Loading...
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