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Home My WebLink About506162-008Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 3 Receipt No. 506162 DATE: 03/27/2007 Time: 04:06 PM Document Type: DEED Instrument Number *506162-008* Delivered By: HARRIS BEACH LLP Return To: HARRIS BEACH LLP 119 EAST SEN ECA ST ITHACA, NY 14850 Parties To Transaction: OVERLOOK AT WESTHILL Deed Information Mortgage Information Consideration: $0.00 Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No: 02251 Special Mtge. Tax: County Transfer Tax: $0.00 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 jLao' e V'L-t- I IIIIII IIIII 1111111111111111111111111111111111111111 IN IIII WARRANTY DEED THIS INDENTURE made then¢ day of cv wo Thousand and Seven, between OVERLOOK AT WEST HILL II L.P., a New k 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, its successors and assigns 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, and the 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 Il LLC, general partner By: Ithaca House II LLC, Manager By: Domain Overlook LLC, Member By: The Domain Companies LLC, Member By: M>XVf1dft, z, Member OVERLOOK AT WEST HILL II HOUSING DEVELOPMENT FUND CORPORATION By: — id Wrag Presi e t STATE OF NEW YORK } COUNTY OF ) ss.: On thS;& day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared M 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. (ja r4t, / Notary Public PATRICIA E. HER Notary Public -State of ew York No. 01 HE6083912 STATE OF NEW YORK ) Qualified in New York County COUNTY OF TOPKINS ) ss.: My Commission Expires Nov. 25, 2010 On the day of %tJ 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared avid 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 ec same in his capacity, and that by his signature on the instrument, the individu , o b o alf of which the individual acted, executed the same. Notary Public MARK B. WHEELER Notary, public, State of New Yor1C Qua stied in -Tompkins Co my No. 474867 t Commislson 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 point marked by a set pin at the southwesterly terminus of West Hill Drive, as conveyed by deed to the Town of Ithaca recorded in the Tompkins County Clerk's Office on November 14, 2006 as Instrument No.: 499559-007, which point of beginning is located the following 2 courses and distances from the intersection of the northerly line of West Hill Drive and the southwesterly highway line of Trumansburg Road — NYS Route 96: (1) southwesterly along the northerly line of West Hill Drive 670.78 feet, and (2) south 301 43'30" east 60 feet, to the POINT OF BEGINNING; THENCE south 59' 43' 49" west 251.79 feet to a point; THENCE south 59' 16' 30" west 189.56 feet to a point marked by a set pin; THENCE on a curve to the right having a radius of 330 feet, an arc distance of 165.99 feet, a chord bearing and distance of south 73141' 06" west 164.25 feet to a point; THENCE south 88' 05' 42" west 37.25 feet to a point marked by a set pin; THENCE north 01 ° 54" 18" west 60 feet to a point marked by a set pin; THENCE north 88' 05' 42" east 37.25 feet to a point; THENCE on a curve to the left having a radius of 270 feet, an arc distance of 23.98 feet, a chord bearing and distance of north 85' 33' 03" east 23.97 feet to a point marked by a set pin; THENCE north 22' 12' 57" west 40 feet to a point marked by a set pin; THENCE north 76' 33' 05" east 60.71 feet to a point marked by a set pin; THENCE south 22' 12' 57" east 40 feet to a point marked by a set pin; THENCE on a curve to the left having a radius of 270 feet, an arc distance of 50.99 feet, a chord bearing and distance of north 64' 41' 08" east 50.92 feet to a point; THENCE north 590 16' 30" east 190.04 feet to a point marked by a set pin; THENCE south 30' 27' 45" east 30 feet to a point; THENCE north 59' 16' 30" east 251.44 feet to a point; THENCE south 30' 43' 30" east 32 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 Highway Purposes located on West Hill Drive, Town of Ithaca, Tompkins County, New York" dated January 16, 2007, 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. SUBJECT TO a utility easement granted by instrument dated May 16, 2006, from Overlook At West Hill II Housing Development Fund Corporation and recorded in the Tompkins County Clerk's Office on June 21, 2006 as Instrument No.: 492396-011. 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.