Loading...
HomeMy WebLinkAboutGATZ, MARILYNNYSTT NO CONSID- ERATION THIShNI)ENTURE, made ~e 5 day ~ September,nineteenhun&edand eighty-five BETWEEN TOWN OF SOUTHOLD TRUSTEES a Municipal Corporation of the State of New York created pursuanh to Chapter 615 of the Laws of 1893, having its office at 53095 Main Road, Southold, New York. partyofthefirstp~t, and MARILYN GATZ, residing at Sound Avenue, Mattituck, New York, DISTRICT 1000 SECTION 140.00 BLOCK 01.00 LOT p/o 016.004 p~ty of the second part, WITNESSET~, that the party of the first part, in considera~on of ten dollars paid by the party of the second part, does hereby remise, release and quitclaim Unto the iv/trW of the second part, the boks or mecessors Md assigns of the par~ of the second part ~rever, ALL that ~rta~ pBt, piece or parcel of land, wi~ the bnildin~ and improvements thereon erected, stmate, ly~g~db~ng~the Town of Southold at Mattituck, County of Suffolk, State of New York, described as follows: BEGINNING at a point on the easterly line of Love Lane at the northwesterly corner of upland premises and running thence along said Love Lane North 45~ 44' 10" West 45 feet more or less to ordinary high waner mark of Mattituck Creek; THENCE Northeasterly along said high water mark 170 feet mere or less to land of T. Reeve; THENCE along said land of T. Reeve South 47° 35' 20" East 65 feet more or less to the northeasterly corner of the upland premises; THENCE along said premises South 26~ 45' 40" West 166.45 feet ~o the Doint of beginning. The premises refer~ed to above as "upland premises" being and intended to be the premzpes of Marilyn Gatz, the party of hhe second part heremn. The premises conveyed herein being and intended to be lands, formerly under the waters of Mattituck Creek and now filled as a result of dredging operations conducted in Mattituck Creek. TOGETHER with all right, title and interest, ff any, of the party of the first part of, in and to any skeets and roads abutting the above-described premises to the center lines thereof; TOGgTHER with the appurtenances and alt the estate and rights of the party of the first part ~ and to saki premises; TO HAVE AND TO HOLD the premises herein granted unto the party of [he second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in eom, pliance with Section 18 of the Lien Law, hereby covenants that the party of the first part will receive the eonsiaeration for this conveyance and will hold the right to receive such consid- eration as a trnst fund to be applied first for the nurpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the irhprovement before using any part of the total of the same for any other purpose. The ;vord "party" shall be construed as if it read"parties' "whn-e e~er the sense of this indentm'e so requires. iN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above v~tten. TRUSTEES By: THE .TOWN OF SOU~TtlOLD THIS INDENTURE, made the Z~' '"-day of Octooer BETWEEN , nineteen hundred ~ etghty-one DOROTHY J. HAMILTON, residing at (no number) Love Lane, New Yor~ party of the first part, and MARILYN GA 14, residing at (no number' Sound Avenue, Mattituck~ New Yor~ part)' of the second part, WITNESSETH, that the party of the first part, ~n consideration of ten dollars and Other valmabl!e considerati,on pa d by the party of the second part, does hereby grant and release unto the party of the second part the heirs or successors and assigns.of the party c/f the second part forever, ALL that .certain plot, piece or parcel of land, with the btdldings and improvements therem~ er~eacted, situate, lying and being in the Town of Southotd at Matt[tuck, County of Suffolk, State Of New Yorq<, described as follows: BEGINNING au a aotnt formed by the intersection of the easterly tine of Love Lane with high water mark of Mattituck Oreek; running thence along the east- erly line of Love Lane South 45° 25' East 109.42 feet to a point; thence along land now or formerly of Lloyd Hamilton North 45° 18' 40" East 168.99 feet to a monument and lands now or formerly of James Reeve; thence along lands last mentioned North 47° 43' 30" West 155.60 feet to a point, and in a prolongation of said course 6.04 feet to the high water sari< of Matt[tuck Creek; thence along the waters of Mattttuck Creek 165.21 feet more on less to the point or place of BEGINNING. TOGETHER with att of the night, title and interest of the party of the first part of, in, and to the lands lying under the waters of Mattituck Creek amd under the highway adjacent to said premises. REAL 0CT TRANSFER i~X I SUFFOLK TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiug the above described premises to the center lines thereof; TOGETHER with the ai)purtenances and all the estate and rights of the party of the first part in and ta 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 covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, 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 paymem o~' 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.ute ~o 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: Dbr'othy d~/~ar~itor~ L.- CONSULT YOUR. LAV,~.~ BEFORE SIGHING, THIS INSTRUMENT. THIS ~,~ffRU Id ENT SHOULD ES USJ~D i~Y LAWYERS O ~,.Y-.~ THIS INDENTURE, raade fl~ 6th day of ' D$~fi embe~j'; ~neteen hundred and sixty- Five BETW~'N LLOYD HAMILTON, residing at Love Lane, Mattituck, Town of Southold, Suffolk County, New York, party of the tlr~t part, and Lane~ Mattltuck, Town of Southold, Suffolk County, New York, party of the second part, WITNESSETH, that the par[y' of the first par~, in consideration of ........................ ...... · .............. ($zo.oo) .............................. dom -s. hwfui money of the United States, and other good and valuable constderatton~d by the party of the second part, does hereby grant and release unto the party of the second parr, 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 improvememrs thereo~ erected, situate,: l~ngand ~ingg~r~ at Mattituok, in the Town of Southoid, County of Suffolk and State of New York, and bounded and described as follows:- BEGINNZNG at a point formed by the intersection of the Easterly line of Love Lane with P~gh wate~ m~k of M~ituck Creek and running thence along_the Easterly line of Love Lane south ~5 degrees 25 minutes East 109.42 feet to a point; thence along other lands of the party of the first part North 45 degrees 18 minutes 40 seconds East 163.99 feet to a monument and lands now or fo~raerly of James Reeve; thence along lands last mentioned North ~7 degrees 43 minutes 30 seconds West 155.60 feet to a point, and in a prolongation of said course 6.04 feet to the high water mark of Mattituck Creek; thence along the waters of Mattituck Creek 165.21 feet more or ~ess, to the point or place of beginning. TOGETHER with all of the right, title and interest of the pa~ty of the first part of, in and to the lands lying under the waters of Mattitu,ck Creek and under the highway adjacent to said premises. 494 TOGETHF_~ with all righi~ title and interest, if any, of the party of the first part in and to awy streets and rcads abutting the above described premises to the center lines thereof, TOC~-.THER with the appurtenances and atl 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 pa~ the heirs or successors and assigns of the party of the second part forever. AND the party of the first part co~nnt~ that the party of the first part has not done or suffered anythl.g whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the parry o£ the first part, in compliance with Section 13 of the Lien Law, eoveoanIs that the pan'y of the first part will receive the eonsid.~rat/on for rials 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 "party" shall be construed as if it read "parties" whenever*the sense of this indenture so require~ 1N WITNESS V~IEREOF, the party of the first part ha.~duly executed tiffs &,ed the day and year first above STATE OF NEW YOKE, COUNTY OP ~/SUFFOLK SS: On the perso~nally came LLOYD HANILT ON to me known to be the indlvldiml executed the foregoing instrument, he executed the same. 6th dayof Dec,robert 1965 ,beforeme described in and who and aclmowlcdgcd that STAT1E OF NEY/ YORK. COUK~'Y SS; On the day of . 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the o£ , the 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 corpora- tion, and that he signed h name thereto by like order. STATE OF NEW ~,.,~, COU~/'Y OF On the day of persona~ly ch'ne 19 , before me to me known to be the individual described in and who executed the foregoing instrument, mad acknowledged that executed the same. STATE 011 #EW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrmnont, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. DEC 10 196~ C2~rk of Suffolk NYSTT NO CONSID- ERATION DISTRICT 1000 SECTION 140.00 BLOCK 01.00 LOT p/o 016.004 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY Tills INDENTURE, made the day of August , nineteen hundred and eighty-f ive party of the flrst part, and MARILYN GATZ, residing at Sound Avenue, Mattituck, New York, WITiNESSETH, that the party of the first par~, in consideration of ten dollars paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the see0nd part, the heirs or successors and .~ssigns 9f the party of the ?eond part forever, ..ALL that certain plo~ piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingandb6ing:i~th~ Town of Southold at Mattituck, C~ounty of Suffolk, State Of New York, described as follows: ~ z:c~ ~ . - BEGINNING ,at ~a p0int on the easterly line .of Love Lane at the ........... [i~ort~wes~erly corner of upland premises and running thence along samd ~ove 'La'nd'~'N~'~th 45© 44' 10" West 45 feet more or less to ordinary high water mark of Mattituck Greek; '~ THENCE Northeasterly along said high water mark 170 feet more or less to land of T. Reeve; --THENCE al6ng said land of T. Reeve South 47° 35' 20" East 65 feet more or less to the northeasterly corner of the upland premises; :'~HENCE"~'10~g"~aid premises South 26° 45' 40" West 166.45 feet to the point of beginning. The premises referred to above as "upland premises" being and intended to be the premises of Marilyn Gatz, the party of the second part herein. The premises conveyed herein being and in tend ed to be f~ lan so~~ the waters of Mattituck Creek and now filled as a result of dredging operations conducted in Mattituck Creek. _ with ~ ~ ~e estate and dgh~ o~ ~e p~ of ~e ~z~t ~ ~ an~ to s~fd p~emis~; TO ~ ~ND TO HOLD ~e premises here~ ~nted ~nto the par~ of ~e se~nd p~, ~e he~s or ~esso~ ~d as~ of the p~ of ~e se~nd pa~ ~orever. AND the party of the first part, in compliance with Section 18 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 recoive 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 i~provemcut before using any part of the t6tal of the sam~ for aay other p. urpose. 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. ~ . TRUSTEES TO IRE TOWN OF SOUTHOLD By: - REAL PRGI'ERTY TRANSFER GAINS TAX AFFlilAVIT OF INDIVIDUALS STATE OF NEW YORK) ) COIINTY OF SUFFOLK ) TRUSTEES TO THE TOWN I (We) OF SOUTHOLD , , baIn~ duly sworn, depose(u) and aMy(e) under proparty located MC LOvc T,~na ,, . Mattitu~ck Street City New ¥ork;.thmt property has been. or for a coeeId,r&tlon of $ -0- ; that I. [ ] the transtar of real property counters of the execution of contract to nell real property without the uae or occupancy each propert~ or th~ 8rantin8 of an option to pco~r~y vl~hout the u~e or occupaucy o~ Much property. 2. 1~] the tranuf~r ia a rranafer of real properr~ where the conaid- station la le,~ than five hundred ~]~ouaan~ do:llama and ia neither (A) ,ur~uan: to a coop{retire o: co~oe!ni~ plea, nor (B) a partial or uucceu~lv~ :ranaf~r ~ruuau~ to agreement or plan ~o effectuate by partial or aucceaalve tra,afe~s a t~anafer which would otherwlae be: included 'la :he covaraae of l~clcl~ :hlrcy~on~-~ of :ha Tax LaM. 3. [ { the tranufer la a tranuf~r of real property by Eenanta couuaon. Joint tenunta or tunants by the entirety where the aggreKaCe c~nulderaClon la luau chun flvu hm~red I. [ ] the conveyance iu not a ~ranafer of r~al property ~tthln the meantlg~[ eubdlvlal0n seven of uect/un fOUrteen hUndred forty aupportlng guch claim.) 5. [ ] the transfer n~ leal property conalatu et premta~a ~holly occupied and uued by the trunaferor exclu~/vely aa hie raslhence, /ecludlng u cooperative upmrtmen~ o:r con~o~lBium occupied by th~.tranuferor excluu/veIy ~a U~ rualOanc~. (gee TRUSTEES TO THE TOWN OF SOUTHOLD SocAul ~ecurlty Number 85 Subucrlbed and eworn before ~e thin day of August 19 NOTARY PUBLIC COUNTY OF SUFFOLK STATE OF NEW YORK 'rhr~ acatemente are made with the knowledge that a willfully false repreaent&tion lu unlawful ami iu punl. uhable aa the crim~ of perjury under Artlcl~ 210 of the PaMI Law. 'l'htu i~fltdavtt muuC be flied on the dace of trm:aier with the recording officer of F.O. Box 5045, Albany, NY 12205. *11' only parc of the prelniaea watt uc£ually occupied and ua~d for reuidenct&l Tra.sferor u~ Form TP-581, Ne~ York State Real Property Trams/er Gains T~. questionnaire - Trauefero,~ muut b~ completed. S~e inettuctlone, Fo~ TP-b$0-X m~ TP 58l-1. REAL I'ROI'EETY TRANSP£R GAINS TAX, AFFIDAVIT OF INDIVIDUALS STATE OF NEW YOKK) ) COUNTY OF SUFFOLK ) TRUSTEES TO T-HE TOWN [ (wa) OF SOUTHOLD , being duly .T'r~fi~feror u or 'Tr~n$fer~ Sfltaature TRUSTEES "20 "2gE "2OWN OF SOU"2FiOLU 1. [ ] the transfer of real property co,,ateta of the execution of contract to cell real property without the use or occupancy of each p.~operty or tit{ granting of an option to p~rc~$m property ~lthout the uae or occupancy of e~ch property. 2. ~] the rranufur t~ a transfer of real property ~[mr~ the consid- eration i~ leau than five hundred [houaanddollara and ie,neJther (A) permute[ to ~ cooperative or condomlnl~ covarat~ of irtlcl~ thlrty-one-B of tim Tat La~. 3. [ } the trotmt'er ia a rranafer of real property by tenants co~aon, Inlet tenm~ta or teiiao[~ by tbs *ntlrety wb~r{ dollars. (All aucb tran$fdroru ~.t sl~n this form.) 4. [ ] the conveyance lu nec a trunafer of real property within thm of Articl~ tbirty-one-~ et thc Ta~ Leu. (Attach doc~ant~ aopportln8 ~uch claim.) ~. [ J the transfer of real property con~iata of premises ~holly occupied and uu~d by tbs [runs facet exclusively aa his ~ footnot~.)- (A Y~SFEKEE ~Y NOT CHECK THIS lran~-eror e or T~aneferee m tocial $~cnrity Number Subscribed and sworn .before me thla 5 day of Sepfember NOTARY PUBLIC, Stae ~ New Yed~ ~ ~ No. 52-8125850, Su~o)k COUk~/ NO"2ARAt PUItL lC / Term Expires March ~0. 19 C~ · COUNTY OF SUFFOLK STATE OF NEW YO1LK , 19 85 'rheas ucatemeut$ are made with tbs knowledge that a willfully false tu unlawful aJ~td ia punishable ua tbs crime of perjury under Article ZlO uf the Law. 'l'ht~ aft ldavit mu~t be flied o. thc date of trnnbter with the recording officer of P.O. Box 506~, ALbany, NY 12205. only part of. the premloea w;l~i actually occupied and uae~] for roulden£1ai ROBERT W. TASKER NEY TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 August 12, 1985 Ms. Ilene Pfifferling Board of Town Trustees Town of Southold Main Road Southold, New York 11971 Re: Deed from Trustees to Gatz Dear Ilene: In accordance with your request, I have reviewed the proposed deed jn the above matter and have the following comments: With respect to the names of the Trustees, I suggest that you add the material pencil~ in after "Town of Southold Trustees," At the end of the description of the premises, t would suggest that the material stapled in on a separate sheet be added. The Trustees have normally used an acknowledgement clause setting forth all of the trustees. Such form is stapled to the back of the deed and a similar form should be prepared and used. If you have any questions, please contact me. Yours very/~, ROBERT W. TASKER RWT :aa BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971- August 8, 1985 TELEPHONE [516) 765-1892 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenpor~, New York 11944 Re: Premise - Love Lane Mattituck, New York Gatz to .Rutter Dear Bob: Enclosed herewith is a copy of a quitclaim deed requested for a "Beach area" prepared by Attorney Peter S. Danowski, Jr. on behalf of Marilyn Gatz. We are forwarding same to you for your review. Please advise at the earliest possible date so that this matter may be reviewed further at the next meeting of %he Board to be held on August 28, 1985. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board HPS:ip Attachments cc: Mr. Peter S. Danowski, Jr. Esq. PETER S. DANOWSK JR. PRISCILLA A CORKREY LAW OFFICES PETER S. DANOWSKI. JR. 616 ROANOKE AVENUE P, O. BOX 779 RIVERHEAD NY 11901 (516) 727-4900 July 18, 1985 MICHAEL T. CLIFFORD DF COUNSEL CHRISTINE L. SIMICICF PAMELA A. BLAKE SECRETARIES Southold Town Trustees Southold Town Hall Main Road Southold, NY 11971 Re: Premises - Love Lane Mattituck, New York Gatz to Rutter Dear Sirs or Madam: I am writing this letter requesting that the Trustees quitclaim any rights to property lying between Mattituck Creek_and my client's property as described into her. I enclose a copy of the deed to my client, Marilyn Gat~, from her mother, Dorothy J. Hamilton. I also enclose a copy of a deed from Lloyd Hamilto~ to Dorothy J. Hamilton. Note that the description of the property runs to the high water mark of Mattituck Creek. Henry Weismann, Esq., representing Lawrence and Adele Rutter, who currently reside as tenants on the said premises, have contracted to purchase the property from Marilyn Gatz. In the process of obtaining title insurance, they have also ordered a survey from Roderick Van Tnyl. Mr. Van Tuyl has labeled ~ porti~on of the survey between the ordinary high water mark and a concrete wall as "Town of Southold" property. After speaking to Mr. Van Tuyl and othmrs, the purchasers' attorney, Mr. Weismann, feels that a considerable amount of dredging and filling took place along the shores of Mattituck Creek, which is under the jurisdiction of the Southold Town Trustees. It has been ascertained that the Town Trustees have, upon request~ deeded the filled portion of land abutting adjacent upland properties to the adjoining property owner. Although I would think that the Gatz's parcel cannot be diminished in smze by the dumping of dredged material taken from the Creek, it would satisfy the purchasers if a quitclaim deed could be granted from the Town Trustees for the so-called "beach area". Both the seller and the purchaser are anxious to close title on this property and it would be most appreciated if the Trustees could con- sider this request at its next meeting on August 1, %985, and execute Southold Town Trustees -2- July 18, 1985 the quitclaim deed as enclosed. representing the purchasers, or Gatz, will be present to answer If possible either Mr. Weismann, the undersigned, representing Mrs. any inquiries. PSD/pb Enclosures cc: Mrs. Marilyn Gatz Very truly yours, PETER ~.~ mr_ / /