HomeMy WebLinkAboutTR-601 �f
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TOWN OF SOUTHOLD I
BOARD OF TOWN TRUSTEES
(i PERMIT NO. . .. . . b�. . .. . . .
Pursuant to the provisions ;of Chapter 615 of the Laws of 1893 of the State
of New York; Chapter 404 of the Laws of 1952 of the State of New York; the pro-
visions of an ordinance entitled "Southold Town Ordinance Regulating the Placing
of Obstructions in and on Town Waters and Public Lands, and the Removal of Sand,
Gravel or other Materials from Lands under Town Waters", and in accordance with
the resolution of the Board of Trustees of the Town of Southold adopted at a meet-
October 0` . '. . . . . . . . . .an ,.and in consideration of the. sum
in.- of said Board on
of �.1.9*0.0. ., lawful money of the United States, paid by emu. BOt1491k1 gno% `�
residing at . .�, 0 .North Dr. :' 08tt3.lr*110k;.N.,X .. . ..,, New York, the said
Board of Trustees of the Town of ,South old, Suffolk County, New York, hereby
authorized and permits said . to
install a � d "a id .moor� ,an ex, 'ti
x 30 ft., all f in accordance with the application submitted.
Scaur `. `. . ., as part -of the consideration
The said . .. , .'. . . . . . . r ... . . .
for the issuance of this permit does hereby release the said Board of Trustees and
the Town of Southold from any and all damages claims for damages or suits that
may arise or occur directly or indirectly as a result of any operation carried on un-
der and pursuant to this permit, and will at his own expense, defend any and all
suits which may be brought by third parties, as a result of any operation carried
on pursuant to or in accordance with the terms of this permit, and assume full
liability with respect thereto to the complete exclusion of said Board of Trustees
and the Town of Southold.
TMS PERMIT is subject to the following terms and conditions:
1. That there shall be no unreasonable interference with navigation as a result of
the work herein authorized.
2. That there shall be no interference with the right of the public to pass and re-
pass along that portion of the beach between low and high water mark.
11{ 3. That the work shall be subject to the supervision and approval of the said
Board of Trustees or its agents.
4. That if future operations of the Town of Southold require the removal and/or
alteration in the location of the work herein authorized, or if, in the opinion
of the Board,of Trustees of the Town of Southold, such work shall cause un-
reasonable obstruction to free navigation, the said
will be required upon due notice from the said Board of Trustees, to remove
or alter the location of the work hereby authorized without expense to the
Town of Southold, so as to render navigation reasonably free and unobstruct-
ed.
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The authority conferred by this permit may be terminated by the Board of Trustees
for a failure on the part of the said .... ?r A,...$S7A1.'glsgn.o?. .................. to
it comply with the terms and conditions herein imposed. In the event of such termination, E
this permit shall be deemed revoked five (5) days after the date when the Board of t
Trustees shall mail to the said :. � ?r .. '.*. . ??:. ... at the t...........
t�
(C address given in his application,;a certified copy of a resolution of the Board of Trustees
it
directing ,such termination.
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JN WETNESS WHEREOF, the said Board of Trustees of the Town of;Southold has
caused its corporate seal to be hereunto affixed and these presents to be subscribed by
a majority of the said Board of Trustees, the day and year above written.
seal .. ... (L. S.)
� l �J��.....:... (L. S.)
(L. S.)
..................................................... (L. S.)
I STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK }
.. day of ...........
ON THIS .... f)..... .................. 19.��., before me
{ personally appeared Alvah Goldsmith, Frank Dawson, Jahn F.
McNulty and Douglas Robertson,
all personally known
to me, who, being by me duly sworn, severally said that they each resided in the Town
of Southold, County of Suffolk, State of New York, and were members of the Board of
Trustees of said Town of Southold and constituted a majority of the same; that they
knew the corporate seal of said Town of Southold; that the seal affixed to the foregoing
instrument was .such corporate seal; that it was so affixed thereunto by order of the
Board of Trustees of said Town of Southold and that each one signed his name thereto as
a Trustee and by like order.
(.$ � 0 Notary Public
Filed: ! l`�
MARION A REGENT
.d N=RY PUBLIC, State of ,,ew.York
No. 52-3233120 S f cif, ur,y Co
`�L��vn ��`1-1% iTQrm `D(Pi s' March s0, 19
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Standard N.Y.B.T.U. Form 8004—6i—Quitclaim Deed-Individual or Corporation(singleu"d et)
ANSUL:TY:YOUR LAWYER BEFORE SIGNINGo'THIS MIST —THIS INSTRUAMff.SHOULD BE USID BY LAWYERS ONLY-
THIS INDENTURE,made the day of nineteen hundred and seventy
BETWEEN BOARD 0 TOWN TRUSTEES Toll Of SOUTFiOLO, having a place of
business at n a , 5*utholdt new Torko,
t of the first part, and [ , LIAM $tfU�GU1GNOBi JR. and MERLE JOAN
t URGUIGt II, h1s Wire, o residing at North rrvey' 161! ituctcs
New York,
party of the second part,
WITNESSETH,that the party of the first part,in consideration of Ten Dollars paid by the party of the second
part, does hereby remise, release and quitclaim unto the party of the second part, the=heirs or successors and
assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, �i41�tY+ situate,
lyingandbein at MattltUcks 1n: the Town of Southold, County of
Suffolk and State of New York,' Mich said plot is bounded and
described as follows-,
BEGINNING at a point which is the following courses and distances
from the true point or place of BEGINNING BEGINNING at a Point
on the easterly line of North brive at the division line between'
plats a9L89 and §,M" on a certain imp entitled "Map of Shore Acres"
and filed in the Office of the Clerk of the County of Suffolk on
January 3, 1914, as Map Now 41 ; running thence South $90 42, W,
East -alc«ng said last mentioned division lure 598.98 feet to a point
on the westerly short. of Matti'tack Greek (or Bay) as shown on the
aforesaid map, which said point is the TRUE POINT OR PLACE DP
BEGINNING; running thence South 89' 42' 10" East 35 'feet plus or
minus to the present, ordinary high water mark of Mottltuck Creek;
running thence in a southerly direction along the present, ordinary
high seater mark to a point formed by the intersection dF the said
preyant, ordinary high water mark and the extension of the division
11ne between plots sate `and "L" on the aforesaid map; running thence
North 39° "' € 0" West 75.f+tet plus or minus to the westerly Shore
of Mattituck Creek (Or Say) as shown on the aforesaid map' running
them in a general northeasterly direction along the asrdtnaryhigh
water markenot fla tituck Creek for Say) as shown on the a6drosaid map
90 feet more or less° to the division 11ne between pleas "", and "M"
the TRINE 'POINT OR PLACE of BEGINNING.
BEING AND INTENDED TO be .a conveyance of all of that property
bounded on the west by the ordinary high water mark -of €AaC.!tuck
Creek assho4n oR the "Map of Shore Acres" (Map No. BSI),, on the
norctlt, by the xt ns I n, of the division line between O dis t«L" and
IM,' on said map, bon .the east by the present, ordinary high water
mark. of #datti`tuck C oek, and sent the saauth by the :extension o the
division line between plots 11Llr and ?t 't on the said
TOGETHER with all light,title and interest,if any,of the patty of the first part of, in and to any streets and
roads abutting the above-described`premises to the center lines ereof;TOGETHER with the appurtenances
and all file estate'and 'rights"of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part,in compliance with Section I3 of the Lien Law,hereby covenants that the party
of the first part will receive the consideration for this conveyance and will hold the tight to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.. �y y� TRUSTEES
�+
IN ;PRESENCE:OF - BOARD Of TOWN i RUS IF EE
✓c�>�li%1. �:. � TOWN OF SOUTHO
B LI>
STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS:
On the I A dayM�d of 19—10, before me On the day of 19 , before ttie
peersonallyJ came /^ personally came -
to me known to be the individual described in and who to me known to be the individual described in and who
,T executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that
executed the same. executed the same.
MARV,' A.
N,: Y PJBLi� Siete cf [.err YGIk
fio. 52 SM2S Suf e"K -cuo"
Term Expires Nlzrch ao,i3, ,
STATE OF NEW YORK, COUNTY OF SUFFOLE'Ft ' SS: ' STATE OF NEW'YORK, COUNTY OF SS:
On the ay,of tvj*G r4 1q7 -;fbefore me On the day of 19 before me
personally came �XpSt . personally came
tome known, who, being b m_e duly sp{Ng ooirn did depose and I the subscribing witness to the foregoing instrument, with
say that he resides at whorn I am personally acquainted, who, being by me duly
r, sF that he is the sworn, did.depose and say that he resides at No.
\ '�4--�
j[ of that he knows
corporation described
in and which executed the foregoing instrument; that he to be the individual
knows the seal-tif said;corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors of said corpora- execute the same; and that he, said witness,
tion, and that he signed h name thereto by likeoordae-r. at the same time subscribed h name as witness thereto.
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LAW OFFICES
MARS, BURTON AND WEISSMAN
38 OAE STREET
MORTON
FREDER WEISSMAN
FREDERICK M.MARS 2.PATCHOGUE,N.Y..1177
BERNARD L.BURTON. 516 289-1212
NICHOLAS R.SCELSA
March 11 , 1970
Mrs . Marion Regent , Secretary
Board of Town Trustees
I' Town of Southold
Main Road
Southold, New York 11971
RE: Property of William
& Merle Joan Bour ui non
Dear Mrs. Regent:
il In connection with the above matter , l am returning to you
herewith the ,quitclaim deed which had been executed by the
President of the Board.
The County Clerk has requested that the corporate acknowl-
edgment be used on the reverse side of the deed instead of the
individual acknowledgment.
Would you kindly fill in the corporate acknowledgment and
return the deed to me in the envelope provided.
Very truly yours ,
MARS, BURTON ,AND WEISSMA
cholas P. Scelsa
NPS:ah
Enclosures
LAW OFFICES
MARS, BURTON AND WEISSMAN
38 OAR STREET
MORTONFREDER WEISSMAN pATCHOGUE�N.Y.11772
FR EDER4CK M..MARS
BERNARD L.BURTON 516 289-1212
NICHOLSS P.SCELSA
January 30, 1970
Mrs. Marion Regent, Secretary
Board of Town Trustees
Town of Southold
Main Road
Southold, New York 11971
RE: Property of William
Bourguignon, Jr. and
Merle Joan Bour ui non
Dear Mrs. Regent :
Several maths ago, I requested that the Town Trustees fur-
nish my clients named above with a quitclaim deed for that portion
of their property which abuts the Mattituck Creek and which has
been "filled in" by the Townof Southold. On July 15, you for-
warded to me a letter indicating that the Town Trustees were
willing to execute such a deed and suggested that I forward the
same to you in duplicate.
Pursuant to your instructions , I am enclosing herewith an
appropriate quitclaim deed and bequest that you have it executed
in the proper manner by a representative of the Trustees.
Please be certain that thelseal of the Trustees is affixed
to the deed and that the acknowledgment clause on the reverse
side is completed in the properimanner.
Also, enclosed is a check in the sum of $ 1 in payment of
the required fee.
Thank ,you very much for your co-operation.
Very truly yours ,
MARS, BURTON AND WEISSMAN
NPS:ah \Nicolas SceTsa
Enclosures
July ISO 1969
Mars and j�urton
3ts Oak Street -
Gentlemen;
I outhold`Town "Mess agree~ to
e h a 4ftitClaiut dot to the 'filled
k area in frost of to pooperty of William
Soso sign , Jr. and Merle joan S
a the map -forwarded to _
They reVest that You Prepare *aid
quitclaim "deed in duplio4t 6eend forward
it to them to be sigroad tether with
t
the fee of 1.go.
vary truly your$,
Southold Town ua
Mrs* Marian Regent, secs
S
p
tr
LAW OFFICES
MARS AND BURTON
38 OAK STREET -
FREDERICK M.MARS PATCHOGUE,N.Y. U772
BERNARD L.BURTON
NICNOLAB P.SCELSA 516 AT 9-1212
June 27, 1969
Trustees of the Town of Southold
Southold-Town'Hall
Main Road
Southold, New York 11971
Gentlemen:
j
I represent William Bourguignon Jr. , and Merle Joan Bourguignon,
who recently purchased certain property which abuts on'Mattituck Creek.
I enclose herewith a copy of the survey of the subject property.
You will note from such survey that the portion of abutting the
C creek is shown as a filled area, which area was apparently at one time
under water and has since been filled in by dredging by the Town of
a Southold. Ourttitle company has raised the question as to whether or
not my clients have marketable title to the filled area.
I have been advised that the Trustees of the Town of Southold
have Iin the past, in situations such as the one presented here, conveyed
to the property owner by Deed or other appropriate instrument any of the
town,' s interest in and to such filled area thereby giving the property
owner clear and marketable title to the same.
On behalf of my clients, I now request that you furnish me with
a Deed to the filled in area . I am also enclosing herewith the copy ofmy client 's Deed and a copy of their policy of title insurance.
Please advise me as to whether you will be willing to furnish
me with the requested Deed .
Very truly yours,
MARS AND BURTON
1 )0 a'
- Nicholas P. Scelsa
NPS_br
Encs .
FORM NO. 1
TOWN OF SOUTHOLD
BOARD OF TOWN TRUSTEES
TOWN CLERK'S OFFICE ,
SOUTHOLD, N. Y.
Examined . .. . . . . . . . .. .. .. . . . . .s.. .. .. . 19 . . ... Application No. . . . .. .. . . ... . ..
-A 1
Approved ...6124. . . ..r l. . . .. . . .. ..... . . . Permit No, .. . . . .. .. .6o.1. .. .. .. . . .. .
Disapproved a/c -.
. • ,.., ,, , ; ; chairman, Board of Trustees
APPLICATION : FOR PERMIT
INSTRUCTIONS
A. This application to be completely filled in by typewriter or in ink and submitted to the Town Trustees in dup-
licate.
B. Plot plan showing location of lot and buildings on premises, relation to adjoining p-remises, public streets, parks,
etc., and giving detailed description of proposed layout of project must be drawn on diagram which is part of this
application.
C. The work covered by this application may not be commenced before the issuance of a permit.
D. Upon approval of this application, Town Trustees will issue a permit to applicant. Such permit shall be kept on
the premises and available for inspection at all times.
II E. Applicant shall notify the Board of Trustees upon completion of the work covered by permit.
APPLICATION IS HEREBY MADE to the Board of Trustees of the Town of Southold, Suffolk County, New
York, for the issuance of a permit pursuant to the laws, Ordinances and regulations governing construction of: docks,
piers, bulkheads, jettys and dredging in, under, and over the waters of Town"of Southold. The applicant agrees
to comply with all applicable laws, ordinances, regulations and conditions specified by said trustees, and to hold the
Town of Southold, and all Town officials free from liability and damages of any kind.
Name of Owner of Premises B.IAP1,f11.4- - . �i���fad) 1d� 4'fl�AJc?d..£• ��i� � ��/
Street Address of Property .,$CCF./ d7.17ii�r.,. .I'�1v'iFt�i�'s.. ./�✓ /r.. .. .. .:��,�•'f .... . . . .
HomeAddress If Other Than Location . .. .. . . . . .. .. .. . .. .. .. .. .. .. . . .. .. . . .. .... .. .. .. ..... .
Creek, Bay or Harbor Fronting Property .10//�Q7"Td.Zfo47K- -4 ,+ZA5W. .. .. . . . . .... .. ...... ... . . .:.... ... . .. .. . .
Permits Requested To: ®AMW4.4.. 4AD.111mVi'ltwle.
Size of Proposed Work: Length IG/ '.. . . . Width 50-&A57-
. . Heighth Above High Water Ir ,.P.7 . .
Depth Below Low Water . . .,40.4.. .. .. . Average Rise In Tide Yards to Be Excavated . .l.Zl4VX1oe. . .
Width of Canal, Creek or Bay Fronting Property Depth at Low Tide
Is This For Private or Business Use? . ./de�f .. .. .. . . . . .. .. .. . Area Zoning 42>Al1?r�✓wl. .. .
Complete plot plan to be drawn on reverse side of this application.
STATE OF NEW YORK )
)S.S.
COUNTY OF
iv,'�4"arw 60LPR&Uu N- N .
. A. . . . . . .. .. . . . . . . .. . being duly sworn deposes and says that he is the applicant for the above described
permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work
will be done in the manner set forth in the application and as approved by the Board of Trustees of the Town of
Southold, and the applicant agrees to hold the Torn of Southold and said trustees harmless and free from any and
all damages and claims arising under or by virtue of said permit.
yy C (appiic nt) f
Sworn to before me this . ..i.9. . . .. . .. . day of _J�.(�� . .i.... . . . . . . . . . 19.6
Notar - public . .: .. . . . .. . .. . county of . C' I RSOTOWI Z
%t ry public S.at of New York
f3dMdt0'g!n Suffolk County
No 52 703I050
Commission &rplres March^197%
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POLICY OF TITLE INSURANCE <<
NO- S--353977-A
V SECURITY TITLE AND GUARANTY COMPANY `
fs
A C on6zclerafeon o the payment of its charges for the examination
of title'and its premium for insurance, insures the within named: insured aga
inst
all lass or idaniage not exceeding the amount of insurance stated herein and in
addition the costs and expenses of defending the title, estate or interest inured which the insured shall sustain by reason:of any defect or defects of title affect.in the re
z' g p mises 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 n
insured to or in the promises, or by reason of liens or incumbrances affecting
} title at the date hereof, or by reason of any statutory lien for tabor or material
furnished prior to the date hereof which has now gained or which may here-
after 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 matt ers
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 pro'
victe&in said conditions and to be payable upon compliance by the insured with
the stipulations of said conditions, and not other
wise.
Win ejJ 'VVhereo le
SECURITY� TITLE AND GUARANTY ARANTY COMPANY
has caused this policy to be signed and sealed on its date of issue set forth herein.
Aiclnorized Signatur� ,� I tPresident
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CONDITIONS OF THIS POLICY
Section 1 DEFINITIONS was justified became of a defect or incumbrance not excepted in this
(a) Wherever the term "insured" is used in this policy it includes _Policy-
those,whosucceed to the interest of the insured ;by operation of law (f) Where the insured shall have transferred the title insured by an
'including, without limitation, heirs, ':distribntees,.devisees, ,survivors, :instrument containing covenants in regard to title or warranty thereof
personal representatives,,next of: kin or corporate successors,- ae the and there.shall have been a final determination on any of such cove,
case may be, and those to whom.the insured has assigned this policy Hants or warranty,'against the insured; because of a defect or:"incum-
where such mafgament is permitted by the terms hereof, and whenever trance not excepted in this policy.
the term "insured" is used in the:conditions of this policy it also (9) Where the insured:estate or interest or a part thereof has been
includes the attorneys and agents of the 'maured:' taken by condemnation and it has been finally determined that the
(b) Wherever the term 'this company" is used in this policy it insured is not entitled to a full award for the estate or interest taken
means ,SECURITY TITLE,AND GUARANTY COMPANY because of a•defect or incumbrance not excepted in iris policy,
(c) Wherever the term,:"final determination" or"finally determined" INo claim :for damages shall arise..or be maintainable under this
is used it, this policy, it:mmas the final determination of a court of .policy (1) if this company, after having received notice of in,alleged
competent jurisdiction after disposition of alb appeals or after the time defect or incumbrance, removes such: defect or incumbrance:within
to appeal has.expired. .thirty days after receipt of such notice; or (2) for:liability voluntarily
(d) Wherever the term `the premises" is used in this policy, it assumed by the insured in settling any claim or suit without the
means the property insured herein as described in Schedule A of this written consent of this company,
policy including such,buildings .and improvements thereon which by Section 4' NOTICE OF'CLAIM
law constitute real property,
(e) Wherever the term."recorded" is used in. this policy it means, In case a purchaser or.proposed mortgage lender raises any question
unlessher otwise iadfcated;,recorded in the office of the recording officer as to the sufficiency of the title hereby insured; or in caset actual
of the county-:in which pmperty insured herein lice :knowledge shall come to the insured of any claim adverse to the title
insured hereby, or in case of the service on or receipt by the insured'
Section 2 DEFENSE AND PROSECUTION OF SUITS of any paper,or of any notice, smnmens, process or pleading in any
(a) This company,will; at its own cost, defend the insured in all action or proceeding, the object or effect of which shall or may be to
actions or proceedings founded on a claim of title or incumbrance not impugn, attack or call in question the validity of the title) hereby
.excepted in this policy insured, the insured shall promptly notify this company thereof in
(b) This company shall have:the.right and may, at its own cost, writing at its main office and forward to this company such paper or
maintain or defend any action or proceeding relating to the 'title or such notice, summons, process or pleading. Delay in giving this notice
interest hereby insured, or upon or under any covenant or contract and delay in forwarding such paper or such notice, summons, process
relating thereto which it considers desirable to prevent or reduce loss or pleading.shall not affect this company's liability if such failure has
hereunder. : not prejudiced and cannot in the future prejudice this company.
(ol In all cases where this policy requires or ;permits this company. .Section 5 PAYMENT OF LOSS
to prosecute;.or defend, the insured shall secure.to it the .right and
opportunity to maintain,or defend the action or proceeding, and all (a) This company will pay, in addition to .the loss, all statutory
appeals from anydetarmination therein, and give it all reasonable:.aid costs and allowances imposed on the insured in litigation carried on
therein, andhereby permits it to use therein, at its option, its own by this company for the insured under,the terms of this policy. This
name br the.name of the insured. - company shall not be liable for and will not pay the fees: of any
(d) 1.The provisions of this section shall survive payment by this counsel or attorney employed by the insured.
company of any specific ;loan or payment of the;entire amount of this (b) In,every case where claim is made for loss or damage this
poti,4 to the extent{that this company shall deem it necessary in company (1) reserves the right to settle, at its own "at, any claim or
recosnrin& the less, wfiom. those who may be liable therefor to the suit which may involve liability under.this policy; or (2) may termi.
insured or to memapany. note its liability hereunder by paying,:or tendering the full amount of
this policy; or (3) may, without conceding liability, demand a valua-
Secllon 3 CASES WHERE LIABILITY ARISES tion of the insured estate or interest,to be made by three arbitrators
Nbt:claim for damages wall arise or he maintainable under this policy or any two of them, one to be chosen by the insured and one by this
except in the following cases: company, and the two thus chosen selecting an umpire. Such valua-:
W. Where.there ris 'been a final determination under which the tion, less the amount of any incumbrances on said insured estate and
fusuied may be dfapm scis ed, evicted or ejected from the premises or interest not hereby insured against; shall be the::extents of this com-
froni;some part or ut iwded share-or interest therein. parry's. liability for such claim and no right of.action shall accrue
(,b) Where i there-has ham a final.determination.adverse to the title, hereunder for the recovery thereof..until thirty days after'notice of
upon$a lien or incumbrance not excepted in this policy. such valuation shall have been served upon this. company,, and the
(ci Wlem the thawed!shall have contracted in good faith in writing insured shall have tendered a conveyance or assignment of the insured
to sell the insured estate or interest, or where the insured estate has estate or interest to this company or its designee at such ;valuation,
been'sold for the,beriefit of the insured pursuant to the judgment or diminished as aforesaid. The foregoing option to fix a valuation by
ordai if a court and t`lee:title has been rejected because of a defect or arbitration shall not apply to a policy:insuring a:.mortgage or'leasehold
into tnbrancc not excepted in this policy and there has been a final interest.
determination sustaining the objection to the title. (c) Liability to any collateral holder of this policy shall not. exceed
(4) Where the insurance is upon the interest of a mortgagee and the the amount of the pecuniary interest of such collateral holder in the
mortgage bas'been s udged by a final determination to be invalid or premises.
ine�getual to charge, a insured's estate or interest in the premises, or (d) All payments made by this company under this policy shall
auhjpct to a prior lien or inanmbrance not excepted in:this. policy;' reduce the .amount hereof pro tanto except (1) payments 'made for
or where a recording�,toicer has refused to.accept from the insured a counsel fees and disbursements in defending or.prosecuting.,actions or
satisfaction of the in'aured mortgage and there has been a final deter- proceedings.in behalf of the insured.and for statutory costs and allow-
initiation sustaining the refusal because of a defect in the title to the antes imposed on the: insured-in such actions and proceedings, and
said6ortgage. (2), if the insured is a mortgagee,payments made to satisfy.or subordi•
(e) Where ithe insured shall have negotiated a loan to be made on nate prior liens or incombrances not set forth in Schedule B.
the� ¢orftX o£ a jp [tgage on the insured's estate or tiniest in the (e) When liability has been definitely fixed in accordance with the
-- — — cod the title.shall have been rejected by theproposed lender conditions of this policy, the Ions or damage shall be,,payable-within --
'll Gave been finally determined that the.rejection of the title thirty days thereafter.
CONDITIONS CONTINUED ON INSIDE BACK COVER
JF"^\
tO
Policy No. S-353977-A
SCHEDULE A
The premises in which the insured has the estate or haeresst covered by this policy
j
ALL that certain plot, piece or parcel of land, situate, lying and being at
Mattituck, in the Town of Southold, County of Suffolk and State of New York,
r:
t being known and designated as Plot "L" on a certain map entitled, "Map of Shore
Acres", and filed in the Office of the Clerk of the County of Suffolk on 1/3/191,
as Map No. 41, which said plot is bounded and described as follows:
BEGINNING at a point on the easterly line of North Drive at the division line
r
between plots "K and "L" on said trap;
h, RUNNING THENCE 'north 6' degrees 08 minutes 45- seconds east along the easterly
z
line of North Drive 89.90 feet to the division line between plots "L" and "K"
on said map;
l^
THENCE south 89 degrees 42 minutes 10 seconds east along said last mentioned
I; division line 598.98 feet to the westerly shore of Mattituck Creek (or Bay) as
a
shown on said map;
THENCE southerly along said shore line 90 feet more or less to the division
line between plots "K" and %" on said map, and
i
THENCE north 89 degrees 46 minutes OO seconds west along said last mentioned . '
r;
division line, 566.04 feet - to the point or place of BEGINNING.
c�
TOGETHER with any land lying between the shore line of Mattituck Creek, lying
4
Pi in front of and adjoining the foregoing, described premisese
TOGETHER with a right of way over North Drive and Bay View Avenue as shown on
r
said maps
t;
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t:
E ;
Name of Insured Policy No. S-353977-A
WILLIAM BOURGUIGNON, JR., & MERLE Amount of Insurance$ 35, 000.00
JOAN BOURGUIGNON, HIS WIFE,
Date of Issue.. June 4., 1969
The estate or interest insured by this policy:is vested in the insured by means of
fee simple
Deed by George W.R. Olsen & Daisy V. Olsen, his wife, to the
- INSURED', dated 6/4/69 and recorded in the Office of the Clerk
of theCounty of Suffolk.
SCHEDULE B
The following estates, interests, defects, objections to title, liens and incumbrances and.other matters are excepted from the coverage of this policy:
1 1. Defects and incumbrances arising. or becoming a lien after the date avenues, lanes, ways or waterways, or the right to maintain therein.
of this policy, except as herein provided. vaults, tunnels, ramps or any other.structure or improvement, unless
2, Consequences of the exercise and enforcement or attempted enforce. this policy specifically provides that such titles,:rights, or easements
meat of any governmental war or police powers over the premises. are insured Notwithstanding any provisions in this paragraph to the
contrary, this policy, unless otherwise excepted,insures the ordinary
3. Zoning restrictions or ordinances:imposed by any governmental body. rights of;access and egress belonging to abutting owners.
4. Judgments against the insured or estates, interests, defects,objections, 6. Compliance by the buildings or other erections upon the premises or
liens or incumbrances created, suffered, assumed or agreed to, by or their use with Federal, State and Municipal laws, regulations and
with the privity of the insured. ordinances.
3 5. Title to any.prope�y beyond the.lines of the premises, or title to. 7. Title to.any
personal:property, mice or the same be attached to or
areas within or rights:or easements in any abutting streets, roads,. used is connection with said premises or otherwise.
S. Rights of tenants or persons in possession.
9. No title is insured to any land lying below the 'natural, mean highwater line
of Mattituck Creek. The survey read into this report shows a -"filled area
r lying between the shore line of Mattituck. Bay (or Creek) as shown on the
filed map and the present highwater mark. As to such "filled area" the incur•
ance is limited to so much thereof as is the result of natural accretion.
e` 10, Water rates, if any.
11. Survey made by Otto w. Van Tuyl & Son, dated 5/28/69, shows a ;lh story
V frame house, a detached garage and a detached shed within lines of premises.
IQ
Also shows utility wires running from north and south adjoining premises
,:
-
11 and four utility poles within lines of premises. No other variations.
l
12. Mortgage for $23, 000.00 made by the INSURED, to Southold Savings Bank, dated
6/4/69 and recorded in. the Office of the Clerk of the County of Suffolk in
,F
Liber 5614 mp 475.
i
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CONDITIONS CONTINUED FROM INsmg FRONT COVER
tr Section 6 C04NSURANCE AND APPORTIONMENT member companie. fin coatianatipa � te sources of the
(a) In the event that. a partial loss occurs after the insured makes rasur°d in ixrtIr specific circumstances
`an improvement subsequent to the date of this policy, and only in that Provided for in this ,section only. RO cirnumstance
;.event, the insured becomes a co-insurer to the.extent hereinafter set mo°r'� suffitden shall tbis oomPanY be deomed to have
forth. cy of the form of the assignment or other fnstro-
merit of transfer or conveyance or to have assumed any liability for the
If the cost of the improvement exceeds twenty per centum of the -sufficiency of amy,preceedin after.amount of this policy, such proportion only of an o the date of This policy
fished shall.be borne by the company as one hundred twenty
p estate" : Section
'turn of the.amount of this policy bears to the sum of the $mounteol .SUBROGATION
this policy.and the amount expended for the improvement::The fore der This Policy,company
$abrogated sxtoanall right.Payment bruit of lose
under this rights of the insured with
k going provisions shall not apply to :costs and attorneys' fees incurred respect thereto. 17re insured shall execute such inatrvments ae may be
by the company in prosecuting or providing for the defense of actions requested to transfer such rights tot s coin
''or proceedings m behalf.of the insured pursuant to the terms of this .-ferred shall be subordinate gm an pang' The rights so trans-
k :policy or to.costs imposed on the insured in such actions or proceedings, (b) If the insured pis a t Tehraramg interest of the insured.
land shale.apply only to, that portion of losses which exceed in the. Prevenf the Insured t iscompany" right of subro"tioa shag not
;aggregate [en per cent of the face of the policy.. of the Ohl, or guarantor or from releaain a releasing Peraonl liability
pY j Provided, :however, that the foregoing co-inmance provisions shall from the lien of the mortgageg portion of tim.promises
¢ 'tot apply to any loss arising out of a lien or incumbrance for a li ui mg the insured mo or from increasing..or otherwise modify.
dated amount which existed on the .date of this q. or priority of the h'ensofi.�P,rovided succh acts do � aged the validity
policy and was not P ty $ag insured. However, the liability
shown it Sctedvle B; and provided farther, such co-insurance provisions °{ thus company under this policy shall fa no.event be increased by
shalt not apply to any loss if, at the time of the ocunence of:such loss,. any such act of the insured..
the then value of the premises, as so improved, does not exceed one
hundred twenty per centum of the amount of this:policy. Section,9 MISREPIIEST-d1j'I`�}TION
(b) If the premises are divisible into separate, independent, parcels, Any, natrne statement made the
k; and a loss is established':affecting.one or more but not an. of said materiaF fact, or an suppression by insured' with respect to any
parcels, the.less shall be computed and settled'on'a pro rate:basis.as fact, or any.,antrne answer r by t the insured, b to disetose anymaterial
rf this policy. were divided pro rate. as to value of said separate, the issuance of this policy,;shall void this polity,materiel inquiries before
} independent parcels, eSoluaive of improvements .made subsequent to
r, the date of this policy. Section to NO WAIVER OF CONDITIONS
(c) Clauses (a)" and `(b)" of this section apply to mort a e -Tbis co
8 g mpanY may take any appropriate action under the.terms of
Policies only after the insured shag.have acquired the.interest of the this Policy whether or not it
3' mortgagor. - shall be liable hereof this
po shag not ...
(d) If, at the time liability for any loss shall have been:fixed pur- thereby concede liability or waive any provision of this policy.
want to the conditions of this policy, the insured holds another t' Section II "
of. insurance covering the same loss issued by another company, this All actions or Proceedings POLICY ENTIRE CONTRACT'
company a not be liable to the insured for a greater proportion of the P against thus company must be based on
`. the lass than the amount.that this y p P provisions of this policy. Any other action or.actions or r
Policy bears to the whole amount of action that the insured ma have or fights of
insurance held by the insured, unless .another method of a Y may bring against this company j
tfye loss shall.:have been.provided )i apportioning if respect of other services rendered is connection. with the issuance
y agreement this company .of this policy, shall be,.deemed to have merged in-andbe restricted to
and the other insurer or insurers.
its terms and conditions. -
Section 7 ASSIGNMENT OF POLICY Section 12
t.. VALIDATION AND MODIFICATION
s f the interest insured by this policy is that of a mortgagee, this ,This
n, po'ficy may be. assigned to and shall inure to the benefit of successive tory. Chanr esmacy is mrbeoeffect dnly ehonl�Yt renetl by an authorized sign-
gc assignees of the mortgage without consent of this company or its en- recordingg g y y written endorsement:. If the
t dorsement of this policy. provision is"made in the rate manual of than the date of the instruments creating the insured interest is later
New York :Board of Title Underwriters filed" with the Superintendent incumbrancoesc e:dcept real estatate� such e taxes,shall also cover intervening liens or
1` of:�Insurance of the State of New York on behalf of this and other sewer rents. taxes assess
water charges and
t
ENDORSEMENTS'
s�
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$1
FORM loo REVISE.EFFeCTt E f/,[aa -
SECURITY TITLE
AND
t GUARANTY COMPANY
4STANUGH90 US!
+ w', -
I
I f .
POLICY
t
OF
TITLE
PV INSURANCE
Irk.. .. ,, ..
Main Office
17 EAST 45th.STREEf -
NEW.YORK, N.Y. 10017
Area Code (212) 687-2400 -
x
`t �e .X.'S
_ .
�°, '.l 'C'EITYSiJLi YOUR LAfYY�e REFtlRE.Sioya 4'tUa N6S tltt't>m"� �' �tT SFllblf!tls�.IEdE USER.YY LAtNYERs gaLY+
COW w413
i W UWENTLMI made the /Y day of �txate' . ? efesn ]fundreit'sfmf " siXty`-Tf T39
,H 8 ) tWEEN GEORGE W.H. Ot= acid � CT. �la hls
bath residing on peconie Bay Boulevard# MftttittttskI County of Su folits
and State of New Yorks .k �
i, party of the first part ate} W t 1 S TAtf BOIIBrUIfNOIfy', J$. atd $OlM� ) 3,s:
3
his wife#" both res distg £t�h Dri"� Pettu s °may of `blk
and State of flew York,
m
paity of the Pam .
intironsideratn$t€of Ten Itars gthar a e consttlEtae t
r�
� part, "
tfiatthe partgjof the It 'eby Brant adrT tmt 'pa3tY @ , 'heirs
paid ity 1t�ge�ity tf the second'part, u x
" or,saacasor9 and assess of the party of the secand part fer, t
AU that tertaitt.plot, pece or Parcel,of trial, wink the bat erected, sitaate,
lt•heinlsat, Battitu�k, in the 4
uff olk
= t �t t e "9f @FF York being known add '"LiiB t3 �L'�" � a
certain `map entitled "Map of Shore AGI'es"s-aad filed iu the fDffce of
` the Cie k. # the otanty .cf Suffolk a�n .1AU_u lt7 3a` � 4 as"�fap No. d3,
wtiie id at t;T ou%ided and described as followas T
BBGI G at a point on the easterly line of North Drive at the diva^ ;z
' 4! lie between plots Ok" and "L" on 'said slap;
]R#WI SNGS North 6 degrees 8 minutj 4`5 seconiTs �€i$t along the01
aasterly line of Worth Drive 89,9fl S4Wt to the division line between
� r otW"t" and *Mu on said map# �
tMCS Sauth 89 degrees 42 minutes 10 seconds East along. said last
mentioned division line 598.98 feet to the westerly store of Mattittzck
'. Greek (or Bay) as shown on said map; `
TF?E3= Southerly along said sbhore line 'A0 feet, more or lessr to then=
ivisio>x le between plots * and "L" on said map; and
i
:i TI3EhICB Nor 89 degrees 46 minutes 00 seconds West along said last mend
tioned division line 566.04 feet to the point or place of BEGINNING.
TOGMIM with any nand lying between. the ,>�re line. of Mattituck Creek
€ (or day) as shown on said map and tie pregeht big water mark of Mttttij�
tuck Creeks lying in front of and adJ,oining .the faregdlng described e,
premises.
TOGEVHER with a right of way over North Drive and Bay View Avenue as F
shown on said map.
CT to as state of facts an accurate survey may show.
y HER with a right,title and interest, if any, of the party of the first part in and to any streets and
4 roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
j and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO `
HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of
the party of the second part forever. ".
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid. 4$
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the perty of
the first:part will receive the consideration for this conveyance and will hold the right to receive such:consid- 1=
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for '
any other purpose.
The word "party"shall be construed as if it read "parties'wh ver,/the se of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has dui executed thi deed y first above
w ntten.
IINNy�rmENcz or 1
O' c
w DAiSY If. OISEN
y "al J�..jbPf`at...K � ssT #s113E1'r�ky Jvssax,': ttof
r
h 19 ! before we
} i Qn ti day of Ttme 1969 , before me On the day of
P 1"rsouW1Y cgme CrEORGE W.a. OIaSr"Lv 8rld Pasoio � I
_.
DAY V. OI�SEN, his wife
t individual drxn'bed in,and who.
„ ,yet to mrlkmcrun to be the individuals described in and who to me known to be and acknowledged that
+,t r .t ezecutkd tie foregoing instrumen; and acknowledged that ercecuted, r
g s ,-,they e>ebuted the same: It
q yr
a �
t)uSetY" b7'x State af`New pork 'r� t�, ;- R -`'-.;
k4,
td JDoF$ rt a • "f �x .< j
>f Tern^ Ei piwi s ' n,h L*, 197k �` 1t� `� � r � � ,1�n 1
I Y 1 c`� u' xI �
sta►x�8F taw vowc cour+tr os sat sria at t k�i troixw cou4ttir A`
's; (3n the day of 19 before me On the day of
1tJ before me
1 to me oarn w1io, being bp"me dulp swonall
rn did;TepoBe an W?in`ems fa �wg xnstru ge t;
that lid resfdesat No. xbol° Nd
e: �
that he'ig.the
rS `
ttie.corporation described
la and whtcr exeegted the,_forWitig inaatrumeaty that Yb e 1 D a
messy tl sexd d,:aid corporation; that the seal, affixed described in a>id rho executed the feiegro£ug instrument;
said uutrunient.is: sud far�orte leaf. tb�#. lgas that �Ip subaFbin saw}
i fixed b rider of the tfiereto g Uft,oorrdei At rai 'sa
x .�nd flint. hC i
�parsda lto Is"t }SECTION
€,. WITH-COVENANT AGAINST GRANTOR'S ACTS, BLOCK m'
T4 No. 7 ]
"ViRB I w - T
�E£?HGS and cduNn dic TOWN
` I,41sy V, OM-EN9 his wife
a ,
tv'ILLIAM BOUBGUIGNON, Jr._ and
I: M> FiLE .TQW SOtTdBFfIG3dONN, h�s'isLf e.
to.
'STANDARD FORM OF NEW PORK BOARD OF-TITU DHDFkWRgBRS S ra, J ..� ,
Distributed by
a, ;$ECURI7TY TITLE AND GUARANTY COMPANY �(1 C Hot A 5 S C EG S RJ c s'ct
r
3g oEErc s
' CHARTERED TASd 9N NEW YO:RK 'Cap No. (i 7.7j
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m 177777
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b
JtIN
t C 5 19m�
8� �
ihs —
ERTSOW
` ' e Clerk of Suffolk County e
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6;. 5s;.�. t2_-,V,
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fi 1�
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T 01 PlC + l / Y i s` 1a° •"� �a" o 1.l
Sked t y
le
Ptoi K
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MAP OF [ !1f C>
suuv�:YEn FOR-
AND �1.1cX Y"C:'%-rS'�'��C:1 •fJ '�"15C w,v E?�.L,4Yit"Ld
, ..-• �l., � 1 ( 14 1t'. G7rl d: 1?U<YYOI�''t4 (Z�-Np1 PCf M{l't !
! V ! .. r ...._C" JC ) C to tlt� 9, 0, -z� k.:Aci -"dvirtp�� Bnrk�
AT a-.5 -5wyvey: cs
V,Ay
Maw . t awl:
N A WYL
� - ( v,r•fir `f� 1 '{ � .� (�
ic,;�1<. ti �. slt�:»-r i Y�t=�✓ •1,:; n4� ..ti. �
" AF 1c�1 t, r Ft!<_ 'f` � S�7U �tcc{ l csrs� urvtucY _