HomeMy WebLinkAboutBongiovanni, Anthony
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CONSULT yOuR LAWYER lDORI IIGNINO THIS INS~~~ INSTRUMENT SHOULD IE USED IY LAWYERS ONLY
g n!; I R ... ~ L1Bu5938 r^CEl23
THIS INDENTURE, made the 3/- day of 111/hfe.1f , nineteen hundred and a:1.xty-six
BETWEEN AN'l'HONY BONGIOVANNI, residing at Rocky Point, New York
.i...; 'J~'-'
party of the first part, and , " ",;'
TOWN OF SOUTHOtD, a Municipality with offices at
Southold, New York
, party of the second part,
,WITNESSETH. that the party of the first part, in consideration of Ten Dollars and other valuable con-
sideration paid by the party of the second part, does hereby grant and release unto the party of the
second part, the heira or successora and assigns of the party of the second part forever,
ALL that certain t:;g piece or parcel of land, with the buildings and Improvements thereon erected,
situate, lying and . In the Town of Southold, County of Suffol,k and State
, of New York, bounded and described as follows :--
BEGINNING at a point on the northerly side of Leaton
Drive, where the division line between premises herein described and
the land of the Town of Southold intersects the said Drive and which
point is distant 450 feet westerly as measured along the northerly
side of Leeton Drive from the westerly side of Kenney's Road;
RUNNING THENCE along the northerly side of Leeton Drive,
South 45 degrees 35 minutes 30 seconds West 100 feet;
RUNNING THENCE North 44 degrees 24 minutes 30 seconds
West 221 feet, more or less, to the ordinary highwater mark of Long
Island Sound;
RUNNING THENCE along said ordinary highwater mark of
Long Island Sound as measured on the tie line bearing, North 45 degrees
135 minutes 30 seconds East 113.61 feet;
,
1 RUNNING THENCE along the land of the 'I'own of Sihntllw.llE,
j'South 40 degrees 53 minutes 00 seconds East 221.42 feet and to the
northerly side of Leeton Drive at the point or place of BEGIN~ITNG.
TOGETHER with all right, title and interest, if any, of the party of the firat 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 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.
AND the party of the firat part covenants that the party of the fil'lt part has not done or suffered any-
thing whereby the aaid premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the firat 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
consideration as a trust fund tp he 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 purpoee.
The word "party" shall be construed as if It read "parties" whenever d1e sense of this Indentiure so
requires.
IN WITNESS WHEREOF. the party of the first part has duly executed this deed the day and year first
above written.
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IN PRESENCE OF:
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L18ER 5938 fACE 124
STATE OF NEW YORK, COUNTY OF SUb'FOLK SI.:
On the .31 Slday of ~ 19 66 before me
personally came ANTHONY BONGIOVANNI
to me known to be the individual . described in and who
executed the foregoing instrument, and acknowledged that
he executed tbe same.
~~.~h'''W~'
mPHE" G. REMUZZI, JR. Notary Public
"OTARY PUBLIC. State of New YOlt
No. 30-3251965 Nassau County.
rerm fxpir.s March 30, ~
1%1
STATE OF NEW YORK, COUNTY OF
II.:
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 like order.
11Jnrguiu uu~ &ult mtt~
With Covenant Against Grantor's Acts
Title No. S -/9/.'< of :}
TO
STANDARD ~ORM OF NEW Y9RK IOARD OF TITLE UNDERWRITERS
Dlstrlbutldby
INTER. COUNTY TITLE GUARANTY
and MORTGAGE COMPANY
CHARTEREO 1927 IIN NEW YORK
STATEOF'NEW YORK, COUNTY OF
On the day of 19
personally came
ss.:
, before me
to me known to be the individual described in and who
executed the foregoing instrument, and acknGwledged that
executed the same.
STATE OF NEW YORK, COUNTY OF
ss.:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom 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 tliereto.
SEC1'ION
BLOCK
l.O'f.
COUNTY OR TOWN
Rc~orlled At nC'qu~~r or
INTER.COUNTY Titl. Guaranty and Morlgag. Company
RETURN BY MAIL 'CO
Robert W. Tasker
~25 Main Street
Greenport, New York
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on NORMAN E. KLIPP Z5~
'i: Clerk of Suffolk .Ilouqlr, . 8-~
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Policy ~2] N. Y. B. T. U. Form lOOD 12.65
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INTER.COUNTY TITLE GUARANTY
AND MORTGAGE COMPANY
TITLE INSURANCE
POLICY
"
an Consideration of the payment of its charges for the examina-
tion of title and its premium for insurance, in,",res the within named insured against all
loss or damage not exceeding the amount of insurance st!'ted 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 tI1e 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, obiections, 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.
President
an Witness Whereot INTER-COUNTY TITLE GUARANTY AND
MORTGAGE COMPANY has caused this policy to be signed and sealed on its date
of issue set forth herein.
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ATTEST,
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Secretary
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Validating Officer 01' Agellt
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Name of Insured TOWN OF SOUTHOID
Policy No. S-191388
The estate or interest insured by this policy is
FEE SIMPlE
Amount of
Insurance $8,000.00
Date of Issue March 31, 1966
vested in the insured by means of
DEED executed by ANTHONY BONGIOVANNI to the INSURED, dated March 31, 1966
and recorded in the Office of the Clerk of Suffolk County on April 8,
1966.
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 est~tes, interests, defects, objections to title, liens and incumbr~nces and other maHers are excepted from the coverage of this policy:
I. Defects ond incumbrances arising or becoming a lien ofter the date of ways or waterways, or the right to maintain ther?in vaylts, tun.nels, romps
this policy, e:<cept as herein provided. c,r t!lny other stru:ture ~r improvement, unless th!s poliCY spec'~cally ~ro.
vldes that such Mles, fights, or easements are Insured. Notwlthstelndmg
2. Consequences of the exercise ~nd enforcement or attG~pted enforcement any provisions in this paragraph to ~he contrary, this policy unless oth.er~
of any governmental Wllt or police powers over the premIses. wise excepted, insures the ordinary nghts of a<:cess and egress belonging
3. Zoning restrictions or ordinances imposed by any governmental body. to abutting owners.
4. Judgments against the insured or estates. interests. defects, objections, 6. Co!"pliance. by the buildings or other. :rections upon th.e premises ~r
liens or incumbr.ances created, suffered. assumed or agreed to, by or their use with Federal. State, and MunICipal lows, regulations and ordl-
with the privity of the insured. nlllnces.
5. Title to ony property beyond the lines of the premises, or title to areas 7. Title to any personal property, whether the same be attached to or used
within or rights or easements in MY abutting streets. roads, avenues, lanes, in connection with s.aid premises or otherwise.
SURVEY by Vantuyl & Son, dated February
to be vacant with north line bounded by Long
February 15, 1966 is excepted.
15, 1966 shows
Island Sound.
insured premises
Any changes since
RIGHTS of tenants or persons, if any, in possession of the insured
described premises.
COMPANY excepts all unpaid water charges.
for same.
Company does not make searches
COMPANY excepts the rights of the United States
relocate its bulkhead lines in Long Island Sound.
NO portion of the insured described premises lying below the present or
former highwater mark of Long Island Sound is insured.
Government to erect or
if
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Tmr. cO~.~:.~'!::J'P~SI
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GUARANTEEf) TO 'THE INTER"c.oUN"Y ililE '
GUARANTY' ANO"Morm:N::.E"C),-.-_o-
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Title Number S-19l388
DESCRIPTION OF PROPERTY
SCHEDULE "A"
ALL that certain lot, piece or parcel of land situate, lying
and being in the Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:--
BEGINNING at a point on the northerly side of Leeton Drive,
where the division line batween premises herein described and the
land of the Town of Southold intersects the said Drive and which
point is distant 450 feet westerly as measured along the northerly
side of Leeton Drive from the westerly side of Kenney's Road/
running thence along the northerly side of Leeton Drive, South
450 35' 30" West 100 feet;
running thence North 440 24' 30" West 221 feet, more or less, to
the ordinary highwater mark of Long Island Sound;
running thence along said ordinary highwater mark of Long Island
Sound as measured on the tie line bearing, North 450 35' 30" East 113.61
feet;
running thence along the land of the Town of Southold, South 400
53' 00" East 221.42 feet and to the northerly side of Leeton Drive at
the point or place of BEGINNING.
,
SCHEDULE B (Continued)
Section One.
CONDITIONS OF THIS POLICY
(e) Wherever the term 'insured" is issued in this policy
it includes those who succeed to the interest of the in-
Definitlonl sured by operlltion of low including, without limitation,
heirs, distributees, devisees, survivors, personol representatives, next. of kin
or corporote successors, os the case moy. be, llnd .those t~ whom the lnsure~
has llssigned this policy where such osslgnment IS permitted by the ter~s
hereof ,snd wherever the term "insured" is used in the conditions of thiS
policy it olso includes the attorneys ond agents of the "insured."
(b) Wherever the term "this compllny" is used in this policy it meons Inter'
County Title Guaranty and Mortgoge Compo"y.
(e) Wherever the t-erm "final determination" or "finally determined" is used
in this poley, it means the final determination of 0 c~urt of competent
jurisdiction after disposition of 011 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 os described in Schedule ^ of th!s policy including
such buildings and improvements thereon which by low constitute real property.
(e) Wherever the term "recorded" is used in this policy it me-ons, unless
otherwise indicated, recorded in the office of the recording officer of the
county in which property insured herein lies.
Section Two. (o) This company will, ot as own cost, dafend the in-
sured in 011 actions or pro<:eedings founded on 0 doim
Defen.e and of title or incumbrances not excepted in this policy.
PfS~.tlon (bl This compony shell hllve the right ond moy. lit its
o .. own cost, mointoin or defend ony oction or proceeding
reloting 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.
(cl In all c.lIses where this policy requires or permits this com'Pany to
prosecute or defend, the insured shllll secure to it the riqht and opportunity
to mll-inttlin or defend the oction or proceeding, Md all oppeols from ony
determinlltion therein, and give it 011 reasoMble aid therein, and hereby
permits it to use therein, at its option, its own name or the Melme of the
insured.
(d) The provisions of this sedion sholl survive poyment by this compony of
any specific loss or payment of the entire omount of this policy to the ex-
te-nt that this com pony sholl d&em it necessory in recovering the loss from
those who mllY be liable .th&refor to the insured or to this comptlny.
Section Three. No cloim for damages shall orise or be maintainable
under this policy except in the following coses:
(a) Where there hos been a final determination under
which the insured may be dispossessed. evicted or ejected
from the premise,s or from some port or undivided shore
Co.e. Where
Uablllty Arlsas
or interest therein.
(b J Where there htls been e fintll determination adverse to the 1itle, upon
a lien or incumbrance not excepted in this policy.
(c) Where the insured shall hove contracted in -good faith in writing to sell
the insured estote 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 0 defect or incumbrence not
excepted in this policy end there has been e finlll determination sustaining
the objection to the title.
(d) Whe.re the insurence is upon the interest of a mortgagee end the mort-
gage has been adjudged by a finol determintltion to be invalid or ineffectual
to cherge the insured's estete or interest in the premises, or subject to e
prior lien or incumbrance not excepted in this policy; or where a recording
offic~r has refused to accept from the insured a satisfaction of the insured
mortgage (lnd there has been a fln(ll determination sustaining the refusal
because of a defect in the title to the said mortgage.
(e) Where the insured sh(lll have negotioted a loan to be mode on the
security of a mortgage on the insured's est(lte or interest in the premises
and the title sh.oll heve been rejected by the proposed lender and it sholl
have been nntllly determined that the reiection of the title was justified be~
couse of a defect or incumbrance not excepted in this policy.
(f} Where the insured sholl have transferred the title insured by an instru~
ment containing covenants in reg(lrd to title or werranty thereof and there
sholl have been a finol determination on any of such covenants or warrllnty,
egeinst the insured, because of II defect or incumbrance not excepted in
this policy.
(g) Where the insured estate or interest or 0 port thereof has been token
by condemnotion end it has b&en fjnlllly determined thllt the insured is not
entitled to a full awerd for the est.ate or interest token because of a defect
or incumbrllnce not excepted in this policy.
No claim for demages shall erise or be mainteineble under this policy
( I) if this company, after having received notice of .an alleged defe<;t or
incumbrance, removes such defect or incumbrance within thirty days offer
receipt of such notice; or (2) for li.obility voluntarily ossumed by the in-
sured in settling eny c1llim or suit without the written consent of this company.
SectloD Four. In cese e purchaser or proposed mortgege lender r"ises
Notice of ony question es to the sufficiency of the title hereby in-
Claim sured, or in case actual knowledge shall come to the
insured of any c1l1im odverse to the title insured hereby,
or in case of the service on or receipt by the insured of ony paper, or of
eny notice, summons, process or ple,ading in any oction or proceeding, the
object or effect of which sholl or mey be to impugn, attock or cell in ques-
tion the validity of the title hereby insured, the insured sholl promptly notify
this compony thereof in writing lit its main office and forword to this com~
pony such paper or such notice, summons, process or pleading. Delay in
giving this notice and delay in forwarding such poper or such notice, sum~
mons, process or pleading shllll not affect this company's liability if such
foilure h"s not prejudiced ond cannot in the future prejudice this compony.
Section Five. (oj This company will pay. in eddHion to the 105:5, ,,1I
Payment of LoIS s:~tut~ry costs. (lnd 1I110wllnc~s imposed on the insured in
lItigation c"rTJed on by thiS company for the insured
under the terms of this policy. This comp.!lny sh,,1I not be l10ble for and will
not p.ay the fees of any counselor ottomey employed by the insured.
{bJ In every c:ase where claim is mode for loss or d"mage this company (II
.reserves .+h~. fight to set:tle, ,,! its own cost, any claim or suit which may
Involve llllbdlty under thiS poliCY; or (2) moy terminate its liobility here.
u~er by payin.g or. te~~ering the full amoun: of this policy; or (3J m"y,
Without conceding lIabilIty, demand 1I valuation of the insured estate or
interest, to be made, by three arbitrators or any two of them, one to be
chosen by the insured "nd one by the company, ond the two thus chosen
selecting en umpire. Such valuotion, less the amount of "ny incumbr"nce$
on said insured estate and interest not hereby insured og.oinst, shall be the
extent of this company's liability for such claim end no right of action sholl
accrue hereunder for the recovery thereof until thirty days "fter notice of such
valuation sholl h"ve been served upon this company, and the insured shall
have tendered ./:I,conveyance or assignment of the insured estate or interest
to this company or its designee at such valuation, diminished os oforeStlid.
The foregoing option to fix 1I valuation by arbitro,tion shall not lIpply to "
policy insuring a mortgage or leasehold interest.
(c) liability to any colloteral holder of this policy sholl not exceed the
amount of the pecuniory interest of such collateral holder in the premises.
(ContiJlued on next page)
II'
(d) All ptlymants mtlde by this company under this policy shl!llfl reduce the
emount hereof pro tanto except (I) p"yments mode for counsel fees <'Ind
disbursem&nts in defending or prosecuting ections or proceedings in behalf
of the insured Clnd for statutory costs and IlIl10wences imposed on the insured
in such ,actions end proceedings, Clnd (2) if the insured is e mortgagee, pay*
ments made to setisfy or subordinate prior liens or incumbrtlnces not set
forth in Schedule B.
(e) When Iiebility hos been definitely fixed in eccordo!lnce with the condi.
tions of this policy, the loss or damoge shall be payable within thirty doys
thereafter.
S.ctl.. SIx. Ie) In the event thot p.,rtiol loss occurs efter the in.
sured makes an improvement subsequent to the dl!lte of
Co-In..ranee this policy, and only in that event, the insured becames
aael ., co-insurer to the extent hereiMfter set farth.
Apportlo..... If the cast af the' impravement exceeds twenty per
centum of the amount of this policy, such praportion only of any partiol
loss .established sholl be borne by the company os one hundred twenty per
centum' of the amount of this pal icy bears to' the sum omount af this policy
and the omaunt expended for the improvement. The faregaing provisians
shall nat apply to casts lliMd Ilttorneys' fees incurred by the campllny in
prosecuting or providing far the def&nse of IlctiO'ns O'r prO'ceedings in be-
hlllf of the insured pursullnt to the terms af this pal icy or to' costs imposed
an the insured in such actians ar proceedings, ond shall opply anly to' thllt
portian of lasses which exceed in the oggr8gllte ien per cent af the face
of the palicy.
Provided, hawever, that the faregaing ca.insurance provisians sholl not 111'-
ply to any loss orising out of.o lien ar incumbronce for 11 liquidated omount
which existed on the date of this policy ond was not shown in Schedule B:
end provided further, such co.insurllnce provisions sholl nat opply to' Ilny loss
if. et the time'of the accurrence of such lass, the then value of the premises,
es so impraved, does net eKceed an'6 hundred twenty per centum of the
emount of this palicy.
(b) If the premises are divisible into sep.:trote, independent parcels, ond a
less is est.l!Iblished effecting ene ar mere but not all af soid po reels, the
.Iess shen be computed and settled an a pro rata basis os if this policy were
divided pro rata es to velue af soid separote, independ&nt parc03ls, exclusive
af impravements made subsequent to' the dote af this policy.
{c} Clauses "Ia}" and "(b)" of this sectian apply to' martgage polides anly
efter the insured shall hove .ocquired tho interest af the mortgagor.
(d) If, ot the time liability far any loss sholl have been fixed pursuant to
the conditions of this palicy, the insured holds another palicy of insuronce
cavering the some lass issued "Jny Ilnather campony, this campany sholl nat
be liable to' the insured for 0 grellter prapartian of the lass thlln the amaunt
that this policy belSrs to the whale Ilmaunt of insurllnce held by the insured,
unless llonether method of lloppartianing the lass shall hove been provided by
llogreement between this company ond the other insurer ar insurers.
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Section Seve..
Assignment
of Policy
If the interest insured by this policy is thllot of 0 mart-
gllgae, this policy moy be assigned to end shall enure to'
the benefit of successive assignees of the mortgoge with.
out cansent of this com pliny Or its endorsement of this
policy. Provisian is made in the rate mllonulll af New Yark BOllord of Title
Underwriters filed with the Superintendent of InsurlSnce of the State of New
Yark on beh.!!lf of this ond other member camponies far cantinuatien af
liability to grantees af the insured in certain specific circumstonces only. In
no circumstonce provided for in this sectian shall this company be deemed
to' have insured the sufficiency of the farm of the essignment ar ather in.
strument af transfer ar canveyance ar to have assumed Clny liability for the
sufficiency of any 'proceedings after the d<!lte af this palicy.
Section EI,ht. fa) This compony sholl to' the extent af /Jny p<!lyment by
S b tl it af loss under this policy, be subraglloted to 011 rights
II rota on of the insured with respect thereto. The insured shlSlI
execute such instruments os may be requested to' transfer such rights to' this
company. The rights sa transferred sholl be subordiMte to "ny romoining
interest of the insured.
(bl If the insured is a mortgagee, this compllny's right of subrogatien sh~11
not prevent the insur(ld fram rele.asing the personal liability af the obligor
or guarantor ar fram relellsing 0 portion of the premises from the lien af
the mortgage or frem increllsing or otherwise modifying the insure-d mort.
gage pravided such acts do not affect the- validity ar priarity of the lien
of the mortgage insured. However, the liability of this company under this
policy sholl in nO' event be increased by any such act of the insured.
SectIon Nine. Any untrue statement made by the insured, wilh respect
to any meteri.al fact, or any suppression of ar feiiure to'
Mbrepre- f b h
sentatlon ~isdose any mat~riol. a~t,. ar ony untrue.onswar y t .a
Insured, to matetlol InqUIries befora the Issuonce of thiS
palicy, shall void this palicy.
Section Ten. This compeny make take Ilny appropriate action under
No Waiver the terms af this policy whether er nat it sholl be /ioble
of Conditions hereunder and shall nat thereby concede liability ar
waive any provisien of this policy.
Section Eleven, All actians or proceedings ogainst this campony must
Polley Entire be bosod an the pravisions af this po/icy. Any ather ac-
Contract tion or actions ar rights of action that the insured may
have ar may bring ogoinst this company in respect af other services
rendered in connection with the issulSnca af this policy, shall be deemed to
hove merged in and be rastricted to' its terms ond cenditions.
Section Twelve. This pal icy is valid anly when duly signed by a validat.
Validation and ing officer ar agent. Changes may be effected anly by
ModIfication written endarsement. If the recording date af the in.
struments creating the insured interest is Illter than the
policy dllte, such policy shell also cover intervening liens or incumbrances,
except reol estate toxes, assessments, water chorges and sewer rants.
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