HomeMy WebLinkAboutSidor & Krupski Trusts JOSHUA Y. HORTON
GREGORY F. YAKABOSKI ~%,, ~, Supervisor
TOWN ATTORNEY ~2v~ Town H~]I, 53095 Route 25
P,O, Box 1179
K~T~LEEN l~IURRAY ~ Southold, New York 11971-0959
ASSISTA]~T TOWN ATTOP~NEY ~ Telephone (631) 765-1889
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OFFICE OF THE TOWN ATTORNEY
TO~VN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq,
Town Attorney
Date: September 12, 2002
Re: SIDOR & KRUPSKI TRUSTS to TOWN OF SOUTHOLD
SCTM #1000-100-4-2.2
CARACCIOLO to TOWN OF SOUTHOLD
SCTM #1000-100-4-2.1
Development Rights Easement Purchase
Betty:
Enclosed for safekeeping in your office, please find the following document in relation to
the above closing that was held on June 21,2000:
· Original Title Insurance Policy #RH80001442 issued by Commonwealth Land Title
Insurance Company in the amount of $228,230,00
Thank you.
Greg
/md
enc.
cc: Melissa Spiro, Land Preservation Coordinator w/encs.
[SSUED BY
Cog~to:~,v~A~m k~,4~) Trrr£ lssmc~c~ Co~tvA~' OWNER'S POLICY OF TITLE INSHRANCE
Commonwealth
SUBJECT TO THE EXCLUSIONS FROM COVER&GE, THE EXCEPTIONS FROM COVERI&GE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COgLMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsyh'aala corporation, herein
called the Company, insures, as of Date of Po[lc3 sho~m in Schedule A, against loss or damage, not exceeding the Amount of Insurance ~ ated
in Schedule A, sustained, or incurred by the insured by reason of:
1. TitLe to the estate or interest described in Schedule A being-= vested other than as stared therein:
2. --~3_' defect in or hen or encumbrance on the-title;
3 Unmarkembilily of the dale;
4. ILack of a right of access to amd from the land.
The Company will also pa3' the costs, attorneys' fees and expenses incurred in defense of the title, as in,ured, bur only to the extent provided
in the, Coru:fi~i&~ and Stipulafiouz,~
IN WITNESS, WI-I~I~EOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal ro be
hereunto a~fixed by its tiuly authorized olficers, the Po[icy to become vahd when countersigned by an authorized officer or agent of the Companp.
COblMONWEALTI~ LAND TITLE INSURANCE COMPANY
Seererm3' President
EXCLUSIONS FROM COVERAGE
The ~ollowing matters are expressly excluded from the coverage o~ this po[icy aud the Company wilI not pay loss or damage, costs~ attorneys'
fees or expenses which arise by reason of:
1. (a)Any law, ordinance or govemmental regulation (including but not limited to building andzorqnglax~s, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or hicat[on of any improve-
ment no'~' or hareafter erected on the land: (iii) a separation in o~mership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (ix) environmental protection, or the affect of any ~iolazion of these laws, ordinances or gorermnental reguta-
tions, except ro the exxenr that a notice of the enlorcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) An5' governmental po[ice power not excluded by (a) abo~ ¢, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a ~5olation or alleged violation affectin~ the ]and has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records az Date of Policy, but not e~cludJng
from coverage any taking winch has occurred prior to Date of Po[icy which woutd be binchng ou the rights of a purchaser for value wi£hour
knowledge.
3. Defects, liens, encumbrances, edxerse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
[n writing £o the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resultirc--* in no loss or damage to ~he insured claimant;
(d) au.aching or creazTd subsequent to Date of Policy; or
(e) resulting in loss or damage which ~oalti not have been sustained if the insured clmmant had paid value for the estate or inreFest insured
by this policy.
4. An3 claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this p~lics, by reason of the operation
of federal bankruptcy, stare insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest nsured.by this policy being deemed a fraudulent come_vance or frandalent transfer: or
lb) the t nm~acrion creating the estate or interest insured by this po[icy behig deemed a preferential transfer except where the preferential rra~sfer
resuhs from the failm'e:
(i) to dmely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or [[en creditor.
lyM 1 PAIO
)~LTA Owner's Policy (10-17-92) Valid Only If Schedules .x~ and B and Co%ret _'~e Attached
Form 1190-1 Face Page
ORIGINAL
File No.: RH80001442
SCHEDULE A
Commonwealth
Amount of Tnsurance: $228,230.00 Policy No.: RH80001442
Date of Policy: 6-21-2000
1. Name of Tnsured:
TOWN OF SOUTHOLD, a municipal corporation
2. The estate or interest in the land which is covered by this policy is:
Developmental Rights
3. Title to the estate or interest in the land is vested in:
TOWN OF SOUTNOLD, a municipal corporation
By deed made byJOHN SZDOR, 3R' (as to :L/3 interest), EDWARD SZDOR AND ALTHEA STDOR,
AS TRUSTEES OF THE EDWARD SZDOR REVOCABLE TRUST (as to 1/3 interest) AND HELEN
A. KRUPSK[ AND ALBERT 3. KRUPSKI, SR., AS TRUSTEES OF THE HELEN A. KRUPSKZ
REVOCABLE TRUST (as to 1/3 interest) to the INSURED dated 6-21-2000 and to be duly
recorded in ~he Office of the Clerk/Register of SUFFOLK County.
4. The land referred to in this policy is described on the annexed Schedule A - Description.
Countersigned:
Authorized Officer or Agent
Fee Policy Insed:
Policy/File No: 80001442
C O1~1 po S:["I'E ' D ESCR~ PTI'O N
:ALL that certain plot, piece or parcel of land, situate, lying and being at Matt[tuck, Town of Southold, County
of Suffolk and State of New York, bounded and described as follows:
Beginning at the corner formed by the intersection of the southeasterly side of Oregon Road with the easterly
side of Mill Lane;
RUNNTNG THENCE along the southeasterly side of Oregon Road North 45 degrees 7 minutes 00 seconds East
662.35 feet to a monument at lands now or formerly of David Page and Barbara Shinn;
RUNN[NG THENCE along said last mentioned lands and lands now or formerly of Adrian H. Courtney,
South 2:[ degrees 47 minutes 00 seconds East, 1492.50 feet to land now or formerly of Warren and Nancy
Swain~
RUNNTNG THENCE along said lands, South 72 degrees 10 minutes 00 seconds West, 331.54 feet;
RUNN[NG THENCE North 20 degrees 09 minutes 20 seconds West, 250.00 feet;
RUNNTNG THENCE North 72 degrees :[0 minutes 00 seconds East, 320.27 feet to the easterly side of Mill
Lane;
RUNNING THENCE along the easterly side of Mill Lane, North 20 degrees 09 minutes 20 seconds West,
:[:L49.75 feet to the point or place of BEGINNING.
SUB.1ECT TO LIPA Right of Way crossing the northerly part of the premises recorded in Liber 13:[3 page 57.
ALTA Owner's Policy Date Printed 3une 15, 2000
Schedule A - Description
File No.: RH80001442
SCH~LE B
Exceptions from Coverage
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
'~ees or expenses) which arise by reason of the following:
1. Rights of tenants or persons in possession.
2. Right-of-Way Easement recorded in Liber/Reel :[~13 page 57.
3. Commitment of Land To Continued Agricultural Production Agreement recorded Liber/Reel 8431 page
460.
'4, Commitment of Land To Continued Agricultural Production Agreement recorded Liber/Reel 8633 page
300.
5. Survey made by ANTHONY W. LEWANDOWSKT last dated 3/27/2000 (Covering Premises and NIore)
shows vacant land as to subject premises, (a) fences at variations to northerly and westerly lines of
premises, (b) utility pole and overhead wires at variation to northerly and westerly record lines, (c)
irrigation well and pump in easterly portion of the premises. No other variations or encroachments.
Fee Policy Insert
File No.: RH80001442
Commonwealth
STANDARD NEW YORK ENDORSEiVlENT
(OWNER'S POLTCY)
ATTACHED TO AND MADE A PART OF POLTCY NO. RH80001442
I'SSUED BY
COMMONWEALTH LAND TTTLE INSURANCE COMPANY
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereafter gain priority over the estate or interest of the insured
as shown ~n Schedule A of thi:~ policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or encumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless
otherwise expressly state~.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is
subject to the Exclusions from (:overage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: 6-21-2000
Issued at:
Commonwealth Land Title/nsurance Company
177 Old Country Road, PO Box 419
Rlverhead, NY 11901
Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92)
TQ10037NY (7/99)
~ : CONDITIONS AND STIPULATIONS
(Confinuedl
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liabii~ and the extent of loss or damage has been definitely
This policy is a contract oX indemalt) against actual monetary loss or freed l~ accordance ~Sth the~e Conditions and Stipulations, the loss or
damage sustained or inmtrred by the insured claimant who has suffexed loss damage shoJi be payable wtth/n 30 days thereafter,
or damage by reason of matters insured against by this policy and onb' to 1:t. SUBBOGATION UPON PAYMENT OR SETTLEMENT.
the extent herein described.
(a) The i/abii/ty of the Company under th/s policy shall not exceed the fa) The. Company-s Right oX SuBrogation.
least of: Whenever the Company shall have sortied and paid a alalm under this
policy, all right of subrogation shall vest in the Company unaffected by
(i) the &mount of Insurance stated in Schedule A; or. arty act of the insured ch[mant '
(1i) the difference between the value o£ the insured e~ate or Iffterest as ~ Com~an~ shall be subrogated to and be entitled to all righ~ and
insured and. the value of the insured estate or interest subJeCt to tlie defect, remedies witch the insured claimant would ha~e had against ap~ person or
lien or encumbrance insured against by tiffs policy, property in re. peet to [he z[fiim had [his policy not been issued If
(b) In ,she event the Amount of Insurance stated in Schedule A at the requested b~ the Company. the insured claimant shall transfer to the
Date of Policy is less than 80 perce~t of tbe value of the ins'dmd estate or Company all righla and remedies against any person or property necessary
interest or .the full consideration paid for the hind, whichever is less, or if in order to perfect riffs tigttt of ~-ubrogatinn. The insured claimant shall
subsequent to the Date of policy ma irnpro~ement is erected on the land permit the Company to sue. comprom/se or settle in the nme ut' the
which inc~ease.q the xaIne of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in
percent o~e'r the Amolmt of ll~s~trance stated in Schedule A. then thi~ transaction or litigation revolving these rights or remedies.
Policy is subject to the £ollowi~g: If a paymem on acec~n~ of a clahn does not fully cuter the loss of the
~i) where no ~mb~seclueat improvement kas lx~a.~xade, as m a~' partial insuxed claiman~ ~e Company shall be subro'g'~ed to fi`ese r/?ff, hts a~d.
loss. the Co~pany shal~ cmly pay 145e loss pro rata m tbe proportmn that. remedies in the proportion whtcli she Company'~ pas~mmr bears to the
the amotmt of.insu~a~e~ae: Da~e o[,.~ohcy bearg to the total vahi~ of the whole amount of the
· nsured estata or ~rrtee3?~'a~ Dare of ~'ohcs; or
If loss should result from .a~,y a~[ of the insmmd ci~.L~rt~ t, as stated
ri;; where a ~.ab~eqaent ~.p~,~,wnent has bee~ x~.ade, as to an3~ partial above, that act shall not void
m~.. the Compan~ shall orff . ['13 the 1o~'- pro ~0.ta tn she proportloo [hat sI~all be required to pay only tl~t pa~'t, of a~5' hisses ms?re~.ag~ns~ by his
12,~ percent ut' [he Amo,.mt ~ot In.-,~mnee .mt~d fi~ Schedrde A bears to tho policy which shall exceeg the almo~, i~ any, hi~ to~ fi`e Compax~y- by
*om of die ,~,m,mr, t .ut' lnrmrarlce stared m Schedule A and [he amount reason o£ [he impairment*by(the insmed clahnan~ ol- th~ Compare/'~x~ri~ht
~pended [or the ~mD£o.ewen~ of subrogation.
The prox i~onS oF t~f~,~ragraph shall not apply to costs, attorneys l~ees (b) The Company'sfrights Against Non-insu~ed, Obligors.
ned e~q~ens~_ l'Or w ,~°a rlie C~m, pm~ ts Iiable u~der this policy, and shall The Company's right of subrogation against n6n-insured obligors shall
c, nl5 appl> to th.~t porl~qn afal~ lo~s Which exceeds, in the a~gregate, 10 exist and shall'include, without limitation, the rights oX the in~tred
perce~tt of fh~ Amo~ o? lnst[r~mce'stat~l imSchedule A. indemnities, guaranties, other policies oF imuraace or bonds.
(c) The Co. patay a~ltpa¥ unit those-costs, at[orneys' fees and expenses notwitlutmnding any terms or conditions contained l~ those instruments
incurred ir, .~qzord ~nce aSd~ Section 4- of~the~e £onditions and Stipulations. which provide for subrogation rights by rekson of, this ~oliCy,
ARBITRATION
If ~e hnd~--dcscr~ed in gcT,~.dal~ ,~s c,~,,~,,t~ of ~ao or more parcels
U~lcss prohibited by applicable law, either the Company or the insured
lQ. R£DUCTION.OF INSURANCE; REDUCTION OR TERMINATION he ~o~straed a~ a
the insDred has a~eecL assumed, or ml~en subject, or which is herea~er
17. HOTICI=S, WHERE SENT. ·