FILED: NEW YORK COUNTY CLERK 12/15/ :54 PM

Transcription

1 Rosenthal Affidavit Exhibit 1

2 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 EA6B3 RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 8 Document ID: Document Date: Preparation Date: Document Type: DEED Document Page Count: 7 PRESENTER: RETURN TO: AIDEN ABSTRACT AIDEN ABSTRACT 415 MADISON AVE. 415 MADISON AVE AD-1368-NY AD-1368-NY NEW YORK, NY NEW YORK, NY TARA@AIDENABSTRACT.COM TARA@AIDENABSTRACT.COM PROPERTY DATA Borough Block Lot Unit Address MANHATTAN Entire Lot 5 FRANKLIN PLACE Property Type: SINGLE RESIDENTIAL CONDO UNIT CROSS REFERENCE DATA CRFN or DocumentID or Year Reel Page or File Number GRANTOR/SELLER: BROADWAY 371, LLC C/O EL AD US HOLDING, INC., 575 MADISON AVE., 22ND FL. NEW YORK, NY PARTIES GRANTEE/BUYER: FEES AP D TAXES Mortgage : Filing Fee: Mortgage Amount:. $ 0.00 $ Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax: Exemption: $ 64, TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax: City (Additional): $ 0.00 $9, $24, = $ 34, Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE TASF: $ 0.00 F THE CITY REGISTER OF THE MTA $ 0.00 CITY OF NEW YORK NYCTA: $ 0.06 Recorded/Filed :30 Additional MRT: $ 0.00 City Register File No.(CRFN): TOTAL: $ 0.00 'lwi) Recording Fee: $ Affidavit Fee: $ Register City Official Signature

3 BROADWAY 371, LLC (" SPONSOR" ("SPONSOR") TO CONDOMINIUM UNIT DEED Franklin Place, a Condominium located at 5 Franklin Place a/k/a 371 Broadway New York, NY JT Franklin Place, a Condominium BLOCK: LOT: 1507 CITY: New York COUNTY: New York RECORD AND RETURN TO:, Gelber Law 2917 Avenue K, Suite 107 Brooklyn, NY Martin Gelber, Esq. (212) G:UtenlEararcOlirsa'iinr3 G:1RealEstare04iraglia<3 FranklinPlace(3a889)iVnir (3a889)1Vnit 3B 39 - FiveFraalrlin Franklin3B, 38,LLQS LLC13Frsnl;lin FranklinFnrnr FarmFile.cine File.rice Para Page10

4 FORM OF UNIT DEED THIS INDENTURE made the 2 day of 3if ~ UAN, 20L between Broadway 371, LLC, having an office c/o El Ad US Holding, Inc., 575 M dison Avenue, 22nd "Grantee," Floor, New York, New York 10022, "Grantor", and residing at 5 Franklin Place, #3B, New York, NYi 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 known as Unit ~ in the Building known as Franklin Place, located at 5 ~ Franklin Place a/k/a 371 Broadway, in the Borough of the Manhattan, New York County, City and State of New York and also desigriated and described as Unit in the Declaration "Property" establishing Franklin Place (hereinafter called the "Property") made by the Grantor under the Condominium Act of the State of New York, as amended (Article 9-B of the Real Property Law of the State of New York), dated April 20, 2015, and recorded in the New York County Office of the Register of the City of New York, on the 21st day of May, 2015, in CRFN "Declaration" (hereinafter called the "Declaration"), whichynit is also designated as Block No. 175, Tax Lot Plans" No on the Floor Plans and Site Plah (the "Floor Plans") of the Building, certified by ODA, Office for Design & Architecture, P.C., Architects, which Floor Plans also set forth storage room number SR-1 located on the floor of the Building and which is part of the Unit. The Floor Plans are filed in the Real Property Assessment Department of the City of New York on the 18th day of May, 2015, as Condominium : Plan No and filed simultaneously with said Declaration in the said Office of the Register of the City of New York, New York County, in "Unit" CRFN , Map No (hereinafter called the "Unit"), The land area of the Property is described as follows: Parcel I ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Broadway, distant 50 feet northerly from the northwesterly corner of Franklin Street arid Broadway; RUNNING THENCE westerly on an interior angle of 92 degrees 00 minutes 20 seconds, 150 feet 2-3/4 inches to a private road known as Franklin Alley or Franklin Place; THENCE northerly on an interior angle of 87 degrees 56 minutes 00 seconds along Franklin Alley, 50 feet 2-3/4 inches to the southerly side of Tax Lot 29; GARonlsstateWiragkn)5 FranklinPiano(3dg$9)'ink3B~ FiveFrnnklia3B,LLUrrSirranklinVorntFile.doo Pagell

5 THENCE easterly on an interior angle of 91 degrees 57 minutes 50 seconds along a line parallel with Franklin Street, through a party wall, 150 feet 2 inches to the westerly side of Broadway; and 'CJ' THENCE southerly along the westerly side of Broadway, 49 feet 11-1/2 inches to the point or place of BEGINNING. TOGETHER WITH the benefits of a negative covenant and a negative easement for light and air in favor of the hereinabove described premises as set forth, limited and defined in a Zoning Lot Development Agreement dated as of September 1, 1988, recorded October 6, 1988 in Reel 1474 page 2230 and reindexed February 1, 1991 in Reel 1760 page 974, which Agreement burdens premises adjacent on the north designated on the tax map as Lot 29 and more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Broadway, distant 50 feet southerly from the southwesterly corner of Broadway and White Street; RUNNING THENCE westerly and parallel or nearly so with White Street, 150 feet 1-1/4 inches to Franklin Place Alley; THENCE southerly along the said northerly side of Franklin Place, 49 feet 5-1/4 inches; THENCE easterly and parallel or nearly so with White Street, 150 feet 2 inches to the westerly side of Broadway; and THENCE northerly along the said westerly side of Broadway, 49 feet 10-1/4 inches to the point or place of BEGINNING. ALSO TOGETHER WITH the perpetual easement for air and light over and above the existing improvements on Lot 29 and the right to construct a portion of the subject building as set forth in Reel 1474 page ALSO TOGETHER WITH a non-exclusive easement for pedestrian and vehicular access to and from the above described premises across Franklin Place or Alley to Franklin Street and/or White Street. Being part of the same premises conveyed to the party of the first part herein by deed dated July 23, 2012 recorded August 20, 2012 as CRFN Parcel II (Franklin Place a/k/a Franklin Alley) ALSO TOGETHER WITH the right, title dnd and interest of the Grantor, if any, in and to that certain plot, piece or parcel of land in the street in front of and adjoining Parcel I described above,. situate, lying and being in the Borough of Manhattan, City, County and State of New York, G:RcnlEarnrcQAirnslinV FranklinPlace(34$89)lUnir 38- FibreFranklin3li, ULQ3FmnklinFormFilo.doc Page12

6 bounded and described as follows: BEGINNING at a point distant 50 feet along the easterly side of Franklin Place or Alley from the intersection of the northerly side of Franklin Street and the easterly side of Franklin Place of Alley; RUNNING THENCE 50 feet 2-3/4 inches along the easterly side of Franklin Alley or Place, said line being also the dividing line between Franklin Place or Alley and Old Lots 31 and 32 on former Tax Maps of the City of New York; RUNNING THENCE westerly on an exterior angle of 90 degrees 00 minutes 00 seconds, feet, more or less, to the center line of Franklin Place or Alley, said line being a westerly extension of the northerly line of Old Lot 31 on former Tax Maps for the City of New York; RUNNING THENCE southerly along the center line of Franklin Place or Alley, 50 feet 2-2/4 inches to a point being a westerly extension of the southerly line of Old Lot 32 on former Tax Maps for the City of New York; and RUNNING THENCE easterly along said westerly extension of Old Lot 32 on an interior angle of 87 degrees 56 minutes 00 seconds, feet, more or less, to the easterly side of Franklin Place or Alley and the point and place of BEGINNING. BEING a portion of the premises conveyed to the Declarant by quit-claim deed dated July 23, 2012 and recorded August 20, 2012 as CRFN SAID PREMISES consisting of Parcels I and II to be known as and by the street number 5 Franklin Place a/k/a 371 Broadway, New York, NY. TOGETHER with all right, title and interest, if any, to any interior strips or gores adjoining the above described premises on any sides thereof. TOGETHER with an undivided percent interest in the common elements of the Property Elements" 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 the construction or rehabilitation of the Building, or which may come into existence hereafter as a result of settling of the Building, or as a result of repair or restoration of the Building, or the Unit, after damage by fire or other casualty, or after 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; Gottealgttata&tiragliaVFranklinPlace(34$89)tUnit gb - FiveFranklin38, LLCUFranklinFormFgettae Page13

7 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; 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 the construction or rehabilitation of the Building, or which may come into existence hereafter as a result of settling of the Building, or as a result of repair or restoration of the Building or any adjoining Unit or of the Common Elements, after damage, 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. Each Unit shall be subject to the aforesaid easements in favor of all other Units. In addition, each Unit shall have, and shall be subject to, easements of subjacent support and necessity in favor of such Unit or in favor of other Units and the Common Elements; 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; TOGETHER with and SUBJECT TO EASEMENTS, rights of way, restrictions and encumbrances created by the Declaration for Franklin Place recorded in the New York County Office of the Register of the City of New York on the 21st day of May, 2015 as CRFN SUBJECT to the provisions of the Decla ation, 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 New York County Office of the Register of the City of New York, 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; AND the Grantor covenants that the Grantor has not done or suffered anything whereby the said premises have been encumbered in any way whatsoever, except as aforesaid; this deed was authorized at a duly called meeting of the members of Grantor; TO HAVE AND TO HOLD the same unto the Grantee, and the heirs or successors and assigns of the Grantee, forever. 0:%calEanncihiieagliak3 FtanklinPlace(34889)EUnii 3l3- FiveFranklin3i3,Ll.03 FranklinFormFile,doc Page14

8 The Unit is intended to, and, subject to and by the terms of the Declaration, is to be used as a (Residential) (-GemmereieB Unit. 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 improvement 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 Grantee accepts and ratified the provisions of the Declaration and the By-Laws and the Rules and Regulations of the Condominium recorded simultaneously with and as part of the Declaration and agrees to comply with all the terms and provisions thereof, as the same may be amended from time to time by instruments recorded in the office of the New York City Register, New York County. This conveyance has been made with the consent of all the members of the party of the first part entitled to vote thereon at a meeting duly called. above IN WITNESS WHEREOF, the Grantor has duly executed this deed the day and year first written. Grantor: Broadway 371, LLC By: 371 Broadway Mezz LLC By: Orly Daniell, Manager Grantee: By: If any provision of the Declaration or the By-Laws is invalid under, or would cause the Declaration or the By-Laws to be insufficient to submit the Property to, the provisions of the Condominium Act, or if any provision that is necessary to cause the Declaration and the By- Laws to be sufficient to submit the Property to the provisions of the Condominium Act is missing from the Declaration or the By-Laws, or if the Declaration and the By-Laws are insufficient to submit the Property to the provisions of the Condominium Act, the applicable provisions of clause 18 of the Declaration shall control. Q:13Iealsaiar«ai51iraslie6 FreritlirrPlace(3I%0)(Vail38- RiveFrr«i%lie313, I.l Ds Frailli«ForrriFile.«o PapeIS