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HomeMy WebLinkAboutBOURGUIGNON, WILLIAM & MERLE Standard N.X.B.T.U.Form 8004-"i—QuitdaimAeed-Individual or Corporation(single S� t) :O MULT YOYR LAWYM 8MRE SIGUNG,TMS BUST —THIS IMTRUMINT.SHOULD W UM 8Y'LAWTM atay- THIS INDENTURE,made the day of ,nineteen hundred and seventy BETWEEN BOARD Di: TOWN TRUSTEES T ip �Qi#�l3F3i�g, having a place of bus i mess at . n good, ttt � L9r" ,. f th6firtpr,ands, I -•I � I� JR. and L A d [' hd , Wth Elaq at rive* Mattiturk, new York, party of the'second part, WITNIESSETH,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,they heirs or successors and assigns of the party of the second part forever, ALL that certain plot,;piece or parcel of land, situate, lying andbei at ttit ck, in the Town of Southold, County Of T,Uand*lk and State of i w York, s 1ch said plot is bounded and described as follows! ,SECSINNING at a point which is the following courses and di stance$ froin the true point or place :of BEGINNING.- BEGiXNj1 ,`at a Point on ihe- easterly 1100 Of North i)rive at the division line bet en plots '.e24t and IW! on a certain iMp entitled li p of Shores Acres" and 1lled in the Office of the Clerk of the County of Suffolk'on January 3, 1914, as Map No, 41; running thence South 890 421 tort Cast slang said last mentioned divisions 1 ine 598.98 feet to a .Point on the westerly shore of MattItUck Creek. (or Say) as shown on,,the aforeseld map, which said Point 1s 'the TRUE POINT OR PLACE OF BEGIONI iGr running the n0e SOuth - 421 1014 east 35 feet plus or minui. to the present, ordinary highs water bark of Mattituck Creek•, running thence 1n a southerly direction along the present, ,or'dlrsary high 'water mark toe point formed by the iintersectioncf they said present, ordlr r� high water mark and the extension of the division , 11 tiebetweo 1 ots :� � 'grad 110 on the a foresa l d tap; running i n thence rti 3 0" West 75-f+Eet plus or- 'minus to the westerly share of Hattituck ,Creak (ear' Saar) as shown art the afore aid running therm ire a gonseel north easterly .direction along the alltnar~y high water fwrkr.00f Matitituck, Creek (or Say) as shown 00 the Aifdrosaid map b feed more or 1+ ss` to tie 'division lines between plots 1101, and 11 f the TRUE POINT 09 PLACE 01" StGINNING. l XG I NT—%m "1' BE 'a i:,dn+eyance of a 11 of that pro rt b irndad on t west bye the or4dinary h€q water• mark of ,€aWtuck i Creek s s n on the k'M6p of ShortAcres" (14ap No. 41 1;, the fi tm of the division line betw eit p l dts "Lu and d at on said .pr : .the east by the pros(ent, ora$nary high water* mark-of �daitt'i tucE : rep , and on t he Booth try.; the extens ions of the division liste bet aea plot$ "V and II. on the said . T,0GETFIER with all right,title and interest,if any,of the party 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 the estate and ilghts`of the party of the first part in and to said.premises TO HAVE AND TO 1101,D the premises'herein gtauted 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 past,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyanee and will hold the tight to receive such consid- eration as a trust fund i®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 WHFMOF,:the party of the first part has duly executed this deed the day and year first above written. IN.I.FREStNCE OF: BOARD.OF TOWN TRUSTEES TOWN OF S€LITHOLD s STATE OF NEW YORK, COUNTY OF SS; STATE OF NEW YORK, COUNTY OF Sst On the day of Ma 'j'� 19 ,before me On the day.of 19 before true personally came personally came I, 3. 00 'g 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. —ARiP33 i:, Sa:e of fle•rr 1'cris tdo.52-SM'23 S f HKeucy ,Term Expires March 50- 19 STATE OF NEW YORK, COUNTY OF S FFOLK SS: ' STATE OF NEW'YORK,COUNTY OF SS: On the -, ay,of AIC%'re*' 11-0;before me On the day of 19 before me personally came 15 g personally came to me known,r h�g e duly ororn did depose and the subscribingwitness to the foregoing instrument with ay that he resides ats ' g h Y p a G�l�.,� 41/'. whom I am personally acquainted, tvho,-.being by me duly E that he is the sworn,did,depose and say that he resides at No, ��� � '��' , ofc that he knows the 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;eaI; 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 dhhy�name thereto by like order. at the same time subscribed h name as witness thereto. IVA- fs ARE09i A G a�tex V CT ?CPC, State Q � � a A 3 0 0 o �. h c2 � 9 W �f 3 o � ao � x a � Z `E ca y cti d. F" Z ^a iJ a0 u f ® U 0 u , r � i � , w c TOWN OF SOUTHOLD � BOARD OF TOWN TRUSTEES b p ,PJIIT NO. ..... �.I..... E Pursuant to the provisions;of Chapter 615 of the Laws of 1893 of the State E of New York; Chapter 4l14 of the Laws of 1952 of the State of New York;the pro- visions of an ordinance entitled."Southold Town Ordinance Regulating the Placing f 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- oct47aer 20, .1969 ing of said Board•on ............ ....... .... .... and in consideration of the.sum Of lawful money of the United States, paid by !r,, 1 residing at ; '() Olrth. Dr.t.' 4Mit�.20kr.!Xt... ,, New York, Ulm said Board of Trustees of the Town: of ,South gld, Suffolk County, New York, hereby authorized and'permits said Wino. Bo rguig n & "...... to install a, �t 4 x 30 fit.,, all in accordance with the application submitted. The said •.. 8�aaaigsan `.., as part of the consideration for the issuance.of this permit does hereby release the said Board of Trustees and the Town of Southold from any and all darnages 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. TIES PERATIT is subject,to the following terms and conditions: 1. That there stall 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. 3. That the work shall be. subject to the supervision and approval of the said Board of Trustees or its agents. 4. That if fixture 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 . r. �.. Qt? ? , 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. l- i ji It II The authority conferred by this permit may be terminated by the Board of Trustees , for a failure on the part of the said... ftr.. ,,..$S?5 >" ? .. e ................... to { comply with the terms and conditions herein imposed. In the event of such termination, f i {4 i this permit shall be deemed revoked five (5) days after the date when the Board of 111 9a13 Li, Bo�Yg i11 t3t1 $c;9J�+........... at the I Trustees shal l mail to thesaid ........ ......... ........�..... ........ address given in his application,;a certified copy of a resolution of the Board of Trustees { directing such termination. { I� IN 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.) f _ � Q. {t ....................................................(L. S.) i STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) ON THIS .... f>..:.... day of ........... ................ 19.� ., before me personally appeared d lvah. 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. 17 Notary Public MARM A. RErEYr nt)ARY PUBLIC. State of esv York / / No. 52-323312U Suf rlF County i�M �° `a Urr✓I f r l% T&sue DParch 3�, ,s ppp i - LAW OFFICES MARS, BURTQN AND WEISSMAN 38 OAS STREET - - MORTON WEISSMAN PATCH00uE,N.y..11772 FREDERICK M.MARS BERNAR-D L.BURTON. ' 516 289-1212 NICHOLAS P.SCELSA March 11 1970 Mrs . Mari:"on Regent , , Secretary Board of -Town Trustees I" Town of Southold Main Road Southold, New York 11971 RE:. Property of William Merle Joan Sour ui non t Dear Mrs. Regent: In connection with the above matter , I 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 n the corporate acknowledgment and return the deed to me in the envelope provided. Very truly yours , MARS, BUR 'ON ,AND WE I SSMA icholas P. Scelsa NPS:ah Enclosures LAW OFFICES MARS, BURTON .AND WEISSMAN 38 OAK STREET - MORTON WEISSMAN - PAT'CHOCsTIE,N.Y.11772 FR EO ER{CK�M.MARS BERNARD L.BURTON 516 289-121.2 - NICHOLAS P_SCELSA - January. 30, , 1970, Mrs.- Marion Regent, Secretary Boa-d 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 mcu-ts ago, t 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 .Town of Southold. an July 15, you for- I warded. to me a letter indicating that the Town Trustees were willing to execute such a deed and suggested that l forward the same to you in duplicate. Pursuant to your instructions , .l am enclosing herewith an appropriate quitclaim deed and request that you have it executed in the .proper manner by a representative of the Trustees. Please be certain that thellseal of the Trustees is affixed to the deed and that the acknowledgment clause on the reverse side is completed in the properimannera 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 NP S=ah- Nic olas Scelsa Enclosures July is 1969 f 'h 'voiri . d10 to l are In 9"Atthe t Of Willi n Mattlituck ACroak As xhovu on TU49Y. reVest that YOU r i quitcloia ,daea in duplioat&mad forward it to Viet t be signer teethe with t the fto .cr 41.00W. }I r trulr yours, S*UthOIA T .. Sian Regmt, ��: ... .. LAW OFFICES MARS AND BURTON 38 OAK STREET FREDERICK M.MARS PATCHOGUE,W.Y. U772 BERNARD L_SURTON - - 516 AT 9-1212 - NICHOLAS P.SCELSA June 27, 1969 .Trustees of the Town of Southold Southold Town Hall Main Road Southold, New York 11971 Gentlemen: I 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 creek is shown as a filled area, which area was apparently at one time 3 under water and has since been filled in by dredging by- the Town of F 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 in the past, in situations such as the one presented here, conveyed to the property owner by Deed .or tither 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 beh,alf .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 of my 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 Nicholas P. Scelsa NPS:br Encs . FORM NO. I TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN CLERK'S OFFICE, SOUTHOLD, N. Y. Examined ............. Ig..... Application No. .... .. 41, Approved Irv, Permit No. ..........6 o. ....... Disapprovedale ............. ................................ ........... ... 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 premises, 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. 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 1,&1111.4,17.WA"- &ee&4 ee415PA 12AQ. A&FAF4r. Al10A IC Street Address of Property d1 3 Home Address If Other Than Location .......... ......................... ............................... Creek, Bay or Harbor Fronting Property ,11747777-4-t—K ...................................... Permits Requested To: //V-17M4.4. .D.A& '4wa.4 Size of Proposed Work- Length .... Width 50 Heighth Above High:gh Water Depth Below Low Water ...AX...... Average Rise In Tide J— . Yards to Be Excavated Width of Canal, Creek or Bay Fronting Property Depth at Low Tide .? ''J4r. Is This For Private or Business Use? ............... Area Zoning Complete plot plan to be drawn on reverse side of this application. STATE OF NEW YORK )S.S. COUNTY OF ............... ._6pL1RCrU GN- I vs that he is the applicant for the above described .. .............. Weing duly sworn deposes and says permit, and that all statements contained herein are true to the best of his knowledge nowledge 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 To'Wn of Southold and said trustees harmless and free from any and all damages and claims arising under or by virtue of said permit. ............... (applic nt) Sworn to before me this ... ......... day ................ Notacount; of 14pury of New Yerk �36&idlHglii Saitclkk Ccunty mo-52-7031050 (,lommission Expires March 3Qq 197% DOW Too 1"o r w r � .. ry f POLICY OF TL TLE INSURANCE 1\TQ• S--353977—A V SECURITY TITLE AND GUA RANTY COMPANYA_ n C:on3iderctfion 'o the payment of titl of its charges for the;examin ation ' e and its premium for insurance, insures the within named insetted against. all lass or damage.not exceeding the amount of insurance stated herein and in addition the costs and expenses of defend ing the title,estate or interest insured,red, the insured,shall sustain by reason€of any defect or defects of title affect- ing th' re.e x' . Premises described in Schedule A or affecting the ineezest of the insured therein as Herein set forth, or by reason of unmarketability of # Insured to or in the premises, or by:reason of liens or iricumbranc sIt affecting ' title at the'date hereof, or by reason of any statutory lien for:.labor or material furnished prior to the date hereof which has now or which map 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 matters set forth in Schedule S, or by the conditions of this Into th policy hereby incorporated is contract, the loss and the amount to be ascertained in the manner pro- vtted'in said conditions and to be payable upon compliance by the insured with the stipulations of said conditiohs, and not othe rwise, �►�� U�Erie3� U(/f�ere )� SECURITY TITLE AND GUARANTY COMPANY o has ca used this policy to be signed and sealed on its date of issue set forth herein. J 1 f ' 1 Aut or' ed.Signature # President x i F� i 3. i �t CONDITIONS OF THIS POLICY Section I DEFE'q IONS was justified"because of a defect or incumbrance not excepted in this (a) Wherever the term "insured" is used in this policy it includes policy. those who succeed to the interest of the insured;by operation of law (f) Where the;insured shall have transferred the title insured by an including; witheat limitation heirs distribtuees, devisees, survivors, instrument containing covenants in regard to title or warranty thereof personal.representatives, next-of kin or corporak.aneceaecrs as the and them shall have been a final determination on any of'such cove case may be and'those to whom.the insured has assigned',.this policy nants or warranty,'against the insured;because of a defect-or"iucum- where such assignment is permitted by the terms hereof,and whenever brance not excepted in this policy. the term"insured" is used in the conditions of this policy it also. (g) Where the insured estate or interest or a part thereof has been includes the attorneys and agents of the"insured;' 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 fall award for the estate or interest"taken' means,SECURITY TITLE AND GUARANTY COMPANY because of a defect or incumbranoe not excepted in this policy, ' (c,) Wherever the term "final determination"or,"finally determined" "No claim for damages"shall arise or.be maintainable under this is tsed:fn this policy, it.means the final determination of a court of policy..(I) if this company, after having received notice of an aMge& competent.jurisdiction after disposition of all 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 volimtarily (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 propertyasured,herein as described.in Schedule A of this Witten consent of this company, policy including stick:buildings and improvements thereon which by Section 4 NOTICE OV U.AIM. law constitute real"property, (r:),.Wherever the=term "recorded" is used in this is it mean In case a purchaser or proposed mortgage lender raises any question y s' as to the sufficfen of the title heaeb insured; or in case actual unless ot*it"t'nd cate,d,-recorded in the office of the tecording officer c3 Y of the connty in wbfeh property insured herein lies 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 DEFE*E AND PROSECUTION OF SUITS of my paper,or of any notice, summons, process or pleading in any (a) This compauy'"wfll, at its own cost, defend the insured in all action or proceeding, the object or effect of which-shall or may he to actions or;proceedings can on a claim of title or ineumbrance 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;bay action or proceeding relating to the title or such notice. summons, process or pleading. Delay in giving this notice interest hereby insured, or apron 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 eompsay- (c) 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, aft statutory appeals'from any,dettermfnation therein, and give it all reasonable`.aid costs:and:allowances imposed on the insured in litigation carried on therein,Nand hereby permits it to use therein, at its option,its own by this company for the insured under the terms of this policy. This., name obkthe name of:the insured. company shall not be liable for and;will not pay the fees of any (Q. The provisions of this section shall survive payment by this counsel or attorney employed by the insured. company of any specific loss or payment of the;entire amount of this (b) In every case where claim is made for loss or damage this pohv7 fo the eztehE Shay this company shall deem it necessary in company (1) reserves the right to settle,at its own cost,any`claim or recovtstn� the low sfrom those who.may be liable therefor to the suit which may involve liability under this policy; or (2) may fermi• insured or to tfi,c, ,iipatig.. nate its liability hereunder by paying or tendering the full amount of this policy; or (3) may,without conceding liability, demand a value Section 3 CASES WHERE LIABILITY ARISES tion of the insured estate or.interest,to be made by three arbitrators Noa,'ckaim for damages shall arise or he maintainable under this policy or any two of them,one to be chosen by the insured and one by this except iu the following cases: company, and the two thus chosen selecting an umpire. Such valua (g Where,there;has lbeen a final'determination under which the tion,less the amount of any incumbrauces on said insured estate and lusured m osses may be dispsed, evicted or ejected'from the premises or interest not hereby insured against, shall be the extent of;this coin- from;somey part or t oivi.led share or interest therein. party's.liability for such claim and no right of'.action shall accrue (hi Where there has been a final determination adverse to the title, hereunder for the recovery thereof un'tiI thirty days after;ndtiee of upon lien pr inem;*anee not excepted in this policy., such valuation shall have been served upon this. company,;..and the..- (ci Where the ius4ed shall;have contracted in good faith in writing insured shall have tendered a conveyance or assignment of the imured to th imured;estate or interest, or where the insured-estate has estate or interest to this company or its designee at such,;valuation been sol'd'.for the;"bez4efit of the insured pursuant)to the judgment or diminished as aforesaid. The foregoing option to fix a valuation by e t because defect or arbitration shall not apply to a policy insuring a:mortgage or(leasehold order if a coral and.tlee.title nuts been rejected betas of a Pp P g inep'mbr'ance not excepted in'this policy and there has been a final interest dete66tion sustaining the objection to the title. (c) Liability to any collateral holder of this policy shall not exceed (4i 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 has'been aadged by a final determination to be invalid or premises, mef'krctmi to charge; a iasured's estate or interest in the promises,or (d) All payments made by this company under this policy shall- subj'pct to a prior Fen or fncnmbrance not excepted in this policy;' reduce the amount hereof pro tanto except (1) payments made for or where a recording tofficer has refused to accept from the insured a counsel fees and.disbursements in defending or prosecuting actions or _ satipfaction of the in'eured mortgage and there has been a final deter- proceedings_in behalf of the insured and for statutory costs and allow. minationsustaiuing the refusal because of a defect in the title to the antes imposed on the'insured in such actions and proceedings, and sai&raortgagel (2),if the insured is a mortgagee,payments made to satisfy.or subordi• _ (e) Where"the insured shall have negotiated a loan to be made on nate prior liens or incumbrances not set forth in Schedule B. theE eur%wydothe shall the msured'a estate or interesty fixed in'accordance with the e€ .policy, the:'loss or d g g ore been rejected by the proposed lender conditions liability has been definitely shall-be,,payable within ail have been finally determined that the rejection of the title thirty days thereafter. CONDITIONS CONTINUED ON INSIDE BACK CORER x..b�,: - Policy No. 5-3 53 9 77--A SCHED ULE A The premises in which the insured has the estate or kderest covered by this policy. 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 , r " being known and 'designated as Plot' "W on a certain map entitled, "Map of.Shore Acres and. filed in the office of the Clerk of the County of Suffolk on 1/3t191, 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 between plots "K and "L" on said map,- RUNNING THENCE north 6 degrees 08 minutes 45 seconds east along the easterly line of North Drive 89.90 feet. to the division line between plots "L" and "K" on said map, lA THENCE south 89- degrees 42 minutes 10 seconds east along said last mentioned ly division line 598.98 feet to the westerly share of Mattituck Creek (or Bay} as shown on said map; THENCE southerly along said shore line 90 feet more or less to the division - 1 line between plots "K" and "L" on said map; and r THENCE north 89 degrees 46 minutes 00 seconds west along said last mentioned r division line, 566,04 feet to the point or place of BEGINNING. TOGETHER with any land lying between .the shore line of Mattituck Creek, lying P! in 'front of and adjoining the foregoing- described premises: TOGETHER with a right of way over North Drive and Bay view Avenue as shown on said map s; r 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 fee simple vested in the insured by means of { Deed by George W.R. Olsen & Daisy V' Olsen, his wife, to the o- 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.>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. vatilts,tunnels,ramps or any other stracture or improvement, unless: 2. Consequences of the exercise and enforcement or attempted enforce this,policy specifically provides that such titles,rights, or easements merit of-any governmental war or police powers over the premises. are insured.'Notwitbstanding any provisions in this paragraph to the, . l b contrary, this policy, unless otherwise excepted,insures the ordinary. 3.Zoning restrictions or ordinances unposed by any governmentaody. 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. f, 5. Title to any propedp beyond the lines of the premises, or title to 7. Title to any personal property,whether the same be attached,to or areas within or rights or easements in any abutting streets, roads, used in 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 hghwater mark.. As to such "filled area the insur• ance is limited to so much thereof asis the result of natural accretion. 1.0..Water rates, .if any. 11. Survey made by Otto W. Van Tuyl & Son, dated 5/28/69, shows a lk story frame house, a detached garage and a detached shed within lines of premises. Also shows utility wires running from north and south adjoining premises and four iitility poles within lines of,premises. No other variations.. 3; 12. Mortgage for $23,000.00 made by the INSURED, to Southold Savings Bank, dated 6/4/b9 and recorded in the Office of the Clerk of the County of Suffolk :in Liber :5614 mp 475.. y a -- CONDITIONS CONTINUED FROM INSIDE FRONT COVER a Section 6 CO-INSURANCE AND APPORTIONMENT" member companies for coatinnatiou of liability to grantees of the (a) In the event that a partial loss occurs after the insured makes lit certain speci$c rircorpsraaces an improvement subsequent to the date"of this provided for in only. airettmstance'policy,and only to that this'section shall tbis oompany:.be deemad to have event, the insured becomes a co-insurer to the,extent hereinafter set maure the st$taenty of the form of the assignment or tither insiitt forth menF of transfer or conveyance or to have assumed ate liability If the cost of the improvement exceeds twenty per eentum of the 'm eney of ate,Proceedings after Y abi}ity for the amount of this policy, such proportion only nI of as tltg date of this policy., lished shall be borne by the company as one f any partial loss estab. Seifion$ tun] of the amount ar this policy bears to the sum of the amounty per en.ol peny shall.to the extent of as SUBROGATION (a1 This �' y payment by it of loss this policy and the°amount expended for the improvement.,The fore under this policy, be subragated to all rights of the insure with going provisions Shawl not apply to costs and attornegs' fees incurred tesPect:rhereto• The insured shall exeeate such iusamentsas may be by the company in prosecuting or providing for the defense of actions " ted to transfer such ri hts to this com `or proceedings in behalf of the insured pursuant to the terms of this uu $ - ferred shall be subordinate may.;The rights so trans k policy or to costs imposed on.the insured in such actions or Proceedings rdtnate to Any remaining interest of the insured., (b) If insured is a mortgagee,this company's right:of sub 'and shall apply onj� tor that; portion of losses which exceed in the tioa shall not prevent the insured from releasing aggregate ten per cent of the face of the policy, of the obligor or g the personal the liability Provided, however, that the foregoing eo-insurance provisions shall guarantor or,from releesfn8 a po tiott'of tbs premises from the lien of the mortgage or atom increasing br otherwise modify, not apply to any loss arising out of alien or incuiubrance.for a liqui fng the insured viortgage provided such:acts de aced amount which existed on the date of this policy and was not or Priority of the liep of the mortgagenot affect.the validity shown in Schedule B;,and provided further such co-insurance provisions of thi8 company under this insured. however, the liability .' shall not apply to any loss if,"at the time of the occurrence of such loss, any such act of the insured. shall.in no event be increased by the then value of the premises, as so;improved, does not exceed one bandred twenty Per eentum of the amount of this palicY• Section 9 11tISREP(b) If the premises are divisible into separate, independent,parcels, Any,untrue statement made RESENTATION and a loss is establMed 'affecting one or more -but not aB-of said material fact,or an sa the insured, With respect to any t,< parcels,the loss stall'be computed and'setilod'on a pro rafa basis.as face or any untrue answerr by the insure or to to disclose any material if this policy were divide pro rate as to value of said:separate, po ty a material in the issuance of this It sh It void this policy., curries before } independent parcels,: exelusive of improvements made subsequent to f; the date of this policy. (c) Clau SeetiQn If! NO WAIVER OF CONDITIONS ses "(a)" and "W' of this section apply to mortgage This company may take an a Policies only after the insure shag have acquired the interest of ilte this i y appropriate action under the terms of v.; mortgagor. Policy cy whether or not it shall be liable hereunder and shall not d) If, at the time liability.for any loss shall have been faxed gut_ thereby concede liability or waive any provision of this policy. snant to the conditions of this Policy,the insured.,holds another polity Section I j POLICY of insurance covering the same loss issued by another company, this All actions or ENTIRE' CONTRACT company shall not be liable to the insured for a eater proceedings..against this company,must be based on thie loss than the amount that this proportion of the provisions of this polity,Any other action or actions or r police bears to the whole amount of action that the insured may have or may, rights of f, insurance held by the insured, unless another method of apportioning in respect of otinsur Y g a6stnst elite °OmPB°Y the toss shall have been provided b emces rendered in connection with the issuance y agreement this company .of this policy,stall:be deemedto have'mer ed in-aad_be r i3r and the other insurer or insurers. g restricted to ' its terms and conditions. Se"ction 7 ASSIGNMENT OF POLICY Section 12 r. � VALIDATION AND MODIFICATION µf the interest insured by this policy is that of a mortgagee, this This k po�wy may'be assigned to and shall inure to the benefit of successive tors. Changes may alibe�effectedenonmY6 tie by an authorized sigma- ei asstgnees of the mortgage without consent of this company or its en- recordin date of the instruments rstiy written endorsement: If the doisement of Fhis y g ix ' polic. Provision-is made in the rate manual u than flee ng the insured interest is later New York Board bf Title Underwriters filed with the Superintendent incumbrancescexdcept real estatey shall also cover intervening liens or l of Insurance of'the State of New York on behalf of this and other sewer rents• taxed assessments, water charges and t - ) ENDORSEMENTS �L )a N.Y.B.re.FORG.�OO REYISEo,_�FFECTivE f/�xa - i I i I a � , i r r H r� k t st� + ,rv+ ai or C.aperm.C *mJ ' ,� #T si;l r;k:i9FE 4 tAvrt[M 9 1f, Al MR. � *W UWENTLMIg,made the / Y 'j undtetlr d sixty ixze i 3 C'rTsfiME W.R. MSEN .and U&M • t�ri e s 4 on pecbath r � e�nie' y B �:evar�d� Mattlbt 6 s C #ty of Suffdlk-� and State of New Yorks �A i 1 party of the first $part.and W � ir . a>r3dOls, Af his •wifes' bt th re`i stag t t7t h. � i t it � , . �� aYfd State of dew ��k s i� � � Na patty of t1 esstdbtson� fit,frm: nsidrrat��at sw#sett is�+��a by Party secmtd part,d eby Vane r�urttkrk�' Y� s fit,the heirs p� *' gF dt ±at;stssor8andof t#te RAY of'the ascend partu. AL Jbi &rtattt plot,piece or.parcel of}attd,with the btu - seeted, situate, lyt aad bet ig oat,MattlttlCk, in the $"f elk} Ia A$tt i 3teW 1r being knc a and fps s 't a certain xap entitled aMap of Shore A `e , �f �33�d � the ©ffice flf �e the $Tk tyf' he otanty:.©f Suffolk on e 3 IT4 a8`1� 330. dl, ie'1�owfided and deserib8d 'tea follow :. BTTGG at a point on the easter'ty line of .ldrarth Drive at the diva iqn l ?e betvreexi plats »k« and 11L" 033 'said step, r x g �• x' CS N(>rth .6 degretas 08 �s .t`ek 45. secet;rds e along the �3 a erlJf' line. of Tv"b�+th (rive 89.94.1f`4t to the di sian line between : pl►ts g �' and on said reap; youth 89"degrees 42 minutes 10 seeonds:;East s1t�g said last tserttiOned d.,-XV,Sion line 598.98 feet to the westerly. shore of Mattituek Y G°"reek (or Bay} as shown on said map; fie THENCE Southerly along said shhon l ne' fl feet„ more or less%, to tlaep d vision lie between plots *gx arid "L" on said map; and {; THENCE 1oY 89 degrees 46 minutes QC3 seeds West aloes said last mend THENCE t-jdned division line 566.04 feet to the point. or place of BEGTIaIN�1G C)G3~i'�`)IF3 with any land lYirtg. bet�reer� the lore line.. of l�iattituck Creek €Y' (:Or Y} as shpwaa on said map andthe preso.n sigh water mark of Matti I track Creek, lying in front of and,.;ad3oin .the fofegriirg described premises. TOG•Fs° HER with a right of way'aver North Drive and. BaY Vier"Ave>3ue as shown on said map. CT"to, any state of facts an aecurate survey may, shox'. iHER with all right,title and interest,if any,of the party-of the first part to and to any streets and roads abutting the above described premises to the centerlines thereof;TC3GETH2 with the appurnnances . ! a0d all the:estate and tights of the party of the first part in an to said'premises 70 HAVE AND TC) HOLD the premises herein granted unto the party of the second part,the heirs or successors and.assigns of €=r the party of;the second part forever. 1_ 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. t AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- i. 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 WMESS WHEREOF,the party of the first part has dui emcuied tht deed y first above written, 1 IN`PRWRNCE OFS EC3 E 77 Y v. a-SE N sa V #1�.7, 1 .✓Y l E 1 Oi�'tlueday of Ji121e" 196g , before me On the dsy f persoTtalty cake az6wt W.s. OI.SMI and 1 - �Y OYSE-N, his wife to-cnekncr to be the indiuidualS described in and who to me known to sndrvidual de�csitied is and wbv r s c,exGcut•d`the. £dreg-hg instruTnGnt; and acknowledged that Gxecnted ptt and atictiowledgtd tffiRt �cecuted the same: 3 ]ttlBERt ! stulnttt ,� y A rk State bf "Qua '` * V�'e� 1R� Te �Fues Vh 1971 �� r� i h STATE OF ti 'YoRK;couml OF >Rst ifiiAiE OF[ I11 PORK Y OF s 15 ; be fore me ,fir on.;rthe day of 19 , before me On the day 0£ -R" X em a m wdult liho,Uet> bp"me dull 3w didosn, dose and fo tlt 'x t53tiy.tbat d resident No: w►oin . a swath, " r c es�41 ib a 5 i 'that h+•TS the th r , the mspomtion described m l whtb 'fililev$art�oita ITF xooty lbat Maws tb&seal of> id wrporation; that the seal affixed described in And aphrr Gxecisted the £ozegoiag instrument, 'vtk said metsttitient.is sxukite54a1 r t S:- r s� log, saAP _ affixed bt des 61 b®ar direcgrs of`s + ra � oa,aridEat he signed h. riatiie themto b } order apt tiie sic,t .R c aft'Ad" 11¢tm SECnON '<$€ WITH CGVFNANT AGA NST GRANTOR'S AC,$, BLOCK � rk No. li �> 3 �. �'rlfflF?GE erir3 Ci3utir dR TDWNufolt" 01SEI9 his wife 3 to IAl BOUHGU GNQN Jr., and f '. -'; •<� RG't`�i�N=BY`'11tA�?O his- 3 ✓'e' 3 'S7"DARD FORA"Of NEW YGRR 60ARD OF-TITLE I,iHDER'N�R[TRR1 1 `'` �'- Distributed by $E&RITY TITLE AND GUARANTY COMPANY i • s �jCt{at A5CEl3R� Cs 3Fs Ji ca:grZ ; CN ARTFREII 428 u' IN:NEW YQRK - ._Zip No. (1 7 7� PAtc-tivC 4. x > �, I- �. 1969 cALBE Clerk of Stfo 'T$( _ . k Count} IJ ss ram?. ' �,s s ,x �i� § d .. j Lu Mtn PLc:f t � ar 1ao M1 ° s_, a! v 6+ 01 1IFIT � lye x Out .{ � 4 scoot Al prot KP_ , r suu�>cvrntoo Gar AN Q Gucxwcxr5ed to +ttc -cUtviiu Ei-:,L C'-"JC) N B''uif.<a�'�,� v •< fo tlt� U�.i44 ,1ci -acne rtpss Bu.k� AT C11,5 5LAYyVCy 6 MOy ^. VAN �r.�c cd I csridu�'veua