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HomeMy WebLinkAboutGozelski, Lillian , I R.eBERT W. TASKER TOWN ATTDRNEY RNEY LD TELEPHONE 477-14DO 425 MAIN ST. GREENPORT, L. I., N. Y. 11944 December 7, 1976 Ron. Judith T. Terry Southold Town Clerk Main Street Southold, New York 11971 Re: Town of Southold wi Gozelski Dear Judy: Relative to the purchase of property on Peconic Lane by the Town, I enclose herewith the following instruments for filing in your office. (1) Deed from Lillian A. Gozelski to the Town of Southold dated October 25, 1976 and recorded in the Suffolk County Clerk's Office on November 9, 1976 in Liber 8137 of deeds at page 512. (2) Chicago Title Insurance Company title policy No. 76-S-03261 dated September 14, 1976 in the amount of $23, 760. 00 and naming the Town as the insured. In order that I may have a record for my file, will you please acknowledge receipt of the deed and title policy by signing and returning to me the copy of this letter enclosed for that purpose. Yours very truly, RO~~R~ RWT:MY Enclosures ~ o '" i:l o ..-;.. en o ~. "':f~ (, .- 0.. ~ 1--] '_01 ::r: L~J r-1 0 ,'1 tr1 ..... ~ (0." <: ..< trJ r~ t1 n t" ;:t:. Oz >>-3t:J o .~ I-:rj ""1 ~ r-'~ t-I ;.;~ [~ t;i ~ ~. t ~ I ~\ xt C; ~'i' ~ .~ r~ -..: (j) ,~ ~ ~ (/:) ~~1~ ~ \J'\ ~ ~ p. s oj +' [fJ o Z ..- DiST. /MtJ SECl 7J'~) BLK. I LOT. , Standard N. Y .Il. T.lJ. Porm 8002+ 11-75-70M- Bargain and Sale Deed. with Covenant againsr Grantor's Act, -Individual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. L H8137 ,"GE512 THIS INDENTURE, made the 25th day of October ,nineteen hundred and seventy-six BE~ LILLIAN A. GOZELSKI, residing at 6 Orton Drive, East Northport, New York, party of the first part, and the TOWN OF SOUTHOLD, New York. a municipal corporation situate in the County of Suffolk, State of New York,having an office at 16 South Street, Greenport, New York, \ party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable 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, , I f land \JUIDd:lI ~ dl ' iBlidul:- ....... .... 'tuate ALL that certain plot, piece or parce 0 , II[ ~ "WItJIlr----... -. , 51 , lying and being iaum at Peconic, in the Town of Southold, County of Suffolk and State of New York. bounded and described as follows: BEGINNING at a point on the easterly side of peconic Lane where the same is intersected by the southerly side of land now or formerly of School District No. 7 said point or place of beginning being also distant 678.2 feet southerly as measured along the same from the corner formed by the intersection of the southerly side of Carroll Avenue with the easterly side of Peconic Lane: ru_iRg thence from said point or place of beginning along the southerly side of land ROW or formerly of School District No. 7 North 510 03' 00" East 408.00 feet to land now or formerly of Gozelski: thence along said last mentioned land South 300 29' 00" East 250.00 feet to other land now .. formerly of Gozelski: theace along said last mentioned land South 510 03' 00" West 408.00 feet to the easterly side of Pec.aic Lane: and thence along the easterly side of PecQQia Lane, North 3()El 29' 00" West 250 feet to the point or place of BEGINNIRG. Being a part of the lands conveyed to the graator herein by deed recorded in the Suffolk County Clerk's Office on January 9. 1964, in Liber 5480 at page 124. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any strems 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 party of the first part covenants that the 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 first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration 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 duly executed this deed the day and year first above written. IN PRESENCE OF: ~~'~ ~ c. r i, 1. ~- LlBER8137 rAH513 STATE OF NEW YORK, COUNTY OF Suffolk 55: STATE OF NEW YORK, COUNTY OF $5: On the 25th day of October 19 76, before me On the day of personally came LILLIAN A. GOZELSKI personally came 19 , before me to me known to be the individual executed the foregoing instrument, s he executed the same. . described in and who and acknowledged that ~().I~ _A:.__ NOTARY 1'U8L1C. S...... _ .....,,- ....Ift... _ """.. . .... 1Il-688"'. ~I"" Faf.... March IQ. u.:7 6 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 board of directors of said corpora- tion, and that he signed h name thereto by like order. Jlargaln anll 6ale .eell \VlIH COVENANT AGAINST GRANTOR'S ACTS TITLE No. 76-5-03261 LILLIAN A. GOZELSKI ~ 0- ~ "---. TO the TOWB OF SOUTHOLD. New York '\ STANDARD FOIlM OF EW YORK. 1_.- w u 0: ~ o Ii I"' o ld \"' ~ '" ':> \;;, l~ -w u <( \0- .. 'Ii! .. 'w > ,ill .. w "' ~-- ~-- ~ to me known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that $_.._m~~:~___.;l~ REAL ESTATE . NOV 9 1976 TRANS FER TAX SUFPOLK COUNf Y ~<~ -<O~ 55: STATE OF NEW YORK, COUNTY OF $5: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Dist. 1QOO SECTION 75 r<'IIU'I/lll T'mll NI" BLOCK l~r;;LiHL' IIIL i~~f!PMU:f mMPM/t LOT p/o 15 lClllh,,-.xx TOWN of Southo1d {1 Recorded At Request 01 The Tille Guarantee Company RETURN BY MAIL TO: Robert W. Ta.k~r, Esq. 425 Mai. Street Greeft~rt. N.Y. 11944 Zip No. . . t NEW YORK BOARD OF TITLE UNDERWRITERS FORM IOOD CHICAGO TITLE INSURANCE 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 unmarketabiJity of the title of the insured to or in the premises, or by reason of liens or encumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of a lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, encumbrances 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. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 117 East Main Street Riverhead, New York 11901 ~ --e m.e""""~r Secretary. PC' f 76-S-0326l Amended .' DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of peconic Lane where the same is intersected by the southerly side of land now or formerly of School District No. 7 said point or place of beginning being also distant 678.2 feet southerly as measured along the same from the corner formed by the inter- section of the southerly side of Carroll Avenu\i!.with the easterly side of peconic Lane~ running thence from said point or place of beginning along the southerly side of land now or formerly of School District No.7 North 51. 03' 00" East 408.00 feet to land now or formerly of Gozelski~ thence 'along said last mentioned land South 30. 29' 00. East 250.00 feet toother land now or formerly of Gozelski~ thence along said last mentioned land South 51. 03' 00" West 408.00 feet to the easterly side of Peconic Lane; and thence along the easterly side of Peconlc Lane North 30. 29' 00. WEst 250 feet to the point or place of BEGINNING. POR INFORMATION ONLY: Dist. 1000 Sec. 75 Blk. 1 Lot P/o 15 DESCRIPTION ..~~c-.._"~..~-,,"~-..,-.,--,,,~_.......,....,,..-.~._...,...,,,..,,....,,.,----------,.,. -----,.,..,.....,.,.,....~----~.._._.~ "'.V :"3.T.oJ ,.~ORM FORM :;l41~ Number Date of Issue Amount of Insurance 76-S-03261 September 1<1, L'l'76 $23,760.00 Name of Insured: TOWN OF SOUTH OLD The estate or interest insured by this policy is I'EE: SI"PLE vested in the insured by means of DEED made by LILLIAN A. GOZELSKI" t(l t"lE IN"'URED d t d ~ . ," ,a e OCtober 25, 1976. SCIUIDIUILI: A The premises in which the insured has the estate 01 interest l:ovL~red by this policy is described on the description sheet annexed. SCIHlEDlILE B The following eslates, interests, defeets, objeetions to tille, liens, and incumhranrei' and other matters an' excepted from the covera>!;e of thii; policy. L Defel'ts and incumhrdnces arising or Iwcoming a lien aftel' the ,:late of this policy. except as herein provided. 5. Title tn allY property bf'yond the lines of the premises. or title to an as witll in or riJ!;hts or easemf'nts in any abutting street!;, roads, avenues, lar es. wars or waterways, or the right to maintain therein vaults, tunnels, ralllps or any other structure or improvement, unless this policy specifi. rally provides that surh titles, rights, or easements are insured. Notwith. standi:'l/!; my provisions in this paragraph to the contrary, this policy, un .f'SS otherwisf> excepted. insures thf' ordinary rights of acef's!'; and egress beionpin~ to abutting owners. 6. Compliance by the buildings or other erections upon the premises or th"ir use with Federal. State and Municipal laws, regulations and onlinance,;;. 7. Tille 10 any personal properly, whether the same be attached to or uSl'd in eunnection with said premisf's or otherwist'. Van Tuyl ClatEd 10/1/76 shows vacant land. changes s j.nCE' 1the date thereof. No encroach- 2. ConseqUf~nces of the f'xerrise and enforcement or attempte:I enfnee. mf'nt of any governmental war or policf' powers over the prerr ises. 3. Zoning re!itrictions or ordinances impost'd hy any governme!ltal b)dy. 4. JudRments aRainst the insured or estates. interests, defects. objections, liens or in('umbrances created. suffered, assumed or agreed to IIY or '~ith the privity of the insured. 8. Survey by Roderick ments. Except any 9. Water charges, if any. ~ NOTE, ATTACHED HERETO ADDED PAGES. Authorized Signatory , . CONDITION!- OF THIS POLICY 1. DefinitIons (a) Wherever the term "insured" is used in this policy it includes those who succeed to the interest of the insured by opera- tion of law including, without limitation, heirs, distributees, devisees, survivors, personal representatives, next of kin or corporate sue. cessors, 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 con- ditions 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 Chicago 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. 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 encumbrances 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 convenant 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 com- pany 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 neces- sary in recovering the loss from those who may be liable therefor to the insured or to this company. 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 prem- ises 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 encumbrance 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 encumbrance 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 encumbrance 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 determination 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 was justified because of a defect or encumbrance 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 covenants or warranty, against the insured, because of a defect or encumbrance 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 encumbrance not excepted in this policy. No claim for damages shall arise or be maintainable under this policy (l) if this company, after having received notice of an alleged defect or encumbrance, removes such defect or encumbrance 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. 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 of 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 New York office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in for- warding 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. s. Payment of Lo.. (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 (I) reserves the right to settle, at its own cost, any claim or suit which may involve liability under this policy; or (2) may terminate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, demand a valuation of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by this company, and the two thus chosen selecting an umpire. Such valuation, less the amount of any encumbrances on said insured estate and interest not hereby insured against, shall be the extent of this company'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 con- veyance 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 (I) payments made for counsel fees and disbursements in defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured in such actions and proceedings, and (2) if the insured is a mortgagee, payments made to satisfy or subordinate prior liens or encumbrances 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. Form .1.128 CONDITIONS (Continued on Reverse Side) ,-=-_.._".,-~. .... CONDITIONS OF THIS POLICY (CONTINUED) 6. Co-Insurance and Apportionment (a) In the event that a partial loss occun after the. insured makes an improvement subsequent to the date of thIS poltcy, and only in that event, the insured becomes a co~insurer to the extent hereinafter set forth. If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the company as ooe hundred twenty per centum of the amount of this policy bears to the s~ of the amount of this policy and the amount expended for the Improve- ment. The foregoing provisions shall ~ot apply t'! costs and ~tt?r- neys' fees incurred by the company lD prosecutIDg or provldlDg for 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 face of the policy. Provided, however, that the foregoing co-insurance provisions shall not apply to any loss arising out of a lien or encumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such c0- insurance provisions shall not apply to any loss if, at the time of the occurrence 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 sub- sequent to the date of this policy. (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 pursuant to the conditions of this policy, the insured holds another policy of insurance covering the same loss issued by another com- pany, 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 agree- ment between this company and the other insurer or insurers. 7. AIIlgnment of Polley If the interest insured by this policy is that of mortgagee. this policy may be assigned to and shall enure to the benefit of succes- sive assignees of the mortgage without consent of this company or its endorsement of this policy. Provision is made in the rate manual of New York Board of Title Underwriters filed with the Super- intendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grantees of the insured in certain spec1fic circumstances only. In no circum- stance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment Of other instrument of transfer or conveyance or to have assumed any lia- bility for the sufficiency of any proceedings after date of this policy. 8. Subrogation (a) This company shall, to the extent of any payment by it of loss 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 transferred shall be subordinate to any remaining interest of the insured. (b) If the insured is a mortgagee, this company's right of subro- gation 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 modifying 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. 9. MI....pre..ntatlon Any untrue statement made by the insured with respect to any material fact, or any suppression of or failure to disclose any mate- rial fact, or any untrue answer by the insured to material inquiries before the issuance of this policy shall void this policy. 10. No Wal.,... 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. 1 1. Policy Entl... 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. 12. Validation and Modification This policy is valid only when duly signed by a validating officer or agent. Changes may be e!Iected Only by written endorsement. If the recording date of the instruments creating the insured inter- est is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assess- ments, water charges and sewer rents. ::! z ~ t:l .. Z t'tl<: ~ ~SN:I · (:> ~t'tl -( m C/) ""d l:l~ 0 .., l> fll+~ C 1-1 !:j'< .7<- "" ~ '" 0 .... "" !!. m ~ ~~ '" () '1> 0 z '" ~ Z t>l c;l :::0 1-1 ~ .. ~ ~ g 0 '" ~ ; >- ~ ~ ~ ;;jt:ll -(D..:ll m n o ~ n Cl ::o~ ~ 0 .. (5 ~,Q ",">' Z tI1 "'~ ""-< --< ~ z "'lJ\ry . 1J. 0 n ::'0 0 0 tI1 ~"l .... ~ c ~ j,j