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HomeMy WebLinkAboutSchriever, William WSTATE OF KEW YORK, COUNTY OF ©nf{h~ /~ dayof May ~ William W. Schriever to mc km~wn to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. ffo~ary Pub ~e NOTARY PUbLiC, ~ommls~ion Ex~i~s 19 79, before me On the 19 , before me persoually came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY 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 be 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 llke order. STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with wbom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Bargain ale Bee WITH COVENANT AGAINST GRANTOR'S ACTS T,TLENO. / o¢/fl3 ?, O. T, SCHRIEVER TO TOWN OF SOUTHOLD STANOARO FORM OF NEW YORK 0OARD 0¢ TITLE UNDERWRITERS Distribute~ by CRWC,~GO ~l~w.~ INSURANCE CO~ PA~ SECTION BLOCK LOT COUNTY OR TOWN Reoarded at Request o~ CHICAGO TITLE INSURANCE COMPANY Re~um by Mail to Robert Tasker, Esq. 425 Main Street Greenport, New York Zip No. ROBERT W. TASKER To~n Attorney May 10, 1979 RECEIVED I AY 1 t 1979 TELEPHONE (516) 47%1400 / Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Town of Southold w/ Schriever Exchange of Property at Orient Dear Judy: With respect to the above captioned title closing, I enclose herewith for filing in your office the following: (1) Deed from William W. Schriever to the Town of Southold dated May 1, 1979 and recorded in the Suffolk County Clerk's Office on May 3, 1979 in Liber 8620 of deeds at page 83. (2) Title Guarantee Company title insurance policy No. 1204173 in the amomn{'of $5, 000.00, dated May 1, 1979, naming the Town as the insured. (3) Survey map dated May 15, 1978 indicating the parcels exchanged. In order that I may have a record for my files, will you please acknowledge receipt of the enclosures by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, ROBERT W. TASKER RWT :MY Enclosures © TITLE INS(IR NCE IC¥ THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a California Corporation, jointly and severally, together herein called "the Company," in consideration of the payment of its charges for the examination of tide 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 tide at the date hereof, or by reason or 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, or by reason of a 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 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 compliance by the insured with the stipulations of said conditions, and not otherwise. DFI C~i~He55 ~x'~:l~eOf; the companies have caused their corporato names and seals to be hereunto affixed by their duly authorized officers. PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY CONDITIONS OF THIS POLICY~ Section 1 DEFINITIONS (a) Wherever the term 'ir~ured" is used in this policy it includes tho~e who succeed to thc interest of the insured hy operation of law including, without limitation, hclrs, distrlbutecs, devisees, survivors, personal representatives, next of kin or corporate successors, as the ca~ may be, and those to whom the insured has assigned this policy where such a.~ignment is permitted by the tcrrm hereof, and whenever the term "immred" is used in the condition~ of this poficy it also includes the attorne~ and agents of thc "insured." (b) Wbere'~er the term "this company" is used in this policy it means The Title Guarantee Company and Pioneer National Tll[e Insurance 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 jurlsdlcfion after disposition of all appeals or after the t/me 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 pzoperty insured herein lies. Section 2 DEFENSE AND PROSECUTION OF SUITS (a) This company will, 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 tide 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 dafend, the insured shall secure to it the right and opportunity to maintain or defend the action or proceeding, and ali 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 lcm or payment of the entire amount of this policy to the extent that this company shall deem it necessary in recovering the Io~ 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 thc following cases: (a) Where there has been a final determination under which the insured may be dispoisss~d, evicted or ejected from the premises or from some part or undivided share or interest therein. (b) Where there has been a final cletermination adver*e to the title, upon a lien 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 thc 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 thc objection to the tide. (d) Where the insurance is upon the interest cfa mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual 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 the insured mortgage and there hai been a final deter- mination sustaining the refusal lSccausc of a defect in the title to the Mid mortgage. (e) t. Vhcre the insured shall have negotiated a loan to be made on and it shall have been finally determined that thc rejection of the title was justified because of a defect or incumbrance not excepted in this policy. (f) Where the insured shall have transferred the tide insured by an instrument eonsalulng 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 policy. (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 enfided to a full award for the estate or interest taken because of a defect or incumbrance not excepted in this policy. No claim for dan'ages shall arise or be maintainable under this policy (1) if this company, alter 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 a~umed 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 qoc~tion as to the sufficlcncy of the title hereby insured, or in ~ actual knowledge shall come to the insured of any claim adverse to the tide insured hereby, or in case of the service on or receipt by the insured of any paper, or of any nodcc, summons, proce'~ 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 tide hereby insured, the insured shall promptly 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 ha~ not prejudiced and cannot in the future prejudice dtis company. Section 5 PAYMENT OF LOSS (a) This company will pay, in addldon to thc Io~, all statutory costs and allowances imposed on thc insured in litigation carrlcd on by this company for thc insured under thc 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 ease where claim is made for loss or damage this company (1) reserves the fight to settle, at its own co~t, 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 the extent of this cum- 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 assignment of the insured estate or interest to this company or its designee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest. (e) 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- ances 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) XVhen liability has been definitely fixed in accordance with the conditions of this Iici,', the loss or damage snail be payable within -_-...~un~NCECOMPANY ~ Policy No. 1204173 Amount of Insurance ~J~ , 000 · 00 Date of Issue 5/1/79 The estate or interest insured by this policy is fee simple vested in the insured by means of William S. Schriever to the INSURED dated 5/1/79, · recorded 5/3/79. a deed made by SCHEDULE B The following estates, interests, defects, objections to rifle, liens and ~ncumbranoes and other matters are excepted from the coverage of fb~s 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 enforce- ment of any governmental, war or police powers over the premises. 3. Any laws, regulations or ordinances (including, but not llmitmd to zon- ing, buHdlng, and environmental protection) as to use, occupancy, sub- division or ~mprovement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with or any violation thereof. 4, Judgments against the insured or estates, interests, defects, obiecfions, .,~. I;ens or ;ncumbrances created, suffered, as%umed or agreed to, by er Survey by Roderick VAn Tuyl dated 5/15/78 shows vacant land. No variations. SCHEDULE "B" OF THIS POLICY CONSISTS OF ~ SHEET(S). Policy No. .... · .,nnrcCE COMPANY le04173 A MI~'D~I~ SCHEDULE A The premises in which the insured h~s the esf~te or i.teresf covered by fhis policy ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at a point which is on the westerly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: 1) North I degrees 47 minutes 30 seconds East 268.55 feet; 2) North 8 degrees06 minutes 30 seconds West 195.27 feet proceeding along land of the Town of Southold the following two courses: 1) South 82 degrees 32 minutes RO seconds Wemt 100 feet; 2) South 8 degrees 06 minutes BO seconds East 38.B1 feet; THENCE along land of William W. Schriever the following three CO'L1,z~es: ~} SouthSTdegrees gTminutes 30 seconds West 114,16 feet; NorthLdegrees 3~?minutes 00 aecondsWest4?.28feet; ~orth degrees minutes 30 seconds East 208.50 feet to the westerl~ ~ne of Tabor Road and the point or place of ~EGi~I~G. Section 6 (a) In the event that a partial 1o~ occurs after thc insured makes an improvement subsequent m the date of this policy, and only in that event, the insured becomes a coimurer m the extent hereinafter set forth. If the cmt of the improvement excee& twenty per centom of the amount of this policy, such proportion only of any partial loss estab- lished shall be borne by the company ns one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the improvement. The fore- going provisions shall not apply to co,ts and attorney~' fce~ incurred by the company in prosecuting or providing for the defense of actions or proceedings in behalf of the insuredpur~uant to the terms of this policy or to cnsLs impend on the insuredin such actions or proceed- lugs, and shall apply only to that portion of lo,es which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing coinsurance provisions shall not apply to any 1o~ 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 B; and provided further, such coinsurance provtsion~ shall not apply to any 1o~ if~ at the time of the occurrence of such los.% the then value of the premises, as ~o improved, does not exceed one hundred twenty per centum of the amount of this policy. (b) If the premls~ are divisible into separate, independent parcels, and a Io~ is established affecting one or more but not ail of said parceh, the 1o~ shall be computed and setded on a pro rata busts ns if this policy were divided, pro rata ns to value of said separate, independent parcels, exclusive of improvements made subsequent to the date of thi* policy. (c) C~auses "(a)" and "(b)" of this section apply to mor~gege 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 fi.xed pur- suant to the conditions of this policy, the insured holds another policy of insurance covering the same 1o~ issued by another company, this company shall not he liable to the imured for a greater proportion of the loss than the amount that this policy bear~ to the whole amount of insurance held by the insured, unless another method of apportioning the loss shall have bee~. provided by agreement between this company and the other insurer or insurer~. COINSURANCE AND APPORTIONMENT member companies for continuation of liability to grantees of the Section 7 ASSIGNMF. NT OF POLICY If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and ~ inure to thc benefit of successive nssigneea of the mortgage without consent of this company or its en- dorsement of this policy. Provision is made in the rate manual of New York Board of Title Underwrltera filed with the Superintendent of Insurance of the State of New York on behalf of this and other imured 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 under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall execute such imtruments a~ may be requested to transfer such rights to this company. The rights ~o trans- ferred shall be subordinate to any remaining interest of the insured. (b) If the imured is a mortgagee, this company's right of subroga- tion shall not prevent the insured from relenslng 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. Se~lon 9 MISREPRESENTATION Any untrue statement made by the insured, w~th respect to any material fact, or any suppression of or failure to dlsclo~ 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 acdon under thc terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. Section I1 POLICY ENTIRE CONTRACT All actions or proceedings against this cOmpany must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against this company in respect of other services rendered in connection with the ismance of this policy, shall be deemed to have merged in and be r~tricted to its terms and conditions. Section 12 VALIDATION AND MODIFICATION Thispolicy is valid only when duly signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recordihg date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and ENDORSEMENTS JUDITH T. TERRY · TO%VN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF TOWN',.CLERK Town Sour o / 'SUFFOLK C~trNT7 Southold, L. I., N. Y. 11971 TELEPHONE ($16) 765-1B0! April 30, 1979 Mr. William W. S~hriever Orient, New York 11957 Dear Mr. Schriever: At a regular meeting of the Southold Town Board held on April 24, 1979, a resolution was adopted authorizing the Town Attorney to prepare deeds, and the Supervisor to execute said deeds for the exchange of property between the Town of Southold and yourself on Tabor Road, Orient,. New York. Very truly yours, Judith T. Terry Town Clerk JUDITH T. TERRY - TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF TOWlq,}CLERK so o? SUFFOLK COUNTY Sou(hold, L. I., N. y. 11971 TELEPHONE ($16) '/65-1 ~01 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 24, 1979: RESOLVE~ that the Town Attorney be and he hereby is authorized and directed to prepare deeds, and the Supervisor be and he hereby is authorized and directed to execute said deeds for the exchange of property between the Town of Southold and William W. Schriever at Tabor Road, Orient, New York. Parcel A to be conveyed to the Town of Southold by William W. Schriever and Parcel B to be conveyed to William W. Schriever by the Town of Southold; said parcels are shown on a certain map entitled, "Map of Exchange Town of Southold with William W. Schriever" as prepared by Roderick Van Tuyl, P.C. under date of May 15, 1978, and described as follows: PARCEL A All that certain plot, piece of parcel Of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at point which is on the westerly line of Tabor Road said point being distant from the inter- section of the northerly line of Orchard Street With the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of Southold the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) South 8 degrees 06 minutes 30 seconds East 38.31 feet, thence along land of William W. Schriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 114.16 feet, (2) North 0 degrees 38 minutes 00 seconds West 47.28 feet and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of beginning, containing 0.131]. acres.. PARCEL B Ail that certain plot, piece of parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County,' New York, as follows: BEGINNING at a point which is on the westerly line of Tabor Road said point being distant from the inter- section of the northerly line of Orchard Street with the westerly line of Tabor Road the f611owing two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceeding along land of William W. Schriever the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees 47 minutes 30 seconds East 100.52 feet to the westerly line of Tabor Road; thence along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.49 feet to the point or place of beginning, containing 0.1311 acres. Supervisor Albert Martocchia Town of Southold Town Hall Southold, N. Y. 11971 April 23, 1979 IAPg, '1979 Dear Supervisor Martocchta: The entire parcel which ts to become the drainage facility on the Nest side of Tabor Road tn Orient is now completely filled and graded. Since the underground drainage facility has already been Inspected and approved by the Superintendent of Highways~ I believe I have completed all of the requirements as stated tn the contract for the exchange of property with the Town of Southold. A /~.3ncerely ~ours, William ~ chriever Copies To: Superintendent of Highways Planning Board Robert W. Tasker, Esq. Charles R. Cuddy, Esq. November 15, I978 Supervisor Albert Martocchta ~CE}VEO Tpwn of Southold Town Hall , .... " $outhold, N. Y. 11971 .s0.uT~m~ ~o~ Dear Mr. Marto¢chia: Today [ com91eted th~ ~nstallatton of the haw drainage system on Tabor Road~ the removal of the old sum~ and the resradin~ of the area 9revtously occugted by the o~d sum~. In Erad~n~ the area I made ~t conform to the contours that I 91an to achieve tn the subdivision when the subdivision ~s com91eted. That required raistn~ the Erade over the ar~ by at least a foot. And for that reason there was not enough fill to brln~ ~he surround~n~ area to ~rade. Also there was no togsoil tn the sum9 area and so I had to stri9 togsotl from the surroundin~ area to 9rov~de the topsoil I needed to cover the aum9 area. Part of ~he area betn~ deeded to the Town under the contract ts lnoluded in the area lackin~ the necessary It seemed to me wasteful to dt~ f~l! out of the subd~v~sion to fill the Town's new 9rogerty at this t~me since ! will have the .necessary fill and to~so~! com~n~ out of the roadbed of the subdivis~on when that work-,~s started. ~n fact I estimate that ther~ ~I1 be suff~c~en~ and loam from the roadbed ,to comglete the re~rad~n~ of the subdivision to the 91armed contours. Therefore I ask that the Town allow me to build u9 the ~rade of the balance of the Town's 9rogerty at the time I can be~tn work on the road. I have such an understand~n~ w~th Mr. Ray Dean at this ~efor~ the drainage system was covered ug~ I surveyed the system that I had installed and as much o~ the ex~st~n~ system as ! could w~thout d~n~ ~t ug. On November $ I pregared a ma9 of the system al! of the elevations that may ever be of ~nterest. ~ delivered 5 of that ma9 to Mr. Ray Dean for h~s f~s on November 8 and I am a co9¥ ~th th~s letter. Supervisor Albert Martocchta November 15, 1978 The precast bastn that is under the west curb inlet is part af the old system and I did not disturb lt. And the ptpe leading to the first new dratnage basin Is ~lso part of the old system and was not moved. Although I did not actually expose the ptpe from Orchard Street~ I have every reason to belleve that It leads tnto this old bastn~ probably tnto the dome at about the sams elevatlon as the pipe leadtng to the new dralnage basins. This old baaln no longer seems to provlde much leaching but'It does serve to collect the sell and such that comes into the drainage system. As you can see from the map~ the old basln ts rather deep and so the whole new system is also deep in order to accept water from the exlstlng system. The new manholes are approxlmately 3% feet below grade throughout the system. My lawyer~ Mr. Cuddy~ has recelved the contract si~ned by you and I will sign it tomorrow. The title Insurance has been ordered and the papers to release the property from the mortgage he, been sent off. I reported to Mr. Ray Dean as to the pro~ress of my work and gave him an opportunity to inspect it as the appropriate times arrived. Before oove~ng the system I got his approval to do so and, at the same ttme~ delivered the coples of the map showing the new installation. Assumlng that the Town wlll allow me'to complete the gradtng as requested in thls letter~ I belleve I have fulfilled all of the terms of the contract which sDeclfy the new dralnage system. If you happen to be in the area, I think you wltl notice the substantial improvement In the appearance. Of course the only way I can recover the cost of this installation is in the increased sale prices of the two lots adjoining the area. It is a gamble but I have hope that it will occur. Thank you for your cooperation. /.~ Si. ncerely, yo~urs,. William W. Schriever R~C~V~D REVISED CONTRACT F(~ CONSIDERATION ~:/o ~.~* AGREEMENT FOR EXCHANGE OF PROPERTY ~ The Agreement made this day of October, 1978, by and between WILLIAM W. SC[~IEVER~ Main Road, Orient, New York, hereinafter referred to as the party of the first part, and the TOWN BOARD OF TIlE TOWN OF SOUTHOLD, County of Suffolk, State of New York, the duly constituted municipal governing body of said Town, hereafter referred to as the party of the second part. The party of the first part agrees to convey to the party of the second mart the parcel herein described as Parcel A and in exchange therefor the oarty of the second part agrees to convey to the party of the first part the parcel herein described as parcel B. The parties represent to each other that the parcels herein described are vacant land and are identical tn area; said parcels are shown on a certain map entitled, '~ap of Exchange:Town of Southold with William W. Schrtever" as prepared by Roderlck Van Tuyl, P. C. under date of May 15, 1978, and annexed hereto. The premises are to be conveyed subject to (a) Applicable zoning regulations and ordinances. (b) Any state of facts an accurate survey may show, provided same does not render title unmarketable. The deed to be delivered at closing by each party to the other shall be a bargain and sale deed with covenant against grantor's acts tn proper statutory short form for recording and shall be executed and acknowledged so as to convey to each party the fee simple of the premises being conveyed. The parties shall each convey a marketable title, In accordance with this agreement, and one which a title company licensed to do business in New York State will approve and insure.. If at closing of title there shall be any liens or encumbrances against either parcel, then the grantor of the respective parcel shall be obligated upon closing to satisfy the same. There shall be no adjustments at closing. NEW With the exception of the party of the second part's attorney's fees, the party of the first part shall bear the entire costs of this transaction, Including but not limited to the obtaining by each party of title searches and title insurance, surveys and recording fees. The party of the first part shall, at his own expense and within 60 days from the date hereof, construct a new surface water drainage facility within the bounds of parcels A and C as follows: (1) Starting from the existing catch basin along Tabor Road and arranged in a line parallel to the southerly line of parcel C, a total of five new drainage basins shall be installed approximately 16 feet on center. (2) The ftrst four bastns shall consist of two precast drainage rings 8 feet in diameter and & feet high with a 6 tnch thick slab cover having one manhole with cover. The last basin shall consist of one precast drainage ring, one drainage dome with manhole cover, all obtained by relocating an existing basin at the site. (3) Each basin shall be connected to the next In line with a standard length of 18 inch corrugated and perforated iron pipe. (4) All new basins shall be backfllled with the beach sand and gravel now on the site. The entire facility shall then be covered to a depth of one to two feet with topsoil and loam now on the site andre's. graded to conform with the surrounding property. If either party is unable to convey title in accordance with this' agreement, except for willful default, then this agreement shall be terminated and be of no further force or effect. The respective deeds shall be delivered at the office of Robert W. Tasker, Greenport, New York, 30 days after the completion of the s~np to be constructed by the party of 'the first part. This agreement may not be changed orally and its temns are to apply to and bind the heirs, executors, a~ninistrators, successors and assigns of the respective parties. William W. Schrlever Town of Southold By Albert M. Martocchta Supervisor DESCRIPTION OF PARCEL TO TOWN OF SOUTHOLD (Parcel A) BEGINNING a~ a point on the westerIy line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (I) North I degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of Southold the following two courses: (1) South 82 dearees 32 minutes 20 seconds West 100.00 feet, end (2) South 8 degrees 06 minutes 30 seconds East 38.31 feet; thence along land of William W. Schriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 11&.16 feet, (2) North O degrees 38 minutes O0 seconds West 47.28 feet, and (3) North 87 degrees &7 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of BEGINNING, containing O.1311 acres. DESCRIPTION OF PARCEL TO WILLIAM W. SCHRIEVER (Parcel B) BEGINNING at a point on the westerly line of Tabor Road, said point being distant from the Intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 mtnutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceeding along land of William W. Schriever the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100.00 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees 47 minutes 30 seconds ~ast 100.52 feet to the westerly line of Tabor Road, thence along said westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.49 feet to the u)tnt or place of BEGINNING, containing 0.131l acres. DESCRIPTION OF PJ~RCEL REbiAINING WITH TOWN OF SOUTIIOLD (Parcel C) BEGINNING at a point on the westerly line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (I) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 147o76 feet; proceeding along land now of the Town of Southold South 87 degrees 47 minutes 30 seconds West 100.52 feet to land of Schrlever; thence along land of Schriever the following two courses: (1) North 8 degrees 06 minutem 30 seconds West 38.31 feet, and (2) North 82 degrees 32 minutes 20 seconds East 100.00 feot to the westerly line of Tabor Road; thence along said westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 47.51 feet to the point or place of BEGINNING, containing O10985 acres. AGREEMENT FOR EXCHANGE OF PROPERTY This Agreement made this day of October, 1978, by and between WILLIAM W. SCHRIEVER, MainRoad, Orient, New York, hereinafter referred to as the party of the first part, and the ~TOWN BOARD of the TOWN OF SOUTHOLD, County of Suffolk, State of New York, the duly constituted municipal governing body of said Town, hereafter referred to as the party of the second part. The party of the first part agrees to convey to the party of the second part the parcel herein described as Parcel A and in exchange therefor the party of the second part agrees to convey to the party of the first part the parcel herein described as parcel. B. The parties represent to each other that the parcels herein described are vacant land and are identical in area; said parcels are shown on a certain map entitled, "Map of Exchange Town of Southold with William W. Schriever" as prepared by Roderick Van Tuyl, P.C. under date of May 15, 1978; and annexed hereto. The premises are to be conveyed subject to: a. Applicable zoning regulations and ordinances. b. ~ Any state of facts an accurate survey may show, provided same does not render title unmarketable. The deed to be delivered at closing by each party to the other shall be a bargain and sale deed with covenant against grantor's acts in proper st.atutory short form for recording and shall be executed and acknowledged so as to convey to each party the fee simple of the premises being conveyed. The parties shall each convey a marketable title, in accordance with this agreement, and one which a title company licensed to do business in New York State will approve and insure. shall be any liens or encum- the ~espective the same. There If at closing of title there brances against either parcel, then the grantor of parcel shall be obligated upon closing to satisfy shall be no adjustments at closing. With the exception of the party of the second part's · ' attorney's fees, the party of the first part shall bear the entire costs of this transaction, including but not limited to the obtaining by each party of title searches and title insurance, surveys and recording fees. The party of the first part shall, at his own expense and within 60 days from the date hereof, construct a new surface water drainage facility within the bonds of parcels A and' C as- follows: (1)' Starting from the existing catch basin along Tabor Road and arranged in a line parallel to the southerly line of parcel C, a total of five new drainage basins shall be installed approximately 16 feet on center. (2) The first four basins shall consist of two precast drainage rings 8 feet in diameter and 4 feet high with a 6 inch thick slab cover having one manhole with cover. The last basin Shall consist bf one precast dralnag~d6~e with m~nhole cover, all obtained by relocating an existing basin at the site. (3) Each basin shall be connected to the next in line with a standard length of 12 inch corrugated iron pipe. (4) Ail new basins shall be backfilled with the beach sand and gravel now on the site. The entire facility shall then be covered to a depth of one to two feet with topsoil and loam now on the site and graded to conform with the surrounding property. If either party is unable to convey title in accordance with this agreement, except for wilfull default, then this agreement shall be terminated and be of no further force or effect. The respective deeds shall be delivered at the office of Robert Tasker, Greenport, New York 30 days after the completion of the sump to be constructed by the party of the first part. This agreement may not be changed orally and its terms are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. Witness: Attest: William W. Schriever TOWN OF SOUTHO~.D PARCEL A ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as follows: BEGINNING at point which is on the westerly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: 1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land of the Town of Southold the following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) South 8 degrees 06 minutes 30 seconds East 38.31 feet, thence along land of William W. Schriever the following three courses: (1) South 87 degrees 47 minutes 30 seconds West 114.16 feet, (2) North 0 degrees 38 minutes 00 seconds West 47.28 feet and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the westerly line of Tabor Road and the point or place of beginning, containing. 0.1311 acres. PARCEL B ALL that certain plot, piece or parcel of land located at of Orient, Town of Southold, Suffolk County, New York, as follows: Hamlet BEGINNING at a point which is on the westerly line of Tabor Road said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Taor Rod the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 95.27 feet; proceding along land of William W. Schriever the · following two courses: (1) South 82 degrees 32 minutes 20 seconds West 100 feet, and (2) North 8 degrees 06 minutes 30 seconds West 61.69 feet; thence along land of the Town of Southold North 87 degrees 47 minutes 30 seconds East 100.52 feet to the westerly line of Tabor Road; thence along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 52.49 feet to the point or place of BEGINNING, containing 0.1311 acres. PARCEL C ALL that certain plot, piece or parcel of land located at Hamlet of Orient, Town of Southold, Suffolk County, New York, as foll6ws: BEGINNING at a point on the westerly line of Tabor Road, said point being distant from the intersection of the northerly line of Orchard Street with the westerly line of Tabor Road the following two courses: (1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds West 147.76 feet; proceeding along land now of the Town of Southold South 87 degrees 47 minutes 30 seconds West 100.52 feet to land of Schriever; thence along land of Schriever the following two courses: (1) North 8 degrees 06 minutes 30 seconds West 38.31 feet, and (2) North 82 degrees 32 minutes 20 seconds East 100 feet to the westerly side of Tabor Road; thence running along the westerly line of Tabor Road South 8 degrees 06 minutes 30 seconds East 47.51 feet to the point or place of BEGINNING, containing 0.0985 acres.