FILED: NEW YORK COUNTY CLERK 08/08/2012 INDEX NO /2011 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 08/08/2012

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1 FILED: NEW YORK COUNTY CLERK 08/08/2012 INDEX NO /2011 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 08/08/2012 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of the instrument. The City Register will rely on the information provided by you on this page for purposes of indexing this instrument. The information on this page will control for indexing purposes in the event of any conflict with the rest of the document E440C RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 12 Document ID: Document Date: Preparation Date: Document Type: DEED Document Page Count: ii PRESENTER: RETURN TO: COMMONWEALTH/LAWYERS TITLE LEONARD HECHT, ESQ. RETURN TO ROOPIE RETURN TO ROOPIE 140 EAST 45TH STREET, 22ND FLOOR 1270 AVENUE OF THE AMERICAS, SUITE 214 NEW YORK, NY I NEWYORK, NY landam.comjnyo8o94om PROPERTY DATA Borough Block Lot Unit Address MANHATTAN Entire Lot 18C 15 EAST 26TH STREET Property Type: SINGLE RESIDENTIAL CONDO UNIT CROSS REFERENCE DATA CRFN or Document ID Year Page or File Number PARTIES GRANTOR/SELLER: GRANTEE/BUYER: MADISON PARK OWNER LLC IRENE RODRIGUEZ 419 PARK AVENUE SOUTH 15 EAST 26TH STREET,, UNIT 18C NEW YORK, NY NEW YORK, NY FEES AND TAXES Mortgage Filing Fee: Mortgage Amount: 0.00 $ Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax: Exemption: $ 27, TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax: City (Additional): $ 0.00 $7, $19, = $ 27, Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE TASF: 0.00 OF THE CITY REGISTER OF THE MTA: 0.00 CITY OF NEW YORK NYCTA: 0.00 Recorded/Filed :40 Additional MRT: $ 0.00 City Register File No.(CRFN): TOTAL: $ Recording Fee: $ 9 Affidavit Fee: $ 0.00 $ City Register Official Signature

2 4 DEED MADISON PARK OWNER LLC (Grantor) TO IRENE NZ&LEL (Grantee) TAX MAP DESIGNATION,Cfooci.fc SECTION: 3 BLOCK: 856 LOT: 1334 COUNTY: NEW YORK Record and Return to: Leonard Hecht, Esq. Thomas T. Hecht, PC 1270 Avenue of the Americas, Suite 214 New York, NY /002/ :1-DXC)

3 7/6 _W- DEED THIS INDENTURE made the day of between MADISON PARK OWNER LLC, a Delaware limited liability company, having an office at 419 Park Avenue South, New York, New York 10016, ("Grantor"), and Irene Rodriguez residing at 230 West 56th Street, Apt. 58D, New York, NY ("Grantee"). WITNESSETH: That the Grantor, in consideration of Ten ($10.00) Dollars and other valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, and the heirs or successors and assigns of the Grantee, forever: The unit designated as Unit No. 18C in the condominium known as FIFTEEN MADISON SQUARE NORTH (the "Condominium") comprised of the Land (as defined below) and the building known by the street number 15 East 26th Street (the "Building", and together with the Land, referred to herein as the "Property"), located in the City of New York, County of New York and State of New York, said Unit being designated and described as Unit No. 18C in that certain Declaration of Condominium made by the Grantor under the Condominium Act of the State of New York (Article 9-B of the Real Property Law of the State of New York), dated March 10, 2008, and recorded in the New York County office of the Register of the City of New York (the "City Register s Office"), on the 22nd day of April, 2008, as CRFN , as amended by that certain First Amendment to Declaration, dated May 21, 2008 and recorded in the City Register s Office on June 10, 2008 as CRFN# (as so amended, hereinafter called the "Declaration"), which Unit is also designated as Tax Lot No in Block 856 of Section 3 of the Borough of Manhattan on the Tax Map of the Real Property Assessment Department of the City of New York, and on the floor plans of the Building, certified by Daniel Goldner Architects, and filed with the Real Property Assessment Department of the City of New York on April 4, 2008 as Condominium Plan No. 1870, and also filed in the City Register s Office on April 22, 2008 as Condominium Map No (hereinafter called the "Unit "). The land area of the Condominium is described on Schedule A attached hereto and made a part hereof. TOGETHER with an undivided percent interest in the common elements of the Condominium described in said Declaration (hereinafter called the "Common Elements"); TOGETHER with an easement for the continuance of all encroachments by the Unit on any adjoining Units or Common Elements now existing as a result of construction of the Building, or which may come into existence hereafter as a result of settling or shifting of the Building, or as a result of repair or restoration of the Building or the Unit after damage or destruction by fire or other casualty, or after a taking in condemnation or eminent domain proceedings, or by reason of an alteration or repair to /002/ : 1-DXC

4 TOGETHER with an easement in common with the owners of other Units to use any pipes, wires, ducts, cables, conduits, public utility lines, and other Common Elements located in any of the other Units or elsewhere on the Property, and serving the Unit; TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to the Unit; streets; TOGETHER with a right of way through the Common Elements to the public TOGETHER with and SUBJECT to all easements of necessity in favor of the Unit or in favor of other Units or the Common Elements; SUBJECT to easements in favor of adjoining Units and in favor of the Common Elements for the continuance of all encroachments of such adjoining Units or Common Elements on the Unit, now existing as a result of construction of the Building, or which may come into existence hereafter as a result of settling or shifting of the Building, or as a result of repair or restoration of the Building or of any adjoining Unit or of the Common Elements after damage or destruction by fire or other casualty, or after a taking in condemnation or eminent domain proceedings, or by reason of an alteration or repair to the Common Elements made by or with the consent of the Board of Managers, so that any such encroachments may remain so long as the Building shall stand; SUBJECT also to an easement in favor of the other Units to use the pipes, wires, ducts, conduits, cables, public utility lines and other Common Elements located in the Unit or elsewhere on the Property and serving such other Units; SUBJECT also to the rights of other Units through the Common Elements to the public streets; SUBJECT to the provisions of the Declaration and of the By-Laws and Floor Plans of the Condominium recorded simultaneously with and as part of the Declaration, as the same may be amended from time to time by instruments recorded in the City s Register s Office, which provisions, together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in the Unit, as though such provisions were recited and stipulated at length herein; SUBJECT to the provisions of the Reciprocal Easement and Operating Agreement, recorded in the New York County Office of the Register of the City of New York on May 16, 2008 as CRFN # ; SUBJECT also to such other liens, agreements, covenants, easements, restrictions, consents and other matters of record as pertain to the Unit and/or to the Property. TO HAVE AND TO HOLD the same unto the Grantee, and the heirs or successors and assigns of the Grantee, forever /002/ :1-DXC) -2-

5 4....,. The use for which the Unit is intended is for residential purposes, except that (a) the Unit may in addition be used for any lawful home occupation (as such term is defined in the New York City Zoning Resolution), provided (i) such use does not violate zoning regulations or the Certificate of Occupancy for the Building, and (ii) the prior consent of the Board of Managers of the Condominium is obtained, or in the case of the Grantee, written notice of such use is given to the managing agent for the Condominium, and (b) if the Unit was used for non-residential purposes on the date of recording of the Declaration, it may continue to be used for non-residential purposes. The Grantor, in compliance with Section 13 of the Lien Law, covenants that the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund for the purpose of paying the cost of the improvements and will apply the same first to the payment of the cost of the improvements before using any part of the same for any other purpose. The Grantor covenants that the Grantor has not done or suffered anything whereby the premises have been encumbered in any way, except as aforesaid. This covenant is for the personal benefit of the Grantee only and cannot be assigned to or exercised by, and shall not inure to the benefit of, any other person or entity, including, but not limited to, any insurer of the Grantee s title or any successor to the Grantee s interest. This conveyance is made in the regular course of business actually conducted by the Grantor. IN WITNESS WHEREOF, the Grantor and the Grantee have duly executed this deed the day and year first above written. Grantor MADISON PARK OWNER LLC By: Madison Park Mezzanine LLC, its sole member By: Madison Park Holding LLC, its sole member By: Madison LLC, its maflin2 meml Grantee Irene D 11 L ), %, ~a By:/,/ / / e: Vitle: -, " 0 krip V.,, V t4l42/ 5I7 7 { 15790/002/ :1-DXC} - 3 -

6 I... STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) On the 5 day of Noy. in the year 2008, before me, the undersigned, a Notary Public in and for the State, personally appeared 2kf t?, \t) Q 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Notary Public NotaV P PAULINE GRANT ic state of New 1G6iO37 - Cou Cfed jan Commisso,e - On the Z4Jay of 1u10 ti in the year 2008o4 ndersigned, a Notary Public in and for the State, personally appeare Irene to me or proved to me on the basis of satisfactory evidence to te York V 0 personally known vidual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. k kd,~4~ otary Public R1NA J FALOW NOTARY PUBLIC STATE OF NEW YORK NO. QUAUFIED IN NEW YORK COU NTy COMMISS IO N EXPIRES APRIL { 15790/002/ :1-DXC) - 4 -

7 SCHEDULE A Parcel 1 - Residential Floors All that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City of New York, County of New York, State of New York, above a lower limiting horizontal plane at elevation feet, said plane being within the ceiling slab at the 8th story and the 91h floor of the building erected on the premises described herein, said elevation referring to datum used by the Department of Highways, Topographical Bureau, Borough of Manhattan, which is 2.75 feet above the National Geodetic Survey vertical datum of 1929 (United States Coast and Geodetic Survey), mean sea level, Sandy Hook, New Jersey, bounded and described as follows: Beginning at a point on the Northerly side of East 26th Street, distant 216 feet from the corner formed by the intersection of the Northerly side of East 26th Street and the Easterly side of Fifth Avenue; Running thence Northwardly parallel with Fifth Avenue and part of the way through party walls 197 feet - 6 inches to the Southerly side of East 27th Street; Thence Eastwardly along the Southerly side of East 27th Street, 84 feet to a point; Thence Southwardly parallel with Fifth Avenue and part of the way through other party walls, 197 feet 6 inches to the Northerly side of East 26th Street; Thence Westwardly along the Northerly side of East 26th Street, 84 feet to the point or place of Beginning. Parcel 2 - Elevator #1 Beginning at a point 216 feet - 0 inches East of the Easterly side of 5th Avenue and 38 feet - 1 inch North of the Northerly side of East 26th Street between a lower limiting horizontal plane at elevation feet and an upper limiting horizontal plane at elevation feet, said lower elevation being at a point within the existing slab separating the first floor from the ceiling of the cellar and said upper elevation being at a point within the existing slab separating the eighth story ceiling and the ninth floor; Running thence Eastwardly along a line parallel with the Northerly side of East 26th Street 8 feet - 11 inches to a point;, 7 feet - 11 inches to a point; Thence Westwardly along a line parallel with the Northerly side of East 26th Street 8 feet - 11 inches to a point; Thence Southwardly along a line parallel with the Easterly side of 5th Avenue and along the Westerly property line of said lot, 7 feet - 11 inches to the point or place of Beginning. { 15790/002/ :1-DXC} -1-

8 Parcel 3 - Elevator #2 Beginning at a point 300 feet - 0 inches East of the Easterly side of 5th Avenue and 38 feet - 2 inches South of the Southerly side of East 27th Street below an upper limiting horizontal plane at elevation feet, said elevation being at a point within the existing slab separating the eighth story ceiling and the ninth floor; Running thence Southwardly along a line parallel with the Easterly side of 5th Avenue and along the Easterly property line of lot, 7 feet - 3 inches to a point; Thence Westwardly along a line parallel with the Southerly side of East 27th Street 8 feet - 6 inches to a point;, 7 feet - 3 inches to a point; Thence Eastwardly along a line parallel with the Southerly side of East 27th Street 8 feet - 6 inches to the point or place of Beginning. Parcel 4 - First Floor Beginning at a point on the Northerly side of East 26th Street distant 249 feet - 10 inches East of the corner formed by the intersection of the Northerly side of East 26th Street and the Easterly side of 5th Avenue between a lower limiting horizontal plane at elevation feet and an upper limiting horizontal plane at elevation feet, said lower limiting plane being at a point within the existing slab separating the 1St floor from the ceiling of the cellar and said upper limiting plane being at a point within the existing slab separating the 1st floor ceiling from the 2nd floor; Running thence Eastwardly along the Northerly side of East 26th Street 17 feet - 1 inch to a point;, 55 feet - 7 inches to a point; Thence Westwardly along a line within a proposed wall and parallel with the Northerly side of East 26th Street 11 feet - 9 inches to a point; Thence Northwardly along a line within a proposed wall and parallel with the Easterly side of 5th Avenue 16 feet - 8 inches to a point; Thence Westwardly along a line within a proposed wall and parallel with the Northerly side of East 26th Street 24 feet - 8 inches to a point; Thence Northwardly along a line within a proposed wall and parallel with the Easterly side of 5th Avenue 2 feet -0 inches to a point; 15790/002/ :1-DXC} -2-

9 Thence Westwardly along a line, part of the way within a wall, parallel with the Northerly side of East 26th Street 8 feet - 2 inches to a point; 9 feet - 6 inches to a point; Thence Eastwardly along a line within a wall and parallel with the Northerly side of East 26th Street 4 feet - 4 inches to a point, 2 feet - 4 inches to a point; Thence Eastwardly along a line within a wall and parallel with the Easterly side of East 26th Street 10 feet - 4 inches to a point; 16 feet - 5 inches to a point; Thence Westwardly along a line within a wall and parallel with the Northerly side of East 26th Street 12 feet - 1 inch to a point; Thence Southwardly along a line parallel with the Easterly side of 5th Avenue 7 feet - 11 inches to a point; Thence Eastwardly along a line part of the way within a wall and parallel with the Northerly side of East 26th Street 24 feet - 11 inches to a point; 38 feet - 1 inch to a point in the Northerly side of East 26th Street to the point or place of Beginning. Parcel 5 - First Floor Beginning at a point 216 feet - 0 inches East of the Easterly side of 5th Avenue and 90 feet - 1 inch North of the Northerly side of East 26th Street between a lower limiting horizontal plane at elevation feet and an upper limiting horizontal plane at elevation feet (said lower limiting plane being at a point within the existing slab separating the first floor from the ceiling of the cellar, and said upper limiting plane being at a point within the existing slab separating the 1St floor ceiling from the 2nd floor); Running thence Eastwardly along a line within a wall and parallel with the Northerly side of East 26th Street 8 feet - 0 inch to a point;, 15 feet - 10 inches to a point; Thence Eastwardly along a line parallel with the Northerly side of East 26th Street 6 feet - 6 inches to a point; Thence Northwardly along a line within a proposed wall and parallel with the Easterly side of 5th Avenue 46 feet - 9 inches to a point; Thence Westwardly along a line parallel with the Northerly side of East 26th Street 14 feet - 6 inches to a point in the Westerly property line of said lot; Thence Southwardly along the Westerly property line of said lot and parallel with the Easterly side of 5th Avenue 30 feet -11 inches to the point or place of Beginning. I579O/OQ2/Ot175559:I-DXC -3-

10 4.,.... Parcel 6 First Floor Beginning at a point on the Southerly side of East 27th Street distant 216 feet - 0 inches East of the corner formed by the intersection of the Easterly side of 5th Avenue and the Southerly side of East 27th Street between a lower limiting horizontal plane at elevation feet and an upper limiting horizontal plane at elevation feet, said lower limiting plain being at a point within the existing slab separating the 1st floor from the ceiling of the cellar and said upper limiting plane being at a point within the existing slab separating the 1St floor ceiling from the 2nd floor; Running thence Southwardly along a line parallel with the Easterly side of 5th Avenue, and along the Westerly property line of said lot, 76 feet - 6 inches to a point; Thence Eastwardly along a line parallel with the Southerly side of East 27th Street, 14 feet - 6 inches to a point in a proposed wall; Thence Northwardly along a line within a proposed wall and parallel with the Easterly side of 5th Avenue 31 feet - 1 inch to a point; Thence Eastwardly along a line within a proposed wall and parallel with the Southerly side of East 27th Street 61 feet - 0 inches to a point; 7 feet - 3 inches to a point; Thence Westwardly along a line within a wall and parallel with the Southerly side of East 27th Street 7 feet - 10 inches to a point; 4 feet - 9 inches to a point; Thence Westwardly along a line within a wall and parallel with the Southerly side of East 27th Street 4 feet - 4 inches to a point; 33 feet -5 inches to a point in the Southerly side of East 27th Street; Thence Westwardly along the Southerly side of East 27th Street 63 feet - 4 inches to the point or place of Beginning /002/ :1-DXC) -4-

11 Parcel 7 - Cellar Beginning at a point on the Southerly side of East 27th Street distant 231 feet - 4 inches from the corner formed by the intersection of the Easterly side of Fifth Avenue and the Southerly side of East 27th Street, below an upper limiting horizontal plane at elevation feet; Running thence Eastwardly along the Southerly side of East 27th Street 17 feet - 11 inches to a point; Thence Southwardly along a line within a concrete block wall and parallel with the easterly side of 5th Avenue 31 feet - 8 inches to a point; Thence Eastwardly along a line within a concrete block wall and parallel with the Southerly side of East 27th Street 10 feet - 7 1/2 inches to a point within a wall; 6 feet - 7 inches to a point within a wall; Thence Westwardly along a line within a wall and parallel with the Southerly side of East 27th Street 35 feet - 11 inches to a point within a wall; 30 feet - 10 inches to a point within a wall; Thence Eastwardly along a line within a wall and parallel with the Southerly side of East 27th Street 1 foot - 5 1/2 inches to a point within a wall; 2 feet - 1 inch to a point within a wall; Thence Eastwardly along a line within a wall and parallel with the Southwardly side of East 27th Street 6 feet - 2 inches to a point within a wall; Thence Northwardly along a line parallel with the Easterly side of 5th Avenue 5 feet - 4 inches to the point or place of Beginning. Parcel 8 - Cellar Beginning at a point within a wall 59 feet - 6 inches South of the Southerly side of East 27th Street and 266 feet - 10 inches East of the Easterly side of 5th Avenue, below an upper limiting horizontal plane at elevation feet; Running thence Eastwardly along a line within a wall and parallel with the Southerly side of East 27th Street 10 feet -4 inches to a point; 4 feet -2 inches to a point; Thence Eastwardly along a line within a wall and parallel with the Southerly side of East 27th Street 6 feet -7 inches to a point;, 16 feet - 11 inches to a point; Thence Eastwardly along a line within a wall and parallel with the Southerly side of East 27th Street 2 feet - 1 inch to a point; 15790/002/ :1-DXC} -5-

12 S feet - 8 inches to a point; Thence Westwardly along a line within a wall and parallel with the Southerly side of East 27th Street 19 feet - 0 inches to a point; 28 feet - 5 inches to the point or place of Beginning. Parcel 9 - Cellar Beginning at a point 43 feet - 7 / inches south of the Southerly side of East 27th Street and 216 feet - 0 inches East of the Easterly side of 5th Avenue, below an upper limiting horizontal plane at elevation feet; Running thence Eastwardly along a line within a wall and parallel with the Southerly side of East 27th Street 45 feet - 4 inches to a point within a wall;, 10 feet - 7 inches to a point; Thence Westwardly along a line within a wall and parallel with the Southerly side of East 27th Street 14 feet - 3 inches to a point; 6 feet - 2 inches to a point; Thence Eastwardly along a line within a wall and parallel with the Southerly side of East 27th Street 14 feet - 3 inches to a point; 29 feet - 3 1/4 inches to a point; Thence Westwardly along a line within a wall and parallel with the Southerly side of East 27th Street 45 feet - 4 inches to a point on the Westerly property line of said lot; - 1/4 Thence Northwardly along the Westerly property line of said lot 46 feet inch to the point or place of Beginning. ( 15790/002/ :1 -DXC) -6-