HomeMy WebLinkAboutDemarest, H M & Sons (2)
.
ROBERT W. TASKER
Town Attorney
TELEPHONE
(516) 477-1400
RECEIVED
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
APr.. 2 1984
March 27, 1984
Town Cletk Sout",,!~
Hon. Judith T. Terry
Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re: Town of Southold w /Demarest
Boat Ramp at Narrow River Road
Relative to the above, enclosed herewith are the following:
1. Deed dated February 16, 1984 from H. M. Demarest & Sons to
the Town of Southold which deed has been recorded in the
Suffolk County Clerk's Office on February 23, 1984 in Liber
9516 of deed s at page 521.
2. U. S. Life Title Insurance Policy No. 83-52-44308.
In order that I may have a record of your receipt of the above for
my file, will you please sign a copy of this letter which I have
enclosed for that purpose and return same to me.
Yours very truly,
RO~TASKER
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Dist.
1000
Sec.
027.00
BIR.
02.00
Lot
006.000
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-&~in and Sale Deed. With Covenam. againl! Gramm's A.."-Individual ur COlpU'''[;"n 'sin~]e ~heet)
CO~'SULT YOUR UWYER IEFORE SI.NIN. THIS INSTRUMENT .THIS INSTRUMENT SHOULD IE USED BY LAWYERS ONLY
THIS INDENWRE, made the / ft; {4 day of fE 8 Rt/ /1(2.'1. ,nineteen hundred and eighty-four
BE1WEEN H. M. DEmarest & Sons, a co-partnersh(p, having its principal place
of business at Orient, Town of Southold, Suffolk County, New York.
"," .
pat t:' of the first part, and .
Town pf Southold, a J:j1Illl!lj)cipal corporation with office and
principal place of business at 53095 Main Road, Southold, New Ybrk
party of the second part,
'WIT'NESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration
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 ~ at Orient, Town orSouthold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a point on the southeasterly side of Narrow River Road where the
nor:heasterly line of land of Gee. L. Edwards Est. intersects the southeasterly
sid,~ of Narrow River Road and which said point of beginning is 1506.30 feet
nor:heasterly fran Orchard St., and fran said point of beginning.
RUNNING THENCE along the southeasterly side of Narrow River Road North
360 54' 40" East, 359.17 feet to land of John Tuthill;
THENCE along said land South 360 09' 30" East, 100.0 feet to the ordinary
high water mark of Hallock's Bay;
THENCE generally southerly along said ordinary high water mark 460 feet IIDre
or :_ess to land of Gee L. Edwards Est. (said point is a tie line course and
dis1:ance of South 1 r 37' 00" West, 430.77 feet fran land of John Tuthill);
'I'HENCE along said land of Edwards Est. North 35015' 40" West, 250 feet to the
point or place of BEGINNING.
BEING AND INI'ENDED TO BE the same prEmises conveyed to the parties of the
first part by deed made by Harrison M. DEmarest & Sons, Co-partners, dated
2/16/72, recorded in the Suffolk County Clerk's office, 4/6/72, Liber 7136,
p. 425.
'T'03ETHER WITH all the right, title and interest, if any, of
Ft,n3t part in and to the waters and lands under the waters
,
adjacent to the above described prEmises. I
$
R[f:;
the party, of tl1e
k' s Bay
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FEB 231984
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SUFFOl /\ \
COUNTY I
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the centt'r 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 premist"s herein granted unto the party of tht' second part, the ht'irs or sUl,::cessors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
iI.ND the:- party of the first part, in compliance with Section 13 of the Lien Law, covenants that rhe 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 fo"r
any other purpose.
The word "party" shall be construed as if it read Hparties" whenever the sense oi this indentpre 'So requires.
I N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
I.\l PRESENCE OF: _,~
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' Louis M. DEmarest co--partner
/?/ J)tWMk"'" /JJr f)/~OALA)--\'
Harrison DEmarest, Jr. co-~er
15/ j~fl.IL(F~
Robert T. DEmarest co-partner
----.--.---..-------.
LlBER9516 1'ACE '522
STATE O' NEW YOlK, COUNTY O. SUFFOLK II:
On the Ie. fA day of fflfUl'lfLl 1984, before me
personallv came Ha' ""'""''' t J nobert
- rrJ.son .LJI::J.lta.res, r.,.r\!
T. Demarest and Louis M. Demarest
to ll1e known to b{' th individual described in and who
executed the forcg(' instrument, and acknowledged that
they executed same.
IAMllel ... G '" _Yaoll
NOTARY MUC, In SuIIIIlkJ1lt,../
~:~~t=- Me"'" 30. tlry
STATE OF NEW YOlK. COUNTY O.
On the day of 19 . before me
pt'r-"onally came
to me known, who, being by mt' duly sworn, did depose and
say that he resides at No.
that
of
lw is the
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument i~ such corporate s('al; 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.
inrgniu null "n11' 11'1'11
WITH COVENANT AGAINST GRANTOR'S ACTS
TITLE NO.
Harrison Demarest Jr. et a1
TO
Town of Southo1d
II STANDARD FDRM OF NEW YORllllllADn nr r.~' p ...-----
Recorded By:
ll-"i.IFE TITLE INSURANCE
Company of New York
127 W. Main Street
Riverhead, N. Y. 11901
d
Hac-;.! .
Return to:
II
II
Iun O. NIW YOII. COUNTY 0'
On the day of
personally came
II:
19 . before me
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
IS:
lUTE O. NIW YOU. COUNTY O.
IS:
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
oescribed 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 Southo1d
R.ecorded at Requelt of
CHICAGO TITLE INSURANCE COMPANY
R.etum by Wail to
Robert W. Tasker, Esg.
P.O. Box 10
Greenport, N.Y. 11944
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r.r:.:iIFE TI~=~~NSURAi\iC~_CompanYOf ~eWY:~~
Policy of
Title Irlsurance
IN CONSIDEIRATION OF the payment of its charges for the exa ni
premium for insurance, insures the within named insured again: t.
exceeding the amount of insurance stated herein and in additior tl"',
of defending the title, estate or interest insured, which the if Sl
reason of any defect or defects ottitle affecting the premises del cr
affecting the interest of the insured therein as herein set for h,
marketability of the title of the insured to or in the premises, t lr
incumbrances affecting title at the date hereof, or by reason of ar y ~
or material furnished prior to the date hereof which has nav r ~
hereafter gain priority overthe interest insured hereby, or by ra IS'
and from the premises, excepting all loss and damage by rE
interests, defects, objections, liens, incumbrances and otht!r
Schedule 8, or by the conditions of this policy hereby incorporat 3d
loss and the amount to be ascertained in the manner provided i 1 ~
be payable upon compliance by the insured with the stipulation:; c
not otherwise.
IN WITNESS WHEREOF, USLlFE TITLE Insurance Company of ~ e.
policy to be signed and sealed on its date of issue set forth h m
~7p7
-- .- ---.-
President
-
~~/ ,~~
ATTEST: Secretary /
J). w~ Lr
Valid~er or Agen~
on of titll~ arli it,
ssordamagE net
sts and expu S:1:;
shall susta f I) I
I in SchedulE' \ ( r
by reason cf ur-
eason of liel; (r
tory lien for; be r
:tdorwbich n;lv
f lack of ClCCf!~ s t J
, of ":he as:. tll~;,
ters :,et fort I i 1
IthisGontract 118
conditions ar d t:l
d condition~;, a,:I
,rk has causee tl1 s
r
Name of Insured
TOWN OF SOUTHOLD
Policy No.
83-52-44308
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
2/16/84
DEE D recorded 2/23/84 in L. 9516 p. 521.
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. Titteto 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 orwaterways,
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 Roderick Van Tuyl, dated 1/19/84 shows premises as vacant land;
no encroachments or variations. Company excepts any changes made since
1/19/84.
8.
RIPARIAN rights and easements of others over Hallocks Bay.
not insure such rights in favor of the owner.
Company does
9. NO title is insured to any part of the premises lying below the present or
former high water lined Hallocks Bay.
10. RIGHT of any governmental authority to change the harbor, bulkhead and pier
head lines without compensation to the owner.
11. 1983/84 Town, County and School tax - 2nd half.
r---- ..
- RepOTt 13-:'; (10/80)
SCHEDULE A (Description)
Amended
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying
and being at Orient, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the southeasterly side of Narrow River Road
where the northeasterly line of land of Geo. L. Edwards Est. intersects
the southeasterly side of Narrow River Road and which said point of
beginning is 1506.30 feet northeasterly from Orchard St., and from
said point of beginning;
RUNNING THENCE along the southeasterly side of Narrow River Road
North 36" 54' 40" East, 359.17 feet to land of John Tuthill;
THENCE along said land South 360 09' 30" East, 100.0 feet to the
ordinary high water mark of Hallock's Bav;
THENCE generally southerlv along said ordinary high water mark
460 feet more or less to land of Geo. L. Edwards Est. (said point
is a tie line course and distance of South 170 37' 00" West,
430.77 feet from land of John Tuthill);
THENCE along said land of Edwards Est. North 350 15' 40" West,
250.0 feet to the point or place of BEGINNING.
FOR INFORMATION ONLY:
DISTRICT 1000
SECTION
027.00
BLOCK 02.00
LOT
006.000
~
,
."
,
Conditions
of this Policy
1. Definitions
(a) Wherever the term "insured" is used in this policy it includes those whosucceedtothe interestofthe 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 the conditionsofthis policy it also includes the attorneys and
agents of the "insured."
(b) Wherever the term "this company" is used in this policy it means USlIFE TlTLE 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.
(e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which
property insured herein lies.
2. Defense and Prosecution of Suits
(a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or 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 shalt secure to it the right and opportunity to maintain or defend
the action or proceeding, and all appeals from any determination therein, and give itall reasonable aid therein, and hereby permits itto 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.e. Where Liability Art.e.
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, orwhere 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 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 subject to a prior lien or incumbrance not excepted in this policy; or where a recording office has refused to acceptfromthe
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
(f) Where the insured shall have transferred the title insured by an instrument containing covenants in regard to title or warranty thereof and there shall have been a final
determination on any of such covenants or warranty, against the insured, because of a defect or 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 notentitled to afull award
for the estate or interest taken because of a defect or incumbrance not excepted in this policy.
No claim for damages shall a rise or be maintainable under th is 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 orsuitwithoutthe written
consent of this company.
4, Notice of Claim
In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the
insured of any claim adversetothetitle insured hereby, or in case ofthe service on or receipt by the insured of any paper, orofany notice, summons, process or pleading
in any action or proceeding, the object or effect of which shall or may be to impugn, attack or call in question the validity of the title hereby insured, the insured shall
promptly notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving
this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced
and cannot in the future prejudice this company.
5. Payment of Loss
(a) Thiscompanywill pay, in addition to the 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.
(bl 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 orsuit which may involve liability under
this policy, or (2) may terminate its liability hereunder by paying ortendering the full amountofthis policy, or(3) may, without conceding liability, demand a valuation of
the insured e,.tate 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 forthe 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.
6. Co-lnsurance end Apportionment
(al 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 expended forthe improvement. The
foregoing provisions shall not apply to costs and attorneys' fees incurred by the company in prosecuting or providing forthe defense of actions or proceedings in behalf
of the insured pursuant to the terms of this policy orto 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 out of a lien or incumbrance for a liquidated amount which existed on
the date ofthis policy and was not shown in Schedule B; and provided further, such co--insurance provisions shall not apply to any loss if, atthe time oftheoccurrence 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.
lbllfthe 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 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 loss than thea mount that this policy bearstothe 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 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 Titls 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 tog ran tees 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.
(bl 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 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 issuance of this policy, shall be deemed to have merged in and be restricted to its terms
and conditions.
12. Validation and Modification
This policy is valid onlywhen 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 York State Offices
Nassau County
170 Jericho Turnpike, Floral Park 11001
516354-8500 212347-2010
New York County
125 Maiden Lane, New York 10038
2127096400
Queens County
90.15 Sutphin Boulevard, Jamaica 11435
212 7394001
Rockland County
20 South Main Street, New City 10956
914634-3612 212292.1528
Suffolk County
127 W. Main Street, Riverhead 11901
516727-4140 212962-1445
Westchester County
235 Main Street, White Plains 10601
914948-4040 212824-0404
Albany County
90 State Street, Albany 12207
518472-9161
Policy 21 (8183)
N.Y.B.T.U. Form No. 1000