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HomeMy WebLinkAbout1000-107.-4-24 4 6 /.,n ,c/er r'/"¢ APPROVED BY PLANNING BOARD HENRY E. KAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 September 2~, 1982 TELEPHONE 765-1938 Dr. J. Martin Semer Iris Acres P.O. Box 1230 Mattituck, New York 11952 Dear Dr. Semer: The following actions were taken by the Southold Town Planning Board, Monday, September 20, 1982. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Dr. J.M. Semer, located at Mattituck. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve a set-off 106-13 as designated on the map of Dr. J.M. Semer, dated August 10, 1982, located at Mattituck and improvements of the right-of-way would be subject to Planning Board consideration of Inspector John Davis' report. Please submit the filing fee in the amount of $50 and six (6) copies of the final map for those referrals necessary under the State Environmental Quality Review Act. At such time as the maps have been endorsed by the Chairman, two copies will be returned to you for your records. If you have any questions concerning the above, please feel free to contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: John Davis, Inspector By Susan E. Long, Secretary Southold, N.Y. 11971 (516) 765-1938 June 12, 1986 Mr. David Saland Saland Real Estate,Inc. Main Road Jamesport, NY 11947 Re: Dr.J.M. Semer set-off Dear Mr. Saland: Enclosed is a survey for the above mentioned approved set-off which has been endorsed by the Chairman. We understand that you are now the owner of this property. Please contact this office if you have any questions. Very truly yours, enc. BENNETT ORLOWSKI, JR., CHAIRMAN S~THOLD TOW~ PLANNING BOARD By Diane M. Schultze, Secretary (cont'd) Water Supply System A Public Water Supply System Individual Water Supply System(s) Other: 6. Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Articles V and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full considera- tion in placement of water supply wells and disposal systems is given to State and Town wetland requirements. The Health Depart-' ment maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Articles VII and XII. The Lead Agency is requested to forward a copy of this form to the applicant, with its findings. Further comment may be provided upon completion of the application review. Name c_-- ~~ ~' /c~ Phone ~--/~/~--. ~ ~ COUNTY OF SUFFOLK PETER F. COHALAN EUFFOLK COUNTY EXECUTIVE DEPARTMENT OF' HEALTH SERVICES DATE: We are in receipt of your letter dated above referenced project. concerning the 1. This Department has no objection to your designation of lead agency status. 2. Insuffic£ent information is available for technical comments. 3. There is no record of an application to this Department. [] A more accurate project location is needed. (Suffolk County Tax Map No.) 4. This Department has received an application and it is: [] Complete [] Incomplete [] Other: It appears that the project can be served by: Sewaqe Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: WWM-067 (OVER) (516) 548-331~  D T, ,LD Y Southold, N.Y. 11971 (516) 765-1938 June 12, 1986 Mr. David Saland Saland Real Estate,Inc. Main Road Jamesport, NY 11947 Re: Dr.J.M. Semer set-off Dear Mr. Saland: Enclosed is a survey for the above mentioned approved set-off which has been endorsed by the Chairman. : We understand that you are now the owner of this property. Please contact this office if you have any questions. Very truly yours, enc. BENNETT ORLOWSKI, JR., CHAIRMAN SQUTHOLD TOW~ PLANNING BOARD By Diane M. Schultze, Secretary P · D Southold, N.Y. 11971 (516) 765-1938 April 29, 1986 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Dr. J.M. Semer located at Mattituck. Tax Map No. 1000-107-4-2. This project is unlisted and an initial determination of nonsignifi~ has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until May 13, 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. cc: By Diane M. Department of Health Services Schultze, Secretary Saland Real Estate, Inc. Licensed Real £state Brokers Main Road, Jamesport, NY 11947 - (516) 722-4990 Main Road, Southold, NY 11971 - (516) 765-9805 986 REALTOR" April 5, 1986 Southold Town Planning Board Main Road Southold, NY 11971 Dear Sirs: Please find enclosed six prints of the final set off map for the Dr. J. M. Semer property in Mattituck, New York along with my check in the amount of $50 which represents the filing fee for this apDlication. It is my understanding that upon receipt of these maps and the filing fee the file will be complete and be placed on the calendar for a final hearing. Should th&s not be the case, please advise me as to what else is needed to complete the file. ~S:ml ERCS. P. S. As I am the contract vendee on this property, I would appreciate your advising me as to the Drogress of this set off. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RJTCHiE LATH)aM, Jr. WILLIAM F. MULI~N, Jr. PL~D Southold, N.Y. 11971 TELEPHONE 765-1938 October 27, 1982 Dr. J. Martin Semer Iris Acres P.O. Box 1230 Mattituck, New York 11952 Dear Dr. Semer: The following resolution was passed by the Southold Town Planning Board, Monday, October 18, 1982. RESOLVED that the Southold Town Planning Board approve Inspector Davis' report #247 for the improvements of the right-of-way designated on the map of Dr. J.M. Semert located at Mattituck. A copy of the above report has been enclosed for your information. If you have any questions concerning this report, please feel free to contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. By Susan E. Long, Secretary OCT 6 1~ ~ ~CRSS at I~?T~TUC~ · ccess ~ad to ~Set off" Lotn October 5;, 1~82 ~e existieg gradieat ia ~ 25 ft. R.O.W. slopes dram from MI1 Lane for about 1~O ft. a~d t~e~ rises fer abo~t the sa~ distans~ ~he re~ai~ dLstance is fairly level. ~e ~ and plus slopes neke a los point ia the R.O.~/. A~-O, runoff fr~a a p~tioa of the field area goes to thJa Iow point. ~ere is so~e ewt dense cg p~adL~g there. ~r. F---~-_-, aa adjacent proper~ c~ner to the R.O.~., t~ld ~e that he had never see~ luff ~aJor .~J. ood4,~_~ ~n the lc~ area. However, heavy rainfall er frosm ground ~ight result in a drainage p~oble~. Install~tica of a leaobi~g basin at the low point is advisable. ~ranches frc~ trees on the ~a~iag azd Emsen lots will have to be triced for clearence c~ the R.O.¥. Fo~ test holes ia the R. 0.W. indicate an average c~ 1.% ft.+_ ~ hard-paokad top soil to smd azd grav~. l~eoolaaenda t~ons s 1. Road ~idth 16 2. W-cavate topsoil for 12.. (260 O.Y.) 3. Replace topsoil -~_avation with 12" of ~krun ~ a~ grave3 (2~0 G.~.) 4. FLaoe 4" of bankr~ packing ~a~rial (send, gravel and loss) ca the ~laceneat · aterial (§5 5. Place a 2" compacted top course of stone b~end. 6. Install a 2-ring leaching basin at the low point on t~ east side c~ P.O. BOX 1230 MATTITUCK, NEW YORK 11952 (516) 298-8239 DR, & MRS. J. M. SEMER August 23, 1982 Southhold Planning Board Southhold Town Hall Southhold, New York 11971 Dear Sirs: Enclosed is my application for a minor subdivision on my farm in Mattituck. The farm known as Iris Acres is presently a horse breeding farm and includes a main residence which ultimately will be for my own occupancy. I employ a full time farm manager who is a vital employee for the operation of the farm and it is necessary for me to construct a home for him to live in. It is for this reason that I am applying for a minor subdivision in order to construct a home for my farm manager. The location of the subdivision is on the enclosed map. There is presently an existing house at this location which is presently unhabitable.and wil~ therefor~ have to be rebuilt. There are existing electrical service, water service and cesspools at this location. I am told by the building department that a sub- division would have to be applied for even though there is an ex- isting house at this location, which according to the previous owners, was occupied within the last two years. I would prefer to replace the existing house with a new house without a minor smbdgZi~J~nn, however, if the board feels that a sub- division would be necessar~ I therefore, apply for the subdivision designated on the enclosed map. JMS:sw P. S. Thank you for your consideration. y truly ours I am enclosing the title insurance policy which will describe in detail the property I presently own. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) ,~ 2. The name of the subdivision is to be ....... ..~..~..~..~..~....~..' ...... ~...~..~.l'..~. ....... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ....~..l.~..~. ........... Page ..~.l ............ On ...~..~--~..6.[.(.~.l .... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... as devised under the Last Will and Testament of ....................................... or as distributee ........................................................................ 5. The area of the land is .... ¢. 7I ........ acres. All taxes which are liens on the land at the date hereof have been paid except .. ~f~-.... 6. 7. The land is encumbered by ............................................................. mortgage (s) as follows: (a) Mortgage recorded in Liber ................ ~ I.t~ Page .~.~../.. in original amount (~lii~.~t.~.0~d2aid a~,~t $ ..I.~i-~[,~.0.., .... held by~...~..~C~... ..... ... ......................... of ..~..~4'.0(~. unpaid am.~ount (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except .. '~.~ ............ ...... ............................................ i0. No part of the land lies under water whether tide ~vater, stream, pond water or otherwise, ex- 11. The applicant shall at his expense install ail required public improvements. 12. The land ~e~) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be laid by ........................................................... 14. and (a) (no) charge will be made for installing said mains. /7 Electric lines and standards will be installed by .... ..~.~.~..~.~ ....... .~..~.(.~ .............. ..................................... and ~(~tr) (no) charge will be made for installing said lines, 15. Gas mains will be installed by ........................................................... and~ .... (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold High~vay system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicaut will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public itnprovements will be $ ..... .Q~. as itemized in Schedule "E" hereto annexed and requests that the maturity of the DATE Performance Bond be fixed at .............. years. The Performance Bond xvill be written by a licensed surety company unless otherwise shown on Schedule "F". ............. .... .... (Na~' Applicant) f"] ............... (Signatu e and Titl0 ........ .... ..... (Address' STATE OF NEW YORK, COUNTY OF . .. ~...O:-~..o.M.~,_~. ............. ss: On the ............... day of .............. 19.~...~., before me personally came .......................................... ¥ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. SHERRY WElsg STATE OF NEW YORK, COUNT~ OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came ...................... to me knoxvn, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than fobuudation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, (-~) ill ordc:r to onsver the questions in this short EAF i~ Ls assumed that the preparer vi!l use currently available information concerning the projecL and Lbo lihely im:~cLs of ~he action. I~ is no% expec%cd ¢h0¢ additional s~udies, re:~esrch or o~her investlgotions ~',ill be undertaken. (b) If any quer, tion bas been ons',~ered Yes the project may be ~lgnifican~ and o compl¢:~ed Envlronmen~al Assessment Form is necessary. (c) If oil quesLions bare been gnswered No i~ is likely that ~his pro~ect is hal slgnificont. (dj Environmental Assor, smen¢ ' 1. ~'i~l projec'L zesu~-ln a large phTsicol change to ~he p=o~ecL silo or physically al~er more ~ them 10 acres of l~nd? .................... Yes 2. WZll there be a ma~or chanoe to any unique ~" -unusual laad ro~m found on the sl~e? ......., YesJ/~O. , 3. Wltl pro~ec¢ al~er o: have a large' efFec~ on existing body of wo~er? ................... Yes, 4. Wilt pzojec~ have o potentially large impact ' · on ~rcundvtater quolitT?.... .......... - · --- .. . Yes, flo~'~ on ad)acen~ sites? ..................... Yes 6. ~','ill project affect any %hrea¢cned or cndoagercd plan% or onimal species? ..... Yes on air (iualily?... ~ ....... ........ . .... 8. ~'lili prc~ject hove o major effect on visual character of the coramuaiiy or scenic views or vlsLos known to:be important to the community?.,, 'Yes, 9. [1~1 project adverse~), impac~ any site or .- structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental oreo by a local agent),? ............ ~:..-'..;-.v....~"~..~- Yes. lO. ~'till project have a major effect on existing or future recreolion~] opportunities? ......... Yes, ~o 11. ~'Z.ill project result in .major frof~i'c problems or. c~use o major effect ia existing /~. transportation systems? ....................... YeS ~mxo 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os a result of the project's ~N//o' opera[ion? ......... · ............................ Yes, , 13. ~'/ill project have any i~npoct on public health- or safety? Yes ~ 14. ~'Jil! p~ojecL affiect the exlsiing community by directly causing o Drowth in permoncn~ population o~ more than 5 perce~t over o one year period or have o major negative On ibc choro~cr of lbo community or 15. Is ther~ public contr~ersy concerning the ~ TITLE INSLIRPiNCE POLICY THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY, a New York Corporation, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a California Corporation, jointly and severally, together herein called "the Company," in consideration of the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects 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 affecting title at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of a lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth in Schedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. ~H C~i~HeS~ C~¢peOf~. the companies have caused their corporate names and seals to be hereunto affixed by their duly authorized officers. PIONEER NATIONAL TITLE INSURANCE COMPANY THE TITLE GUARANTEE COMPANY 704 REV. 5M 5/81 Name of Insured Policy No. T 1281-02350 JERRY MARTIN SEMER IRIS S. SEMER, his wife Amount of Insurance $320,000.00 Date of Issue 10/6/81 The estate or interest insured by this policy isfee simple vested in the insured by means of a deed made by George V. Dickerson and Philemon T. Dickerson to the INSURED dated 10/6/81, recorded 10/9/81, and a deed made by Clevy Feinberg and Gilbert Feinberg, as Executors of Harold Feinberg to the INSURED dated 10/6/81, recorded 10/9/81. SCHEDULE"B" The following estates, interests, defects, objections to title, liens and incumbrances and other matters are excepted from the coverage of this policy: f. Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental, war or police powers over the promises. 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to use, occu- pancy, subdivision or improvement of the premises adopted or imposed by any governmental body, or the effect of any noncom- pliance with or any violation thereof. 4. Judgments against the insured or estates, interests, defects; objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the insured. 5. Tit/e t~anypr~pertybey~ndthe/ines~fthepremises~~rtitjet~areaswithin~rrights~reasementsinanyabuttingstreets~r~ads~ avenues, lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement, un/ess this po/icy specifically provides that such tit/es, rights, or easements are insured. Notwithstanding any provisions in this paragraph to the contrary, this po/icy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Title to any persona/property, whether the same be attached to or used in connection with said premises or otherwise. A. No title is insured to any land lying below the high water line of Long Creek as the same now exists or formerly existed. B. Rights of the People of the State of New York in those portions of of premises now or formerly under the waters of Long Creek. C. Rights of the Federal Government to enter upon and take possession without compensation of lands now or formerly lying below the high water mark of Long Creek. D. Riparian rights of others than the insured in and to the waters of Long Creek as the same adjoins the premises described in Schedule Reservation in Liber 6129 cp 221. F. Lighting Easement in Liber 1278 cp 197. SCHEDULE "B" OF THIS POLICY CONSISTS OF ~ SHEET(S). THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY 715 REV. 15M 5/81 Policy No. T 1281-02350 SCHEDULE "B" (continued) G. Any state of facts an inspection of the premises might show. H. 1) Dwelling with barn and numerous farm buildings; 2) Long Island Lighting Company Easement and towers in northery part of premises. As shown on a survey by Van Tuyl & Son dated 1/25/67, redated 2/26/80 and subject to any changes since that date. I. New York and Federal Estate Tax against Harold Feinberg, dec'd, but company insures that same will not be collected out of the herein described premises. J. Unpaid water or sewer rent charges, if any. K. A mortgage made by Jerry M. Semer a/k/a Jerry Martin Semer and Iris S. Semer, his wife to The Federal Land Bank of Springfield dated 10/6/81, recorded 10/9/81 in the amount of $125,000.00 and interest. L. A mortgage made by Jerry Martin Semer and Iris S. Semer, his wife to George V. Dickerson, Philemon T. Dickerson and the Estate of Harold Feinberg dated 10/6/81, recorded 10/9/81 in the amount of $82,000.00 and interest. THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY 716 REV. 5M 9/81 Policy No. T1281-2350 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, with the buildings 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 monument on the northerly line of the "Old Road" 291.89 feet westerly along said northerly line from Mill Lane, said point of beginning being the southwesterly corner of land of Hansen; from said point of beginning running along said northerly line and along the northwesterly and then the westerly line of said "Old Road" four courses: 1. South 48 degrees 13 minutes 00 seconds West 66.85 feet; thence 2. South 21 degrees 24 minutes 40 seconds West 120.34 feet to a monument; thence South 5 degrees 49 mini ~0n~W~s~ 78.51 feet to a monument; thence ~!~: ~ ~ 4. South 1 degree 54 min Mattituck Park 1. North 89 degrees 34 2. South 55 degrees 18 3. South 27 degrees 19 minU~es i northerly line of THENCE along said seconds West 20.01 feet; 158.05 feet to land of land, three courses: t, 24.26 feet; thence 733.03 feet; thence 127.63 feet to the 27); 56 minutes 40 .y of Ralph W. Tuthill; THENCE still 1. North 27 2. North 84 ordinary along land now or formerly of Ralph W. Tuthill two courses: degrees 19 minutes 00 seconds West 614.10 feet; thence degrees 35 minutes 00 seconds West 286.22 feet to high water mark of Long Creek; THENCE Northerly along said high water mark as measured by a tie line North 6 degrees 57 minutes 40 seconds East, 578.44 feet to land now or formerly of Leo Grande; THENCE along said land of Leo Grande the following five and distances: (5) courses 1. North 74 degrees 21 minutes post; thence 2. North 19 degrees 06 minutes monument; thence 3. North 20 degrees 12 minutes post; thence 4. North 16 degrees 28 minutes monument; thence 40 seconds East 477.80 feet to a 20 seconds West 848.89 feet to a 30 seconds West 209.52 feet to a 50 seconds West 220.92 feet to a THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY 716 REV. 12.5M 2/84 Policy No. T1281-2350 SCHEDULE "A" The premises in which the insured has the estate or interest covered by this policy 5. North 18 degrees 13 minutes 30 seconds ~est 907.98 feet to a monument on the southerly line of Mill Road; THENCE along said southerly line the following two courses and distances: 1. North 83 degrees 38 minutes 10 seconds East 475.19 feet; thence 2. North 79 degrees 23 minutes 30 seconds East 323.73 feet to the westerly line of said Mill Lane; THENCE along said westerly line the following two courses and distances: 1. South 20 degrees 36 minutes 30 seconds East 1201.91 feet; thence 2. South 20 degress 07 mir 40 seoOnds East 1087.63 feet to a monument and said land of ; THENCE along land of West 142.22 feet to aU 69 degrees 43 minutes 40 seconds ; THENCE along land of Hansen the 1. South 69 degrees 43 minutes 2. South 20 degrees northerly side of the courses and distances: West 141.61 feet; thence 302.17 feet to the and the Point or place of BEGINNING. THE TITLE GUARANTEE COMPANY and PIONEER NATIONAL TITLE INSURANCE COMPANY -~on 6 ~) In the event that a partial lorn occur~ after the imured makes an rovement subaequeht m the date of this policy, and only in that ,t, the insured becomes a coimurer to the extent hereinafter set h. ~ the cost of the improvement exceeds twenty per centum of the ~unt of this policy, such proportion only of any partial loss estab- d shall he borne by the company az one hundred twenty per um of the amount of this policy hears to the sum of thc amount of policy and the amount expended for the improvement. The fore- ~g provhions shall not apply to costs and attorney~' fees incurred he company in prosecuting or providing for the defense of actions · roceedings in behalf of the inzuredpursuant to the terms of this zy or to coats imp~ed on the insurcdin such actions or proceed- , and shall apply only to that portion of logscs which exceed in thc egate ten per cent of the face of thc policy. -ovided, however, that the foregoing coinsurance provisions I not apply to any lo~ arising out of a lien or incumbrance for a idated amount which existed on thc date of this policy and was shown in Schedule B; and provided further, such coinsurance 'lsions shall not apply to any l~z if, at the time of the occurrence !ch loss, the then value of the premises, as so improved, docs not cd one hundred twenty per ccntum of the amount of this policy. ,) If the premises are divisible into aeparatc independent parceLs, a lo~s is estab shed affecting one or more but not all of said els, the lozz shall be computed and ~ttlcd on a pro rata basis az is policy were divided pro rata aa to value of said separate, pendent parcels exclusive of improvements made subsequent to ~ate of this policy. ) Clanses "(a)" and "(b)" of this section apply to mortgage les only after thc insured shall have acquired the interest of the gagor. ) If, at thc time liability for any loss shall have been fixed pur- r to the conditions of thi~ policy, the insured holds another policy · urance covering the same lo~ issued by another company, this ,any shall not he liable to the insured for a greater proportion of ~s than the amount that this policy hears to the whole amount of ance held by the insured, unless another method of apportioning ~s shall have been provided by ageeemcnt between this company the other insurer or insurers. ion 7 ASSIGNMENT OF POLICY the interest insured by thil policy is that of a mortgagee, this y may he a~igoed to and ~ inure to the benefit of succe~ive ~ees of the mortgage without consent of thi~ company or its en- merit of this policy. Provision is made in the rate manual of York Board of Title Underwriters filed with the Superintendent · urance of the State of New York on behalf of this and other COINSURANCE AND APP~TIONMENT member companies for continuation of liability to grantees insured in certain specific circumstances only. In no circun~ provided for in this section shall this company be deemed t, insured thc sufficiency of the form of the aa.sigoment or other ment of transfer or conveyance or to have a~umed any liability sufficiency of any proceedings after the date of this policy. 8eetaon 8 SUBROGA (a) This company shall to thc extent of any payment by it under this policy, be aubrogated to all rights of the insure, respect thereto. The insured shall execute such instruments as requested to transfer such rights to this company. The rights so ferred shall he subordinate to any remaining interest of the in (b) If the insured is a mortgagee, this company's right of su~ tion shall not prevent the insured from re]casing the personal li~ of thc ob]igor or guarantor or from releasing a portion of thc pr~ from thc lien of the mortgage or from increasing or otherwise m lng the insured mortgage provided such acts do not affect the v: or priority of the lien of the mortgage insured. However, thc li~ of this company under this policy shall in no event be increa~ any such act of the insured. Section 9 MISREPRESENTA' Any untrue statement made by the insured, w~th respect t. material fact, or any suppression of or failure to disclose any m~ fact, or any untrue answer by the insured, to material inquiries the issuance of this policy, shall void this policy. Section 10 NO WAIVER OF CONDITI This company may take any appropriate action under thc te~ this policy whether or not it shall bc liable hereunder and sha thereby concede liability or waive any provision of this policy. Section 11 POLICY ENTIRE CONTI~ All actions or proceedings against this company must he bas. the provisions of this policy. Any other action or actions or rig action that the insured may have or may bring against this con- n respect of other Serxdces rendered in connection with the )f this policy, shall he deemed to have merged in and he restrict ~ts terms and conditions. Section 12 VALIDATION AND MODIFICA'I This J.L~qicy is valid only when duly slgocd by a validating agent. ~hanges may be effected only by written endorsement. recording date of thc instruments creating the insured interest is .than thc policy date, such policy shall also cover intervcn/ng lle ENDORSEMBNT8 ¢r J J RECEIVED BY :~OUTJtOLO TOWN PLANNING OOARO , ~ t982 ,zm,'~ 0 7' " ' OFF IV'. // //