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HomeMy WebLinkAbout499559-007r Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (60 7) 274-5431 Fax (607) 274-5445 No of Pages 3 Receipt No 499559 DATE 11 /14/2006 Time 04.31 PM Document Type. DEED Instrument Number *499559-007* 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 Transfer Tax: $0.00 Mortgage Information Mortgage Amount Basic Mtge Tax: RETT No 00931 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 (),w+OA- , vtz" �. Tompkins County Clerk 111111111111111111111111111111111111111111111111111 l��'l WARRANTY DEED THIS INDENTURE made the � day of �� ��-�o r , Two Thousand and Six, between OVERLOOK AT WEST HILL II L.P., a New York State Limited Partnership maintaining an address at 31-87 Steinway Street, Suite 4, Astoria, New York, 11103 ("Company") and OVERLOOK AT WEST HILL II HOUSING DEVELOPMENT FUND CORPORATION, a New 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 Grantor 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 II L.P. By: Overlook at West Hill GP II LLC, general partner By: Ithaca House II LLC, Manager By: Domain Overlook LLC, Member By: The Domain Companies LLC, Member OVERLOOK AT WEST HILL II HOUSING DEVELOPMENT FUND CORPORATION Da ' Sp u Presi en STATE OF NEW YORK ) COUNTY OF ) ss.: On the �ffday off, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Matt Schwartz, 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. PATRICIA E. HUI— Notary Public -State ai ry No. 01 HE60839'i Quar Pied in New York County _ My Comrresa-on Expires Nov. 25, 2006 Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the ` day of , 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 Public MARK B. WHEELER NotaryPublic, State of New York Qualified In No. Tompkins mpki s C unty 47486 Commisison Expires —r 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 point in the southwesterly highway line of Trumansburg Road —NYS Route 96 located 259 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 39' 21' 3 1 " west 80.41 feet to a pin; 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 south 30' 43' 30" east 32 feet to a pin; THENCE north 58' 47' 3 5 " east 69.20 feet to a pin; THENCE south 27' 46' 15" east 38.98 feet to a pin; THENCE north 62' 13' 45" east 60 feet to a pin; THENCE north 27' 46' 15" west 42.58 feet to a pin; THENCE north 58' 4735" east 108.43 feet to a pin; THENCE northeasterly 294.15 feet on a curve to the left having a radius of 530 feet and a chord bearing and distance of north 43' 22' 3 2 " east 290.39 feet to a pin; THENCE 76.73 feet on a curve to the right having a radius of 370 feet and a chord bearing and distance of north 33' 25' 02" east 76.60 feet to a pin; THENCE north 39' 21' 3 1 " east 80.41 feet to an iron pin; THENCE north 50' 38' 29" west 30 feet to the point and place of beginning. 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 II Housing Development Fund Corporation by Quit Claim Deed dated January 13, 2006 and recorded in the Tompkins County Clerk's Office on January 20, 2006 as Instrument No.: 484993-002. SUBJECT TO a utility easement granted by instrument dated August 16, 2005, from Ithaca Land Holdings, LLC and recorded in the Tompkins County Clerk's Office on September 20, 2005 as Instrument No.: 479353-002. Overlook at West Hill II, 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 January 13, 2006 and recorded in the Tompkins County Clerk's Office on January 20, 2006 as Instrument No.: 484993-003.