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HomeMy WebLinkAboutAffordable Housing . . . ~ I Standard N.Y.B.T.U. Form 8009 .quitclaim Deed_Individual or Corporation i. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY " THIS INDENTURE, made the 15tl1Iayof August , nineteen'hundred and eishty-nine BETWEEN Town of Southold, a municipal cQrporation of the State of New York having offices at Main Road, Southold, N-ew York 11971. party of the first part, and North Fork Housing Alliance, Inc. 110 South Str eet Greenport, New York 11944 ~~.0'- ~ party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten dollars, lawful money of the United States. paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, 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 improvements thereon erected, situ- ate, lying and b~ing in the Town of Southold, County of Suffolk and State of New York, and acquired by Tax Deed on March 20, 1985, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on March 31, 1985} in Liber 9756, Page 53/54, and otherwise known as and by Town of Southold Sch Dist 05 N-Weinstein-Ors E-Crowley S-Connolly-Ors W-Kraus-Ano. Further, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the party of the first part by Quitclaim Deed on August 23, 1988 from the County of Suffolk, New York and recorded on April 5, 1989, in Liber 10830 page 42, 43, 44 and 45. PROVIDED, however, that the party of the second part, will be restricted in its use on the subject premises and will use said premises solely and exclusively for affordable housing purposes; all right, title and interest will revert to the party of the first part, at the sole option of the party of the first part, in the event that the party of the second part, at any time uses or attempts to use said subject premises for other than affordable housing purposes, in accord ance with the approved plan submitted by the party of the second part. The reverter clause contained herein shall apply to the grantee, or any transferee from the grantee formed pursuant to Article XIX - Affordable Home Ownership Development Program of the Private Housing Finance Law of the St ate of New York, or a not-for-profit corporation formed under ~402 of the Not-for-Profit Corporation Law for affordable housing purposes. Additionally, if anyone or more of the following occurs, the property secured by this deed shall revert as hereinbefore set forth; 1. If the party of the second part fails to construct or complete constructior of affordable housing unit or units on said property within three (3) years from August 23, 1988. 2. I f the party of the second part sells or otherwise transfers an affordable housing unit or units to a purchaser or purchasers whose total annual household " f-, 1 ,r income from all sources, is above the m~ximum income limits for non-targeted areas in the State of New York Mortgage Agency's Affordable Housing Program for Suffol k County; 3. If the party of the second part'. permits the affordable housing unit or units to be occupied by a family whose total annual income, from all sources, is above the maximum income limits for non-targeted areas of the State of New York Mortgage Agency's Affordable Housing Program for Suffolk County; 4. If the party of the second part allows the total purchase price of each affordable housing unit to exceed the sum of One Hundred Thousand Dollars ($100,000.00); 5. If the party of the second part fails to certify to the Suffolk County Department of Community Development prior to closing of title with any affordable housing grantee: a) the dates of completion and occupancy for any affordable housing unit or units constructed or re habilitated on said property; b) the total household income, from all sources, of the purchaser or purchasers of the property and his or her family;' c) the total purchase price of the affordable housing unit or units sold or otherwise transferred. It is intended and agreed that the agreements and covenants herein shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as specifically provided herein, be to the full extent permitted by law, binding for the benefit and in favor of, and enforceable by, the party of the first part. It is further understood that such agreements and covenants shall be binding only upon the party of the second part, if it be a municipality or any assignee of the party of the second part, formed under Article XIX of the Private Housing Finance Law of the St ate of New York, or any affordable housing corporation created under Article 15A and 156 of the General Municipal Law of the State of New York, or any not-for-profit corporation formed under ~402 of the Not-for-Profit Corporation Law for affordable housing purposes, respectively, only for such period as they shall have title to or an interest in or possession of the property or part thereof. " " . II . , TOGETHER with all right, title and interest, if any, of the party o[ the first part 0[, in and to any streets and roads abutting the above-described premises to the center lines";tltereof, TOGETHER with the appurtenances and all the estate and rights of the party o[ the first part in and to 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, in compliance with Section 13 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 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: ,New York STATI OF NEW YORK, COUNTY OF On the day of personally came 19 , before me to me Imown to be the individual deseribed in and who executed the foregoing instnlment, and aelmowledged that executed the same. STATE OF NEW YORK, COUNTY OF' On the 15th ' day of August, '19 89, before me personally came Francis J Murohy to me Imown, who, l:iemg by me au1Y sW'Om, did depose and say that he resides at 11ClX Wickham A venue thaMattbt~c~ NY 11952 of t e IS e Supervisor Town of Southold , the corporation deseribed 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 hIS name thereto by like order. ~~~/ <--P. -1'~ ' JUDITllT.'!ERRY q.~ Notary Public. State of NewVd ' ." No, 52.0344963 , ' Qualifiod in Suffolk County Commission Expires May 31.19!t: auttclatm lattb TITLE NO. TO ST_ FHM IF NEW YOn lUll IF TInE IIIIEIWIITEIS Distributed by " C.":""'OO T.TLB .N8Va.....NCE COMP.....NY ss: STATE OF NEW YORK, COUNTY OF On the day of personally came , before me ss: 19 to me Imown to be the individual deseribed in and who executed the foregoing instrument, and aelmowledged that executed the same. " .: SS: STATI OF NEW YORK, COUNTY OF 55: On the 'day of 19 , before me personally came the subscribing witness to the foregoing instrument, with , whom' I am personally acquainted, who, being by me duly sworn, did depOse and say that he resides at No. that he Imows to be the individual described in and who executed the foregoing instrument; that ,he, said subseribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request of CHICAGO TITLE INSURANCE COMPANY Return by Mail to P. Edward Rale 46 Newtown Lane East Hampton. NY 11937 Zip No. w U ii: ~ o t!l z 5 .. o !.l .. ~ o w '" ::> .. 2 w U ~ '" '" :;: 0- W > .. .u .I! ) ! I " '~~.' 1'-;" ( ( .> AGREEMENT, made this c9~ay of September, 1989, by and between TOWN OF SOUTHOLD, a municipal corporation with offices at Main Road, Southampton, New York, ("Town") and NORTH FORK HOUSING ALLIANCE, a not-for-profit corporation with offices at 110 South Street, Greenport, New York. The parties to this Agreement are owners of adjoining parcels of real property hereinafter described and these parcels of property have a common boundary. As a part of its affordable housing program, the Town of Southold has deeded to the North Fork Housing Alliance lands for the development of affordable housing. The real property described in this agreement does not have frontage on a public road. To render this parcel accessible, the Town wishes to grant a twenty foot (20') wide right of way to the North Fork Housing Alliance and its successors to permit access to this parcel. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration the parties agree hereto as follows: 1. The Town of Southold represents that it is the fee owner of premises identified as Suffolk County Tax Map No. 05 1000-079-06- located at the northeast corner of Liberty Lane and Colonial Road within the Town of Southold. The deed to these premises, granting title to the Town of Southold, was duly recorded in the Office of the Clerk of the County of Suffolk on " ..?, ( ( " the /4?a.ay of II/!- V I , 19A? in Liber6"7-:U page Ia.. 2. The Town of Southold hereby grants to the North Fork Housing Alliance, the owners of the parcel of realty adjoining the above-described parcel on its northern boundary which said adjacent parcel of land is designated on the Suffolk County Tax Map as number 1000-079-06-3.7, an easement for the purposes of permitting ingress and egress of persons and motor vehicles and permitting the installation of all telephone, electric, water, sewage or cable television lines either above ground or below, over a twenty foot (20') right of way, which consists of a strip of land twenty feet (20') wide and one hundred feet (100') long and running in a northerly direction and which is entirely located on the property owned by the Town of Southold described above, said right of way being more particularly described as: BEGINNING at a point along the northerly boundary of liberty lane located north 570 34' 10" west a distance of 8.16 feet from the northeasterly corner of the intersection of Colonial Road and Liberty Lane running thence along the northerly boundary of Liberty Lane north 570 34' 10" west a distance of 20 feet thence north 320 25' 50" east 100.00 feet to the lands of the North Fork Housing Alliance thence along said lands south 570 34' 10" east a distance of 20.00 feet thence south 320 25' 50" west a distance of 100.00 feet to the point or place of beginning. The grantees herein and their heirs, successors and assigns do hereby covenant and agree to pay for the costs of the maintenance and repair of the right of way on the condition that the Town of Southold refrains from any act which will impair the -2- '. . ,,' . . . ( ( .. use of the right of way as a means of ingress and egress for persons and motor vehicles and for the installation of the above-described utilities over or under the right of way and to the rear of the premises. The Town of Southold hereby covenants and agrees that it will do nothing to impair the use of said right of way and will not obstruct the common driveway nor interfere with the use of the right of way. IN WITNESS WHEREOF, the Town of Southold has duly executed this instrument the day and year first above written. TOWN OF SOUTHOLD STATE OF NEW YORK ) ) ss. COUNTY OF SUFFOLK ) C On the tPf' day of September, 1989, before me personally came Francis Murphy to me known, who, bei~g by me duly sworn, did depose and say that he reside~ at U//.;:::..K!> /rM s: 1f:ve-- , hfrr,;'"u<ICS<;"''1!L.Ad, New York, that he J.S the SupervJ.sor of the Town of Southold, the municipal 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 corporation and that he signed his named thereto by like order. hy., Supervisor / ~'~//~~ / / / / . ~ ~., Y' .' /. ~~~d';~~ Notary Public -3- f' ~~A.'~QEBAAE ~~~...vn eu.. IIlphiHov~~ . . / / . }'" .. . . " ; .. ,,,W,,. . . /'l*'~ , I < ~(j . . $4 L, '. ' '., ", '. " " Sc" '., <IS ~Ii' l'J- '''-'- AREA = 1.1214 ceres ~ ,"~ , ,0 0' ,.. ... ~\ .... ".,~ " 0) / i' ~ / S, 7'J ~ ' '0' ~,;)'r <0" f: ~O~, . ." 'S >, oJ. ' 10" I '" / ". '. 0-9~ ." · / 0 ~~(' /1:' ,~ O. , / I " " '" 1 <. '. '. .> ".. ---, , ", I". "'ID(' I (4 1-~ fJ-0l.MC~~:~ '\ ~'? ~,,~' 11'G "'. :', ~..,<t; IC""\ ~ ~ ~~t~)~ L1C NO 49668 PECO:[b',,'" ~~;( ,r-'c. {516) t6~~O~' PQBOX909 MAIN ROAD SQUTHOLD ,N Y 11971 " , \ , o .. \ , . ~ " . , Q . , o ~ .. LOT NUM8(RS,flARtc 8 RECREATION RESERVATION AREA SHOW ON NINOR SUBOIVISION MADE FOR MICHAEL WEINSTEIN ,: l o . . . ' . .. . to"''''' . " " " i " CD / , \ 0 \ . " ..~ c' ~ " , . . l .... , ' ." ~,~u . ." .:: ... . 0 . o / . ~ , . ' \ ,...... !'o ,0 ~ 0" ~ tt-Q ~ , .. l ~v . " S" 80' .., \.~...' ,.., ';~: "'I" '. +, +, '0". "o( 0, f'(( (~~ '''''I "04-; '. "> "'f'(( . "0 +.....0/ $0 "'ot It' 'V,. 0,. Ito(o ~.. ~ " .' ~. l(, "I / ELEVATIONS ARE REFERENCED 10 AN ASSUMED DATUM '> " '" , , ~ ~~ o .. c tf .. ~ './ ,0 'l' ~ / #.0 ::,j '. 8 '00 " 00 "'-. '. .. (Or- s . ,. .. . " .' . . ,. . . .. o '0<( .OClltO"S 0' "HU '1<0 C(SS~OOl' wo.... "(~(O. '''1 u~.. "Ilt 01S(hl1I0....NOOfIOAflOU.'..t,1l0..ot..UI <;I)HOLK COUNTY DEPARTMENT OF HEAL TH S[Rvl\~.[~ fOR ftPPROvAL OF r.:ONSTRUCTIQNS ON~ f DATE HS AU HO APPROVED TltE WAr( R SUP~t Y AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS OEVALOPMENT COMPLY WitH HtE STANDAfWS AND REQUIREMENTS OF THE SUFFOLK CGUNTT DEPARTMENT OF HEAL TH / I TC<;T W"f t<~. ~"O"" "-".1)... . ~ .' f , .' 'A~"" .c.... l'cf 'All '''I' ".., '~"I~'''H t~~~.. ..;o;-;-~- f~ 1~...U ....D ~.cl ....,... : C"A"H 10 I ~I'" Co..'1S1 1.0"0 ,," J" .. '0 8 ..#{( ...... (0.,. '''c1 ~ '. J '" ,.t' o .., ~ Q PROP RO W AREA = 2,000 Sq.FI Q ~ ~ " " ~~ ~' ~ (Or- .. '>. " ", ! "-. , ,............, .('''0 >" ".HR'''h.' .hl)"..CO.....( fO'lI"'(0..5' '."0 l____ '110'1 SURVEY OF PROPERT AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY,~' 1000 079 06 SCALE I" 50' ocr 26,/988 APR. 7,1989 88 - 627 .' .. THOMAS A. TWOMEY. JR. STEPHEN B. LATHAM JOHN F. SHEA, III CHRISTOPHER O. KELLEY LAWRENCE M. STORM. MAUREEN T. UCCIONE DAVID M. DUBIN ~ P. EOWARD REALE PETeR M. MOTT t TWOMEY, LATHAM, SHEA & ATTORNEYS AT LAW 33 WEST SECOND STREET P.O. BOX 398 RIVERHEAD, NEW YORK 11901 K~LLr 2-G I iff;; 516-727.2180 TELEFAX: 518-727-1767 f. ". . ~-; i i I '1 II! U)r ,- I", .. .'i:"! LJ l. i ! ; "- TO\~Ji\l ArT~~.~_Tti MAIN STREET "O'.i,\;,N O;'E~~rn~~PTON. N.Y. "937 ~~~'6.324-'200 .-....._.....& .....,." -"."-""',..-. @ ~ Ii '0 I~ 9 iCe? ,'-'.....4-. USA C. KOMBRINK MARY C. CRONIN JOAN C. HATFIELDc MICHAEL A. SIRIGNANO May 21, 1992 . NY.CT....L.....AII ~!'lv...I...........!IO. t NY .. MD BARS g NY ACT BARS Matthew G. Kiernan, Esq. Deputy Town Attorney Town of Southold 53095 Main Road PO Box 1179 Southold, New York 11971 Re: Deed of Easement to Joanne Perez Dear Matt: The above-referenced issue over the access from the public road to the property of Joanne Perez has not been resolved. I enclose my prior letter of November 21st to you regarding the Town's request for payment for the right-of-way over this lot contrary to the prior Town Board's understanding. Please let me know how the Town Board plans to proceed with respect to this property. V7:TZS:-s, P. Edward Reale PER:JML Enclosure cc: Jim MacMahon North Fork Housing Alliance. Inc. John L. Hiller, Esq. 14830 PC 42 -70 11(/'7 11 �'�y/` 300 U ® SUFFOLK COUNTY QUITCLAIM DEED THIS INDENTURE, made the �rfday of , 1988 BETWEEN the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, party of the first part, AND TOWN OF SOUTHOLD, 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, pursuant to Resolution Number 235-1988 adopted by the Suffolk County Legislature on March 29, 1988 and , thereafter, approved by the --------- Cotmty Executive on April 14, 1988, in consideration of ten DISTRICT dollars and other valuable consideration paid by the party of the 1000 second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of SECTION the • party of the second part forever, 079.00 - ALL, that certain plot , piece or parcel of land with any BLOCK ;,,, ,buildings and improvements thereon erected, situate, lying and 06.00 ,being in the Town of Southold, County of Suffolk and State of - ;;,: New,.York, and acquired by Tax Deed on March 20, 1985, from LOT ,I General L. Rains, the Deputy County Treasurer of Suffolk County 003.007 ,:n,New York, and recorded on March 31, 1985, in Liber 9756, Page --------- I.. . 5A, and otherwise known as and by Town of Southold Sch Dist 0554 N-Weinstein-Ors E-Crowley S-Connolly-Ors W-Kraus-Ano, `� • „{FURTHER,;.notwithstanding the above description, it is the �"°•. intention of this conveyance to give title only to such property •�� �A as was acquired by the County of Suffolk by Tax Deed on March 20, ; 7M 1985 from General L. Rains , the Deputy County Treasurer of Suffolk County, New York, and. recorded on March 31, 1985 in liber 9756 at Page 53/54,., i; ,PROVIDED, however, that the party of the second part, will be;-restricted in its use of the subject premises and will use said premises solely and exclusively for affordable housing purposes ; all right, title, and interest will revert to the party of the first part, at the sole option of the party of the first part , in the. event that the party of the second part, at any time uses or attempts to use said subject premises for other than affordable housing purposes, in accordance with the approved plan submitted by the party of the second part. The reverter clauses contained herein shall apply to the grantee, or any transferee from the grantee formed pursuant to Article XIX - Affordable Home Ownership Development Program of the Private Housing Finance Law of the State ,of New York, or a not-for-profit corporation formed under §402 of the Not-for-Profit Corporation Law for affordable housing ( purposes. r Additionally, if any one or more of the following occurs, the property secured by this deed shall revert as he rejyibefore set forth 1: If the party of the second part fails to construct or complete construction of affordable housing unit or units on said property within three (3) years from the date of this deed; RECEIVED $ 9�L- _ 300 8 RFei ESTATE ' 1ULIME A. 81MSEUA 5 1989 RECORDED APR 5 1989 RaK OF$UFFOLK COU,f ' TAX SUFFOLK MUNTv