HomeMy WebLinkAboutSmith, Thornton E
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Land Title Insurance Company
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April 16, 1996
Office of the Town Attorney - Town of Southold
Town Hall, 53095 Main Rd., P.O. Box 1179
Southold, New York 11971
ATTN: Laury L. Dowd, Esquire
RE: Title No. RH-95-0970
Thornton Smith to Town of Southold
Premises: Bergen Avenue, Mattituck, NY
Dear Ms. Dowd:
Enclosed please find a copy of your client's fee policy and deed for your
files.
We have packaged the originals of these documents used in this
transaction. Since our new title insurance rates allow substantial
discounts on future title transactions such as refinances, we ask that the
homeowners safeguard the package enclosed.
We appreciate your choosing Commonwealth Land Title and look forward to
serving your future title transactions.
Very truly yours,
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
~~
ANDREA RIVE
Vice President and Branch Manager
AR~
<<) ~~~1~n~~~~l~ H(lldin~s Company
use ror mgress anCl egress or any streets anCl roaCls abuttmg the ClescnbeCl premises to the
center lines thereof,
cooP'-=....~.1 <;;1'.-"-""'...... ....,.... ......""'...:::1.......- --.----- ---- -
BEGINNING.
CONTAINING an area of 5.0295 Acres.
Schedule A
10f2
,/.Of'/'
Recordin & Endorsement Pa
D&__j
L F ,I (SPECIFY TYPE OF INSTRUMENT)
-rhtJrrJ 1J:;tJc;. J S'm I +"1 The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
"J-.
-,./
," . .
~.
11760 PC694
1121
0hL!!J
20450
Number of pages
TORRENS
I
o
'.E;'>!OJ
Serial #
FEB I 1996
Certificate #
TRAiiSrT '~^X
f;f.;~:'~:"'~': . '-',
J'''',~''~'' .
\.>".......1>.
Prior Clf. #
---..........
Deed / Mortgage Instrwnent
Deed / Mortgage Tax Stamp
FEES
Page / Filing Fee
Handling
~'-
'-
&, '-
TP-584
Notation
~, S~Thtal ~---
c9.?:-
'- (fO
I~.-
EA.52l7 (County)
EA-52l7 (State)
R.P.T.S.A.
Comm. of Ed.
5 ..!l2-
Affidavit
Certified Copy
Reg. Copy
Other
Sub Total
GRAND TOTAL
Real Property Tax Service Agency Verirlcation
Dis!. Section Block
Lot
IZI/d.t> 01100
/ooC)
S
J~I-1L,
001100
Initials
I'imII Commonwealth ~
~ Land Title Insurance Company
A Reliance Group Holdings Company
177 OLD COUNTRY ROAD, P,O, BOX 419, RIVERHEAD, NY 11901
.
a
RECORD Ii: RETURN TO
(ADDRESS)
Suffolk Count
This page fonns pan of the attached
RECORDED
[1]
96 FES -I AM 10: 56
E""" ." r" C' -,',' ,\ ".IE
- ; I ".~' ,,; , " . tl, '. i . j i".. ; j 1
,.' . ;-'LEPI' OF
t.. _" \
SUFFOU( COUNTY
204 0
Recording / Filing Stamps
Mortgage AmL
'-
1. Basic Tax
'-
2. Additional Tax
Sub Total
SpecjAssiL
or
Spec./ Add.
'-
TOT.MTG. TAX
Dual Town _ Dual County _
Held for Apportionment _
Transfer Tax ~
Mansion Tax -124- . _
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES_orNO
If NO, see appropriate tax clause on page #
_ of this instrument.
Title Company Information
Co;nhumt.vV/j .J.j, 1.cvzd-1i~
Company Name
RH <1509717
Title Number
made by:
TO ) IntheTownshipof Slc:Jl.cfI1oL--..-I
thp 'l t!/W71 CJ;: ~l(i-k~.
In the VILLAGE
or HAMLET of lI1allJ'lz.iA' ~k
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
."
~q{-D9'70
/0
DEED
OF
DEVELOPMENT RIGHTS
LEGIBILITY I'OOR
FOR MICROFIlM
THIS INDENTURE. made this 25th day of January, 1996,
BETWEEN THORNTON E. SMITH. residing at 44 Brookside Drive, Plandome, New
York, party of the first part, and
THE TOWN OF SOlITHOID. a municipal corporation of the State of New York,
having its office and principal place of business at 53095 Main Road, Town of Southold,
County of Suffolk and State of New York, party of the second part.
WITNESSETH
That the party of the first part, in consideration of ten ($ I 0.00) dollars, lawful
money of the United States, and other good and valuable consideration paid by the party of
the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second part, its
successors and assigns forever, the DEVEWPMENT RIGHTS. by which is meant the
permanent legal interest and right, as authorized by Section 247 of the New York State
General Municipal Law, as amended, to permit, require or restrict the use of the premises
exclusively for agricultural production as that term is presently defined in Chapter 25 of
the Code of the Town of Southold, and the right to prohibit or restrict the use of the
premises for any purpose other than agricultural production, to the properties described
in the attached Schedule A.
TOGETHER with the non-exclusive right, if any, of the party of the first part as to the
use for ingress and egress of any streets and roads abutting the described premises to the
center lines thereof,
".-
. , . .
LEGl81.1TY POOR
FOR MICROFIlM
TOGETIIER. with the appurtenances and all the estate and rights of the party of the
first part in and to said premises, insofar as the rights granted hereunder are concerned.
TO HAVE AND TO HOLD the said DEVEWPMENT RlGIITS herein granted unto the
party of the second part, its successors and assigns 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. The party of the first part, as a covenant running with the
land in perpetuity, further covenants and agrees for the party of the first part, and its
heirs, legal representatives, successors and assigns of the party of the first part, to use the
premises on and after the date of this instrument solely for the purpose of agricultural
production.
AND the party of the first part, covenants in all aspects to comply with Section 13 of
the Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production" as defined in Section 25-30 of Chapter
25 of the SouthoId Town Code is as follows:
Agricultural Production - shall mean the production for commercial
purposes of crops, livestock and livestock products, but not land or
portions thereof used for processing or retail merchandising of such
crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes.
The party of the first part and the party of the second part do hereby covenant and
agree in perpetuity that either of them or their respective heirs, successors, legal repre-
sentatives or assigns, shall only use the premises on and after this date for the purpose of
such agricultural production and the grantor covenants and agrees that the underlying fee
title may not be subdivided into plots by the filing of a subdivision map pursuant to
Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any
,
"
"
lEG18llTY IIOOR
FOR M1CROFU.M
of such sections of the Town or Real Property Law or any laws replacing or in furtherance
of them.
The word "party" shall be construed as if it reads "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.
~6-f1i-~ f-r/;tt f7I6
Thornton E. Smith
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the 25th day of January, 1996, before me personally came Thornton E. Smith to
me known to be the individual described in and who executed the foregoing instrument,
and acknowledged that he executed the same.
NZ:u;i)~
KAREN J. HAGEN
Notary PUblic, StS!l> of NswYork
NL'.4827029 !i6
Qualified i;-. Sulk,;!: County
CommiSSIon !?-Xiwes ~)i;;<cl-, 21,19 '
....
11760 PC 694
January 16, 1996
Surveyor's Description: Lot No.1 "Thornton Smith".
Development Rights To Be Conveyed To The Town of Southold.
Suffolk County Tax Map 1000-121-1-Part of 1.1
All that certain plot, piece, or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being, at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Bergen Avenue,
said point being situate North 32 deg. 34 min. 43 sec. West a
distance of 267.89 feet as measured along the easterly side of
Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RUNNING thence North 32 deg. 34 min. 43 sec. West along the
easterly side of Bergen Avenue a distance of 720.07 feet to land
now or formerly Harry Checkla and Don Schulman;
RUNNING thence North 61 deg. 11 min. 17 sec. East along land
now or formerly Harry Checkla and Don Schulman a distance of 668.61
feet to land now or formerly Minas Mihaltses and vassilik
Mihaltses;
RUNNING thence North 64 deg. 04 min. 27 sec. East along land
now or formerly Minas Mihaltses and Vassilik Mihaltses a distance
of 824.90 feet to land now or formerly Catherine Simicich;
RUNNING thence along land now or formerly Catherine Simicich
the following two (2) courses and distances:
1. South 32 deg. 11 min. 03 sec. East 201.48 feet,
2. North 56 deg. 08 min. 37 sec. East 366.94 feet to a point;
RUNNING thence South 33 deg. 51 min. 23 sec East through land
now or formerly Thornton Smith a distance of 648.73 feet to the
northerly side of a proposed Right of Way;
RUNNING thence along the northerly side of said proposed Right
of Way and still through land now or formerly Thornton Smith the
following eight (8) courses and distances:
1. along the arc of a curve to the right having a radius of
685.00 feet a distance of 236.06 feet,
2. South 83 deg. 08 min. 22 sec. West 50.00 feet,
3. along the arc of a curve to the left having a radius of
735.00 feet a distance of 336.63 feet,
4. South 56 deg. 53 min. 53 sec. West 50.00 feet,
5. along the arc of a curve to the right having a radius of
685.00 feet a distance of 243.99 feet,
6. South 77 deg. 18 min. 24 sec. West 50.00 feet,
7. along the arc of a curve to the left having a radius of
760.00 feet a distance of 263.77 feet,
8. South 57 deg. 25 min. 17 sec. West 675.00 feet to the
easterly side of Bergen Avenue and the point or place of
BEGINNING.
CONTAINING an area of 28.8633 Acres.
Schedule ^
2of2
.
"
,
,
January 15, 1996
Surveyor's Description: Lot No.2 "Thornton Smith".
Development Rights To Be Conveyed To The Town of Southold.
Suffolk County Tax Map 1000-121-1-Part of 1.1
All that certain plot, piece, or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being, at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Bergen Avenue,
said point being situate North 32 deg. 34 min. 43 sec. West a
distance of 177.89 feet as measured along the easterly side of
Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RUNNING thence North 32 deg. 34 min. 43 sec. West along the
easterly side of Bergen Avenue a distance of 40.00 feet to the
southerly side of a proposed Right of Way;
RUNNING thence along the southerly side of a proposed Right of
Way and through land now or formerly Thornton Smith the following
four (4) courses and distances:
1. North 57 deg. 25 min. 17 sec. East 675.00 feet,
2. along the arc of a curve to the right having a radius of
710.00 feet a distance of 246.41 feet,
3. North 77 deg. 18 min. 24 sec. East 50.00 feet,
4. along the arc of a curve to the left having a radius of
735.00 feet a distance of 164.19 feet to a point;
RUNNING thence still through land now or formerly Thornton
Smith the following two (2) courses and distances:
1. South 15 deg. 24 min. 03 sec. East 520.17 feet,
2. South 74 deg. 35 min. 57 sec. West 160.89 feet to land now
or formerly Thomas Zaweski and Christine Zaweski;
RUNNING thence along land now or formerly Thomas Zaweksi a~d
Christine Zaweski the following two (2) courses and distances:
1. North 15 deg. 24 min. 03 sec. West 87.57 feet,
2. South 80 deg. 00 min. 35 sec. West 220.16 feet to land
now or formerly Suffolk County Industrial Development
Agency;
RUNNING thence along land now or formerly Suffolk County
Industrial Development Agency the following two (2) courses and
distances:
1. North 31 deg. 29 min. 01 sec. West 338.83 feet,
2. South 57 deg. 25 min. 17 sec. West 644.58 feet to the
easterly side of Bergen Avenue and the point or place of
BEGINNING.
CONTAINING an area of 5.0295 Acres.
Schedule A
1 of2
RECORD & RETURN TO
(ADDRESS)
Suffolk Count Recordin
This page fonns part of the attached D&./ j
. L E" ,/ (SPECIFY TYPE OF INSTRUMENT)
7h,(17---r7~ } S'1771 +f:l The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
~
11760 p~ 694
""0
;,1' 2;
t!i:. .,,,.:.:,....
20450
Number of pages
TORRENS
!
(0
1
I
TR/:,. ,.T.'~,X I
,. . . I
,j,<".)... !
"'---""""~'~",.....J
'~'tE'.:;tl'~'
,;g. "-.
~"r ,-:~....~__...____
~'''''' , .;: "~".'..,'-
'-'" -'"'' ",..-;1 c:'
Serial #
FEB 1 f9S'6
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
",!n
-W;j",:~~~
Page / Filing Fee
-1f
'-
'-
(., '-
Handling
TP-584
Notation
'-
~~
EA-5217 (County)
EA-5217 (State)
R.P.T.S.A.
5 . _ Sub Total
r9.~_
. --- (fO
~'-
Comm. of Ed.
5.~
Affidavit
'-
Certified Copy
Reg. Copy
Other
'-
'-
Sub Total
GRAND TOTAL
Real Property Tax Service Agency Verification
Dis!. Section Block
Lot
/OOG)
/Z.II~ t? 0/100
OO/,IfJO
Initials
rriiiII Commonwealth,"
~ Land Title Insurance Company
A Reliance Group Holdings Company
1 n OLD COUNTRY ROAD, P.O. BOX 419, RIVERHEAD, NY 11901
II
.
..
,
RECORDED
o
96 FEG -I AM 10: 56
1"'.~"" ~-'.l ~ f\'''''''i'/''' P"E
c.U \u.\.~,... j".\t.) 'l/"\ll'i
CLEHI~ OF
SUFFOLK COUNTY
204 0
Recording / Filing Stamps
Mongage Amt
I. Basic Tax
'-
2, Additional Tax
'-
Sub Total
'-
SpecjAssit
or
Spec. / Add,
'-
TOT. MTG. TAX '_
Dual Town _ Dual County _
Held for Apportionment _
Transfer Tax ~ .
Mansion Tax .~ .
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES_orNO_
If NO, see appropriate tax clause on page #
_ of this instrument.
Title Company Information
UJ/ri/'n Ln7L~ //-/ If., &vzd'1i~
Company Name
I<H 1509717
Title Number
& Endorsement Pa e
made by:
TO ) IntheTownshipof !]'c?l(-f~<.::>L~.J
7hP 7c"W71 ~f' ~t(/f/YJI<,,-
In the VILLAGE
or HAMLET of !If "1# h f/f"" /1
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
""~C"",.
SCHEDULE A
AMOUNT OF INSURANCE:
$ 271,600.00
POLICY NO.
206-081772
TITLE NO.
RH950970
DATE OF POLICY:
01/26/96
1. NAME OF INSURED:
THE TOWN OF SOUTHOLD
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: DEVELOPMENT RIGHTS
3 . TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
Deed made by THORTON E. SMITH to THE INSURED, dated 1-25-96 and duly
recorded in the Office of the Clerk for the County of Suffolk.
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SITUATED IN THE
COUNTY OF SUFFOLK, STATE OF NEW YORK, AND IS IDENTIFIED AS FOLLOWS:
SEE SCHEDULE "A" ATTACHED
Countersigned: ~ ~
Authorized Officer or Agent
.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
POLICY NO.
206-081772
TITLE NO.
RH950970
This policy does not insure against loss or damage (and the Company will not
pay costs, attorneys' fees or expenses) which arise by reason of:
1. Subject to second half 1995/96 real estate taxes.
2. Rights or claims of parties other than THE INSURED in actual possession of any or
all of the property.
3. In the absence of a survey, Company will not certify as to the location nor
dimensions of within described premises on all sides, and will except any state of
facts an accurate survey may show.
'.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
STANDARD NEW YORK ENDORSEMENT
OWNER'S POLICY
To be attached and made a part of Policy Number: 206-081772
1. The following is added to the insuring provisions of the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof
and which has now gained or which may hereafter gain priority over the estate or
interest of the insured as shown in Schedule A of this policy. II
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
U(d). 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 encumbrances,
except real estate taxes, assessments, water charges and sewer rents. 11
Nothing herein contained shall be construed as extending or changing the effective date of sai
policy, unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the
policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations
therein, except as modified by the provisions hereof.
Dated: 01/26/96
COMMONWEALTH LAND TITLE INSURANCE COMPANY
BY: ~~
VICE PRESIDENT BRANCH MANAGER
'. .
COMMONWEALTH LAND TITLE INSURANCE COMPANY
TITLE NO. RH950970
SCHEDULE A
THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY
ALL that certain plot} piece, or parcel of land situate, lying and being at Mattituck,
Town of Southold, County of Suffolk and State of New York, bounded and described as
follows:
BEGINNING at a point on the easterly side of Bergen Avenue, said point being situate
North 32 degrees 34 minutes 43 seconds West a distance of 177.89 feet as measured along
the easterly side of Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenuei
RUNNING THENCE North 32 degrees 34 minutes 43 seconds West along the easterly side of
Bergen Avenue a distance of 40.00 feet to the southerly side of proposed Right of Way;
RUNNING THENCE along the southerly side of proposed Right of Way and through land now
or formerly Thornton Smith the following four (4) co~rses and distances:
1. North 57 degrees 25 minutes 17 seconds East, 675.00 feet;
2. Along the arc of a curve to the right having a radius of 710.00 feet a distance of
246.41 feet;
3. North 77 degrees 18 minutes 24 seconds East, 50.00 feet;
4. Along the arc of a curve to the left having a radius of 735.00 feet a distance of
164.19 feet to a point;
RUNNING THENCE still through land now or formerly Thornton Smith the following two (2)
courses and distances:
1. South IS degrees 24 minutes 03 seconds East, 520.17 feet;
2. South 74 degrees 35 minutes 57 seconds West, 160.89 feet to land now or formerly
Thomas Zaweski and Christine Zaweski;
RUNNING THENCE along land now or formerly Thomas Zaweski and Christine Zaweski the
following two (2) courses and distances:
1. North 15 degrees 24 minutes 03 seconds West, 87.57 feet;
2. South 80 degrees 00 minutes 35 seconds West, 220.16 feet to land now or formerly
Suffolk County Industrial Development Agency;
RUNNING THENCE along land now or formerly Suffolk County Industrial Development Agency
the following two (2) courses and distances:
1. North 31 degrees 29 minutes 01 seconds West, 338.83 feet;
2. South 57 degrees 25 minutes 17 seconds West, 644.58 feet to the easterly side of
Bergen Avenue and the point of place of BEGINNING.
FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in
IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above
{described premises, to the center line thereof.
'. .
COMMONWEALTH LAND TITLE INSURANCE COMPANY
TITLE NO. RH950970
SCHEDULE A
THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY
ALL that certain plot, piece, or parcel of land situate, lying and being at Mattituck,
Town of Southold, County of Suffolk and State of New York, bounded and described as
follows,
BEGINNING at a point on the easterly side of Bergen Avenue, said point being situate
North 32 degrees 34 minutes 43 seconds West a distance of 177.89 feet as measured along
the easterly side of Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RUNNING THENCE North 32 degrees 34 minutes 43 seconds West along the easterly side of
Bergen Avenue a distance of 40.00 feet to the southerly side of proposed Right of Way;
RUNNING THENCE along the southerly side of proposed Right of Way and through land now
or formerly Thornton Smith the following four (4) codrses and distances,
1. North 57 degrees 25 minutes 17 seconds East, 675.00 feet;
2. Along the arc of a curve to the right having a radius of 710.00 feet a distance of
246.41 feet;
3. North 77 degrees 18 minutes 24 seconds East, 50.00 feet;
4. Along the arc of a curve to the left having a radius of 735.00 feet a distance of
164.19 feet to a point;
RUNNING THENCE still through land now or formerly Thornton Smith the following two (2)
courses and distances:
1. South 15 degrees 24 minutes 03 seconds East, 520.17 feet;
2. South 74 degrees 35 minutes 57 seconds West, 160.89 feet to land now or formerly
Thomas Zaweski and Christine Zaweski;
RUNNING THENCE along land now or formerly Thomas Zaweski and Christine Zaweski the
following two (2) courses and distances:
1. North 15 degrees 24 minutes 03 seconds West, 87.57 feet;
2. South 80 degrees 00 minutes 35 seconds West, 220.16 feet to land now or formerly
Suffolk County Industrial Development Agency;
RUNNING THENCE along land now or formerly Suffolk County Industrial Development Agency
the following two (2) courses and distances:
1. North 31 degrees 29 minutes 01 seconds West, 338.83 feet;
2. South 57 degrees 25 minutes 17 seconds West, 644.58 feet to the easterly side of
Bergen Avenue and the point of place of BEGINNING.
FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in
IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above
(described premises, to the center line thereof.
,
AU96-D9fD
/0'
DEED
OF
DEVEWPMENT RIGHTS
LEGIBILITY I"OOR
FOR MICROI'1I.M
THIS INDENTURE, made this 25th day of January, 1996,
BETWEEN THORNTON E. SMITII, residing at 44 Brookside Drive, Plandome, New
York, party of the first part, and
THE TOWN OF SOlITHOLD, a municipal corporation of the State of New York,
having its office and principal place of business at 53095 Main Road, Town of Southold,
County of Suffolk and State of New York, party of the second part.
WITNESSETH
That the party of the first part, in consideration of ten ($10.00) dollars, lawful
money of the United States, and other good and valuable consideration paid by the party of
the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second part, its
successors and assigns forever, the DEVELOPMENT RIGHTS, by which is meant the
permanent legal interest and right, as authorized by Section 247 of the New York State
General Municipal Law, as amended, to permit, require or restrict the use of the premises
exclusively for agricultural production as that term is presently defined in Chapter 25 of
the Code of the Town of Southold, and the right to prohibit or restrict the use of the
premises for any purpose other than agricultural production, to the properties described
in the attached Schedule A.
TOGETHER with the non-exclusive right, if any, of the party of the first part as to the
use for ingress and egress of any streets and roads abutting the described premises to the
center lines thereof,
"
~ , ' I
lEGl8l.lTY POOR
fOR MICROFILM
TOGETHER with the appurtenances and all the estate and rights of the party of the
first part in and to said premises, insofar as the rights granted hereunder are concerned.
TO HAVE AND TO HOlD the said DEVELOPMENT RIGHTS herein granted unto the
party of the second part, its successors and assigns 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. The party of the first part, as a covenant running with the
land in perpetuity, further covenants and agrees for the party of the first part, and its
heirs, legal representatives, successors and assigns of the party of the first part, to use the
premises on and after the date of this instrument solely for the purpose of agricultural
production.
AND the party of the first part, covenants in all aspects to comply with Section 13 of
the Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production" as defined in Section 25-30 of Chapter
25 of the Southold Town Code is as follows:
Agricultural Production - shall mean the production for commercial
purposes of crops, livestock and livestock products, but not land or
portions thereof used for processing or retail merchandising of such
crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes.
The party of the first part and the party of the second part do hereby covenant and
agree in perpetuity that either of them or their respective heirs, successors, legal repre-
sentatives or assigns, shall only use the premises on and after this date for the purpose of
such agricultural production and the grantor covenants and agrees that the underlying fee
title may not be subdivided into plots by the filing of a subdivision map pursuant to
Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any
.
l'"
"
lEGlBUTY IIOOR
FOR M1CAOFU.M
of such sections of the Town or Real Property Law or any laws replacing or in furtherance
of them.
The word "party" shall be construed as if it reads "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.
$4(6-Ui'~ f4{Rfj
Thornton E. Smith
STATE OF NEW YORK)
COUNTY OF SUlTOLK)
On the 25th day of January, 1996, before me personally came Thornton E. Smith to
me known to be the individual described in and who executed the foregoing instrument,
and acknowledged that he executed the same.
NZ~~~
KAREN J. HAGEN
Notary Pub:ic, St~;re af Nsw York
Ni.1.4927029
. Qoalif;':Oc;" Su!i::<!: County Q L
CommissIon fx,,;lres ~!iD;cI121. ~9---/...LJ
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11760 PC 694
January 16, 1996
Surveyor's Description: Lot No.1 "Thornton Smith".
Development Rights To Be Conveyed To The Town of Southold.
Suffolk County Tax Map 1000-121-1-Part of 1.1
All that certain plot, piece, or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being, at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Bergen Avenue,
said point being situate North 32 deg. 34 min. 43 sec. West a
distance of 267.89 feet as measured along the easterly side of
Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RUNNING thence North 32 deg. 34 min. 43 sec. West along the
easterly side of Bergen Avenue a distance of 720.07 feet to land
now or formerly Harry Checkla and Don Schulman;
RUNNING thence North 61 deg. 11 min. 17 sec. East along land
now or formerly Harry Checkla and Don Schulman a distance of 668.61
feet to land now or formerly Minas Mihaltses and Vassilik
Mihaltses;
RUNNING thence North 64 deg. 04 min. 27 sec. East along land
now or formerly Minas Mihaltses and Vassilik Mihaltses a distance
of 824.90 feet to land now or formerly Catherine Simicich;
RUNNING thence along land now or formerly Catherine Simicich
the following two (2) courses and distances:
1. South 32 deg. 11 min. 03 sec. East 201.48 feet,
2. North 56 deg. 08 min. 37 sec. East 366.94 feet to a point;
RUNNING thence South 33 deg. 51 min. 23 see East through land
now or formerly Thornton Smith a distance of 648.73 feet to the
northerlT side of a proposed Right of Way;
RUNNING thence along the northerly side of said proposed Right
of Way and still through land now or formerly Thornton Smith the
following eight (8) courses and distances:
1. along the arc of a curve to the right having a radius of
685.00 feet a distance of 236.06 feet,
2. South 83 deg. 08 min. 22 sec. West 50.00 feet,
3. along the arc of a curve to the left having a radius of
735.00 feet a distance of 336.63 feet,
4. South 56 deg. 53 min. 53 sec. West 50.00 feet,
5. along the arc of a curve to the right having a radius of
685.00 feet a distance of 243.99 feet,
6. South 77 deg. 18 min. 24 sec. West 50.00 feet,
7. along the arc of a curve to the left having a radius of
760.00 feet a distance of 263.77 feet,
8. South 57 deg. 25 min. 17 sec. West 675.00 feet to the
easterly side of Bergen Avenue and the point or place of
BEGINNING.
CONTAINING an area of 28.8633 Acres.
Schedule ^
20f2
p
,
,
January 15, 1996
Surveyor's Description: Lot No.2 "Thornton Smith".
Development Rights To Be Conveyed To The Town of Southold.
Suffolk County Tax Map 1000-121-1-Part of 1.1
All that certain plot, piece, or parcel of land with the
buildings and improvements thereon erected, situate, lying and
being, at Mattituck, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Bergen Avenue,
said point being situate North 32 deg. 34 min. 43 sec. West a
distance of 177.89 feet as measured along the easterly side of
Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RUNNING thence North 32 deg. 34 min. 43 sec. West along the
easterly side of Bergen Avenue a distance of 40.00 feet to the
southerly side of a proposed Right of Way;
RUNNING thence along the southerly side of a proposed Right of
Way and through land now or formerly Thornton Smith the following
four (4) courses and distances:
1. North 57 deg. 25 min. 17 sec. East 675.00 feet,
2. along the arc of a curve to the right having a radius of
710.00 feet a distance of 246.41 feet,
3. North 77 deg. 18 min. 24 sec. East 50.00 feet,
4. along the arc of a curve to the left having a radius of
735.00 feet a distance of 164.19 feet to a point;
RUNNING thence still through land now or formerly Thornton
Smith the following two (2) courses and distances:
1. South 15 deg. 24 min. 03 sec. East 520.17 feet,
2. South 74 deg. 35 min. 57 sec. West 160.89 feet to land now
or formerly Thomas Zaweski and Christine Zaweski;
RUNNING thence along land now or formerly Thomas Zaweksi a~d
Christine Zaweski the following two (2) courses and distances:
1. North 15 deg. 24 min. 03 sec. West 87.57 feet,
2. South 80 deg. 00 min. 35 sec. West 220.16 feet to land
now or formerly Suffolk County Industrial Development
Agency;
RUNNING thence along land now or formerly Suffolk County
Industrial Development Agency the following two (2) courses and
distances:
1. North 31 deg. 29 min. 01 sec. West 338.83 feet,
2. South 57 deg. 25 min. 17 sec. West 644.58 feet to the
easterly side of Bergen Avenue and the point or place of
BEGINNING.
CONTAINING an area of 5.0295 Acres.
Schedule A
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OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
~
Commonwealth.
Land Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS. COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures. as of Date of Policy shown in Schedule At against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
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.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest:
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By:
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve*
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement 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 Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that 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 Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the 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 to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the 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 not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PAlO
ALTA Owner's Policy (10'17-92)
Form 1190-1 Face Page
Valid Only If Schedules A and B and Cover Are Attached
ORIGINAL
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean'
(a) .'insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
thme who succeed to the interest of the named insured hy operation of law
as distinguished from purchase including, hut not limited la, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) .'insured claimant": an insured claiming loss or damage.
(C) ..knowledge" or "known": actual knowledge, n01 constructive
knowledge or notice which may be imputed 10 an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) '.land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property The
term "'land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways. but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed. or other security
Instrument.
(f) "public records": records established under state statutes at Date of
Policy for thc purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section I (a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketabi]ity of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring thc delivery of marketable title
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land. or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (iil an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
comc to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest. as insured. and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured. is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extenl of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(h) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
polley, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, It shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy. the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right. in its sole discretion.
to appeal from any adverse Judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals thercin, and permit the
Company to use, at its option. thc, name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (il in any action or
proceeding, secunng evidence, obtaining WItnesses, prosecuting or
defending the action or proceeding. or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to thc estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation. the Company's obligations to thc insured under the policy
shall terminate, including any liahility or obligation to defend, prosecute. or
continue any litigation, with regard to the matter or matters requiring such
cooperatIOn.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section .3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in. or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition. the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company. all records, hooks. ledgers, checks.
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to Ihe loss or damage. Further. if
requested by any authorized representative of the Company, the insured
claimant shall gnln\ its permission, in writing. for any authorized
representative of the Company to examine, inspect and copy all records.
books. ledgers. checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any Iiahility of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the
following options:
(a)To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount or insurance under
this policy together with any costs. attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of paymant or tender of payment and which the Company is obliga~
ted to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than 10 make the
payment required. shall terminate, including any Iiabi]ity or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs. attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and wbich the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to th(~ insured under
this policy for the claimed loss or damage. other than the payments
required to be made, shall terminate, including an) Iiabilily pr obligation to
defend, prosecute or continue any litigation.
8 ~190.1
Conditions and Stipulations Continued Inside Co\'er
CONTROL NO.
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SCHEDULE A
AMOUNT OF INSURANCE:
$ 271,600.00
POLICY NO.
206-081772
DATE OF POLICY:
01/26/96
TITLE NO.
RH950970
1. NAME OF INSURED:
THE TOWN OF SOUTHOLD
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: DEVELOPMENT RIGHTS
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
Deed made by THORTON E. SMITH to THE INSURED, dated 1-25-96 and duly
recorded in the Office of the Clerk for the County of Suffolk.
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SITUATED IN THE
COUNTY OF SUFFOLK, STATE OF NEW YORK, AND IS IDENTIFIED AS FOLLOWS:
SEE SCHEDULE "A" ATTACHED
Countersigned: ~ ~
Authorized Officer or Agent
SCHEDULE B
EXCEPTIONS FROM COVERAGE
POLICY NO.
206-081772
TITLE NO.
RH950970
This policy does not insure against loss or damage (and the Company will not
pay costs, attorneys' fees or expenses) which arise by reason of:
1. Subject to second half 1995/96 real estate taxes.
2. Rights or claims of parties other than THE INSURED in actual possession of any or
all of the property.
3. In the absence of a survey, Company will not certify as to the location nor
dimensions of within described premises on all sides, and will except any state of
facts an accurate survey may show.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
STANDARD NEW YORK ENDORSEMENT
OWNER'S POLICY
To be attached and made a part of Policy Number: 206-081772
1. The following is added to the insuring provisions of the face page of this policy:
115. Any statutory lien for services, labor or materials furnished prior to the date hereof,
and which has now gained or which may hereafter gain priority over the estate or
interest of the insured as shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
U(d). 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 encumbrances,
except real estate taxes, assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of said
policy, unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the
policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations
therein, except as modified by the provisions hereof.
Dated: 01/26/96
COMMONWEALTH LAND TITLE INSURANCE COMPANY
BY: ~
VICE PRESIDENT BRANCH MANAGER
COMMONWEALTH LAND TITLE INSURANCE COMPANY
TITLE NO. RH950970
SCHEDULE A
THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY
ALL that certain plot, piece, or parcel of land situate, lying and being at Mattituck,
Town of Southold, County of Suffolk and State of New York, bounded and described as
follows:
BEGINNING at a point on the easterly side of Bergen Avenue, said point being situate
North 32 degrees 34 minutes 43 seconds West a distance of 177.89 feet as measured along
the easterly side of Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RUNNING THENCE North 32 degrees 34 minutes 43 seconds West along the easterly side of
Bergen Avenue a distance of 40.00 feet to the southerly side of proposed Right of Way;
RUNNING THENCE along the southerly side of proposed Right of Way and through land now
or formerly Thornton Smith the following four (4) Courses and distances:
1. North 57 degrees 25 minutes 17 seconds East, 675.00 feet;
2. Along the arc of a curve to the right having a radius of 710.00 feet a distance of
246.4l feet;
3. North 77 degrees 18 minutes 24 seconds East, 50.00 feet;
4. Along the arc of a curve to the left having a radius of 735.00 feet a distance of
l64.l9 feet to a point;
RUNNING THENCE still through land now or formerly Thornton Smith the following two (2)
courses and distances:
1. South 15 degrees 24 minutes 03 seconds East, 520.17 feet;
2. South 74 degrees 35 minutes 57 seconds West, 160.89 feet to land now or formerly
Thomas Zaweski and Christine Zaweski;
RUNNING THENCE along land now or formerly Thomas Zaweski and Christine Zaweski the
following two (2) courses and distances:
1. North 15 degrees 24 minutes 03 seconds West, 87.57 feet;
2. South 80 degrees 00 minutes 35 seconds West, 220.16 feet to land now or formerly
Suffolk County Industrial Development Agency;
RUNNING THENCE along land now or formerly Suffolk County Industrial Development Agency
the following two (2) Courses and distances:
1. North 31 degrees 29 minutes 01 seconds West, 338.83 feet;
2. South 57 degrees 25 minutes 17 seconds West, 644.58 feet to the easterly side of
Bergen Avenue and the point of place of BEGINNING.
FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in
IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above
(described premises, to the center line thereof.
. -.. .
CONDITIONS AND STIPULATIONS
7. DETERMINATION, EXTENT DF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Comrany shall only pay the loss pro rata in the proportion that
the amount 0 insurance at Date of Policy bears to the total value" of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, IO
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of aU appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception Is taken in Schedule 8 or to
which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made withouf producing Ihis policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of Joss or destruction shall be furnished to (he salisfaction of the Company.
NM 1 PA 10
ALTA OWner's Policy (10-17.92)
Form 119ll-3 Cover Page
ORIGINAL
(Continued)
(b) When Iiabi]ity and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shalI not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non. insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Ru]es
of the American Arbitration Association. Arbitrable matters may include,
but arc not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn
Center, Philadelphia, Penmylvania 19I03~2198.
Valid Only If Face Page, Schedules A and B Are Attached
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American Land Title Association
Owner's Policy
(10-17-92)
NEW YORK OFFICES
POLICY
OF
TITLE
INSURANCE
"
LJ NEW YORK CITY
655 Third Avenue
New York, New York 10017
(212) 949-{)100
"
LJ BUFFALO
298 Main Street
Buffalo, New York 14202
(716) 853-6800
"
LJ
"
LJ
"
LJ
GARDEN CITY
370 Old Country Road
Garden City, New York 11530
(516) 742-7474
@
855 Third Avenue
New York, New York 10017
Phone: (212) 949-{)1oo
NEW YORK STATE OFFICE
RIVERHEAD
177 Old Country Road
Riverhead, New York 11901
(516) 727-7760
llIU<<l by
WHITE PLAINS
131 Court Street
White Plains, New York 10601
(914) 949-{)002
Commonwealth.
Land Title Insurance Company
Title Insurance Since 1876
NATIONAL TITLE SERVICE
655 Third Avenue
New York, New York 10017
(212) 949-{)100
HOME OFFICE
EIGHT PENN CENTER
PHILADELPHIA, PA 19103-2198
B 1190-3