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HomeMy WebLinkAboutSledjeski, Stanley ~ ~iH ~I '~": I , j :'.:~ ~, . . 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, ;\ '..' 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. 'tV ~ ~,.,... ~>- ('."') 02 ~" ",,0 u, -'0 ", ~ REAL ESTATE "f"""F STATE OF .... , - . vll,j,.,Il", t" 'I' yn ~ '( * Tt" !'...NJF[R I Ar,.1.1'/ -:\"<i" 'f t . ~ '-.> (-, ,', L fi;cc;if;j * Dcp!. of (.:"",,,,,,,,,,.' :- 0 0 0 G Tu.(utluli FiBl1 '75 --- . - . .. F. FiT;~~~:-;. '.'__' ?f<_ In'H.:. _ .___,~_._ _ * 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: 'l 1 I ,," I f' 1" , /J;[;;:.JIj%)j' -/.:) m.tl7f./ ~I Stanley SledzieSki 0~ VC' ' k.. " ,,~{L~ Helen Sledzieski ~~_._. tltf~ 7196 _~ 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. ~ 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 <1 TOWN OF SOUTHOLD 0. :::;--." -... STANDARD FORM OF NEW YORK IOAI.D OF nnl UNDIRWRITER.S . DU"ib.ud by TITle GUARANTEE- NEWVORK A nCOR COMPANY w U u: ~ .. z is .. ~O .~ ,~ .,= :> ~ ~ "\Ill'; . .. \! '\!:: \a ~.. ~-~~-" 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 cr, n1 n c ~ .._, Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: , ,. '. ~.. c ( , :." ~. . Robert W. Tasker, Esq. 425 Main Street Greenport, New York 11944 Zip No. ( c -' RECORDED ~ .~ .~~:<, '~ ;~,.. \~ ~ ~\~J ~11\~ ~~ ~ Frs 11 1975 @ J I . '-l Co aM. LESTER M. ALBERTS~)N Clerk of Suffolk County . 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, ~ ROBERT W. TASKER RWT:kc Enclosures ~- --===--=-" ~~ 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. (' ~' -ffl 1 A L {1~d~ _____ ithor~ 19nature ~ J?L ~innan of the Board I ~ P-l 9/72 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 r 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. ~ 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 ~__u_m_ 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