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HomeMy WebLinkAboutBattaglia, JosephRESOLUTION 2011-827 ADOPTED DOC ID: 7396 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-827 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents to effectuate same between Joseph Battaglia and Heidi M. Battaglia and the Town of Southold, subject to the approval of the Town Attorney. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot GRANT OF DRAINAGE EASEMENT THIS indenture made this 14th day of November, 2011, by and between Joseph Battaglia and Heidi M. Battaglia residing at 28 Wilton Road, Cold Spring Harbor, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 located on the southwestern side of Hobart Road in the Hamlet of Southold, Town of Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Hobart Road; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13, 2011, Grantor received Conditional Final Approval for a standard subdivision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ft. and lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District on the condition that a 50' wide X 145.18" long drainage easement for storm water control be granted to the Town; -1- 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the southerly portion of the premises described in Schedule A. follows: The nature, character and extent of the easement hereby granted are as (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Road. The easement area for the subsurface culverts and/or pipes is limited to an area that is approximately fifty (50) feet in width as described in Schedule B. (ii) To perform such grading, excavation and the installation of such facilities as may be required for the construction, operation, repair, replacement and maintenance of said culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to approximately the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. -2- 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage. Restoration may include, but is not limited to, replacing affected vegetation. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 6. This easement shall be deemed a "minor utility easement" and the Grantor agrees that the easement area shall be included in the lot area (buildable area) and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 8. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. 9. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. -3- 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ~IEIDI M. BA~-FAG~A- TOWN OF SOUTHOLD By:. Scoff A. Russell, Supervisor STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On this/?' day of fi'0c-.,d,~, in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the ind~.jyJd~l, or the person upon behalf of wh ich the ind ivid ual acted, executed the in~p,m?~....%///~_~/// PATRICIAC. MOORE / ~ ~ 7 ~ ~ ' Notary Publio, 8tare of New York ~ Suffolk County - No. 486166~) - ( Commission Expires June 16, ~,,~.~ -4- STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On this day of , in the year 2011, before me personally appeared Scott A. Russell, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -5- TP-~84 (3/07) New York Slate Department of Taxation and Finance Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording office time stamp See Form TP-584-1, Instructions for Form TP-584, before completing this form. Please print or type. Schedule A -- Information relating to conveyance Grantor/Transferor Name (if individual; last, first, middle Initial) Social security number [] Individual BATTAGLIA, JOSEPH & HEIDI [] Corporation Mailing address Social security number [] Partnership 28 WILTON ROAD [] Estate/Trust City State ZIP code Federal employer ident, number [] Other COLD SPRING HARBOR NY Grantee/Transferee Name (if individual: last, first, middle Initial) Social security number [] Individual TOWN OF SOUTHOLD [] Corporation Mailing address Social security number PO BOX 1179 [] Partnership [] Estate/Trust City State ZIP code Federal employer ident, number [] Other SOUTHOLD NY 11971 ~,~.~(_J~'O(~ { ~3 ? Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot Hobart Road Southold Southold Suffolk 64 3 3 Type of property conveyed (check applicable box) I [] One- to three-family house 5 [] Commercial/Industrial Date of conveyance 2 [] Residential cooperative 6 [] Apartment building 3 [] Residential condominium 7 [] Office building ~. 4 [] Vacant land 8 [] Other easement mooch day y~ar Percentage of real property conveyed which is residential real property .% (see instructions) Condition of conveyance (check all that apply) a. [] Conveyance of fee interest b. [] Acquisition of a controlling interest (state percentage acquired. %) c. D Transfer of a controlling interest (state percentage transferred ?/o) d. [] Conveyance to cooperative housing corporation e. [] Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP-584.1, Schedule E) For recording officeFs use f, [] Conveyance which consists of a mere change of identify or form of ownership or organization (attach Form TP-584,1, Schedule F) g. [] Conveyance for which credit for tax previously paid will be claimed (attach Form TP-584.1, Schedule G) h. [] Conveyance of cooperative apartment(s) i. [] Syndication j. [] Conveyance of air rights or development rights k. [] Contract assi~)nment ,  i~adr t[ $-. Date received Part it $ I. [] Option assignment or surrender m. [] Leasehold assignment or surrender n.[] Leasehold grant o. [] Conveyance of an easement p. [] Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part 111) q. [] Conveyance of property partly within and partly outside the state r. [] Other (desc~be) Page 2 of 4 TP-584 (3/07) Schedule B -- Real estate transfer tax return (Tax Law, Article 31) Part I - Computation of tax due I Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the I I exemption claimed box, enter consideration and proceed to Part l/l) .............................. [] Exempflonclaimed I 1'1 32 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ......................................... 2. Taxable consideration (subtract line 2 from line t) ................................................................................................... ] 3. ] Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ......................................................... I 4. I 4 5 Amount of credil claimed (see instructions and attach Form TP-584. I, Schedule G) ................................................... ] 5. ] 6 Total tax due* (subtract h~e 5 from line 4) ................................................................................................................ ~ 6. ] 0.00 0.00 0.00 0.00 0.00 0.00 0 Part ]! - Computation of additional tax due on the conveyance of residential real property for $1 million or more I Enter amount of consideration for conveyance (from Part I, line 1) ........................................................................ I 1. I 2 Taxab~ec~nsidemti~n(rnu~tipiy~ine1bytheperc~ntage~fthepremiseswhichisresidentia~rea~pr~pert~'assh~wninSchedu~eA)~I 2.I 3 Total addlt onal transfer tax due (mu tlply line 2 by 1% (.01)) .................................................................................. I 3. I Part !1! - Explanation of exemption claimed on Part ], line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the stale 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) .............................................................................................................................................. a b. Conveyance is to secure a debt or other obligation ............................................................................................................................ b c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................... c [] [] [] d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ....................................................................................................................................................................... d [] 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 conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F .................................................................... f g. Conveyance consists of deed of partition ........................................................................................................................................... g [] h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................. h [] 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 properly where the consideration is less than $200,000 and such properly was used solely by the grantor as the grantor's personal residence and consists of a one-, two-, or three-family house, an individual residential 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 apartment ....................................................................................................................................... Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents supporting such claim) ........................................................................................................................................................................... k I. Other (attach explanation) ..................................................................................................................................................................... I [] [] *Please make check(s) payable to the county clerk where the recording is to take place, if the recording is to take place in NewYork City, make check(s) payable to the NYC Department of Finance. If a recording is net required, send this return and your check(s) made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TO-584 (3/07) Schedule C -- Credit Line Mortgage Certificate (Tax Law, Article 11) Complete the following only if the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) 1. [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit tine mortgage. However, an exemption from the tax is claimed for the following reason: [] 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 reap property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] 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 pemon or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. [] The maximum principal amount secured by the credit Fine mortgage is $3,000,000 or more, and 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. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation). 3. [] The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] 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. 4. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by 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 or, if the recording is to take place in New York Ci~ make check payable to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or attachment, is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to receive a copy for pu~oses of recording the deed or other instrument effecting the conveyance. Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP-584.1 ? Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RE'Ir Return Processing, PO Box 5045, Albany NY 12205-5045. Title Page 4 of 4 TP-584 (3/07) · Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. Part ! - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must sign the certification below. If one or more transferors/sellem of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real property or cooperative unit.  Print full name Dar Signature ~--/ Print full name Date Signature PHnt full name Date Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part II - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the appropriate exemption below. If any one of the exemptions below applies to the transfemr(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated pemonal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personal income tax, on page 1 of Form TP-584-t. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: [] The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code, section 121) from to (see instructions). Date Date [] The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. [] The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date Peconic Bay Region Community Preservation Fund Proceeds of this transfer tax are disbursed to the Townships in which the transaction takes place for its acquisition of land, development fights, and other interests in property for conservation purposes. Please print or type. Schedule A Information Relating to Conveyance Townships: East Hampton 03 Riverhead 06 Shelter Island 07 Southampton 09 Southold 10 Grantor ~..Individual [] Corporation [] Partnership [] Other , first, middle initial) State Grantee Name (individual; last, first, middle initial) [] Individual b~ ~"~,.~ ~'~ [] Coq>oration ~g~alling address. []Partnership ~"" (--.~' ~ tl~'] ~ ity. Location and description of property conveyed ZIP code / Social Security Number I I Federal employer ident, number Social Security Number Z~P code I I Social Security Number I I Federal employer idem. number Ill q. Tax map designation Address Village Town Dist Section Block Lot Type of property conveyed (check applicable box) Date of conveyance [] Improved Fix, I Iq Itt ] [] Vacant land month day year Dual Towns: Condition of conveyance (check all that apply) a. - Conveyance of fee interest b. - Acquisition of a controlling interest (state percentage acquired . %) c. - Transfer of a controlling interest (state percentage ~'ansferred %) d. - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in heu of foreclosure or enforcement of security interest f. - Conveyance which consists of a mere change of identity or form of ownership or organization g. - Conveyance for which credit (or tax previously paid will be claimed h. - Conveyance of cooperative apartment(s) i. - Syndication j. - Conveyance of air rights or development rights k. Contract assignment 1. Option assignment or surrender m. Leasehold assignment or suncender n. Leasehold grant o. Conveyance of an easement p. Conveyance for which exemption is claimed (complete Schedule B. Part II) q. - Conveyance of property partly within and partly without the state n - Other (describe) Schedule B - Community Preservation Fund Part I - Computation of Tax Due 1. Enter amount of consideration for the conveyance (from line 1 TP584 Schedule B) ................................. 2. Allowance (see below) ......................................................................................................... 3. Taxable consideration (subtract tine 2 from line 1) ........................................................................ 4. 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK 5. Property not subject to CPF Tax (See Schedule C) ........................................................................ 2 3 4 For recording officer's use Amount received Date received Transaction number Allowance: East Hampton Shelter Island Southampton $250,000.00 Improved $250,000.00 Improved $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) 124)213:: 05,q26cg Schedule C -(continued) Part H - Explanation of Exemption Claimed in Pan I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: 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) ............................................................................................................ [] b. Conveyance is to secure a debt or other obligation ............................................................................................. [] c. Conveyance is without additional consideration to confmn, correct, modify or supplement a prior conveyance ..................... [] d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ..............................................................................................................................[] e. Conveyance is given in connection with a tax sale ............................................................................................. [] f. Conveyance is 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 conveyance 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 or real property which is subject to restrictions which prohibit the use of the entire property for any purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee (2) (}) or (k) of Article 31-D of the Tax Law. (See required Town approval, below) ............................................................................................................... [] k. Conveyance of real property for open space, parks, or historic preservation purposes to any not-for-profit tax exempt corporation operated for conservation, environmental, or historic preservation purposes ................................................. [] 1. Other list explanations in space below (Grandfather/Contract) ................................................................................. [] m. The conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Section 1449-ee of Article 31-D of the Tax law. (Seej in Schedule C) Town Attorney or other designated official Penalties and Interest Penalties Any grantor or grantee failing to file a retom or to pay any tax within the time required shall be subject to a penalty of 10% of the amount of tax due plus an interest penalty of 2% of such amount of each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or thc tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Interest Daily compounded interest will be charged on the amount of the tax due not paid within the time required. Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her kno e, true and pie . · ~ ~-x-I Gr~Ftr Grant~