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HomeMy WebLinkAboutNorris, Bruce ~ NO(~yY' r~- ;7"- /" ~\I~ ,,'\, ,-, i~ ,', -,' ,.' ~\" ,,'_ _ Il'" \;,.";;'1" o TAX MAP DESIGNATION D"t. 1000 Sec, 141. 00 Blk. 04.00 Lot(s): p/o 028.000 '. ,j (1 , , I StandJ;d N. Y.B, T. U. Form 800rto-79-20M-Bugain Jnd Sale Deed, with Covenant agaill5t GrJl,tor's Acts-Individual or CorpoIJtiOl 8"o"l --:5 N' '." 8' '7 (<~ CONsilLT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOUl.D BE USED BY LAWYERS ONLY. , iP' 9t5u fAcE 83 THIS INDEN11JRE, made the 31st day of March BElWEEN 2443'7 , nineteen hundred and eighty-two BRUCE A. NORRIS, residing at New Suffolk Avenu=, Mattitu::k, New York 11952, party of the first part, and WE 'KWN OF SOU'IHOID, a rmnicipal corporatien =ganized under the Laws of the State of New York, with principal office at the 'ltMn Clerk's Office, (no #) Main Road, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, in consideration of CNE AND 00/100----------__ --------------------- ($1. 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, AIL that certain plot, piece or parcel of land, with the buildings and improvements thereon ere5ted, situate, , lying and being ~ at Mattituck, in the 'l'am of Southold, OJtnty of Suffolk and State of New Y=k, being nore particularly bomded and described as follows: BEGINNING at a point en the northerly side of Somd AValU= distant the follewing two (2) courses fran the comer forrred ~ the intersection of the n=therly side of Sound Avenue with the westerly side of love Lane; (1) South 740 03' 00" West, 87.34 feet; (2) South 790 44' 10" West, 29.65 feet; from said point of beginning; running thence South 790 44' 10" West still aleng the northerly side of Somd Avenue, 70.35 feet; thence South 750 26' 10" West still aloog the northerly side of Somd Avenue, 158.70 feet to land new or formerly of M3.ttitu::k Episccpal Church; thence N=th 140 09' 30" West almg th€ last mentiened land, 149.50 feet to land new or forrrerly of '!he North Fork Bank & Trust Co. ; thence the follewing four (4) =urses and distances aloog the last mentiened land: (1) North 610 22' 10" East, 60.37 feet; (2) South 320 DO' 00" East, 30 feet; (3) North 600 40' 40" East, 29.47 feet; (4) N=th 560 39' 50" East, 138.40 feet to land new or formerly of Barker; thence South 320 00' 00" East almg the last mentioned land and other land of the party of the first part, 61. 37 feet; running thence aleng other land of the party of the first part, the follewing two (2) courses and distances: (1) South 580 06' 40" West, 18.81 feet to a IlDnurrent, thence (2) South 140 41' 40" East, 128.73 feet to the point or place of BEGINNING. 'KGE'IllER with a ten f=t right of way for pedestrian use only for ingress and egress to love Lane, running alcng the southerly line of land new or formarly of Barker. _ - . in COllIIon with others RESERVING a right of wayjaleng the easterly portion of the premises ccnveyed herein for ingress and egress from Somd Avenue to the properties abutting the easterly side of said right of way, the right of way being IlDre particularly bounded and descrilJed as follavs: BIQNNING at a point en the n=therly side of Somd Avenue, distant the following two (2) =urses and distances from the =er f=med ~ the intersection of the n=therl me--~'tMe Aven - and the westerly side of $__m._m_~___ 24437 REAL ESTATE APR 1 6 1982 TkAi-bt-u-( 1M SUFFOLK COUNTY . . .ccntinu=d ''''1~li ~. Ul1 I'Al:[ 84 love Lane: (1) South 740 03' 00" West 87.34 feet; (2) South 790 44' 10" West 29.65 feet. From said point of beginning, running thence a100g the northerly side of Sotnd Avenue South 790 44' 10" West 24.07 feet; thence North 140 41' 40" West 183.02 feet; thence North 560 39' 50" East 25.03 feet; thence South 32000' 00" East 61.37 feet; thence South 58006' 40" West 18.81 feet; thence South 140 41' 40" East 128.73 feet to the point or place of BEGINNING. Except for the Right-of-Way hereinbefore reserved, the party of the first part does hereby release, abandon and surrender unto the party of the second part any and all easements and rights-of-way in and over the premises hereby con- veyed. I , . II . . q-t (';;l..l CA~' 85 _ "1..~'v , ~L TOGETHER with all right, title and interest, if any, of the party ~f 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 HOU> 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: /~rnq:~ ... ~UB~j fiti,[ 86 STAft OP 11_ YOB, COUIlTY OP SUFFClLK sa: On it.., 31st clay of Marm 19 82 , before me personally came BRUCE A. NORRIS to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~dd ./' notary public ABIGAIL A. WICKHAM Notary Puhfi1:', St;;'!";!) I")f New York- No. :)2-4.',).:,2871 OuaHfinG in S~AC;Jtk Countv C'X_? Cllr'r'mi::;sicn EXj:,irai:; March 30, '19~~ STAn O' 11_ YOIII, COUIlTY OP On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. "rgaln anb fNle .erb WITH COHN^NT-t\y^~N~^NT~R'S ACTS TITlI! No. a;;? ..s '^ CT'7 rr.) BRUCE A. NORRIS TO 'lliE TI:WN OF SOU'lliOLD STANDARD FORM OF lIlW Y",.... -..- -- - -.- Recorded By: IPIIfETITLE INSURANCE Company of New York 127 W. Main Street . Riverhelld. N. Y nllOl Return:to: Hec-;t STAft OP 11_ YOB, COUIlTY OP II' On the day of personaI1y came 19 , before me to me known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that ..: STATE O' NEW YORK, COUNTY O' ..: 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 TAX BILLING ADDRESS .....r .,- RETURN BY MAIL TO: - KlBERT TASKER, ESQ. 425 Main Street Greenpart, NY 11944 Zip No. ~ u :l: ~ 0 11') .. ..-! z is 0 .. N 0 III .. ~ 0 w .. ::> .. 0 ~ ~ ~ ... .. .. ;: 0- w > .. w .. w . .. j..l.Hf10.) .~1'}:",j', .. li ~ l.:i ~ I'! 'iOliJ.J T \IritiS ~;'J -,a, nl 2,\1 6 S\ il.l~ ,..- .- .._" "" . 1I5l:aHQOmr ~ ~- ..;; , , , ' TELHHONE (516) 477-1400 ROBERT W. TASKER Town Attorney 425 MAIN ST. GREENPORT, L.l., NEW YORK [[944 April 29. 1982 Hon. Judith T. Terry Town Clerk Town of Southold Main Road Southold. New York 11971 Re: Norris w ITown of Southold Parking Lot at Mattituck Dear Judy: As you know. the Town took title to the above property on April 12. 1982. and relative thereto. I enclose herewith the following: 1. U. S. Life Title Insurance Policy No. 82-52-38963 with endorsement attached which insures title to the premises in question in the amount of $85.000.00. The endorsement amends paragraphs 7 and 11 of Schedule B and the description in Schedule A. 2. Deed dated March 31. 1982 from Bruce A. Norris to the Town of Southold which deed was recorded in the Suffolk County Clerk's Office on April 16. 1982. in Liber 9169 of deeds at page 83. 3. Survey map of the premises prepared by Young & Young and guaranteed to U. S. Life Title dated March 8. 1982. and revised April 13. 1982. 4. Easement Agreement dated April 9. 1982 between The North Fork Bank & Trust Company and the Town of Southold. which agreement was recorded in the Suffolk County Clerk's Office on April 16. 1982 in Liber 9169 of deeds at page 61. Under this Easement Agreement. the bank released all of its easements and right-of-ways across the property in exchange for grants of new easements by the Town which are described in Schedules A. Band C. Under paragraph 3 of the agreement. the Town is to improve the premises within one year. ~ ,~ Hon. Judith T. Terry -2- April 29, 1982 5. Easement Agreement dated April 7, 1982, between Robert Barker and the Town of Southold, which agreement was recorded in the Suffolk County Clerk's Office on April 16, 1982, in Liber 9169 of deeds at page 68. Under this Easement Agreement, Barker releases his right-of-way in exchange for the right-of-way from the rear of his premises southerly to Sound A venue which is described in Schedule B. 6. Lease Agreement dated April 12, 1982 between the North Fork Bank and the Town of Southold, which agreement was recorded in the Suffolk County Clerk's Office on April 16, 1982 in Liber 9169 at page 55. Under this agreement, the bank leases to the Town of Southold a strip of land extending southerly from Pike Street to the Town parking field for a term of ten years, which term will automatically be extended from year to year unless either party desires to terminate. The rental is $1. 00 per year. Upon the ter- mination of the lease or any extension thereof, the bank agrees to grant the Town an easement either to Pike Street or Westphalia A venue. Under the Lease, the bank agrees to make a payment of $10, 000.00 to the Town for the improvement of the parking field. As indicated above, the Town of Southold has obligated itself to build and main- tain a parking field within one year. This obligation should not be overlooked. In order that I may have a record for my files, will you please acknowledge receipt of the above documents by signing and returning a copy of this letter enclosed for that purpose. Yours very truly, 6k~ ROBERT W. TASKER RWT:aa encs. u.."lIFE TITLE INSURANCE Company of New York ~ ~ YEARS OF . ~J SERVICE --=' ---~-'-- Endorsement Attached to and made a part of USLlFE TITLE INSURANCE Company of New York THE TOWN OF SOUTHOLD No. 82-52-38963 Said policy is hereby amended as follows: SURVEY by Young and Young, dated 3/8/82, revised 4/13/8; shows a frame garage; 10 foot wide pedestrian Right of Way along the southerly line of land now or formerly of Robert S. Barker. LEASE AGREEMENT in L. 9169 p. ~ recorded 4/16/82. See corrected Description attached. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. Signed and sealed this 31st day of March ,19 82 By ?~~7 , Attest: J~ d a..v-.~) Secretary Countersigned ;r~ 1L~1~' A~nt Nat. 4 (9/79) ,.."",=~..",.,_",.."_..~.."...~~... .'''_''~"_.__~_'''''''''''''~''"'_''''C~~~'- _'__'''",_~~ . .---~_._~. --~"~-"'-=,.......,r~ . . t, ~ -f~ep'orl 13-5 (i )i30) SCHEDL:_:: /-\ (DescripticnJ ALL that certain plot. piece or parcel of land, with the:L'llildings and improvements thereon erected, situate, IVing and being D_t r\lati:~Lt.llCk, in Lhc 'l'C\dl ofSouth,:)ld, Count:~r of Su-EJ::'olk and State of ~Jcw York, being more)'::~1.-tici.ll(l_r1y bounded Cln.;. d0scribed as follows: BEGINNIN:._; at a poin-L: on ::hc: ~1or':':rJ.('~rly sic1G of Sound Avenue distant the folloHinq two (2) COUl_-30S fronl .the corner formed by the inter- sect:.ion o:t- the nort.hcr1v side of Sound Avenue with the ~^"Tes'terly side of Love Lane; (1) South 140 03' JO" \\8St, '87.34 fcc,t'; (2) South 79" 44' 10" West, 29. G5 fCl,t; i:'L'om said point of beginning running L1ence South 790 44' 10" "lest still along thq:, north6'ccly side of Sound Avenu8, 70.35 feeL; t.:.hc?;~lce SOLli:h 750 261 Sound AVGnu~, 158.70 Espiscopal Church; l(;rl '>;C:3~C. st.ill alori.<;; the northerly sic.'~ .of fec't tG land nO\\l or formerly of l'''1att.:.cuck then,ce Korth 140 09' 3011 \'Jc:~)t etlol1(r' the last rnention~G land, 149.50 fee t to lund now or forl1l2rly 0 f The Nortr: Fork Ban~ '& 'rrust Co.; ~hence the following four mcn donce1 land: (l) Nortll 32'" GO' 00" E'ast, 30 feec,; (4) North 5Go 39' 50" E&sl:, (4) caurS8S and distances along the last Glo 221 1011 Eost, 60.37 feet; (2) Sou.th (3) North GOo 41)' 40" East, 29.47 feet; 13::.40 feet to land now ,or forme::-ly of Barke:;: thence SOUU1 320 00' 00" East "do,",! the las't mention(;u land and other land of the party of the firs't PQrt, 61.37 fee't; rU'111..ing tl1cnce along at,her lanJ::Jf t~1C ~Ja.rty o~': th8 ,first P2":--C the- fol1oTNirig "I:::WO (2) CO'Jrsc.s Cl,:1d distances: (1) South 580 D6', 40" \\iCS~_-" 18.81 feet to a monument, thence (2) Sou,th 14,0 411 [~GI: East, 128.73 feet to the point or p1,Clee of BEGINNING. Tou"ther with a ten foot right 0:: way for ped,"strian use on"y for ingress -~l:1Cl egress t.O L()\f~::~ 1-,a.fj2-', runninq alonq toile 808t,}-.eriy JinE of land no..: or fC;::--I['~erly :,jf i..:'u:L't:Cl', as sho\'jn ,on survd? 0:;' Younr:: c:.nd Young, dated March 8, 1982, as revised on 4/13/82. fOR INFORMATiON ON~ y, DISTRICT LOGO S~CTIOl\J ,1 : ' (J<) i3LOCI<. 01.. O() LO~ pIG 028.000 .L~__ <~5t~ 1l.E-i.IFE TITLE INSURANCE Company of NewY6,.k Policy of Title Insurance IN CONSIDERATION OF the payment of its charges for the exanination of title and its premium for insurance, insures the within named insured agains': alll055 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 in:iUred shall sustain by reason of any defect or defects of title affecting the premises desGribed in Schedule A or affecting the interest of the insured therein as herein set forth, 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 atthedate hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by rea::lOn 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 ofthis 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. ~ Pftlsidtmt Attest: 0~6~ S8Cftlt_ry a A~ Ll~ JAJ v.lid,'lng Dfficor or AgonY /f Name of Insured THE TOWN OF SOUTHOLD Policy No. 82-52-38963 Amount of Insurance $85,000.00 The estate or interest insured by this policy is A FEE SIMPLE vested in the insured by means of Date of Issue 3/31/82 DEE D recorded 4/16/82 in L. 9169 p. 83. 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 protectionl 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 lines of the premises, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. 7. SURVEY by Young and young, dated 3/8/82, revised garage; 10 foot wide Right of Way/over northeast 4/13/82,shows a frame f . \ corner 0 prem1ses. 8. RIGHTS Of tenants or persons in possession, if any. 9. POSSIBLE unpaid water charges. 10. SUBJECT to Right of Way reserved in Deed of 3/31/82 by Grantor Bruce A. Norris; subject to Rights of Way granted to The North Fork Bank & Trust Co. by the Town of Southold by Agreement dated 4/9/82 and recorded 4/16/82 and subject to a right of way granted to Robert Barker by Agreement dated 4/7/82 and recorded 4/16/82. ... .~- ? II. 12. . . LEASE AGREEMENT in L. 9169 p. 83 recorded 4/16/82. EASEMENT AGREEMENTS in L. 9169 p. 61 and L. 9169 p. 68, recorded 4/16/82. 13. 1981/82 Town, County and School tax - 2nd half. , h eport 1J-S (10 3Jl SCHEDULE A (Descripion) ALL Tha:: certain plot. piece or parcel of land, with the buildings and improvements thereon er~\~kll, situ~-;>, :Vii1g and being at ~1attituck, in the To\',n of Southold, County (jf ~)u_::lol.k i:1Ld State of N(~w York, being more particularly bounded and dcsc:il-:'2d as fo-,-lcws: BEGI,;NING at a point on Lhe northerly side of Sound Avco:1ue distant the follm.ling two (2) courses from the corner formed by L~e inter- section of the northerly side of Sound Avenue with the '''o3terly side of Love Lane; (1) South 740 03' 00" West, 87.34 feet; (2) South 79044' 10" West, 29.65 feet; from said point of beqinning runni ng thc:>!1ce South 790 441 10 I! '\i\Test sti"11 along the nc "_-therly side of SOund Avenue, 70.35 feet; thl2nce SOIJ.i:l1 750 :;>~ I SOUIld AVe11UG, 158.70 Espiscopal Church; 1011 l..fest sL.:j.11 alonq tl1e nor~he:::.-l~r .;:"GC feet tc land now or formerly of Mat~~tucx = thence Noeth 140 09' 3011 \'vest alc::l.q the last mentioned Id:1d., :'.-49.50 feet co land now or formerly of The North Fork Bank & Tru3t Co.; thence the followinq four (4) courses and distances along the last mentioned land: (1) North 610 22' 10" East, 60.37 feet; (2) South 320 OCl' 00" East, 30 feet.; (3) North 60040' 40" East, 29.47 feet; (4) "orth 560 39' 50" East, 138.40 feet to land now or former.Ly cf B"rker, thence ScuLh 320 00' 00" East along the last mentioned land and other land of the party of t.he first part, 61.37 feet; running tlh;Dce along other land of the party of the f i:CSL part the follm:,nq two (2) courses and distances: (1) South 580 06' 40" Hest, 18.81 =eet to a monument, thence (2) South 140 41' ~O" S;c~t, 128.73 feet to the point or place of BEGINNING. Together wilh a ten foot right of way for pedes1:.cian use only for ingress a:-ld egress to Love Lane, running 010ne; the ;:;ct~tl'~':::-ly ._i~~2 or land Ij(~,\, OL- formerli' of I';ark.c,", .~s s;"J.vwn O~. :,;,',urvey l' .rCj1.ing and Young, d~\_ed March 8, 19:~'~. FOR INFORMATION ONLY: DISTRICT 1(1"0 SECTION 141.00 BLOCK 0 4 . Cl 0 LOT PIG 020.000 . ~ Conditions of this Policy 1. Deftn;dons (sl Wherever the term "insured" is used in this policy it includes those who succeed to the interest of the insured by operation of taw 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 the conditions of this policy it also includes the attorneys and agents of the "insured," (bl 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 ScheduleA of this policy including such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which property insured herein lies. 2. Defense and Pro.ecution of Suits (a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim oHitle 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 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. 3. ea... Wh.r. 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. (bl 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 forthe benefit of the insured pursuant to the judgment or order of a court and the title has been rejected because of a defector 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 subject to 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 because of a defect or incumbrance not excepted in this policy If) 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. (gl 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 underthis policy (1) if this company, after having received notice of an alleged defect or incumbrance, removes such defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. 4. Notfce of Claim In case a purchaser I)r proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shalt come to the insured of any claim adverseto the title insu red hereby, or in case of the service on or receipt by the insu red 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 andforwardtothis 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 (a) Thiscompanywill pay, in addition tothe loss, all statutory costs and allowances imposed on the insured in litigation carried on by this companyforthe insured under the terms of this policy. This company shall not be liable for and will not pay the fees of any counselor attorney employed by the insured. (b) In every case where claim is made for loss or damage this company (1) reserves the right to settle. at its own cost, any claim orsuitwhich may involve liability under this policy, or (2) may terminate its liability hereunder by paying or tendering the full amountofthis policy, or(3) may, without conceding liability, demand a valuation of the insured estate or interest, to be made by three arbitrators or any two of them. one to be chosen by the insured and one by this company, and the two thus chosen selecting an umpire. Such valuation, less the amount of any 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. (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 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. 8. Co-lnsurance 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 extent hereinafter set forth. If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the company as one hundred twenty per centum of the amount of this policy bears to the sum amount of this policy and the amount axpended forthe improvement. The foregoing provisions shall not apply to costs and attorneys' fees incurred by the company in proftlcuting or providing forthe defense of actions or proceedings in behalf of the insurad pursuant to the 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 exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing co.insurance provisions shall not apply to any loss arising outof a lien or incumbrance for a liquidated amount which existed on the date ofthis policy and was not shown in Schedule 0; and provided further, such co-insurance provisions shall not apply to any loss if, atthetime of the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy. (b) If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be computed and settled on a pro rata basis as if th is policy were divided pro rata as to value of said separate, independent parcels exclusive of improvements made subsequent to the date of this policy. (c) Clauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor. (d) If, at the time liability for any loss shall have been fixed pursuant 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 liabletothe insured for a greater proportion of the lossthantheamountthatthis 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 insureror insurers. 7. Assignment of Policy If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enuretothebenefit 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 Underwriters 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 grantees of the insured in certain specific circumstances only. In no circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other 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 (a) This company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to any remaining interest of the insured. (b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or guarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. 9. Misrepresentation Any untrue statement made by the insured, with respect to any material fact or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. 10. No Waiver of Conditions This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. 11. Policy Entlr. 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 issuance of this policy, shall bedeemed to have merged in and be restricted to its terms and conditions. 12. Validation and Modification This policy is valid only when duly signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents. U-"iIFE TITLE INSURANCE Company of New York New Yark State Offices Alb.ny 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 N....u County 170Jericho Turnpike, Floral Park 11001 516354-8500 212347-2010 New York County 125 Maiden Lane, New York 10038 212425-8010 aueens 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 127 W. Main Street, Aiverhead 11901 516727-4140 212962-1445 Westchester County 235 Main Street, White Plains 10601 914948-4040 212824.0404 Policy 21 (1180) N.Y.B.l.U. Form No. 1000 I ifr<> 11f!. o't.tJ~ ~.~ ":, . , I [.>11 - I ~ .,'/-" .,,,, I .lV- i-' . .... . q(( 5'16" ,/ 'ib : .~ li'" ;;.1 Itj,-, <7 '") \ . . . fl~ 'SO> - ,,3 8:7'" S 1'~' " . '6S u~~9 Uv, f~~,t . . . . LEASE AGREEMENT AGREEMENT made this//~ day of April, 1982, c between NORTH FORK BANK & TRUST CO., a New York banking ~ corporation with principal place of business at 245 Love ~ ~ t Lane, Mattituck, New York 11952, and The Town of Southold, a municipal corporation with office and principal place of \ ~ business at 53095 Main Road, Southold, New York 11971. 1. J The Bank leases to the Town for a public Lease: , .... ...... 0< .L parking facility that parcel of real property at Mattituck, Town of Southold, Suffolk County, New York, described as t r:. r. follows: bounded North by pike Street, West by Westphalia Avenue, South by the Protestant Episcopal Church and The Town of Southcld, East by Langer and the extension southerly of such line. \ F=: ~ 2. Term: The Lease shall commence April 13, 1982, f' ~ (' .. and run for a period of ten (10) years. I ~ t, 1: Thereafter, the the lease shall be automatically extended year to year unless either party delivers written notice of cancellation , sixty (60) days prior to the termination of the then current term. r r 3 . The Town shall pay to the Bank the sum Rent: of $1.00 per year in advance for each year of the lease. 4 . , t Improvements: The Town shall, at its own cost . and expense, improve the leased premises in substantially the design indicated on .preliminary sketch - Mattituck . \ J c Parking Areall prepared by Young & Young, Land Surveyors, ~ . . L!P~~ 9189 t!.~E 56 dated January 5, 1982, Rev 1, February 8, 1982, except that the driveway across the southern-most portion of the leased premises shall be one-way only toward Love Lanea Adequate paving and drainage shall be installed by the Town. Such improvements are to be completed within One (1) year from the date of this Agreement. The improvements shall progress to afford uninterrupted and unobstructed access to the Bankls drive-in facilities from Pike Street. The portion of the premises denoted on the sketch as "4 cars - Bank employees only" shall be reserved for bank employee parking only. At the expiration of the Lease term or any extension or renewal thereof, all improvements shall become the property of the Bank and the Town shall not be entitled to any compensation therefor, except as set forth herein. 5 . Easement Agreement: The,parties are executing I an easement agreement simultaneously herewith. The obligations of the Town contained therein are incorporated by reference herein. The improvements on the leased parcel and the parcel to be acquired by the Town as described in the Easement Agreement shall be made such that the ingress and egress over the leased parcel shall meet and correspond with the westerly aisle and the Bank's right-of-way over the parcel to be acquired. 6. Reservation of Access: North Fork Bank & Trust Co. hereby reserves the right to ingress and egress over the leased parcel from Pike Street to its property, -2- , , . . Ii' . I m U~.~ 916tl. "kI . . such access to be (a) over a 24 I aisle substantially as shown on the sketch from Pike Street to land of the Town and (b) from the easterly end of the right of way described in Schedule C of the Easement Agreement over the southerly portion of the leased premises to land of the Bank, substantial y as shown on the sketch, the latter to be reserved exclusively for the use of the Bank. 7 . Bank Contribution: The Bank shall contribute the sum of $10,000.00 toward the improvements required to be made. The Town shall be solely responsible for maintenance and repair. 8. Parking: Bank employees shall have the free and unrestricted right to park in the town parking lots covered by this term and the town lot to be terminated to the south of the bank during Bank business hours, during the term of , this lease or any renewal or extension thereof. 9. Easement on "Termination of Lease: Upon the termination of this Lease or any extension or renewals thereof, the Bank shall grant to the Town a non-exclusive 24' easement for ingress and egress over the leased premises from the northerly end of the westerly aisle of the Town's parking area on the parcel to be acquired by the Town to the south of the leased premises to either Westphalia Avenue or Pike Street, such location to be solely within the discretion of the Bank. This provision shall survive the termination of the Lease and be forever binding on the parties. 10. Pike Street Parking Lot: It is understood that ._j- ~, -0 .- . . -, U:;~ 9169 lACE ~ the Bank intends to convert the former Levine Building on Pike Street to office space. In the event additional off- street parking is required by the Planning Board in connection with its site plan approval, the Town agrees to release and terminate its lease of the parking area bounded North by Long Island Railroad, East by Love Lane, South by Pike Street and West by Westphalia Avenue upon 30days prior written request of the Bank. II. Use of remises, Assi nment, Miscellaneous: dur~ng t e term ereo I an ex enS10n or renewa 5 thereof, The Town shall at all times/maintain the premises as a public parking facility. The Lease may not be assigned or sublet without the written p mission of the Bank. This Agreement may be modified only by a signed writing and shall be construed in accordance with the laws of New York. This agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement this ~ day of April, 1982. /rOX I , (' ( (r THE NORTH FORK \ o BANK & TRUST CO. By: !y THE TOWN .OF SOUTHOLD / ~ ~ J/?..PM 7T/ ,[ " By: '" STATE OF NEW YORK) ) COUNTY OF SUFFOLK) 55. : appeared On the lAth day -vbN/J /fV)hn of April, K/llU7lS 1982, before me personally to me known -4- . . , i['~ I '\ .' , . . . c':;;:.91IQU -=9 - CQ 'r,SE u who, being duly sworn, did depose and say that he resides at /?c.> # 63__t4~ ~~d~ /J7"".itd:t.{,L I /l/Y. that he is the ~~k.cI.:: of The North Fork Bank & Trust Co., one of the Corporations 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 waa so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. / ss. ABIGAIL A. WlClCHAM ~ ........ ... of New Yorlc No. IZ-4M2871 . 8uffo!lc County Commission ExpINa Marah 30. 1 ri:5PS STATE OF NEW YORK) ) COUNTY 'OF SUFFOLK) /9 On the ~th day of April, 1982, before me ,personally came t:~"///ah1 ~ ;::>~U .J}2 to me known, who, being by me duly sworn, did depose and say that he resides at 530 ;:1"""'7/0' "&"",,,q:; ~~~"'-/"r-~/V'Y that he is the St;.7?i."'~V"';<'fl. of the Town of Southold, one of the corporations 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 corporation, and that he si9ned his name thereto by like order. NO~~'~~ ROBERT W. iASKER l;ClARY PUBLIC. Silt' 01 New York No, 52-3933725, Suffolk County I ler", Expires March 30, 1983 -5- . " ", J''t,.-\' '-'.';- ;',.' ~ " ,\ . I -. ,.'" t\ z t, " .; ~ ...., .; ;'" >' ,- >i J:..-'. fC'~ ~'~. " " " e <;p LU L~ ... ... t CT.) CO , -t .. 1; OJ ,'5 "" ---j 2008 HoaTH FORE BANK , TRUST CO. -wtth- '" = - w >- '" t- - Z -l,). ::::;. W:::.O ~:ot.::"~ -'t::-:~ r....~.....J 3~o =OL.:-_ t-. ~- r..;: :-.:J 'l'lIE TOWN OF SOti'l'I10LD C" :r en u:> · AGREEMIUI'1' * Ci: c::: 9, llUl2 Esq. " \ i\\" ~ n -' '1. ~~~~9. ,,;f.\c.\ ;.c. ,.. ~ 'Ss. ~~ :t...:t. '" '""liE ~"'~':P ..~ ~ rn i ~ '3 '?