HomeMy WebLinkAboutTown of Southold-Fishers Island
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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:
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Cochran, Supervisor
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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
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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.
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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
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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\
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;--- 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
//
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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,
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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
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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