HomeMy WebLinkAboutStepnoski, Watsie G
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DISTRICT:
1000
SECTION:
097.00
BLOCK:
01.00
LOT:
p/o
016.000
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I Standard N.Y.B.T.U. Form SOO7-IOM. "~argajn and Sale Deed, with Covenant against Grantor's Acts-Individual or Corporation. '3I--J~ _ ~~66 7
CONSULT YOUR LAWYER BEFORE SlliNINIi THIS INSTRUMENT. THIS INSTRUMENT SHOULD BI USED BY LAWYERS ONLY
IBE~8978p^Gt415' 2:'1721.
THIS INDENTURE, made the 20th day ot Match , nineteen hundred and eighty-one
BETWEEN
E.
WATSIE G. STEPNOSKI and JENNIE/STEPNOSKI, his wife, both residing
at (no number) Main Road, peconic, New York 11958
party of the first part, and
TOWN OF SOUTHOLD, a municipal corporation of the State of New York,
Main Road, Southold, New York 11971
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
TEN ($10. 00) ----------------------------------------------- dollars,
lawful money of the United States,
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 iJUbe at Cutchogue, in the Town of Southold, County of Suffolk
and State of New Yor~, bounded and described as follows:
BEGINNING at a point on the westerly line of Bridge Lane, 200 feet,
more or less, northerly along said westerly line from its intersection
with the northerly line of Main (State) Road, said point of beginning
being also at the intersection of the northeasterly corner of land
now or formerly of Case with the said westerlyline of Bridge Lane;
from said point of beginning running thence along said land of Case,
two courses as follows:
1) South 79 degrees 20 minutes 20 seconds West 100.0 feet; thence
2) South 31 degrees 47 minutes 00 seconds East 200.0 feet to the
northerly line of Main (State) Road;
.~ running thence along said northerly line of Main (State) Road South
t 71 degrees 55 minutes 30 seconds West 233.78 feet to land now or
formerly of Orlowski;
running thence along land last mentioned two courses as follows:
1) North 1 degree 18 minutes 50 seconds West 74.40 feet; thence
2) North 43 degrees 58 minutes 20 seconds West 85.60 feet to other
land of the sellers;
running thence along land last mentioned, two courses as follows:
1) North 54 degrees 57 minutes 50 seconds East 210.15 feet; thence
2) North 79 degrees 20 minutes 20 seconds East 93.75 feet to said
westerly line of Bridge Lane;
running thence along said westerly.. line of Bridge Lane South 42 degrees
59 minutes 00 seconds East 17.75 feet to said land of Case and the
i : point or place of BEGINNING.
,-, J I BEING and intended to be a portion of the premises conveyed to Watsie G.
'"',,,,) IStepnoski and Jennie E. Stepnoski, his wife, the parties of the first part herein,
~ Iby deed dated January 30, 1943 and recorded in the Suffolk Co erk's Office
~'':J jon April 22, 1943 in Liber 2282 of deeds at page 525. $.~.~.~_.
~ I 2~021 REAL mATE
"" ' MAR 2~ 1981
TRi-,..... PER I j.,,(
SlHRl.I\
C(!~..J' :TY
'~.....
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If
JS'iB978PAGf416
TOGETHER with all right, title and interest, i~ 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 incumbered 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:
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watsie G. Stepn&ski
~~~ ~t~~. LS
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~Jo~~~8978!)J~G~ .n7
STATE OF NEW YORK. COUNTY O'
Suffolk
On the 20th day of March 1981 , before me
personally :arne
watsie G. Stepnoski
and Jennie E. Stepnoski
to me known to be the individual s described in and who
executed the foregoing instrument, and acknowledged that
they ~uf~the sanoe. .
().~:~:~ !V/; /
/
RUDOLPH H. BRUER
Notary Public, Slate of New Yarle
No. 52-0465630
Qualnied in Suffolk County
Commisiion E:cpires March 30, 1881
JTATE 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;" 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.
~ar!lain aub 8alr Irrb
WITH COV:E:NANT AGAINST GRANTOR'S ACTS
TITLE NO.
watsie G. Stepnoski and
Jennie E. Stepnoski, his wife,
TO
Town of Southold
II STAllIUI fOlM Of NEW YHI( lUll If TIT" _....._11
Recorded By:
U.-UFE TITLE INSURANCE
Company of New York
127 W. Main Street
Riverhead. N. Y. 11901 Hec~:l
Return to:
If
II
55. STATE O' NIW YORK. COUNTY O'
55:
On the day of
personally came
19
, before me
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
55: STATE O' NEW YORK. COUNTY O. .
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
~jt~ TOWN of Southold
County of Suffolk
R.ecorded at Request of
1
.
-
R.eturn by Mail to
Robert w. Tasker, Esq.
425 Main street
Greenport, New York 11944
Zip No.
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JUDITH T. TERRY
T OWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. \\97\
January 28, 1981
Rudolph H. Bruer, Esq.
Main Road
Southold, New York 11971
Dear Rudy:
Enclosed herewith is the executed Contract of
Sale between Watsie G. Stepnoski and Jennie Stepnoski,
his wife, and the Town of Southold, for the purchase
of a parcel of land on Bridge Lane and Main Road,
Cutchogue, New York by the Town of Southold.
Very truly yours,
~
Judith T. Terry
Southold Town Clerk
Enclosure
P,.F.:.."-a. ._
Rev ...
Date:
Parties:
Premises:
NYBTU Form 8041 (Rev. 11178)-{::ONTRACT OF SALE
".
WARNING:
NO REPRESENTATION IS MADE THAT TH~S FOR..\f OF CONTRACT FOR THE SALE AND PURCHASE OF
REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN
ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT.
NOTE: FIRE AND CASUALTY LOSSES:
This contract form does not provide for what happen~ in the event of fire or casualty loss before the title closing!.
Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part
of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises.
...-1,
CONTRACT OF SALE made as of the --< 7 - day of January
BETWEEN WATSIE G. STEPNOSKI and ,]e/f//ljr <:::... STEPNOSKI,
both residing at Main Road (No Number), Peconic, New York
,19 81
his wife,
1\x<<=:.x
hereinafter called "SELLER", who agrees to sell;
and TOWN OF SOUTHOLD, a municipal corporation of the State of New York,
Main Road (No Number), Southold, New York
Address:
hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements
thereon (the "PREMISES"), more fully described as, all that certain plot, piece or parcel of land, ~~
~1I:llfremx:_~""ll<~lying and being::irKm at Cutchogue, in the Town of
Southold, County of Suffolk, and State of New York, bounded and described as follow:
BEGINNING at a point on the westerly line of Bridge Lane, 200 feet more 0:
less, northerly along said westerly line from its intersection with the northerly line
of Main (State) Road, said point of beginning being also at the intersection of the
northeasterly corner of land now or formerly of Case with said westerly line of
Bridge Lane; from said point of beginning running thence along said land of Case,two
courses as follows:
(1) South 79 degrees 20 minutes 20 seconds west 100.0 feet; thence
(2) South 31 degrees 47 minutes 00 second3 east 200.0 feet to the northerly
line of Main (State) Road; running thence along said northerly line of Main (State)
Road South 71 degrees 55 minutes 30 seconds west 233.76 feet to land now or
formerly of Orlowski; running thence along land last mentioned two courses as
follows:
(1) North 1 degree 18 minutes 50 seconds west 74.40 ;feet; thence
(2) North 43 degrees 58 minutes 20 seconds west 85.60 feet to other land
of the Sellers; running thence along land last mentioned, two courses as follows:
(1) North 54 degrees 57 minutes 50 seconds east 210.15 feet; thence
(2) North 79 degrees 20 minutes 20 seconds east 93.75 feet to said
westerly line of Bridge Lane; running thence along said westerly line of Bridge
Lane South 42 degrees 59 minutes 00 seconds east 17.75 feet to said land of Case
and the point or place of beginning.
Containing 38,949 sq. ft. according to a survey prepared by Roderick
Van Tuyl, P.C. dated January 5, 1981, a copy of which is hereinto annexed and
made a part hereof.
T~ ,:
Also known as: SIr.....----
Tax Map Designalon: District 1000, Section 097, Block 1 p/o Parcel 16
Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9.
Personal
Property:
Purchase
Price:
Existing
Mortgage(s):
Acceptable
Funds:
"Subject to"
Provi!ions:
Title
Ctmlf>any
Approval:
The s . cludes all fIxtures and articles of personal property attached to or used in conn;~:~ .n ~
PREMISES, unless sp . cluded below. SELLER states that they are paid for and own .. . ee and
clear of any lien other than the EXI TGAGE(S). They include .mlted to plumbing, heating, .
lighting and cooking fIxtures, bathroom and kitc e . antels, door mirrors, venetian blinds, shades,
screens, awnings, storm windows,' xes, storm doors, m . we~her vanes, flagpoles, pumps,
shrubbery, fencin statuary, tool sheds, dishwashers, washing machines, c ers, garbage disposal
. ges, refrigerators, freezers, air conditioning equipment and installations, and wall to .
Excluded from this sale are: I!llxWJm:ac2lllklmulKbold::ixHimiK~ any and all personal property
~
$ 15,000.00
I. (a) The purchase price is
Payable as follows:
On the signing of this contract, by check subject to collection:
$
By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $
Bya Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $
BALANCE AT CLOSING:
$
15,000.00.
If this sale is subject to an EXISTING MORTGAGE, the Purchase Money Not.. and Mongagewill also
that it will re . subject to the prior lien of any EXISTING MORTGAGE even though the EXI RTGAGE
is extended or modi I ood faith.- The Purchase Money Note and Mortgage sh awn on the standard form
of New York Board of Title Un e . rs by the attorney for SELLER. SER shall pay the mortgage recording
taX, recording fees and the attorney's fee I amou .. for its preparation.
(c) If any required payments are an E G MORTGAGE between now and CLOSING which
reduce the unpaid princi nt of an EXISTING MORTG low the amount shown in paragraph 2, then
the balance 0 ce payable at CLOSING will be adjusted. SELLER agre the amount shown in Paragraph 2
a ly correct and that only payments required by the EXISTING MORTG '11 be made.
(d) If there is a mortgage escrow account that is maintained for the purpose of paying taXes urance, ete.
SELLER shall assign it to PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amoun e
escrow account to SELLER at CLOSING.
ISES will be conveyed subject to the continuing lien of "EXISTING MORTGAG!illi.):.as.Jollows,.--
. , ...- ---
Mortgage now in the unpaid pnnCl f.$ __ ana Interest at the rate of per cent per
year, presently payable , ,mlnst:alImenrs....f.-$ . '. , which include principal,
...inle-..t, ---- and with any balance of principal being dUeantrpayable..an____
--
--
SELLER hereby states that no EXISTING MORTGAGE contain. any provision that permits the holder of the
mortgage to require its immediate payment in full or to change any'other term theniof by reason of the fact of
CLOSING.
3. All money payable under this contract unless otherwise specifIed, shall be either:
a. Cash, but not over one thousand ($1,000.00) Dollars,
b. Good certifIed check of PURCHASER, or official check of any bank, savings bank, trust company, or savings
and loan association having a banking office in the State of New York, payable to the order of SELLER, orto the order
of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of
SELLER or SELLER'S attorney.
c. Money other than the purchase price, payable to SELLER at CLOSING, maybe by check of PURCHASER up
totheamountof Five Hundred Dollars ($ 500.00 ) dollars, or
d. As otherwise agreed to in writing by SELLER or SELLER'S attorney.
4. The PREMISES are to be transferred subject to:
a. Laws and govern;"ental regulations that affect the use and maintenance of the PREMISES, provided thai they
are not violated by the buildings and improvements erected on the PREMISES.
b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut.
c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway.
d. Any State of Facts an accurate surveyor personal inspection of the
premises would reveal, provided that the same do not render title unmarketable.
5. SELLER shall give and PURCHASER shall accept such ti\e as any title company doing busines,
in Suffolk County , a member of The
New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of
title policy, subject only to the matters provided for in this contract.
L~S: '.
Dry~Md
And .
Form ~of
Deed:
"
I I
Closing
Date and
Place:
Broker:
>.'
Streets and
Assignment of
Unpaid Awards:
I
Mortgagee's
Certificate
ur Letter as to
Existing
Mongages(s):
Compliarue with
State and
Municipal
Department
Violations
and Orders:
Omit if the
Property is not in
the City of New
York:
Installment
Assessment:
Apportionments:
WaitT Mem-
Readings:
Allowance for
Unpaid Taxes, etc.:
Use of
Purchase Price
to Pay
Encumbrances:
Affidavit as to
Judgments,
Bankruptcies:
.
6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this
contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a .
Bargain and Sale deed in proper statutory form for recording so as 10 transfer
full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will
contain a covenant by SELLER as required by Section 13 of the Lien Law.
If SELLER is a corporation, it will deliver 10 PURCHASER at the time of CLOSING (a) a resolution of its Board of
Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of
the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the
requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient
to establish compliance with that section.
7. CLOSING will take place at the office of
New York
at 10:00 o'clock on
Robert W. Tasker, 425 Main Street, Greenport,
day of February 19 81
8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale Oilk!l!O<
IbJut:
~~It>>mk1m:m:lC.lUlllmt..il:>mmmeJt}l:lll!lfld:~!(pHll6J1llD{XlX~~.
9. This sale includes all of SELLER's ownership and rights, if any, in any land lying in the bed of any street or highway,
opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of
SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by
reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at.
CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and
damages.
ER agrees to deliverto PURCHASERAT CLOSING, a certificate dated not more than thirty (30) da s
CLOSING signe older of each EXISTING MORTGAGE, in form for recording, ce .. amount of the
unpaid principal and interest, turity, and rate of interest.
SELLER shall pay the fees for recording such cern I 0 der of a mortgage is a bank or other institution as
defined in Section 274-a, Real Pro ,It may, instead of the Ci!rtifi~rnish an unqualified letter dated not
more than thl ys efore CLOSING contalmng the same mformation:--sEI:oLE~ereby states that any
MORTGAGE will not be in default at the time of CLOSING. . ~_
II. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or
requirements noted in or issued by any governmental department having authority as to lands, housing, buildings,
fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free
of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any
authorizations necessary to make the searches that could disclose these matters.
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12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in
annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all
the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING.
13. The following are to be apportioned as of midnight of the day before the day of CLOSING:
(x)x:~d.:lI'kll!lJ<OOJl~wxiX!6x~i(il<~~:xOO:Gkx
inmN~~~~~~~(d) Taxes,_~~~~on
the basis of the fiscal period for which assessed. (Il)x:~~
If CLOSIN G shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the
old tax rate for the preceding period applied to the latest assessed valuation.
Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall
survive CLOSING.
14. >>~:illl:>>>lr1/:_lr1/:R~tiMllli()lll'~<hdiixRixlDora:~~JOOmrlI~
~~I\!km!tlX~~~~~if~~X>llxbOOuixildiiKa.Ix
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15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any
unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date
not less than five business days after CLOSING, provided that official bills therefor computed to said date are
produced at CLOSING.
16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER
may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit
money with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if
the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of
the PREMISES. Upon request made within a reasonable rime before CLOSING, PURCHASER agrees to provide
separate certified checks as requested to assist in clearing up these matters.
17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same
as or similar to that of SELLER, SELLER shall deliver a satisfaclOry detailed affidavit at CLOSING showing that they
are not against SELLER.
',.
Deed Transfer
and
Recording Taxes:
Purchaser's lien:
SeLLer's Inability
to convey and
limitation oj
4ability:
Condition of
Property..
Entire
Agreement:
Changes Must Be
In Writing:
Singular also
Means Plural:
I,
TITLE NO.
18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate S;-ue,.City or
County officer in the amount of any app]j~~ble transfer and/or recording taX payable by reason of the delivery or
recording of the deed, together with any required tax ;etum. PURCHASER agrees toduiy complete the taX return and
to cause the check(s) and the taX return to be delivered to the appropriate officer promptly after CLOSING.
19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the
PREMISES and of any survey and survey inspectibn charges are hereby made liens on the PREMISES and collectable
out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER,
20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability
shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any
appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges.
Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER
shall have any further rights against the other.
21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale
and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present
condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING.PURCHASER
shall have the right, aftcr reasonable notice to SELLER, to inspect them before CLOSING.
22. 'All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It
completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon
any statements made by anyone else that are not set forth in this contract.
23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the
distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties
hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this
contract.
24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may
require it.
In Presence Of:
TO WN OF SOUTHOLD
~
1 lA' ":;'" G..)' TiT
By ~l oJ "1401,'1';- ,((/bu.
. . UllerVlsor ' , .
. /l1IcP~'-'~ /'~~~
Watsie~. Sclno ' 1, ,/'
~ fli WJQlez
'J :s epno~
Closing of title under the withih contract is hereby adjourned to
at o'clock, at -..
as of 19
Dated, 19 , '. .,
For value received, th,'Within-wntract and all the right, title and interest of the purchaser thereunder are hereby
assigned, transferred and set over unto _
and said assignee hereby assumes all obligations of the purchaser th~reunder.
Dated, 19
19
'; title to be closed and all adjustments to be made
Purchaser
Assignee of Purchaser
PREMISES
STEPNOSKI and
/" ;1
STEPNOSKI
Section
Block
Lot.
CQunty or Town
Street Numbered Address
"
... l'-ecorded AtRequ;"t of.
"."
WATSIE G.
To:
Uo"llFE TITLE INSURANCE
Company of New York
RETURN BY MAIL TO:
TOWN OF SOUTHOLD
\,
Standard Form of New York
Board of Title UnderNl'iters
Distributed by
Uo-UFE TITLE INSURANCE
Company of New York
Zip No.
-
LEFFERTS P. EDSON
RUDOLPH H. BRUER
ATTOftNIIY. AT LAW
cf~QA aAd gj]"ae/'
MAl N ROAD
8QUTHOLD. NEW YORK 1187'
January 26, 1981
Supervisor william pell
Town of Southold
Southold Town Hall
Main Road
Southold, New York 11971
Re: Purchase of Land by Town of Southold
Owner - watsie G. Stepnoski
Dear Bill:
We enclose herein Contract of Sale
in connection with the above which has been
signed by Mr. Stepnoski.
Please provide me with an executed copy
at your earliest convenience.
RHB:dbc
Enclosure
----
Bruer
_i
7'/
II".) 7....'1.22
UII.) 7....2110O
ROBERT W. TASKER
Town Attorney
OFFIC
T
ORNEY
D
TELEPHONE
(516) 477-1400
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
January 12, 1981
Hon. Judith T. Terry
Southold Town Clerk
Main Road
Southold, New York 11971
Re: Purchase of Land - West Side of
Bridge Lane from Stepnoski
Dear Judy:
I have prepared and enclose herewith, in duplicate, a proposed Contract
between Stepnoski and the Town of Southold for the purchase of a parcel
of land west of Bridge Lane and north of Route 25 at Cutchogu~.
At this time, no purchase price has been agreed to. Therefore, I have not
completed paragraph 1 on the second page of the Contract. When a purchase
price has been agreed to, this may be completed. Normally, ten percent of
the purchase price is required to be paid by the purchaser upon signing of
the Contract and the balance of the purchase price is paid at title closing.
As I indicated to you by phone, I do not believe that the proposal to purchase
this property should be placed on the Town Board agenda until such time as
all of the terms and conditions of this purchase have been agreed to by the
parties. If the Supervisor is able to arrive at a purchase price prior to
the January 13, 1981 Town Board Meeting, then a resolution may be adopted.
On the other hand, if no agreement has been arrived at, I would recommend
that this matter not be placed on the agenda.
If you have any questions on this matter, please call me.
Yours very truly,
RO~TASKER
RWT:aa
enc.
'.
ROBERT W. TASKER
Town Attorney
OFFIC
T
ORNEY
D
TELEPHONE
(516) 477-1400
~a'JED
I1.?R l1\l3~'
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425 MAIN ST.
GREENPORT, L.l., NEW YORK 11944
April 15, 1981
Hon. Judith T. Terry
Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re: Town of Southold w/Stepnoski
Dear Judy:
Relative to the above, I enclose herewith the following:
1. Deed dated March 20, 1981 from Watsie G. Stepnoski and Jennie E.
Stepnoski to the Town of Southold, which deed was recorded in the
Suffolk County Clerk's Office on March 25, 1981 in Liber 8978 of Deeds
at page 415.
2. U. S. Life Title Insurance Policy #81- 52-34674 in the amount of
$15,000.00.
In order that I may have a record for my files will you please acknowledge
receipt of the above by signing a copy of this letter enclosed for that
purpose.
Yours very truly,
ffi
ROBERT W. TASKER
RWT:aa
encs.
.
YEARS OF
SE RVICE
~J'r..."iIFE TITLE INSURANCE Company of New York
Policy of
Title Insurance
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 1055 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 forti" or by reason of un-
marketability of the title of the insured to or in the premises, or by reason of liens or
incumbrances affecting title attha date hereof, or by reason of anvstatutory 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 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.
IN WITNESS WHEREOF, USLlFE TITLE Insurance Company of New York has caused this
policy to be signed and sealed on its date of issue set forth herein.
~.
President
Attest:
~., 'i? /(t~'
St1crBta~.yl
I
Name of Insured
TOWN OF SOUTHOLD
Policy No.
81-52-34674
Amount of
Insurance
$15,000.00
The estate or interest insured by this policy is
vested in the insured by means of
Dete of Issue 3/20/81
DEE D recorded 3/25/81
Schedule A
The premises in Which the insured has the estate or interest covered by this policy is described on the description sheet annexed.
Schedule B
The following estates, interests, defects, objection to title, liens and incumbrances and other matters are excepted from the coverages of this policy:
1. Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided.
2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises.
3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the use, occupancy, subdivision or
improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with 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 ines of the premises, ortitle to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways,
or the right to maintain therein vaults, tunnel~ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or
easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted, insures the ordinary rights of access
and egress belonging to abutting owners.
6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise.
SURVEY by Roderick Van Tuy1, dated 1/5/81 shows vacant land; no encroach-
ments or variations. Company excepts any state of facts a surveyor in-
spection of the premises made since 1/5/81 might show.
RIGHTS of tenants or persons inpossession, if any.
POSSIBLE unpaid water charges.
.
. .
Report 13-5 (10/80)
SCHEDULE A (Description)
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying
and being, at CutchJgue, in the Town of Southold,.county of Suffolk, and State
of New York, rounded and described as follows:
BEGINNING at a point on the westerly line of Bridge Iane, 200 feet llOre or less,
northerly along said westerly line from its intersection with the northerly line
of Main (State) Road, said point of beginning being also at the intersection of
the oortheasterly corner of land now of fonnerly of Case with said westerly line
of Bridge Iane;
fran said point of beginning running thence along said land of Case, two courses
as follows:
1) South 790 20' 20" West 100.0 feet; thence
2) South 310 47' 00" East 200.0 feet to the northerly line of Main (State) Road;
Running 'Ihence along said northerly line of Main (State) Road South 710 55' 30"
West 233.78 feet to land now or fonnerly of Orlowski;
Running 'Ihence along land last rrentioned two courses as follows:
1) North 10 18' 50" West 74.40 feet; 'Ihence
2) North 430 58' 20" West 85.60 feet to other land of the Sellers;
Running thence along land last rrentioned, two courses as follows:
1) North 540 57' 50" East 210.15 feet; thence
2) North 790 20' 20" East 93.75 feet to said westerly line of Bridge Iane;
Running 'Ihence along said westerly line of Bridge Iane South 420 59' 00" East 17.75
feet to said land of Case and the point or place of BEGINNING.
FOR INFORMATION ONLY:
DISTRICT 1000
SECTION 097.00
BLOCK 01. 00
LOT
plo 016.000
~
~
Conditions
of this Policy
1. Definitions
(a) Wherever the term "insured" is used in this policy it includes those who succeedtothe 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 wherever the term "insured" is used in theconditionsofthis policy it also includes the attorneys and
agents of the "insured."
(b) Wherever the term "this company" is used in this policy it means USLlFE TITLE Insurance Company of New York.
(e) Wherever the term "final determination" or "finally determined" is used in this policy, it means the final determination of a court of competent jurisdiction after
disposition of all appeals or after the time to appeal has expired.
(d) Wherever the term "the premises" is used in this policy, it means the property insured herein as described in Schedule A of this policy including such buildings and
improvements thereon which by law constitute real property.
leI 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 incumbrances 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 proscute or defend, the insured shall secure to it the right and opportunity to maintain or defend
the action or proceeding, and all appears 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.
3. Ca.s Where liability Arises
No claim for damages shall arise or be maintainable under this policy except in the following cases:
(a) Where there has been a final determination under which the insured may be dispossessed, evicted or ejected from the premises or from some part or undivided
share or interest therein.
(b) Where there has been a final determination adverse to the title upon a lien or incumbrance not eexcepted 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 mortgage 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 su bjectto a prior lien or incumbrance not excepted in this policy; or where a recording office 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 becauseofa defector incumbrance not excepted
in this policy
(f) Where the insured shall have transferred the title insured by an instrument containing covenants in regardtotitleorwarrantythereof and there shall have been a final
determination on any of such covenants or warranty, against the insured, because of a defect or incumbrance 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 afullaward
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 ofan alleged defector 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 orsuitwithoutthewritten
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 adversetothe title insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, processor 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.
5. Payment of Loss
fa) Thiscompanywill pay, in addition to the loss, all statutory costs and allowances imposed on the insured in litigation carried on bythiscompanyforthe 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 rightto settle, at its own cost, any claim orsuitwhich may involve liability under
this policy, or (2) may terminate its liability hereunder by paying ortendering the full amount ofthis 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 otthem, 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 incumbrances 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 conveyance or assignment of the insured estate or interest to this company of 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.
The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest.
fc) 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 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 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.
6. Co-Insurance and Apportionment
(a) In the event that partial loss occurs after the insured makes an improvement subsequent to the date of this policy, and only in that event, the insured becomes a
co-insurer to the exterlt 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 one hundred twenty per centum of the amount of this policy bears to the sum amount of this policy and the amount expended for the improvement. The
foregoing 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*,e insured pursuant tothe terms of this policy or to costs imposed on the insured in such actions or proceeding, and shall apply only to that portion of losses which
e~eed in the aggregate ten per cent of the face of the polley.
Provided, however, that the foregoing co-insurance provisions shall not apply to any loss arising outof a lien or incumbrance for a liquidated amount which existed on
the date ofthis poHcy and was not shown in Schedule D; and provided further, such co-insurance provisions shall not apply to any loss if, atthetimeoftheoccurrence of
stich loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy.
(bllfthe 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 astovalue of said separate; independent parcels exclusive of improvements made subsequenttothe
date of this policy.
(cJ Clauses "(a)" and "(bl" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor.
(d) If, atthetlme liability for any loss shall have been fixed pursuantto the conditions ofthis policy, the Insured holds another policy ofinsurance covering the same loss
issued by another company, this company shall not be liableto the insured for a greater proportion of the loss than the amount that th is 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.
7. A...n~ntmPoHcy
If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enuretothe benefit of successive 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 U nderwriters filed with the Superintendent of
Insurance of the State of New York on behalf of this and other member companies for continuation of liability to granteesofthe insured in certain specificcircumstances
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 instrument of
transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy.
8. Subrogation
la) This company shali 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
eMeCute such inst-ruments as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to any remaining interest ofthe
tnslJll'ed.
(e) Ifme Hwured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or guarantor or
fIoom relea,""g 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
iosu-red.
9. MI.....,.....ntltlon
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.
18. No Waiver of Conditions
This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive
any provision of this policy.
11. Policy entire Contract
All actions or proceedings against this company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may bring
against this company in respect of other services rendered in connection with the issuanceofthispolicy, 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 beefteCled onl'l by written endorseme:nt.lfthe recording date of the instruments
creating the insured interest is later than the pottcy date, such policy shall also cover intervemng liens or incumbrances, except real estate taxes, assessments, water
charges and sewer rents.
U-"l1FE TITLE INSURANCE Company of New York
New York State Offices
Albany County
90 State Street, Albany 12207
518472.9161
Bronx County
2488 Grand Concourse, Bronx 10458
212292-5200
Kings County
185 Montague Street, Brooklyn, 11201
212522-0777 212425-8010
Nassau County
170Jericho Turnpike, Floral Park 11001
516354.8500 212347-2010
New York County
125 Maiden Lane, New York 10038
212425-8010
au..ns County
90-15 Sutphin Boulevard, Jamaica 11435
212739-4001
Richmond County
350 St. Marks Place, St. George, 5.1. 10301
212442-2700
Rockland County
20 South Main Street, New City 10956
914634.3612 212292-1528
Suffolk County
127W. Main Street, Riverhead 11901
516727-4140 212962-1445
W.stchester County
235 Main Street, White Plains 10601
914948-4040 212824-0404
Policy 21 (1IBO)
N.Y.B,T,U. Form No_ 100D
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ATTORHKYS AT LAW
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MAIN ROAD
SOUTHOLD, NEW YORK 11971
J 9 /981
LEFFERTS P. EDSON
RUDOLPH H. BRUER
January 9, 1981
Supervisor william pell
Town of Southold
Southold Town Hall
Main Road
Southold, New York 11971
Re: Purchase of Land by Town of Southold
Owner - Watsie G. Stepnoski
Dear Bill:
In connection with the proposed purchase
by the Town of property of watsie Stepnoski,
Mr. Stepnoski feels that a fair and equitable
purchase price will be $20,000.00.
He feels that the value is there due to the
large road frontage. Mr. Stepnoski also feels
that having a sump bordering his property de-
values the remaining part of his farm in the event
that it is later developed for one family homes.
Please advise me of the Board's decision.
Sincerely,
-gvL~/
RUdOlp~H. Bruer
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(1S1l5) 76S.1222
U5 I B) 7615-2800
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MAIN ROAD
SQUTHOLO, NEW YORK 11971
(516) 765-2288
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LEWIS EDSON
LICENSED BROKER
MAIN ROAD
CUTCHOGUE, NEW YORK 11935
15161 734-6687
December 10. 1979
APPRAISAL REPORT
FOR
THE TOWN OF SOU'L'HOLD
WATSIE G. STEPNOSKI PROPERTY
AT
BRIDGE LANE, CUTCHOGUE, N.Y.
.,
nrstlOwne,
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MAIN ROAD
SQUTHOLD, NEW YORK 11971
15161 765-2288
LEWIS EDSON
liCENSED BROKER
MAIN ROAD
CUTCHOGUE, NEW YORK 11935
(516) 734-6687
December 10, 1979
Appraisal Report for the Town of Southold of the Watsie G.
Stepnoski property at Bridge Lane, Cutchogue, New York
$60.00
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Lewis L. Edson
First Towne Realty
Main Road
Southold, New York, 11971
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MAIN ROAD
SOUTHOLD, NEW YORK 11971
15161 765.2288
LEWIS EDSON
LICENSED BROKER
MAIN ROAD
CUTCHOGUE, NEW YORK 11935
15161734-6687
In the Matter of
the Property of
Watsie G. Stepnoski
)
)
)
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State of New York )
)
County of Suffolk )
as
Lewis L. Edson being duly sworn; deposes and says: I am
over 21 years of age and reside at Southold, Town of Southold,
Suffolk County, New York. I am duly licensed as a real estate broker
and sole owner of First Towne Realty of Southold and Cutchogue,
New York.
I have acted in some sales and purchases in the Town of
Southold. I have also bought and sold real property for my own
account 'at Southold and elsewhere in the Town of Southold. I am
well aquainted with real estate values in Southold.
On or about November 30, 1979, Raymond Dean, Highway
Superintendent for the Town of Southold requested ~irst Towne
Realty to make an appraisal of a portion of the real property in the
Town of Southold, Village of Cutchogue, owned by Watsie G. Stepnoski.
While I was then generally familiar with the property, I have
since carefully inspected all of the property for the purpose of
I
appraising it.
- .
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The parcel contains ~pproximatly 40,000 square feet,
is located on the westerly side of Brigge Lane approximatly 200ft.
northerly from Main Road, Cutchogue, Town of Southold, County of Suffolk
State of New York and is bounded on the north by M. Zanowski, east
by Bridge Lane, South by M. E. Case and west by A. Gryszko. The
subject property is cultivated farm land. The portion in con-
sideration is the low point of the surrounding area. There
already exist deep ruts which have been created by the heavy flow
of water to this property. An earthen dike has been formed on the
southernly side of the subject property to retain the water from
going on the Case property. In my opinion, because of the terrain
of the area this property has little value for farming or residential
purposes.
The 1978 - 1979 Southold Town Assessment of the entire
16.5 acres parcel was:
Land
$4300.
The 1978 - 1979 Southold Town Tases for the entire
16.5 acre parcel was:
$831.88
In my opinion a fair market value for the entire 16.5
acre parcel would be $3500. per acre or $57,750.
The purpose of this appraisal is to arrive at a fair
market value for an acre at the south-easterly corner of the
property as shown on the attached survey. As here in for stated
the subject property has little value because of the lowness to
the surrounding area and the creation of a recharge basin as
intended by the Town of Southold will increase the value to the
.
.
.
,
surrounding properties
In my opinion a fair market value for the subject parcel
would be $6000.00
Suffolk County Tas Map # 1000- 97-1-16
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Lewis L. Edson
Licenced Broker
Subscribed to and sworn before me this
10th day of December, 1979
)<dVvtb-?u- ~J,(-,,#-
/ Notary Public '
1lOTARY~~,=,y..
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a........ In Suffoll< Coll!'!f
eomm_ Exp/ret M..ch 3Q; I'ill
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