HomeMy WebLinkAboutFellinger-Ihar, John & Olivia CONSULT YOUR LAWYER BEI:OI~ SIGNING THIS INSTRUMENT--THIS INETRUMENT SHOULD BE USED BY LAWYERS ONLY.
TltI~ IND~ made the I ~ day of September , nineteen hundred and seventy-e±ght
B£TWF..~ .JOHN FELLINGER-IHAR and OLIVIA FELLINGER-INAR, as tenants-in-
common, both residing at 3190 Duck Pond Road, Cutchogue, New York,
party o£ the first part, and
principal place of business at
party of the second part,
Town of Southold, a municipal corporation, having its
(no number) Main Road, Southold, New York
DISTRICT
1000
$679
that the party of the first part, in consideration of
REAL EST,~.TE
UU I t :~ 1978
Tr~,,, ,SFER
SLJFFOLK
COUNTY
Ten ($10.00) .................................................. dollars,
SECTION
O83.00
lawful money of the United States, and other good and valuable consideration p~dd
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
BLOCK
02.00
LOT ~
019.00~
successors and assigns of the party of the second part forever,
that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being~JXll~ at Cutchogue, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly line of the land of John
J. Walters, which point is the following courses and distances from
a monument set at the intersection of the northeasterly line of
Duck Pond Road with the northwesterly line of Oregon Road;
(1) North 39° 00' 00" West along the northeasterly line of Duck
Pond Road 238.00 feet;
(2) North 49° 44' 40" East along the northwesterly line of the
land of Antone Haurus, 168.11 feet;
(3) North 39° 00' 00" West along the southwesterly line of the
land of John J. Walters 23.85 feet;
(4) North 49° 44' 40" East along the northwesterly line of the land
of John J. Walters, 131.96 feet;
and running thence from said point of beginning northwesterly,
northeasterly, again northwesterly and again northeasterly along
the land of the parties of the first part the following courses
and distances:
(1) North 39° 00' 00" West 269.69 feet;
(2) North 51° 00'
(3) North 40° 27'
(4) North 51° 00'
and Peter Zuhoski;
00" East 143.50 feet;
25" West 275.08 feet;
00" East 20.01 feet to the land of Joseph Zuhoski
thence South 40° 27' 25" East along the land of Joseph Zuhoski and
Peter Zuhoski, 541.02 feet to the land of Antone Haurus;
Thence South 49° 44' 40" West along the lands of Antone Haurus and
of John J. Walters 170.31 feet to the point or place of beginning.
TOGETHER with a twenty (20) foot easement for laying and maintaining .
a storm sewer and for ingress and egress to the above-described parcel
of land, the center line thereof described as follows:
BEGINNING at a point on the northeasterly line of Duck Pond Road,
which point is North 39° 00' 00" West 388.00 feet from a monument
set at the intersection of the northeasterly line of Duck Pond Road
with the northwesterly line of Oregon Road and
running thence North 51° 00' 00" East 300.00 feet to a point in the
southwesterly line of the above-described parcel of land.
T~I~'I-flER with all right, title and interest, if any, of the party of the first part in and to any streets and
i~o~ds abutting the above described premises to the center lines thereof,
TOC.~.q-PIER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
';Uccessors and assigns of the party of the second part 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.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
~N ~'[1'1~-.~ ~'H~,EOF, the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
~/JOHN FELL°INGER- IHAR
FELLINGER- IHAR
Onthe I~Y~ September 1978 , before me Onthe dayof
persona~y came John Fellinger-Ihar and persona~ycame
Olivia Fellinger- Ihar
to me known to be the indlvidua~ described in and who
executed the foregoing instrument, and a~nowledged that
they executed the ~
N~tary Pub 1 i~ /
19 , before me
to me Enown to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YORK. ~OUNTY OF ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
;
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
STATE OF NEW YORK, ~OUNTY OF ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
;
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
WHH COVENANT AGAINST GRANTOR'S ACTS
TITI~ NO.
JOHN FELLINGER-IHAR and OLIVIA
FELLINGER-IHAR
TO
TOWN OF SOUTHOLD, a municipal
corporation
SECTION
BLOCK
LOT
COUNTY OR TOWN
II
Recorded By:
I~'~IFE TITLE INSURANCE
Company of New York
127 W. Main Street
RiYerhead, N.Y. 11901
Rec.21
II
ROBERT W. TASKER, Esq.
Office of Town Attorney
Town of Southold
425 Main Street
Greenport, New York
ZipNo. l1944
ATTI3RNE:Y AT LAW
January 25, 1979
Mrs. Judith T. Terry, Town Clerk
Southold Town Hall
Main Road
Southold, New York 11971
Dear Judy:
Re: Fellinger-Ihar w/Town of Southold
Enclosed herewith is deed dated September 19, 1978 from John
Fellinger-Ihar and Olivia Fellinger-Ihar to the Town of Southold,
which deed was recorded in the Suffok County Clerk's Office on
October 12, 1978 in Liber 8512 of Deeds at Page 410.
I have b~en holding this deed in my file pending the receipt of
the title insurance policy. I have checked with the title company
today and they assure me that it will be sent out within the next
couple of days.
I have previously sent you survey maps of the property.
In order that I may have a record for my file, will you please
acknowledge receipt by signing and returning to me a copy of
this letter enclosed for that purpose.
Yours very truly,
RO 'R/TW~.~---TASKER
RWT:fae
Enc.
OFFIOE
425 MAIN ST.
GREENPORT, L. I., N.Y. 11944
IliCI:tVED
To'"n C'''4~
October 3, 1978
Hon. Judith T. Terry
Southold Town Clerk
Town Hail
Southold, New York 11971
Re: Town of Southold w/ Fellinger-Ihar
Dear Judy:
Title to the highway drainage area being purchased by the Town of
Southold from Fellinger~Ihar and located on the east side of Duck
Pond Road, Cutchogue closed several days ago.
The deed is being recorded in the Suffolk County Clerk's Office. When
the deed and title insurance policy are returned to me they will be sent
to you for filing in your office. In the meantime I am enclosing herewith
a copy of the survey map of the premises in question.
I am also sending a copy of the map to the Superintendent of Highways
in order that he may commence construction of the drainage sump.
Yours very truly,
ROBERT W. TASKER
RWT:MY
Enclosure
CC: Mr. Raymond C. Dean
Superintendent of Highways
~0
SURVEY FOR
7'O/'IIA/ 4:~~''
AT
TOWN OF'
SUFFOLK" COUNTY, NEW YORK
t~11,~ YOUNG a YOUNG
ALDEN W. YOUNG~PROFESSIONAL ENGINEER
AND LAND SURVEYOR NY.S. LICENSE N0.12845
HOWARD W YOUNG, LAND SURVEYOR
N.Y~S. LICENSE N0.45895
400 OSTRANDER AVENUE
RIVERHEAD, NEW YORK
ATTORNEY AT LAW
T,m.,n f;'~ .i
September 26, 1978
¥o,.pg ~
400 Ostrander Avenue
Riverhead, New York 11901
Re: Town of Southold w/ Fellinger-Ihar
Dear Sirs:
I enclose herewith check of the Town of Southold to your
order ]n the amount of $65.00 to cover your statement
for survey work performed.
Also enclosed is a Town voucher which I ask you to sign
and return to the Southold Town Clerk, Main Road,
Southold.
Yours very truly,
~Ois~Ji,'~- w. f~4SKER
RWT:MY
]~Jlclosu
OFFIr.~RNEY
TO__LO
425 MAIN
GREENPI3RT, L. I., I~1. Y., 11944
August 1, 1978
Hon. Albert M. Martocchia
Supervisor of the Town of Southold
Town Hall
Southold, New York 11971
Re: Fellinger-Ihar w/ Town of Southold
Drainage Sump East Side of Duck Pond Road
Dear Sir:
I have examined the contract with Fillinger-Ihar for the purchase of a drain-
age sump area on the east side of Duck Pond Road. You will note that paragraph
25 of the rider makes the contract and the purchase subject to a permissive
referendum. In reviewing the Town Law, I find that the purchase of this
property is not subject to a permissive referendum. I have therefore struck
out of paragraph 25 any reference to a permissive referendum. I have discussed
this with Mr. Scheinberg and he is agreeable to such deletion.
Enclosed herewith are the contracts in duplicate. Will you please sign both
copies on the second page of the printed form and again on the second page of
the rider. Both copies should then be returned to me for transmittal to Mr.
Scheinberg for execution by the sellers.
Yours very truly,
RWT:MY
u/Enclosures
CC: Hon. Judith T. Terry
ROBERT W. TASKER
RECEIVED
AUG 0 1918
Tow. Clerk Southold
nFFIP. RNEY
42~- MAIN ST.
BREENPnRT, L. I., N,Y. 11944
February 1, 1979
Hon. Judith T. Terry
Southold Town Clerk
Town Hall
Southold, New York 11971
Re: Town of Southold w/ Fellinger-Ihar
Dear Judy:
With respect to the above captioned title closing which took place
on September 20, 1978, I enclose herewith USLife Title Insurance
Company policy of title insurance No. 78-52-22072 dated
September 19, 1978 in the amount of $2, 000.00 naming the Town
of Southold as the insured.
Yours very truly,
ROBERT W. TASKER
RWT :MY
Enclosure
~'-~,IFE TIT ii INSURANCE Company of New'~
Policy of
Title Insurance
IN CONSIDERATION OF the payment of its charges for the examination of title and its
premium for insurance, insures the within named insured against all loss or damage not
exceeding the amount of insurance stated herein and in addition the costs and expenses
of defending the title, estate or interest insured, which the insured shall sustain by
reason of any defect or defects of title affecting the premises described in Schedule A or
affecting the interest of the insured therein ss herein set forth, or by reason of un-
marketability of the title of the insured to or in the premises, or by reason of liens or
incumbrances affecting tiff e at the date hereof, or by reason of a ny statutory lien for labor
or material furnished prior to the date hereof which has now gained or which may
hereafter gain priority over the interest insured hereby, or by reason of lack of access to
and from the premises, excepting all loss and damage by reason of the estates,
interests, defects, objections, liens, incumbrances and other matters s'et forth in
Schedule El, or'by the conditions of th is policy hereby incorporated into this contract, the
loss and the amount to be ascertained in the manner provided in said conditions and to
be payable upon compliance by the insured with the stipulations of said conditions, and
not otherwise.
IN WITNESS WHEREOF, USLIFE TITLE Insurance Company of New York has caused this
policy to be signed and sealed on its date of issue set forth herein.
Pre$ident~ ~
~ame of,nsurad TOWN OF SOUTHOLD
The estate or interest insured by this policy is
vested in the insured by means of
D E E D recorded 10/12/78
Policy NO, 78-52-22072
Amount of $2,000.00
Date of,ssue 9/19/78
Schedule A
The premises in which the insured has the estate or interest covered by this policy is deScribed on the description sheet annexed.
Schedule B
The following estates, interests, defects, objection to titre, liens and incumbrances and other matters are exceqted from the coverages of this policy:
1. Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided.
2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises,
3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or
improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any violstion thereof.
4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the pdvity of the
insured.
5. Tifleto anyproperWbeyond the lines ofthe premises, or titletoareaswithin or rights or easements in anyabutting streets, roads, avenues, lanes,ways or waterways,
or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or
easements are insured, Notwithstanding any provisions in this pa rag raph to the contrary, this pollcy unless othen~ise excepted, insures the ordlna ry rights of access
and egress belonging to abutting owners.
6. Title to any personal proper[y, whether the sene be attached to or used in connection with said premises or o~herwlse,
SURVEY by Young and Young, dated 9/20/78 shows premises ss vacant land;
no encroachments or variations. Company excepts any state of facts a
survey or inspection of the premises made since 9/20/78 might show.
RIGHTS of tenants or persons in possession, if eny.
POSSIBLE unpaid water charges.
. ':'~ Repo'~ 13 (.11/74)
SCHEDULE A (Description)
ALL thatce~ain plot, piece or parcelof land, with the buildings and improvementsthereon erected, situate.
lyingand ~ing at Cutchogue, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly line of the land of
John Jo Walters, which point is the following courses and dis-
tances from a monument set at the intersection of the northeast-
Duck Pond Road with the northwesterly line of oregon
erly line of
Road;
1) North 39° 00'
Pond Road 238.00
00" West along the northeasterly line of Duck
feet;
2) North 4.9° 44' 40" East along the northwesterly line of the
land of Antone Haurus, 168.11 feet;
3) North ~9° 00' 00" West along the southwesterly line of the land
of John J. Walters, 23.85 feet;
4) North 49° 44' 40" East along the northwesterly line of the land
of John J. Walters, 131.96 feet;
and running thence from said point of beginning northwesterly,
northeasterly, again northwesterly and again northeasterly along
parties of the first part the following courses
the land of the
and distances:
1) North 39° 00'
00" West 269.69 feet;
2) North 51° 00' 00" East 143.50 feet;
3).North 40° 27' 25" West 275.08 feet;
4) North 51° 0Q' 00" Esst 20.01 feet to the land of Joseph Zuhoski
and Peter zuhoski;
thence South 40° 27' 25" East along the land of Joseph Zuhoski and
Peter Zuhoski, 541.02 feet to the land of Antone Haurus;
Thence South 49° 44' 40" West along the lands of Antone Haurus and
of John J. Walters 170.31 feet to the point or place of beginning.
continued-
DESCRIPTION continued--
TOGETHER with a twenty (20) foot easement for laying and maintaining
a storm sewer and for ingress and egress to the above described parcel
of land, the center line thereof described as follows:
BEGINNING at a point on the northeasterly line of Duck Pond Road,
which point is North 39° 00' 00" West 388.00 feet from a monument
set at the intersection of the northeasterly line of Duck Pond Road
With the northwesterly line of Oregon Road and
running thence North 51° 00' 00" East 300.00 feet to a point in the
southwesterly line of the above described parcel of land.
"~ -'[IFE TIT~ E INSURANCE Company of NewSk .,, .;
Endorsement
Attached to and made a part of USLIFE TITLE INSURANCE Company of New York
Policy No, 78-52-22072 TO~IN OF 2CUTHOLD
~id policy is hereby amended as follows:
To delete the following:
Company excepts any state of facts a survey or inspec-
tion of the premises made since 9/20/78 might show.
This endorsement is made a part of the policy and is subject to all the terms and provisions
thereof and of any prior endorsements thereto. Except to the extent expressly stated, it
neither modifies any of theterms and provisions of the policy and priorendorsements, if any,
nor does it extend the effective date of the policy and prior endorsements or increase the
face amount thereof.
Signed and sealed this 29th day of
By
Countersigned
January ,1979
Nat. 4 (10-74)
Conditions
of this Policy
1. Definitions
If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the
company as one hundred twenty per centum of the amount of this policy bee rs to the sum a mount of this policy and th e amount expended for th · improvement, The
foregoing provisions shal[ not apply to costs a n d attorn eye' fees incurred by the company in prosecuting or providing for the defense of actions or proceedings in behalf
of the insured pursuant to the terms of this policy or to costs imposed on the insured in such actions or proceeding, and shall appry only to that portion of losses which
exceed in the aggregate ten per cent of the face of the policy.
Provided, however, that the foregoing co-insurance provisions shell not apply to any loss arising out of a lien or incumbrance for a liquidated amount which existed on
the date of this policy and was not shown in Schedule D; and provid ed further, such co-insu rance provisions shall not apply to any loss if, at the time of th e occurrence of
such Ions, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy.
(b) If the premises are divisible into separate, indepen dent parcels, a nd a loss is established affecting one or more but not all of said parcels, the loss shall be computed
and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent pa rcels exclusive of improvements m ada subsequent to the
date of this policy.
(c) Clauses '(a)' and "(b)" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor.
(d) ~f~atthetime~iabi~ityf~rany~sssha~havebeen~xedpur~u~ntt~thec~nditi~ns~fthis~icy~tbeinsuredh~ds~n~therp~icyofinsurancec~veringthes~mei~ss
issued by another compa ny. this company she II not be Ii able to the insu red for a greater proportion of the I oas than the amount that th is policy bears to the whole a mount
of i nsu fence held by the insu red, unless anoth er method of a pportloning the loss shall have been provided by agreement between this company an d the oth er insu ret or
insurers.
7. A~tlgnment of Policy
If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enureto the benefit of successive assignees of the mortgage without
consent of this company or its endorsement of this policy. Provision is made in the rate ma nual of New York Board of Title Underwritars filed with the Superintendent of
Insurance of the State of New York on behalf of this end other member companies for continuation of l iabilityto grantees of the insured in certain specific circumstances
only. In no circu msta nce provided for in this sect[on shall this corn pany be deemed to have insured the sufficiency of the form of the assign merit or oth er i nstrum ent of
transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy.
8. Subrogation
(a) This company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall
execute su ch instruments as may be re(~uested to transfer such rights to this company. The rig hts so transferred shall be subordinate to any remainlng interest of the
insured.
(b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or guarantor or
from releasing e portion of th · premises from th · lien of the mortgage or from increasing or otherwise modifying the insu red mortgage provided such acts do not affect
the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy sharl in no event be increased by any su ch act of the
insured.
10. No Wah~er of Conditions
I~-'],IFE TITLE INSURANCE Company of New York
New York State Offices
Albany C~unty
90 State Street, Albany 12207
518472-9161
Bronx County
2488 Grand Concourse, Bronx 10458
212 292-5200
Kings County
185 Montague Street, Brooklyn, 11201
212 522-0777 212 425-8010
NIIlaU County
170 Jericho Turnpike, Floral Park 11001
516 354-8500 212 347-2010
New York County
125 Maiden Lane, New York 10038
212425-8010
Queens County
90-15 Sutphin Boulevard, Jamaica 11435
212 739~001
Richmond County
350 St. Marks Place, St. George, B.I. 10301
212442-2700
Rockland County
20 South Main Street, New City 10956
914634-3612 212 292-1528
Suffolk County
127 W. Main Street, Riverhead 11901
516 727-4140 212 962-1445
Weatcheater County
235 Main Street, White Plains 10601
914 948-4040 212 824~404
N Y B.T.U. Form No. 100D