HomeMy WebLinkAboutGillispie, Hope & Alford DianaCommonwealth.
Land Title Insurance Company
SEP 7 1993
ATTORNEY'S OFF~CE
TOWN OF SO'JTHO~.~.
September 3, 1993
Office of the Town Attorney Town of Southold
P.O.Box 1179
Southold, New York 11971
Attention: Matthew Kiernan, Esq.
Re: Title Number RH 93 1388
Gillispie & Alford to the
Town of Southold "Development Rights"
Premises: n/s Main Rd., Orient
Dear Mr. Kiernan:
Please be advised we have
above captioned report of
read as follows:
omitted exceptions numbered 12 and 13 from the
title and have added exception numbered 19 to
19. Survey made by Roderick Van Tuyl, P.C., dated August 16, 1993 shows
premises as unimproved vacant land. a) Swamp-pond straddles record
~xc~CL west line. No other variations.
Enclosed please find amended Schedule "A".
Please attach and make this letter a part of your original Certificate of
Title.
Very truly yours,
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Title Officer
RHG/~
O Reliance
O~D~TH LAND TITLE INSURANCE ODMPANY
TITLE NO. RH931338
Sf/qEDULE A
THE PREMISES IN WHICH THE INSUR_~D HAS THE ESTATE OR INi'tL~EST CO\SLRED BY THIS POLICY
Amer~led: 9/3/93
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, in
the Town of Southold, County of Suffolk and State of New York, more particularly
bounded and described as follows:-
B~INNING at the southeasterly corner of the pr~nises herein described and the
westerly line of land of Joyce Terry distant westerly and northerly the following two
courses and distances frcxn the corner formed by the intersection of the westerly side
of Greenway East and the northerly side of ~in Road - bff 25:
1) Westerly along said northerly side of Main Road - NY 25, 779.44 feet to a montraent;
2) North 11 degrees 05 minutes 00 seconds West, 596.28 feet to the true point or place
of beginning.
RUNNI/gG THENCE North 11 degrees 05 minutes 00 seconds West along said westerly line of
land of Joyce Terry, 2055.43 feet to the ordinary high water mark of Long Island Sound;
THENCE South 77 degrees 16 minutes 50 seconds West along the ordinary high water mark
of Long Island Sound, 450.82 feet to land of Frank Helminski;
THENCE South 12 degrees 33 minutes 50 seconds east along said land of Frank Helminski
and later along land of Lloyd Terry, 2052.44 feet to land reserved by the party of the
first part;
THENCE North 77 degrees 35 minutes 30 secords East, along said reserved area, 397.72
feet to the poirlt or place of B~INNING.
$
~OX~S 5 THRU 9 MUST BE TYPED
O~RINTED IN BLACK INK ONLY PI~ TO RECORDING OR FILING.
8358
11§48 728
Number of pages
Serial #
Certificate #
TORRENS
8356
21
Prior
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps
Page / Filing Fcc
llandliog
TP-584
Nutation
EA-5217 (County)
EA-5217 (State)
ILP.T.S.A.
Cumin. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
, o- ~'~'~q
Date
lnifi.ql~
OR:
Sub Total
$ O0
Sub Total
GILad~D TOTAL
Real Property Tax Service Agency Verification
Dist Section Block Lot
Mortgage Anm
1. Basic TaJ
2. SONYMA
Sub Total
3. Spec.lAdd.
TOT. MTG, TAX
Dual Town Dual County_
Held for Apportionment__
Mansion Tax
The property covered by this mortgage
is or will be improved by a one or two
family dwelling only.
YES or NO
If NO. see appropriate tax clause on
page # of this instrument.
Title Company Information
Commonweal~
Land Tifl~ ~ Company
Title Number
FEE PAID BY:
Cash Check L/' Charge
RECORD & RETURN TO
(ADDRESS]
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~"~e~e =\ made by:
TO
(Deed, Mortgage, etc.)
The premises herein is situated in
SUXFOLK COUNTY, NEW YORK.
In the TOWN of ~-',~,_~-,& ~
In the VILLAGE
DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made this ~-UL day of October, 1993,
BETWEEN HOPE T. GILLISPIE, f/k/a Hope T. Whitsit, f/k/a Hope
T. Terry, residing at Main Road, Orient, New York, and Diana Alford,
f/k/a Diana W. Whitsit, residing at 19 Cullinane Drive, Marlborough,
Mass., referred to collectively as party of the first part, and
THE TOWN OF 5OUTHOLD, a municipal corporation of the State of
New York, having its office and principal place of business at Main Road,
Town of Southold, County of Suffolk and State of New York, party of the
second part.
WlTNESSETH
That the party of the first part, in consideration of ten ($10.00)
dollars, lawful money of the United States, and other good and valuable
consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, the DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by
Section 2~7 of the New York State General Municipal Law, as amended, to
permit, require or restrict the use of the premises exclusively for
agricultural production as that term is presently defined in Chapter 25
of the Code of the Town of Southold, and the right to prohibit or
restrict the use of the premises for any purpose other than agricultural
production, to the property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being at
Orient, in the Town of Southold, Count~ of Suffolk and State of New York,
more particularly bounded and described as follows:
BEGINNING at the southeasterly corner of the premises herein
described and the westerly line of land of Joyce Terry distant
westerly and northerly the following two courses and distances from
the corner formed by the intersection of the westerly side of
Greenway East and the northerly side of Main Road - NY 25:
1) Westerly along said northerly side of Main Road - NY 25, 779.~4
feet to a monument; and
2) North 11 degrees 05 minutes 00 seconds West, 596.28 feet to the
true point or place of beginning.
RUNNING THENCE North 11 degrees 05 minutes 00 seconds West along
said westerly line of land of Joyce Terry, 2055,1~3 feet to the
ordinary high water mark of Long Island Sound;
THENCE South 77 degrees 16 minutes 50 seconds West along the
ordinary high water mark of Long Island Sound, 450,82 feet to land
of Frank Helminski;
THENCE South 12 degrees 33 minutes 50 seconds east along said land
of Frank Helminskl and later along land of Lloyd Terry, 2052.~,L[ feet
to land reserved by the party of the first part;
THENCE North 77 degrees 35 minutes 30 seconds East, along said
reserved area, 397.72 feet to the point or place of BEGINNING.
TOGETHER with the non-exclusive right, if any, of the party of the first part
as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party
of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted
unto the party of the second part, its successors and assigns 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 premises have been
incumbered in any way whatever, except as aforesaid. The party of first
part, as a cevenant running with the land in perpetuity, further covenants and
agrees for the party of the first part, and its heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on
and after the date of this instrument solely for the purpose of agricultural
production.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
The definition of "Agricultural' Production" as defined in Section 25-30
of Chapter 25 of the Southold Town Code is as follows:
"Agricultural Production - shall mean the production for
commercial purposes of crops, livestock and livestock
products, but not land or portions thereof used for
processing or retail merchandising of such crops, livestock
or livestock products. Land used in agricultural
production shall also include fences, equipment storage
buildings, livestock barns, irrigation systems, and any
other structures used exclusively for agricultural
purposes, ii
The party of the first part and the party of the second part do hereby
covenant and agree in perpetuity that either of them or their respective
heirs, successors, legal representatives or assigns, shall only use the
premises on and after this date for the purpose of such agricultural production
and the grantor covenants and agrees that the underlying fee title may not be
subdivided into plots by the filing of a subdivision map pursuant to Sections
265 and 277 of the Town Law and Section 335 of the Real Property Law, or
any of such sections of the Town or Real Property Law or any laws replacing
or in furtherance of them.
The word "party" shall be construed as if it reads "parties" whenever
the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of,the first part has duly executed this
deed the day and year first above written.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
On the 5th day of October, 1993 before me personally came Hope T.
Gillispie, f/k/a Hope T. Whitsit, f/k/a Hope T. Terry to me known to be the
individual described herein and who executed the foregoing instrument; and
acknowledged that she executed the same.
--. Nota r__~ Public
JOAN DIX~;~
~OYARY PUBLIC, ~loee o( Flew
No. 52-4720150, Suffolk
Term Expires, ~._.
" 1 648 ' 728
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the 5th day of October, 1993, before me personally came Hope T.
Gillispie, f/k/a Hope T. Whitsit, f/k/a Hope T. Terry residing at no number,
Orient, New York 11957 to be the individual described in, and who executed
the foregoing instrument, and to me known to be the Attorney-in-Fact of
Diana Alford, f/k/a Diana W. Whitsit, the individual described in, and who
by her Attorney-in-Fact executed the same, and acknowledged that she
simultaneously herewith
Alford, f/k/a Diana W.
Power of Attorney.
executed said instrument as the act and deed of said Diana Alford f/k/a Diana
W. Whitsit, by virtue of a Power of Attorney dated September 21, 1993 and
intended to be recorded in the office of the Clerk of the County of Suffolk
and who also swore before me that the said Diana
Whitsit was still alive and has not revoked the said
N o_t a.a.a~ y Pu~blic
JOAN
I'qOTARY PUBLIC, State e~ Ne-.' Y~r,.
No. 52-4720150, Suffolk C~.,~
Term Expires, ~
OWNER'S POLICY OF TITLE INSUR~
ISSUED BY
Commonwealth.
Land Title Insurance Comp~
SUB]ECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY. a Pennsylvania
of Insurance Slated in Schedule A. sustained or incurred by the insured b~. reason of
I. Title to the estate or interest described in Schedule A being vesled other Ihan as slated thcrmn;
2. An~. defect in or lien or encumbrance on the title.
3 Unmarketability of the title.
4. Lack of a right of access to and from the land
The Compan3, ,~,dl also pay the cost,, attorneys' fees and e~:penses incurred in defen~,e of the title, as in,ured, but only to the extent proxided
in the Conditmns and Stipulations
IN WITNESS WHEREOF. COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporale name and seal to be
hereunlo al~xed by its duly authorized officers, the Po]icy to become va]id when countersigned by an authori?~d officer or agent of the
Company
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded I¥om the coverage of this policy and the Company vdll not pay Joss or damage, costs, attorneys'
fees or expenses ~,hich arise by reason of:
1. (ay An3, law. ordinance or go,,ernmental regulation (including but not limited to budding and zoning lags. ordinances, or regulations}
restricting, regulating, prohtb~ting or relating to (il the occupancy, use. or enjoyment of the land; lul the character, dimensions or location of
any improvemenl nov, or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
an) parcel of which the land ~s or was a part; or (ivI environmenla] protection, or the effect of any ,,iolat~on of these laws, ordinances or
go,,ernmental regulations, except to Ihe extent that a notice of the enforcemenl thereof or a not.ce of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in Ihe public records at Date of Pohcy
{bi An) governmental police power not excluded by (a) above, except to the extent that a not,ce of the exercise Ihereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violalion affecting the land has been recorded in the public records at Date
2. Rights of eminent domain unless notice of the exercise thereof has been recorded m the public records al Date of Policy. but not excluding
from coverage any taking which has c, ccurred prior to Date of Policy which would be binding on the r~ghts of a purchaser for value without
knowledge.
3. Defects. liens, encumbrances, adverse claims or other matters:
(ay created, suffered, assumed or agreed lo 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 clmmant and not disclosed
In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
{c) resulting in no loss or damage to the insured claimant;
(dy attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out o f the transaction vesting in the insured t he estate or interest insured by t his policy, by reason of tbe operation o f federal
bankruptcy, state insolvency, or similar creditors' rights laws.
4M 1
~LTA Owner's Policy (4-6-90) Valid Only If Schedule A. B and Cover Are Attached
Form 1171-1 Face Page
SCHSDULE A
A~,~UNT OF INSURA/~CE:
DATE OF ~OLICY:
270,000.00
10/05/93
POLICY NO. 166-007100
TITLE NO. RH931338
TO/~,~ OF SOUTHOLD
2. THE ESTATE OR II~TEREST I~ THE LABD WHI(~ IS (DVERSD BY 1~-IIS POLICY IS: DEVELOP~Ff RIGHTS
3. TITLE TO THE ESTATE OR INtErEST IN THE t2%ND IS ~ESTED IN:
Deed of develognent rights made by HOPE T GILLISPIE F/K/A HOPE T
WHITSIT F/K/A HOPE T TERRY ABD DIA~,~ ALFORD F/K/A DIANA W WHITSIT to
the II~ dated 10/5/93 and duly recorded in the Office of the
Clerk for the County of Suffolk,
4. THE LAKD RE~'ERP~D TO I~ THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SI~JAT~D IN THE
CCUI~rFY OF SUFFOLK, STATE OF ~ YORK, A~ IS IDENFIFIED AS FfLLOWS:
SEE SCHEDULE "A" ATT~2HED
Authorized Officer o~-'Agent
SCHEDULE B
~CEPTIONS FROM COVEtL~
B0L I C~f NO.
F1LE NO.
166-007100
RH931338
This policy does not insure against loss or damage (and the Company will not
pay costs, attor~js' fees or expenses) which arise by reason of:
2.
3.
4.
5.
6.
Original contract of sale aust be presented at, or prior to, closing.
No title insured to any lands nc~ under the ~ters of Long Island Sourd.
subject to the r~g]ms of the public to navigate the ~ters of Long Island Scund.
Subjec5 to the Riparian rights of others fronting on Long Island Sou]~].
Riparian rights of the owners of the subject p~emises are not insured.
Rights of the Governmental Authorities to improve navigation and change bulkhesd
li~es without compensation to upland ~%ers.
Survey made by Roderick Van Tuyl, P.C., das~ August 16, 1993 sh~ws pr~nises as
unimproved %~can5 land. a) SX~mn~p-~nd straddles record west line. I,k) other
variations.
UnD~id wa~er charges to date, if ~ny.
Rights or claims of parties other ti%an Insured in actual possession of a~f or all
of the property.
(/DM}-~D/~gEALTH LA~D TITLE INSURANCE (/DMPANY
STAADARD ~ YORK E~ORSF~ENT
C~R' S POLICY
To be attached and made a Dart of Policy Number: 166-007100
1. The following is added to the insuring provisions of the face page of this policy:
"5. A~i statutory lien for services, labor or n~terials furnished prior to ~he date hereof,
and ~hich has nc~ g~ined or which may hereafter gain priority over the estate or interest
of the insured as sh~,~n in Schedule A of this pol icy."
2. The follcx~ing is added to Paragraph 7 of the Cor~itions 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, assess~rents, ~ater charges and se~er rents."
3. Paragraph Nun~oer 4 of the Exclusions Fr~m Coverage is deleted and the following paragraph
is SL~St~tuted in its place:
"4. Any claim, which arises out of the transaction vesting in the insured the estate or
interest insured by this policy, by reason of the operation of federal bankn/ptcy,
state insolvency, or sir~lar creditors' rights laws that is based on:
(a)
the transaction creating the estate or interest insured by this policy being deemed
a fraudulent conveyance or fraudulent transfer; or
the transaction creating the estate or interest insured by this policy being deemed
a preferentisl transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to irsusrt notice to a purchaser for value or a judgment or
lien creditor."
Nodding herein contained shall be construed as ~xtending or changing'the effective date of said
poi icky, unless other~ise expressly stated.
This endors~nt is made a part of the policy and is subject to all the terms ~md provisions
thereof and of any prior endorsenmnts thereto. ~cept to ~e exkent expressly stated, it
neither modifies sty of the terms and provisions of the policy and any prior ern]orsements, nor
cbes it extend the effective date of the policy and any prior endorsements, nor does it increase
~_he an~unt of insurance.
Dated: 10/05/93
fD~R-Dt~EALTH LAAD TITLE INSURANCE COMPANY
BY:
VI CE PRESIDEI,[I' AI,D BRANCH ~,~A?~GER
O0~.~,D~,~E.~LTH L~iD TI~ff~E INSUP~kNCE CDMPAi,~f
TIqV~E NO. RH931338
SCHEDULE A
THE PRt~,IISES II~ WHICH THE ]I'ISURED HAS THE ESTATE OR I~Ii'EF~EST COVERED BY THIS POLICY
Amended: 9/3/93
.ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, in
the Town of Southold, County of Suffolk and State of N~v York, more ~articularly
bourded and described as follows:-
BEGINNI!,E at the s~atheasterly corner of the premises herein described and the
westerly line of land of Joyce Terry distant westerly and northerly the following
courses and distances from the corner formed by the intersection of the westerly side
of Gr~.~r~ay East and the northerly side of ~,~in Road - I~f 25:
1) Westerly along said northerly side of Main Road - NY 25, 779.44 feet to a monument;
and
2) I,brth 11 degrees 05 minutes 00 seconds West, 596.28 feet to the true point or place
of beginning.
RUlxlIII,IG THENCE North 11 degrees 05 minutes 00 seconds West along said westerly line of
laD~ of Joyce Ter~_;, 2055.43 feet to the ordin~rf high ~ter r~ark of long Island Scund;
THE~L~E South 77 degrees 16 minutes 50 seconds West along the ordinar,, high water mark
of long Island Soand, 450.82 feet to land of Frank Helminski;
THEI.~E South 12 dew-tees 33 minutes 50 seconds east along said land of Frank Helminski
and later along land of Lloyd Terry, 2052.44 feet to land reserved by the ~arty of the
first part;
THENCE North 77 degrees 35 minutes 30 seconds East, along said reserved area, 397.72
feet to the point or place of BEGI~UING.
CONDITIONS AND STIPULATIONS
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetaryr loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
la) The liability of the Company under this policy shall not exceed the
least of:
6) the Amount of Insurance stated in Schedule A; or,
lit) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect.
lien or encumbrance insured against by this policy.
Ibl [n the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less. or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A. then this
Policy is subject to the following:
(il where no subsequent improvement has been made. as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy: or
(al where a subsequent improvement has been made, as to any partial
loss. the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregale, l0
percent of the Amount of Insurance stated in Schedule A.
lc) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations,
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site. and a loss is established affecting one or
more of the parcels but not all. the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this pohcy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy.
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy,
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien ot encumbrance, or cures the lack of a right of access to or from the
land. or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(by In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a finaI detemfination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company,
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs.
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABIUTY NONCUMULATIVE
It is expressly understood that the amount of ir~uranc~ under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a moctgage to which excephon is takee in Schedule B or to
which the insured has agreed, assumed, oc taken subjee:t, ~ which is
hereafter executed by an iesured and which is a charge er lam on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS,
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the polic~, has been lost or deslroved, in wh,ch case proof
of lost or destruction shall be furnished to the ,atisfa~:fion of {he Company.
NM 1
ALTA Owner's Policy (4-6-90)
Form 11 71-3 Cover Page ORIGINAL
(Continued)
(by When hability and the extenl of loss or damage has been definitely,
fixed m accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUSROGATION UPON PAYMENT OR SETTLEMENT.
~al The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant,
The Company shall be subrogated to and be entitled to all rights and
remedies ghich the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company. the insured claimant shall transfer to the
Company all rights and remedies against an), person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue. compromise or settle in the name of the
insured clmmant and to use the name of the insured claimant in an)'
transaction or litigation in~ol~ing these rights or remedies.
[fa payment on account of a claim does not ful]y cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company', payment bears to the
whole amount of the loss,
If loss should result from any act of the insured claimant, as stated
abo~c, that act shall not void this policy, but the Company. in that event,
shall be required to pay only that part of any losses ~nsured against by this
policy which shah exceed the amount, if any. lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
lb} The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contamed in those instruments
which provide for subrogation rights by reason of this policy,
14. ARBITRATION
Unless prohibited byr apphcable law. either the Company or the insured
may demand arbitration pursuant to the Title Insurance ArbitraUon Rules
of the American .Arbitration Assoctation. Arbitrable matters may include.
but are not hmited to. any controversy or clmm between the Company and
the insured arising out of or relating to this policy, an) service of the
Compgny in connection with its issuance or the breach of a policy
provlston or other obligation. All arbitrable matters when the Amount of
Insurance is $1.000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1.000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or. at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitratorls} may be entered in any court having
jurisdiction thereo£
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(ay This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
be conslrued as a whole,
lb) Any claim of loss or damage, whether or not based on negligence.
and which arises out of the status of the title to the estate or interest
covered hereby or by an)' action asserting such claim, shall be restricted to
this policy.
lc) No amendment of or endorsement to this policy can be made
eXCepres~ent.t by a writing endorsed hereon or attached heretoAssistagnr, tsi ned by either the
a Vice President the Secretary. an Se~:retaD, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event an), provision of the policy is held invalid or unenforceable
under applicable law. the policy shall be deemed not to include that pro~i-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company' and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to Commonwealth Land Title Insurance
Company. Eight Penn Center, Philadelphia. Pennsylvania 19103-2198.
Valid Only If Face Page, Schedules A and B Are Attached
CLOSING STATEMENT
HOPE T. GILLISPIE f/k/a Hope T. Whitsit, f/k/a Hope T. Terry
and DIANA ALFORD f/k/a Diana W. Whitsit
to TOWN OF SOUTHOLD
Development Rights Easement - 20.0 acres
Total Parcel Acreage - 25.338 acres
Reserved Area - 5.338 acres
Premises: 36505 Main Road (Route 25), Orient
SCTM #1000-20-1-2.2 (f/k/a 1000-20-1-p/o 2)
Closing took place on October 5, 2005
Purchase Price of $ 270,000.00 disbursed as follows:
Payable to Diana Alford
Check #025027 (10/5/93)
Payable to Hope T. Gillispie
Check #025028 (10/5/93)
Payable to William H. Price, Jr. (attorney)
Check #025030 (10/5/93)
$ 134,385.00
$ 134,385.00
$ 1,230.00
Expenses of Closing:
Appraisal
Payable to Andrew D. Stype Appraiser
Paid prior to closing
Updated Appraisal
Payable to Andrew D. Stype Appraiser
Paid prior to closing
Title Report
Payable to Commonwealth Land Title Ins. Co.
Check ~025029 (10/5/93)
Fee insurance $1322.00
Recording deed $ 80.00
$ 650.00
$ 400.00
$ 1,402.00
Scott Harris
Harvey A. Arnoff, Esq.
William H. Price, Jr., Esq.
Hope T. Gillispie
Joan Dixon
Southold Town Supervisor
Attorney for Town of Southold
Attorney for Seller
Seller and
Power of Attorney for Diana Alford
Title Company Closer
October 5, 1993 025027
025027
$134,385.00
Diana Alford
Gq, OODDO~, 0~'
H1.8686.4
100593
Farmland PReservation
$134,385.00
025028
October 5, 1993 025028
I ~ c':;"!~ : .........
$134,385.00
Hope T. Gillispie
"'085088"' ~:08~NOSN~NC &3 O0000~, 0,'
H1.8686.4 100593
Fa rmiand Preservation
$134,385.00
025030
October 5, 1993 025030
$1230.00
William H. Price, Jr.
828 Front Street
PO Box 2065
Greenport, NY 11944
OOOOON
Vendor #16608 ...
Hi. 8686.4
100593
Gillispie/Alford to
Town of Southold $1230.00
JUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York i 1971
FAX (SI6) 765-1823
TELEPHONE ($16) 765-180!
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 24, 1990:
RESOLVED
authorizes
the services of Andrew Stype, at a total fei of $2,600.00,
purpose of conducting appraisals of the following properties:
Constance Terry-Hope Gillispie-Diana Alford
Tax Map #1000-20-1-2, Main Road, Orient, 20 acres
Dr. Calvin Rasweiler
Tax Map #1000-129-1-1, Laurel Lane, Laure, 57 acres
Barry Berkman
Tax Map #1000-94-3-3, n/s Oregon Road, Mattituck, 30 acres
Barry Berkman
Tax Map #1000-95-3-3.3, s/s Oregon Road, Mattituck, 38 acres
that the Town Board of the Town of Southold hereby
the Southold Town Farmland Preservation Committee to engage
for the
Judith T Terry
Southold T~wn Clerk~
April 26, 1990
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (5161 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 8, 1992:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, to
conduct an appraisal, at a total fee not to exceed $400.00, of the property
of Hope T. Gillispie and Diana Alford, Tax Map No. 1000-20-1-2, in Orient,
a total acreage of approximately 20 acres, for possible purchase under the
Farmland Preservation Program; this appraisal will update one previously
made by Mr. Stype in 1990 on this same parcel.
Judith T. Terry ~
Southold Town Clerk
September 9. 1992
-COMMONWEALTH LAND
TITLE INSURANCE COMPANY
(Slb) 2Jl-Gbb6 · (516) 727.ZZbU
299.20
OU~ TH~ COMPANY FOR SEARCH AND EXAMINATION
OF TITLE TO PREMISES:
TITLE CLOSED ON
RECEIPTS
TOTAL
F~I~ iNSUIIANC~ Ill
TOTAL
October 5, 1993 025029
025029
$1402.00
'".~ Commohweaith Land & Title Insurance Company
· , ~ 611 E Main Street
PO Box 419 -'£' ' ~-~ .... "~""
Riverhead, NY 11901
,'O2502~,' 1:O2~O5~: ~ OOOOO~ O"'
Vendor #3349
H1.8686.4
100593
Gillispie/Alford to
Town of SOuthold
$1402.00