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HomeMy WebLinkAboutL 10939 P 54 DISTRICT SPCTION BLOCK LOT LZ U it 17 21 20 569/ r SUFFOLK COUNTY QUITCLAIM DEED THIS INDENTURE, made the , � day of 1989 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 , C(6 � AND INCORPORATED VILLAGE OF GkEENPORT, 236 Third Street , Greenport, New York 11944, party of the second part, WITNESSETH, that the party of the first part, pursuant to Resolution Number 334-1989 adopted by the Suffolk County Legislature on April 11 , 1989 and , thereafter, approved by the County Executive on April 28, 1989, in consideration of ten DISTRICT dollars paid by the party of the second part, does hereby remise, 1001 release and quitclaim unto the party of the second part , the heirs or successors and assigns of the party of the second part SECTION forever, 002.00 ALL, that certain plot , piece or parcel of land with any BLOCK buildings and improvements thereon erected, situate, lying and 05.00 being in the Incorporated Village of Greenport, Town of Southold , County of Suffolk and State of New York, and acquired LOT by Tax Deed on March 2, 1984, from Jean H. Tuthill, the County 014.000 Treasurer of Suffolk County, New York, and recorded on March 2, 1984, in Liber 9522 , cp 9 on 10, and otherwise known as and by •Oiay•$Q the Incorporated Village of Greenport, Town of Southold, Sch 'q•�' �S Dist G10-N-Wm D Allen E-2nd St S-0 Shedrick W-A M E Zion Ch, s� ?uw FURTHER, notwithstanding the above description, it is the '•. �' intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 2, 1984 from Jean H. Tuthill, the County Treasurer of Suffolk County, New York, and recorded on March 2, 1984 in Liber 9522 at cp 9 on 10. PROVIDED, however, that the party of the second part, will be restrictedtin its use of the subject premises and will use said premises solely and exclusively for affordable housing purposes; with all right , title, and interest reverting to the party of the 1 first part, at the sole option of the party of the first part, in l � 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 `l 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 5402 of the Not-for-Profit Corporation Law for affordable housing purposes. Additionally, if any one 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 construction of affordable housing unit or units on said property within three (3) years from the date of this deed; ktCLIVC0 muxw0.Iiomr R E C O R D E D SSP ^, 15iSy a�coi a�( 2) If 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 income , from all sources , is above the maximum income limit for non-targeted areas in the State of New York Mortgage Agency' s Affordable Housing Program for Suffolk 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 , after completion of con- struction and/or rehabilitation on the subject premises , fails to use one unit of said building for housing for low and moderate income persons , at the rental not to exceed Fair Market Rent as determined by the United States Department of Housing and Urban Development; 5) 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) ; 6) If the party of the second part fails to certify to the Suffolk County Department of Community Development prior to closing of the title with any affordable housing grantee: a) the dates of completion and occupancy for any affordable housing unit or units constructed or rehabilitated on said property;. b) the total household income , from all sources , of the purchaser or purchasers of the property and his ,or her family ; and 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 State of New York, or any affordable housing corporation created under Article 15A and 15B of the General Municipal Law of the State of New York, or any not-for- profit corporation formed under 4402 of the Not-for-Profit Corporati'' 'law for affordable housing purposes , respectively, only for such period as thev shall have title to or an interest in or possession of the property or part thereof. i , , 32�s-5;j3.17 TOGETHER with all right , title and interest , if any, of the party of the first part of, 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 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. SUBJECT to all covenants , restrictions and easements of record, if any. 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. I I i I i I I i 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. y �'DI COUNTY OF SUFFOLK, NEW YORK 5`I In Presence Of: JOANCHERB COMMis Department of Real Estate STATE OF NEW YORK, COUNTY OF SUFFOLK On the a-5- day of 1989 , before me personally came Joan B. Scherb to m own, who , being by me duly sworn , did depose and say that she re ides at No . 96 C Stillwater Road , Nissequogue , NY 11780 ; that she is the Commissioner of the Department of Real Estate of the County of Suffolk, New York, the municipal corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation ; that the seal affixed to said instrument is such corporate seal ; that it was so affixed by Resolution of the Suffolk County Legislature and that she signed her name thereto by like order being Resolution 334- 1989 thereof. Notary Public BARBARA BP.ENNOS NOTARY PUBLIC,STATE OF NEW YORK SUFFIX COUNTY,NO.4782491 TERM EXA&RESS JAINNRY 31,191° QUITCLAIM DEED SUFFOLK COUNTY RECORD AND RETURN TO: TO INCORPORATED VILLAGE OF GREENPORT i ,. ; rCi.