HomeMy WebLinkAboutL 10939 P 54 DISTRICT SPCTION BLOCK LOT
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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,
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?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;
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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.
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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.
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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
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