HomeMy WebLinkAboutTown of Southold-quitclaim deed for portion of 7th St
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ROBERT H. BERNTSSON
ASSISTANT TOWN A TIORNEY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1939
FAX NO.
(516) 765.1823
JAMES A. SCHONDEBARE
TOWN ATTORNEY
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
INTER-OFFICE MEMO
FROM THE TOWN ATTORNEY'S OFFICE
TO:
Judith T. Terry, Town Clerk
FROM:
James A. Schondebare, Town
Attorney cyIJ
IIQMD
OCTl27 'S89
DATE:
October 27, 1989
So.AJd T ,,~~ l"I..lr
RE: 7th Street Quitclaim Deeds.
Enclosed are copies of two quitclaim deeds reference the abandoned
portion of 7th Street.
It appears that the Town, back in 1983, abandoned a portion of 7th
Street that runs up to the railroad tracks. The purpose of the
abandonment was to allow additional lot footage to the adjacent parcels
both of which were in the Towns affordable housing program.
Evidently what was not accomplished was the actual transfer of the
deeds, hence the enclosures.
Please put this on for a resolution at the next Town Board meeting.
. (
INTER-OFFICE MEMO
FROM THE TOWN ATTORNEY's OFFICE
TO:
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RECEIVED
OCTI12 Ql9
FROM:
DATE:
SUBJECT:
SIGNATURE
TIILIIPHONII.818.477.204.
SUS.477.2.ZIS
FAX .1118.477.8818
FREDERICK J. TEDESCHI
ATTORNEY AT LAW
218 FRONT STRI.ET
P. O. BOX lSez
Oftl.ENPORT, NEW YORK 1 '844
August 7, 1989
Mr. Robert H. Berntsson
Assistant Town Attorney
Town of Southold
Town Hall
Main Road
Southold, N. Y. 11971
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Re: Wavde and Giulia Manwarinq
Dear Mr. Berntsson:
This will confirm our conversations relative to the Town's
abandonment on September 20, 1983 of a portion of Seventh Street,
Greenport, New York.
My clients, Wayde T. Manwaring and Giulia Manwaring, own the
premises adjacent to the same on the west and are desirous of
securing a Quitclaim Deed from the Town for the approximate 25 feet
that was abandoned. and not conveyed out.
I enclose herewith for your information copy of survey dated
January 3, 1988 made by Peconic Surveyors, P.C. which shows my
clients' premises.
Also enclosed herewith is a copy of the Certificate of
Abandonment consented to by the Southold Town Board on September
20, 1983.
I am informed that the easterly 25 feet that was abandoned has
already been conveyed out by the Town.
If you require any further information please call me.
Very truly yours,
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FJTja
Enclosures
c.c. Mr. & Mrs. Wayde T. Manwaring
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:l;' AI3~NDONMENT OF SEVENTH STREET,' GREENPORT. N. Y .
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TOWN OF SOUTHOLD
COUNTY OF SUFFOLK
In the Matter of the Abandon- :
ment of a portion of a Highway:
in the Town of Southold, known:
as Seventh Street
Certificate
" Of
Abandonment
The undersinged, Raymond C. Dean, Superintendent of Highways of the
Town of Southold, Suffolk County, New York, hereby certifies:
That the highway in said Town of Southold known as Seventh Street and
extending from the Northerly line of Flint Street northerly to land of the
Long Island Railroad Co., has not been traveled or used as a highway for s
and more years prior to the date of this Certificate and said highway is
hereby declared abandoned pursuant to Section 205 of the Highway Law as a
highway and a public right of way. Said abandoned highway is described as
follows, to wit:
All that certain plot, piece or parcel of land situate lying and bein
nard the Village of Greenport, in the Town of Southold, Suffolk Count
New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Flint on the extension
of Seventh Street and running thence North 6 degrees 53 minutes 30
seconds East 130.40 feet to land of Long Island Railroad Co., thence
along said land of Long Island Railroad Co. South 84 degrees 11 minut
, 40 seconds West 51.26 feet to the extension northerly of the westerly
line of Seventh Street; thence along siad'extension South 6 degrees 5
minutes 30 secondS West 118.86 feet to said northerly line of Flint S
thence along said northerly line of Flint Street South 82 degrees 77
minutes 10 seconds East 50 feet to the point or place of beginning.
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That the above abandoned highway is shown on a certain map entitled
"Map of Greenport Driving Park" filed in the Suffolk County Clerk's Office
as Map No. 369
IN WITNESS WHEREOF, the undersigned Town Superintendent of, Highways P
executed this Certificate this 20th day of September, 1983.
/s/ Raymond C.Dean
Superintendent of Highways of the
Town of Southold
The undersigned members of the Town Board of the Town of Southold,
constituting a majority of said Board do hereby consent to the above certi
ficate this 20th day of September, 1983
William R. Pell, III, Supervisor
John J. Nickles, Councilman
Lawrence Murdock; Jr., Councilman
Francis J. Murphy, Councilman
Joseph L. Townsend, Jr., Councilman
Raymond W. Edwards, Jr., Town Justice
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Filed and recorded in the Town
Clerk's Office of the Town 'of
Southold this 20th day of
September, 1983.
Judith T. Terry
Sbuthold Town'Clerk
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TITLE USA INSURANCE CORP.
WA YDE .1. MANWARING'"
JULIA MANWARING
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FLINT STREET
SURVEY OF LOT 90
"PLAN OF PROPERTY At GREENPORT
KNOWN AS, GREENPORT
DRIVING PARK"
FILED DEC. '. 1909 FILE NO. 969
A T GREENPOR T
tOWN OF .SOUTHOLD
SUFfOLK COUNT~N y
1000 - 48 - 02 - 12
Scals 1" = 20'
Jan. 3, 1988,
,.,."..d In _tIMo. IIrlM ",. ...._
"IIId..d. for title .",,,.,. .. ..,lIbI/med -=
b, M. L.J.A.L.I. IIId """,oll.d IIId Id""tlld
'01 '/IOA U.. by ,.".~.", Yorlr St.,. blld
fl',. AltoollltltHI.
88 - 747
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. t standard N.V.& T.U. FOlQl 8009
<:!:ui~im Deed....;Individu.l or Corporuion
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CONSULT YOUR LAWYER BEFORE SIGNING THI5 INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY lAWYERS ONLY
THIS INDENTURE, made the 14th day of November, nineteen hundred and eighty-nine
BETWEEN
TOWN OF SOUTHOLD, a Municipal Corporation, having an
office at 53095 Main Road, Southold, New York 11971,
party of the first part, and
WAYDE T. MANWARING and JULIA MANWARING, his wife,
residing at 321 Flint Street, Greenport, N.Y.11944
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
ONE ($1.00) ------------------------------------------------- dollars,
lawful money of the United States, paid
by the party of the second part, does hereby remise, te lease 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, situ-
ate, lying and being in the Town of Southold, County of Suffolk and State of
New York, and more particularly bounded and described as follows:
BEGINNING at a point on the northerly line of Flint Street at the
south easterly corner of Lot No. 90 as shown on "Map of Greenport
Driving Park" and filed in the Suffolk County Clerk's Office as
Map #369; running thence along said Lot No. 90 north 6 degrees 53
minutes 30 seconds east 118.85 feet to Long Island Railroad; thence
along said land North 84 degrees 11 minutes 40 seconds east 25.63
feet to land to be conveyed to Christina M. Dinizio; thence along
said land south 6 degrees 53 minutes 30 seconds west 124.63 feet to
the northerly line of Flint Street; running thence along said line
north 82 degrees 47 minutes 10 seconds west25.0feet to the point or
place of beginning.
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TOGETHER 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 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:
urphy, Supervisor
STATE O' NEW YOlK, COUNTY OF
On the day of
personally ame
19
, before me On the day of
personally ame
19
, before me
to me mown to be the individual described in and who
executed the foregoing instnJment, and acknowledged that
executed the same.
STATE O' NEW YOlK. COUNTY O' SUFFOLK 55:
On the 15th day of November, 1989 ,beforeme
personallyame FRANCIS J. MURPHY
to me mown, who, being by me dulv sworn. did depose and
say that he resides at No. 3325 Wickham Avenue,
Mattituck, N.Y. 11952
that he is the Supervisor of the Town
of Southold, a Municipal Corporation,
arrl , the corporation described
in and which executed theT6regoing 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 said corpora-
tion, and that he signed h isname thereto by like order.
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V' No~MiW-c
NoIIly PubIio, SUleof_YGdI
No. 62 031t083
CluoI_ln Suffolk CounIY.d /
Cammiulon ExpIres Moy 31. 'llr-<-
etlitdaim J:lttb
TITLE NO.
TOWN OF SOUTHOLD
TO
WAYDE T. MANWARING and JULIA MANWARING,
his wife.
ST_ ,... OF In YIIIIl ..... OF nnE __RITEIS
Distributed by
CHICAGO ~TLIIl
INSURANCE COMPANY
55.
STATE OF NEW YOlK. COUNTY o'
55:
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YOlK, COUNTY OF
55.
On the day of 19 , before me
personally came
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 resides at No.
that he mows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded at Requelt of
CHICAGO TITLE INSURANCE COMPANY
Return by Mail to
FREDERICK J. TEDESCHI
Attorney at Law
218 Front Street, Box 562
Greenport, N. Y. 11944
516 477-2048
Zip No.
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TP-':;84 (4/89)
New York Stale
.~~... Department of
8 Taxation.
.~' and Finance
New York Slale
Combined
Real Property Transfer Gains Tax Affidavit
Real Estate Transfer Tax Return
Credit Line Mortgage Certificate
For depllrtment us. only
ance
Please print or lype
Social security number
(Transferor/grantor) TOWN OF SOUTHOLD
Address
53095 Main Road, Southold, N.Y.
Name T. MANWARING
(Transferee/grantee) MAN RING
Address
ZIP code
11971
Federal employer identificalion number
Social security number
ZIP code
Federal employer identification number
Location and description of property conveyed
Tax map designation Address CilyNillage Town County
Southold Suffolk
Type of property conveyed
(Check applicable box)
1 0 1 - 3 family house
2 0 Residential cooperalive
3 0 Residential condominium
4 50 Vacant land
SOOther
Date of conveyance
I
month
day
Percentage of real property
conveyed which is residential
real property - 0 - %
yea<
Condition of conveyance (Check all that apply)
a. _ Conveyance of fee interest f.
b. _ AcqIJisition of a controlling interest (state
percentage acquired %)
_ Conveyance which consists of a mere k. _ Leasehold assignment or surrender
change of identity or form of ownership or I. _ Leasehold grant
organization m. _ Conveyance of an easement
(Attach Form TP.SS4.1, Schedule F) n. _ Conveyance for which exemption from
g. _ Conveyance for which credit for tax transfer tax is claimed. (Complete
previously paid will be claimed Schedule C. Part III)
(Attach Form TP-584.1, Schedule G) o. _ Conveyance by gift
h. _ Conveyance of air rights or development p. _ Conveyance of property partly within and
rights partly without the state
e. _ Conveyance pursuant to or in lieu of i. _ Contract assignment q. .J.l Other (Describe) portion of Town
foreclosure (Attach Form TP-584.1, Schedule E) j. _ Option assignment or surrender abarrloned property
Schedule 8 - Real Property Transfer Gains Tax Affidavit (Article 31-8 of the Tax Law)
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c. _ Transftfl' of a controlling interest (state
percentage transferred
d. _ Conveyance to cooperative housing
corporation
Check this box If a Tentative Assessment and Return is being flied with respect to your current transfer, and proceed to Schedule C
without completing the following affidavit. Also, enter the assessment number shown on the Tentative Assessment:
I (we) certify that: (check appropriate box)
D The transfer of real property consists of the execution of a contract to sell real property without the use or occupancy of such property or the
granting of an option to purchase real property without the use or occupancy of such property.
2 ~ The transfer is a transfer of reat property where the consideration is less than $500,000 and which is neither (A) pursuanJ to a cooperative or
condominium plan, nor (B) a partial or successive transfer pursuant to an agreement or plan to effectuate by partial or successive transfers a
transfer which would otherwise be included in the coverage of Article 31-8 of the Tax Law.
3 D The transfer is a transfer of real property by tenants in common, joint tenants or tenants by the entirety where the aggregate consideration is
less than $500,000. (All such transferors must sign this form.)
4 D The conveyance is not a transfer of real property within the meaning of section 1440.7 of Article 31-8 of the Tax Law. (Attach documents
supporting such claim. and sign on back as required.)
5 0 The transfer of real property consists of premises wholly occupied and used by the transferor exclusively as his residence. including a
cooperative apartment or condominium occupied by the transferor exclusively as a residence. (This exemption may only be claimed by an
individual, estate or trust.)
6 D The governmental entity (transferor) is the State of New York. or any of its agencies. instrumentalities, political subdivisions. or public
corporations, including a public corporation created pursuant to an agreement or compact with another state or Canada.
7 C The governmental entity (transferor) is the United Nations or any other international organization of which the United States is a member. the
United States of America or any of its agencies or instrumentalities.
Schedule C -Real Estate Transfer Tax Return (Article 31 of the Tax Law)
Part I - Computation of Tax Due
1 Enter amount of consideration for conveyance. (ff you are claiming a total exemption from tax, enter consideration
and proceed to Part Ill) . . . . . . . . .
2 Continuing lien deduction (See instructions if property is taken subject to mortgage or lien) .
3 Taxable consideration (Subtract line 2 from line 1) .
4 Tax due: $2 for each $500. or fractional part thereof, of consideration on line 3.
5 Amount of credit claimed (See instructions and attach Form TP.S84.1, Schedule G).
6 Total tax due* (Subtract line 5 from line 4).
Part II - Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More
1 Enter amount of consideration for conveyance (same as amount in Part I, line 1) . . . . . . . . . . . . . . . . . . . . . . ~
2 Taxable consideration (Multiply fine 1 by the. percentage of the premises which is residential real property) (see instructions) 2
3 Total additional transfer tax due* (1% of line 2) . . . . .. ................... .......................... 3,
* Please make check{s) payable to the county clerk where the recording is to take place or the Department of Taxation and Finance if
payment is being made directly to the _ Tax Department. .
rFor recording officer's use Amount ... Part I $ Date received
received ,... Part II S
1. - 0 -
2 - 0 - }
3 - 0 -
4 - 0 -
5 - 0 - }
6 - 0 -
~
ransac"~n"mbe'
J
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TP-584 (4189) (back)
Schedule C - (continued)
Part III . Explanation of Exemption Claimed in Part I, line 1, (check any bexes that apply)
The conveyance of real property is exempt from the real estate transfer tax for the following reason:
2xx
3 0
a. Conveyance is to the United Nations, the United States of America, the State of New York or any of their instrumentalities,
agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or
compact with another state or Canada) . .. . .. . .. . . . . . . . .. . . . . . . . . . . . . . aD
b. Conveyance is to secure a debt or other obligation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . b 0
c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance. . . . . . . . . . . . . . . . . . c 0
d. Conveyance of real property without consideration and otherwise than in connection with a sale, including conveyances conveying
realty as bona fide gifts..................... ........................ .......... . dO
e. Conveyance is given in connection with a tax sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eO
f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.
(This exemption cannot be claimed for a convey~nce to a cooperative housing corporation of real property comprising the
cooperative dwelling or dwellings.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g. Conveyance consists of deed of partition. . . . . . . . . . . . . . . . . . . . . . . . . . .
h. Conveyance is given pursuant to the federal bankruptcy act . . . . . . . . . . . . . . . . . . . . .
i. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the
granting of an option to purchase real property without the use or occupancy of such property. . . . . . . . . . . . . , . . . . . .
j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the
consideration is less than $200,000 and such property was used solely by the grantor as his personal residence and consists of a
1, 2, or 3 family house, a residential individual condominium unit, or the sale of stock in a cooperative housing corporation in
connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative unit. .
k. Other (attach explanation) . , . . . . . . . . . . .
Schedule 0 - Credit Line Mortgage Certificate (Article 11 of the Tax Law)
Complete the following only If the Interest being transferred is a fee simple Interest.
I (we) certify that: (Check appropriate box)
1 0 The real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-
occupied residence or dwelling,
The real property being sold or transferred is not subject to an outstanding credit line mortgage.
The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax
. is claimed for the following reason:
n The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in
the real property (whether as a joint tenant, a tenant in common or otherwise) immediately prior to the transfer;
r: The transfer of real property is (A) to a person or persons related by blood. marriage or adoption to the original obligor or
to one or more of the original obligors or (B) to a person or entity where a majority of the beneficial interest in such real
iJroperty after the transfer IS held by the transferor or such related person or persons;
C The ~ransfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court;
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C Other (attach detailed explanation).
4 r-'l The real property being transferred is presently subject to an outstanding credit line mortgage, however, no tax is due for the
following reason:
o A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed; or
D A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due and a
satisfaction of such mortgage will be recorded as soon as it is available.
5 0 The real property being transferred is subject to an outstanding credit line mortgage on record at
(insert liber and page or reel or other identification of the mortgage). The maximum principal amount expressed in the mortgage
is . No exemption from tax is claimed and the tax of is
being paid herewith. (Make check payable to county clerk where deed will be recorded.)
Signature and Affirmation (Both the transferor(s)/grantor(s) and transferee(s)/grantee(s) must sign).
The undersigned, being duly sworn, depose and say under penalty of perjury that the above return. including any affidavit, certification.
schedule or attachment, has been examined by the undersigned. and is, to the best of his/her knowledge, true and complete and made
in good faith pursuant to Articles 1" 31 and 31-8 of the New York State Tax Law.
Supervisor
Title
Wayde T. Manwarinq
Transferee/grantee
Title
By
Julia Manwaring
Subscribed 10 and sworn before me
Subscribed to and sworn before me
this 1 ~th day of No\lember 19~.
/':,/'/d ~DITHT'TERRY Y"'"
~ P\IlIlIc. $tatOof New
State of ~_!'le~ York ry No.62-C344983
QuoI"IeCIIn~~f.'{4l
County of __J211ffoJ,k .. CommI......EIlpI.... County of Suffolk
Reminder Did "ou complflte all of the required information in Schedules A and B? Were you required to complete Schedules C and D?
If yuu checked 0, f and g in Schedule A, did you complete TP-584.1? Have you attached your check(s) made payable to the
COI..IIlI~ clerk where recording will take place or the Department of Taxation and Finance if payment is being made directly to
the Tax Department?
this
day of
,19~.
Slate 01
New York
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 14, 1989:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute Quitclaim Deeds
between the Town of Southold and Wayde T. Manwaring and Julia
Manwaring, AND between the Town of Southold and Christina M. Dinizio,
which deeds transfer one-half to each party a portion of Seventh Street,
Greenport, which runs from Flint Street to the long Island Railroad
tracks, and was abandoned by the Town of Southold in 1983.
'?.~J~~
~~~~
Southold Town Clerk
November 15, 1989
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 1179
Southo1d, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 14, 1989:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute Quitclaim Deeds
between the Town of Southold and Wayde T. Manwaring and Julia
Manwaring, AN D between the Town of Southold and Christina M. Dinizio,
which deeds transfer one-half to each party a portion of Seventh Street,
Greenport, which runs from Flint Street to the Long Island Railroad
tracks, and was abandoned by the Town of Southold in 1983.
0' ,--/--;;/ ~~~
~-T. Terry
Southold Town Cler
November 15, 1989