HomeMy WebLinkAboutYoung, Ruth L
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.. 291-s'tatutGry Form C. HarpIn and Sale Deed,
..... wIth Covenant agalnat.Grantor---olndlvldual.
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JULIUS BLUMBI!RG. INC.. I.:.AW B"'-'NK PUBLISHERS
80 EXCHANGE PL,ACE AT BROADWAY, NEW YORK
q. <60
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L1BER4618 P4Gf5t7
Made the
tEbis 3Jnbtnturt,
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April,
nineteen hundred
day of
and fifty-nine
~tttueen RUTH L. YOUNG, residing at Orient, Town of Southold, County of,
Suffolk and State of New York,
part y of the first part,
and TOWN OF SOUTH OLD, a municipal corporation in the County of Suffolk
and State of New York, havi ng its office at Greenport, County of Suff olk,
New York,
part y of the second part,
ii. _ftnessetb, that the part y of the first part, in consideration of
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lawful money of the United States, and other good and valuable consideration
paid by the party
of the second part
do e s hereby grant and release unto the part y
of the second part,
and assigns forever,
~u that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being near the Village
of Greenport, in the Town of Southold, County of Suffolk and State of
New York, and bounded and described as follows:
BEGINNING at a point on the northerly line of Manhanset Avenue, 877.1e
feet easterly along said northerly line from Angler' s Road, said point of!
beginning being the intersection of the center line of Gull Pond Inlet I
with said northerly line and being also the southeasterly corner of land :
now or formerly of Schaub; from said point of beginning running north- !
easterly along said center line of Gull Pond Inlet, being along said land 'I
now or formerly of Schaub and along land now or formerly of Mastrosimone, I
about 500 feet to a point North 24 degrees 21 minutes 50 seconds East I
475.06 feet from said point of beginning' thence through said Gull Pond i
Inlet and along land now or formerly of Charles Cornibert South 62 degree~
41 minutes East 30.0 feet; thence still along said land now or formerly 0
Cornibert, South 53 degrees 35 minutes East 233.0 feet to ordinary high i
water mark of Gardiner's Bay; thence along said high water mark, South 19 I
degrees 57 minutes 30 seconds West 314.99 feet to said northerly line of !
Manhanset Avenue; thence along said northerly line of Manhanset Avenue, i
North 87 degrees 05 minutes West 303.0 feet to the point of beginning.
Containing about two and one-half acres of beach and meadow.
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,'.[18ER4618 PAGE 518
1II:ogetfJer witb tbe appurtenances and all tbe estate and rights of the part y of the lirst part in and
to said premises.
111:0 babe anb to bolb the premises herein granted unto the part y of the second part,
and assigns forever.
~nb the said party of the first part
covenant 5 that
ha 5 not done or suflered anything whereby the said premi6es have been
She
incumbered in any way whatever.
Tbe grantor, in compliance witb Section 13 of the Lien Law, covenants that tbe gru/ir will
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receive the consideration for this conveyance and wiIl hold the right to receive such consideration as a
trust fund to be applied lirst for the purpose of paying the cost of t@ improvement and that the grantor
will apply the same lirst to the payment of the .cost of the improvement before using any part of the total
of the same for any other purpose.
.In .(tntss _f)trtot the part y
of the lirst part bas
bereunto set her
band and seal tbe day and year lirst above written.
In prtfmtt of:
_..li~nnnl.!.....t~.....L.S.
_._.....nnnn...mmn.nnm...m...mm.m...n...n..m.....m.mm.L. S.
___.........nnm.....n...n.n..mnm.....n.m....nmm.m..mmmnL. S.
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STATE OF NEW YORK )
COUNTY OF SUFFOLK) 55.:
On the Jt~day of April, Nineteen hundred and fifty-nine before me
came RUTH L. YOUNG to me known and known to me to be the individual
described in, and who executed, the foregoing instrument, and aCknowledge'd
to me that she executed the same.
RECORDED
AnQ') t) ~
(~!/.; 3 ~ FM.
A1.SA JAEeER
:;,~:, a~ suffolk CouMf
,JuUd'..fJl) ~/)U:&fZ~,
FRANK J. McMANN
NOTARY PUBLIC
No. 52.7864500 ,~taftef OIk' New Yorl<
T . U 0 Coon.....
, .enn ExpIres March 30, 196j'"'
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6tate of
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nineteen bundred and
nineteen bundred and
On tbe
before me came
witness to the foregoing instrument, witb wbom 1 am personalIy acquainted,
sworn, did depose and say that be resides in
to me known and known to me to be the -individual describetlc/n, and who executed, the foregoing ill-
strument, and acknowledged to me tbat be erecuted the same.
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On tbe
belore me came
day of
the subscribing
wbo, being by me duly
to be the indi.,idual detllcribed in, and wbo
erecuted tbe foregoing instrument; tbat be, said subscribing witness, was present, and saw
e.zecute the same,. and that he, said witness, at the same time subscribed" name as witness thereto.
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MAP OF LAND
SURVEYi:O ...O~ THE
TOWN OF SOUTHOLD
NEAR
GREENPORT
SUFFOLK COUNTY, N.Y.
SCOI \e' '00'= ,or
Aye.<.J. '. cY~ ~ <.).cve.s
· ~ f>QST
AVENUE
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GUQYOlHteed -to f-\;e Ii f.le. GU<.AYOH-\ee GI.>1<.l
\v.....s-\ Co. as s.....vv€yed -..\UI-I. ~I, 1959.
Otto W. VUH Tuy\ ~ 50H
~. V6Jvo- 'I ~
Lic:eHse<.o\ Lu'rtd. Suvv<eyovs
GveeH 0..-+. New YCJvk .
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GRIFFING, SMITH, TASKER AND LUNDBERG
ATTORNEYS AND COUNSELORS AT LAW
ROBERT P. GRIFFING 1881-19156
REGINALD C. SMITH
HENRY TASKER
SAMUEL L. HAYS
ROBERT W. TASKER
425 ~AIN STREET
GREENPORT, N. Y.
ARTHUR H.LUNDBERG
COUNSEL
May 4, 1959
Hon. Norman E. Klipp
Supervisor of Town of Southold
16 South Street
Greenport, New York
Re: Purchase of Property from Ruth L, Young
at Gull Pond
Dear Sir:
I enclose herewith deed from Ruth L. Young to the Town of Southold
conveying property at Gull Pond to the Town which deed is recorded
in the Suffolk County Clerk's Office in Liber 4618 of deeds at page
517 on April 29, 1959. Also enclosed is a survey map of the premises
acquired.
As soon as the title policy has been issued I will send it on to you.
Yours very truly,
~a/~
Robert W. Tasker
RWT:MY
Enclosures
1,___.,,,
TITLE INSURANCE
POLICY
THE TITLE GUARANTEE COMPANY
~11 ~oI15j~el'atjol1 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 un marketability 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 reason
.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.
~11 '),Vjtl1ess '),V~el'eof) THE TITLE GUARANTEE COMPANY
has caused this policy to be signed and sealed on its date of issue set forth herein.
Validating Officer or Agent
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,
~ CONDITIONS OF THIS POLICY J
>
Section 1
DEFINITIONS
'I
(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, distribut<<s, devisees, .survivors,
personal representatives, next of kin or corporate BUCcessors, as the
case may be, and those to whom the insured has assigned this policy
where luch 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 Tide 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 will, at its own cost, defend the 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 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 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
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 has been a final deter-
mination sustaining the refusal because of a defect in the title to the
said mortgage.
(e) Where the insured shall have negotiated a loan to be made on
the security of a mortgage on the insured's estate or interest in the
premises and the title shall have been rejected by the proposed lender
<
and it shall have been finally determined that the 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 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 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 entitled to a full award for the estate or interest taken
because of a defect or incumbrance not excepted in this policy.
N.o 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 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 dday 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 15 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
counselor attorney employed by the insured.
(b) In every case where claim is made for loss or damage this
company (1) 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 the 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 assignment of the insured
estate or interest to thi~ 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.
(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-
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) When liability has been definitely fixed in accordance with the
conditions of this policy, the loss or damage shall be payable within
thirty days thereafter.
.. ........- ._---",.
c::ONDITIONS CONTINUJUllo~'- .,
,
Nome of Insured
TOWN OF SOUTHOLD
Policy No.
1226234
Amount of Insurance $8,000.00
D.te of Issue
4/18/59
The est.te or interest insured by this policy is fee siJllple vested in the insured by means of
Deed to the insured froJII Ruth L. Young dated 4/18/59
recorded 4/29/59.
SCHEDULE 8
The following estetes, interests, defects, objections to titl.. liens end incumbrances end ^ other motters are excepted from the coverage of this policy:
I. Defects and incumbrlllnces tlrising or becoming e lien .fter the date of or the right to meintllin therein Vllults, tunnels, ramps or any other struc-
this policy, except as herein provided. tur.. or improvement or any rights or ei!lsements therein unless this policy
2. Consequences of the exercise and enforcement or attempted enforcement specificollv provide. that such lends, rights or eesements ore insured: ex-
of any governmentel wer or police POW81'$ over the premises. tapt th.!tif the premises obut upon 0 physicolly open street or highwllY,
I bod this policy, unless' otherwise excepted, insures the ordinory rights of occess
3. Zoning restrictions or ordinonces imposed by ony governmente y. and egress belonging to obutting owners.
4. Judgments egeinst the insured or estetes, interests, defects, obiedions, 6. Comp1iance by the buildings or other erections upon the premises or
liens or incumbrences created, suffered, assumed of aqreedto. !,yor with their- \lSe with feder.I, State ond Municipal lews, regulations and ordi-
the privity of the insured. nonce..
5. Title to any property beyond the lines of the premises or-to the leindin -7. Title to -.nypersonatpi'operty, whether the seme be llttoched to or used
any streets, roods. ovenues, lones or ways on which the premis., obu+, in connection with said premises or otherwise.
11\. . Survey made
No variations.
by R. Van 'l'uyl dated 1/21./59 shows vaoant
Exoept ohange. sinoe date of survey.
B. No title is insured to any land now or formerly lying below
the highwater line of Gull Pond Inlet or Gardiners Bay.
land.
C. Exoept riparian rights of others in and to the oontinued
flow of Gull Pond Inlet.
D. Rights cf tellAnt.s, if allY.
I
E.
AllY state of facts an inspection of the premises might show.
F. 1JIount. of acreage is not insured.
G. J..Jq unpaid water charges.
SCHEDULE "8" OF THIS POLICY CONSISTS OF I
I SHEEnSl.
,
Policy No.
122623LI
SCHEDULE A
The premises in which the insured hl:ls the esttlte or interest covered by this policy
ALL that certain plot, piece or parcel of land, with the
buildings thereon erected, situate, lying and being near
the Village of Greenport, in the Town of Southold, County
of Suffolk and State of New York, and bounded and described
as follows:
BEGINNING at a point on the northerly line of Manhanset
Avenue, 877.18 feet easterly measured along said northerly line
from the corner formed by the intersection of the easterly
line of Angler's Road and the northerly line of Manhaset
Avenue, said point of beginning being the intersection of
the center line of Gull Pond Inlet with said northerly line
and being also the southeasterly corner of land now or for-
merly of Schaub; from said point of beginning
running thence northeasterly along said center line of Gull
Pond Inlet, being along said land now or formerly of Schaub
and along land now or formerly of Mastrosimone, about 500
feet to a point, the t~e line course being north 24 degrees
21 minutes 50 seconds east 475.06 feet from said point of
begilU)ing;
thence through said Gull Pond Inlet and along land now or
formerly of Charles Cornibert south 62 degrees 41 minutes east
30.0 feet;
thence still along said land now or formerly of Cornibert, south
53 degrees 35 minutes east 233.0 feet to ordinary high water
mark of Gardiner's Bay;
thence along said high water mark, south 19 degrees 57 minutes
30 seconds west 314.99 feet to said northerly line of Manhanset
Avenue;
thence along said northerly line of Manhanset Avenue, north
87 degrees 05 minutes west 303.0 feet to the point of beginning.
~
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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 centum
of the amount insured hereunder, such proportion only of any partial
loss established shall be borne by this company as 120 per centum of
the amount of this policy bears to the sum of the amount of this policy
and the amount expended for the 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 as
if this policy were divided pro rata as to value of said separate,
independent parcels, exclusive of improvements made subsequent to
the date of this policy.
(c) Clauses "(a)" and U(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 insurall:ce 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 the benefit of successive
assignees 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 Underwriters filed with the Superintendent
of Insurance of the State of New York on behalf of this and other
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 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 11 POLICY ENTIRE CONTRACT
All actions or proceedings against this company must be baaed 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 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 o.nly when duly s.gned by a validating officer or
agent. Changes may be effected only by written endorsement. If the
recording date of the instruments creating the insured. interest is later
than the policy date, such policy shall also cover intervening liens or
incumbrances, except real estate taxes, assessments, water charges and
sewer rents.
ENDORSEMENTS
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A Valuable
Document
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Insurance
POLlecy
THE
TITLE GUARANTEE
COMPANY
CHARTERED 1883 IN NEW YORK
Title Insurance Throughout
NEW YORK, NEW JERSEY, CONNECTICUT,
MASSACHUSETTS, MAINE, VERMONT AND
GEORGIA
HEAD OFFICE
176 BROADWAY, NEW YORK CITY