HomeMy WebLinkAboutSledjeski, Stanley
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Standard N. Y.B. T.V. Form 8002* 5-74-70M-Bargain and Sale D~ed. with Cfovenant against Grantor's Acts-Individual or Corporation (Single sheer)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
un 7796 ~tt 394
1H1S INDENIURE, made the
BE'IWEEN
29th
day of
January, nineteen hundred and
seventy-five
and
residing
STANLEY J. SLEDZIESKI, a/k/a Stanley J. Sledjeski,
HELEN SLEDZIESKI, a/k/a Helen Sledjeski, his wife,
at 2760 Ruth Road, Mattituck, New York 11952,
party of the first part, and
TOWN OF SOUTHOLD, a municipal corporation with offiL
at 16 South Street, Greenport, New York 11944,
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party of the second part,
WITNESSETH, that the party of the first part, in eonsideration of Ten Dollars and other va1\1llble considerati?n
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, lri&k~qflllld.:~~Jl'RIJcMniRk situate,
lying and being ifIltIfd{ at Matti tuck, in the Town af Southald, Suffolk County,
New York, known and designated as Lot #25 on a map known as "Map of
Sunset Knolls, Section Two, Mattituck, Town of Southold, Suffolk Count
New York," and filed in the Suffolk County Clerk's Office on April 9,
1970 as Hap No. 5448.
SUBJECT to covenants and restrictions of record affecting said
premises..
BEING AND INTENDED TO BE the same premises conveyed to the
Grantors herein by deed dated December 10, 1974 and recorded December
24, 1974 in the Suffolk County Clerk's Office in Liber 7771 of deeds
at page 564.
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REAL ESTATE "f"""F STATE OF ....
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TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abuttmg 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 part~ of the. first part covenants that th: party of the first part has not done or suffered anything
whereby the saId premIses have been 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 !irst part will receive the con.sideration for this conveyance and will hold the right to receive such consid-
eratIOn as a trust fund to be apphed 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 PRESENCE OF:
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Stanley SledzieSki
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Helen Sledzieski
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STATE OF NEW YORK. COUNTY OF SUFFOLK ss:
On the 29thdayof January, 1975 . before me
personally came STANLEY J. SLEDZIESKI and
HELEN SLEDZIESKI, his wife,
to me known to be the individual s described in and who
executed the foregoing instrument. and acknowledged that
they executed the same.
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RICHARD F. lARK
IIOT'A'RY PUILIC, St,ute If NC1N Yor,
IR. 52-7-Y2500 - Suffolk Co>u~
ComAllsalon Expires March 30, 17"
STATE 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 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 hoard of directors of said corpora-
tion, and that he signed h name thereto by like order.
"fllain anb 6alt Illub
\VIlH COVENANT AGAINST GRANTOR'S ACl
TITLE No. S- -
STANLEY J. SLEDZIESKI, a/k/a Stanley
J. Sledjeski, & HELEN SLEDZIESKI,
a/k/a Helen Sledjeski, his wife,
TO
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TOWN OF SOUTHOLD
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STANDARD FORM OF NEW YORK IOAI.D OF nnl UNDIRWRITER.S
. DU"ib.ud by
TITle GUARANTEE-
NEWVORK
A nCOR COMPANY
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STATE OF NEW YORK. COUNTY OF
55:
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
55: STATE OF NEW YORK, COUNTY OF
$S:
19
, before me
On the day of
personally came
the subscribing witness to the foregoing instrument,
whom I am personally acquainted, who, being by me
sworn, did depose and say that he resides at No.
with
duly
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 thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
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Recorded At Request of The Title Guarantee Company
RETURN BY MAIL TO:
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Robert W. Tasker, Esq.
425 Main Street
Greenport, New York 11944
Zip No.
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RECORDED
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Frs 11 1975
@ J I . '-l Co aM.
LESTER M. ALBERTS~)N
Clerk of Suffolk County
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ROBERT W. TASKER
TOWN ATTORNEY
TELEPHONE
477-1400
425 MAIN ST.
GREENPORT. L. I., N. Y. 11944
March 26, 1975
Hon. Albert W. Richmond
Southold Town Clerk
Main Street
Southold, New York 11971
Dear Albert:
Enclosed herewith is deed dated January 29, 1975 from Stanley J.
Sledzieski and Helen Sledzieski to the Town of Southold and recorded
in the Suffolk County Clerk's Office on February 11, 1975 in Liber 7796
of deeds at page 394 for filing in your office, together with Security Title
and Guaranty Company insurance policy No. S-360779-34 and the 1974-
75 tax bill.
In order that I may have a record for my files, will you please acknowl-
edge receipt of the above by signing and returning to me the copy of
this letter enclosed for that purpose.
Yours very truly,
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ROBERT W. TASKER
RWT:kc
Enclosures
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POLICY OF TITLE INSURANCE
No. 8-360779-34
SECURITY TITLE AND GUARANTY COMPANY
..!)n Con"iJel'alion 0/ 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 affect.
ing the premises described in Schedule A or affecting the interest of the insured
therein as herein set forth, or by reason of unmarketability of the title of the
insured to or in the premises, or by reason of liens or incumbrances affecting
title at the date hereof, or by reason of any statutory lien for labor or material
furnished prior to the date hereof which has now gained or which may here-
after 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 mailers
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 pro-
vided in said conditions and to be payable upon compliance by the insured with
the stipulations of said conditions, and not otherwise.
..!)n WUne"" W~el'eo/, SECURITY TITLE AND GUARANTY COMPANY
has caused this policy to be signed and sealed on its date of issue set forth herein.
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ithor~ 19nature
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~innan of the Board
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CONDITIONS OF THIS POLICY
Section 1 DEFINITIONS
(8) Wherever the term "insured" is used in this policy it includes
those who succeed to the interest ot 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 "insured" is used in the conditions of this policy it also
includes the attorneys and agents of the "insured."
(h) Wherever the term "this company" is used in this policy it
mean, SECURITY TITLE AND GUARANTY 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 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" i~ 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 hereby 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 hy 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 LIABILITY 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 dispossessed, 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 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 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
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 shall have been finally determined that the rejection of the title
wa') justified because of a defect or incumbrance 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 heen
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 (I) if this company, after having received nolice of an alleged
defect or incumbrance, removes 8uch 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 sui! 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, allack 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 5
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
conditions of this policy, the loss or damage shall be payable within
thirty days thereafter.
CONDITIONS CONTINUED ON INSIDE BACK COVER
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e,
Policy No. 5-360779-34
SCHEDULE A
The premises in which the insured has the estate or interest covered hy this policy
ALL that certain plot, piece or parcel of land, situate,
lying and being at Mattituck, Town of 5outhold, County of Suffolk
and State of New York, designated as Lot Number 25 on a map
entitled, "Map of Sunset Knolls, Section Two, Mattituck, Town of
Southold, Suffolk County, New York", filed in the Office of the
Clerk of the County of Suffolk on the 9th day of April, 1970 as
File No. 5448.
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P-s
Name of Insured
Policy No.
S-360779-34
TOWN OF SOUTHOLD .
Amount of Insurance $
5,000.00
Date of Issue
January 29, 1975
The estate or interest insured hy this policy is
fee simple
vested in the insured by means of
Deed by Stanley J. Sledzieski, a/kia, Stanley J. Sledjeski, &
Helen Sledzieski, a/kia, Helen Sledjeski, his wife, to the
INSURED, dated 1/29/75 and recorded in the office of the Clerk
of the County of Suffolk.
SCHEDULE B
The following estates, interests, defects, objections to title, liens and incumbrances 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 herein provided.
2. Consequences of the exercise and enforcement or attempted enforce-
ment 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 created, suffered, assumed or agreed 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
are insured. Notwithstanding any provisions in this paragraph to the
contrary, this policy, unless otherwise excepted, insures the ordinary
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
ordinances.
7. Title to any personal property, whether the same be attached to or
used in connection with said premises or otherwise.
8. Covenants, restrictions and reservations contained in declaration re-
corded in Liber 6730 cp 293 and amended by Liber 6770 cp 393.
9. Long Island Lighting Company easement contained in instrumen~ recorded
in Liber 6764 cp 323. (affects streets).
10. Water easement recorded in Liber 6848 cp 224. (streets).
11. Any state of facts a personal inspection of the premises may disclose.
12. In the absence of a guaranteed survey the exact location, distances and
dimensions of the premises described in Schedule A herein will not be
insured.
13. 1974/75 Town & School Taxes-2nd half.
11.71
CONDITIONS CONTINUBD FROM INSIDE FRONT COVER
Section 6 CO-INSURANCE AND APPORTIONMENT
(a) In the event that a partial loss occurs after the insured makes
an improvement subsequent to the date of this policy, and only in thaI
evenl, the insured becomes a co. insurer to the extent hereinafter set
forth.
If the cost of the improvement exceeds twenty per centum of thf
amount of this policy, such proportion only of any partial loss estab.
lished shall be borne by the company as one hundred twenty per cen-
tum of the amount of this policy bears to the sum of the amount oj
this policy and the amount expended for the improvement. The fore.
going provisions shall not apply to costs and attorneys' fees incurred
by the company in prosecuting or providing fOf the defense of actions
or proceedings in behalf of the insured pursuant to the terms of this
policy or to costs imposed on the insured in such actions or proceedings,
and shall apply only to that portion of losses which exceed in the
aggregate ten per cent of the fa<.e of the policy.
Provided, however, that the foregoing co-insurance prOVisions shall
not apply to any loss arising out of a lien or incumbrance for a liqui-
dated amount which existed on the date of this policy and was not
shown in Schedule B; and provided further, such co-insurance provisions
shall not apply to any loss if, at the time of the ocurrence 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 affecting one or more but not all of said
parcels, the loss shall be computed and settled on a pro 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 poHcy.
(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 liability for any loss shall have been fixed pur-
suant to the conditions of this policy, the insured holds another policy
of insurance covering the same loss issued by another company, this
company shall not be liable to the insured for a greater 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 apportioning
the loss shall have been provided by agreement between this company
and the other insurer or insurers.
Section 7 ASSIGNMENT OF POllCY
If the interest insured by this pohcy is that of a mortgagee, this
policy may be assigned to and shall inure to the benefit of successive
assignees of the mortgage without consent of this company or its en-
dorsement of this poHcy. Provision is made in the rate manual of
New York Board of Title Underwriters filed with the Superintendent
of Insurance of the Stale of New York on behalf of this and other
member companies for continuation of liability to grantees of the
insured in certain specific circumstances only. In no circumstance
provided for in this section &hall this company be deemed to have
insured the sufficiency of the form of tbe assignment or other instru-
ment of transfer or conveyance or to have assumed any liability for the
sufficiency of any proceedings after the date of this policy.
Section 8 SUBROGATION
<a) This company shall to the extent of any payment by it of IOS8
under this policy, be subrogated to all rights of the insured with
respect thereto. The insured shall execute such instruments as may be
requested to transfer such rights to this company. The rights so trans-
ferred shall be subordinate to any remaining interest of the insured.
. (b) If the insured is a mortgagee, this company's right of subroga-
hon 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 modify-
ing 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.
Section 9 MISREPRESENTATION
An~ untrue statement made by the insured, with respect to any
ml.ltenal fact, or any suppression of or failure to disclose any material
fact, or any untrue answer by the insured, to material inquiries before
the issuance of this policy, shaH void this policy.
Section 10
NO WAIVER OF CONDITIONS
This company may take any appropriate action under the terms of
this policy whether or not it shall be liable hereunder and shall not
thereby concede liability or waive any provision of this policy.
Section II POlley ENTIRE CONTRACT
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 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 12 VAllDATION AND MODIFICATION
This policy is valid only when duly signed by an authorized !iigna-
tory. Changes may be effected only by written endorsement. I f the
recording date of the instruments creating the insured interest is later
than the policy date, such policy shall also cover intervening liens or
incumbrances, except real estate taxes, assessments, water charges and
sewer rents.
ENDORSEMENTS
N.Y.8.T_U. FORM 100 D REVISED EFFECTIVE 1/1/63
ADOPTEO 12/28/51. AS AMENDED 7/1/69
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SECURITY TITLE
AND
GUARANTY COMPANY
.IIT"'.U.NO ....
POLICY
OF
TITLE
INSURANCE
Main Office
630 FIFTH AVENUE
NEW VORK, N. v: 10020
Area Code 12121 765.7110