HomeMy WebLinkAboutAffordable Housing
.
. .
~
I Standard N.Y.B.T.U. Form 8009 .quitclaim Deed_Individual or Corporation
i. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
"
THIS INDENTURE, made the 15tl1Iayof August , nineteen'hundred and eishty-nine
BETWEEN Town of Southold, a municipal cQrporation of the State of New York
having offices at Main Road, Southold, N-ew York 11971.
party of the first part, and
North Fork Housing Alliance, Inc.
110 South Str eet
Greenport, New York 11944
~~.0'- ~
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
Ten
dollars,
lawful money of the United States.
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, situ-
ate, lying and b~ing in the Town of Southold, County of Suffolk and State of New York,
and acquired by Tax Deed on March 20, 1985, from General L. Rains, the Deputy
County Treasurer of Suffolk County, New York, and recorded on March 31, 1985}
in Liber 9756, Page 53/54, and otherwise known as and by Town of Southold
Sch Dist 05 N-Weinstein-Ors E-Crowley S-Connolly-Ors W-Kraus-Ano.
Further, notwithstanding the above description, it is the intention of
this conveyance to give title only to such property as was acquired by the party
of the first part by Quitclaim Deed on August 23, 1988 from the County of
Suffolk, New York and recorded on April 5, 1989, in Liber 10830 page 42, 43, 44
and 45.
PROVIDED, however, that the party of the second part, will be restricted in its
use on the subject premises and will use said premises solely and exclusively for
affordable housing purposes; all right, title and interest will revert to the party
of the first part, at the sole option of the party of the first part, in the event
that the party of the second part, at any time uses or attempts to use said
subject premises for other than affordable housing purposes, in accord ance with
the approved plan submitted by the party of the second part. The reverter
clause contained herein shall apply to the grantee, or any transferee from the
grantee formed pursuant to Article XIX - Affordable Home Ownership Development
Program of the Private Housing Finance Law of the St ate of New York, or a
not-for-profit corporation formed under ~402 of the Not-for-Profit Corporation
Law for affordable housing purposes.
Additionally, if anyone or more of the following occurs, the property
secured by this deed shall revert as hereinbefore set forth;
1. If the party of the second part fails to construct or complete constructior
of affordable housing unit or units on said property within three (3) years from
August 23, 1988.
2. I f the party of the second part sells or otherwise transfers an affordable
housing unit or units to a purchaser or purchasers whose total annual household
"
f-,
1
,r
income from all sources, is above the m~ximum income limits for non-targeted
areas in the State of New York Mortgage Agency's Affordable Housing Program
for Suffol k County;
3. If the party of the second part'. permits the affordable housing unit
or units to be occupied by a family whose total annual income, from all
sources, is above the maximum income limits for non-targeted areas of the
State of New York Mortgage Agency's Affordable Housing Program for Suffolk
County;
4. If the party of the second part allows the total purchase price of
each affordable housing unit to exceed the sum of One Hundred Thousand
Dollars ($100,000.00);
5. If the party of the second part fails to certify to the Suffolk County
Department of Community Development prior to closing of title with any affordable
housing grantee:
a) the dates of completion and occupancy for any affordable housing
unit or units constructed or re habilitated on said property;
b) the total household income, from all sources, of the purchaser
or purchasers of the property and his or her family;'
c) the total purchase price of the affordable housing unit or units
sold or otherwise transferred.
It is intended and agreed that the agreements and covenants herein
shall be covenants running with the land and that they shall, in any event,
and without regard to technical classification or designation, legal or otherwise,
and except only as specifically provided herein, be to the full extent permitted
by law, binding for the benefit and in favor of, and enforceable by, the party
of the first part. It is further understood that such agreements and covenants
shall be binding only upon the party of the second part, if it be a municipality
or any assignee of the party of the second part, formed under Article XIX of
the Private Housing Finance Law of the St ate of New York, or any affordable
housing corporation created under Article 15A and 156 of the General Municipal
Law of the State of New York, or any not-for-profit corporation formed under
~402 of the Not-for-Profit Corporation Law for affordable housing purposes,
respectively, only for such period as they shall have title to or an interest
in or possession of the property or part thereof.
"
"
.
II
. ,
TOGETHER with all right, title and interest, if any, of the party o[ the first part 0[, in and to any streets
and roads abutting the above-described premises to the center lines";tltereof,
TOGETHER with the appurtenances and all the estate and rights of the party o[ 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:
,New York
STATI OF NEW YORK, COUNTY OF
On the day of
personally came
19
, before me
to me Imown to be the individual deseribed in and who
executed the foregoing instnlment, and aelmowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF'
On the 15th ' day of August, '19 89, before me
personally came Francis J Murohy
to me Imown, who, l:iemg by me au1Y sW'Om, did depose and
say that he resides at 11ClX Wickham A venue
thaMattbt~c~ NY 11952
of t e IS e Supervisor
Town of Southold , the corporation deseribed
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 said corpora-
tion, and that he signed hIS name thereto by like order.
~~~/
<--P. -1'~ '
JUDITllT.'!ERRY q.~
Notary Public. State of NewVd ' ."
No, 52.0344963 , '
Qualifiod in Suffolk County
Commission Expires May 31.19!t:
auttclatm lattb
TITLE NO.
TO
ST_ FHM IF NEW YOn lUll IF TInE IIIIEIWIITEIS
Distributed by
"
C.":""'OO T.TLB
.N8Va.....NCE COMP.....NY
ss:
STATE OF NEW YORK, COUNTY OF
On the day of
personally came
, before me
ss:
19
to me Imown to be the individual deseribed in and who
executed the foregoing instrument, and aelmowledged that
executed the same.
"
.:
SS:
STATI OF NEW YORK, 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 Imows
to be the individual
described in and who executed the foregoing instrument;
that ,he, said subseribing 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 Request of
CHICAGO TITLE INSURANCE COMPANY
Return by Mail to
P. Edward Rale
46 Newtown Lane
East Hampton. NY 11937
Zip No.
w
U
ii:
~
o
t!l
z
5
..
o
!.l
..
~
o
w
'"
::>
..
2
w
U
~
'"
'"
:;:
0-
W
>
..
.u
.I!
)
!
I
"
'~~.'
1'-;"
(
(
.>
AGREEMENT, made this c9~ay of September, 1989, by and
between TOWN OF SOUTHOLD, a municipal corporation with offices at
Main Road, Southampton, New York, ("Town") and NORTH FORK HOUSING
ALLIANCE, a not-for-profit corporation with offices at 110 South
Street, Greenport, New York.
The parties to this Agreement are owners of adjoining
parcels of real property hereinafter described and these parcels
of property have a common boundary. As a part of its affordable
housing program, the Town of Southold has deeded to the North
Fork Housing Alliance lands for the development of affordable
housing. The real property described in this agreement does not
have frontage on a public road.
To render this parcel
accessible, the Town wishes to grant a twenty foot (20') wide
right of way to the North Fork Housing Alliance and its
successors to permit access to this parcel.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and
other good and valuable consideration the parties agree hereto as
follows:
1. The Town of Southold represents that it is the fee
owner of premises identified as Suffolk County Tax Map No.
05
1000-079-06- located at the northeast corner of Liberty Lane and
Colonial Road within the Town of Southold. The deed to these
premises, granting title to the Town of Southold, was duly
recorded in the Office of the Clerk of the County of Suffolk on
"
..?,
(
(
"
the
/4?a.ay of
II/!- V
I
, 19A? in Liber6"7-:U page
Ia..
2. The Town of Southold hereby grants to the North Fork
Housing Alliance, the owners of the parcel of realty adjoining
the above-described parcel on its northern boundary which said
adjacent parcel of land is designated on the Suffolk County Tax
Map as number 1000-079-06-3.7, an easement for the purposes of
permitting ingress and egress of persons and motor vehicles and
permitting the installation of all telephone, electric, water,
sewage or cable television lines either above ground or below,
over a twenty foot (20') right of way, which consists of a strip
of land twenty feet (20') wide and one hundred feet (100') long
and running in a northerly direction and which is entirely
located on the property owned by the Town of Southold described
above, said right of way being more particularly described as:
BEGINNING at a point along the northerly boundary of
liberty lane located north 570 34' 10" west a distance
of 8.16 feet from the northeasterly corner of the
intersection of Colonial Road and Liberty Lane running
thence along the northerly boundary of Liberty Lane
north 570 34' 10" west a distance of 20 feet thence
north 320 25' 50" east 100.00 feet to the lands of the
North Fork Housing Alliance thence along said lands
south 570 34' 10" east a distance of 20.00 feet thence
south 320 25' 50" west a distance of 100.00 feet to the
point or place of beginning.
The grantees herein and their heirs, successors and assigns
do hereby covenant and agree to pay for the costs of the
maintenance and repair of the right of way on the condition that
the Town of Southold refrains from any act which will impair the
-2-
'.
. ,,'
. . . ( (
..
use of the right of way as a means of ingress and egress for
persons and motor vehicles and for the installation of the
above-described utilities over or under the right of way and to
the rear of the premises.
The Town of Southold hereby covenants and agrees that it
will do nothing to impair the use of said right of way and will
not obstruct the common driveway nor interfere with the use of
the right of way.
IN WITNESS WHEREOF, the Town of Southold has duly executed
this instrument the day and year first above written.
TOWN OF SOUTHOLD
STATE OF NEW YORK )
) ss.
COUNTY OF SUFFOLK )
C
On the tPf' day of September, 1989, before me personally
came Francis Murphy to me known, who, bei~g by me duly sworn, did
depose and say that he reside~ at U//.;:::..K!> /rM s: 1f:ve-- ,
hfrr,;'"u<ICS<;"''1!L.Ad, New York, that he J.S the SupervJ.sor of the Town of
Southold, the municipal 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 said corporation and that he signed his named
thereto by like order.
hy., Supervisor
/
~'~//~~ /
/ / / . ~
~., Y' .' /.
~~~d';~~
Notary Public
-3-
f' ~~A.'~QEBAAE
~~~...vn
eu.. IIlphiHov~~
.
.
/
/
. }'"
.. .
. "
; ..
,,,W,,.
. .
/'l*'~
,
I
< ~(j
. .
$4 L,
'. '
'.,
",
'.
"
"
Sc"
'.,
<IS
~Ii'
l'J-
'''-'-
AREA
= 1.1214
ceres
~
,"~
, ,0
0' ,.. ...
~\ .... ".,~
"
0)
/
i'
~
/
S, 7'J ~ '
'0'
~,;)'r <0" f:
~O~, .
."
'S
>,
oJ. '
10"
I '"
/
".
'.
0-9~ ."
· / 0
~~(' /1:'
,~
O.
,
/
I
"
"
'"
1
<.
'.
'.
.>
"..
---,
,
",
I".
"'ID('
I
(4
1-~
fJ-0l.MC~~:~ '\
~'? ~,,~' 11'G "'. :',
~..,<t; IC""\
~ ~ ~~t~)~ L1C NO 49668
PECO:[b',,'" ~~;( ,r-'c.
{516) t6~~O~'
PQBOX909
MAIN ROAD
SQUTHOLD ,N Y 11971
"
,
\ ,
o ..
\ ,
. ~
"
.
,
Q
.
,
o
~
..
LOT NUM8(RS,flARtc 8 RECREATION RESERVATION
AREA SHOW ON NINOR SUBOIVISION MADE
FOR MICHAEL WEINSTEIN
,:
l
o
.
.
. '
. ..
. to"'''''
.
"
"
"
i
"
CD /
,
\
0
\
. "
..~
c'
~
"
,
.
.
l
....
, '
." ~,~u
. ."
.:: ...
. 0
.
o
/
. ~
, . '
\ ,...... !'o
,0 ~ 0"
~ tt-Q ~
, ..
l ~v
.
"
S"
80'
..,
\.~...'
,..,
';~:
"'I"
'.
+, +,
'0". "o( 0,
f'(( (~~
'''''I "04-;
'.
">
"'f'((
.
"0 +.....0/
$0 "'ot It'
'V,. 0,.
Ito(o
~..
~
"
.'
~.
l(,
"I /
ELEVATIONS ARE REFERENCED
10 AN ASSUMED DATUM
'>
"
'"
,
,
~
~~
o
..
c
tf
..
~
'./ ,0
'l' ~
/ #.0
::,j '.
8
'00
" 00
"'-.
'.
..
(Or-
s
.
,.
..
.
"
.'
.
.
,.
.
.
..
o
'0<( .OClltO"S 0' "HU '1<0 C(SS~OOl' wo.... "(~(O. '''1 u~.. "Ilt
01S(hl1I0....NOOfIOAflOU.'..t,1l0..ot..UI
<;I)HOLK COUNTY DEPARTMENT OF HEAL TH S[Rvl\~.[~
fOR ftPPROvAL OF r.:ONSTRUCTIQNS
ON~ f
DATE
HS AU HO
APPROVED
TltE WAr( R SUP~t Y
AND SEWAGE DISPOSAL FACILITIES
FOR ALL LOTS IN THIS OEVALOPMENT
COMPLY WitH HtE STANDAfWS
AND REQUIREMENTS OF THE SUFFOLK CGUNTT
DEPARTMENT OF HEAL TH
/
I
TC<;T W"f
t<~. ~"O""
"-".1)...
.
~
.'
f
,
.'
'A~"" .c....
l'cf
'All '''I'
".., '~"I~'''H
t~~~.. ..;o;-;-~-
f~ 1~...U
....D
~.cl ....,...
: C"A"H 10
I ~I'" Co..'1S1
1.0"0
,,"
J"
..
'0
8 ..#{(
...... (0.,. '''c1
~ '. J
'"
,.t'
o
..,
~
Q
PROP RO W AREA =
2,000 Sq.FI
Q
~
~
"
"
~~
~'
~
(Or-
..
'>.
"
",
!
"-.
,
,............,
.('''0
>"
".HR'''h.'
.hl)"..CO.....(
fO'lI"'(0..5'
'."0
l____
'110'1
SURVEY OF PROPERT
AT
BAYVIEW
TOWN OF SOUTHOLD
SUFFOLK COUNTY,~'
1000
079
06
SCALE I" 50'
ocr 26,/988
APR. 7,1989
88 - 627
.'
..
THOMAS A. TWOMEY. JR.
STEPHEN B. LATHAM
JOHN F. SHEA, III
CHRISTOPHER O. KELLEY
LAWRENCE M. STORM.
MAUREEN T. UCCIONE
DAVID M. DUBIN ~
P. EOWARD REALE
PETeR M. MOTT t
TWOMEY, LATHAM, SHEA &
ATTORNEYS AT LAW
33 WEST SECOND STREET
P.O. BOX 398
RIVERHEAD, NEW YORK 11901
K~LLr
2-G I iff;;
516-727.2180
TELEFAX: 518-727-1767
f. ". . ~-;
i i I '1
II! U)r ,-
I", ..
.'i:"!
LJ l. i
!
;
"-
TO\~Ji\l ArT~~.~_Tti MAIN STREET
"O'.i,\;,N O;'E~~rn~~PTON. N.Y. "937
~~~'6.324-'200
.-....._.....& .....,." -"."-""',..-.
@ ~ Ii '0 I~
9 iCe?
,'-'.....4-.
USA C. KOMBRINK
MARY C. CRONIN
JOAN C. HATFIELDc
MICHAEL A. SIRIGNANO
May 21, 1992
. NY.CT....L.....AII
~!'lv...I...........!IO.
t NY .. MD BARS
g NY ACT BARS
Matthew G. Kiernan, Esq.
Deputy Town Attorney
Town of Southold
53095 Main Road
PO Box 1179
Southold, New York 11971
Re: Deed of Easement to Joanne Perez
Dear Matt:
The above-referenced issue over the access from the public road to
the property of Joanne Perez has not been resolved. I enclose my
prior letter of November 21st to you regarding the Town's request
for payment for the right-of-way over this lot contrary to the
prior Town Board's understanding.
Please let me know how the Town Board plans to proceed with
respect to this property.
V7:TZS:-s,
P. Edward Reale
PER:JML
Enclosure
cc: Jim MacMahon
North Fork Housing Alliance. Inc.
John L. Hiller, Esq.
14830 PC 42 -70
11(/'7 11 �'�y/`
300 U
® SUFFOLK COUNTY
QUITCLAIM DEED
THIS INDENTURE, made the �rfday of , 1988
BETWEEN the COUNTY OF SUFFOLK, a municipal corporation
of the State of New York, having its principal office at the
Suffolk County Center, Center Drive, Riverhead, New York 11901,
party of the first part,
AND TOWN OF SOUTHOLD, 53095 Main Road, Southold, New York
11971, party of the second part,
WITNESSETH, that the party of the first part, pursuant to
Resolution Number 235-1988 adopted by the Suffolk County
Legislature on March 29, 1988 and , thereafter, approved by the
---------
Cotmty Executive on April 14, 1988, in consideration of ten
DISTRICT dollars and other valuable consideration paid by the party of the
1000 second part, does hereby remise, release and quitclaim unto the
party of the second part, the heirs or successors and assigns of
SECTION the • party of the second part forever,
079.00
- ALL, that certain plot , piece or parcel of land with any
BLOCK ;,,, ,buildings and improvements thereon erected, situate, lying and
06.00 ,being in the Town of Southold, County of Suffolk and State of
- ;;,: New,.York, and acquired by Tax Deed on March 20, 1985, from
LOT ,I General L. Rains, the Deputy County Treasurer of Suffolk County
003.007 ,:n,New York, and recorded on March 31, 1985, in Liber 9756, Page
--------- I.. . 5A, and otherwise known as and by Town of Southold Sch Dist
0554
N-Weinstein-Ors E-Crowley S-Connolly-Ors W-Kraus-Ano,
`� • „{FURTHER,;.notwithstanding the above description, it is the
�"°•. intention of this conveyance to give title only to such property
•�� �A as was acquired by the County of Suffolk by Tax Deed on March 20,
; 7M 1985 from General L. Rains , the Deputy County Treasurer of Suffolk
County, New York, and. recorded on March 31, 1985 in liber 9756 at
Page 53/54,.,
i; ,PROVIDED, however, that the party of the second part, will
be;-restricted in its use of the subject premises and will use said
premises solely and exclusively for affordable housing purposes ;
all right, title, and interest will revert to the party of the
first part, at the sole option of the party of the first part , in
the. event that the party of the second part, at any time uses or
attempts to use said subject premises for other than affordable
housing purposes, in accordance with the approved plan submitted
by the party of the second part. The reverter clauses contained
herein shall apply to the grantee, or any transferee from the
grantee formed pursuant to Article XIX - Affordable Home Ownership
Development Program of the Private Housing Finance Law of the
State ,of New York, or a not-for-profit corporation formed under
§402 of the Not-for-Profit Corporation Law for affordable housing
( purposes.
r Additionally, if any one or more of the following occurs, the
property secured by this deed shall revert as he
rejyibefore set
forth
1: If the party of the second part fails to construct or
complete construction of affordable housing unit or units on
said property within three (3) years from the date of this
deed;
RECEIVED
$ 9�L- _
300 8 RFei ESTATE
' 1ULIME A. 81MSEUA 5 1989
RECORDED APR 5 1989 RaK OF$UFFOLK COU,f ' TAX
SUFFOLK
MUNTv