HomeMy WebLinkAboutSchriever, William W
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uBER R620 P^CE 83
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Standan NY II.Tl.I. Form !:IOO2-20M -Bargain and Sale Deed, with Covenatlts against Grantor's Acts-Individual or COl'pulatiun. (single shl:'et)
CONSlILf YOUR LAWYER BEFOIE SIGNING THIS INSTIUMINT. THIS INSTIUMINT SHOULD BI USED BY LAWYIIS ONLY
I sf;-
- day of May
THIS INDENTURE, made the
, nineteen hundred and t n1." ne
seven y-
BETWEEN
WILLIAM W. SCHRIEVER, residing at (no #) Main Road,
Orient, New York,
party of the first part, and
THE TOWN OF SOUHHOLD, a Muricipal Corporation of the State
of New York having its principal place of business 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 heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being PilJtImt at Hamlet of Orient, Town of Southold, Suffolk
County, New York, as follows:
BEGINNING at a point which is on the westerly line of Tabor Road
said point being distant from the intersection of the northerly
lin'~ of Orchard Street with the westerly line of Tabor Road the
following two courses:
1) North 1 degree 47 minutes 30 seconds East 268.55 feet;
2) North 8 degrees 06 minutes 30 seconds West 195.27 feet proceeding
along land of the Town of Southold the following two courses:
1) South 82 degrees 32 minutes 20 seconds West 100 feet;
2) South 8 degrees 06 minutes 30 seconds East 38.31 feet;
THENCE along land of William W. Schriever the following three
courses:
1) South 87 degrees 47 minutes 30 seconds West 114.16 feet;
2) North 0 degrees 38 minutes 00 seconds West 47.28 feet;
3) North 87 degrees 47 minutes 30 seconds East 208.50 feet
to the westerly line of Tabor Road and the point or place of
BEGINNING.
The grantor herein is the same person as the grantee in deed
dated December 27, 1973 which was recorded in the Suffolk
County Clerk's Office on January 10, 1974 in Liber 7567 cpo 126.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered 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 th{~ 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 flparty" shall be construed as if it read "parties" whenever the sense of this indent!Jre 'So requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
1tf:t;;;/JJ{-/f~,
WILLIAM W. SCHRIEVER
IN PRESENCE OT" - $....l~:E.I~~-D...
REAL f.SrNri:
MAY 0 31979
lRANSFER flAX
SUFfl(X.K
COUWTY
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um8520 PACf 84
STAn 0' NI'N YOU, COUNTY ':)f Suffolk
On the /..} day of May
personall) '.'<lllle
19 79, before me
william W. Schriever
to Illt' known tl! bt, tne individual described in and who
executed the fong:)ing instrunlent, and acknowledged that
t'xf'.:uted the same.
(~:2.l K (2
Notary Public ~
Cf-!AT,LES R. CUDDY
NOTARY I'U3LiC. S:,~+Q of New Yor\:
INo. 52.:;812215 . Suffolk County
Commiss[<;1l _Ex.eiro$ March 30! 1919
STAn OF NE'it YORK, COUNTY (IF
On the day of 19 , before me
pt'rsonall y came
to me known. who, being by me duly sworn, did depose and
say that h~ resides at No.
that
of
he is the
. 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.
JJargaiiu aub 8ab' mttb
WITH COVENANT AGAINST GRANTOR'S ACTS
TITLE NO. /)?t:N!123 J. G. T.
,
SCHRIEVER
TO
TOWN OF SOU'THOLD
,-
STANDARD FORM 0 F NEW YOI~K BOARD OF TITLE UNDERWRITERS
Distributed by
C_U~AGO T........
.N'.UR,~NC:::E COMPANY
,-
IS:
STATI Of NIW YOIl, COUNTY 0'
On the day of
personally came
55:
19
, belore 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 HEW YOlK. 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
R.ecorded at Request of
CHICAGO TITLE INSURANCE COMPANY
Retum by Mail to
Robert 'Tasker, Esq.
425 Main Street
Greenport, New York
Zip No.
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ROBERT W. TASKER
Town Attorney
RECEIVED
MAY 111979
ORNEY
D
19vm ClJIIi ~lrtIil!Ld
TELEPHONE
(516) 477-1400
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
May 10, 1979
Hon. Judith T. Terry
Southold Town Clerk
Town Hall
Southold, New York 11971
Re: Town of Southold wI Schriever
Exchange of Property at Orient
Dear Judy:
With respect to the above captioned title closing, I enclose herewith for filing in your
office the following:
(1) Deed from William W. Schriever to the Town of Southold dated May 1,
1979 and recorded in the Suffolk County Clerk's Office on May 3, 1979 in
Liber 8620 of deeds at page 83.
(2) Title Guarantee Company title insurance policy No. 1204173 in the
amount of $5,000.00, dated May 1, 1979, naming the Town as the insured.
(3) Survey map dated May 15, 1978 indicating the parcels exchanged.
In order that I may have a record for my files, will you please acknowledge receipt
of the enclosures by signing and returning to me the copy of this letter enclosed for
that purpose.
Yours very truly,
~
ROBERT W. TASKER
RWT:MY
Enclosures
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EDUCATION LAW.
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AS MAPPED MAY 1?1978
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~ 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ~
'_~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIjllllllllll!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~_
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 a111088 or damage not exceeding the amount of insurance stated
herein and in addition the costs and expenses of defending the title, estate or interest
insured, which the insured shall sustain by reason of any defect or defects of title affecting
the premises described in Schedule A or affecting the interest of the insured therein as
herein set forth, or by reason of unmarketability of the title of the insured to or in the
premises, or by reason of liens or incumbrances affecting title at the date hereof, or by
reason or any statutory lien for labor or material furnished prior to the date hereof which
has now gained or which may hereafter gain priority over the interest insured hereby,
or by reason of a lack of access to and from the premises, excepting all loss and damage
by reason of the estates, interests, defects, objections, liens, incumbrances and other
matters set forth in Schedule B, or by the conditions of this policy hereby incorporated
into this contract, the loss and the amount to be ascertained in the manner provided in
said conditions and to be payable upon compliance by the insured with the stipulations
of said conditions, and not otherwise.
Bn ~itne55 ~gel'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,-At<J)A_&..8~'J. ......
c:J9::; j President
Allest.. ~"9' ~.~............
I Secretary
~ CONDITIONS or THIS POLICY J
>
S_OD 1 DEFINITIONS
(a) Wherever the term "insured" is used in this policy it includes
those who succeed to the interest of the insured hy 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) Vlherever 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 urecorded" 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.
SeetlOD 2 DEFENSE AND PROSECUTION OF SillTS
(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.
SectiOD 3
CASES WHERE UABIUTY ARISES
No claim for damages shall arise or be maintainable under this
policy except in the following cases:
(a) Where there has been a final determination under which the
insured may be dispossissed, 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 imured estate has
been sold for the benefit of the insured pursuant to the judgment or
order of a court and the title has been rejected because of a defect or
incumbrance not excepted in this policy and there has been a final
determination sustaining the objection to the title.
(d) Where the insurance is upon the interest ofa mortgagee and the
mortgage has been adjudged by a final determination to be invalid or
ineffectual to charge the insured's estate or interest in the premises, or
subject to a prior lien or incumbrance not excepted in this policy;
or where a recording officer has refused to accept from the insured a
satisfaction of the insured mortgage and there has been a final deter~
mination sustaining the refusal l::iecause 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 ineumbrance not excepted
in this policy.
(f) Where the insured ,hall 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) ifthis 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.
a_OD 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.
SectlOD II PAYMENT OF WSS
(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 008t, 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 iDSW'Cd 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.
CONDmONS CONTINUED ON INSIDE BACK COVER
704* 11-78 ~.5M
~
TI-'E TlTLI: G1.IAPj!,lIITEE COMPANY and PIONEER NATIONAL TITLE INS/JRANCE COMPANY
Nome of Insured
TH:E: TOWN OF SOUTHOLD
The estote or interest insured by ths p:}licy is fee
William S. Schriever
recorded 5/3/79.
simple
to the
Policy No.
120417::
Amount of Insurance $3 , Ci 0 Ci . 00
Date of Issue
5/1/79
vested in the insured by meollS of
INSURED dated 5/1/79,
a deed made by
SCHEDULE B
The following es.tates, interests, defeds, objections to title, liens and incumbrances and other motters are excepted from the coverage of this policy:
1. Defects and incumbrances arising 'Jr becoming a lien after the date of
this policy, except os herein provided.
2. Consequences of the exercise and enforcement or ottempted enforce-
ment of any governmental. war or police powers over the premises.
3. Any laws, regulation~ or ordinonces (including, but not limited to zon-
ing, building, ond environmental protection) os to u~e, occupancy, ~ub-
division or improvement of the prernises adopted or imposed by any
governmental body, or the effect of any noncompliance with or any
violation thereof.
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 I:nes of the premises, or title to areas
within or rights or easements in ony abutting streets, roods, avenues,
ranes, ways or waterways, or the right to maintain therein vaults, tun-
nels, ramps, or any other ~tructure 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, unle~s otherwise excepted, insure~ the ordinary rights of occess
and egress belonging to abutting owners.
b. Title to any personal property, whether the some be attached to or used
in connection with said premises or otherwise.
A. Survey by Roderick VAn Tuyl dated 5/15/78 shows
vacant land. No variations.
SCHEDULE "B" OF THIS POLICY CONSISTS OF I
I SHEET(S).
rl
706' '-7' 10M THE TITLE GUARANTEE COMPANY "nd PIONEER NATIONAL TITLE INSURANCE COMPANY
Policy No. 1204173
AMlIIN.DED
SCHEDULE A
The premises in which the insured has the estate or interest covered by this policy
ALL that certain plot, piece or parcel of land located at Hamlet
of Orient, Town of Southold, Suffolk County, New York, 8S follows:
BmDllfIJIG at a point which is on the westerly line of Tabor Road
sald point being Ilistent frCllll the intersection of the northerly
line of Orchard Street with the westerly line of Tabor Road the
tollning two cours.s:
lL:.ertb 1 degrees 41 II11nut.s 30 seconds Ba.t 268.55 reet;
2 .erth 8 de81'... 06 m1nut.. 30 seconda hat 195.21 teet proceeding
. land of 'the Town of' SoutbGld the rol1.cnt1.ng two cours.s:
1} 8fttll 82 desre.s 32 m1nut.. ao seconds ...t lOG teet;
2} leu'tb 8 de&rees 06 minute. 30 seconds ".t 38.31 teet;
~ along land of WilUaa 1f. IcbrtAmlr the rollowing three
cw:ra..:
II Jouth 8T deSre.. 41 lI1nutea 30 secClDd. ..., m.16 teet;
2 lforth 0 deare.s 38 a1.,..t.. .. ........... ...t 41.28 feet;
3 ..rth 8T 4esree. .. JI1nUU ,. .s.ellds ...t 208.50 teet to the
..terly be ot 'fllbor .... _11 the .-s.nt or p1ace of' Bm.lU.l.IlU.
CONDmONS CONTINUED FROM INSIDE FRONT COVER
SectiOD 8 COINSURANCE AND APPORTIONMENT
(a) In the event that a partial 1081 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 cost of the improvement exceeds 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 amotlnt of
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 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~
ings, 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
provfsions 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 ofthe 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 policy.
(c) Clauses U(a)" and U(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.
SectiOD 7
member companies for continuation of liability to grantees of the
insured in certain specific circumstances only. In no circumstance
provided fOI 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.
SectiOD 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 priarity of the lien of the mortgage insured. However, the liability
of this company under this policy shall in n'O event be increased by
any such act of the insured.
SectiOD 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, ta 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.
Section 11
POLICY ENTIRE CONTRACT
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 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 ternu and conditions.
ASSIGNMENT OF POLICY SectiOD 12
VALIDATION 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 Title Underwriters filed with the Superintendent
of Insuran~ of the State of New York 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 caver intervening liens or
incumbrances, except real estate taxes, assessments, water charges and
sewer rents.
ENDORSEMENTS
".V.B,T.W. FORM IOOE <ALSO ADOPTED AS A STA"DARD POLICy
FORM BY THE "EW YORK STATE A"D TITLE ASSOCIATlO..,
REV'SEDEFFECTIVE7/t/e"
700' 10.78_10'"
A Valuable
Document
GJ'IGJ'LB
Insurance
pOLlecr
_'TITLE
GUARANTEE-
NEWYORK
tIfIl PIONEER
NATIONAL TITLE
INSURANCE
TICOR TITLE INSURERS
HEAD OFFICE
120 BROADWAY, NEW YORK CITY
-0-
Pruviding direct title services or referral
services throughout the United States,
Guam, Puerto Rico and the U.S. Virgin
Islands.
- ... .'.'-'~'._.-._."..-..._. .~..., --.-.. -,-",,-,-,,~,.;"...,"....,..._,';':_~._q._-
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JUDITH T. TERRY.
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
,,"',
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TELEPHONE
(516) 76s.I801
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Southold, L. I., N. Y. 11971
April 30, 1979
Mr. William W. Schriever
Orient, New York 11957
Dear Mr. Schriever:
At a regular meeting of the Southold Town Board
held on April 24, 1979, a resolution was adopted authorizing
the Town Attorney to prepare deeds, and the Supervisor to
execute said deeds for the exchange of property between
the Town of Southold and yourself on Tabor Road, Orient,
New York.
Very truly yours,
~;-,L'~~
Judi th T. Terry
Town Clerk
f";.'-- '-U:,:;~,>;-,
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OFFICE OF TOwN\CrJill.K
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TdwN OF SOUTHOED
JUDITH T. TERRY.
TOWN CURK
REGISTRAR OF VITAL STATISTICS
.;:.,,-, ,,/ .,.:,,,-" //
SUFFOLK COUl\jTY
"J,""
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TELEPHONE
(516) 765-1801
--'-'~~
Southold, L. t, N. Y. 11971
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTH OLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 24, 1979:
RESOLVED, that the Town Attorney be and he hereby
is authorized and directed to prepare deeds, and
the Supervisor be and he hereby is authorized and
directed to execute said deeds for the exchange
of property between the Town of Southold and William
W. Schriever at Tabor Road, Orient, New York. Parcel
A to be conveyed to the Town of Southold by William
W. Schriever and Parcel B to be conveyed to William
W. Schriever by the Town of Southold; said parcels
are shown on a certain map entitled, "Map of Exchange
Town of Southold with William W. Schriever" as
prepared by Roderick Van Tuyl, P.C. under date of
May 15, 1978, and described as follows:
PARCEL A
All that certain plot, piece of parcel of land located
at Hamlet of Orient, Town of Southold, Suffolk County,
New York, as follows:
BEGINNING at point which is on the westerly line of
Tabor Road said point being distant from the inter-
section of the northerly line of Orchard Street with
the westerly line of Tabor Road the following two
courses: (1) North 1 degree 47 minutes 30 seconds
East 268.55 feet, and (2) North 8 degrees 06 minutes
30 seconds West 195.27 feet; proceeding along land of
the Town of Southold the following two courses: (1)
South 82 degrees 32 minutes 20 seconds West 100 feet,
and (2) South 8 degrees 06 minutes 30 seconds East 38.31
feet, thence along land of William W. Schriever the
-
.
following three courses: (1) South 87 degrees 47
minutes 30 seconds West 114.16 feet, (2) North 0
degrees 38 minutes 00 seconds West 47.28 feet and
(3) North 87 degrees 47 minutes 30 seconds East
208.50 feet to the westerly line of Tabor Road and
the point or place of beginning, containing 0.1311
acres.
PARCEL B
All that certain plot, piece of parcel of land
located at Hamlet of Orient, Town of Southold,
Suffolk County, New York, as follows:
BEGINNING at a point which is on the westerly line
of Tabor Road said point being distant from the inter-
section of the northerly line of Orchard Street with
the westerly line of Tabor Road the following two
courses: (1) North 1 degree 47 minutes 30 seconds
East 268.55 feet, and (2) North 8 degrees 06 minutes
30 seconds West 95.27 feet; proceeding along land of
William W. Schriever the following two courses: (1)
South 82 degrees 32 minutes 20 seconds West 100 feet,
and (2) North 8 degrees 06 minutes 30 seconds West
61.69 feet; thence along land of the Town of Southold
North 87 degrees 47 minutes 30 seconds East 100.52
feet to the westerly line of Tabor Road; thence along
the westerly line of Tabor Road South 8 degrees 06
minutes 30 seconds East 52.49 feet to the point
or place of beginning, containing 0.1311 acres.
* * * * *
?:-,
, ,
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,.._/
Supervisor Albert Martocchia
Town of Southold
Town Hall
Southold, N. Y. 11971
April 23, 1979
RI:CEIVcD
,
~ APR 2 ~ i979
I>OU11IOUl YOWl!:
Dear Supervisor Martocchia:
The entire parcel which is to become the drainage facility on the
west side of Tabor Road in Orient is now completely filled and graded.
Since the underground drainage facility has already been inspected and
approved by the Superintendent of Highways, I believe I have completed
all of the requirements as stated in the contract for the exchange of
property with the Town of Southold.
(j{if!!;)l:f;jL:::s
William W~ Schriever
Copies To:
Superintendent of Highways
Planning Board
Robert W. Tasker, Esq.
Charles R. Cuddy, Esq.
. .
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November 15, 1978
Supervisor Albert Martocchia
Tc,wn of Southold
Town Hall
Southold, N. Y. 11971
RE([~VE0
I'J 1'I'~
, cl~{)t>;7'! ~J<".J-
,SQUTHQ'" 1P~rt_ ("-'-~
Dear Mr. Martocchia:
Today I completed the installation of the new drainage system on
Tabor Road, the removal of the old sump and the regrading of the area
previously occupied by the old sump.
In grading the area I made it conform to the contours that I plan
to achieve in the subdivision when the subdivision is completed. That
required raising the grade over the are by at least a foot. And for
that reason there was not enough fill to bring the surrounding area up
to grade. Also there was no topsoil in the sump area and so I had to
strip topsoil from the surrounding area to provide the topsoil I needed
to cover the sump area. Part of the area being deeded to the Town
under the contract is included in the area lacking the necessary fill.
It seemed to me wasteful to dig fill out of the subdivision to
fill the Town's new property at this time since I will have the necessary
fill and topsoil coming out of the roadbed of the subdivision when that
work is started. In fact I estimate that there will be sufficient topsoil
and loam from the roadbed .to complete the regrading of the subdivision
to the planned contours. Therefore I ask that the Town allow me to
build up the grade of the balance of the Town's property at the time
I can begin work on the road. I have such an understanding with Mr. Ray
Dean at this point.
Before the drainage system was covered up, I surveyed the system
that I had installed and as much of the existing system as I could without
digging it up. On November 8 I prepared a map of the system including
all of the elevations that may ever be of interest. I delivered 5 copies
of that map to Mr. Ray Dean for his files on November 8 and I am enclosing
a copy with this letter.
November 15, 1978
Su~ervisor Albert Martocchia
The precast basin that is under the west curb inlet is part of the
old system and I did not disturb it. And the pipe leading to the first
new drainage basin is also part of the old system and was not moved.
Although I did not actually expose the pipe from Orchard Street, I have
every reason to believe that it leads into this old basin, probably into
the dome at about the same elevation as the pipe leading to the new drainage
basins. This old basin no longer seems to provide much leaching but it
does serve to collect the soil and such that comes into the drainage system.
As you can see from the map, the old basin is rather deep and so the
whole new system is also deep in order to accept water from the existing
system. The new manholes are approximately 3~ feet below grade throughout
the system.
My lawyer, Mr. Cuddy, has received the contract signed by you and I
will sign it tomorrow. The title insurance has been ordered and the
papers to release the property from the mortgage ha~been sent off.
I reported to Mr. Ray Dean as to the progress of my work and gave
him an opportunity to inspect it as the appropriate times arrived. Before
covering the system I got his approval to do so and, at the same time,
delivered the copies of the map showing the new installation. Assuming
that the Town will allow me to complete the grading as requested in this
letter, I believe I have fulfilled all of the terms of the contract which
snecify the new drainage system.
If you happen to be in the area, I think you will notice the substantial
improvement in the appearance. Of course the only way I can recover the
cost of this installation is in the increased sale prices of the two lots
adjoining the area. It is a gamble but I have hope that it will occur.
Thank you for your cooperation.
/). SLncere1Y,.Y9-Urs. ,<
Lft(Er4;~11 ~ L.v.. ------,
William W. Schriever
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.
AGREEMENT FOR EXCHANGE OF PROPERTY
This Agreement made this day of October, 1978, by and
between WILLIAM W. SCHRIEVER, Main Road, Orient, New York,
hereinafter referred to as the party of the first part, and the
TOWN BOARD of the TOWN OF SOUTHOLD, County of Suffolk, State of
New York, the duly constituted municipal governing body of said
Town, hereafter referred to as the party of the second part.
The party of the first part agrees to convey to the party of
the second part the parcel herein described as Parcel A and in
exchange therefor the party of the second part agrees to convey to
the party of the first part the parcel herein described as parcel
B. The parties represent to each other that the parcels herein
described are vacant land and are identical in area; said parcels
are shown on a certain map entitled, "Map of Exchange Town of
Southold with William W. Schriever" as prepared by Roderick Van
Tuyl, P.C. under date of May 15, 1978; and annexed hereto.
The premises are to be conveyed subject to:
a. Applicable zoning regulations and ordinances.
b. Any state of facts an accurate survey may show, provided
same does not render title unmarketable.
The deed to be delivered at closing by each party to the
other shall be a bargain and sale deed with covenant against
grantor's acts in proper statutory short form for recording and
shall be executed and acknowledged so as to convey to each party
the fee simple of the premises being conveyed.
The parties shall each convey a marketable title, in
accordance with this agreement, and one which a title company
licensed to do business in New York State will approve and insure.
"-~,,-,,-'~:~', .
"'~_~___u~____" ___~..u_.___
.
IE at closing of title there shall be any liens or encum-
brances against either parcel, then the grantor of the ~espective
parcel shall be obligated upon closing to satisfy the same. There
shall be no adjustments at closing.
With the exception of the party of the second part's
attorney's fees, the party of the first part shall bear the entire
costs of this transaction, including but not limited to the
obtaining by each party of title searches and title insurance,
surveys and recording fees.
The party of the first part shall, at his own expense and
within 60 days from the date hereof, construct a new surface
water drainage facility within the bonds of parcels A and C as
follows:
(1)' Starting from the existing catch basin along Tabor Road
and arranged in a line parallel to the southerly line of parcel C,
a total of five new drainage basins shall be installed
approximately 16 feet on center.
(2) The first four basins shall consist of two precast
drainage rings 8 feet in diameter and 4 feet high with a 6 inch
thick slab cover
having one manhole with cover. The last basin
one precast drainag~~m~~Ole cover, all
shall consist of
obtained by relocating an existing basin at the site.
(3) Each basin shall be connected to the next in line with a
standard length of 12 inch corrugated iron pipe.
(4) All new basins shall be backfilled with the beach sand
and gravel now on the site. The entire facility shall then be
covered to a depth of one to two feet with topsoil and loam now
on the site and graded to conform with the surrounding property.
If either party is unable to convey title in accordance with
this agreement, except for wilfull default, then this agreement
shall be terminated and be of no further force or effect.
The respective deeds shall be delivered at the office of
Robert Tasker, Greenport, New York 30 days after the completion of
the sump to be constructed by the party of the first part.
,
.
. _.. -----..". _.,-~. --.---. ~
This agreement may not be changed orally and its terms are to
apply to and bind the heirs, executors, administrators, successors
and as~igns of the respective parties.
William W. Schriever
Witness:
TOWN OF SOUTHOLD
By:/2Pkfc6r fVi4/l~1!/,~
Attest:
J<:-.-ud'-cr/~ ~r
\ ~Ah--> f1~4~
/
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PARCEL A
ALL that certain plot, piece or parcel of land located at Hamlet
of Orient, Town of Southold, Suffolk County, New York, as
follows:
BEGINNING at point which is on the westerly line of Tabor Road
said point being distant from the intersection of the northerly
line of Orchard Street with the westerly line of Tabor Road the
following two courses: 1) North 1 degree 47 minutes 30 seconds
East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds
West 195.27 feet; proceeding along land of the Town of Southold
the following two courses: (1) South 82 degrees 32 minutes 20
seconds West 100 feet, and (2) South 8 degrees 06 minutes 30
seconds East 38.31 feet, thence along land of William W. Schriever
the following three courses: (1) South 87 degrees 47 minutes 30
seconds West 114.16 feet, (2) North 0 degrees 38 minutes 00
seconds West 47.28 feet and (3) North 87 degrees 47 minutes 30
seconds East 208.50 feet to the westerly line of Tabor Road and
the point or place of beginning, containing 0.1311 acres.
PARCEL B
ALL that certain plot, piece or parcel of land located at Hamlet
of Orient, Town of Southold, Suffolk County, New York, as
follows:
BEGINNING at a point which is on the westerly line of Tabor Road
said point being distant from the intersection of the northerly
line of Orchard Street with the westerly line of Taor Rod the
following two courses: (1) North 1 degree 47 minutes 30 seconds
East 268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds
West 95.27 feet; proceding along land of William W. Schriever the
following two courses: (1) South 82 degrees 32 minutes 20 seconds
West 100 feet, and (2) North 8 degrees 06 minutes 30 seconds West
61.69 feet; thence along land of the Town of Southold North 87
degrees 47 minutes 30 seconds East 100.52 feet to the westerly
line of Tabor Road; thence along the westerly line of Tabor Road
South 8 degrees 06 minutes 30 seconds East 52.49 feet to the point
or place of BEGINNING, containing 0.1311 acres.
PARCEL C
ALL that certain plot, piece or parcel of land located at Hamlet
of Orient, Town of Southold, Suffolk County, New York, as
follows:
BEGINNING at a point on the westerly line of Tabor Road, said
point being distant from the intersection of the northerly line of
Orchard Street with the westerly line of Tabor Road the following
two courses: (1) North 1 degree 47 minutes 30 seconds East
268.55 feet, and (2) North 8 degrees 06 minutes 30 seconds
West 147.76 feet; proceeding along land now of the Town of
Southold South 87 degrees 47 minutes 30 seconds West 100.52 feet
to land of SChriever; thence along land of Schriever the following
two courses: (1) North 8 degrees 06 minutes 30 seconds West
38.31 feet, and (2) North 82 degrees 32 minutes 20 seconds East
100 feet to the westerly side of Tabor Road; thence running along
the westerly line of Tabor Road South 8 degrees 06 minutes 30
seconds East 47.51 feet to the point or place of BEGINNING,
containing 0.0985 acres.
.
1,/\
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RECEIVED
REVISED CONTRACT FOR CONS IDERATION
OCT 2 4 1978
'7./04.)>1 .
GlIllTHOLll BIWII
AGREEMENT FOR EXCHANGE OF PROPERTY
Ji
The Agreement made this day of Octo. 'er, 1978, by and
between WILLIAM W. SCHRIEVER, Main Road, Orient, New "ork, hereinafter
referred to as the party of the first part, and the ToWN BOARD OF THE
TOWN OF SOUTHOLD, County of Suffolk, State of New Yorl, the duly
constituted municipal governing body of said Town, heleafter referred
t" as the party of the second part.
The party of the first part agrees to convey to the party "f the
second oart the parcel herein described as Parcel A and in exchange
therefor the oarty of the second part agrees to convey to the party of
the first part th~ parcel herein described as parcel B. The parties
represent to each other that the parcels herein described are vacant land
and are identical in area; said parcels are shown on a certain map
entitl..d, ''Map of Exchange:Town of Southold with William W. Schriever"
as prepared by Roderick Van Tuyl, p. C. under date of ~y 15, 1978,
and annexed hereto.
The premises are to be conveyed subject to
(a) Applicable zoning regulations and ordinances,
(b) Any state of facts an accurate survey may show, provid.d same
does not render title unmarketable.
The deed to be delivered at closing by each party to the other shall
be a bargain and slile deed with covenant against grantor's acts in proper
statutory short form for recording and shall be execut"d and acknowledged
so as to convey to each party the fee simple of the pr"mises being conveyed.
The parties shall each convey a marketable title, in accordance with
this agreement, and one which a title company licensed to do business in
New York State will approve and insure..
If at closing of title there shall be any liens or encumbrances
against either parcel, then the grantor of the respective parcel shall
be obligated upon closing to satisfy the same. There shall be no
adjustments at closing.
,
With the exception of the party of the second part's attorney's
fees, the party of the first part shall bear the entire costs of this
transaction, Including but not limited to the obtaining by each party of
title seerches and title Insurance, surveys and recording fees.
The party of the first part shall, at his own expense and within
60 days from the date hereof, construct a new surface water drainage
facility within the bounds of parcels A and C as follows:
(1) Starting from the existing catch basin along Tabor Road and
arranged In a line parallel to the southerly line of parcel C, a total
of five new drainage basins shall be Installed approximately 16 feet
on center.
NEW (2) The first four basins shall consist of two precast drainage
rings 8 feet In diameter and 4 feet high with a 6 Inch thick slab cover
having one manhole with cover. The last basin shall consist of one
precast drainage ring, one drainage dome with manhole cover, all obtained
by relocating an existing basin at the site,
(3) Each basin shall be connected to the next In line with a
standard length of 18 Inch corrugated and perforated Iron pipe.
(4) All new basins shall be backfilled with the beach sand and
gravel now on the site, The entire facility shall then be covered to
a depth of one to two feet with topsoil and loam now on the site and", hi
'I.P
graded to conform with the surrounding property.
If either party Is unable to convey title In accordance with this
agreement, except for willful default, then this agreement shall be
terminated and be of no further force or effect.
The respective deeds shall be delivered at the office of Robert
W. Tasker, Greenport, New York, 30 nays after the completion of the
sump to be constructed by the party of 'the first part.
This agreement may not be changed orally and Its terms are to apply
to and bind the heirs, executors, administrators, successors and assigns
of the respective parties.
William W. Schriever
Town of Southold
By Albert M. Martocchla
Supervisor
.
.'
,"
DESCRIPTION OF PARCEL TO TOWN OF SOUTHOLD
(P arce1 A)
BEGINNING af a point on the westerly line of Tabor Road, said point
being distant from the intersection of the northerly line of Orchard
Street with the westerly line of Tabor Road the following two courses:
(1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North
8 degrees 06 minutes 30 seconds West 195.27 feet; proceeding along land
of the Town of Southold the following two courses: (1) South 82 de<<rees
32 minutes 20 seconds West 100.00 feet, and (2) South 8 degrees 06 minutes
30 seconds East 38.31 feet; thence along land of William W. Schriever the
following three courses: (1) South 87 degrees 47 minutes 30 seconds West
114.16 feet, (2) North 0 degrees 38 minutes 00 seconds West 47.28 feet,
and (3) North 87 degrees 47 minutes 30 seconds East 208.50 feet to the
westerly line of Tabor Road and the point or place of BEGINNING, containing
0.1311 acres.
DESCRIPTION OF PARCEL TO WILLIAM W. SCHRIEVER
(Parcel B)
BEGINNING at a point on the westerly line of Tabor Road, said point
being distant from the intersection of the northerly line of Orchard
Street with the westerly line of Tabor Road the following two courses:
(1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North
8 degrees 06 minutes 30 seconds West 95.27 feet; proceeding along land
of William W. Schriever the following two courses: (1) South 82 degrees
32 minutes 20 seconds West 100.00 feet, and (2) North 8 degrees 06 minutes
30 seconds West 61.69 feet; thence along land of the Town of Southold
North 87 degrees 47 minutes 30 seconds tast 100.52 feet to the westerly
line of Tabor Road, thence along said westerly line of Tabor Road South
8 degrees 06 minutes 30 seconds East 52.49 feet to the point or place
of BEOItltlItlll, containing 0.1311 acres.
..
DESCRIPTION OF PARCEL REMAINING WITH TOWN OF SOUTHOLD
(Parcel C)
BEGINNING at a point on the westerly line of Tabor Road, said point
being distant from the Intersection of the northerly line of Orchard
Street with the westerly line of Tabor Road the following two courses:
(1) North 1 degree 47 minutes 30 seconds East 268.55 feet, and (2) North
8 degrees 06 minutes 30 seconds West 147.76 feet; proceeding along land
now of the Town of Southold South 87 degrees 47 minutes 30 seconds West
100.52 feet to land of Schriever; thence along land of Schriever the
following two courses: (1) North 8 degrees 06 minutes 30 seconds West
38.31 feet, and (2) North 82 degrees 32 minutes 20 seconds East 100.00
feet to the westerly line of Tabor Road; thence along said westerly line
of Tabor Road South 8 degrees 06 minutes 30 seconds East 47.51 feet to
tile point or place of BEGINNING, containing 0;0985 acres.
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