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HomeMy WebLinkAboutOlsen, Elizabeth , ~ t ~, -a I...... ,,", /.\ " , u , ' \1) \at t, f \I~:~ 0 ,J .. - !!s. Standard N. Y.B. T. U. Form 8007. 6_64_20M_Ba.rga.in a.nd Sale De.e~: irh C?~'enant againsr Grantor's Acts-Individual or Corporation. CONSUl.T YOUR LAWYER BEFORE SIGNING THIS IIlI'<TRUMENT-THISINSTRUMENT SHOUl.D BE USED BY LAWYERS ONLY. .. : ->~', D-~ ~ U8ER5718 PAGE311 'R. . 'r . 0, , I I fI'HIS INDEN1\IRE, made the 17th day of }Iarch 'BElWEEN ELIZABETH J . OLSEN, also known , nineteen hundred and sixty-five as ELIZABETH H. OLSEN, residing at New Suffolk, Town of Southold, Suffolk County, New York, party of the first part, and TOWN OF SOUTHOLD, a munioipal oorporation of the State of New York, having its offioe at 16 South Street, Greenport, Suffolk County, New York, party of the second part, wrrNESSETH, that the party of the first part, in consideration of One and 00/100------------ --------------------------------------------------- ( :$ 1.00 ) dollars, lawful money of the United States, and other good and valuable oonsideration 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, with the buildings and improvements thereon erected, situate, , lying and beingJt1K.U at New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and desoribed as follows: BEGINNING at an iron pipe at the intersection of the southerly line of Jaokson Street with the westerly line of First Street; from said point of beginning running along said westerly line of First Street, South 0" 04' 20" West 274 feet, more or less, to ordinary highwater mark of Peoonio Bay; thence westerly along said highwater mark 203 feet, more or less, to the easterly line of Second Street; thence along said easterly line of Seoond Street due North 284 feet, more or less, to an iron pipe on said southerly line of Jackson Street; thenoe along said southerly line, North 890 27' 10" East 202.57 feet to the point or plaoe of BEGINNING. TOGETHER with all the right, title and interest of the party of the first part, if any, of, in and to the lands under the waters of Peconic Bay adjoining said premises. lIBER5718 PAGf312 , , TOGETHER with all right, title and intereSt, it 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, TOGE11IER with the appurtenances and all the estate and rights of the party 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. I 'I 'I i '!I Iii :!1 ) 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. IN"~ENCE OF: / t;~/!4~ GJ;;4~ Q &c';?i Elizabeth J. Olsen r STATE OF NEW YORK, COUNTY OF Suffolk .s: On the 17th day of March 1965. before me personally came ELIZABETH J. OLSEN to me known to be the individual , executed the foregoing instrument, she executed the same. ,/ /' t:?t/i:j// /c?2;::?u Notary Public described in and who and acknowledged that 1101.,'" , j .. .. ':t- <(J5'f 015 Q" 1. ",;; C~i;;;'!V Ter.ul (;;\.l'~.~J .L..L;.i.~dl 30, 1~67 STATI OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who. being by me duly sworn. did depose and say tha.! he resides at No. that he is the of . the oorporation 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. Jlargain anll 6ale iDeell WITH COVENANT AGAINST GRANTOR'S AcTS ITLE No.-.!'J-t/ S'R 'JR - ..j r \~ j .J! > ;; . ~ :;;! ...- iU~ 1"'1- ELIZABETH J. OLSEN TO TOWN OF SOUTHOLD 1\ I "i Dinribu,ed by 1\1 I 'LJUf ~ L __lP' lL H , STANDARD FORM OF NEW YORK 10...RD OF nnE UNDERWRITERS ~'1" CHAOTnED ....11 'H HEW TDRK ~~~~!f D 3-1..... STATE OF NEW YORK, COUNTY OF UBER;) () h PAGE., _,...'! On the day of personally came 19 , before me to me known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that .s: STATE OF NEW YORK, COUNTY OF .1: 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 of he is the , 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. SECTION BLOCK LOT COUNTY OR TOWN of Southold Recorded At Request of TIll! -'.I:!"'r ~_ RETURN BY MAIL TO: .....OTllpany Smith, Tasker, Finkelstein and Lundberg, Esqs. 425 Main Street Greenport, New York Zip No. w :~\ u " ,~ .. ~ 0 '.1 t\ ~ " ~ .. ':"j , z ~ .~ a }\ .. 0 " ld .. \.\. ~ ~ '--.~\ 0 w ,'~ !~- .. , , ~ ::> ,~~~ .. ~ -, .- RECORDED S! ! -"\ r- W U C ~ MAR 24 1965 '\" ~ ... .~ .:: ....:; .. 'c. O~;J. ~ oil M. .. { ;: ~ w_ .. w .~ ORMAN E. KLIPP > ~ .. Clerk of Suffolk County w . .. W .. I il :1 '[ !i , N,Y.B.T.U. Form No. lOOD 374-15M-9-64 , Name of Insured Policy No. 8-48878 TOWN OF SOUTHOLD Amount of Insuranoe $42,000.00 The estate or interest insured by this policy is FEE SIMPLE Date of Issue March 17th, 1965 vested in the insured by means of DEED made by ELIZABETH J. OLSEN, Also Known as ELIZABETH H. OLSEN, to the insured dated March 17th, 1965. 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, il1tere~ts. defects, objections to title, liens, and incumbr..mces and other matters are excepted from the coverage of this policy: 1. Defects and incumbrances arising or becoming a lien after the date of this policy except as herejn provided. ' 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. S. Zonin, restrictioDll or ordinance. imposed by any lovernmental body. 4. Judgments against the insured or estatel, interelts, defects, obiections liens or incumbrances <!teated, suffered, assumed or agreed to by or with the privity of tlle iwured. 5. Title to any property beyond the lines ol the premises, or title to areas within or rights or easements in any ahuttin, streets. roads, avenues, lanes, ways or waterwny~, or the right to maintaht therein vaulu. tunnels, ramps or any other structure or improvement, unless thi5 policy specifically provides that such title., rights. or ease- ments are insured. Notwithstanding llny provisions in this paragraph to the contrary, this policy, unless otherwise excepted. insures the ordinary rights of access and egress belonging to abutting owners. B. Compliance by the buildings or other erections upon the premises or their use with Federal, State and Municipallawl, regulations and ordinances. 7. Title to any personal property, whether the same he attached to or used in con- nection with laid premises or otherwUe. 8. Rights of present tenants, if any. 9. Survey by Van Tuyl & Son dated January 28th, 1965 shows a two story frame house with one story extension, three one story frame cottages and two concrete platforms. No encroachments. 10. 2nd t 1964/65 Town and School Taxes, Open. 11. Water Charges, if any. 12. Reservation by Elizabeth Olsen of title to the buildings erected on the preaises as set forth in contract. 13. No title is insured to any land lying below the present or any former high water line of Peconic Bay. 14. The rights of the United States Government, the State of New York and Town of Southold, or any of their departments or agencies to regulate and control the use of the piers, bulkhead, land under water and land adjacent thereto. Code No. @a'~OrAg~1 NYBTU-3nA .5H-9-6' , H. ].T ~:\I.~...64 C:,;r:\<l:') T::lt IT1~'lr;Lflce Cvmpar,v-..I{om,' Tit\.- f)ivi.iO':! I, Ii Ii ;1 !I ,:! MAS1'ER copy TITLE No. S-48878 DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe at the intersection of the southerly line of Jackson Street with the westerly line of First Street; from said point of beginning running along said westerly line of First Street, South 0 degreeS 04 minutes 20 seconds West 280 feet more or less, to ordinary highwater mark of Peconic Bav; thence westerly along said highwater mark 203 feet more or less to the easterly line of Recond street; thence along said easterly line of Second Street due North 284 feet; more or less, to an iron pipe on said southerly line of Jacks?n Street; thence along said southerly line, North 89 degrees 27 minutes 10 seconds East 202.?7 feet to the point or place of BEGINNING. ~ ""..........,."""'""..'"~_.- CONDITIONS OF THIS POLICY (n) 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, distributee!, devisees, .ur~ vivors, personal representatives, next of kin or corporate successors, as the case may be, and those to whom the insured has assigned this policy where such assignment is permitted by the terms hereof. and whenever the term "insured" is used in the conditions of this policy it aho includes the attorneys and asents of the "insured." Stldion On.. DefInitions (b) Wherever the term "this company" is used in this policy it means Chicago Title Insurance Company. (c) Wherever the term "final determination" or "finally determined" is used in this policy, it means the final determination of a court of competent"jurisdiction Rfter disposition of all appeals or after the time lo appeal has expired. (d) Wherever the term "the premises" is used in this policy, -it menns-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' oRlt..e of the recording officer of the county in which property insured herein lies. Sedion Two. (a) This company will, at -its own cost, defend the insured in all actions or proceedinp founded on a claim of title or incumbrances Defen.e and not excepted in this polley. Pro.ecution (b) This COlnpany shall have the right and may, at its own cost, of Suit. 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 1011 hereunder. (e) In aU cases where this poUcy requires or permits this company to prosecute or defend, the insured shall secure to it the risht and opportunity to mainbUn Qr defend the action of proceeding, and all appeals from any determination therein, and give it aU reasonable aid therein, and hereby permits Jt 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 1m)' lpe<.'iBc loss or payment of the entire amount of thia policy to the extent that this company shall deem it necessary In recovering I'he loss from tho.~e who may be liable therefor to the insured or to this cnmpany. No claim for damages shall arise or be maintainable under this policy except in the following cases: (a) Where there has been a Bnal determination under which the ;nsured may be dispossessed, evicted or efected from the premises or from some part or undivided share or interest therein. (b) Where there has been a Bnal determination adverse to the title, upon a lien or incumbrance not excepted in this policy. Section Three. Ca... Where Uabllity Arl... (c) Where the insured shall have contracted in Sood faith in writing to sell the insured estate or interest, or where the insured eltate has been sold for the benefit of the insured punuant to the judgment or order of a court and the title has been refected because of a defect or incumbrance not excepted in this policy and there has been a final detennination sustainin. 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 incum- brance not excepted in this policy, or where a rec:ording officer has refused to ac- cept from the insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because of a defect in the title to the saiel 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 shnl1 have heen filially determined that the rejection of the title was justified 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 OJ' wiUTRnty thereof 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- deionatioD and it has been finally 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 coment of this company. In case a purchaser or proposed mortgage lender raises any ques- tion as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the i11Sured 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 sball 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 office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannat in the future prejudice this company. Section Four. Notice o' -S.ctlon Five. (a) This company will pay, in addition to the loss, all statutory costs and allowancetl imposed on the insured in litigation carried 'aym.nt a. Los. 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 tenninate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, demand a valuation of tbe 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 thw 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 liabUity for such claim and no right of action shall accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall bave been served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to Ihis 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 lease- hold 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 shalt reduce the amount hereof pro tanto except (1) payments made for counsel fees and disbursements in defending or pfljsecuting actions or proceedings in behalf of the insured and for statutory costs 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 liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall he payable within thirty dRYS thereafter. Section Six. (a) In the event that a partial loss occurs after the inJured makes an improvement subsequent to the date of this pollcy, and only in that event, the in..ured, hecomt'ls a co-insurer to the extent hereinafter set forth. Co-I...urance and Apportionment If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be home by the company as 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 fOteaoing provisions shall not apply to costs and attorneys' fee4, incurred by the company in prosecuting or providing for the defense of actions or proceedings in behalf of the insured pursuant to the terms of this policy or. to COlIts imposed on the insured in such actions or procet<dings, and shan apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing co-insurance provisions shall not apply to aD)' loll arising out of a lien or encumbmnce for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, .uch C()ooinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy. (b) If the premises are divisible into separate, independent parcels, and a loss is established effecting one OJ' more but not all of said parcels, the loss shall be com- puted and settled on a f1t'O 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 "(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 Hability for any 101S shall have been Bzed. pursuant to the conditions of this polley, the insured holds nnother policy of insurance covering the Jame loss Issued by another company, this company shan not be liable to the insured for a sreater 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 apportion- in. the loss shall have been provided by agreement hetween this company and the other insurer or insurers. SlKtion Seven. Aulllnm.nt S.ction Eight. (a) This company shall to the extent o{ any payment by it of loss . under tbis policy, be subrogated to all rights of the insured with Subrogataon respect thereto. The insured shall execute such instlUw-ents as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to any remaining interest of the insured. (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 guarantor 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 policy shall in no event be Increased by any such act of the insured. Sedion Nine. MI.repre. .entation 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 inquires before the issuance of this policy, shall void this policy. Section Ten. No Waiver o' Condition. This company may take any appropriate action under the tenns of this policy whether or not it shall be liable hereunder and shall not tbereby concede liability or waive any provision of this policy. 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 Contrad 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 Eleven. Policy Entire This policy is valid only when duly signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments creating the insured in. terest is later than the policy date, such policy sball also cover intervening liens or incumbrances, except real estate taxes. assessments, Wl1ter charges and sewer rents; Section Twelv.. Validation and Modification 374-15M-9-64 , fI o a.. CD Z ?