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Home My WebLink AboutCOOKE&WORTS&SOUTHOLD PARK DIST TRUSTEES John M. Bredemeyer, III. President Albert J, Kmpski. Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 TO: Harvey Arnoff, Town Attorney FROM: RE: DATE: John M. Bredemeyer, III Cooke & Wortis ~ May 29, 1992 The following action was taken at the Southold Town Trustee regular meeting of April 28, 1992: Whereas on May 30, 1991 the Southold Town Trustees approved the boundary descriptions and map of Van Tuyl Surveyors dated as amended November 1, 1992 in the matter of Cooke/Wortis. Whereas this transfer of land is beneficial to the Town and Trustees in that it increases public access to town and state waters, provides for additional small boat mooring locations, and provides for more orderly use of adjacenu lands, by the members of the Southold Park District. Be it resolved that the Southold Town Trustees authorize the President of the Board, John M. Bredemeyer, III, to sign on behalf of the Board and fully execute all such documents necessary to effect all such transfers, quit claims, deeds, sales, tax statements and-other such writings as are legally required in this matter. On a motion made by Albert Krupski and seconded bY Henry Smith this resolution was unanimously adopted at the regular meeting of Thursday, May 28, I992. THIS INDENTURE, made the / , day of .~)gcg~)*f~ , nineteen hundred and ninety-one, BETWEEN MIC~LAEL WORTIS and RUTH EMERSON WORTIS, his wife, both residing at 7367 Ridge Drive, Burnaby, B.C. V5A1B4, CANADA; NIC~tOLAS POTT and JUDITH POTT, his wife, both residing at partyofthefirstpart, and TOWN OF SOUTHOLD, a municipality with office at 53095 Main Road, Southold, New York 11971. party of the second part, WITNESSETI{, that the party of the first part, in consideration o£ ten dollars paid by the party o{ 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 pamel of land, with the buildings and improvements thereon erected, situate, lying~dbeing~Kk%~ at Southold, Town of Southold, County of Suffolk, Sta~e o~ New York, more particularly bounded and described as ~o!Tows: BEGINNING at the southwesterly terminus of South ~qarbor Road; RUNNiNG THENCE along the southerly end of South Harbor Road North% 87 degrees 40 minutes 00 seconds East, 20.14 feet to a point; RUNNING TPIENCE South 4 degrees 30 minutes 00 seconds West, 302.0 feet, more or less, to the former shore line o~ "Mott Island," RUNNING THENCE northwesterly along said shore line 135.0 ~eet, more or less; RUNNING more or RUNNING more or THENCE North 85 degrees 30 minutes 00 seconds West 40 feet, less, to the ordinary high water mark o~ Richmond-Creek: THENCE northeasterly along said high water mark 175 feet, less; RUNNING THENCE South 85 Degrees 30 minutes 00 seconds East 22 ~eet, more or less; RUNNING THENCE North 4 degrees 30 minutes 00 seconds East 110.0 feet, to the point or place o~ BEGINNING. 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, o~ND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party the first part will receive the eensideration for this conveyance and will hold the right to receive such eansid- eration as a trust fund to be ap[~lied first for the purpose of paying the cost of the improvement and will apply the same first to the payment otthe cost of the improvement before using any part of the total of the same for any other p. urpose. The word party" shall he construed as if it read 'parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the fii-st part has duly executed this deed the day and year first abOve written. MICHAEL WORTIS . ~ - RUTH EMERSON WORTI~ N~O~A~ P~TT~_ J-JI)ITH POTT CONSULT YOUR LAWY~EFORE SIGNING THIS INSTRUMENT -- THIS INSTRUMEblT~/SHOULD BE USED BY LAV~I'ERS ONLY THIS INDENTURE, made the day of d u n e , nineteen hundred and n i n e l; y - t w 0, BETWEEN TOWN OF SOUTHOLD, a municipality with office at 53095 Main Road, Southold, Suffolk County, New York 41971-1179, DISTRICT: tOO0 BLOCK: LOT: party of the first part, and RUTH EMERSON WORTIS, B.C., CANADA residing a~ 7367 Ridge Drive, Burnaby party of the second part, ]VIT2NESSETH, that the party of the first part, ~n consideration of ten dollars paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second p~rt, the heirs or suecessers and assigns of'the party of the second part forever, ALL that ecrtaln plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, i~ingandbeingi~Fri6 at So~thold, Town of Southold, County of Suffolk, State of N~w York, more particularly bounded and described as follows: BEGINNING at a point which is South 4 degrees 30 minutes O0 seconds West 110 feet from the southwesterly terminus of South Harbor Road; runnlng thence North 85 degrees 30 minutes O0 seconds West 22 feet, more or less, to ~he ordinary high wa~er mark of Richmond Creek; t'hence northerly along said high water mark, a distance of 58 feet, more or less,'to the former northerly short line of "North Channel" s~own on an unfiled map of "Bay Side Farm" made in 1912 Dy F.F. Ov~erton; thence eas;erly along said former shore line a dista.nce of 50 feet, more or less, to a Point which is South 4 degrees 30 minutes O0 seconds West 43 feet from the aforementioned south- westerly terminus of South Harbor Road; thence South 4 degrees 20 minutes O0 seconds Wes; 67 feet to the point of BEGINNING. TOGETHER with all fight, 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 Go the center lines thereof; TOGETHER with the appurtenances and all t.he estate, an.d fights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises harem granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. A.N.D ~e party, of .t. he first part, in compliance with Section 18 of the Lien Law, hereby covenants that the party ot the'tirst part wil/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 o~ the total of the same for any other p. ur~se. 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 fii'st part has duly exeented this deed the day and year ~n'st above written, TOWN TRUSTEES OF THE TQ~ OF S~H~iLD HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney TO: F ROM: DATE: RE: SCOTT k HARRIS Supervisor OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM John ~. Bredemeyer. III. President. Board of Trust els L~ Harvey A. Arnoff, Town Attor~~~_ January 15, 1992 Cooke ~, Wortis Town Hall, 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fax (516} 765-1823 Telephone (516) 765-1800 Please review all the enclosed, as well as the letter from Charles Cuddy. If same meets with your approval and the approval of your Board, kindly advise so that l, intern, may place th~s matter on the Town Board's calendar for its next regularly scheduled meeting for purposes of resolution. NICHOLAS POTT, M.D. Winds Way Professional Center P.O. Box 170 Southold, NY 11971 (516) 765-5191 HARVEY A. ARNOFF Town Attorney MATrHEW (3. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD iNTER-OFFICE MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 t971 Fax (5161 765-1823 Telephone (516) 765-1800 TO: John M. Bredemeyer. III. President. Board of Trus FROM: Harvey A. Arnoff. Town Attorney DATE: April 14. 1992 RE: Cooke E- Wortis Annexed hereto, please find a copy of a memorandum I sent to you on January 15. 1992. with regard to the above-referenced matter as well as the latest letter from Charles Cuddy dated April 9. 1992. Being I never received a response from your Board regarding this matter I never responded to Mr. Cuddy. which should have been done in January. Please give this matter ybur immediate attention and respond to me in writing before the end of this week. G:T::[A"~T,E$ I~. GU'DDY' January 13, 1992 Harvey A. Arnoff, Town Attorney Southold Town Hall 53095 Main Road P.O. Box l179 Southold, NY 11971 JAN 4 TO~l ATTO P~N F.Y'~ ,OFFiCE Re: Cooke & Wortis to the Town of Southold (Trustees) Dear Mr. Arnoff: My clients have signed deeds conveying various parcels at the end of South Harbor Road to the Town (Trustees) as well as to the Park District. I enclose copies of the deeds. Also enclosed for your review is the most recent map made by Roderick VanTuyl, PoC. for the subject parcels. I am also enclosing the deed which runs from the Town of Southold (Trustees) to. Ruth Emerson Wortis for the parcel shown on the Van Tuyl map (originally designated "to Ruth Emerson Cooke"). As you are aware, this matter has extended over several years. I would, therefore, appreciate your having the enclosed deeds signed by the Trustees, and we can then exchange deeds and arrange to have them recorded. Please note that we have also prepared a Real Estate Transfer Tax Return which must be signed by the Town (Trustees). At the time we exchange the deeds, I will also deliver to you signed Real Estate Transfer Tax Returns for each of the other parcels. Very truly yours, Charles R. Cuddy Enclosures GI~IAI~T,E$1~. GI3DDY 180 C~ OOT3~VTi~y l{o~o (I~T~. ~8) April 9, Harvey A. Arnoff, Esq. Town of Southold Town Attorney 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Cooke and Wortis to Southold Trustees and Park Districu Dear Mr. Arnoff: Three months ago I forwarded to you various deeds and other documents in connection with the nransfer of certain property at South Harbor Road, Southold, to the Town Trustees. I know you are busy, but three months would seem sufficient time for you to an least have reviewed the documents and advise whether the deeds and transfer forms will be signed so this matter may be concluded. Would you please give this matter your earliest and utmost attention. Very truly yours, Charles R. Cudd~k~' CRC:jme P.S. I am not sure you do if the that patience is a virtue; what would shoe was on the other foot? C.R.C. P:-584 [6/89} New York State Combined Real Prope y Transfer Gains Tax, Affidavit Real Estate Transfer Tax Return Credit Line Mortgage Certificate For department uae ~1~ See instructions (TP-584ol, this form. Please print or type. Conveyance (Transferor/grantor) TOWN OF SOUTIEOLD, a municipality []lndividual~Co,ooration Mailing address 53095 Main Road Name (if individual: last, first, middle initial) RUTH EMERSON WORTIS Vlai]i~gaSdress /5(3/ z{idge Drive, BUrnaby, B.C. V5A1B4 CANADA ZIP code ZlP coae Sccial security number I I ! Federal employer identification number Social security numoel Feder~ emp[oye~ [dentificatio~ number Location and descdpUon of property conveyed Tax map designation Address CityNillage Town County 1000- South ~arDor ~oad Southo!d Southold Su~o£~ Type of property conveyed ICheck applicable box) 1 [] I - 3 family house 5 [] Commemial/Industrial 2 [] Residential cooperative 3 [] Residential condominium 4 [] Vacant land 6 [] Apartment building Date of conveyance 7 [] Office building Condition of conveyance (Check all that apply) a. Conveyance of fee interest f. b. Acquisition of a contrsfling interest istate percentage acquired %) c. _ Transfer of a controUing interest (state percentage transferred - %) d. _ Conveyance to cooperative housing corporation e. _Conveyance pursuant to or in lieu of foreclosure (Attach Form TP-584.1. Schedule E; Percentage of real property conveyed which is residential real property % rsee instructions) _ Conveyance which consists of a mere change of identity or form of ownership or organization IAttach Form TP-584.1. Schedule F3 g. Conveyance for which credit for tax previously paid will be claimed (Attach Form TP-584.1, Schedule G; h. Conveyance of cooperative aoanment(s) i. _ Syndication L _ Conveyance of air rights or development Hghts k. _ Contract assignment L _ Option assignment or surrender m. _ Leasehold assignment or surrender n. Leasehold grant Conveyance of an ~=asemem p. __ Conveyance for which exemption from transfer tax is claimed, (Complete Scheddle C. Purl ltl) q. __ Conveyance of property partly within and Daftly withodt the state r, __Other (Descfibe= Schedule B - Real Property Transfer Gains Tax Affidavit (Article 31-B of the Tax Law) [] Check this box if a Tentative Assessment and Return is being filed with respect to your current transfer, and proceed to Schedule C without completing the following affidavit. Aisc, enter the assessment number shown on the Tentative Assessment: I (we) certify that: (check appropriate box) 1 E The transfer of real property consists of the execution of a contract to sell real property without the use or occupancy of such proper~y or the [~[~anting of an option to oumhase real property without the use or occupancy of such properly. 2 [] The transfer is a transfer of real property where the consideration is less than'S500,000 and which is neither iA) pursuant to a cooperative or condominium pran, nor lB) a partial or successive transfer pursuant to an agreement or Dian to elfectuata by partiat or success*va transfers transfer which would otherwise be included in the coverage of Article 31-S of the Tax Law. 3 [] 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. tall such transferors must sign this form.) 4 [] The conveyance is not a transfer of real property within the meaning of section 1440.7 of Article 31-B of the Tax Law. (Attach documents supporting such claim, and sign on bask as required.) 5 [] 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 Th s exemption may only be c aimed and attested to by a transferor that is an individual, estate or trust.) 6 ~ The governmental entity (transferor) s the State of New York, or any of its agencies, instrumentaliiies, political subdivisions, or public corporations, including a public corporation created Dursuant to an agreement or compact with another state or Canada. 7 [] The governmental entity (transferor) is the United Nations or any other international organization of which the United States rs 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 ! - Computation of Tax Due I Enter amount of consideration for conveyance. (if you are claiming a total exemption from tax. enter consideration and proceed to Part III) .................................................. 2 Continuing lien deduction (See instructions if property is taken subject to mortgage or lien) ..................... 1 0 4 5 ~ 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-584.1, Schedule G, ..... i i~iiiiiiiiiii~iiiiii 6 Total tax due" (Subtract. line 5 ~rom line 4) ......................................................... Part U - Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More I Enter amount of consideration for conveyance (same as amount in Part t line 1) ..................... I I J 2 Taxable consideration (Multiply line I by the percentage of the pre~nises which is residential real property) (see instructions) ] 2 I 3 Total additional transfer tax due* (told ~f line 2) .................. · I 3 t · Please make check(s) payable to the county clerk or city regmter where the recording is to take place or the Department of Taxation and Finance if payment is being made directly to the Tax Department. ~g office~s use i Amount I I received ~' PP:~[U : Date received Transaction number TP-58.,4 (6/89),{back) Schedule C - (continued) Part Iii - Explanation of Exemption Claimed in Part I. line 1. (check any boxes that apply) The conve~/ance of real property is exempt [rom the real estate transfer tax for the following reason: a. Conveyance is tothe United Natione. the United States of America, the State of New York pi; any of their instrumentalities, agencies or PO it ca subd ¥ s oas (or any public corporation, inc uding a pub c corporation created pumuant 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 without consideration and otherwise than in connection with a sale, including conveyances conveying realty as bona fide gifts ........................................................................................ c [] e. Conveyance is given in connection with a tax sale .............................. ~ '.', ...... ............................ e [] f. Conyeyance is a mere change of identity or form of ownership or organization where there is n'o change in beneficial 9wnership. (Thib exemption cannot be claimed for a conveyance to a cooperative housing corporatian of real property comprising the f[] cooperative dwelling or dwellings.} ............................................................................... 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 .............................. i [] j. Conveyance of an option or contract to purchase rea property with the use or occupancy of such property where the cons derat on s ess than"S200,000 and such property was used solely by the grantor as his personal residence and consists of a 1, 2, or 3 family house, a r~sidential individual condominium unit. or the sale of stock in a cooperat ve housing corporation a coP_section with the grant or transfer of a proprietary leasehold covering an individual residential cooperative unit .............. j [] k. Other (attach explanation) .................................................. Schedule D .'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) I [] 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. 2 [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 3 [] 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: [] 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: [] The transfer of real property is (A) to a person or persbns ralated 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 i~roperty after the transfer is held by the transferor or such related person or persons; [] The transfer of real properzy is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court; [] Other (attach detailed explanation). ,[ [] 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: or E A check has been drawn payable for transmmsion to the credit line mortgagee or his agent for the balance due and a satisfaction of such mortgage wilt be recorded as soon as it is available. 5 [] 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 or city register where deed will be recordedJ Signature and Affirmation (Both the transferer(s)/grentor(s) and trensferee(s)/grantee(s) must sign). The undersigned, being duly sworn, depose an(] 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 Articies 11, 31 and 31-B of the New York State Tax Law. TOWN OF SOUTHOLD By: RUTH EMERSON ~RTIS Subscribed to and sworn before me this day of 19 91. State of Notar!/ Public Subscribed to and sworn before me this ~t~'~ dayof~g~'~'~l'~''~'- ,1991 · KAMEN W. BO-,.G~ON Reminder: Did you complete all of the required information in Schedules A and B? Were you required to complete ~cneo . If you checked e, f and g in Schedule A, did you complete TP-584.17 Have you attached your check(s) made payable to the county clerk or city register where recording will take place or the Department of Taxation and Finance il payment is being made directly to the Tax Department? ?/