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2010-3112010-311 Resolution Accepting Dedication of Portion of St. Nicholas Road in Connection with Dutchess County Pistol Association At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October 12, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale (Arrived 6:14PM) Vincent F. Bettina Ismay Czarniecki (Arrived 6:09PM) Joseph P. Paoloni The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, by Resolution dated July 19, 2010, the Planning Board of the Town of Wappinger granted Amended Site Plan Approval to Dutchess County Pistol Association (the "Applicant") to construct a 162 foot by 62 foot building over the existing pistol range; and WHEREAS, St. Nicholas Road is a Town Highway by use; and WHEREAS, the Applicant owns the underlying fee title to a portion of St. Nicholas Road; and WHEREAS, one of the conditions of Amended Site Plan Approval is that the Applicant dedicate to the Town the underlying fee title to that portion of St. Nicholas Road owned by the Applicant; and WHEREAS, the Applicant has delivered to the Town a Deed in recordable form transferring the portion of St. Nicholas Road to which it owns the underlying fee title. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the Deed of Dedication and accompanying TP - 584 and RP -5217 for the portion of St. Nicholas Road from Dutchess County Pistol and directs Supervisor Christopher J. Colsey to execute any documents necessary to record the Deed in the Office of the Dutchess County Clerk, and further directs the Town Clerk to record said Deed and related documents in the Office of the Dutchess County Clerk. 3. Albert P. Roberts, attorney to the Town, is authorized to assist the Supervisor and the Town Clerk in recording said instruments. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: ABSENT VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 10/12/2010 The Resolution is hereby duly declared adopted. HN C. MASTERSON, TOWN CLERK AFFIDAVIT STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, VINCENT TIERNEY, being duly sworn, deposes and says: I am the duly elected President of the Dutchess County Pistol Association, Inc., a New York State not-for-profit corporation. 2. A meeting of the Board of Directors was held on September Y, 2010, at which time a Motion was made and carried for the transfer to the Town of Wappinger a certain portion of the real property owned by the Dutchess County Pistol Association, Inc., consisting of a portion of the roadway known as St. Nicholas Road. 3. That deliberation, Motion, and vote occurred, in accordance with the By -Laws of the Dutchess County Pistol Association, Inc. VINCENT T RNEY Sworn to before me this day of September, 20 0 Notary P is LEE DAVID KLEIN Notary Puhiic State c; ew York Qualified in Dutchess tVoijnty Commission Ex ire^ Coun1Y P Oct. f4,?0 1'! OCT 012010 TOWN OF WAppjNGER -T0W N CLERK BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS THIS INDENTURE, made the 4 f day of September, Two Thousand Ten BETWEEN DUTCHESS COUNTY PISTOL ASSOCIATION, INC., a New York State not-for-profit corporation, 47 St. Nicholas Road, Wappinger Fall, New York 12590 parties of the first part, and TOWN OF WAPPINGER, a municipal corporation, with its principal offices at Town Hall, 20 Middlebush Road, Wappingers Falls, NY 12590 parties of the second part, WITNESSETIJ that the parties of the first part, in consideration of Ten Dollars and other valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, the heirs or successors and assigns of the party of the second part forever, This conveyance is made with approval of the Board of Directors in accordance with the By - Laws of the Grantor corporation and does not constitute all or substantially all of the assets of the Grantor corporation. ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Wappinger, County, New York known and designated as: See Schedule A; which dedication is for a portion of St. Nicholas Road. 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 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 HOLDthe 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 parties of the first part covenants that the parties 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 parties of the first part, in compliance with Section 13 of the Lien Law, covenants that the parties 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 indenture so 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 DUTCHESS COUNTY PISTOL ASSOCIATION, INC. U BY: VINCENT TIERNEY, SID NT STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS ) On the � 9 f "Zlay of September, 2010, before me, the undersigned, personally appeared VINCENT TIERNEY,personally 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. (—�Vj NOTARY LI LEE DAVID KLMN Notary Public, State cf New York Qualified in Dutchess County Commission Expires Oct. 14, 20 rLCHJC I III vrt I I-- I II"•I" ...— —.- INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY C1. SWIS Code C2. Date Deed Recorded I Moth / Day / Year I C3. Book I I I I 1 I C4, Page 1. Property Location REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES r I RP -5217 exe is RP -5217 Rev N97 2, Buyer FIRST NAME Name LAST NAME I COMPANY Town of Wappinger, a Municipal Corporation FIRST NAME LAST NAME / COMPANY 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address (at bottom of form) I LAST NAME / COMPANY FIRST NAME Address STREET NUMBER AND STREET NAME CITY OR TOWN STATE ZIP CODE (Only if Part of a Parcell Check as they apply: 4. Indicate the number of Assessment Roll parcels transferred on the deed # of Parcels OR Part of a Parcel as Planning Board with Subdivision Authority Exists 48. Subdivision Approval was Required for Transfer ❑ 5. DeedX I OR I I 4C. Parcel Approved for Subdivision with Map Provided ❑ Property FRONT FEET DEPTH ACRES Size Dutchess County Pistol Associations Inc —� 6. Seller FIRST NAME Name LAST NAME/COMPANY , 7. Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: ❑ S. Ownership Type is Condominium I Community Service 9. New Construction on Vacant Land ❑ ,B One Family Residential IF A rlcultur.I 9 J Industrial 10A. Property Located within an Agricultural District ❑ B 2 or 3 Family Residential F Commercial K Public Service 108. Buyer received a disclosure notice indicating ❑ C Residential Vacant Land G Apartment / Amusement L Forest that the property is in an Agricultural District H Non -Residential Vacant Land H Entertainment 15. Check one or more of these conditions as applicable to transfer: SALE INFORMATION / I p Sale Between Relatives or Former Relatives I / 11. Sale Contract Date Month Day Year g Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller '��{ / ' D I D Buyer or Seller is Government Agency or Lending Institution 12. Date of Sale / Transfer / E Deed Type not Warranty or Bargain and Sale (Specify Below) Month Day ear F Sale of Fractional or Less than Fee Interest (Specify Below) -G Significant Change in Property Between Taxable Status and Sale Dates 0 0 I H - gale of Business is Included in Sale Price 13, Full Sale Price I 1 ' ' • Other Unusual Fiictors Affecting Sale Price (Specify Below) including personalproperty.I (Pull Sale Price is the total amount paid for the property cludin or goods, or the assumption of J None This payment may be in the form of cash, other property Please round to the nearest whole dollar amount. mortgages or other obligations.) 14. Indicate the value of personal 0 0 1 property included in the sale ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill 16. Year of Assessment Roll from �1 J 17 Total Assessed Value (of all parcels in transfer) which information taken 18. Property Class I—" 19. School District N. 20. Tax Map Identifierls) / Roll Identifiers) (If more than four.. a..... ;:aet with additional identifier(s)) I CERTIFICATION I certify that all of the items of information entered on this form are true and correct (hr the best la r knowledge and belief) and 1 understand that the making of anv willful false statement of material fact herein will subject me to the provisions of the penal law relative to the making and filing of false instruments. BUYER I BUYER'S ATTORNEY BUYER SIGTU DATE Town of lappinc er Town Fall, 120 Middlebush Road STREET NUMBER STREET NAME IAFTER BALEI Wappingers Falls, NY 12590 1 1 Cml OR TOWN STATE ZIP CODE SELLER SE LER SIGNATURE OATS Dutcless County PistAssociation, Inc. Roberts, Esq. Albert LAST NAME FIR51 NAME 845 298-2000 AREA CODE TELEPHONE NUMBER NEW YORK STATE COPY TP -584 (3/07) New York State Department of Taxation and Finance Address City/village Combined Real Estate Recording office time stamp L4 Transfer Tax Return, Block Lot Credit Line Mortgage Certificate, and appinger Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP -584-1 Instructions for Form TP -584 before completing this form. Please print or type. Schedule A — Information relating to conveyance GrantorlTransferor Name1findividual; last, first, dTe initial DUTCHESS COUNTY )�ISTOL ASSOCIATION, INC. S I security number . 125* 3 nIndlVidual ❑ Corporation Mailing address ocial security number El Partnership 47 ST. NICHOLAS ROAD El Estate/Trust City State ZIP code WAPP INGER FALL, NY 12590 Federal employer ident. number El Other Grantee/Transferee '1'UWNindlYiduaIWHYYlNCi ii � A MUNICIPAL CORPORATION Ut Social security number ❑ Individual � Corporation Mailing address Social security number PartnEstatership ❑ Partnership TOWN HALL, 20 MIDDLEBUSH ROAD ❑ City State ZIP code Federal employer ident. number El Other WAPPINGERS FALLS, NY 12590 Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot appinger Dutchess Type of property conveyed (check applicable box) 1 ❑ One- to three-family house 5 ❑ Commercial/Industrial Date of conveyance Percentage of real property 2 ❑ Residential cooperative 6 ❑ Apartment building conveyed which is esidential 3 ❑ Residential condominium 7 ❑ mo 1n day earr Office building real property �.J % (see instructions) 4 %� Vacant land 8 El Other 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 transferred %) d. ❑ Conveyance to cooperative housing corporation 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 e. ❑ Conveyance pursuant to or in lieu of j. ❑ Conveyance of air rights or foreclosure or enforcement of security development rights intaract raNarh Fnrm TP,5R4 1_ Schedule E) i. 1--1 e-__+..,,.+ _;...,­+ 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) cl. ❑ Conveyance of property partly within and partly outside the state r ri nthar rriaccriha) For recording officer's use Amount received Schedule B., Part I $ Date received Transaction number Schedule B., Part 11 $ 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 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the e exemption claimed box, enter consideration and proceed to Part///) .............................. ❑ Exemption claimed 1. 2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ......................................... 2. 3 Taxable consideration (subtract line 2 from line 1)................................................................................................... 3. A 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ......................................................... 4. 5 Amount of credit claimed (see instructions and attach Form TP -584.1, Schedule G) ................................................... 5.1 n 6 Total tax due' (subtract line 5 from line 4)................................................................................................................ 6. F h Part H – Computation of additional tax due on the conveyance of residential real property for $1 million or more 1 Enter amount of consideration for conveyance (from Part t, line 1)........................................................................ 1. 2 Taxable consideration (multiply line 1 by the percentage of the premises which is residential real property, as shown in Schedule AJ ... 2. 3 Total additional transfer tax due` (multiply line 2 by 1 % (.01)).................................................................................. 3. Part III – Explanation of exemption claimed on Part 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 ❑ compactwith 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 realtyas bona fide gifts....................................................................................................................................................................... d ❑ e. Conveyance is given in connection with a tax sale............................................................................................................................. e ❑ 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 ................................................. i ❑ Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property 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....................................................................................................................................... j ❑ k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents supportingsuch claim)........................................................................................................................................................................... k ❑ I. Other (attach explanation)..................................................................................................................................................................... 1 ❑ 'Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not 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 TP -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 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 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 person 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 line 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 City, 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 purposes of recording the deed or other in trument effecting the conveyance. Wa in er Town f PP g Title DutchessGr'out�ntr stol Association, Inc. signature Title Grantee signature title 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, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. 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 I - 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/sellers 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. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print 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 transferor(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated personal 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 -584-1. Exemption for nonresident transferors)/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 From:Feldman-Jacobson Abstract 8454543720 09/24/2010 13:07 #875 P.001/001 Schedule A Description Underwriter No. RF 199-93 Title Number 1010040191 Page 1 ALL that certain plot, piece or parcel of land situate lying and being in the City of Poughkeepsie, County of Dutchess and State of New York bounded and described as follows: BEGINNING at a point marked by a steel pin set at the northerly side of Cottage Street, said point being the southwesterly corner of the herein described parcel and being the southeasterly comer of lands of J & D Wilson Realty Inc. described in Document 02-2002-9982; thence along the same, N 41 deg 24'E 248.50 feet to a steel pin set, said point being on the division line of lands of New York Central Lines LLC described in Document 02-1999-5513 and being the northwesterly corner of lands of Murphy Partners LLC described in Document 02-2007-6840; thence along lands of Murphy Partners LLC, S 43 deg 40'E 79.39 feet to a steel pin set, N 41 deg 34'E 2.00 feet to a steel pin set, S 48 deg 19'E 50.80 feet, S 41 deg 41'W 37.42 feet, N 48 deg 19'W 0.80 feet and S 41 deg 41' W 206.65 feet to a steel pin set at the northerly side of Cottage Street; thence along the same, N.48 deg 19'W 127.88 feet to the point or place of beginning.