HomeMy WebLinkAboutHerbert, Katherine A
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ROBERT W. TASKER
OFFICE OF TOWN ATTORNEY
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TOWN.DF'i'50UTHDLD
TOWN ATTORNEY
TELEPHONE
477-1400
425 MAIN ST.
GREEN PORT. L. I., N. Y. 11944
May 16, 1977
Hon. Judith T. Terry
Southold Town Clerk
Town Hall
Southold, New York 11971
Re: $9,000 Serial Bonds for Purchase of Bathing Beach
(Herbert Property at Goose Creek Bridge)
Dear Judy:
I am enclosing herewith in triplicate the bond resolution in the above matter which
is to be adopted at the May 24, 1977 meeting. After adoption, you should retain
one copy, certify the other two copies and return them to me.
Also enclosed herewith is the estoppel notice which is to be published once in
the Town newspapers. After publication you should obtain three affidavits of
publication, retaining one and sending the other two to me.
It is my understanding that the Town Board purported to authorize this acquisition
by the adoption of a resolution at their April 12, 1977 meeting. Since the proper
resolution should be a bond resolution, I would suggest that a further resolution
be adopted on May 24th revoking and rescinding the prior resolution since it was
improper in form. r
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Yours very truly,
ROBERT W. TASKER
RECEIVED
RWT:MY
Enclosures
MAY 1 ' ,e,F
CC: Hon. Albert M. Martocchia
SOUTHOlD TOWN
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EXTRACT OF MINUTES
Meeting of the Town Board of the Town of Southold,
in the County of Suffolk, New York.
May 24
, 1977
*
.*
*
regular
meeting of the Town Board of the Town of
A
Southold, in the County of Suffolk, New York, was held at the Supervisor',
Office, 16 South Street, Greenport, New York, in said Town, on
May 24
, 1977, at
3:00
o'clock P
.M. (D.S.T.).
There were present: Honorable Albert M. Martocchia, Supervisor,
and
There were absent:
Also present:
Judi th T. Terry , Town Clerk
Robert W. Tasker, Town Attorney
*
*
*
offered the following resolution
and moved its adoption:
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OFFIC
TO
-,-
,
RNEY
LO
ROBERT W. TASKER
TOWN ATTORNEY
TELEPHONE
477..1400
425 MAIN ST.
GREENPORT, L. I., N. Y. 11944
July 14, 1977
Hon. Albert M. Martocchia
Supervisor of the Town of Southold
53095 Main Street
Southo1d, New York 11971
Re: Acquisition of Land at Southold from Herbert
Dear Sir:
Enclosed herewith is a Closing Statement with respect to the closing of
the Herbert parcel on July 13, 1977. Also enclosed is a statement show-
ing the disbursement of funds for this purpose.
As I previously advised you, all of the proceeds of the bond anticipation
note must be either used for the acquisition of the project and if there
aFe"any funds remaining they may only be used for debt service.
-.-..-
Yours very truly, <<!
Rod!!:f:;!~
RWT:MY
Enclosures
CLOSING STATEMENT
Purchaser:
TOWN OF SOUTHOLD
Seller:
KATHERINE A. HERBERT
Premises:
A t the inter section of North Road to Bayview and
North Parish Drive, Southold, New York
Date:
July 13, 1977
Purchase Price
ADJUSTMENTS
Credit Seller:
(1) Southold Town Taxes
1/2 year =
Less:
Penaltie s
Interest
$39.30
$3.74
3.93
7.67
$ 31. 63
Credit Purchaser:
(1) Recording fees
Satisfaction of Cron
mortgage
Satisfaction of E. L. 1.
hospital judgment
$ 5.25
10.50
5.25
PAID AS FOLLOWS:
(1) Check No.4 of Town of Southold drawn
on Chemical Bank, Southold, dated July 13,
1977 to the order of Richard J. Cron, en-
dorsed Payment Approved by Katherine A.
Herbert (satisfaction of Cron mortgage)
$3,500.00
(2) Check No. 3 of Town of Southold drawn
on Chemical Bank. Southold. dated July 13.
1977 to the order of E. L. 1. Hospital and
George Miller endorsed Payment Approved
by Katherine A. Herbert (satisfaction of
E. L. 1. Hospital judgment)
686.83
(3) Check No.5 of Town of Southold dated
July 13. 1977 to order of Katherine A. Herbert
(balance of purchase price)
4.134.30
$8.300.00
21. 13
$8,321. 13
$8.321. 13
..--
OTHER EXPENSES OF PURCHASE
(1) Roderick Van Tuyl. P.C.
Survey Check No. 1 $ 75.00
(2) Title Guarantee Company
Insurance fee $139.00
Recording deed 5.00
Recording sat. of
mortgage 5.25
Recording sat. of
judgment 5.25 Check No. 6 154.50
(3) County Treasurer,
Suffolk County
1976-77 Southold Town Taxes
plus penalties and interest Check No. 2 82.53
.
.
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED
May 24
, 1977, AUTHORIZING
THE ACQUISITION OF CERTAIN LAND SITUATE IN SAID
TOWN, FOR RECREATIONAL PURPOSES, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $9,000, APPRO-
PRIATING SAID AMOUNT THEREFOR AND AUTHORIZING
THE ISSUANCE OF $9,000 SERIAL BONDS OF SAID
TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE
COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than
two-thirds of all the members of said Board) AS FOLLOWS:
Section 1. The Town of Southold (herein called "Town"),
in the County of Suffolk, New York, is hereby authorized to acquire
the certain piece or parcel of land, situate in the Town, for re-
creationalpurposes, said piece or parcel of land being more
particularly described by metes and bounds, as follows:
BEGINNING at the corner formed by the intersection of
the northerly side of North Parish Drive with the
easterly side of North Road to Bayview, and from said
point of beginning running thence along the easterly
side of North Road to Bayview, North 14 degrees
25 minutes 20 seconds West 182.46 feet to land of
Town of Southold; running thence along the southerly
and westerly side of land of the Town of Southold the
following two courses and distances:
(1) South 82 degrees 30 minutes 20 seconds East
160.13 feet;
(2) South 14 degrees 05 minutes 10 seconds West
178.71 to the North Parish Drive; running thence
along the northerly side of North Parish Drive,
North 75 degrees 54 minutes 50 seconds West 72.0
feet to the point or place of beginning.
BEING and intended to be the same premises conveyed
to Katherine A. Herbert, XXNK~X~XEX~~ by deed
dated April 4, 1975 and recorded in the Suffolk County
Clerk's Office on April 16, 1975 in Liber 7825 of
deeds at page 338.
.
.
The estimated maximum cost of said specific object or purpose, in-
cluding preliminary costs of maps, plan, surveys and estimates and
costs incidental thereto and the financing thereof, is $9,000 and
the said amount is hereby appropriated therefor. The plan of finan-
cing includes the issuance of $9; 000 serial bonds of the TDwn, to
finance said appropriation and the levy and collection of a tax
upon all the taxable real property in the 'Town to pay the prin-
cipal of and interest on said bonds.
Section 2. Pursuant to the provisions of the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State
of New York, (herein called "Law"), serial bonds of the ',Town in
the principal amount of $9,000 are hereby authorized to be issued
to finance said appropriation.
Section 3. The following additional matters are hereby
determined stated:
(a) The period of probable usefulness of the specific object
or purpose for which the bonds authorized by this resolution are to
be issued, within'the limitations of 511.00 a. 21 of the Law, is
thirty (30) years, but the maturity of said bonds herein authorized
will not exceed five (5) years.
(b) Current funds are not required to be provided as a do\V11
payment prior to the issuance of the bonds herein authorized or of
any notes issued in anticipation of the sale of such bonds, pur-
suant to the provisions of 5107.00 d. 4. of the Law.
Section 4. Each of the serial bonds authorized by this reso-
lution and any bond anticipation notes issued in anticipation of
the sale of said bonds shall contain the recital of validity pre-
scribed by 552.00 of the Law, and said bonds and any notes issued
in anticipation of said bonds shall be general obligations of the
.
.
..
.
.
Town, payable as to both principal and interest by a general tax
upon all the taxable real property within the Town without limitation
of rate or amount. The faith and credit of the Town are hereby
irrevocably pledged to the punctual payment of the principal of
and interest of said bonds and provision shall be made annually in
the budget of the Town by appropriation for (a) the amortization and
redemption of the bonds and any notes in anticipation thereof to
mature in such year and (b) the payment of interest to be due and
payable in such year.
Section 5. Subject to the provisions of this resolution,
and of the Law, pursuant to the provisions of ~30.00 relative to
the authorization of the issuance of bond anticipation notes, or,
the renewals of said Notes and of ~50.00 and ~~56.00 to 60.00 of
the Law, the powers and duties of the Town Board relative to
authorizing bond anticipation notes and prescribing the terms,
form and contents and as to the sale and issuance of the bonds
herein authorized and of any bond anticipation notes issued in
anticipation of said bonds, and the renewals of said notes, are
hereby delegated to the Supervisor, the chief fiscal officer of
the Town.
Section 6. The validity of the bonds authorized by this
resolution and of any notes issued in anticipation of said bonds,
may be contested only if:
(a) such obligations are authorized for an
object or purpose for which the Town is
authorized to expend money, or
(b) the provisions of the Law which should be
complied with at the date of the publication
of such resolution, are not substantially
complied with,
and an action, suit or proceeding contesting such validity is com-
menced within twenty days after the date of such publication, or
.
,
.
(cl such obligations are authorized in violation
of the provisions of the constitution.
Section 7. This resolution shall take effect immediately.
*
*
*
The adoption of the foregoing resolution was seconded by
and duly put to a vote on roll call,
which resulted as follows:
AYES:
NOES:
The resolution was declared unanimously adopted.
*****
offered the following resolution
and moved its adoption:
.....,
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,
.,
RESOLVED BY THE TOI'iN BOARD OF THE TOWN OF SOUTHOLD,
IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. The Town Clerk is hereby authorized and directed
to publish the foregoing bond resolution, in full, in "THE
-SCFFOLK TIMES" a newspaper published in
Southold, New York, hereby designated as the official newspaper
of the Town for such publication, together with a Notice in sub-
stantially the form as provided by Section 81.00 of the Local
Finance Law of the State of New York.
Section 2. This resolution shall take effect immediately.
*
*
*
The adoption of the foregoing resolution was seconded by
and duly put to a vote on roll call,
which resulted as follows:
AYES:
NOES:
The resolution was declared adopted.
***
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TELEPHONE
4'77-14DD
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ROBERT W. TASKER
TDWN A TTD R N EY
425 MAIN ST.
GREEN PORT, L. I., N. Y. 11944
May 19, 1977
RECEIVED
MAY . " 'cr."'.'
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Mrs. Katherine A. Herbert
Main Road
Cutchogue, New York 11935
SQUTHOLD TOWN.
Re: Town of Southo1d w I Herbert
Dear Mrs. Herbert:
As you know 1 am handling the purchase of your property at North Parish Avenue on
behalf of the Town of Southold.
A title search has been made of the property. The title report indicates the following
objections which must be taken care of.
(1) The 1976-77 Southold Town taxes are unpaid.
(2) Two judgments appear of record. One by the New York Telephone Company
against a Kathy Herbert of Jackson A venue, New Suffolk in the amount of $88.87
and a second by the Eastern Long Island Hospital against a Bruce Herbert and
Katherine Herbert of Bay A venue, Cutchogue in the amount of $582. 17.
It may well be that the Telephone Company judgment is not actually against you
but a person of a similar name. If this is the case, an affidavit to this effect
will remove this objection. As to the Eastern Long Island Hospital judgment,
it would appear that this judgment is in fact against you and your husband and
must be satisfied.
(3) A mortgage held by Richard Cron in the amount of $3, 500. 00. I am advised
by Mr. Cron that it is intended that this mortgage will be satisfied at the closing
by the payment of a check to him.
(4) New York and federal estate taxes against the estate of F. Harold Sayre.
With respect to the estate tax questions, I have been in touch with Rensselaer
G. Terry who is handling the Sayre estate and he has agreed to submit
adequate proof that all taxes have been paid.
~"
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Mrs. KaLjrine A. Herbert
In summ ry, it would seem that the Southold Town taxes and the Eastern Long Island
Hospital udgment are the important items which you should take care of in order that
the Town will receive marketable title to the property. For your information, I am
enclosin~ herewith a copy of the title report setting forth title questions referred to
above.
-2-
May 19, 1977
Yours very truly,
ROBER T W. TASKER
RWT:MY
Enclosur ,
Icc: Hon. Albert M.
Martocchia
--,
--
RNEY
LD
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ROBERT W. TASKER
TOWN ATTORNEY
TELEPHONE
477-140D
425 MAIN ST.
GREENPDRT, L. I., N. Y. 11944
August 3, 1977
Hon. Judith T. Terry
Southald Town Clerk
Town Hall
Southold, New York 11971
Re: Town of Southold wi Herbert
Dear Judy:
I enclose herewith The Title Guarantee Company title insurance policy
No. 1297178, dated July 13, 1977 insuring the Town of Southold in the
amount of $9, 000. 00. Will you please file the policy in your office with
the deed from Katherine A. Herbert previously sent to you.
In order that I may have a record for my file, will you please acknowledge
receipt of the title policy by signing and returning to me the copy of this
letter enclosed for that purpose.
Yours very truly,
~~
ROBERT W. TASKER
RWT:MY
Enclosure
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OFFIC
RNEY
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ROBERT W. TASKER
TOWN A TTD R N EY
TELEPHONE
477-1400
425 MAIN ST.
GREENPDRT, L. I., N. Y. 11944
July 25, 1977
Hon. Judith T. Terry
Southold Town Clerk
Town Hall
Southold, New York 11971
Re: Town of Southolct w / Herbert
Dear Judy:
I enclose herewith for filing in your office deed dated July 13, 1977
from Katherine A. Herbert to the Town of Southold which deed was
recorded July 18, 1977 in the Suffolk County Clerk's Office in Liber
8271 of deeds at page 335.
When I receive the title policy, I will forward it to you for filing.
In order that I may have a record for my file, will you please
acknowledge receipt of the deed by signing and returning to me the
copy of this letter enclosed for that purpose.
Yours very truly,
~
ROBERT W. TASKER
RWT:MY
Enclosure
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JO THIS SUI,'YEY IS A VIOlATION Of
SICf10H 7209 Of TIff NEW YOI:<< SJAn
lDUtAtION LAW.
COfIES OF THIS SURVn< ........P NOT BEARING
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GUARANTEES I"H':r:_-.~~ ,. ','I;'.. S,'lAlL RUN
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1IfetNG INST,WT:,~:. Icl!.~(jN, ANO
ro _ A$SlGNEr.~ Of nit LEf.,iDING lN$Tl.
1UIIOtL GUAIl.AN1US ARE Nor TRANSfElASl.2"
ro ~ INSTIJUTIONi OR WI5EQUW
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Se'lldud N.Y. B.T.P. Form 8002 * ] -73-52M- Barg'n and S~ Deed, .ith Covem:nt against Grantor's Acts-IndIvidual or Corporation (Single sbeet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
L1BER8271 PACE335
THIS INDENlURE, made the /3 d day of July , nineteen hundred and seventy-seven
BETWEEN KATHERINE A. HERBERT, residing at (no number) Main Road,
Cutchogue, New York,
party of the fir9t part, and TOWN OF SOUTHOLD, a municipal corporation of the
State of New York, having offices at 53095 Main Street, Southold, 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 helrs
or successors and assigns of the party of the second part forever,
ALL that certain plot, !liece or parcel of landt with the buildings and improvelnents thereon erected, situate,
lying and being in the Town of Southola, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northerly side of
North Parish Drive with the easterly side of North Road to Bayview, and from
said point of beginning running thence along the easterly side of North Road to
Bayview, North 14 degrees 25 minutes 20 seconds West 182.46 feet to land of
Town of Southold; running thence along the southerly and westerly side of land
of Town of Southold the following two courses and distances, to wit:
(1) South 82 degrees 30 minutes 20 seconds East 160.13 feet;
(2) South 14 degrees 05 minutes 10 seconds West 178.71 feet to the northerly
side of North Parish Drive; running thence along the northerly side of North
Parish Drive North 75 degrees 54 minutes 50 seconds West 72.0 feet to the
point or place of beginning.
I
RECJ;J\,1ED
$.___..:f:2...__.___
REAL ESTATE
JUL 18 1911
Tkh. ,~FER i i.,A
SUFFOLK
COUNTY
39348
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abntting the ahove 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.
\",
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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 nsing 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:
~; /. dd~
Katherine A. Herbert
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LIBER8271 PACE336
STATE OF NEW YORK, COUNTY OF Suffolk:
On the/36( day of July,
personally came
KATHERINE A. HERBERT
50S:
STATE OF NEW YORK, COUNTY OF
19 77 , before me On the day of
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
she executed the ~CV .~
Notary Public
ROBERT W. TASKER
NOTARY PUBLIC, State of New York
Suffolk County No. 52-3933725
Term Exptres March 30, 1979
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.
;IIafllain anb "ale .erb
\}v'ITH COVENANT AGAINST GRANTOR'S ACTS
TITLE NO. 1-:2 <17/ 7 "% ~
~. T.
KA THERINE A. HERBERT
TO
TOWN OF SOUTHOLD
STANDARD FORM OF NEW YORK IOARD OF TITLE UNDERWRITERS
Dis,,.;bul.d by
THE TITLE GUARANTEE COMPANY
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, before me
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
ss: 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 witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded At Request of The Tide Guarantee Company
RETURN BY. MAIL TO:
Robert W. Tasker, Esq.
425 Main Street
Greenport, New York 11944
Zip No.
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TITLE INSURANCE
POLICY
THE TITLE GUARANTEE COMPANY
and
PIONEER NATIONAL TITLE INSURANCE COMPANY
THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER
NATIONAL TITLE INSURANCE COMPANY, a California Corporation, jointly and
severally, together herein called "the Company," in consideration of the payment of its
charges for the examination of title and its premium for insurance, insures the within
named insured against all loss or damage not exceeding the amount of insurance stated
herein and in addition the costs and expenses of defending the title, estate or interest
insured, which the insured shall sustain by reason of any defect or defects of title affecting
the premises described in Schedule A or affecting the interest of the insured therein as
herein set forth, or by reason of nnmarketability 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 C),Vifl1e55 C),V~et'eof) the companies have caused their corporate
names and seals to be hereunto affixed by their duly authorized officers.
PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY
B.A,.J).. .&.8~"k" ......
c:::r~:::i .' '.. /. Pres;,;en,
Altesl .,' ~.@l1..,.*,-,,,,,,, .......
- j' l Secretary
,
.~~~{
,* ,,,,t+" , ' +" ," , resident
M"S'. \,& w
l' ,+ 0
ArreST< . .,,:'..- .... '; '\'1"" .,'.. ....
, 'z">" ~Secretary
Validating OIJife.[ t"1 {/w ~
or Agent ... .... '" .~,U/1"
M[MerRS NEW VORX 80ARD 01'" TITlr UND[RWRITrRS
~,-
~ CONDITIONS 01' TRIS POLICY ~
>
_00 1 DEFINITIONS
(a) Wherever the term "insured" is used 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 "insured" 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 National 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) ~lherever 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.
8ectioo 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 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.
Sectloo 3
CASES WHERE LIABIUTY 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 disposs6J8ed, 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 premiICS, 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 was justified because of a defect or incumbrance not excepted
in this policy.
(f) Where the insured shall have transferred the tide 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.
Sectioo 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.
Sectloo II PAYMENT OF was
(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 .hall
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) Wben liability has been definitely fixed in accordance witb tbe
conditions of this policy, the loss or damage shall be payable within
thirty days thereafter.
.
CONDmONs CONTINUED ON INIIDE BACK COVER
,
.
7QlJ.* 2,77 5....
tYE' TIT'_': GI.'A'lA"'TEE COMPANY
8..."d
Name of Insured
TOWN OF SOl''!'HOW
The estate or interest insured by this pel cy s fee simple
P!ON~':P ~AT~ONA~_ TrTU:: ~N~<'JP^Nr;E. COMPANY
Policy r4o.
12"171?~:,
Amount of Insurance $
9,000.00
Date of Issue
7/13/7?
v'ested in the insured by meons of
a deed
made by Katherine, /.. Herbert to the INSURED dated 7/1;./77, recorded
7/18/77.
SCHEDULE B
The foIlG"ii,~g cstatr;s, :,-,tere';Ts, ddectc. o~::<'.>ct:or.s fa title lienc, and incumbrar'ce, and off-cr' matters are excepted from the coverage of this policy:
D,dto'ct3 and i1CU'11br,nc8'; ",rising or bc:;rr: rg Cl lien after the d~te of
this pol:cy, elTept as herein provided.
2. Cc)nsequcncC' of tho e~,ercise a1d en{Jrcement or attempted enforcement
of any 9Gvernmentjl \var or polico powor~ over the premises.
3. Zon:ng r8str:ctions or ,'-d'nnces :mpc,ed by ony g::wernmental body.
4. Judgme1ts against the insu,ed or esbtes, idere"ts, deJects, objections,
I:ens or ilcumbrances created, suffered. cssunwd 0, agreed,t6, by or with
tho pr:vity of the insured.
5. Title to any property beyord t~e lines of the premises, or title to area~
w:th:n 8r rights or easements :n ,ny abut':rg streets, roads, avenues, la:18s,
WelY, C" w<,tcrways orlhe right to rn"intoi" 'Ioreir' vaLl.s, tunnels, ramps,
or an, OflN dructure 0r improvement unless this policy specifically
Novides that such titles, righ~s. '::lr ea5en~erlh are insured. Notwithstanding
r]ny provis'ons in this para::jraph to the contrary, this policy, unless
;therwise excepted, insures the ordinary rights of access and egress
t_ol::lllging ta dbulting owners.
6 C)mpliance by the building, or olhar ('reCrOIlS upon the premises or
Iheir use with Ftcderal, St("Jte ,~nd Muni'~;pcd l.'lw5, regulations alld ordi-
nances.
7. TiHe te any personal property, whether the same be attached to or used
1 connection with soid premises or otherwise.
A. New York and Federal Es~a~e Tax against F. Harold Sayre, deceased,
but policy insures that same will not be collected out of the herein
described premises.
B. Survey by Roderick Van Tuyl P.C. dated 7/8/77 shows vacant land.
No variations.
tk
SCHEDULE "8" OF THIS POLICY CONSISTS OF ~ SHEET(S).
706' '0-7'3_'0V
.
THE TIT'_E (It'ARAMTr:E COMPA~'V and PIO"!Ef" "IAT'ONAl ~'TLr: '''I$IJPMrCE COMPANY
.
!'o iCY !~o, 129'7::. 7:;
SCHEDUll A
-hfJ cre,~:c, i 1 whic;l th~. ir,surfJd has th3 lcCJte :J' irhr3St C:::>Y9 'ed by hi, p.l> y
ALL that certain plot, piece or parcel of land with the buildings
'thereon erected, sit11atE~, lying and being in the T01liTn of Southold,
County of Suffolk and State 'Jf New York, bounded and described
as follows:
BEGINNING at the corner form,~d by the intersection of the north-
erly side of North Parish Drive with the easterly side of Horth
Road to Bayview, and from said point of beginning;
l1UNNING THENCE along the easterly side of North Road to Bayview,
North 14 degrees 25 ninutes 20 seconds I'Jest 182.46 feet to land
of Town of Southold;
RUNNING THENCE along the southerly and \vesterly side of Land
of Town of Southold t:he following 2 courses and distances:
1. South 82 degrees 30 minutes 20 seconds East 160.13 feet;
2. South 14 degrees 05 minutes 10 seconds West 178.71 feet to
the northerly side of North Parish Drive;
RUNNING THENCE along the northerly side of North Parish Drive
North 75 degrees 54 minutes 50 seconds \'lest 72.0 feet to the
point or place of BEGINNING.
.
~
CONomONS CON11NUED FROM: INSIDE FRONT COVER
/.
SeetiOD 6 COINSURANCE AND APPORTIONMENT
(a) In the event that a partial108B occurs after the insured makes an
improvement subsequent to the date of this policy, and only in that
event, the insured becomes a coinsurer to the extent hereinafter set
forth.
If the COlt of the improvement exceed! twenty per centum of the
amount of this policy, such proportion only of any partial loss estab-
lished shall be borne by the company as one hundred twenty per
centum of the amount of this policy bears to the sum of the amoont of
this policy and the amount expended (or the improvement. The fore.
going provisions shall not apply to costs and attorneys' fees incurred
by the company in prosecuting or providing 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 proceed.
iogs, 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 coinsurance provisions
shall not apply to any loss arising out of a lien or incumbrance for a
liquidated amount which existed on the date of this policy and was
not shown in Schedule B; and provided further, such coinsurance
provisions .hall 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 aetded 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 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 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.
Sect10D 7
member companies for continuation of liability to grantees of the
imured in certain specific circumstances only. In no circumstanCe
provided for in this section shall this company be deemed to have
insured the sufficiency of the form of the 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.
SeetiOD 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 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-
tion 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.
SeetiOD 9
MISREPRESENTATION
Any untrue statement made by the insured, With respect to any
material 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, shall void this policy.
Section 10
NO WAIVER OF CONDmONS
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.
SeetlOD 11
POUCY ENTIRE CONTRACf
All actions or proceedin~ 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 reapect 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.
ASSIGNMENT OF POUCY SeetioD 12
VAUDATION AND MODIFICATION
If the interest insured by this policy 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 policy. Provision is made in the rate manual of
New York Board of Tide Underwriten filed with the Superintendent
of Insurance of the State of New Yark on behalf of this and other
This policy is valid only when duly signed by a validatiag officer or
agent. Changes may be effected only by written endorsement. If 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.V.a.T.w. FORM .0010 <ALSO AOOPTED AS A STANDARD POL'C:Y
FORM BY THE IIlEW YORk STATE AND TITLE ASSOCIATION!
REV'SED EFFECTIVE 7/1/6f1
700.1.77_T2M
A Valuable
Document
GJ'IGJ'LB
Insurance
POLle~
.~RANTEE-
NEW YORK
. PIONEER
NATIONAL TITLE
INSURANCE
TICOR TITLE INSURERS
HEAD OFFICE
120 BROADWAY, NEW YORK CITY
-0-
Providing direct title services or referral
services throughout the United States,
Guam, Puerto Rico and the U.S. Virgin
Islands.