HomeMy WebLinkAboutDonahue FamilyAt a meeting of the Town Board held on the 12th day of April, 1962,
WHEREAS, the Superintendent of Highways of the Town of Southold
has advised the Town Board that a serious flooding condition exists on
Tuckers Lane at Southold and recommends that land be acquired on the
east side of Tuckers Lane for the purpose of constructing a leaching basin
to drain surface water on Tuckers Lane, and
WHEREAS, the Superintendent of Highways has also advised the
Town Board that he has consulted with the Donahue family, the owners of
the property on the east side of Tuckers Lane and said owners will convey
the parcel of land hereinafter described to the Town of Southold for the sum
of $1,500.00,
NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the
Town of Southold be and he hereby is authorized and directed to enter into
a contract and to purchase the property hereinafter described from the
present owners for the sum of $1,500.00, said real property being described
as folI~ws:
ALL that plot, piece or parcel of lan~ situate,
lying and being at Southold0 in the Town of Southold,
County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the easterly line of Tucker
Lane 300 feet southerly along said line from land now
or formerly of Zigmund Helinski and running thence
along other land now or formerly of Donahue three
courses, as follows:
(1) North 55 degrees 00 minutes 00 seconds East
149. 81 feet; thence
(2) South 35 degrees 00 minutes 00 seconds East
100 feet; thence
(3) South 55 degrees 00 minutes 00 seconds West
149.81 feet to the easterly line of said Tucker Lane;
thence along said easterly line North 35 degrees 00
minutes 00 seconds West 100 feet to the point of
beginning.
TITLE INS(_IR qNCE
POLICY
THE TITLE GUARANTEE COMPANY
~tl ~Ol~Si~¢t~gl~iOtl 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 as herein set
forth, or by reason of unmarketability of the title of the insured to or in the premises,
or by reason of liens or incumbrances affecting title at the date hereof, or by rea~n
of any 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,
excepting all loss and damage by reason of the estates, interests, defects, objections,
liens, incumbrances and other matters set forth in Schedule B, or by the conditions
of this 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 compli-
ance by the insured with the stipulations of said conditions, and not otherwise.
has caused this policy to be signed and sealed on its date of issue set forth herein.
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,CONDITIONS OF THIS POLICY~
Section l DEFINITIONS
(a) Wherever the term "insured" is used in this policy it includes
those who succeed to the interest of the insured by operation of law
including, without limitation, heirs, distributees, devisees, survivors,
personal representatives, next of kin or corporate successors, as the
case may be, and those to whom the insured has assigned this policy
where such assignment is permitted by the terms hereof, and whenever
the term "insured" is used in the conditions of this policy it also
includes the attorneys and agents of the "insured."
(b) Wherever the term "this company" is used in this policy it
means The Title Guarantee Company.
(c) Wherever the term "final determination" or "finally deter-
mined" is used in this policy, it means the final determination of a
court of competent jurisdiction after disposition of all appeals or after
the time to appeal has expired.
(d) Wherever the term "the premises" is used in this policy, it
means the property insured herein as described in Schedule A of this
policy including such buildings and improvements thereon which by
law constitute real property.
(e) Wherever the term "recorded" is used in this policy it means,
unless otherwise indicated, recorded in the office of the recording
officer of the county in which property insured herein lies.
Section 2 DEFENSE AND PROSECUTION OF SUITS
(a) This company wi!l, at its own cost, defend thc insured in all
actions or proceedings founded on a claim of title or incumbrance not
excepted in this policy.
(b) This company shall have the right and may, at its own cost,
maintain or defend any action or proceeding relating to the title or
interest hereby insured, or upon or under any covenant or contract
relating thereto which it considers desirable to prevent or reduce loss
hereunder.
(c) In all cases where this policy requires or permits this company
to prosecute or defend, the insured shall secure to it the right and
opportunity to maintain or defend the action or proceeding, and all
appeals from any determination therein, and give it all reasonable aid
therein, and hereby permits it to use therein, at its option, its own
name or the name of the insured.
(d) The provisions of this section shall survive payment by this
company of any specific loss or payment of the entire amount of this
policy to the extent that this company shall deem it necessary in
recovering the loss from those who may be liable therefor to the
insured or to this company.
Section 3 CASES WHERE LIABILITY ARISES
No claim for damages shall arise or be maintainable under this
policy except in the following cases:
(a) Where there has been a final determination under which the
insured may be dispossessed~ evicted or ejected from the premises or
from some part or undivided share or interest therein.
(b) Where there has been a final determination adverse to the title,
upon a llen or incumbrance not excepted, in this policy.
{c) Where the insured shall have contracted in good faith in writing
to sell the insured estate or interest, or where the insured estate has
been sold for the benefit of the insured pursuant to the judgment or
order of a court and the title has been rejected because of a defect or
incumbrance not excepted in this policy and there has been a final
determination sustaining the objection to the title.
(d) Where the insurance is upon the interest of a mortgagee and the
mortgage has been adjudged by a final determination to be invalid or
ineflbctual to charge the insured's estate or interest in the premises, or
subject to a prior lien or incumbrance not excepted_ in this policy;
or where a recording officer has refused to accept from the insured a
satisfaction of t.h? insured mortgage and there has been a final deter-
mination sustaining the refusal because of a defect in thc title to the
said mortgage.
(e) Where the insured shall have negotiated a loan to be made on
the security of a mortgage on ~he insnred's estate or interest in the
and it shall have been finally determined that the rejection of the
tide was justified because of a defect or i~cumbrance not excepted
in this policy.
(f) Where the insured shall have transferred the title insured by an
instrument containing covenants in regard to title or warranty thereof
and there shall have been a final determination on any of such cove-
nants or warranty, against the insured, because of a defect or incum-
brance not excepted in this pollcy.
(g) Where the insured estate or interest or a part thereof has been
taken by condemnation and it has been finally determined that the
insured is not entitled to a full award for the estate or interest taken
because of a defect or incumbrance not excepted in this policy.
No claim for damages shall arise or be maintainable under this
policy (1) if this company, after having received notice of an alleged
defect or incumbrance, removes such defect or incumbrance within
thirty days after receipt of such notice; or (2) for liability voluntarily
assumed by the insured in settling any claim or suit without the
written consent of this company.
Section 4 NOTICE OF CLAIM
In case a purchaser or proposed mortgage lender raises any question
as to the sufficiency of the title hereby insured, or in case actual
knowledge shall come to the insured of any claim adverse to the title
insured hereby, or in case of the service on or receipt by the insured
of any paper, or of any notice, summons, process or pleading in any
action or proceeding, the object or effect of which shall or may be to
impugn, attack or call in question the validity of the title hereby
insured, the insured shall prompdy notify this company thereof in
writing at its main office and forward to this company such paper or
such notice, summons, process or pleading. Delay in giving this notice
and delay in forwarding such paper or such notice, summons, process
or pleading shall not affect this company's liability if such failure has
not prejudiced and cannot in the future prejudice this company.
Section 5 PAYMENT OF LOSS
(a) This company will pay, in addition to the loss, all statutory
costs and allowances imposed on the insured in litigation carried on
by this company for the insured under the terms of this policy. This
company shall not be liable for and will not pay the fees of any
counsel or attorney employed by the insured.
(b) In every case where claim is made for loss or damage this
company (I) reserves the right to settle, at its own cost, any claim or
suit which may involve liability under this policy; or (2) may termi-
nate its liability hereunder by paying or tendering the full amount of
this policy; or (3) may, without conceding liability, demand a valua-
tion of the insured estate or interest, to be made by three arbitrators
or any two of them, one to be chosen by the insured and one by this
company, and the two thus chosen selecting an umpire. Such valua-
tion, less the amount of any incumbrances on said insured estate and
interest not hereby insured against, shall be tbe extent of this com-
pany's liability for such claim and no right of action shall accrue
hereunder for the recovery thereof until thirty days after notice of
such valuation shall have been served upon this company, and' the
insured shall have tendered a conveyance or assigmnent of the insured
estate or interest to this company or its designee at such valuation,
diminished as aforesaid. Tbe foregoing option to fix a valuation by
arbitration shall not apply to a policy insuring a mortgage or leasehold
interest.
(c) Liability to any collateral holder of this policy shall not exceed
the amount of the pecuniary interest of such collateral holder in the
premises.
(d) All payments made by this company under this policy shall
reduce the amount hereof pro tanto except (1) payments made for
counsel fees and disbursements in defending or prosecuting actions or
proceedings in behalf of the insured and for statutory costs and allow-
antes imposed on the insured in such actions and proceedings, and
(2), if the insured is a mortgagee, payments made to satisfy or subordi-
nate prior liens or incumbrances not set forth in Schedule B.
(e) When liability has been definitely fixed in accordance w/ih the
conditions of this policy, the loss or damage shall I~ [)ayal~le ~ithis*
thirty days thereafter.
No. 12366'2-7
~er ~tters are excepted {rom the coverage of this po[icy:
to maintain thereln yau~ts, t~Jnne~s, ramps or any other str
'prov~ment or any rights or eas,)ments thereln un)ess thls po
pro,ides that such lands, r~ghts or easements are ~nsured;
if th, premises abut upon a Fhyslcally apen street or h~gh~
of the pre~.ses m~.lK:,ht, show.
5/:.~/62 Shows ~can~ plo'c.
O, E;aoond h~lf !961/62 :)O~m ~ud -~,C1~:~02 T~zes.
Policy No. 123~:~27
SCHEDULE A
The p~emJses Jn w~Jch the insured has the esta,e or Jnteres+ covered by
AI~L that certain plot, piece or parcel of land, wivh the
buildings thereon erected, situate, lying and being at
Southold, in the To~.~n of Southold, County of Suffolk and
State of h~ew York, bounded and described as fo!!o~.~s:
BEGINNING at a point on the easterly line of Tucker Lane
dis~nt 300 feet southerly along said line from land of Zi6mung
Helinski and running
T]~.NCE along other land of Donal~ue tl~ree courses as follows:
~ ~ !~9.81 ';~ .~'
!. ~Torth 55 degrees OO minutes O0 seconds ..~ao~ ~ee~,
2. South 35 degrees O0 minutes O0 seconds East t00 feet;
South 55 decrees O0 minutes O0 seconds weo~ l~lO.~!
'glue easberly line of said i~cker Lane;
feet
~.~C~ along sai~ easterly line of said lane i~orth 35
OO minutes O0 seconds '~est 100 feet to the point o'~· place of
bei']inning.
CONDITIONS CONTINUED FROM INSIDE FRONT COVER
"Section 6 CO-INSURANCE AND APPORTIONMENT
(a) In the event that a partial loss occurs after an alteration or
improvement subsequent to the date of this policy, and only in that
· ) event, the insured becomes a co-insurer to the extent hereinafter set
forth.
If the cost of the alteration or improvement exceeds 20 per ccntum
of the amount insured hereunder, such proportion only of any partial
loss established shall bc borne by this company as 120 per centum of
the amount of this' policy bears ~o the sum af the amount of this policy
and thc amount expended for thc alteration or improvement.
This clause shall not apply to counsel fees and disbursements in-
curred by this company in defending or prosecuting actions or pro-
ceedings in behalf of the insured pursuant to the terms of this policy
or to costs imposed on the insured in such actions or proceedings. This
clause shall not apply to losses which do not exceed in the aggregate
an amount equal to one per centum of the face amount of this policy.
This company will pay such fees, disbursements, costs and losses with-
out contribution by the insured.
(b) If the premises are divisible into separate, independent parcels,
and 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 az
if this policy were divided pro rata aa to value of said separate,
independent parcels, exclusive of improvements made 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) If~ at the time liability for any loss shall have been fixed pur-
suant to the conditions of this policy, the insured holds another policy
of insurance covering the same loss issued by another company, this
company shall not be liable to the insured for a greater proportion of
the loss than the amount that this policy bears to the whole amount of
insurance held by the insured, unless another method of apportioning
the loss shall have been provided by agreement between this company
and the other insurer or insurers.
Section 7 ASSIGNMENT OF POLICY
If the interest insured by this policy is that of a mortgagee, this
policy may be assigned to and shall inure to thc benefit of successive
a~ignccs of the mortgage without consent of this company or its ch-
dorscmcnt of this policy. Provision is made in thc rate manual of
New York Board of Title Underwrilers filed with thc Superintendent
of Insurance of the State of New York on behalf of this and Giber
member companies for continuation of liability to grantees of the
insured in certain specific circumstances only. In no circumstance
provided for in this section shall this company be deemed to have
insured the sufficiency of the form of the assignment or other instru-
ment of transfer or conveyance or to have assumed any liability for the
sufficiency of any proceedings after the date of this policy.
Section 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 such instruments as may be
requested to transfer such rights to this company. The rights so trans-
ferred shall be subordinate to any remaining interest of the insured.
(b) If the insured is a mortgagee, this company's right of subroga-
tion shall not prevent the insured from releasing the personal liability
of the obligor or guarantor or from releasing a portion of the premises
from the lien of the mortgage or from increasing or otherwise modify-
ing the insured 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 shall in no event be increased by
any such act of the insured.
Section 9 MISREPRESENTATION
Any untrue statement made by the insured, with respect to any
material fact, or any suppression of or failure to disclose any material
fact, or any untrue answer by the insured, to material inquiries before
the issuance of this policy, shall void this policy.
Section 10 NO WAIVER OF CONDITIONS
This company may take any appropriate action under the termz of
this policy whether or not it shall be liable hereunder and shall not
thereby concede llabiliW or waive any provision of this policy.
Section 11 POLICY ENTIRE CONTRACT
All actions or proceedings against this company must be ba~ed on
thc provisions of this policy. Any other action or actions or rights of
action that thc insured may have or may bring against this company
in respect of other serv/ces rendered in connection with the issuance
of this policy, shall be deemed to have merged in and be restricted to
its terms and conditions.
Section 12 VALIDATION AND MODIFICATION
This policy is valid only when duly signed by a validating officer or
agent. Changes may be effected only by written endorsement. If the
recording date of thc instruments creating the insured interest is later
than the pollcy date, such policy shall also cover intervening liens or
incumbrances, except real estate taxes, assessments, water charges and
ENDORSEMENTS