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HomeMy WebLinkAboutKreh, Peter & Helen '\~, \<"1' I i '-~ " '/,<, ~j \..0 .,.> '\ s1'P, \ .~' , Standard N. Y.B. T. U. Form 8007 * 3-63-20M-Bargain and Sale Deed, with Covenant against Guntor's Acts_Individual or, Corporati~"n. . CONSULT YOUR LAWYER BEFORE SIGNING THIS.INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. lIBER5453 PAGE276 THIS INDENllJRE, made the /~~ day ofJ;P"'~$'1' nineteen hundred and sixty-three BETWEEN PETER KREH and HELEN M. KREH, his wife, both residing at Mattituck, Town of Southold, Suffolk County, New York, party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, with offices at Greenport, Town of Southold, Suffolk County, New York, '-I party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN ($10.00)---- --- ------ ________n_ n n__n_ - __n____ n----------dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, ~ltU~~1QlUt~~:lUtlIlld; situate, lying and being imlioI: at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as the Easterly 98 feet of Lot No. 1 as shown on a certain map entitled, "Map of Property of George H., William T. and D. T. Riley, Mattituck, New York, Daniel R. Young, P. E. & L. S., Riverhead, New York", and filed in the Office of the Clerk of the County of Suffolk on November 27, 1928 as Map No. 186, bounded and described as follows: BEGINNING at a point on the Northerly boundary line of said Lot No.1, being the Northerly side of land of Peter Kreh, which point is 152 feet Easterly along said line from the Easterly side of Bay Avenue; running thence from said point of beginning North 70 degrees 31 minutes 00 seconds East along said boundary line a distance of 98 feet to lot 6 on said map, and land now or formerly of William Berlinger; thence South 19 degrees 29 minutes 00 seconds East along land last mentioned 75 feet, to the division line between Lots 1 and 2 on said map, and land now or formerly of Jackson; thence South 70 degrees 31 minutes 00 seconds West along land last mentioned a distance of 98 feet; thence North 19 degrees 29 minutes 00 seconds West along other land of Peter Kreh a distance of 75 feet to the point or place of beginning. TOGETHER with an easement and right of way for the purpose of ingress and egress to Bay Avenue and for laying and maintaining drainage mains over the southerly 12 feet of said Lot 1 from the westerly line of the above described premises to Bay Avenue. The party of the second part, however, agrees to maintain the surface of said right of way in good condition with "black top" or other comparable surfacing. The party of the second part covenants and agrees that in the event that it excavates on the above described premises for the purpose of constructing an open drainage pit that it will erect and maintain a suitable protective fencing around said premises. BEING and intended to b.!!.XPie~e <t>{.emises conveyed by George H. Riley and others to Peter Kreh and Helen M. Kreh, the parties of the first part herein, by deed dated March 21, 1924, and recorded in the Suffolk County Clerk's Office on December 19, 1924, in Liber 1121 of Deeds at page 02. lIBER5453 'PAGE277 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, . , TOGETHER with the appurtenances and all the estate and' rights of 'the pi.rty of the first part in and to said premises, TO HAVE AND TO HOlD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. I N PRESENCE OF: ff~ /'.tIu{ Peter Kreh 1<4h~ 4Y/ Zf>T~ ~ Helen M. Kreh STATI! O' NIW YORII. COUNTY OF ~'" r ro /1; os: On the 1~(.i.cJay of,ot?"~~~61'1963 , before me personally came PETER KREH and HELEN M. J5;REH to me known to be the indivi<;kial described in and who executed the foregoing instr,Wnent, and acknowledged that they executed the same;./ r " oc r- C\..l ....' '-'" <! tl.., ~ IJ":' -.:t' ~ ""' l..W !;Q -' Notary PubTicICKHAM WILLIAf'f W K NOIARY PUBLIC, STATE OF NEW YOI< No. 52.4259000 Qualified in SuHolk COUDtJLJ ~ Trim ('t'pires Man.:h 30. 19~ STATIO' NIW YORll. COUNTY OF STATE O' NIW YORll. COUNTY OF On the day of personally came .1: 19 J before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. os: STATE OF NIW YORII. COUNTY OF n: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of . the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by Uke order. \<) ~ ..oB ~< ~'" fl~ Z ~i::i ii$t.:l ~ti Z ..0< S::" tIS < I-< S::z .- < IlSz tst~ Wu IlS Ml~ ~ 11 .f I 111 ~ \=:i "Cl ~:Il Ii::l ~~ ~:i P::Z Ii::lli::l Eo<...:l Ii::lli::l P<:Il o E-< g o :Il Eo< 8 tI2 ~ o ~ Eo< Ii::l :Il Eo< o z .. I=i ~ . the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. 541 e = 2 0 tl .S = .. :E 0 .~ ~ " -n ~ oS 0 ~ "'jii.... ~ ,Q 0 ]'S € ~ il is" l;:: u ~ os "0 ]=-s~ _ o'E A::: ",~ '" ~Ul~ .s "'C "' = " os ;:::.....J .. .. w ~ ... . Q2 . ~ 0 .. . w t ~ " o ~ ""'l . .t'1:l::~ . ~ w . .. ~ ... ~ o !: a ~ ... l!l C,,:) ~ o ~ .E Q.; .. 0 't ~ ::;:; · 0 .:; N C 0.. " z. Cll:-<U . · 0 !;:: ! l;; .. 0 " . .. ~ . 0 . .. . . ~ l:-< . w . Z . ,... .... '\ C1' ~~ \~ v) ...1 ,~ t w U u:: ~ o ~~ o 1Il .. ~ AIN~~J M:I?::I::Ins ;:: J 117ii ...,}fC/j IJ ~ (C')':J NVt-VllON ~ '1:6 J./~ 61 AON (961 !i: ... w i 0301:10J31:1. .. RECORDED NOV 19 1963 @<!:/cQ...,q.M. NORMAN E. KlI PP Cler~ ot Suffolk eo..... 1,! uno:! irIO.:!.:Ins ..:10 iWJ1J I J/-'/\ . J;. II 3 N\jW~ON B I : II WU-=ffil:lN -[J5/ 030CJonCl ",c', " , N.Y.B.T.U. FOIIIl No. lIlOC Revised 1-1-63 .i i CHICAGO TITLE INSURANCE COMPANY HOME TITLE DIVISION POliCY OF TITLE INSURANCE CmCAGO TITLE INSVRANCE COMPANY, in consideration of the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the insured therein 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 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, 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 as- certained 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. c31u ;lIIIIi:ttt~1l1l ;lIIII4~r~of, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed on its date of issue set forth herein. -6'-4ffi!I:"" / . Vice P,68Idenf cf!w~ Secretery Name of Insured THE TOWN OF SOUTHOLD Policy No. 8-43222 $1,5'00.00 Amount of Insurance The estate or interest insured by this policy is Date ofIssue November 13, 1963 FEE SIMPLE vested in the insured by means of DEED made by PETER KREH and HELEN M. KREH, his wife, to the insured dated November 13, 1963. SCHEDULE A The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed. SCHEDULE B The following estates, interests, defects, objections to title, liens. and incwnbraDCflll and other matters are excepted from the coverage of this polley: 1. Defects and incumbrances arising or becoming a lien after the date of this policy. except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Zoning restrictions or ordinances imposed by any goveD1IDfll1tal body. 4. Judgments against the insured or estates. interests, defects, obJectIons. liens or incumbrances created. suffered, assumed or agreed to by or with the privity of the ...wed. 5. Title to any property beyond the lines of the premises, or title to areas within or rights or easements in any abutting streets, roads. avenues, lanes, ways or waterways, or the rfaht to maintain therein vaults. tunnels, ramps or any other stmcture or improvement, unless this policy spedfically provides that such titles, rights, or easeN ments are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy. unless otherwise excepted, insures the ordinary rights of access and egress belonKinl to abutting owners. 6. Compliance by the buildings or other erectioDS upon the premises or their use with Federal, State and MunicipallaWl, regulatiom and ordinances. 7. Title to any personal property. whether the same be attached to or used in con- necticm with laid premises or otherwille. 8. Covenants and Agreement contained in instrument recorded in Liber 5'45'3 of Conveyances Page 276. 9. Survey by Otto Van Tuy1 and Son dated October 11, 1963 shows vacant land. No encroachments. Validating Officer or Agent Code No. NYBTU - 374A l'" . J .\.\f " :',-3 ll',;~:,,: 'r:'),' , ; :!.1" d: ".. , :n rltASTER copy TI,LE N? S-43222 f) E..'iCilI PT iU N I I I Ii ALL that certain lot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southo1d, County of Suffolk and State of New York, known and designated as the Easterly 98 feet of Lot No. 1 as shown on a certain map entitled, "Map of Property of George H., William T. and D. T. Riley, Mattituck, New York, Daniel R. Young, P. E. & L. S., Riverhead, New York", and filed in the Office of the Clerk of the County of Suffolk on November 27, 1928 as Map No. 186, bounded and described as fo11owsI BEGINNING at a point on the Northerly boundary line of said Lot No.1, being the Northerly side of land of Peter Krah, which point is 1,2 feet Easterly along said 11ne from the Easterly side of Bay Avenuel running thence from said point of beginning North 70 degrees 31 minutes East/along said boundary line a distance of 98 feet, lot 6 on said map, and land now or formerly of William Berlinger; thence South 19 degrees 29 minute~East along land last mentioned 7, feet, to the division line between Lots 1 and 2 on said map, and land now or formerly of Jackson; thence South 70 degrees 31 minutes. West along land last mentioned a distance of 98 feet; thence North 19 degrees 29 minutes West along other land of Peter Kreh a distance of 7, feet to the point or place of BEGINNING. TOGETHER with an easement and right of way for the purpose of ingress and egress to Bay Avenue and for laying and maintain- ing drainage mains over the southerly 12 feet of said Lot 1 from the westerly line of the above described premises to Bay Avenue. !'" . CONDITIONS OF THIS POLICY. . . . ( 8) ThU compaII)' will. at its own cost, defend the insu:ted :I:D. aU actioDs or prooeecHngs founded on a claim of title 01' incumbraDCel Co.in,urance not excepted in this policy. Clnd Apportionment (b) This company mall have the right and may. at its own cost, If the cost of the impl'ovement exceeds twenty per centum of the of Suits maintain or defend any action or pmoeedina l'elatiDg to the title or amount of this policy, such proportion only of any partial loss established shall be Interest hereby insured. or upon or under any coveD8nt or contract relating thereto home by the company as one hundred twenty per centum of the amount of thia which it considers desirable to pnwent or reduce loss hereunder. ,]?Olicy bears to the sum of the amount of thU policy and the amount expended fOr _<L:,~'kl?:provement. The foregoing provisions thall not apply to costs and attorneys' (0) In all cases where this policy zequires or pennib this company to prosecute.__'~_;~':~rred by tthe company in prosecuting or providing for the defense of actions defend. the insured .ball secure to it the right and opportunity to maintain Of'::~,9I',:'~dings ill behalf of the insured pursuant to the terms of this policy or to defend the ,action of prooeedina. and all appeals from any determination' thendia. ,,::,~liDosed on tho insured in such actions or proceedings. and shall apply only and give it aU reasonable aid theIeUa, and hereby permits it to use therein,; at ita '~~tI'::"''iportion of losses which exceed in the aggregate ten per cent of the face option. fbl own Dame or the name of the insured. ' 0I,1!lo->>oticY. (d) The ~ions of this section Ihallllwvive payment by this compau.y of any;' ~}~a>~ever, that the foregoing C()ooinsuranoe provisions shall not apply to ipecl8c biOI' Payment Of the entire amount of this policy to the extent that tbiI -., . ..' ._.'f....._-_ out of !L lien or encumbrance for a liquidated amount which existed ,company Ihan deem it neceuary _ in recovering the loss from those who may be .. ..- ~ of this policy and was DOt shown in Schedule B; and provided further, Uable theref01' to the insured 01' to tbiJ company. ~~surance provisions shall Dot apply to any loss if, at the time of the v9lo~-4 of such loss. the then value of the pzemisel. ils 10 improved, does not .~J~~~, hundred twenty per centum of the amount of this policy. ,::-:t).T- If ~premises are divisible into leparate. independent parcels.' and a loss ill estabUshed affecting one or more hut not all of aa1d parcels, the loss shall be com. puted and settled on a pro f'ata basil as if this policy were divided pro rata as to value of said separate, independent parcels. exclUlive of improvements made subsequent to the date of this policy. (c) Clauses" (a)"' and .. (b V" of this f:ection apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor. ( d) If. at the time liability for any Ion Ihall have been fixed pursuant to the conditions of this policy, the insured holds another policy of insurance covering tbe same loss issued by another company. thi8 company shall not be liable to the insured for a ereater proportion of the losl than the amount that this policy bears to the whole amount of insurance held by the insured. unlell another method of apportion_ ing the losl shall have been provided by aa:reement between this company and the other inIure1' or fnsnreD. (a) Wherever the term "insured" is wed in this policy it inclwieJ those who IUct.oeed to the interest of the insured by operation of law includina. without limitation, hem, distributees, devisees. sur- vivorl, personal representatives. next of kin or corporate successors, as the case may be. and those to whom the insured has assigned this policy wbere such assignment ill permitted by the terms hereof. and whenever the term "insured" is wed in the couditiODl of thiJ policy it also includes the attorneys and q:ents of the "insured:' Section On.. D.tlnitions (b) Wherever the term ''this company" is wed in this policy it means Chicago Title Insurance Company. (c) Wherever the term "Jlna1 determination" or "6nally determined" ill used in this policy, it means the Snal 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 "reoorded" is used in this policy it means, unless otherwise indicated, recorded in the oIBce of the recording ofBcer of the county in which property insured herein lies. I.dlu Two. Def..... Clnd Prosecution No claim for damages "hall arise or be maintainable under t:hJf policy e%C6Pt .in the followina: cases: ",...::,:, (a) Where theN ha!l been a final determination under which the insured may be dUpossessed, evictBd or ejected from the pzemises or from some plU1: or undivided share or interest therein. (b) Where there has been 8 final determination adverse to the title, upon a lien or incumbrance not excepted in this policy 'Section Three. ea... Wh.r. Uability ArlUI ( c) Where the inImed shall haft contracted .in aood 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 jtJdament or order of a court and the title has been rejected because of a defect or incumbrance Dot excepted in this policy and there has been a final detennination sustaining the objection to the title. ( d ) Where the insurance is upon the interest of a mortgq:ee and the mortgage has been adjudeed by a :8nal detennination to he invalid or J:neHectual to charge the insured's estate or interest in the premises, or subject to a prior lien or incum- brance DOt excepted in thiJ poDcy; or where a recording officer has refused to lIC- cept from the insured a .atisfaction of the insured mortgage and there has been a JInal detern\ination sustainina 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 intereat 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 justiBed because of a defect or incumbrance not ex- cepted in this policy. (f) Where the insured shall have transferred the title insured by an instrument containing covenants in regard to title or warrnnty tbereof and there shall have been a final determination on any of such covenants or warranty, against the insured, because of a defect or incumbrance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by con- demnation and it has been :8naIly determined that the insured is Dot 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. Sedion Four, In case a purchaser or proposed mortgage lender raises any ques- Notice o' tion as to the sufficiency of the title hereby insured, or in case . actual knowledge shall come to the insured of any claim adverse Claim 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 of 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 New York ofBce and forward to this company such paper or such notice. lJUD1mons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, suuunons. 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 five. (a) This company will pay, in addition to the loss, all statutory costs and allowances imposed on the insured in litigation carried Paym.nt o' Loll on by this company for the insured under the tenns 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 losl or damaa:e this company (1) reserves the right to settle, at its own cost, any claim or .uit which may involve liability under this policy; or (2) may tenninate ita liability hereunder by paying or tenderine the full amount of this policy; or (3) may, without conceding liability, demand a valuation of the insured estate or interellt, 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 valuation, less the amount of any incum- brances on said insured estate and interest not hereby insured against, shall be the extent of this company"s liability for such claim. and no right of action shall accrue hereunder for the recovery thererof 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 foregoina: option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or lease- hold interest. ((l) 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 f4nto except (1) payments made for counsel fees and disbursements in defending or prosecuting actions or prooeedings in behalf of the insured and for statutory cosu and allowances imposed on the insured in such actions and proceed. ings, 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 liahilty has been definitely :G:KCd in acoorrlance with the conditions of this policy. the loss or damage shall be payable within thirty days thereafter. Section Six. (a) In the event that a partial lOll occurs after the insured makes an improvement subsequent to the date of this policy, and only in that event, the insured becomes a C()ooinsurer to the esteDt hereinafter set forth. S.dlon Sev.n. If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enure to the benefit of suc. A5Ii8~m.nt cessive assignees of the mortgage without consont of this com- of Policy pany or its endorsement of this policy. Provision is made in the rate manual of New York Board of Title Underwrite" filed with the Superintendent of Insurance of the State of New York on behalf of this and other member com- panies for continuation of liability to grantees of the insured in certain speciflc circumstances only. In no circumstance provided for in this section shall this com- pany be deemed to have insured the mfIlciency of the form of the assignment or other instrument of transfcr or conveyance or to have assumed any liability for the sufficiency of any prcceedings after the date of this policy. (a) This company shall to the extent of any payment by it of Joss under this policy, be subrogated to all rights of the insured with Subrogation respect thetE'to. The insured shall execute "uch instrnmentll as may be requested to transfer IlUch righbl to this company. The rights so transferred shall be subordinate to any remaining intcrest of the insured. Section Eight. (b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or euarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying 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 pollcy shall in no event be increased by any such act of the insured. Section Nine. Misr.p..... ..ntatlon AJJ.y 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 inquires before the issuance of this policy, shall void this policy. S.ction Ten. No Waiver of Conditions This comp&IlY may take any appropriate action under the tenus of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of tbis policy. All actions or proceedings against this company must be based on the provisions of this policy. hy other action or actions or rights of action that the insured may have or may bring against Contract 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 tenus and conditions. S.ction Elev.n. Policy Entire Section Twelve. This policy is valid only when duly signed by a validating officer or agent. Change, may be eBected only by written endorsement. Validation and If the recording date of the instruments creating the insured m- Modification terest 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. 8U-15M S-8S -;:-ai..- ~, "- CD Z !l , l , v~/ -V7'~ '?--? f n:f/ /.'.)d p.