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HomeMy WebLinkAboutCase, Katherine R PATRICIA A. FINNEGAN - TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Joanne Liguori Lynne Krauza Secretary to the Town Attorney October 19, 2005 Quitclaim Deed w/Katherine R, Case Swamp Road, Cutchogue, NY Please be advised that Kieran has reviewed and approved the Quitclaim Deed and conveyance documents in connection with the referenced matter. A copy of resolution no. 627 authorizing Josh to sign this document is also attached. In this regard, kindly have Josh sign these documents where indicated and return them to me. Please note that Josh's signature on the deed will have to be notarized. In addition, these documents must be signed using black ink. After they have been signed by Josh, I will forward them to Ms. Case's attorney, Mary Lou Folts, Esq., for countersignature and ultimately to be recorded with the Suffolk County Clerk. Thank you for your attention. If you have any questions, please call me. /Ik Enclosures cc: Ms. Elizabeth Neville, Town Clerk (w/encls.) ~ Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Page / Filing Fee Handling 5. O0 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Other Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Grand Total 4lfips .O Isecaon116.oOlmockO2.O0 1 o O19.ooo Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add.. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Real Property Tax Service Agency Verification Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Consideration Amount $ CPF Tax Due $ -0- Improved Vacant Land X TD LARK & FOLTS, ESQS. P.O. BOX 973 CUTCHOGUE, NY 11935 TD 7 ] Title Company information Co. Name Tire # Suffolk County Recording & Endorsement Page This page forms part of the attached TOWN OF SOUTHOLD deed (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the Township of Southold KATHERINE R. CASE In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Form 8004 (9~99) -- Quitclaim Deed--Individual or Corporation. (single sheet) · ' C:ONRULT YOUR LAWYER BIFORB RIGNING THIS INS~TRUMINT-- TNli INSTRUMINT SHOULD BE UIBO BY LAWYIER~ ONLY. NO N.Y.S. TRANSFER TAX STAMPS REQUIRED THIS INDENTURE, madethe dayof xaak BETWEEN TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road, Southold,'New York 11971, partyofthefirstpart, and KATHERINE R. CASE, residing at 174 New York Avenue, Massapequa, New York 11758 DIST. 1000 SECT. 116.00 BLOCK 02.00 LOT 019.000 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 pamel of land, with the buildings and improvements thereon erected, situate, lying and beingk~at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described on SCItEDIJ~E A which is attached hereto. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances 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, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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. IN PRESENCE OF: TOWN OF SOUTHOLD by: Joshua Y. Horton, Supervteor Acknowledgement taken In New York State State of New York, County of Suffolk Acknowledgement taken In New York State , ss: State of New York, County of On the day of , in the year ; before me, the undersigned, personally appeared Joshua Y. Hort:on personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(~,~s · (-me) subscribed to the within instrument and acknowledged to me that he/~s-~e~'~e~ executed the same in his/ITel'/lll~ir capacity(iamb and that by his/he~Rheh, signature(~) on the instrument, the individual(e) or the person upon behalf of which the individual(s~.a, cted, executed the instrument. On the day of , in the year the undersigned, personally appeared , before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Acknowledgement by Subscribing Witness taken In New York State State of New York, County of On the day of , in the year the undersigned, personally appeared , beforeme, the subscribing witness to the foregoing instrument, with whom f am personally acquainted, who being by me duly sworn, did depose and say, that he/she/they reside(s) in that he/she/they know(s) to be the individual described in and who executed the foregoing,instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. Acknowledgement taken outside NewYork State * State of , County of * (or insert District of Columbia, Territory, Possession or Foreign Country) , SS: On the day of , in the year the undersigned, personally appeared , before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No.: TOWN OF SOUTHOLD TO KATHERINE R. CASE SECTION 116.00 BLOCK 02.00 LOTp/o 0i9.000 COUNTY OR TOWN Suffolk County, Town of Southold RETURN BY MAILTO: Distributed by C]ficago Title insurance Company Zip No. O ALL that certain plot, piece or parcel of land situate, .lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Case Road, 225.00 feet easterly along said northerly line from its ~ intersection with the easterly line of Bay Road; running thence along land now or formerly of Lynch, North 13 degrees 01 minutes 40 seconds West 230.40 to land now'or formerly of the North Fork Country Club; running thence along said last mentioned land North 89 degrees 42 minutes 10 seconds East 25.63 feet to land now or formerly of Case; running thence along said last mentioned land South 13 degrees 01 minutes 40 seconds West 236.0~ feet to the northerly line of Case Road (which point is 200.00 feet westerly along said northerly line from its intersection with the westerly line of Meadow Lane); running thence along said northerly line of Case Road North 76 degrees 58 minutes 20 seconds West 25 feet to the point or place of beginning. BEING AND INTENDED TO BE the easterly half of a former Town Highway known as Swamp Road abandoned by the party of the first part in 1969. ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 · Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-627 Resolution ID: 1202 Meeting: 10/11/05 04:30 PM Department: Town Attorney Category: Contracts, Lease & Agreements THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-627 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 11, 2005: WHEREAS, in 1969 ~he Town of Southold formally abandoned a roadway known as Swamp Road in Cutchogue that had never been developed; and WHEREAS, in 1973 the Town of Southold quit claimed the westerly portion of Swamp Road to the adjacent property owner, but neglected to do so with regard to the easterly portion; and WHEREAS, the owners of the easterly portion of Swamp Road have been assessed and are paying real property taxes to the Town of Southold on that portion; now, therefore, IT IS HEREBY RESOLVED, that Supervisor Joshua Y. Horton of the Town of Southold is hereby authorized and directed to sign a Ouitclaim Deed with resnect to the easterly oortion of Swam~ Road, to the current adjaeent property owners to the east. Elizabeth A. Neville Southold Town Clerk SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages= 4 Receipt Number : 05-0118615 TRANSFER TAX NUMBER: 05-14831 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 116.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 05-14831 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 11/14/2005 02:05:42 PM D00012419 646 Lot: 019.000 Exempt $5 00 NO $15 00 NO 8165 00 NO $5 00 NO $0 00 NO $0 00 NO $247 00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 31 Page / Filing Fee Handling TP-584 5. 00 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (County) <)/-__ Sub Total EA-5217 (State) ~,~ R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit NYS Surcharge 15. 00 Sub Total Other 4 I l~fs~.0 Section Grand Total 116.00 ]Block 02.00 ILr ° °.9'°°° S Real Property Tax Service Agency Verification 9 1000 11600 0200 01900¢~ [ Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 I RECORD & RETURN TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add.. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of thi~. ~stmment. -- // Community Preservation Fund Consideration Amount $ - 0 - CPF Tax Due $ - o - Improved Vacant Land X TD LARK & FOLTS, ESQS, P.O, BOX 973 CUTCHOGUE, NY 11935 TD TD 7 I Title Company Information Co. Name Title # 81 Suffolk County Recording & Endorsement Page This page forms part of the attached TOWN OF SOIJTItOLD deed (SPECIFY TYPE OF INSTRUMENT) The promises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the Township of Southold KATHERINE R. CASE In the VILLAGE Cutchogue or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) ' ~ ~Form 8004 (9/99) -- Quitclaim Deed--Individual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIONINB THIS INSTRUMENT -- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. NO N.Y.S. TRANSFER TAX S T,~iP S REQUIRED THIS INDENTURE, made the day of m,rk BETWEEN TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road, Southold, New York 11971, partyofthefirstpart, and KATHERINE R. CASE, residing at 174 New York Avenue, Massapequa, New York 11758 DIST. 1000 SECT. 116.00 BLOCK 02.00 ~LOT °019.000 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, with the buildings and improvements thereon erected, situate, lying and being m4he at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described on SCREDULE A which is attached hereto. TOGETHER with all right, title and interest, if any, of the party of the first part, in ned to any streets and roads abutting the above-described piemises to the center lines thereof; TOGETHER with the appurtenances and all the estate and righys of the par~y of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein ,grarrted unto:the party of the s~cond 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 13 of the Lien Law, hereby covenants that the party of the first part will recei,)e the consideration for this conveyance and will hold the right to receive such consideration 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. IN PRESENCE OF: TOWN OF! SOUTHOLD Supervisor Acknowledgement taken in New York State State of NewYork, County of Su££olk Acknowledgement taken in New York State , ss: State of New York, County of , SS: On the ,:,¢-,/' day of (Dc'C,, , in the year,~'~¢.-?~3, efore me, On the day of , in the year the undersigned, personally appeared Joshua ¥. Horton the undersigned, personally appeared , before me, ,( TATE OF NEW YORK SS: UNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED ,,/f)~,/.~ ATPAGE ./'?z.//¢¢ RECORDED ,//-/ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE ,THEREOF. TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID ~%UNTY AND COURT THIS/x/C/t"BAY OF ~/) ~~'~2,''t-'~ ~111~ ~'~,~ CLERK On the day of , in the year the undersigned, personally appeared , before me, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that he/she/they reside(s) in that he/she/they know(s) to be the individual described in and who executed the foregoing,instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/hedtheir name(s) as a witness thereto. [u~ .1~[[ UlS[rlc~ OT Uolumbia, Territory, Possession or Foreign Country) On the day of , in the year the undersigned, personally appeared , before me, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No.: TOWN OF SOUTHOLD TO KATHERINE R. CASE Distributed by Chicago Title Insurance Company SECTION 116.00 BLOCK 02.00 LOTp/o Ot~.O00 COUNTY OR TOWN Suffolk CouEty, Town of Southold RETURN BY MAILTO: Zip No. SC~D~LE A - DESCRIPTION ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Case Road, 225.00 feet easterly along said northerly line from its intersection with the easterly line of Bay Road; running thence along land now or formerly of Lynch, North 13 degrees 01 minutes 40 seconds West 230.40 to land now'or formerly of the North Fork Country Club; running thence along said last mentioned land North 89 degrees 42 minutes 10 seconds East 25.63 feet to land now or formerly of Case; running thence along said last mentioned land South 13 degrees 01 minutes 40 seconds West 236.0~ feet to the northerly line of Case Road (which point is 200.00 feet westerly along said northerly line f~om its intersection with the westerly line of Meadow Lane); running thence along said northerly line of Case Road North 76 degrees 58 minutes 20 seconds West 25 feet to the point or place of beginning. BEING AND INTENDED TO BE the easterly half of a former Town Highway known as Swamp Road abandoned by the party of the first part in 1969.