HomeMy WebLinkAboutMeyer, Peter J & StellaROBERT W. TASKER
Town Attorney
425 MAIN ST.
GREEN'PORT, L.I., NEW YORK I1944
TELEPHONE
(516) 477-1400
March 12, 1979
Hon. Judith T. Terry
Southold Town Clerk
Town Hall
Souihold, New York 11971
Re: Town of Southold w/ Meyer
Dear Judy:
Relative to the above captioned title closing, I enclose herewith the
following:
(1) Deed from Peter J. Meyer, Jr., Stella Meyer and
Peter Meyer III to the Town of Southold dated February 26,
1979 and recorded in the Suffolk County Clerk's Office on
March 5, 1979 in Liber 8591 of deeds at page 37.
(2) The Title Guarantee Company policy of title insurance
No. 1205103 dated February 28, 1979 in the amount of
$8, 000 naming the Town as the insured.
(3) Copy of the Contract of Sale.
(4) Closing Statement.
In order that I may have a record for my files, will you please
acknowledge receipt of the enclosures by signing and returning to
me the copy of this letter enclosed for that purpose.
Yours very truly,
ROBERT W. TASKER
RWT :MY
Enclosures
RESOLUTION
At a meeting of the Town Board of the Town of Southold· held
on January 30· 1979.
WHEREAS, a serious drainage problem exists on Boisseau Avenue
at or near its intersection with the Long Island Railroad right of way,
and
W]~IEREAS, PETER J. MEYER, JR. and others are the owners of
property on the east side of Boisseau Avenue and will sell a 40, 000 ', ,~
square foot parcel thereof to the Town of Southold for the sum of $7° 500.00·
and·
WHEREAS° this Board deems it in the public's interest that the
Town of Southold acquire said 40· 000 square foot parcel of land for the
purpose of constructing a recharge basin thereon to alleviate flooding con~
ditions in the area.
NOW, THEREFORE· BE IT RESOLVED· that the Town of South-
old acquire the parcel of land herein-described from ]Peter J. Meyer, Jr.
for the sum of $7, 500 and that the Supervisor be and he hereby is author-
ized and directed to execute a contract for such purchase on behalf of the
Town'of Southold· said contract to be in such form as is approved by the
Town Attorneyi3. Said real property being described as follows· to wit:
ALL that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being at Southold,
in the Town of Southold, County of Suffolk and State of New York bounded
and described as follows:
BEGINNING at a point on the easterly line of Boisseau Avenue,
1395.96 feet northerly along said easterly line from the Main Road; said
point of beginning being the southwesterly corner of land of Barzac; from
said point of beginning running along said land of Barzac, 2 courses as fol-
lows:
(1) south 87 degrees 29 minutes 50 seconds east 200.0 feet, thence
(2) north 2 degrees 30 minutes 10 seconds east 112.51 feet to land of
Knutson Marine Center° Inc., being also the southerly line of a 25-foot
right of way; thence along said land of Knutson Marine Center, Inc., being
along said southerly line of said 25-foot right of way, south 81 degrees
55 minutes 50 seconds ..mast 96.70 feet; thence along land of the party of
the first part, 2 courses, as follows:
(1) south 2 degrees 30 minutes 10 seconds west 203.13 feet; thence
(2) north 87 degrees 29 minutes 50 seconds west 296.24 feet to said
easterly line of Boisseau Avenue; thence along said easterly line0
north 2 degrees 30 minutes 10 seconds east 100 feet to the point of
beginning.
Containing 40, 000 square feet.
ATTrlRNEY AT LAW
Januar~ 26, 1979
Mr. Albert Martocchia, Supervisor
Southold Town Hall
Main Road
Southold, New York 11971
Dear Mr. Martocchia:
Re: Town of Southold w/Meyer
Enclosed herewith is a copy of the proposed contract for the
purchase of a parcel of land on the east side of Boisseau
Avenue in Southold, New York from Meyer at a price of
$7, 500.
The contracts have this day been sent to the attorney for
the sellers for their execution and return to me.
Also enclosed herewith is a proposed resolution which
should be presented to the Town Hoard at its meeting held
on January 30, 1979. This resolution authorizes the purchase
of the Meyer property.
RWT:fae
Enc.
Yours Very_truly, .~
37
THIS INDENTURE, made the of February , nineteen hundred and Seventy-Nine
BETWEEN
PETER J. MEYER, Jr. and STELLA MEYER, his wife, and
PETER 1VIEYER, III, all residing at 121 Piquet Lane, Woodbury,
New York, 11797,
party of the first part, and
Dist. 1000
Sec. 63
Blk. 3
Lo~ plo 1
TOWN OF SOUTHOLD, a municipal corporation of the State of
Southold, New York
New York, having its office at Main Road,
11971,
party of the second part,
WlTN~, that the party of the first part, in consideration of
lawful money of the United States,
$ RE~ED
'//,k:XL a?X;%"
MAR 5 1979
TRA'HSFE'R I:AX
SUFFO,L,K dollars,
OOUNf Y
paid
by the party of the second part, does hereby grant and release unto the .party of the second part, the heirs or
successors and assigns of the party of the second part forever,
.aLI. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being i~-the- at Southold, in the Town of Southold, County of Suffolk and State o
New York, bounded and described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and beit/g at
Southold, Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the easterly line of Boisseau Avenue, 1395.96 feet
northerly along said easterly line from the Main Road, said point of beginning bein
the south~vesterly corner of land of Barzac; from said point of beginning running
along said land of Barzac, 2 courses as follows: 1. South 87 degrees 29 minutes
50 seconds East, 200 feet; 2. North 02 degrees 30 minutes 10 seconds East, 112.
feet to land of Knutson Marine Center, Inc., being also the southerly line of a 25
foot right of way; thence along said land of Knutson Marine Center, Inc., being
along said southerly line of said 25 foot right of way, South 81 degrees 55 minutes
50 seconds East, 96.70 feet; thence along land of the party of the first part, 2
courses as follows: (1) South 02 degrees 30 minutes 10 seconds West, 203.13
feet, (2) North 87 degrees 29 minutes 50 seconds West, 296.24 feet to said
easterly line of Boisseau Avenue; thence along said easterly line, North 2
degrees 30 minutes 10 Seconds East, 100.00 feet to the point of BEGINNING.
It is understood and agreed by and between the parties hereto that the purchaser
proposes to use the above-described premises for the construction thereon of a
recharge basin and/or other surface water drainage facilities to alleviate existing
flooding conditions on Boisseau Avenue and the area in the vicinity thereof. The
purchaser agrees that it will construct such drainage facilities in such manner
that no surface water will flow from Boisseau Avenue onto other property of the
sellers adjacent thereto. It is further agreed that the deed to be delivered
pursuant to the terms of this agreement grant to the sellers and their assigns the
right to_ drain surface water from all or any part of their remaining premises
(shown and designated on the Suffolk County Tax Map as District 1,000, Section
063, Block 3, Lot 1) into the recharge basin or other, drainage facilities construct
on the premises being conveyed hereunder.
u~,~859! r~c~ 38
BEING4the same premises conveyed to the ,sellers herein by deed dated April 10,
1969, recorded in the Office of the Clerk of the County of Stfffolk on April 16,
1969,-'in Liber 6535 of Deeds, Page 101.
TOGlafHER 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,
'ro HAVE AND TO HOI..I) 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 incumbered in any way whatever, except as aforesaid.
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-
eratlon 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 ~ ~q'IF..REOFs the party of the first part has duly executed this deed the day and year first above
written.
Peter J. Meyer, Jr.
Stella Meyer
Peter Meyer,/iii
F N SS~, B_ ul[~ '
On ~e ~.o't~ day of February, 1~W'9 , ~fo~ me ~ ~ ~y of~ 19 , ~{ore me
~ly ~e PETER J. ~YE~, JN., ~r~y ~e
~TEL~ ~YEE and PETER ~YER,
to me ~own to ~ ~e in, rides d~ ~n ~nd who to me ~own t~ ~ ~he lndlv~du~ descried in ~nd
~ ~e [or~ing ~nstm~t, ~d a~wl~ged ~t ex~t~ the forgoing ~n~tmem, ~nd ~wledged
[he~ ~ut~ ~e ~.~ ~ut~ ~e ~
STATE OF NEY( YORK, C;OUNI~ OF ..c'~.,.,~.~-~c/,c'/ s,:
Oa
day of ~';,~.dr/ 197.~, before me
~rsonaIIy ~me J~ ~.~
to me known, who, ~ing by me duly sworn, did de~se and
say that he resides at ~.~.w~r~O~
that he is the ~ acco z~ ~
, ~e ~ra~on desc~b~
~n and which ex~uted the foregoing instrument; t~t he
~ows ~e s~l of mid cor~ration; t~t the s~l affked
to ?id inst~me~js such co.rate ~I; t~t it w~ so
a~xM by order ~ard ~ of ~d co~m-
~on, and ~at ~ s~ n~e ~ereto by l~e o~er.
ROBERT W. TASI<ER
NOTARY PUBLIC, State of New
Suffolk County N0. 52-39337~5
Term Expires hlarch 30, 1979
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that. it was so
affixed by order of the board of directors of saJd corP°ra~
tlon, and that he signed h name thereto by like order.
~a~:gain an~ ~a[e
WI'IH COVENANT AGAINST GRANTOR'S ACTS
PETER $o MEYER, JR., STELLA
~/IEYER and PETER MEYER, III,
TO -
TOWN OF SOUTHOLD
TITLE GUARANTEE-
N~WYORK
ATICOR COMPANY
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded At Recluest of The Title Guarantee Company
RETURN BY I~A/L TO:
Robert W. Tasker, Esq.
Town Attorney, Town of
Southold
425 Main Street
Greenport, L.I.N.Y.Z¥ No. 11944
I~0.0
t
.. o, J g 9 1979
CONSULT YOUR LAWYER BEFORE SIGHING THIS INSTRUMENT~T~IS INSTRUMEHT S~OULD ~E US~O ~O~'¢¢f~S ONLY,
NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk%flo~ by fire or other ca~alty be~
fore delivery of the deed. U~ess express provision is made, the provisions o~Section 5-1311 of the Gener~
Obligations ~w w~l apply. This section dso places risk of loss upon purchaser if title or po~ession is transferred
prior to closing.
THIS AGREEMENT, made the day of , nineteen hundred'and
BEI%VEEN PETER J. MEYER, JR. and'STELLA MEYER, his wife and PETER
MEYER~ III, all residing at 121 Piquet Lane, Woodbury, New York
hereinafter described as the seller, ~nd TOWN OF SOUTHOLD, a municipal corporation
of the State of New York, having its office at A~ain Road, Southold, New York
11971
hereinafter described as the purchaser,
WITNESSETH, that the seller agr,c~es to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece
or parcel of land, with the b¢ilding, and improvements thereon erected, situate, lying and being~:ffl~: at Southold,
in the Town of Southold, County of Suffolk and State of New York bounded and
described as follows:
BEGINNING at a point on the easterly line of Boisseau Avenue, 1395.96 feet
northerly along said easterly line from the Main Road; said point of beginning
being the southwesterly corner of land of Barzac; from said point of beg. inning
running along said land of Barzac, 2 courses as follows:
(1) So87°29'50"E.-200.0 feet, thence
(2) N. 2°30'10"E. -112.51 feet to land of Knutson Marine Center, Inc., being
also the southerly line of a 25' right of way; thence along said land of Knutson
Marine Center, Inc., being along said southerly line of said 25' right of way,
S. 81° 55'50"E. -96.70 feet; thence along land of the party of the first part, 2
courses, as follows:
(1) S. 2°30'10"Wo -203.13 feet; thence
(2) N. 87~29'50"W. -296.24 feet to said easterly line of Boisseau Avenne; thence
along said.easterly line, N. 2°30'10"E. -100.00 feet to the point of beginning.
Containing 40, 000 square feet.
It is understood and agreed by and between the parties hereto that the purchaser
proposes to use the above-described premises for the construction thereon of a
recharge basin and/or other surface water drainage facilities to alleviate ex-
isting flooding conditions on Boisseau Avenue and the area in the vicinity thereof.
The purchaser agrees tha~ it will construct such drainage facilities in such manner
that no surface water will flow from Boisseau Average onto other property of the
sellers adjacen~ thereto. IL is:further agreed that the deed to be delivered pur-
r~
sunni to the terms of this agreement g.o.nt to the sellers and their assigns the
right to drain surface water '~ all or
· rom any part of their remaining premises
(shown and designated on the Suffolk County Tax Map as District 1,000, Section
063, Block 3, Lot 1) into the recharge basin or other drainage facilities con-
strufited Oh the premises beifi¢ conveyed'her~undero - ....... - -~
1. This sale includes aH fight, title and interest, if any, of the seller in and to any land lying in the bed of an}' street, rea
or avenue opened or proposed, in &opt of or adjoining said premises, to the center line thereof, and all right, title and interc
of tiw seller in and to any award made or to be made in lieu thereof and in a. nd to any unpaid award for damage to sa.
pr,emi<., ~y reason of change of grade of any street; and the selle~ will execute and deliver to the purchaser, on ck:sb:g ~
2. Thepriceis SEVEN THOUSAND FIVE ttUNDRED AND 00/100
............................ '-($7, 500.00) ................... Dollars, payable as follows:
ONE }IUNDRTD AND 00/100 ($100.00)' Dollars,
on thc signing of this contract, by check suh.iect to collection, the receipt of which is hereby acknowledged;
'rHous: r?, o% 0 uNDrmr ^UD 00/ 00
cash or good certified check to the order of thc seller on the delive~ of the deed as herc~after~rovided;
"~ad~rs for mortgages of like lien; and shall be drawnby the attomezfor the seller at the expe~tchaser,
who shall ~ort~ge recording t~ and recording fees. ~ .
4. If ~urchase ~e is [o be a subordinate mortgag~ on the pr~~h~ i~MM be subject
and subordi~o file ~en of t~~ mor[g~T $ .... any exten-
sions thereof and to any mortgage or conso~e~ which may be pt~ced on the premises in lieu ~hereof.
u _ ~ . p y m ~gag~.~hall also provtde that
s ch payment 16 the holder thereof shall not alter or Mfect he regular installments if an~ of ~rinci~aY~--,~-,* .* ......
~i.~).~l [U[~)~[.pJgv:d~[~[~}~ holder thereof wdl, on demand and without charge therefor, execute, ac~o;~lodge and
S. If there be a mortgage on the premises the seIIer agrees to deliver to the purchaser at the time of delivery of the deed a
proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to
mount of the unpaid principa, and interest thereon date of matur?y thereof and rate of interest thereon and thc Seller shall
pay the fees for record ng such certificate. Should the mortgagee oe a hank or vt ~er institution as defined in Section 274%
Real Property Law, the mortgagee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer,
or employee, or agent, containing the information required to be set forth in said certificate. Seller represents that such
mortgage will not be in dehult at or as a result of the deliye~ of the deed'hereunder and that neither said mortgage, nor any
modification thereof contains any provision to accelerate payment, or to change any of thc other te~s or provisions
· ereof by reason of the delive~ of the deed hereunder.
6. Said premises are sold and are to be conveyed subject to:
a. Zoning repletions and ordinances of thc city, town or vglage in Milch the premises lie which are not violated by
existing structures.
b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or
above any street or streets on which said premises may abut.
c. Encr~achments ~f st~s~ ~reas~ ce~ar steps~ trim and c~rnices' if any~ np~n any street ~r hi~wa~.
d. Any state of facts an accurate survey or perso~aI inspection of tho
mem~ o(tlousing and Buildmg~, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or
a[IccliDg 0~e prem sea at d~e date hereof, shall be complied with by the sel~er and the premises shall be conveyed free of
[hr ~ame, and this provision of this contract ~hal survh,~ delivery of the dee~ h&reunder. The seller ~hall furnish the pur-
th,lSCr with an authorizat on to make the necessary searches therefor.-
, ~ :ot~ L~ect OhS 564-18 U, etc riot to ' . -- - .~-~ ....
}ct t~pon the delivery of the dee Thiq nrnvi~inn ch'~ p ' thc de~lve~ of the deed shall be pa d a
9 i__ __ d ..... ~ ........... a,,sum,vethedehveryofthede~y~ ged by these,.
. ~ ~at the time of the deliver- of the deed t~ - '
l I. If the closing of the title shall.occur before the tax rate {s fLxcd, the apporfionment of taxes shali be upon tbebasis
f.thete *be a water meter on the premises, the seller
~ tin,,e) !~ere!n set £or closing title, and the unfixed meter (l~.e
2tervcnmg tm~e sh~ be apportioned on the basi~ of such~c~d;n:~.
The d~ed shall be lhe usual B~rgain and Sale wi~h ('c~vcn~nt A
'.l in pn~per s~atutow short form for ~ecotd a~M ~M!i be &fly
Code of the City of New York and will also della'et to tb~ purchaser the return required by the said statute and
ulations issued pursuant to thc authority fi~e~eof, dnly signed and sworn to by the seller; the purchaser
swear to thc return and to cause the check and Ibc ~cmm lo be ddivc~cd to the City Register promptly .ffwr thc d,,smg oft
title.
16. The seller ~hall ~ive ami tl;c putcha;ct sh::~! .,cccpl :, ~,I: 5nth
such taxes or other liens and ellc~mbtances shall not be de~mcd objcclmns to title if the seller shall comply with the fo~
tn similar lo Ihal of the seller, the selle~ will on request deliver to the purchaser an affidavit showing that such jodgmenl
~' In the event that file seller is unable to convey title in accotdance with the terms of this contract, the sole liab/lJly
tS}'~ 5,:ller wdl be to rdfund to tl~e purchaser tl~e amount paid on account of lhe ptuchase p~icg and to pay thc net cost.
examining Ihe title, which cost is not to exceed the charges fLxed by the New Yo~k Board of Title Underwrite~g. ~nd the
2o. 'll:~ .~g~cc;nc~ll may not be chan~cd or terminated orally. Tile st)pulalmus aforesaid a~c to apply lo and brad
27. If lwo ,,r mote persons constitute either thc seller or lhe purchaser, the word "seller' ot the word
shall be ctmsL~ucd as if it tead ~*sellers" or "purchasers" wherever the seuse of this agreement so requires.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto.
In pre:.cnce
Peter J. Meyer,
~3tella Meyer
Pete/' Meyer Ill
TOWN OF SOUTIIOLD