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IV'IA P --
T£ R R Y VV'A TE R S
['? .,~ Y V / F VV
-/'"OWN OF ..~OUTHOL D
~u~-~-O~ COUNTY
NE W YORK
FILED
~¢, 29 1958
ALeX JAg®ER
ARE/t: $,~ /~CRE$
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8' J/ab flOO/S~O~ Lots 3Z~49, 7O-?g
f/eld or 3 - ~'shal/ow fl~/Y~rZ°?$ 3433?-48:
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HOWARD M. ~gR.Y and JONATHAN H. TwRRY, both residing at
-~outhold, Suffolk County, New York, and CAROLINE T. RO~S, residing
at Exeter, New Hampshire,
the first part, and
HELEN O. COCHRAN
residing at Sou~hold, Suffolk County, Now York,
party of the second part,
~ that the part)- o£ the first part. in consideration of
............ TE~ ($10,} ..............
lawful n'.oney of the United S~ates. md other good and valuable consideration,
by the pa~ty of the ~cond part, does hereby grant and release unto the patty of the ~ond part, the heirs or
successors and usigns of the party of th~ second part forever,
PARCEL I:
A?.r. that certain tract or pamccl of land, with the buildin6s and
improvements thereon erected, situate, lying and boL,'~ at ~yVlew,
~ ~ut~ld, ~ t~ To~ ~ ~t~ld, Cowry ~ S~folk ~d Brats
of New Yo~k~ bo~ded ~d descried as follows:
B~I~ at a ~n~ont on ~ nort~ly l~o of Main B~w
Ro~ about ~00 feet ~sterly a~ said l~o from Ced~ Bo~h Ro~,
be~ ~ sou~wes~vly co~ov of l~d of ~ E. Davis ~d t~
s~t~rl2 eo~r-of t~ p~a ~o~ de.rind;~ ~d ~
a~ a~d ~=12 1~ of Na~ Ba~l~ Ro~,~ mo~sesdist~ce asoff°ll°~:~.~
(X) No=th 6% de~ea ~ ,tn,,~ 40 seoon~ '~eat ,
fset$ (2) No=~ 72 ~ea ~7 ~tea $ aeoo~ West a ~atawo ~
~7~9 feet; (3) No~ ~8 ~es 00 ~s ~ aeoon~ ~est a dis-
t~e of ~.41 f~t; t~noe ~o~ ot~v 1~ ~ ~ p~iea of ~
t p~, 2 oo~aea ~ fo~o~ (l) No~h 27 ~as 23 ~tea
0 ~o~ E~t a d~oo ~ 283~ feet, ~o (2) North 62,
~a 3~ ~u~a 20 aecon~ ~est a dist~oe ~ 17~e0 ~eet ~ 1~
of liazT L. Dayton; thence along said land of Dayton, .Nox~th 27 degrees
23 m~ates 40 seconds East a distance of.978.~6 feet, thence along
land conveyed by the parties of the first part to Frank Stolzer~
South 35 degrees 37 minutes 30 seconds East a distar~e of 526.05 feet;
thence along land of Shipuleski, 3 courses as follows: (1) South 56
degrees 48 minutes 50 accomds East a diata~-e of 320.93 feet; .(2)
North 27 degrees 23 minutes 40 seconds East a distance of 187.26 feet;
thence (3) South 60 degrees 24 minutes 50 seconds East a distance of
204.34 feet; thence along land of Seaweed Acres, Inc., South 59
degrees 59 minutes 40 seconds East a distance of 50.61 feet; thence
partly along said land of Seaweed Acres, Inc. and partly along said
land of Davis South 27-degrees 19 minutes 00 seconds West a distance
of 1056.91 feet to the point or place of beginning,
PARCEL II:
AL~ that certain tract or parcel of land, situate, lying and
being at Bay View, near Southold, in the Town of Southold, County of
Suffolk and State of New Yorkw bounded and described as follows:
BEGII~ING at a point marked by a locust post on the southerl~
line of Main Bayview Road at the northeasterly corner of the p?emises
described (which point is the ;northwesterly corner of land formerl~
of Mattie A. Well~ and now of ~dwa~d Mills); rum~Lu~ then~.e alon~ sa~d
land of Wells 3outh 30 d~g~ees 23 minutes 40~seconda t~est a diets-es
of 8?3.40 feet; x~tun~n~ thence.South 28 de~ees 28 m~nutes 30 seconds
West a d~atance of 5~2.6~ feet, running thence in a southerly and
southwesterly dtr~ction along the line of po.ate and alon~ a d~a~u or
gutter to a point ~hich is South 32-~e~r~ea ~1 ~tes 30 s~..onda
West a distance of 592.38 feet from the last described point,.~c~-
tinu~n~ thence in a south~ly or southw®sterly dir~ction al~n~ Said
land of Mills to ordinary hi~hwater ma~k of pecen~c..B_a~;
themoe alon~ sa~d ordinary h~g.h, wa.te~
de~ees 22 minutes 10 seconds ~es~ & axel;a~ o3[. ~.~..OU_~eG_G~ .
~th 38 degrees 06 minutes ~o se.concs.Eas~
feet to a point ma~ked by a loene~ pos~ on t~e sou~ner~y ~no o~
~a~n Ba~view Road; r.u~n_ in~ then_c? a~.on~
Bayview Roa~, ~outh 66 de~ees o~ m~nu~es ~ seconds East & d~a~anee
of ?~$~94 feet to the po~t of beK~e
~E~VI~G~ however, to the pa~ties of the f~st pa~t
4,mediate f~lioa t~ right to.t~ ~o, in o~n ~ ot~, of a
~t of ~y over ~y ~a~a~ to ~. desi~d~bT.t~
s~oM p~ foF ~o~8 on foot o~ w~th vo~cba
~oa~ 8out~rly ~l P~ol Il to Poco~o B~,
~aa ~d e~els to ~d f?om ~ beth ~ Pio~c
RE3~fII~, however, to, the pax-ties of the f~at pa~t the z.iz.X~at, .
to the of th.
TOG~'~ with all the right~ title and l~te~elt,
pa~ties of 2he fi~stpa~t in and to the land~' wn~r water ~f l'eccn~
Bay in front bf and abutt~n_~ sai~.pr~ lOSe
'I'OGEI'I~iR with all right, title and interest, if any, of the party of the first part in and to any struts and
roads abutting the above described p~'emises to the center lines thereof,
l'o~..~-r[~:~ with the appurtenances and all the eilate and rights of the party of the first part in and to
said premises,
'tO ['IAV~., ~ TO ~Ol.~ the premises herein granted unto the party o{ the second part, the heirs or
successors and assigns of the party of the second part forever.
:;AND tl~ party of th~ first part covenants that the party of the first p~rt has not done or suffered anything
i!wlm't'by tl~ said ~ have been inenmbelx, d in any way whatever, except as aforesaid.
~ the paxi~ of the first part, in compliance with Section 13 of the Lien Law, covenants that the pa.rty of
!ithe first part will tzceiwe 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 purpcoe of paying the cost of the improvement and will apply
~the same first to the pa)anent of the cost of the improvement before using any part of the total o{ the same for
,any other purpose.
The word "llmrty" shall be construed as if it read "parties" whenever the sense of this indemure so r%-quir~s.
I ~ ~ ~'~l~O~, the party of the first pan has duly executed this deed the day and year first above
written.
(L.S.)
On the day of 19 . before
persomHy came
to me Imow~, who, _1~_'~ by me duly ~vorn, dM depae
say that he re, des at No.
STATE OF NIW YOlllr.
Onthe dayoi
~ersomlly came
19
me known to be the im:li'tfid~l dem.'bed ~ ~ who
in and wbJmh ezecutmd, the foeei~m~ infrumem; tht be to Ime Ilmm m~lidUd
to mdcl immmmm h meh mq~mme --~; th~ tt ,,mm I thru h~, mi4 mbc~tlmlmg. ~mm~m~...m ~p~mmm~. ,mm~.. m
tiou, andtlm besi~medh mmetbemobylibeoed~'~latthenlimembm~h muwttmmthe~o.
STATE OF N~W YORK, I
County of Suffolk, ss.:
I, ALEX JAEGER, Clerk of the County of Suffolk and Clerk of the Supreme Court
of the State of New York in and for said County (said Court being a Court of
Record) DO HEREBY CERTIFY that ! have compared the annexed copy. of Deed
Howard N. Terry &ors. to Helen O. Cochran with the original recorde~ ~n
Suffolk County Clerks Office, Riverhead, N. Y.on March 21, 1956 @ 1:26 P. M.
in Deed Liber 40~6 page 269.
..7./'..'~,/'/',/,.~ and that it is a just and true copy of such original record and
- of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and al-
~ -', fixed the seal of said County and Court this 19 day of Dec 1958
......
'"" gC'-'-Emerk' ........
Restrictions for Terry ~aters
1. That only one single family d~olling house on a
solid masonry foundation not over t~o (25 stories high,
for private residential use, and a private garage for
the family.s use, shall be erected on any portion of
this land, which portion shall contain at least 12,800
square feet in area. Right is reserved to use any
portion of the property for agricultural purposes.
2. Dwellings on the waterfront lots (facing Peconic
Bay) shall have a ground floor area of at least 1,O00
square feet~ Other dwellings in the area bounded north-
erly by Bayvie~ Road, easterly by ~lls and Rutzlcr, south-
erly by ~econic Bay, and ~vesterly by land of ~'~ells, shall
have a ground floor area of at lea~ 800 square feet.
3. No trade, craft, or business, or commerce, other
than the office of a doctor, dentist, lawyer, engineer, or
similar profession, shall be conducted on these premises.
4. 1~ fowl, poultry, animals, or livestock, other
than domestic household pets, and no nuisan~.c and unreason-
able noise of any kind, unwholesome and offensive to the
neighborhood shall be permitted to exist on any lot. No
accumulation of rubbish, ~arbage or junk or refuse material
of any kind shall be permitted to remain on any lot.
5. There shall be no outside toilets or outhouses
erected or maintained on ~ny lot, Adequate cesspools or
septic tank and ~rain fields shall be installed and main-
tained in conformance with the rules and regulations of
the Suffolk County Health Department.
8. ]~o fence shall be erected or maintained on any lot
e~ceeding four feet in height. Such fence shall be of
hedge, picket, rail or other construction, excepting solid
board fence, and shall be kept in good repair.
7. The proposed community beach shall be restricted
to the use of residents of the ares covered by the present
nortgage recorded Libor ~816 mp Z68 on ?arch ~l, 1986,
in Suffolk County Clerk,s office, and the existing right
of way, until such time as the roads (present or future)
nay become public roads, and/or the deed restrictions
terminate. The o~mer reserves the right to convey the fee
to the roads (existing or changed to meet high~?ay speci-
fications) to the To~7n of Southold ss a public highvcay.
8. These deed restrictions shall terminate January l,
[968. Release from said restrictions shall be granted
oy the owmer and two-thirds of the property owners
~y number.
9. These r~strictions shall bind the entire tract
>f land at BayView, Tov~ of Southold, Suffolk County,
~ew York, bounded northerly by Bay View Road, easterly
~y lands of ~ills and Rutzler, southerly by Peconic Bay,
~nd westerly by land of ~ells.
SUFFOLK
rt.o U NTY CLERK'S
OFFICE
December ~O, 195~,
Southold Town Planning Board
Southold, L.I.
New York.
Owner: ~iss Helen Cochran
Gentlemen:
The subdivision map of TE~Y %rATERS
At Bayview was fi]ed in this office December
29, 1958 ~ll:OOA.M. under the file nmnber
#2901 and with abstract number ~3152, Book 10
Page 7, Town of Southold.
AJ/jp
CHARTERED
1883
PoLiCY OF TITLE INSURANCE -
~itle Guarantee and Trust Company, in consideration ot the payment o :'
charges for the examination of title and its premium for insurance, insures the 'th'
named insured against ali loss or damage not exceeding the amount of insurance
stated herein and in addition the costs' and expenses of defending the title, es a e
or interest insured, which the insured shall sustain by reason of any defect or de ecl
of~ title affecting the premises described in Schedule A or affecting the interest of the
insured.therein as herein set forth, or by reason of unmarketability of the title of
the insured to or in the premises, or by reason of liens or incumbrances affeCt'm r~al g
title at the date hereof, or by reason of any statutory lien for labor or ate'
furnished prior to the date hereof which has now gained or which may he eaf. ter ga'
priority over the interest insured, hereby, excepting all loss and damage by reason o
the estates, interests, defects, objections, liens, incumbrances and other matters set~
forth:in Schedule B, or ~y the conditions of this policy he;eby incorporated into this
contract, the loss and the 'amount to be ascertained in the manner pro ided in said
conditions and to be' payable upon compl;ance by the insured with the stipulations
of said conditions, and not otherwise.
In lVitness lVhereo/, Title Guarantee and Trust Company has caused this policy
to be signed and sealed on its date of issue set forth herein.
°'Aut~JJ;'dgentkZ Executive VicePresident
Name of Insured H~LEN O, OOCHRAN
The estate or interest insured Dy this policy is fee
simple,
Policy No.
Amount of
Insurance
Date o[ Issue
1215801
$90,000.00
3/21/1956
vestedintheinsured by meanso[ deed from Howard M. Terry, Jonathan H. Terry and
Caroline T. Ross dated 3/20/1956 recorded 3/21/1956 in L~r 4086 page 269.
SCHEDULE A
The premises in which the insured has the estate or interest covered by fhls policy
ALL those certain tracts or parcels of land, situate, lying and
being at Bay View, near Southold, in the Town of Southold, County
of Suffolk and State of New York bounded and described as follows:
PARCEL I: BEGINNING at a monument on the northerly line of Main
Bayview Road about 2400 feet westerly along said line from Cedar
Beach Road, being the southwesterly corner of land of Ann E. Davis
and the southeasterly corner of the premises herein described; and
running along said northerly line of Main Bayview Road, 3 courses
as follows:
(1) North 65 degrees 24 minutes 40 seconds west a distance of 64.45
feet;
(2) North 72 degrees 57 minutes 40 seconds west a distance of 367.49
feet;
13) North 68 degrees 00 minutes 30 seconds west a distance of 445.41
eet;
THENCE along other land of th~party of the firstpart, 2 courses as
follows: (1) North 27 degrees 23 minutes 40 seconds east a distance
of 283.45 feet; thence (2) north 62 degrees 36 minutes 20 seconds
west a distance of 175.0 feet to land of Mary L. Dayton;
THENCE along said land of Dayton, North 27 degrees 23 minutes
seconds east a distance of 978.56 feet;
THENCE along land conveyed by the party of the first part to Frank
Stelzer, South 35 degrees 37 minutes 30 seconds east a distance of
526.05 feet;
THENCE along land of Shipuleski, three courses as follows:
(1) South 56 degrees 48 minutes 50 seconds east a distance of
~20.93 feet;
2) North 27 degrees 23 minutes 40 seconds east a distance of
187.26 feet;
THENCE (3) South 60 degrees 24 minutes 50 seconds east a distance
of 204.34 feet;
THENCE along land of Seawood Acres, Inc., South 59 degrees 59 minutes
40 seconds east a distance of 50.61 feet;
THENCE partly along said land of Seawood Acres, Inc. and partly along
said land of Davis South 27 degrees 19 minutes 00 seconds west a
distance of 1056.91 feet to the point or place of beginning.
SCHEDULE B
The fo~lowlng estates, interests, defects, objections to tltle, liens and incumbrances and other matters are excepted from the coYeracJe of this policy:
I. Defects and incumbrances arislng or becomlng a lien after the date of
this policy, except as aforesaid.
2. Consequences of the exercise and enforcement or attempted enforce-
mens of any governmental war or police powers over the premises.
3. Zonlng restrictions or ordlnances ~mposed by any governmental body.
4. Judgments against the insured or estates, ~nterests, defects, objections,
nons or ~ncumbrences created, suffered, assumed or agreed to by or with
the privity of the insured.
$. Title to any property beyond the lines of the premises or to the lend ~n
or the rlghf fo maintain therein vaults, tunnels, ramps or any other struc-
ture, or improvement or any rights or easements therein unless this po[icy
specifically provides that such lands, righfs or easements are insured; ex-
cept that if the premises abut upon a physically open street or highway,
thls policy, unless otherwise excepted, insures the ordinary rights of access
and egress belonging to abutting owners.
6. Compliance by the buildings or other erections upon the premises or
their use with Federal, State and ~unic}pal laws, regulations and ordinances.
7. Title to any personal property, whether the same be attached fo or used
in connection with said premis.s or otherwise.
8. Mortgage made by the insured to Howard M. Terry, Jonathan H. Terry and
Caroline T. Ross dated 3/~0/1956 recorded 3/21/1956 Liber 2616 of Mortgages
page 268 for ~6h,900.00 and interest.
9. Reservation of right of way in favor of the grantors in deed to the insured.
10. Any state of facts a personal inspection of tB~ premises might disclose.
,ll. Any state of facts which an accurate survey of the premises might show.
12. In the absence of a guaranteed survey, the exact courses and dimensions
are not insured.
13. No title is insured to any land lying below the present or former high water
line of Peconic Bay.
Policy excepts rights of the United States of America to change the harbor
line and to establish or reestablish a bulkhead or pier line different from
the present harbor bulkhead or pier lines of Peconic Bay without compensation
to the insured.
Section One. Definitions
(a) Wherever the term "insured" is used in +bls policy it includes those
who succeed to the interest of the insured by operation of law ~ncludlng,
without limitation, heirs, distributees, devisees, survivors, personal representa-
whom the insured has assigned this policy where such assignment is permitted
by the terms hereof, and whenever the term "insured" ;s used in the conditions
of this policy it also ~ncludes the attorneys and agents of the "insured."
(b) Wherever the term "this company" is used ~n this policy it means
Title Guarantee and Trust Company.
(c) Wherever the term "final determination" or "finally determined" is
used in this policy, if means the final determination of a court of competent
jurisdiction after disposition of all appeals or after the time to appeal has
expired.
(d) Wherever the term "the premises" is used in this policy, it means
the property insured herein as described in Schedule A of this policy in*
eluding such buildings and improvements thereon which by law constitute real
(e) Wherever the term "recorded" ~s used in this polTcy it means, unless
otherwTse [nd[ceted, recorded in the office of the recordlng offTcer of the
county in which property ~nsured herein lles.
(continued
CONDITIONS OF THIS POLICY
Section Two. Defense and prosecution of suits
(a} This company will, at its own cost, defend the ~nsured in all actions
or proceedings founded on a claim of title or incumbrance not excepted ~n
this policy.
b Th~s company she{I have the right and may, at its own cost, maintain
or defend any action or proceed ng re at ng fo the t t · or nterest hereby
insured, or upon or under any covenant or contract relating thereto which it
considers desirable fo prevent or reduce loss hereunder.
(c) In all cases where fh~s pollcy requires or permits this company fo
prosecute or defend, the insured shall secure to if the right end opportunity
to maintain or defend the action or proceeding, and all appeals from any
determination therein, and give it ell reasonable aid therein, and hereby
permDs it fo use therein, et its option, ~ts own name or the name of the
insured.
(d) The provisions of this section shall survive payment by this company
of any specific loss or payment of the entire amount of th~s policy to the
extent that this company shall deem it necessary in recovering the ~oss from
those who may be liable therefor to the insured or fo this company.
Section Three. Cases where liability arises
No claim for damages shall ar~se or be maintainable under this policy
except in the following cases:
(a) Where there has been a final determination under which the insured
rn~y be dlspossessed, evlc+ed or ejected from the premises or from some
part or undivided share or interest therein.
{bi Where there has been a final determination adverse to the title,
upon a Ilea or ~ncumbrance not excepted in this policy.
{c) Where the insured shall have contracted in good faith in writing to
sou the insured estate or interest, or where the insured estate hen been sold
for the benefit of the insured pursuant to the iudgment or order of a court
end the tlt~e has been rejected because of · defect or incumbrance not
excepted ~n this policy end there has been · final determination sustaining
the obiection to the title.
(d) Where the insurance is upon the interest of a mortgagee and the
mortgage has been adjudged by a final determination to be ~nvalid or
ineffectual to charge the premises, or subject to a prior fien or incumbrance
not excepted in thls policy; or where a recording officer has refused to
accept from the insured a setisfactlon of the insured mortgage and there
has been a final determination susta~nlng the refusal because of a defect
in the title to the sa~d mortgage.
la) Where the insured shall have negotiated a loan to be mede on +he
security of a mortgage on the premises and the title shell have been rejected
by the proposed lender end it shall have been finally determined that the
reiectlon of the title wes iustified because of a defect or incumbrance not
excepted in th~s policy.
(f) Where the insured sheU have transferred the title insured by an
instrument containing covenants in regard to title or warranty thereof end
there shall have been a final determination on any of such covenants or
warranty, against the insured, because of a defect or incumbrance not ex-
cepted ~n this policy.
(g) Where fha ~nsured estate or interest or a part thereof has been
tahen by condemnation and it has been finally determined that the insured
is not entitled to a full award for the estate or 1nterest tahen because of
a defect or incumbrance not excepted in +his policy.
No claim for damages shall arise or be ma~ntalneble under this policy
(]) if this company, at+er having received notice of an alleged defect or
incumbrance, removes such defect or incumbrance wlthJn thirty days after
receipt of such notice: or (2) for llabillty voluntarily assumed by the in-
sured in settling any claim or suit without the written consent of +h~s company.
Section Pour. Notice of claim
In case a purchaser or proposed mortgage lender raises any question
as to the sufficiency of the rifle hereby insured, or ;n case actual knowledge
shall come to the insured of any c~aim adverse to fha title insured hereby,
or in case of the service on or receipf by the insured of any paper, or of
any notice, summons, process or pleading in any action or proceed;ag, the
object or effect of which shall or may be fo impugn, attack or call in question
the valldJty of the title hereby insured, the ;nsured shall promptly notify
this company thereof ;n writing et ;ts main office and forward to this company
such paper or such notice, summons, process or pleading. Delay ;n g;v;n9 this
notice and delay ;n forwarding such paper or such notice, summons, process
or plead;ag shall not effect this company's I;eb;lity if such fa;lure has not
prejudiced and cannot in the future prejudice this company.
Section Five. Payment of loss
(a) This company will pay, in addition fo the loss, all statutory costs
and allowances imposed on the insured in I~tlgation carried on by this company
for the insured under the terms of thTs policy. ThTs company shall not be noble
for and will not pay the fees of any counsel or attorney employed-by the
~nsured.
(b) In every case where claim is made for loss or damage th~s company
( II reserves the right to settle, at its awn cost, any claim or suit which may
involve lleb~lity under this policy: or (2) may terminate its liability hereunder
by paying or tender,ag the full amount of th~s pollcy: or (3) may, without
conceding lleb~llty, demand a valuation of the insured estate or ~nterest, to
be made by three arbitrators or any two of them, one to be chosen by fha
insured and one by this company, and the two thus chosen selecting an
umpire. Such valuation, less the amount of any incumbrances on said insured
estate and interest not hereby insured against, shall be the extent of thTs com-
pony's nobility for such cFalm and no right of action shall accrue hereunder
for the recovery thereof until thirty days after notice of such valuation shall
have been served upon this company, and the insured shall have tendered a
conveyance or assignment of the ~nsured estate or interest to thTs company
or its designee at such valuation, dim~nlshed as aforesaid.
(c) Liab~llty to any collateral holder of this poficy shaU not exceed the
amount of the pecuniary ~cterest of such collateral holder in the premises.
{d) All payments under this policy shall reduce the amount hereof pro
santo, except that payments made by th~s company for counsel fees and
dfsbursements ~n defending or prosecuting actions or proceedings in behalf
of the insured and payments made by this company for statutory costs and
allowances imposed on the insured b~ such actions and proceedings shall not
reduce the amount of the insurance.
(e) When liability has been definitely fixed ~n accordance with the
conditions of this policy, the loss or damage shall be payable within thirty
de, ye thereafter.
Section Six. Co-i#$mracce ami apportlo~mecf
(a) In the event that a part;al loss occurs after an alteration or ~mprove.
mens subsequent to the date of this poficy, and only in that event, the
insured becomes a co-insurer to the extent hereinafter set forth.
If the cost of the alteration or improvement exceeds 20 per censure of
the amount insured hereunder, such proportion only of any partial loss estab-
fished shaft be borne by this company as 120 per cenSure of the amount of
this policy bears to the sum of the amount of this policy and +he amount
expended for the alteration or ~mprovement.
This clause shall no+ apply to counsel fees and disbursements incurred
by this company in defending or prosecuting actions or proceedings in behalf
of the insured pursuant to the terms of this policy or to costs ~mposed on the
~nsured ~n such actions or proceedTngs. This clause shall not apply fo losses
which do not exceed Tn the aggregate an amount equal to one per censure of
the face amount of this policy. ThTs company will pay such fees, disbursements,
costs and losses without contribution by the insured.
(b) If the premises are d~v[slble into separate, independent parcels,
and a loss is established affecting one or more but not all of smd parcels,
the loss shall be computed and settled on a pro rata bas~s as if this policy
were d~vTded pro rata as fo value of said separate, independent parcels,
exclusive of improvements made subsequent to the date of +h~s policy.
{c) Clauses "(a)' and "(b)" of this section apply fo mortgage policies
only after the insured shall have acquired the interest of the mortgagor.
(d) If, at the time I~abillty for any loss shall have been fixed pursuant to
the conditions of fh~s policy, the insured holds another policy of insurance
covering the same Io~s issued by another company, this company shall not be
liable fo the insured for a greater proportion of the loss than the amount that
this poficy bears +o the whole amount of ~nsurance held by the insured, unless
another method of apportioning the loss shall have been provided by agree-
ment between this company and the other insurer or ~nsurers,
Section Seven. Assignment of policy
All liabifify of this company shall cease if this policy shall be assigned
un'ess the assignment ;s permitted by the provisions of the filed Rate Manual
of this company in effect at the date of such assignment. Where the assign-
ment ~s permiHed by such Rate Idanual and is mede in compfiance with the
requirements thereof, neither wriHen consent by this company nor formal
endorsement on this poficy shall be necessary. In no case provided for in
this section shaU this company be deemed to have guaranteed the sufficiency
of +he form of the assignment or other instrument of transfer or conveyance
or to have assumed any liability for the sufficTency of any proceedings after
fha date of this poficy.
Section Eight. Subrogation
(a} This company shall to the extent of any payment by it of loss under
this policy, be subrogated to all rights of the insured with respect thereto.
The insured shall execute such instruments as may be requested to transfer
such rights to this company. The rights so transferred shall be subordinate
to any remaining interest of the insured.
(b) ~f the ~nsured Ts a mortgagee, acceptance by the insured of an
addlt~onel mortgage to secure an additional ~oan, or an agreement for
modification by the insured of the terms of payment of the insured mortgage
or for the consolidation or spreading thereof shall not constTtute a breach of
fha covenant of subrogation Jn clause "(a)' of th~s section, provided such
acts do not affect the val[dlty or priority of the llen of the mortgage insured.
However, the liability of this company under th~s policy shall not exceed, in
any event, the amount due to the insured on the insured mortgage at the
time of fha acceptance of the addlfiona~ mortgage or the execution of such
agreement.
Section Nine. Misrepresentation
Any untrue statement made by the ~nsured, w~th respect to any material
fact, or any suppression of or failure to disclose any mater~al fact, or any
untrue answer by the insured, to material inquiries before the issuance of this
policy, shall veld th~s policy.
Section Ten. No walYer of conditions
Th~s company may fake any appropriate action under the terms of +his
policy whether or not it shall be liable hereunder and shall no+ thereby con-
cede liability dr waive any provision of fhls policy.'
Section Eleven. Policy entire contract
^ri actions or proceedTngs against th~s company must be based on the
provlslons of this policy. Any other action or actions or rights of action that
the ~nsured may have or may bring against this company ~n respect of other
services rendered ~n connection with the issuance of this pollcy, shall be
deemed to have merged in and be restricted to ~ts terms and condDions.
Section Twelve. No oral modification
The provisions of this policy cannot be changed orally, but can be
changed only by a wrlting endorsed hereon by a proper officer of this
company
pOLTC¥ OF T TLE INSURANCE
Main O~ce: 176 BROADWAY, NEW YORK 38, N' Y' WOrth 4-1000
Comp~te Tit~ l~urance ~w YORK · NEW JERSEY* CONNECTICUT
Semite through~t... VERMONT · MAINE · MASSACHUSE~S
Rei.s.rance f. dlities ~vailable ta~ga primary
title &sarers in m~a~ ~t~er states
#1215801 -2-
PARCEL II:
BEGINNING at a ~m[nt marked by a locust post on the southerly line of
Main Bayview Road at the northeasterly corner of the premises herein
described (which point is the northwesterl~ corner of land formerly
of Mattie A. Wells and now of Edward Mills); running
THENCE along said land of Wells South 30 degrees 23 minutes $0 seconds
west a distance of 873.40 feet; running
THENCE south 28 degrees 28 minutes BO seconds west a distance of
542.64 feet; running
THENCE in a southerly and southwesterly direc~on along the line of
posts and along a drain or gutter to a point which is south 32 degrees
41 minutes 30 seconds west a distance of 592.38 feet from the last
described point; continuing thence in a southerly or southwesterly
direction along said land of Mills to ordinary highwater mark of
Peconic Bay; running
THENCE along said ordinary highwater mark of Peconic Bay, No~th 66
degrees 22 minutes 10 seconds west a distance of 1011.80 feet to
land of Nary L. Dayton; running
THENCE along said land of Dayton North 38 degrees 06 minutes 30
seconds east a distance of 2036.39 feet to a point marked by a
locust post on the southerly line of Main Bayview Road; running
THENCE along said southerly line of Main Bayview Road, South 68
degrees O0 minutes, 30 seconds east a distance of 744.9~ feet to
the point of beginning.
Form San. RS-2
$CDH
Suffolk County Department of Health
Riverhead, New York
Philip J. Rafle, M. D.
C',Ommi-siOner
CERTIFICATION OF APPROVAL .OF REALTY SUBDIVISION' PLANS
This oertificote is issued under the provisions of th~'Suffblk County Sor~itory Code in connection
i with the approval of plans on .1,2,~ ............. for your realty subdivision known as ........................
_ The following data was furnished in connection with the ssion of the plans.
Acres (approx.) ..... ~.... No. of Lots ..~.~ ...... Size 100~
i Topography ......... ~.BI~.. ~ ......
lc&at 1~0 ~q. ft. o~ out~ ~de ~&z~a frazee ~nbt l~Lp~ ~u natural ~
Up 'to ~ dep~ of ~ .t,k. b~lo~ fln~atmd tTad~j ~C b~6~ml ~d' pooJ. ~J ~
Approval of this subdivision is granted on condition: (Cat~nul~ aa ~ ~Ld~)
1. That the proposed facilities for water supply and sewage disposal are installed in conformity
with said plans, v&t, dG"
2. That private/sewage posal systems shall no longer be constructed or used after publicl~jl,
-rage facilities become available.
V.VanTuT1
~ Lioemeeo
~tr~t OfA'~A~ o
/, ~1~.?',~. ,<~,-. ~,~,~.~c~
H. W. Davids, P. E., Director,
Division of Environmental Sanitation
~ostrtctionsfer Terr~ ~aters
, ne single family d%,~elling house.on a
1. That only.o ..... t over two (25 stories
solid masonry foundation
for private residentisl use, and a primate Eara~e for
the familyTM use, shall be erected on any portion of
this land, which portion shsll contain st least 12,500
square feet in area. Right is reserved to use any
.tlon of the property for aErieulSurS1 purposeS.
2. IAMellings on the waterfront lots (facing peconlc
~ay) shall have a ground floor ares of at least 1,000
~quare feet. other dwollings in the area bounded north-
~rl~ by BayvievJ Road, easterl~ by ¥ills and Rutzlor, south-
0rly by pecontc E. ay, and westerly by land of ~'~ells, shall
a ground floor area of at lea~ 800 square feet.
usiness, or commerce, other
3. ~o trade, craft, or ~entist, la~yer, engine?r, or
the office of a doctor,
Ilar profession, shall be conducted on these premzses.
4. No fo~l, poultry, animals, or livestock, other
domestic household pets, and no nuisance and unreason-
noise of any kind, unwholesome 8nd offensive to the
.orhood shall be permitted to exist on any lot. No
~ccumul~tion of rubbish, ~srbaSe or 3unk or refuse material
~f any kind shall be permitted to remain on any lot.
5. There shall be no outside toilets or outhouses
~ected or maintained on ~ny lot. Adequate cesspools or
tic tank and drain fields shall be installed and main-
~ained in conformance v~ith the rules and regulations of
suffolk County ~ieslth Department.
6. ]7o fence shall be erected or maintained on any lot
S four feet in height. Such fence shall be of
picket, rail or other construction, exceptinE solid
~oard fence, ~nd shall be kept in good repair.
7. The proposed cormnunity beach shall be restricted
~o the use of residents of the ares covered by the present
~sge recorded I.iber 2616 mp 268 on ~'~rch 21, 1956,
Suffolk County Clerk's office, and the existing right
.f w~y~ until such time ~s the ro~ds (present or future)
my become public roads, and/or the deed restrictions
~erminate. The orJner reserves the right to convey the fee
the roads (existing or changed to meet hi[ghYJay speci-
~tionS) to the TovJn of Southold ss a public highway.
8. These deed restrictions shall terminate january l,
968. Release from said restrictions shall be granted
the owner and two-thirds of the property owners
number.
9. These restrict!~-on~ shall bind the entire tract
f land st BayVie~, Tov~ ox Southold, suffolk County,
eW ~ork, bounded northerly by Bay View Road, e~sterly
lsnds of ?~ills and Rutzler, southerly by ?econiC Bay,
westerly by land of Wells°
Dece~er ~, 1964
Helen Cochron
Main Road
8outhold, New York
RE: Terry Waters
Dear Miss cochron:
The Planning Board has been advised to review the fe~ subdivisions
which we have approved and waived performance bond and the construction
of highways upon the owner's statement that ~l~e would dedicate to the
Town as soon as possible. The To~vn, some tim~ ago, established new
al~ecificatlons for dedication. The Planning Board has been requiring
performance bond~ for highway construction in subdivisions. Accord-
ingly, we would appreciate hearing from you as to the condition of the
roads in the subdivision, Terry Waters, located in 8outhold, We would
also like to know what progress you have made toward dedication of the
roads to the Town of Southold, and what progress you expect to make in
the next six months.
Very sincerely,
John Wickham, Chairman
SoutholdTown Planning Board