HomeMy WebLinkAboutCasola, Robert
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PF 29 7[69-Standard-N.Y.B.T.U. Form 8002 Bargain and Sale Deed, with Covenant against Grantor's Acts-Individual or Corporation 'SblFe88Mt}
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
~ L1BE~69U3 PAGE 65
THIS INDENTURE. made the 16 ?:I day of j11/f t<!C h ,nineteen h~red and seventy-one,
IV" AlJN'lbe.,...)
BETWIiEN ROBERT CASOLA, residing at Montauk High ay').. Mast~c,
Town of Brookhaven, Suffolk County, New York,
ll'lrty of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the
State of New York, having its office at 16 South Street,
Greenport, Suffolk County, 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 heirs or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, lIliIXx1ilIltXlll~xaudx~II1tiK:ibe1mIl:~;K
situate, lying and being ilrI~ at Mattituck, in the Town of Southold, County
of Suffolk and State of New York, being more particula~ly bounded
and described as follows:
BEGINNING at a monument set on the northwesterly side of Wickham
Avenue distance 400 feet more or less southerly from the corner
formed by the intersection of said northwesterly side of Wickham
Avenue and the southwesterly side of Grand Avenue; RUNNING THENCE
South 310 3D' 00" West along the northwesterly side of Wickham Avenue
100 feet to a monument; THENGE North 540 06' 30" West and passing
through a monument, 162 feet more or less to the mean high water line
of Long Creek; THENCE Northeasterly along the mean high water line
of Long Creek 102 feet more or less to land now or formerly of Anrig
and Edelman; RUNNING THENCE South 540 06' 30" East along said last
, mentioned land and passing through a monument, 175 feet more or less
to the point or place of beginning.
TOGETHER with all the right, title and interest of the party of the
first part, in and to the land lying below the high water line and
under the water of Long Creek, and TOGETHER with all the right,
title and interest of the party of the first part, if any, of, in
the lands lying below the above-described premises and the ordinary
high water mark of Long Creek.
SUBJECT to any state of facts an accurate survey may show.
BEING AND INTENDED TO BE the same premises conveyed by Casbor, Inc.
to Robert Casola, the party of the first part, by deed dated
February 7, 1969, and recorded in Suffolk County Clerk's Office
February 13, 1969, in Liber 6504 of deeds, page 370.
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 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 first part covenants that the party of the first part has not done or suffered any-
thing whereby the said premises have bec!n encumbered 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 consideratjdn for this conveyance and will hold the right to receive such
consideration 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 dul
above w . en.
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L1BER 6903 PAGE
66
STATE OF N~ORK, COUNTY O~ SUFFOLK 5.1.:
On the 16 day of /J1,1frec17 19 71 . before me
personally came ROBERT CASOLA
to me known to be the individ
executed thcforegoing . ent,
he executed
J CRON
RICH.AT.m ho' State of N."'l.
Notary P5'861hl~3~r~ ~U'f, folk c~n~ 2",.-
No.52-.. Ex\>ires Mar. . r-'
MY Cotn1SS1on
STATE OF NEW YORK, COUNTY OF 5.1.:
On the day of 19. before me
personally came
to me known, who,bcingbymedulysworn,diddeposeand
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 0' directors of said corpora-
tion, and that he signed h name thercro by like order.
ilargutu uub &ult Itth
With Covenant Against Grantor's Acts T
Title No. /~ c. CJ /J/ T.. G~ ~
.
ROBERT CASOLA
~\
TO
TOWN OF SOUTHOLD
STANDARD fORM OF NEW YORK IOARD OF' mLE UNDERWIrI'IRS
......... by
INTER. COUNTY TITLE GUARANTY
and MORTGAGE COMPANY
CHARTERED 1927 1,1'1 NEW YORK.
u ~ ftECORO!iD
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15 1219PM'71
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0 LE S, Lf: ioI. ALBERTSON
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STATE OF 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
ecuted thcforegoing instrnment,and acknowledged that
ex7 the same.
fP...., REAL ESTATE i" STATE OF *
g~ :: TRA,NSFER TAXr,,~:-;,,:~~NEW YORK:
",0 '" Dept. 01 ]i "! -I 6 5 0
",0 laxotlOn MAR22'71 :::. *
& Finome ~B.I09,45 -*
STATE OF NEW YORK, COUNTY OF 55.:
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 wirncss,
at the same time subscribed h name as witness thercro.
'sECTION
BLOCK
LOT
COUNTY OR TOWN
MAR 22 197'
Reeorded At Requeflt of
INTER-COUNTY Tille Guaranty and Mortgage Company
RETURN BY MAIL 'CO
Robert W. Tasker, Esq.
425 Main Street
Greenport, New York 11944
Zip No.
SMITH, TASKER AND FINKELSTEIN
ATTORNEYS AND COUNSELORS AT LAW
425 MAIN STREET
REGINALD C. SMITH
ROBERT W. TASKER
HOWARD M. FINKELSTEIN
FRANCIS J. YAKABOSKI
PAUL J. BAISLEY
GREENPORT, N.Y. 11944
316 - 4'Z''l' -1400
ARTHUR H.LUNDBERG
COUNSEL
ALLEN M. SMITH
April 2, 1971
Bon. Albert W. Richmond
Southold Town Clerk
Southold, New York 11971
Re: Town of Southo1d wi Casola
Dear Albert:
We enclose herewith deed from Robert Casola to the Town of Southold
dated March 16, 1971 and recorded in the Suffolk County Clerk I s Office
on March 22, 1971 in Liber 6903 of deeds at page 65. The deed
conveys property to the Town to be used for the Grand Avenue Bridge
project. The deed should be filed in your office.
Will you please acknowledge receipt of the deed by signing and return-
ing to us the copy of this letter enclosed for that purpose.
Yours very truly,
~cJ~
ROBERT W. TASKER 1
RWT:MY
Enclosures
CC: Bon. Albert M. Martocchia
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TITLE INSURANCE
POLICY
THE TITLE GUARANTEE COMPANY
and
PIONEER NATIONAL TITLE INSURANCE COMPANY
THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER
NATIONAL TITLE INSURANCE COMPANY, a California Corporation, jointly and
severally, together herein called "the Company," in consideration of the payment of its
charges for the examination of 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 or any statutory lien for labor or material furnished prior to the date hereof which
has now gained or which may hereafter gain priority over the interest insured hereby,
or by reason of a lack of access to and from the premises, excepting all loss and damage
by reason of the estates, interests, defects, objections, liens, incumbrances and other
matters set forth in Schedule B, or by the conditions of this policy hereby incorporated
into this contract, the loss and the amount to be ascertained in the manner provided in
said conditions and to be payable upon compliance by the insured with the stipulations
of said conditions, and not otherwise.
BI1 ~itl1ess ~~et'eof, the companies have caused their corporate
names and seals to be hereunto affixed by their duly authorized officers.
PIONEER N.4TION.4L Trtu: IJ'(SfJIUNCE COMPANY
By ..~..~,..~~.<:~~...........
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Attest. ".~ ... . .,'.. ........ .............
Secretary
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By . .~r;:.~~~',~.;;I'~Jtl;.:F.~.P.4 ..:....
~" : '.~. . "* .," resident
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Attel .' :. ..... t.... .... .....
os ''* G '~4 tAt Secretary
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MEMBERS NEW YORK BOARD 0.. TiTlE UNDERWIUTERS
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~ CONDITIONS 01' THIS POLICY ~
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Section 1 DEFINITIONS
(a) Wherever the term "insured" is wed in this policy it includes
those who succeed to the interest of the insured by operation of law
including, without limitation, heirs, distributees, devisees, survivors,
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 uinsured" 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 Title Guarantee Company and Pioneer N atianal Title
Insurance Company.
(c) Wherever the term "final determination" or "finally deter-
mined" is used in this policy, it means the final determination of a
court of competent 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 hert'by 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 UABIUTY 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 dispossc!ssed, 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 ofa 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
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and it shall have been finally determ}ocd that the rejection of the
title was justified because of a defect or ineumbrance 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.
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.
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 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 cannot in the future prejudice this company.
SectIon Ii 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 this company or its designee at such valuation,
diminished as aforesaid. The foregoing option to fix a valuation by
arbitration shall not apply to' a policy insuring a mortgage or leasehold
interest.
(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
.... ..... .. .. . . ... .. ....
Name of Insured
TOWN OF SOUTHOLD
The estate or interest insured by this policy is Fee Simple
Policy No. 1269451
Amount of Insurance $15,000.00
Date of Issue
3-16-71
vested in the insured by me.ns of a deed
made by Robert Cas sola to the Insured, dated 3-16-71, recorded
3-22-71.
SCHEDULE B
The following estates, interests, defects, obiections to title, liens and incumbrances and other matters ore excepted from the coverage of this policy:
I. 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 governmental body.
4. Judgments against the insured or estates, interests, defects, objections.
liens or incumbrances creoted, suffered, assumed or ogreed to, by or with
the privity of the insured.
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 right to maintain therein vaults, tunnels, ramps,
or any other structure or improvement, unless this policy specifically
provides that such titles, rights, or easements ore insured. Notwithstanding
/:lny provisions in this paragraph to the contr/:lry, this policy, unless
otherwise excepted, insures the ordiMry rights of access and egress
belonging to abutting owners.
6. Compliance by the buildings or other erections upon the premises or
their use with Federal, State and Municipal laws, regulations and ordi.
nances.
7. Title to any personal property, whether the same be attached to or used
in connection with said premises or otherwise.
A. No title is insured to any land lying below the high water line
of Long Creek as the same now exists or formerly existed.
B.
Survey by Alden
No variations.
show since date
W. Young, dated 3-19-66, shows
Any state of facts an accurate
of said survey.
land.
might
vacant
survey
c. Rights of tenants, if any.
D. Any state of facts an inspection of the premises might show.
E. Possible variations between the line shown on the survey and
the premises described in Schedule "A".
F. Terms and conditions of contract of sale.
G. 1970/71 Town and School Tax Lien.
SCHEDULE "B" OF THIS POLICY CONSISTS OF I
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I SHEET(S).
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Policy No. 1269451
SCHEDULE A
The premises in which the insured has the estate or interest covered by this policy
ALL that certain plot, piece or parcel of land, situate lying and
being at Mattituck, in the Town of Southold, County of SUffolk, and
State of New York, being more particularly bounded and described as
follows:
BEGINNING at a monument set on the northwesterly side of Wickham Avenue
distance 400 feet more or less southerly from the corner formed by the
intersection of said northwesterly side of Wickham Avenue and the
southwesterly side of Grand Avenue;
I
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"
RUNNING THENCE South 31 degrees 30 minutes 00 seconds west along the
northwesterly side of Wickham Avenue", ,100 feet to a monument;
THENCE North 54 degrees 06,minutes 30 seconds west and passing through
a monument; 162 feet more'Or less to"the mean high water line of Long
Creek;
,
THENCE Northeasterly ~~~n~ ~ mean h~8h water line of Long Creek 102
feet more or less tota~d nPK.or formerly of Aurig and Edelman;
RUNNING THENCE south~4,a~tt~ 06 minute~ 30 seconds east along said
last mentioned land ~d pa..~ng through a~~nument, 175 feet more or
less to the point or place pf beginning. '.
~.
crIGJ'LB
Insurance
pOLIecr
THE
TITLE GUARANTEE
COMPANY
HEA.D OFFICE
120 BROA.DWA.Y, m:w YORK crrr
PIONEER NATIONAL
TITLE INSURANCE
COMPANY
-0-
Providing direct title services or referral
services throughout the United States and
the Te"'tory of Guam.