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HomeMy WebLinkAboutCasola, Robert ~ M tJ:J r;-: ~ I::) ~ '-...:.. "'. "/"-"""' <; ~ iTJ "- '" 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. ~ 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 "' 0 I'\::: '" z 15 1219PM'71 '" M~R ZZ 0 ~ ~ '" 0 LE S, Lf: ioI. ALBERTSON ~ CLEP.K OF ~ ::> SUFFOLK COUNTY '" 2 ~ u ... ~ ~ ~ . ~ r >- ~ > ~ :il '" 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 -- =.Jllllfll""IIIIIIIIIIIfJIIJI"JIIIJIIIIIJIIIIIIIJIJ11111111111T1IIITlnllll"'I'IlI'ITI1Il1I'lTl1IlllllT1Il'IlIIIIIIIIIII111I1l11lTlIII';,"III'"";"""""" 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 ..~..~,..~~.<:~~........... ~" "0 ...~. ..preident "... "'Nl. ' ,. I- ,', ' " .. . 1 Attest. ".~ ... . .,'.. ........ ............. Secretary ,s, ! By . .~r;:.~~~',~.;;I'~Jtl;.:F.~.P.4 ..:.... ~" : '.~. . "* .," resident 7;' <<,-' Attel .' :. ..... t.... .... ..... os ''* G '~4 tAt Secretary ",~. ",10, ::UJ;:~g.~....1t, .~~~ MEMBERS NEW YORK BOARD 0.. TiTlE UNDERWIUTERS = ~111111111111llJllJ.llljjjJ.llllllllllllllllllllIG = ~_IIIIIIIIIIIIIIIIIII~IIIII1III1IIIII~11111111111111Irmmllllllllllllllllllllll~ 'r ~ CONDITIONS 01' THIS POLICY ~ > 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 .1._ ___h_:"" _r _ ___~____ _~ ~L_ ,________-"L . .. < 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 l~ , I I SHEET(S). r ~ 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 I' \ " , " 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.