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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. l{lll l l llll l [l[ l l lll ll llll [ l l ll l ll ll l lllllll ll{l[l ll l lll lllll lllll l ll l llll lll llll ll l lllll ll llll llllll ,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