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HomeMy WebLinkAbout499559-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (637)274-5431 Fax (607) 274-5445 No. of Pages, 3 Receipt No 499559 DATE 11 /14/2006 Time. 04:29 PM Document Type: DEED Instrument Number *499559-001* Delivered By: HARRIS BEACH LLP Return To. HARRIS BEACH LLP 119 EAST SEN ECA ST ITHACA, NY 14850 Parties To Transaction: OVERLOOK AT WEST HILL / OVERLOOK DE Deed Information Consideration: $0.00 Mortgage Information Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax- RETT No. 00930 Special Mtge. Tax County Transfer Tax. Additional Mtge. Tax State of New York Tompkins County Clerk Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk I IIIIII IIIII 11111111111111111111111111111111111111111111 IIII WARRANTY DEED THIS INDENTURE made the -Lc.,k day of 0 e war, Two Thousand and Six, between OVERLOOK AT WEST HILL. L.P., a New York State Limited Partnership maintaining an address at 31-87 Steinway Street, Suite 4, Astoria, New York, 11103 ("Company") and OVERLOOKAT WEST HILL HOUSING DEVELOPMENT FUND CORPORATION, aNew York not -for -profit corporation organized pursuant to Article XI of the Private Housing Finance Law of the State of New York and Section 402 of the Not -for -Profit Corporation law of the State of New York, maintaining an address at 115 West Clinton Avenue, Ithaca, New York 14850 ("HDFC"), collectively Company and HDFC are Grantor, and TOWN OF ITHACA, a municipal subdivision of the State of New York, maintaining an address at 215 North Tioga Street, Ithaca, New York, 14850, Grantee. WITNESSETH that the Grantor, in consideration of ONE AND NO/100 DOLLARS ($1.00) lawful money of the United States, and other good and valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, their heirs and assigns, the survivor of the Grantee, and heirs and assigns of such survivor forever, all that tract or parcel of land situate in the Town of Ithaca, County of Tompkins, and State of New York, as more particularly bounded and described in the attached Schedule "A". TOGETHER WITH the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, the heirs, distributees, or successors and assigns of the Grantee forever. AND the Company covenants as follows: (1) that the Grantee shall quietly enjoy the said premises; (2) that the Grantor will forever warrant the title to said premises; and (3) that this deed is subject to the trust fund provisions of Section 13 of the Lien Law. If more than one person joins as Grantor or Grantee, the relative provisions herein shall be read as if written in the plural and their covenants and agreements herein shall be their joint and several obligations. IN WITNESS WHEREOF, this deed has been duly executed as of the day and year first above written. Overlook at West Hill L.P. By: Overlook at West Hill GP LLC, general partner By: Ithaca House LLC, Manager By: Domain Overlook LLC, Member Chris P-apamichael, Member OVERLOOK AT WEST HILL HOUSING DEVELOPMENT FUND CORPORATION (By: — .__Davi&Sp resi t STATE OF NEW YORK COUNTY OF ) ss.: r On the day of2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Papamichael, 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 individuals, or the persons upon behalf of which the individual acted, executed the same. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: j Notary Public ATRICIA E. HERRIT Notary Public -State of New York No. 01 HE6083912 Qualified in New York County My Commission Expires Nov. 25, 2008 On the d day of A&� 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared David Sprague, 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 individuals, or the persons upon behalf of which the individual acted, executed the same. Notary Pu lic MARK B. WHEELER Notarryy Public, State k ns Co tyk 0 ified in Tomp �o No. 474867� 7, aT Commisison Expires SCHEDULE "A" ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, more particularly bounded and described as follows: COMMENCING at a pin in the southwesterly highway line of Trumansburg Road — NYS Route 96 located 309.09 feet north 50' 38' 29" west along said highway line from its intersection with the northerly line of premises now or formerly of NYS Electric and Gas Corp. (Book 485 of Deeds, page 125); THENCE south 50' 38' 29" east along said highway line 50 feet to a point; THENCE south 39' 21' 3 1 " west 80.41 feet to a point; THENCE southwesterly 82.95 feet along a curve to the left having a radius of 400 feet and a chord bearing and distance of south 33' 25' 02" west, 82.81 feet to a point; THENCE southwesterly 277.50 feet on a curve to the right having a radius of 500 feet and a chord bearing and distance of south 43' 22' 32" west, 273.95 feet to a point; THENCE south 59' 16' 30" west 237.73 feet to a point; THENCE north 30' 43' 30" west 28 feet to a pin; THENCE north 580 47' 3 5 " east 237.74 feet to a pin; THENCE northeasterly 313.67 feet on a curve to the left having a radius of 470 feet and a chord bearing and distance of north 40' 09' 21" east 3 07.8 8 feet to a pin; THENCE northeasterly 119.37 feet on a curve to the right having a radius of 425.87 feet and a chord bearing and distance of north 31 ° 53' 36" east 118.98 feet to the point and place ofbeginning. The foregoing description is in accord with a survey entitled "Survey Map Showing Proposed Parcels to be conveyed to the Town of Ithaca for a Town Highway to be known as West Hill Drive, Town of Ithaca, Tompkins County, New York" dated April 17, 2006, which map is intended to be filed in the Tompkins County Clerk's Office concurrently herewith. BEING a portion premises conveyed to Overlook at West Hill Housing Development Fund Corporation by Quit Claim Deed dated March 29, 2005 and recorded in the Tompkins County Clerk's Office on April 18, 2005 as Instrument No.: 471502-001. SUBJECT TO a utility easement granted by instrument dated August 16, 2005, from Overlook at West Hill Housing Development Corp and recorded in the Tompkins County Clerk's Office on September 20, 2005 as Instrument No.: 479353-003. Overlook at West Hill, LP, joins in the execution and delivery of this deed so as to convey all of its right, title and interest in and to the premises conveyed herein pursuant to a Declaration of Interests and Nominee Agreement dated March 29, 2005 and recorded in the Tompkins County Clerk's Office on April 18, 2005 as Instrument No.: 471502-002.