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HomeMy WebLinkAboutTown of Southold-Fishers Island .. c., SUlld~,J N" B. -I U, fOlln tWO.. Quudulll DccJ-J'UJlvlduI( or Co,poUClon ('mgle Ibeel) CONSULT YOUR LAWYlR BEFORI SIGHING ntlS INSTRUMINT-THIS INSTRUMlNT SHOUlD BI USID BY LAWYlRS ON.Y. TIllS INDENTURE, made the II.:!!. day of August , nineteen hundred and ninety-seven BE1WEEN TOWN OF SOUTHOLD, a municipal corporation having its offices at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 party of the first part, and Walsh Park Benevolent Corporation, a non-profit corporation, have its offices at P.O. Box 684, Fishers Island, New York 06390 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars paid by the party of the setond 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 in the . SEE ATTACHED DESCRIPTION AND COVENANTS 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 descd',ed 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 AN.D 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 consid- 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 Hparty" shall be construed as if it .read uparties" 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 abave written. IN PIlES&NC& OF: c..~ Cochran, Supervisor 'ON d!Z LL611 AN 'Plo41noS 6LL1 x08 'O"d Aau,lOllV UMO.L Plo41noS 'bS3 'pMOa "' A.me, :O.L "'I.V" A8 N'l:OJ.Bll PI041nOS/>tloJJlS NMOl. 110 A.LNOO:> 000" LOO ~01 00" LO lI:>01. 00" 0 L 0 NOI~:>", 'Ol"J>'1l S""UI!/A se ,weu 'I p'q"Jsqns 'W!I ,wes ''1l l1! 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S"P!SOl a'l S 11!'11 us pue ,sod,p PlP 'WOMS A(np aW Aq Jlu!"q 'O'lM 'UMOU'I aW Ol NVMH:JO:J "M NV3r "W1!J AUeuOSJ:KI aW ,,:'oJaq 'L6 61 lsn6nv JO Aep (Ii-~I a'll uO .n >tIOjjns _0 A~no:) '''BOA MlIN _0 UY.lS l1!l{l paJlp"IMOUl(Je pue O'lM pue U! paqpJSap 'awes "'1l p"lnJaD 'luawnJISU! JlU!oJloJOJ a'll palnaaD 1enp!^!pU! al{l aq 01 UMOU'I aw Ol ;)W O)JOJ:Kt . 61 "W1!J AI[1!UOSJad JO A 1!p "Ill uo aW "JoJ"'! ' _0 A.lNnO:) '''BOA MJN _0 UY.lS ,.. 61 "W1!J AU1!UOSJ:KI 10 A1!p a'll uo _0 A.lNnO:) ""BOA M!N _0 UYLS 's. o. DESCRIPTION AND COVENANTS ALL, that certain plot, piece or parcel of land with any buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and acquired by Tax Deed on March 5, 1996, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 12, 1996, in Liber 11765, CP 660, and otherwise known as and by Town of Southold, Prop on Fishers Island, PIO 8 Map No. 242 Filed in the Office of the Suffolk County Clerk, January 2, 1915, FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 5, 1996 from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on march 12, 1996 in Liber 11765, CP 660, 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; with all right, title, and interest reverting 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 unde 9402 of the Not- For-Profit Corporation Law for affordable housing purposes. SUBJECT to the condition that neither the Grantee nor any Municipality shall bill or charge back to Grantor any cost incurred or projected to be incurred for the cleaning up of any debris on said property. In the event that such charge back or bill is rendered to the Grantor this Deed shall be void ab initio and the realty shall revert to the Grantor. 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, 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 State of New York or any" affordable housing corporation created under Article 15A and 158 of the General Municipal Law of the State of New York, or any not-for-profit corporation formed under 9402 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. ." JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VlTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 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 AUGUST 13, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Quitclaim Deed between the Town of Southold and Walsh Park Benevolent Corporation, transferring a dwelling acquired by the County of Suffolk by Tax Deed and transferred to the Town by the County by Tax Deed; said property located at Montauk Avenue, Fishers Island, will become a part of the Walsh Park Benevolent Corporation Affordable Housing Program. d - ~.;/ r5AMd- ~'i-. Terry' (J Southold Town Clerk August 1ll, 1997 July 18, 1996 <1IV gJ !B 'f,', [1.___ rr.t...nd.' -.\/(71 t'O.'::,"'!,.... _ _r._._ _ __..... . _ .::;. -' ,:",'-' T own Board Town ofSouthhold Re: Affordable Housing Opportunity on Fishers Islsmd Dear Honorable Members of the Town Board: I am writing to request your assistance in helping Walsh Park Benevolent Corporation (wpBC), purchase a home on Fishers Island. It has come to our attention that Suffolk County has foreclosed on a home for reason of non-payment of taXes. The home is identified on the tax rolls as 100- 010- 7 - 7, and was owned by l\tIrs. Ernest J\iliddleton, at her death, several years ago. We funher understand that a search has thus far revealed no heirs. It is our hope that the Town Board will pass a resolution professing its interest in having the County convev title to the WPBC for the amount of back - " taxes and associated other charges. By the way of background, Walsh Park Benevolent Corporation is a tax exempt corporation (ID#13-3423802), (State Registration #56502), which was founded in 1987, WPBC was conceived to address the problem of declining year round population of Fishers Island. From 1960 to 1986, the year round population declined from 508 to 285 people. This drop was threatening the vitality of the Island's school and its people, The Fishers Island Growth Plan of 1987 identified the lack of owned and rental property for year round residents as a prime cause of the exodus, The year round residents were effectively being priced out of the market as the affluence of summer residents caused prices co exceed the caoabilitv of most vear rounders, . ...... Further. the Plan indicated that initiatives to deal with improving living opportUnities should be initiated. \VVa.L';..~ (/),..._1' ly:::;;:....: -....L.'..lo'9;. _" --.~ __...._l;l,.. .:..__ -:-"" ~ ,_. 1 . , ....". ~QC'=~":' "--~~r-..!':.:. _'~""':'. .:::-V.av . UO~"l.:C:';C <lJV gJ 23 f (. . . 'Sij.h.;:-;:~ !Jd:~t1.d. ::;;:v.<7.J. c6-:::qo - - T own Board Page 2 July 18, 1996 This work gave impetuous to the formation of WPBC, the later purchase of acreage in the North Hill vicinity, the approval of a 12 site subdivision and the build-out of the property. Today, 10 homes are erected on tIle site while the last two sites are moving toward contract. For your further understanding, WPBC owns the underlying land and improvements while the homeowner owns the structure, WPBC leases the land for 35 years and may renew the leases thereafter. Through this arrangement. WPBC ensures that homesites will remain in the year round housing stock, hopefully in perpetuity. The project has been a tremendous success. At last count, 10 families and their eighteen children represent over 20% of the current school population. While there is no recent official count of year round residents, it is beiieved to be stable to higher than the 1987 levels. The subject property is essential to enhancing WPBC mission, While the house is in considerable disrepair, some investment by WPBC and a lot of "sweat equity" can return this residence to usefulness for a year round resident. It is intended that WPBC will be the owner/leaser of this home at the outset. We would be grateful for your assistance in this matter, We stand ready to supplement this letter with information you may request. Weare grateful for your interest. Sincerely, 7--1. o.u. 6",,~ Frank W. Burr President ('"7'11 .' '.-:- ' - ~ . ~l'::'~..:..-: :-:-':':.-:t ~.::.":~'.--=~':;;':'= - . . .. _ _" -=.:'C ;;;_ _-..:.::'~~,;. _~_..;....:..;. :;:,'_~..... .;r...":.:~ -':-:';-" /' TRICT o TION .00 CK 00 .000 ,1\1", : \ ~2~l'o'1! I' 01\ \O~ 1 c . , ( r .A .# "" SUFFOLK COUNTY QUITCLAIM DEED THIS INDENTURE, made the /1 day of (7~ 1997, BETWEEN the COUNTY OF SUFFOLK, a munici~ 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, P.O. Box 1179, 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH, that the' party of the first part, pursuant to Resolution Number 173-1997 adopted by the Suffolk County Legislature on March 18, 1997 and, thereafter, approved by the County Executive on March 24, 1997, 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, " 1\ () ;--- ALL, that certain plot, piece or parcel of land with any buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and acquired by Tax Deed'on March 5, 1996, from John C, Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 12, 1996, in Liber 11765, CP 660, and otherwise known as and by Town of Southold, Prop on Fishers Island, plo B Map No, 242 Filed in c the Of ice of the Suffolk County Clerk, January 2, 1915, ---, FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 5, 1996 from John C, Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 12, 1996 in Liber 11765, CP 660, 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; with all right, title, a~d interest reverting 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 IJaw 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. SUBJECT to the condition that neither Grantee nor any Municipality shall bill or charge back to Grantor. any cost incurred or projected to be incurred for the cleaning up of any debris on said property, In the event that such charge back or bill is rendered to the Grantor this Deed shall be void ab initio and the realty shall revert to the Grantor, 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 // " .< v -~ I i. . 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 und~r Article XIX of the Private Housing Finance Law of the State of New York. or any affordable housing corporation created under Article 15A and 15B 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. 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. SUBJECT to all covenants, restrictions and easements of record, if any. 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 indent.ure so requires, IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. COUNTY OF SUFFOLK, NEW YORK In Presence of: \~~~~tS~ By: DAVID P. FISHBEIN, Director Division of Real Estate Department of Law STATE OF NEW YORK, COUNTY OF SUFFOI,K On the II day of a.~_._. 1997, before me personally came David p, Fishbein', to~ known, who, being by me duly sworn, did depose and saytti"at he resides at Center Moriches, New York 11934; that he is the Director, Division of Real Estate, Department of Law of the County of Suffolk, New York, the municipal corporation described in and which executed the foregoing instrument; and pursuant to a certain Resolution of the Suffolk County Legislature, he signed his name thereto by like order; it being Resolution No, 173-1997 thereof, 1....7. /)}(uJ t ~) ~ . )L~ Notary Public Mary E. Tanner Norary Public, State of New YorA No. 01 T A 4623592 Qudlified in Sl{ffolk Cotmry .'" Colllmi,sion Exl,ire, 2/28 I :lL ! 'I / . .J , , lw ~ QUITCLAIM DEED SUFFOLK COUNTY TO RECORD AND RETURN TO: Town Clerk Town of Southold 53095 Main Road P,O. Box 1179 Southold, NY 11971 TOWN OF SOU'I'1I0LD