
unless a liability ox va[aeiim~ gfierwise been agreed upon as to each parcel
b} thq Company mad thdi~ ~e(t at the time of the issuance of this policy provision or other oblig-ation. All arbitrable matters when the Amount of
and shown by an express ~ merit or by an endorsement attached to this Insurance is $ L000,000 or leu shall be azbi~ated at the option of either the
· , Company or the insured. All arbitrable matter~ when the Amount of
policy. Insurance is in excess of gl,000,000 shah be arbitrated ouiy v, hen agreed to
9. LIMITATION OF LIABILITY. by both the Company and thc insured. Arbitration pursuant to this poli%
and under the Rules in effect on the date the demand [or arbitration is
(al If the Company e~ab~shes the title, or removes the alleged defect,
lien or encumbrance, or CLr~ the lack of a right of access to or from the made or, at the option of the insured, the lt~le.s iu effect at Date of Polic)
land, or cures the claim o~{[mmarketability of title, all as insured, in a shall be binding upon the parties. The a~vard may' include attorneys' fees
reasorathly diliger(t mmn~e~Dy any method, including litigation and the only if the laws of the state iu which the land is located permit a court to
completion of an:,' appaalst~'kerefrom, it shall have fully performed its award attorneys' fees to a pre~alling parry. Judgment upon the aa'ard
obligations with respect to t[ml matter and shall not be liable for any loss rendered by the Arbitrator/s) ma), he entered in any court having
jur/~dictien thereof·
or damage caused thereby.
po) In die eye, It otc an~, [[rigation, including litigation by the Company The [aa' of the situs of the land shall apply to an arbitration under the
or with the Company's doa~nt, the Company shall have no I/ability for Title Insurance Arbitration Rides.
loss or damage tmtil there ~as been a final deternimadon by a court of A cop)' of the Rules may be obtained from the Company upon request.
competent jurisdiction, and dL~position of all appeals therefrom, ad'verse to 15. LIARILITY UMITED TO THIS POLICY; POLICY ENTIRE
the title as imure&
lc) The Company shall not be liable for loss or damage to ~ny insured CONTRACT.
for liability volumaril3, asgurn'~d by the insured in stifling any claim or suit la) This policy together with all endorsements, if an>, attached hereto
without the prior written cogent of the Company. by the Company is the entire polic~, and contract between the insured and
the Company. In interpreting an}' provision of this pogcy, this polic.~ shah
10. REDUCTION]OF INSUI~ANCE; REDUCTION OR TERMINATION be construed as a whole.
OF LIABILITY. (bi Any claim of loss or damage, whether or not based on negligence.
All payments under th ~..pollcy, except payments made for costs, and which arises out of the status of the title to th~ estate or interest
attorneys' fees and. expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to
torito. Il'ds policy.
lc) No amendment or- or endorsement to this policy can be made
11. LIABILI13/' NONCUMULATIVE except by a writing endorsed hereon or attached hereto signed by-either the
It is expressly nnderstood, rb. attheamountofinsuranceunderthispolicy' president, a Vice President, the SccretaD,, an Assistant Secretary, or
shall be reduced by any amount the Compmhv may pa3 under any policy vaiidating officer or authorized signato,3' of the Company.
insuring a mmtgage to wh/ch-exception i~ taken in Schedule B or to which 16. SEVERABlUTY.
the insured has %,oreed, a~saga, ed. or ink. eh subject_ or which is defeater
execuledbv aninsm'ed andwfiichis achar~e orlieuond~e estate orh~terest In the event any provision OF the policy is held invalid or unenforceable
- - ~ under applicable law, the po[icy shall be deemed not to include that pro,i-
described or refelred to ill S.cheduhi _&. and the amomlt so paid shah be sion and all other provisions shall remain in full force and effect.
deemed a payment under this policy to the insured ox~mer.
17. NOTICES, WHERE SENT.
12. PAYMENT OF LOSS. .Mlnoficc~requiredtobe~ventheCompan} andanysmrementin aridngrequired
(al No payment shall be made without producing this pogc} for endorsement to be furnished the Company shell include the number of this policy and shag be
of he paymen un ess the po c2 has been osI or destroyed in x~ hich case proof
of loss or destruction shall be furnished to the saris[action or-the Company addressed to: Consumer _~lfairs DepartraenL PO. Box 27567, Pdclmtond. V' .aginia
23261-7567.
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
Form 1 190-3 Cover·Page ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached