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HomeMy WebLinkAboutKowlaski, Robert & Karen - ~ ~ ~ a S-IcNy33~ WC42 Sandud N. Y.B. T. fl. Form /eo> Bupin and Sak Deed. with Covmaot apimt Graotw'a Aca-Individual or Cor ~ pwnioo. CONf11LT YOYR LA1NYlR ~BO11E SIGNING »Ilf M1fTtiYMBA-TNIS Ni~TGUMRI? fNOIRO N Yf[D ~Y uwlnlls aar. r~s' 1122f>P~29p l~ T~'f~ ~~!'R1RE, made the 28th ~y of February nineteen hundred and ninety-one ~1~ ROBWALSKI and KAREN KOWALSKI, his wife, both residing at 565 Pine Neck Road, Southold, N.Y. 11971 1`e3:~:b party of the first part, and TOWN OF SOUTHOLD, a legally constituted township located within the State of New York, County of Suffolk, having its principal office at 53049 Main Road, Southold, N.Y. 11971 ~ ~ party of the second part, ~.eeOjeo W117~SE'!'H, that the party of the first part, in consideration of --------------------------------TEN ~$10.00)---------------------------° bL:7# a' - dollars, {e'+wee`~•~J lawful money of the United States, DISTRICT Ind 1000 by the party of the second part, does hereby grant and release unto theparty of the second part, the heirs or SECTION tuaxssors and assigns of the party of the second part forever, 061.00 AI3. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, BLOCK 01.00 IYInB and being 3i~'>m@C at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: LOT 002.002 BEGINNING at a point on the southerly side of Traveler Street distant 156.88 feet easterly from the corner formed by the intersection of the southerly side of Traveler Street with the easterly side of Hortons Lane; RUNNING THENCE along the southerly side of Traveler Street North 58 degrees 15 minutes 50 seconds East 160.35 feet to land now or formerly of the Town of Southold; RUNNING THENCE along said land South 29 degrees 30 minutes 10 seconds East 124.11 feet to land now or formerly of Stankevich; RUNNING THENCE along said land South 58 degrees 13 minutes 30 seconds West 155.52 feet to land now or formerly of Academy Printing Services, Inc.; RUNNING THENCE North 31 degrees 44 minutes 10 seconds West along last mentioned land 124.13 feet to the southerly side of Traveler Street at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to Robert Kowalski and ~ Karen Kowalski by deed dated 10-3-86 and recorded 11-5-86 in Liber 10161 page 305. $ REC ED REAL ESTATE 1~`32fi ' b MAR 4 i~19~ ~ ~ TRANSFER TAX SUFFOLK OUNTY 11226PG291 • ~ TOGET1~lER with all right, title and interest, if any, of the party of the first part in and to any stints and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the esta~~4w~rightsi of the party of the first part in and to said premises, ~ +;H TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold 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 iE it read "parties" whenever the sense of this indeMUrc so requires. IN WRNF3S WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRBaRNC$ OD: ' ~12~ L.S. t~obert Kowalsyk/i 11 (ti+ Q~~Q,Li L . S . Karen Kowalski E .t,. s l,S fMTf Of Nrn YOfJt. COUNTY Of SUFFOLK ss: STAY! Of MtW YOlit, C04NTY Of Mt On ~ 28th dy ~ February 19 91 ,before me On the day of 1~ ,before me personalty came ROBERT KOWALSKI and personally came KAREN KOWALSKI, his wife, to nm kaotm to tie the individual s described in and who to me known to be the individual described in and who executed fife f Ding instrument, and arlnwwledged that executed the fo omg instrument, and aclmowledged that they executer same. executed soma No, ry Public NOTfIRY' IM6 1~ fTATf Of tA!IMYONi. 000NfY Of sr. fTAT! Of MfW YOftf, COUNTY Of On the day of 19 ,before me On the day of 19 , lxfore me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he asides at o. say that he resides at No. ; that he is the that he is the of of ,the corporation described ,the corporation described in atRl which executed the foregdilfg instrument; tlut he in and which executed the foregoing. instrument; that he knows the seal of said ~rpsr9ukm; that the a$ixed knows the seal of said. corporation; that the seal affixed to said instrument is such wrpotate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the bond of directors. of said corpora- atiixed by order of t}le board of directors of said corpora- tion, and that he signed h name thereto by 1Bce order. lion, and tFfat he signed h name thereto by like order. i ~8rgttlq gNd jsttle $erD SECTION Y~~ WITH COVENANT AGAINST GRANTOR'S ACl'S BLOCK TtrLa No. S-1t5y~133Y' Lor COUNTY OR TOWN KOWALSKI TO Recorded At Roquest of " TOWN OF 50UTHOLD Fiat American Title Inwnnce (bmpsny or New York - RRTUlN BY MAIL TO: Hotrve, A. r wef-F' ' E rTANDA~n MMM Or N!W rOK ~eA~D O! TlrlE UNDfM'RI/NS 1 Dithibwlyd by /OW\ ~7~tKhA.yy~~ First American Title Insurance Company Tv1~ o'F Sov9f..e(~ of New York S 3 0 9 ~ Ma r ~ ~O~ ~o~J ~..act~ Zip No. II 11I W ~ N ~ ~ ~ ~~jnS ~ ~4~ , ~ ,1~.,;y3-~ is , ~ x, CONDITIONS AND STIPULATIONS (Continued) 11. 14. ARBITRATION It is expreuly uodertlood mat the amoum of insurance under fltis policy eha116e redtrced by soy urrann the Unless prohibited by applkabk hw, etmar the Compry O<•mp insarad ro which ex Cow°Y urY MY underatry poky inaringamortgage demnnd arbitration prauant m the 71tle Imunoce caption is liken iu Stmemrk B « a whkh the insured ho agreed. American Arbitration Aseocitlian. Arbitrable A~r~on Roles of r`- aawmed,«takee subject,«which is htneaflerexecuted by an irurtrcdand which ie ited to,m convoy °~1°rY inemee,btlarcaotl~ aclurye«lienonmeesme«imerctldwcribed«rcferrcdtoinScheduleA,and Y Bray«claimbetween mecaupanyandtheimueedarW[[goofs. Ute amount sopaid shill bedeemed •PaYtrrem tmdermia «rclating m this policy. any s«viee dmeC«npoy iaotrmtlioawhh W h~oaaoe Policyatheimured owur. «me breach ofa policy provision«omer obligation. All trtbltra6le mtltera whao 1 g. ~ the Amount of Insurance is SI,rg0,00p «kxe shill be arbheased tl t!r oppos d eitharthe Compny ortlre imurcd. Allaratrtlle~awhentheAmosatdfenr- ~(a) No pyment a1W1 be made withwt producing mia policy f« endorsement of artce is in exceu of SI,O00,000 shag tie arbitrtled only when agreed b by 6om me pymem tmktlthepdky hasbeen lotl «deetroyed, in which case prodoflass Company and the insured. Arbitratfonpmummdrispoliry+rtdtmderthe Rtdtl io «detlnrctton shall lee fluoislred to the satisfaction d the Company. effect on dre date the demand f« arbitration u made tl the rtpdm dens cowed, the Rules ineffxt tl title ofPolicy shall tie hording trpao theptlsies. Theawrtrdmry (b) When liability anddteextentofloos«damagehasbeendefiniklyfixedk includeattorneys'fewoNyifinelaw~dmetlakmwhkhtheYtllekctled~[omit accordance wim throe Conditi«n and St)pulatione, me lotl «damage Shall be py_ u court to award attorneys' few m . prevailing PattY• ladyoetl ~ the award able withk 30 days tlrereaRer. rendered by the Arbitrtlor(s) may be entered io any evert havieg joridictloa thereof. 18. OR SETTLEMENT The law of the sites dens kud stroll m ao aPWY arbitraioo ender the 7Rk lamr- (a) The CommvL :.kr of a.t..„.m ante Arbitrtlion Ruka. Whenever me Company shW love settled aM paid a skim uMar mis policy. all A copy of Ba Rtdw may be obtained horn the Compay npoa right daubrogatioo slWl vest in the Company twffected by any as of the insured 1 S. LIABILITY fl'Ce *n vase ra.y claimant. rOUCY ENTIRE CIDNTR~tt The Compny shall be aubrogated m and be endtkd m all righn and rcmcdiw mtheclaim had claimatl world luvehad ngeinstany peraen «praperty in respect C (a) Thi; policy togpher with all eadonerttmu, if soy, touched htleb by ~ ckirtuot ahtlltrc«hrmthe been iasttM.Ifregrrested by theCompnY. the insured in~p n ~e°dR Polkry aM caolract btXweea theinured andme Company.ln Ptnperty °euwaary korderm aePattY all rights aM rcmediw againtl any person « vrPt'eti 8 at1Y proviako of mis pokry, this policy shall be coorvoad r a whole. perkath)s rightofwbrogtlion. The irtaurcdclaitrumt (b) Any c4im dlaae«davuge, whdher «oat based ooogBpoe. and whiten shall permit the Compny m sue. contpronux «cevle k the rums of the insured view out otthe stoma o(the title ba the wens «ittbretl covered htaaby «by ary cleirnant and m use the name dthe innrrcd claimam in any transaction «Gtigatioa action asaetting such claim. MaE to rcevkved m q3s invdviog mesa rights «temedies. Po'IkY• (c) No amendrrem d, «ertd«setnem m. mia prtlisy em tie made exmp by a V • pymmt an axwm d a claim dove n« fully cover dre lose of the insured Writing erdoracd hereon «atfachM hereto aigmd by ehlrer m6 Praaidaat, • {Roe eleirnant, me Company atoll be subrogakd m these rights and reroedkx k the President, the Sec portion which the Compny's pyment bears m the whole amount d the loss. Pto- sigtu~' of the Comps ~ y. • «w~ °M0tl «ntlh«Yod iEloee eheuld trout[ from arty act dthe imuted chtimant, u smell above. met act 16. E~1[E~AB~LI~Y stall exa void mia pol)cy, 6m the Compny, in dot evem, shall be lived m oily mat part d any laasw insured againn by mia policy which shall exceed the In the event any provision d the. 1 amount, if soy. loot m me Company by reason of the irrrpairment the insured apl>Vcabk Iaw, the po ~ ° beta 1Oe'alid «emmCoroeaWe under ekdomt d the Company's riglg d eu by polky shall6e deemed rr«m ieclode mat trrovrimaodtll alYtl broStliott• prcrvitiom s1W1 rcnuin in full fora: and effect. (b) The Como.nya p±aM, ru..._:_..,-~~ 1). NQTICES Wk1ERE SENT The Company's right of subrogation agaitut non-insured obhgore shall exist and nIl notice;: rec uire:d [o be given thy; Company and any statement in writing required ~mclude, WoMuthmitation, the riglas ofthe inorrcdbindemnitiw,guarcndw to I:e fiunished the Comparry shall include me number of mis policy end shall be pdkke dirtwrartce «boede, rrawimaranding any terms «conditions am- tatoM m [trees rrranumprta which provide f« subrogaton righu by reason of mis addressed to [he Comparry at its mai;t office a[ Two Park Avenue, New York, New policy. Ym•k 10[116. Phone: (212) 481- 5858,. e~tA'lfATtAYtt.~tA'ft4{tA7tA'it[~tti]CA~GtJet~YtA'Irta~fA~eA'itAl~ietZ]~~~itt~etJCtiiili~i:p7i~]i:ATi'l7itd7eA7et~ et~iY~i:t~ets7ewywrytt~ed7Gb7et~elyetJ~ r.E~ ~ ~ C ~ p ~ .eil.j > y a r~ e~ X t C UI ~ ' a ~ ~ > ~ ~ C~' ~-I o ~ ~ ~ nor ~"s~ ~ ~ ~ ~ p o ~ ~ ti a 4 rn ~ ' _CONDITIONS AND STIPULATIONS (Continued under the terms of [his policy, whether ur nut it shall he liable hereunder. ;uu1 .hull Company is obligated m pay: or not therehy concede Iiabdily or waive any provision of this policy. It the Company (ii) to pay or otherwise settle with the insured claimant the loxs or damage pro- shallexercise its rights under this paragraph, It shell do st diligemly. vided for under lhie policy, together with any costs. atorneys' fees and expenses incurred by the insured claimant which were authorized by. the (cl Whenever the Company shall have brought an action or interposed'a defense Company uptothe time ofpayrncnt and which the Company is obligaredm as reyuind or permilleA by the pnrvisions of thin poliq~, the Company pray pursue _ pay any G«gation to final determination by a court of competent jurisdiction and - expressly reserves the right, in its sole discretion, to appeal from any adverse judg- lJpom the exercise by the Company of either of the options provided for in para- ment nr order. graphs (M(i) or Gi), the Company's obligatitns to the insured under this policy for the claimed loss or damage, otheY than ilia payments required [o be made, shall (d) In all cases where [his'policy permits or aKlulres fhe Company n,pmsecutenr terminate. including any liability or obligation to defend, prosecute or continue any provide for the defense of any action ur pnxeetlmg. [he insured shall secure to the ~ litigation. Company the right m so prosecute or provide defense in the action or pmeeeding, and all appeals therein, and permit the Company to use. at its option. the name ofthe DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE insured for this purpose. Whenever reyuested by [he Company, the insured, a(the This policy is a contract of indemnity against actual monetary loss or damage Company's expense, shall give the Company all reasonable aid (il in any action nr proceeding, securing evidence, oblaimng w itnesses, prosecuting or defending the sustained or incurred by the insured claimant who has suffered }oss' or damagC by reason of matters inured agairrst by this policy and only mthe extent herein action ar proceeding, or effecting settlement, and Gi) in any other lawful aef which in dcscrihed. the opinion af[hc Company may he necessary or tics'vablemextablish the title tut e estate or interest as insured. It the Company is prejudiced by the failure al the tut Thr Ilabil ily al the Company under this policy shall not exceed the least of: insured to furnish the required uxtperadon, the Company's obliga]ions w the i t e Amount of Imiuraoge stated in Schedule A; oc insured under the policy shall terminate. including any liability or oblinatigmto ~ )thedifference benveenthe value ofthe insured estate or interest as insured defend, prosecute, nr continue any Ihigatinn, with regard to [he mater or matters and the value of the insured estate or interest subject to the defect, lien or requiring ouch crxrperalion. encumbrance insured against by this policy. 5. PROOF OF LOSS OR DAMAGE (bl In thecvent the Amountof lnwrance stated in Schedule Aatnre Date of Policy In addition to and slier the notices reyuirctl under Section 3ol'thes'e Conditions is less than SU percent of the ealue of the insured estate or in[erestorthefullconsitler- ution aid (or the land, whichever is less, or if subsequent w the Date of Policy an andStipulationshavebeenprovidedlheC.ontpany,apnutf of loss or dnmage signed imprmemenl iserected on the land which increases the value a(the insured estate or and sworn ut by the insured claimant shall he furnished m the Company within YO interest h at least 2U percent aver the .4rnount of Insurance stated in Schedule A, days after the insured claimant shall ascertain the facts giving rise m the loss or then this Policy is .object to the following: damage. The proof of loss or damage shall describe the defect in, or li~tn or encum- (il where no subseyuent improvement hasbeen made. as to any partial loss. brance on the title, or other matter insured against by this policy which constitutes the Company shall only pay the loss pro rata in the proportion that the the basis of loss or damage and shall state, to the extent possible, the basis ofcalculut .omit'tint aL insurance at Date of Policy bears to the total value of the insured ing the amount of the lass or damage. If the company is prejudiced by the failure of the insured claimantto providethe required pnxrfnf loss or damage. the Company's estate or interest at Date of Policy. or (ii) where asubsequem impnivement hale beTn made. asmanypnrtml loss, the obligations to the insured under the policy shall terminate. including any liability or Company shall only pay the losspr.,p ra(a m [he proportion that 120 percent obligation to defenA, prosecute, orenntinue any litigation, with regard m the maser of the Amount of Insurance stated m Schedule A bean mihe sum of ibe or matters requiring such proof of loss ordamage. In addition the insured claimant may reasonably be required to submit to ezami- Amount oflnsurance stated in Schedule Aand the amount expended for the nation under oath by any authorized representative of the Company and shall pro- improvement. opy g, fhe provisions of this paragraph shall not apply to costs. attorneys' fees and duce far examination, inspection and c in at such reasonable times and places expenses for which tRe Companyis liable under this poirey, std shallonly apply-m as may be designaed by any authorized representative-of the Company, all reoords, that portion of any loss whicM1 eaCeeds. Mtheaggugate, IOpercem pfthe Ammtntat books, ledgers, checks, correspondence and memoranda, whether bearing adate before or after Dace of Policy, which reasonably pertain to [he Ins or damage. Fur- Insurance stated in Schedule A. flier, if requested by any authorized representative of the Company, [he insured claimant shall grant its permission, in writing, (or any authoriuA representative of in(accordapr:e w%jth Section 4 of these Conditions and Stipulationsxpenses incurre the Company to examine, inspect and copy all records, books, ledgers, checks, cortespondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. Alf information designated as confidential B.If tAPP0 ae 1cON~MENT~uleC consists of two orrmre parcels which are no by the insuredclaimantprovidedto the Company pursuant to this Section shall notbe used asasingle siu, andaloss aestablished affecting one or more of the parcels bu -I disclosed to others unless, in the reasonable judgment of the Company, it is neces- not all, [he loss shall be computed and settled on a pro rata basis as if the amount o sary in the administration of the claim. Failure oT the insured claimant to submit for examination under oath, produce other reasonably requested information or grant insurance under this policy was divided pro rata as to the value on Date of Policy o permission to secure reasonably necessary information from third parties as each upstate parcel to the whole, ezcluaiveof any improvements made subseyuer required in this paragraph shall urminate any liability of the Company under this to Date of Policy, unless a liability or value has otherwise been agreed upon as t policy as to that claim. each parcel by the Company and the inwred attht time oifhe ixsuance df this polio and shown by an express statement or by an endorsement attached to this policy. R 6. OPTI NS T AY WISE SETTLE CLAIMS: ~ TERNfBVAT10N OF'LIABit 9. LIMITATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- (a) If the Company establishes the title, or removes the alleged detect hen y tional options: encumbrance, or cures [he lack of a right of access to or from Che land or cures h claim of unmarketability of title, all as Insured, in a reasonably ddigent Lnet r (a) To Pa or Tender Payment of the Amount of Insurance. any method, including litigation and the completion of any appeals n~ret-rom, To pay or tender. payment of the amount of insurance under [his policy shell have fully performed its obligations with respect to that matter end sha)i n4tl together with any costs, attorneys' fees and expenses incurred PyYhe insured claim- Its bl) Inrthe event of any Ia~gation, ncludntg•litigatton b}'tAe Co'npanY or with E ant, which were authorized by [he Company, up to the time of a ment or tender of Company's consent, the Company shalt liaYe no liability for Mss ordamage un payment and which the Company is obligated to pay. um'uriadigion. and disp there has been a final deurminadon by a court of comPe ) Upon the exercise by the Company of [his option, all liability and obligations to the insured under this policy. other than to make the payment requireA, shall sition of all appeals therefrom, adverse to the tine as inured. ~ (c) The Company shall not be liable for loss or damage to any insured forliabil terminate, includingany N6biliry or obligation to deferd, prosecute, or continue any voluntarily assumed bythe insured in settlingany crlaim or suiFwfthtmt [Fte pr litigation, and [he policy shall br: surterdered to the Company for cancellation. written conunt of the Company. (b) To Pav r rxv'se Settle With Parties Other than the Insured or With the ' O REDUCTION OF INSURANCE: - Insured Claimant. RED CTION ORTERMINATION OF LIABILITY (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under [his policy, together with any All a menu under this policy, except payments made fur costs, attorneys' t E~ costs, attorneys' fees and expenses incurred by the insured claimant which and ex sus, shall reduce the amount of the insurance pro Canto. were authorized by the Company up to the time of payment and which the IK { a d Security Title and Guaranty Company BCHSDULB A POLICY NUMBHR: 5-1044338 AMOUNT OF INSURANCH: $ 167,500.00 DATE OF POLICY: 2/28/1991 O1. Name of Insured: TOWN OF SOUTHOLD 02. The estate or interest in the land which is covered by this policy is: FHE 03. Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD who acquired title by deed from ROBERT KOWALSKI AND KAREN KOWALSKI, HIS WIFH, dated February 28, 1991 and recorded in the Suffolk County Clerk's Office on March 4, 1991. 04. The land referred to in this policy is described in Schedule C. P60.d FO8 OS6 AItB 11t1 OpB88S P01ICY (6-1-81) Security Title and Guaranty Company Security Title and Guaranty Company SCHBDULE B POLICY N0: 5-1044338 BXCSPTIONS FROM COVHRAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: O1. Survey made by Roderick Van Tuyl P. C. dated 2/1/91 showing vacant land shows no encroachments, violation of deed restrictions or variations with lot lines except for the following: None 02. Rights of tenants or persons in possession. 03. Declaration of Covenants and Restrictions in Liber 10133 cp. 333. P60.B FOB OBB pITB ALTA OWBBBS PO1ICI (6-1-81) Security Title and Guaranty Company Security Title and Guaranty Company SCHBDULE C POLICY N0: 5-1044338 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Traveler Street distant 156.88 feet easterly from the corner formed by the intersection of the southerly side of Traveler Street with the easterly side of Hortons Lane; RUNNING THENCE along the southerly side of Traveler Street north 58 degrees 15 minutes 50 seconds East 160.35 feet to land now or formerly of the Town of Southold; RUNNING THENCE along said land south 29 degrees 30 minutes 10 seconds east 124.11 feet to land now or formerly of Stankevica; RUNNING THENCE along said land south 58 degrees 13 minutes 30 seconds west 155.52 feet to land now or formerly of Academy Printing Services, Inc.; RUNNING THENCE north 31 degrees 44 minutes 10 seconds west along last mentioned land 124.13 feet to the southerly aide oP Traveler Street at the point or place of BEGINNING. P61.C FOE 058 EI'[E 1LS? LOdE AEE 0pt8 E'S POLICY (6-1-81) Security Title and Guaranty Company , SECURITY TITLE AND GUARANTY COMPANY ENDORSEMENT Attached to and made pazt of Policy Number 5-1044338-A 1. The following is added to the insuNng provisions on the face page of this polity: "5. Any statu[ory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereaher gain priority over the estate or interest of the insured as shown in Schedule A of [his policy." 2. The following is added to Pangnph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of [he instruments creating the insured interest is later than the polity date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents" "(e) Provision is made in the rate manual of this Company filed with the Superintendent of Insurance of the State of New York for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in [his sub-section shall [his Company be deemed to have insured the sufficienty of the Instrument of conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsemen[, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. ,~0 CYI Dated: SECURITY TITLE AND GUARANTY COMPANY S 0111 1f7/ e ~ 4i~s Jf B y ay: AUTHORIZED SIGNATURE PRESIDENT E-11 New York Endorsement - ALTA Owner's Policy (1t}21-87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from [he coverage of this policy and the Company will no[ pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: L (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating [o (i) the occupancy, use, or enjoyment of the land; (ii) [he character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in [he dimensions or area of the land or any parcel of which [he land is or was a part; or (iv) environmental protection, or the effect of any violation of theselaws, ordinances or governmental regulations, except [o the extent that a notice of the enforcement [hereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in [he public records a[ Date of Policy. (b) Any governmental police power not excluded by (a) above, except to [he extent [hat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exercise [hereof has been recorded in the public records at Dale of Policy, but no[ excluding from coverage any taking which has occurred prior to Dale of Policy which would be binding on [he rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known [o [he insured claimant and not disclosed in writing to the Company by the insured claimant prior to [he date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would no[ have been sustained if the insured claimant had paid value forthe esta[eor interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS or holds an indebtedness secured by a purchase money mortgage given by a pur- chaserfrom the insured, or only so long as the insured shall have liability by reason The fallowing terms when used in [his policy mean: of covenants of warranty made by [he insured in any transfer or conveyance of the la) "insured": the insured named in Schedule A, and, subject to any rights or estate or interest. This policy shall not continue in force in favor of any purchaser defenses the Company would have had against the named insured, those who sue- from the insured oC either fi) en estate or interest in the land, or (ii) an indebtedness coed to the interest of [he named insured by operation of law eS distinguished from secured by a purchase money mortgage given to [he insured. purchase including, but not limited lo, heirs. distribmees devisees, survivors, per- sonal represematives', next o(kin, or corporate or fiduciary successors. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) `insured claimant": an inxured claiming loss or damage. The insured shall notify the Company promptly in writing (i) in case of any litiga- (c) "knowledge"or "known": accost knowledge. notrnntrudive knowledge or tion as set krrth in Section4(a)below,(ii)in case knowledgeshall comelo an insured notice which may be imputed to an insured by reason ofthe public records as defined hereunder of any claim oftitle or infcrest which is adverse to the title to the estate or inthis prnc~y or arty other records which impart cons'Iructiveno[iceofmauersa(fed- interest. as insured, and which might cause loss or damage for which the Company ing the land. may be liahle by virtue of this policy, or (iii) if title to the estate or interest, as (d) "land": the land described or referred to in Schedule C, and improvements inured, is rejected as unmarketable.ICprompt notice shall natbegiventotheCom- pany, then as to the insured all liability of the Company shall terminate with regard to affixed thereto which by law constimtc lest pmpeny. The term "land" does nut the matter or matters for which prompt notice is required: provided, however shat ineludeany property beyond[he linesof(heareadescnbedorreferredta in Schedule failure to notify the Company shall in no ease prejudice the rights of any insured C, nor any right, title, interest, estate or easement in abutting streets, roods, ave- under this policy unlessthe Company shall be prejudiced by the failure and (hen only noes, alleys lanes, ways or waterways. but nothing herein shall modify or limit the m the extent of the prejudice. extent m which a right o[access to and t7om the land is Insured by this policy. fe) "mortgage": mortgage, deed oftrust, trues decd or other security instrument. q, DEFENSE AND PROSECUTION OF ACTIONS: U) "public records"accords established under statestatmes at Date of Policy for DUTY OFINSURED CLAIMANT TO COOPERATE the purgrse of imparting constructive notice of mortars relating to real property to (a) Upon written request by the insurul and wbject to the options contained in purchasers for value and without knowledge. With respect to Section I(a)(iv) of the Section 6 of these Conditions and Stipulations, the Company, at its own cos'I and Hxclusions From Coverage. °public records"shall alsa'mdude envGonmen[al pro- without unreasonable delay. shall provide for the defense of an insured in litigation faction liens filed in the records of the icrk of the United Smtes district court bathe in which any third party a58erts a claim adverse to the title or interest as insured, but distnd in which the land is hxated. only as to those stated erases of action alleging a defect, lien or encumbrance or (g) "umnarketabilily ofthe title": an alleged or apparent matter affecting the title other matter insured against by Ihls policy. The Company shall have the right to to the land, not excluded or excepted Gum coverage. which would entitle a par- select counsel ofits choice(subjeet nvhe right ofthe insured nr object for reasonable chaser o(the estate nr interest described in Schedule A to be released from the obli- cause) to represem the insured as to those stated causes of action and shall not be gation to purchase by virtue of a cunvacmal condition requiring the delivery of liable tar and will not pay the fees of any other counsel. The Company will oat pay markemble Title- any Cees. costs or expenes''mcurred by the insured in the defense oRhose causes of action which allege matters not insured against by this policy. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE (hl The Company shall have the right, at its own cost, nt institute and prosuute any action or proceeding or to do any other act which in its opinion may be necessary The coverage of this policy shall continue 'm force as nl Date o[ Policy in favor oC or desirable to establish the title Io the estate or interest, as inured, or to prevent nr an insured only xp long as the insured retains tin estate or imerest In the land, reduce lass or damage to the insured.'rhe Company may take any appropriate action P-60(0p)ALTA(O~wner's Policy ((10-21-87) -~q]~[~] (q~(~~j~q](~] (~j ~'p] ~ L~j'C7~'[J~~~~C~7~'Ci7'CiT'[i7~Y7'C~7'Ci7'C'~7'[i7~sC3~'C~~~~~~~~~~~'C,~~~'CiT'Ci7~CL7'C7~`C7~f3!C~ `Ci7 ~ POLICY OF 71TLE INSURANCE Issued by ~ SECURITY TITLE AND GUARANTY COMPANY ',jay ~ POLICY NUMBER: s-1044338-A SUBIECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE ~ct~J CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, SECURITY TITLE AND ~Cy GUARANTY COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown ~y in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or cy~ incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; ~j ~e~J 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. ~j The Company will also pay [he costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to [he extent provided in the Conditions and Stipulations. SECURITY TITLE AND GUARANTY COMPANY `'eD L4~ 'C.7 L~~K LL~~~jj oar D~~ ~i~ By'; (Tij ~j President ~J SFeI c~ ~ ~i9ze e Secretary s~ Countersi n ~ Authorized Officer or Agent oc~~EFOIKC~ JUDITH T. TERRY ~ ~L ~ Town Hall, 53095 Main Road TOWN CLERK ~ = P.O. BoX 1179 REGISTRAR OF v[TAL STATISTICS fah ~ Southold, New York 11971 MARRIAGE OFFICER ~ Fax (516) 765-1823 ~ ~~0 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 22, 1991: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a contract between the Town and Robert and Karen Kowalski for the purchase of their property located on the south side of Traveler Street, Southold (Tax Map No. 1000- 61-1-2.2), at a price of $167,500.00, all in accordance with the approval of the Town Attorney. Judith T. T r~ Southold Town Clerk January 24, 1991 . _ 1 _ 11~'StTOW ~ _ ne. - . ~ ealt ~ ~ - y ~ MAIN ROAD LEWIS EDSON MAIN ROAD SOUTHOID, NEW YORK 11971 LICENSED BROKER CUTCHOGUE, NEW YORK 11935 (5161 765-2286 15161 734F687 January 7, 1991 APPRAISAL REPORT FOR THE TOWN OF SOUTHOLD OF PROPERTY AT TRAVELER STREET SOUTHOLD, NEW YORK 11971 OWNED BY ROBERT AND KAREN KOWALSKI . irstTovvne . ealt ~ ~ . ~ - ~ - _ y .u.. MAIN ROAD LEWIS EDSON MAIN ROAD SOUTHOLD, NEW YORK 11971 LICENSED BROKER CUTCHOGUE, NEW. YORK 11935 (516) 765-2288 (518) 7346697 January 7, 1991 In the Matter of ) The Town of Southold ) State of New York ) SS County of Suffolk ) Lewis L. Edson being duly sworn, deposes and say: I am over 21 years of age and reside at Southold, Town of Southold, Suffolk County, New York. I am a duly licensed 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 acquainted with real estate values in the Town of Southold. On or about January 3, 1991 the Town of Southold Board requested First Towne Realty to make an appraisal of property in the Town of Southold, Village of Southold, State of New York. While I was then generally familiar with the property, I have since carefully inspected all of the property for the purpose of appraising it. The parcel is approximately .45 acres with 160 feet on Traveler Street and a depth of 124 feet. It is located on Traveler Street, Southold, Town of Southold, County of Suffolk, State of New York and is bounded on the south by Sisa Development Inc. on the west by Academy Printing on the east by Town of Southold and on the north by Traveler Street. The property is zoned Hamlet Business. It is presently being cleared. It has good visibility and is well suited for a service oriented business. The 1990 - 1991 Southold Town Assessment was: Land 1,200 Total $1,200 In my opinion a fair market value for the parcel on January 7, 1991 is $165,000. ~^---r Y ry ` L ~ v ..x,~ s M f. , SUBJECT PROPERTY SUBJECT PROPERTY Suffolk County Tax Map Number: 1000-61-1-2.2 Southold Town Taxes 1990 - 1991: $539.29 Property is zoned Hamlet Business. Respectfully submitted, Lewis L. Edson ' Licensed Real Estate Broker Subscribed to and sworn before me this th day of January 1991. Notary~- Rl LIMITING CONDITIONS This appraisal is subject to the following limiting conditions. The legal description furnished is assumed to be correct. I assume no responsibility for matters legal in character, nor do I render any opinion as to title, which is assumed to be marketable. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. I have made no survey of the property and assume no responsibility in connection with such matters. Unless otherwise noted herein, it is assumed that there are no encroachments, zoning violations or restrictions existing in the Subject Property. Information, estimated and opinions contained in this report are obtained from sources considered reliable, however, no liability for them can be assumed by the appraiser. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the applicant without the previous written consent of the appraiser or the applicant, and in any event only with proper qualification. I am not required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless arrangements have been made previously herefore. The division of land and improvement values estimated herein is applicable only under the program of utilization shown. There separate valuations are invalidated by any other applicant. QUALIFICATIONS OF LEWIS L. EDSON I am a licensed Real Estate Broker with an office at Main Road, Southold, Suffolk County, New York. I have acted in many 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 acquainted with real estate values in Southold. Prior to opening First Towne Realty in June, 1976, I was with McDonald's Corporation as Director in Charge of new site development. During my nine year tenure, I either purchased or approved the purchase of over 300 locations in the Northeastern section of the United States and Canada. I have done many appraisals in the Town of Southold for individuals, attorneys, and I am an authorized appraiser for the North Fork Bank & Trust Company for commercial properties. I am a member of the Eastern Suffolk Board of Realtors. I have also qualified as an expert witness pertaining to real estate matters, before the Supreme Court of New York and the United States Federal Tax Court. oSpFFOIk~OG JUDITH T. TERRY TGwN CLERK ~ ' Town Hall, 53095 Main Road v .Z P.O. Box 1179 REGISTRAR OF VITAL STATISTTCS ~ ~ Southold, New York 11971 MARRIAGE OFFICER Q ~ Fax (516) 765-1823 '~.yQ.~ ~ .~1D0 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 4, 1991 Lewis Edson First Towne Realty Main Road Southold, New York 11971 Dear Lewis: The Southold Town Board, at their regular meeting held on December 28, 1990, adopted the enclosed resolution to engage your services to conduct an appraisal of the Kowalski property on Traveler Street, Southold. Please submit the appraisal to me when you have completed same. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure , r ! oS~FFOIK~~,,'' JUDITH T. TERRY l~ L Town Hall, 53095 Main Road TOWN CLERK ~ = P.O. BOX 1179 REGISTRAR OF VITAL STATISTICS to ~ Southold, New York 11971 MARRIAGE OFFICER ~ ~ Fax (516) 765-1823 ~ .~1~ Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 28, 1990: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, to conduct an appraisal of the property of Robert and Karen Kowalski (tax map no. 1000-61-1-2.2), south side of Traveler Street, Southold. G~T. Terry~:'~~'~~' Southold Town Clerk December 31, 1990 a 1Y/ ~ • oo ~ ? ° ~ ` ~~6 ! 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