HomeMy WebLinkAboutNorris, Wendy Greer aka Elmore (Marratooka access)1000-115-3-23.1
(f/k/a 1000-115-3-22 & 23)
Baseline Documentation
Premises:
2595 New Suffolk AvenUe
Mattituck' New York
1.9 acre
Open Space Acquisition
WENDY GREER NORRIS
a/k/a WENDY ELMORE, Ancillary
Administratrix of the Last Will and
Testament of BRUCE A. NORRIS
to
TOWN OF SOUTHOLD
Executor's Deed dated November 14, 1990
Recorded November 20, 1990
Suffolk County Clerk - Liber 11176, Page 136
SCTM #:
Premises:
Hamlet:
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Zoned:
Existing Improvements:
1000-115-3-23.1
(f/Ua 1000-115-3-22 & 23)
2595 New Suffolk Ave
mattituck
$140,000.00
Open Space Capital
Funds
n/a
1.9 acre
R-40
In August 1990 -
Partial split rail fencing along New
Suffolk Avenue, fresh water
wetland along Marratooka Lake
Section I - Entire Parcel
Description of the Site and Valuation Influences
There are two vacant, unimproved, parcels
that adjoin each other on the south side of
New Suffolk Avenue on ~rratooka Lake in the Hamlet
of Mattituck; Town of Southold; County of Suffolk;
State of New York.
Parcel No. 1.
District: 1000; Section 115; Block 003.00; Lot 022.000.
The lot dimensions for this parcel are as
follows:
South on New Suffolk Avenue = 121'
West ....................... = 170'
North bordering on
Marratooka Lake ............ = 115'
East ....................... = 165'
This l~t is approximately one-half acre in total
size.
The lot is wooded and appears to be mostly
wetland.
It is reported to this Appraiser that the
To~m of Southold does not currently carry a
vacant land Certificate of Occupancy or a building
permit for this parcel.
This vacant parcel does not appear to be
buildable, and the Town of Southold would require
an application before a decision could be rendered
with regard to its buildability.
However, for the purpose of this appraisal,
the value will reflect a non-bui]dable parcel.
Description of the Site and Valuation Influences
continued
Parcel No. 2. adjoins Parcel No. 1. to the
east.
This property is identified under the
Suffolk County Real Property Tax Rolls as follows:
District: 1000; Section 115; Block 003.00; Lot 023.000.
The lot dimensions are as follows:
South on New Suffolk Avenue in the
Hamlet of Mattituck ......... = 542'
West ........................ = 165'
North on Marratooka Lake .... = 585'
East ........................ = 103'
This lot is approximately one and a half
acres in total size.~
The property is mostly upland, open, partly
wooded and has a split rail fence along New
Suffolk Avenue.
The Town of Southold does not carry a
building permit for this property, but for the
purpose of this appraisal, the value will
reflect a buildable homesite.
The extreme narrow nature would limit the
building site from the lakefront and the road.
~is would result in a slight deterrent
to the improvement size.
The public utilities available are electric
and telephone.
Water is provided from private wells and there
are private cesspools.
o
Description of the Site and Valuation Influences
continued
Soil
The soil on both lots is known as
Plymouth Loamy Sand, PiC, with an 8% to a 15%
slope.
This soil is generally shallower to course sand
and gravel and contains as much as 15% gravel.
Also included are areas of Montauk Sandy Loam
and Sandy Variant Soils.
The Hazard of Erosion is moderate to severe
because of the slope and sandy texture of the soil.
This type of soil is not well suited to crops
cor~nonly grown in the county. Most of the soil is
wooded.
~ere extensive~ excavation is not needed, some
areas are used for estate type housing developments.
This soil is on the morains and outwash plains.
10.
Description of Improvements
There are no improvements on these properties,
other than a split-rail fence on Parcel No. 2.
New Suffolk Avenue is an improved macadam
road with street lights and sidewalks.
The utilities provided are electric and
telephone.
Water is provided from private wells and
cesspools would have to be private systems.
The present use of the subject property is
vacant land.
~e Zoning is Residential, "R-40," which calls
for forty thousand square feet per homesite.
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SOUTHOLD TOWN BOARD
AUGUST 15, 1989
AUGUST 15, 1989
SUPERVISOR MURPHY Number 23,is t,o hire Andrew Stype to do an appraisal
on behalf of the Open Space Committee of the property of Wend¥ Norris in
Mattituck. I offer that.
23.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Andrew Stype to conduct all appraisal on behalf of the Open Space
Committee, of the properb¥ of WendV G, Norris, Mattituck, Tax Map No. 1000-
115-3-22 & 23; fee for said appraisal to be $600.00.
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilwoman Cochran, Justice Edwards, Supervisor ~v~urphy.
This resolution was declared duly ADOPTED.
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SOUTHOLD TOWN BOARD
MAY 22, 1990
39.-Moved by Councilman Wickham, seconded by Councilwoman Larsen,
WHEREAS, there has been presented to the ToWn Board of the Town of Southold
an offer for sale to the Town of certain real property owned by Wendy G.
located on the south side of New Suffolk Avenue, on Marratooka Lake, Mattituck,
Suffolk County Tax Map: District 1000, Section 115, Block 003.00, Lots 022.000
and 023.000; and
WHEREAS, the Open Space Committee has recommended to the Town Board that
the TOwn purchase this property; and
WHEREAS, the Town has received an appraisal of $140,000.00 for this property;
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, June 5, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on the question of the acceptance of this offer.
39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-180I
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 3, 1990:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute a Contract of Sale for
the purchase of the property of Wendy Norris, located on the south side
of New Suffolk Avenue, on Marratooka Lake, Mattituck, Suffolk County Tax
Map: District 1000, Section 115, Block 003.00, Lots 022.000 and 023.000,
at the sale price of $140,000.00.
Judith T. Terry///'
Southold Town Clerk
July 5, 1990
DISTRICT
1000
SECTION
115.00
BLOCK
03.00
LOTS
022.000
023.000
NOTE: IglRE LOSSES: This form of contract eontahas no expre~ provision ~ to risk of lorn by fire or other c~.~ualty before
delivery of the deot. Unle~ expre~ provision is made, the provisions of Section 5-1311 of the General Obligations Law will
WENDY NORRIS, residing at (No #) New Suffolk Avenue, Mattituck, New York 11952,
as Ancillary Administrator, c.t.a, of BRUCE A. NORRIS, deceased,
hereinafter de.qcribed as the seller, and
THE TOWN OF SOUTHOLD, Town Hall, Main Road, Southold, New York 11971,
hereinaher described a~ the purchaser,
WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purehm~e, all that certain plot, piece or
Town of Southold, County of Surf0!k and State of New York, as more fully
described on Schedule A attached hereto and made a part hereof.
1. This sale include~ all right, title and intere*t, if any, of the seller in and to any land lying in the bed of any street, road or
avenue opened or proposed, in front of or adjoining said premise~, to the center line thereof, and all right, title and interest of
the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage, to said premises
by re.on of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or
thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such
2 TbepheeLs ONE HUNDPED FORTY THOUSAND AND 00/100 .....................................
(:~.~X;O',O~x ~;0:~ x ~.l~x J~J~B~x~x J~ t~X~ ~ X~ ~ x~ ~ ~ ~ ~X .................... Dollar~,
4. If such purchase money mortgage is to be a subordinate mortgage on the premis~ ~all be
extensions thereof and to any mortgage or consolidated mortgage w ' ay be placed on the premises in lieu thereof, and
to any ext ensior~s thereof provided (a) that the int~~I per cent per annum and
b that, if the prinelpel amount thereof sh~LI ~. ~pr. ineipal o~ving 9.nd unpaid on said existing mortgage
holder thereof sh ter or affect the regular installments, if any. of principal payable thereunder and shah further provide
fm recording such certificate. Should the mortgagee be a bank or other i~stftution as defined in Section g74-a, ReM Property
default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any medifieation thereof
of the deed hereunder.
a. Zoning regu]allons and ordinance* of the city, town or village in which the premises lie which a~e not violated by existing
City of New York (Sections 564 18.0, etc.) prior to the del~hall be paid and discharged by the seller upon the
ALL that certain plot, pt~-~ or parcel of land, situate, lying ~nd being at Fattituck,
in tt~ N of ~outhold, D. dfolk Cotmty, ~ Yoflt, bctmded ~d descr/b~ as folly:
fol~ ~ ~ ~ ~ ~ f~ ~ ~ ~t~ of ~ ~ly
courses an~ dlscancP, a:
(1) Sou~ 82* 30~
(2) ~ 77* 22'
(3) North 36'
(&) ~ 60' 15'
(5) ~ 77'
(6) l~rch 85°
(7) ~ 77'
· ,ide of ~ guffolk
vao (2) courses and
(1) Sou,~ 6g°
(2) South 77°
10: ga~t, 123.61
50" East, 107.8~ feet~
50" F.~t, 21.~ feet~
30" ~C 82.37 f~C~
07' 2~' ~t, 62.76 f~
57' ~" ~ ~.~
~ 3' 57' 00" Yest, 102.72 feet ~o * ~,~-~t ~t fie r~l7
Ave~e~
~ ~ ~ st~ of ~ ~fo~ A~ ~ foll~
51' 40" ~t, 191.~ f~C~
02' 20" ~t, 3~.37 f~t ~ ~ ~t ~ p~ of ~.
PARCEL
BEGI~ING ae ~e southeas~ corner of ~e p~emises herein descrlb~
a point on the northerly side of New Suifolk Avenue, ~here said
northerly side of Ne~ Suffolk Avenue is intersected by the
line oi 1an~ no~ or fo~erly of the J~es Norris Eseate an~ from
said point of beginnln~
RUNNING THENCE along the northerly side of Ne~ Sullolk Avenue, the
Eollo~in~ t~o courses and distances:
~. South 6~° 40' 30" ~st ~0.74 feet;
2. South 80~ 00' 00" ~est ~10.16 feet to land now or formerly
of Elberta H. Reeve;
~NCE Nor~ 7~ 31' 20" ~esk a!c~ said last mentioned land 204.10 feet
RUNNING THENCE alon~ said average line of open ~
a tie line bearing Soueh 75° 56' 30' East a distance of ~2~.90 feet
lan~ now or fo~erly of the J~mes Norris Estate;
RUNNING THENCE South 7~ 36' 30~ East along sai~ last mentioned land
~48.13 ieet to the northerly ~i5e of New Suffolk Avenue, at ~e point
or place of BEGI~ING.
1
DATED: June , 1990
SE?.T.~R: WENDY NORRIS, as Ancillary Administrator, c.t.a, of
BRUCE A. NORRIS, deceased,
PURCHASER: THE TOWN OF SOUTHOLD
pREMISES AT: (No #) New Suffolk Avenue, Mattituck, New York
FIRST: SUBJECT TO
(a) subject to covenants, utility easements, restrictions,
agreements and reservations of record, if any, provided same
are not violated by the existing structure or present use
thereof. In the event that there exists any addition or
improvements to the premises which violate covenants and
restrictions shall not be deemed an objection to title
provided a title company will insure that said additions or
improvements may remain in their present location as long as
the same shall stand.
(b) subject to any state of facts an accurate survey may
show provided same does not render title unmarketable.
SECOND: INSPECTION AND AS IS
(a) Purchaser represents that he has inspected the premises
and personal property included in this sale and is fully
familiar with the condition thereof and take same "as is" as
of the date of this contract, reasonable wear and tear
excepted to the date of closing or possession, the Seller,
his agents or brokers having made no representation in
connection therewith.
(b) Purchaser shall have a reasonable opportunity to
inspect the premises within one week of closing or
possession at a time mutually agreed upon by the parties.
THIRD~ NOTICE
Any notice to be given under this contract shall be given in
writing addressed to the attorney for the party to be
notified. The parties hereto acknowledge that their
respective counsel's letters and written agreements between
counsel shall be binding upon the parties to this agreement.
FOURTH: NO BROKER
The Purchaser represents that no broker introduced him to
the premises or to the Seller or was in any way instrumental
in bringing about this sale to him, with full knowledge that
the Seller relies upon the truth of this representation in
agreeing to enter into this contract to sell the premises to
the Purchaser for the consideration stated. The Purchaser
shall save the Seller harmless and indemnify the Seller from
any and all broker's commissions not referred to herein that
may arise from the acts of Purchaser or their
representatives, or that may be claimed against the Seller,
by, through or on account of any acts of the Purchaser or
their represmntatives, or all of these. The provisions of
this clause shall survive title closing and delivery of the
deed hereunder.
TENTH:FRANCHISE TAX
Franchise tax against any corporation in the chain of title shall not be
deemed an objection to title provided the title company insuring title
to the premises on behalf of the Purchase will insure against the
collection of same out of the premises.
ELEVENTH: ASSIGNMENT
Purchaser represents, warrants and agrees that he is purchasing the
premises for his own use and occupancy and he hereby agrees not to
assign this contract without the Seller's written consent. Any such
assignment without seller's
written consent shall be deemed null and void.
TWELFTH: RIGHT OF FIRST REFUSAL
Purchaser agrees that the Seller, its successors and assigns,
shall have a right of first refusal to purchase the premises in the
event Purchaser sells same. In the event Purchaser receives a bona
fide offer to purchase the premises, or passes a resolution to alienate
same pursuant to Chapter 59 of the Town Code, it will first offer same
to Seller at the price and terms contained in said offer or resolution
approving such alienation. Purchaser will give Seller written notice of
the price at which it intends to sell same, together with a contract for
sale of the premises on the same terms as set forth in said offer or
resolutior~; and Seller will have twenty (20) days after receipt of such
notice to enter into said contract. In the event Seller fails to do so,
Purchaser shall be free to sell the property free of this right of first
refusal.
In the event the Purchaser transfers the premises to another
municipal agency or entity under a program for the preservation of open
space, this right of first refusal shall survive such transfer.
This provision shall survive delivery of the deed and shall be
binding for a period of ten (10) years from the date of the deed.
THIRTEENTH: REPRESENTATION
It is the intent of the parties hereto that the premises being
conveyed hereto are to be used in a manner consistent to Chapter 59 of
the Code of the Town of Southold (Open Space Preservation) and the
purchaser agrees not to erect any structures, permanent picnic
facilities or paved off-road parking facilities on the subject premises.
It is further agreed, however, that the above is a statement of
intent and does not constitute a covenant running with the land.
FOURTEENTH: SURVEY
Purchaser agrees to reimburse Seller at closing for the cost of a
guaranteed survey.
y.;.~_~ ~.~Cz~/z.~,~ ·
SCOTT k. HARRIS, Supervisor
WENDY NORRIS, as Ancilary
Adminstrator, c.t.a, of
BRUCE A. NORRIS, deceased
Tax I.D. Number
ti. I f the closing of the title shall cc-cur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax
rate for the next preceding y, ~pplied to the late~t a~.~essed valuation.
12. [f there be a water meter on the pvemise~, the seller shall furnish a reading to a date not more than thirty days prior to the
time herein set for elc~ing title, and the unfixed meter charge and the unfixed sewer rent. if any. based thereon for the
intervening time shall be apportioned on the basis of such lmst reading.
13. The deed shall be the usual Adm~Lnds trator ~ s Deed
deed in proper statutory short form for record and shall be duly executed and acknowledged ~o a~ to convey to the purchaser the
fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by
subdivision 5 of Section 13 of the Lien Law.
If the seller is a corporation, it will deliver to the pureha-~er at the time of the delivery of the deed hereunder a r~olution of its
Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the
corporation certifying such reso[utlon and setting forth facts showing that the conveyance is in conformity with the require-
ments of Section ~09 of the Busine&s Corporation Law. The deed in such ei~e shall contain a recital safficient to ~stablish
compliance with said section,
14. At the closing of the title the seller shall deliver to the pureh~er a certified check to the order of the recording officer of the
county in which the d¢~cl is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance with
Article 31 of the Tax Law, and a certified check to the order of the appropriate officer for any other tax-payable hy re.son of the
delivery of the deed, and a return, if any be required, duly signed and sworn to hy the seller; and the purchaser also agrees to
sign and swear to the return and to eaus~ the check and the return to be delivered to the appropriate officer promptly after the
closing of title.
Administrator for the amount nf tbe Real Property Transfer Tax imposture of
personally came
to me known to be the individual described in and who executed
the foregoing instrument, and acknowledged that
executed the same.
On the day of 19 , before me
to me known, who, being by me duly sworn, did depose and say
that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he knows
the seal of said corporation; that the seal affixed to said instrument in
such corporate seal; that it wa~ so affixed by order of the board of
directors of said corporation, and that he signed h name
thereto by like order.
On the day of 19 , before me
personally came
to me known to be the individual de~cfibed in and who executed
the foregoing instrument, and acknowledged that
executed the same.
On the day of 19 , before
m~
a partnership, and known to me to be the person described in and who
executed the foregoing instrument in the partnership name, and
said duty
behalf of said partnership.
Closing of title under the within contract is hereby adiourned to 19 , at
o'clock, at ; title to be closed and all adjustments to be made
as of 19
Dated, 19
For value r~x:eived, the within contract and all the fight, title and interest of the purchaser thereunder are hereby assigned, transferred and set
o-ocr unto
and said assignee hereby assumes all obligations of the purchaser thereunder.
Dated, 19
As.eignee o] Purchaser
/g ntrart of
Title No
TO
D;al~buted by
CHICAGO TITLE
INSURANCE COMPANY
S~ction
PREMISES
RETURN BY MAIL TO:
Zip No
THE OBSER'v[ANCE OF TIlE FOLLOWING SUGGESTIONS WILl, SAVE TIME
AND TROUBLE AT THE CLOSING OF TtIIS TITLE
The SELLER should bring with him all insurance policies and duplicates, receipted hills for taxes, assessments and water ratox, and any }eases,
deeds ot agreements affecting the property.
When there is a water meter on the premises, he should order it read, and bring hills therefor to the closing.
If there are mortgnge~ on the property, he should promptly arrange to obtain the evidence rcquised under Paragraph 5 of this contract.
He should furnish to the purcbaser a full llst of tenants, giving the name& rent paid by each. and date to which the rent has been paid.
The PURCHASER should be prepared with emsh or certified check drawn to the order of the seller. The cheek may be certified for an
appropriate amount and cash may be provided for the balance of the setdement,
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CLOSING STATEMENT
WENDY GREER NORRIS a/k/a WENDY ELMORE, as Ancillary
Administratrix of the Last Will and Testament of BRUCE A. NORRIS
to TOWN OF SOUTHOLD
Open Space - 1.9 acre
Premises: 2595 New Suffolk Avenue, Mattituck
SCTM #1000-115-3-22 & 23
n/k/a SCTM #1000-115-3-23.1
Closing held on November 14, 1990
Purchase Price of $140,000.00 (per contract) disbursed as follows:
Payable to Wickham, Wickham & Bressler $ 100.00
(8~9~90)
Payable to North Fork Bank & Trust Co. $ 115,000.00
(11/13/90)
Payable to Wickham, Wickham & Bressler $ 24,900.00
(11113~90)
Expenses of Closing:
1989/1990 Real Property Tax
Payable to (no documentation found in file) $ 23.00
16 days (11114190 to 11130190)
Appraisal
Payable to Stype Brothers Real Estate Inc. $ 600.00
No invoice found in file
Survey
Payable to Young & Young Land Surveyors $ 777.50
No invoice found in file (paid 9125100)
Title Report
Payable to Aquebogue Abstract Corp. $ 896.00
Title Insurance Policy $ 828.00
Recording Deed $ 48.00
Extra Tax Search $ 20.00
Those present at closing:
Harvey A. Arnoff, Esq.
Matthew G. Kiernan, Esq.
Wendy Norris
Abigail A. Wickham, Esq.
Ken Zahler
Southold Town Attorney
Southold Town Asst Town Attorney
Seller
Attorney for Seller
Title Company Closer
SOUTHOLD TOWN BOARD
AUGUST 15, 1989
AUGUST 15, 1989
SUPERVISOR i¥1URPHY:~ Number 23.is~o hire Andrew Stype to do an appraisal
on behalf of the Open Space Committee of the property of Wendy Norris in
Mattituck. I offer that.
23.-Moved by Supervisor Murphy, secondecl by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby ?ngac~es the
services of Andrew Stype to conduct al~ appraisal o;, behalf of the Open Space
Committee, of the pr(~per~y of ~erid')-' G. Norris, Mattituck, Tax Map No. 1000
115~3-22 & 23; fee for said appraisal to be $600.00.
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilwoman Cochran, Justice Edward.% Supervisor
This resolution was declare~t dui'/ ADO?TED.
WT1983
~TOWN OF SOUTHOL~
Ourchase Order #
WT1983
Date September 11, 19~90
Tax Exempt #
Account # ~/,- ~
er and send billing to:
rtment Town Attorney's
53095 Main Road
Address Southold, NY 11971
I I
IVendor
Young, & Young, Land Surveyors
400 Ostrander Avenue
Riverhead, NY 11901
VENDOR
**Return this copy and Town of Southold voucher itemized and signed for payment**
ITEM
QUANTITY
1
DESCRIPTION
Survey prepard for the Town of
Southold New Suffolk Avenue
at Mattituck, T/O Southold
1000-115.00-03.00-~22.000 and
1000-115.00-03.00-023.000
UN IT COST
TOTAL
$777.50
THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR
I, CERTIFY THAT THERE ARE
SUFFICIENT F U~'~c'AV~L~AB L E
IN~~ CHARGED
ERTIFYTHIS,TO BEA
Original Copy
RIVERHEAD, NY11901
(516) 369-0200
APPLICANT:
Harvey Arnoff, Esq.
Town of Southold
53095 Main Road
Southold, New York
SELLER'S ATTY:
TITLE NO 632':Sv2350
8-30-90
DATE RBC'D
',, AS SOON' AS POSSIBLE
' / DUE DATE
FEE INSURANCE $ 140,000.00
MTG INSURANCES
Wickham, Wickham & Bressler, P.C.
P.O. Eox 1424
Mattituck, New York 11952
BANKS AITY:
RECORD OWNER:
Wendy I/orris
PROPOSED INSURED:
Town of Southold
MORTGAGEE:
PREMISES:
Town of Southold
tax Map 1000 115 3 22
AND 23
CHARGES
PEE POUC¥ ......... $ 8.2 ~ · O0
MORTGAGE POLICY $
FAIN MARKET VALUE RIDER . $
EXTRA CHAIN ....... $
STREET REPORT $
COSEARCH $
~NSPECTION $ ..........
SURVEY $
OTHER $
SURVEY INSTRUCTIONS:
FURNISHED HEREWITH
APPLICANT TO PROVIDE
USE EXISTING
TRY TO LOCATE FROM TITLE
SURVEYOR
REDAIE EXiS?ING WITH INSPECTION
ORDER NEW
AQU BOGUE ABSTRACT CORP.
123 MAPLE AVE. RIVERHEADi NY 11901 (516) 369-0200
FEE INS COVERAGE
FAiR MARKET VALUE HIDER
MTG iNS COVERAGE
ADJUSTABLE RATE RIDER
N.Y. STATE TRANSFER TAX (Stamps)
MORTGAGE TAX (MortgageeI
MORTGAGE TAX (Mortgagor)
INSPECTION
SURVEY
STREET SEARCH
C.O~SEARCH
RECORDING FEES ~
DEED(S)
SATISFACTION(Sl
MORTGAGE(S)
PRE!
PREI
PRE
CHARGES
CHECKS
CLOSER CHARGESIF ANY
PICK UP FEE
OTHER
TOTAL
CLOSER
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115.00
IE~ WENDY GREER NORRIS a/k/a WENDY ELMORE, as Ancillary Admtnistratri×
............. ONE HUNDRED FORTY THO~ND AND 00/100 ................................
.......................... ($ i1,0,000,00) ................................. doll~ts,
BEGINNING at a point on the northerly side of New Snffo]k Avenue said point
being the following four courses and distances from the southeasterly corner
of Camp Mineola Road (private):
1) South 71 degrees 59 mtnutes 20 seconds East, 316./48 feet;
2) South 77 degrees 43 minutes 20 seconds East, 101.58 feet;
3) South 84 degrees 41 minutes 30 seconds East, 50.69 feet;
4) North 5 d~grees ].8 minutes 30 seconds East across New Suffolk Avenue, /~9.50
~ feet to the true point of beginning.
TBENCE from said true point of begtnming, alonE lands mow or formerly of W~tmm
C. Dove, and through wet]ands, North 7 d~grees 47 minnet~ 10 second~ Eas~, 2D4.10
feet to the shoreline of Marratooka Lake;
IEING AND INTENDED TO BE the same premises of which Bruce A. Norris died seized
and possessed on December 31, 1985.
SUBJECT TO right of first refusal reserved to Grantor under cnutract of s~]e dated
11176 137
TO(~ETHER with ~11 right, title and interest, if any, of the party of the first part in a~d 't~' an3~ streets a~d
roads abutting the above described premises to tbe center lines thereof,
TOGETHER with the appurtenances, anti also all the estate which the said decedent had at the time of
decedent'~ de~th in ~id premises, and also Ihe estate therein, which the party of the first part has or has power
to convey or dispose of, whether individually, or by virtue of said will or olherwise,
TO HAVE AND TO HOLD the premises herein granted tmlo the party of the second part, the cli~trlbutees
or snccessors and ~ssign$ of the party of the second part forever,
On the. /Z~y Of November 1990 , before me
personally tame Wendy Greet Norris
I
to me ~o~ to be ~e individ~ d~cd~ ~n and who
~uted ~e forgoing i~mt, ~ ~l~ed
On the day of 19 , before me
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
of
, the corporation described
in and which ex~cuted the foregoing instrument; that he
to said instrmnent is such corporate se*II that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h narae thereto by like order.
On the day of 19 , before me
personally came
to me known to be the individual de. scribed in and who
executed the foregolng instrument, Ired aclmowledged that
executed the ~arne.
NOV ~q
On the day of 19 , before me
WENDY GREER NORRIS a/k/a WENDY ELMORE, as
Ancillary Adminlmtratrix of BRUCE A. NORRIS
TIlE TOWN OF SOUTNO1,D
,.ors 022.000 & 023.000
Matthew G. Kiernan, Esq.
P.O. Box 1179
Southold, New York 11971
T
I
T
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E
P
0
L
I
C
Y
ALTA Owner's Po[icy
(10-21-87)
FTWC-500
POLICY OF TITLE INSURANCE
ISSUEr) ~¢~' Tifle,Vo. 6:~2-S-2350
First American Title Insurance Company of New York
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF
NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, 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 describe¢ in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance ~n 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.
First American Title Insurance Company
of New York
Aquebogue Abstract Corp.
123 Maple A~.
Riverhead,
RS Office ~.ana ;er
ELYSE
ALTA Owner's Policy
(~0-21 87)
Schedule A
FTWC-501
First American Title Insurance Company of New York
SCHEDULE A
TitleNo. 632-S-2350 PolicyNo. ZZ 183593
Amount of Insurance $ 140,000.00
Date of Policy November 14, 1990
1. Name of insured: TCWN OF SOUTHOLD
2. The estate or interest in the land which is covered by this policy is: F~E SIMPLE
3. Title to the estate or interest in the land is vested in:
BY DEED FROM Kendy Greet Norris a/k/a Wendy Elmore, as ancillary
administratrix of the last will and testament of Bruce A. Norris,
dated November 14, 1990
decease(
4, The land referred to in this policy is described as follows:
NEW SUFFOLK AVENUE, MA?TITUCK, NEW YORK
TAX MAP D±st. 1000 Section 115.00 Block 03.00 Lot 022.000 AND
023.000
ALTA Owner's Policy
(10 21-87)
Schedule B
FTWC-502
Firsl A meHca~
Tiflc h~s~ra~wc (bmpa~q! o£ New York
SCH EDIJLE B
Title No (~'~2- S-2350 Policy No. ZZ 183593
EXCEPTIONS FROM COVERAGE
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:
5. Survey prepared by Young and Young dated 8-21-90 shows vacant land
partially covered by wetlands. Split rail fence runs north and south
of southerly line.
6. Except riparian rights and easements of others to and over
~arratooka Lake but policy does not insure any riparian rights or
easements in favor of the owner of the premises herein.
First American Title Insurance Company
of New York
TitleNo.
SCHEDULE A
632-S-2350
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, being bounded and described as follows:
BEGINNING at a point on the northerly side of New Suffolk Avenue
said point being the following four courses and distances from
the southeasterly corner of Camp Mineola Road (private): 1)South
71 degrees 59 minutes 20 seconds east, 316.48 feet; 2) south 77
degrees 43 minutes 20 seconds east, 101.58 feet; 3) south 84
degrees41 minutes 30 seconds east, 50.69 feet; 4) north 5 degrees
18 minutes 30 seconds east across New Suffolk Avenue, 49.50 feet
to the true point of beginning. Thence from said true point of
beginning, along lands now or formerly of William C. Dove, and
through we~tlands, north 7 degrees 47 minutes 10 seconds east,
204.10 feet to the shoreline of Marratooka Lake; Thence along the
shoreline of Marratooka Lake along tie lines, the following seven
courses and distances: 1) south 60 degrees 38 minutes 00 seconds
east, 128.90 feet; 2) South 87 degrees 8 minutes 11 seconds east,
122.67 feet; 3) north 74 degrees 15 minutes 15 seconds east,
97.63 feet; 4) north 58 degrees 51 minutes 58 seconds east, 72.03
feet; 5) north 74 degrees 5 minutes 2 seconds east, 109.15 feet;
6) south 88 degrees 52 minutes 16 seconds e~t, 59.99 feet; and 7)
The policy to be issued under this report will insure the title to such buildings and improvements erected on
the premises which by law constitute real property.
FOR TOGETHER with all the right, title and interest of the party of the first party, of, in and to the land
CONVEYANCING in the street in front of and adjoining said premises. ONLY
..¢ 2
First American 'Title Insurance Company
of New York
SCHEDULE A
Title No.
north 77 degrees 57 minutes 00 seconds east, 66.96 feet to lands
now or formerly of Jay Parker Wickham; Thence along said last
mentioned lands south 3 degrees 57 minutes 00 seconds west,
102.72 feet to a monument in the northerly side of New Suffolk
Avenue;Thence along the northerly side of New Suffolk Avenue the
following three courses and distances: 1) south 69 degrees 51
minutes 40 seconds west, 191.64 feet; 2) south 77 degrees 2
minutes 20 seconds west, 361.08 feet; and 3) north 84 degrees 41
minutes 30 seconds west, 110.18 feet to the point or place of
BEGINNING.
The po[icy to be issued under this report will insure the title to such buildings and iraprovement s erected on
the premises which by law constitute real property.
FOR TOGETHER with all the right, title and interest of the party of the first party, of, in and to the land Iv:
CONVEYANCING in the street in front of and adjoining said premises. ONLY
,,ge 2
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
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) restrictin
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improveme~
now or hereafter erected o n the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the l ar
is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to tf
extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affectir
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 ~
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 fro~
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value witho~
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
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 inSUrE
by this policy.
CON¢ITIONS 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, those who succeed to the interest
of the named insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distdbutees,
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, not
constructive knowledge or notice which may be imputed to an
insured by reason of the public records as defined in this policy
or any other records which impart constructive notice of mat-
ters 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 lhe 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 shop 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 securgy instrument
(f) "public records": records established under state
statutes at Date of Policy for the purpose of impamng con
strucbve notice of matters relating to real property to pur-
hasers for value and without knowledge With respect to
iction l(a)(iv) of the Exclusions From Coverage, "public
~cords" shall aisc include environmental protection liens filed
in the records ol the clerk of the United States distdcl courl for
the district in which the land is located
(g) "unmarketability of the lille": an alleged or apparent
mailer anecbng lhe lille (o tbe 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 the delivery of marketable title
the basis of loss or damage and shall state, to the extent poss~
ble, the basis of calculating the amount of the loss or damage
If the Company ~s 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 delend, pros-
ecute, 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 re-
quired ~o submn to examination under oath by any authorized
representative of the Company and shall produce for examina-
tion, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, corre-
spondence and memoranda, whether bearing a date before or
after Date of Policy, which reasonably pertain to the loss or
damage Further, if requested by any authorized representa-
tive of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the
Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the cus-
tody or control of a third party, which reasonably pertain to the
loss or damage All information designated as confidential by
the insured claimanl provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reason-
able judgment of the Company, it is necessary in the adminis-
tration ol the claim Failure of the insured claimant to submit
for examination under oath, produce other reasonably request-
ed information or grant permission to secure reasonably
necessary inlormation from third parties as required in this
paragraph, unless prohibited by law or governmental regula
tion, shall terminate any liability of the Company under this
policy as to lhat claim
B. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a clairtl under this policy, the Company shall have
the following additional options
(a) To Pay or Tender Payment of the Amount of
Insurance
To pay or tender payment of the amount of insu[ance
under this policy together with any costs, attorneys' fees and
(b) In the event of any litigation, including litigation [
the Company or with the Company's consent, the Compar
shall have no liability for !oss ordamage until there has bee
a final determination by a court of competent jurisdictio
and disposition of all appeals therefrom, adverse to the tit
as insured
(c) The Company shall not be liable for loss or damage
any insured roi liability voluntarily assumed by the insur(
in settling any claim or suit wdhout the prior written conse~
of the Company
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY.
All payments under this policy, except payments mac
for cos[s, attorneys' fees and expenses, shall reduce th
amount of the insurance pro tanto
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insuranc
under this policy shall be reduced by any amount the Con
pany may pay under any policy insuring a mortgage to whic
exception is taken in Schedule B or to which the insured hz
agreed, assumed, or taken subject, or which is hereafh
executed by an insured and which is a charge or lien on th
estate or interest described or referred to in Schedule A, ae
the amount so paid shall be deemed a payment under th
policy to the insured owner
12. PAYMENT OF LOSS.
(a) No payment shall be made wdhout producing thi
policy for endorsement of the payment unless the policy ha
been lost or destroyed, in which case proof of loss or destru(
lion shall be furnished to the satisfaction of the Comport
(b) When liability and the exlent of loss or damag
has been definitely fixed in accordance with these Condgior
and Stipulations the loss or damage shall be payable wghi
30 days therealter
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
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 indebted-
ness secured by a purchase money mortgage given by a
purchaser from the insured, or ooly so long as the iosured shall
Oer liability by reason of covenants of warranty made by the
ed in any transfer or conveyance of the estate or interest
policy shall not continue in force in favor of any purchaser
from the insured of either ri) an eslate or interest in the land, or
(ii} 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
in case of any litigation as set forth in Section 4(a) below, (ii) in
case knowledge shall come 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 Com-
pany 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 extent 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 unrea-
sonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to
the tit~e or interest as insured, but only as to those stated
causes of action alleging a defect, lien or encumbrance or ct her
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
~ed as to those stated causes of action and shall not be
for and will not pay the fees of any other counsel The
pany will not pay any fees, costs or expenses incurred by
~iPnsured in the defense of those causes of action which
allege matters not insured against by this policy
(b) 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 pre-
vent or reduce loss or damage to the insured The Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy
If the Company shall exercise its rights under this paragraph.
it shaq 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 gtiga-
lion to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appear from any adverse judgment or order
rd) 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 pro-
ceeding, and all appeals therein, and permit the Company to
use, at its option, the name of the insured for this purpose
Whenever requested by the Company, the insured, at the Com-
pany's expense, shall give the Company all reasonable aid ri)
in any action ar proceeding, securing evidence, obtaining wit
nesses, prosecuting or defending the action or proceeding, or
effecting settlomenL and (ii) in any other lawful act which in
the opinion of the Company may be necessary or desirable to
establish the title to the estate or interest as insured If the
Company is prejudiced by the failure of the insured to furnish
the required cooperation, lbe 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 cooperation
OOF OF LOSS OR DAMAGE.
~ddition 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 g0
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
expenses incurred by the insured claimant, which were
authorized by the Company, up to the brae of payment or ten-
der of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability
and obligations to the insured under this policy, other than to
make the payment required, shall terminate, including any
liability or obligation to defend, prosecule, or continue any
litigation, and the policy shall be surreodered to the Company
for cancellation
(b) To Pay or Oth~erwise Settle With Parlies Other than
the Insured or With the Insured Claimant
(i) to pay or otberwise serge wdh 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 the time of payment and
which the 6ompany is obligated to pay; or
(ii) to pay or otherwise settle with the insured claim-
ant 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 which 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 obli-
gations to the insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, pros-
ecute or continue any litigation
7. DETERMINATION, EXTENT OF 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 mat-
ters 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:
ri) 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 S0 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 in-
creases 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:
ri) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata in the proportion that the amount of insurance at
Date of Policy bears to the total value of the insured estate or
~nteresl at Date of Policy; or (ii) where a subsequent
~mprovement has been made, as to any partial loss, the Com-
pany 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 ~mprovement
The provisions of this paragraph shall not apply to costs,
altorneys' fees and expenses for which the Company is liable
under lhis policy, and shall only spply to thal portion of any
loss which exceeds, in the aggregate, 10 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)(C) 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 gl Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to
Date of Policy, unless a liability or value has otberwise 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 ex
press statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the tide, or removes the
alleged defect, lien or encumbrance, or cu res the lack of a right
of access to or from the land, or cures the claim of unmarket-
ability 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 cansed thereby
(a) The Company's Right of Subrogation.
Whenever the Company shad have settled and paid ~
claim under this policy, all right of subrogation shall vest ir
the Company unaffected by any act of the insured claimant
The Company shall be subrogated to and be entitled to al
rights and remedies which the insured claimant would have
had against any person or property in respect to the clain'
had this policy not been issued If requested by the Com-
pany, 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, com-
promise or settle in the name of the insured claimant and to
use the name of the insured c~aimant 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 sub-
rogated to these rights and remedies in the proportion which
the Company's payment bears to the whole amount of
the loss
If loss should resurt from any act of the insured claimant,
as stated above, that act shall 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 Agaiasl hca-insured
Obligors.
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without limita-
lion, 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 Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any
service of Ihe Company in connection with its issuance or
the breach of a policy provision or other obligation. All
arbdrable 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 tn 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 arbilration 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 stale 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 juris-
diction 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 con-
tract 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 slatus of the title
to the estale or interest covered hereby or by any action as-
serting 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 Presi-
dent, the Secretary, an Assistant Secretary, or validating
officer or authorized signatory of the Company
16. SEVERADILITY.
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 provision and all other provisions
shall remain in fulP force and effect
TT. NOTICES. WHERE SENT.
All notices required to be given the Company and any
slalement in writing required to be furnished the Company
shall include lhe number of this pogcy and shall be
addressed to the Company at 1050 Frankrm Avenue, Garden
Cdy New York 11530
%5~ AMER/o
First American Title Ins .urance Company of New York
POLICY
OF
TITLE
INSURANCE
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115 -3-23.1 473889 Seathold Active R,/SB' '*:,chool.' Mattituck School
Town of Southold. RollYear 2008 Next Yi Bunicpl palk ~t~lt Land ~'4:1.100
2595 New Suffolk Ave Land S~ze: 1.89 ac[es TotalAV: 1.100
Owner Total: 1 Taxable Value Miscellaneout
Name Town of Southold County: 0 Book: 11176
~,ddl Addr Muni: 0 Page: 136
Slreet 5]095 Route 25 School: 0 Mortg:
PO Box 1179 Bank:
City: Soulhold. HY Zip: 11971- SchlaAerSla~: 0 Acc~No' 14
Sale Tnfal' 0 Site 1 of 1 Land 0 of 0
5u,_& F=¢~ S,=le D~t~ ¢~i~ Pn_u Owner Prpcls: ~unicpl p~k
Nbhd Ed: 0
U tilides:
Ezemplion Tutdl 1 Term Own Building: Section: Total. O
Code ,&n'~ount Year Pot
13500 10~ O~HEI 1.100 0 0
Special District Total: 4 Value / Improvement Total: 0
Code Ueits Pct Type Move Ta:4 Type Name Dim1 Dim2 SQFT Yr Built
FD030 ~ett~tuck FD _80 .00 .00
PKOll ~attituck Pall _80 .00 O0
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TIE LINE ALONG
~APP~OX,SHORELINE~ ~ ~
~ BA\9~ s.~'
8.88°52' 16"E.
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HEALTH DEPARTMENT DATA FOR APPROVAL TO CONSTRUCT
~oo~ss
TEL
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REVISIONS
YOUNG & YOUNG
SURVEY FaR:
TOWN OF
AT MATTITUCK
'OWN OF SOUTHOLD
SCALE:
SUFFOLK CO., N.Y.
I"= 60' DATE:
SOUTHOLD