Supporting Documentation · Nov 10, 2024
Draft_October 2025_West Orange_HEFSP_with Appendices
8cc4336a49563e60aff1fbef6e7a71a52d9114761e55ff472121fb6c568c7b40Indexed text
DEED RESTRICTION COVENANT CHILDREN’S AID AND FAMILY SERVICES, INC. Grantor, Ta COUNTY OF ESSEX Nan Grantee. Record and return-to:” Essex Gounty Division of Housing & Community Development Attn: Esther Martinez 20 Crestmont Read _ Verona, NJ07044
Legal Description ALL that certain lot, parcel or tract of land, situate and lying in the Town of Wesl Orange, County of Essex, State of New Jersey, and being more particularly described as follows: TRACT | BEGINNING at a point in the Northwesterly line of Pleasant Valley Way, said point being distant 250.52 feel Southwestwardly from the intersection of the aforesaid Northwesterly line of Pleasant Valley Way, if extended with the Northeasterly line of Mayfair Drive, if extended, and commencing thence 4) North §2°29'00"West a distance of 260.00 feet to a point; thence 2) North 35°45'00"East a dislance of 106,00 feet lo a point, thence 3} South 52°29'00"East a distance of 250.00 feet to a point in the Northwesterly line of Pleasant Valley Way; thence 4) South 35°45'00"West, along said line of Pleasant Valley Way, a distance of 185.00 feet to the point and place of BEGINNING. “ ts TRACT II BEGINNING at a point in the Northwesterly sideline of Pleasant: Valley Way, as established by deed, said point being distant 241.62 feet measured Northeasterly along tha above-mentioned sideline from the Northerly sideline of Mayfair Drive, if both siddlines are extended to an intersection; thence ang 14) North 35°45'00"East, along the said sideline of Pleasant Valley Way, 9 feet to a pointin the line of lands now or formerly of Slifkin; thence oe 2) North 52°29'00"Wesl, along the line of lands now or formerly of Stifkin, 250.00 feet to a point; thence ’ . 7 3) North 35°45'00"East, continuing along the line.of fands now or formerly of Slifkin, 105.00 feet to a point in the jine of lands now or formerly of Maynard; thence 4) North 52°29'00°West, along the line of lands now or formerly of Maynard, 47.87 feet toa point in the line of lands now or formerly of Slifkin; thence §) South 35°45'00"West, along the line of lands now or fanmerly of Slifkin, 144.00 feet ta a point; thence . 4, 6} South 52°29'00" East, 297.87 feet fo the point and place of BEGINNING. THE above two tracls taken together, are more particularly described as follows: BEGINNING at a point in the Northwesterly line of Pleasant Valley Way, distant 325.39 feet Southwesterly from the intersection formed by the said IIne of Pleasant Valley Way and the Southwesterly line of Rosemont Terrace, and running thence: fem 1) Along the Northwesterly line of Pleasant Valley Way, South 35°45'00" Wesl, 414.00
d by the said IIne of Pleasant Valley Way and the Southwesterly line of Rosemont Terrace, and running thence: fem 1) Along the Northwesterly line of Pleasant Valley Way, South 35°45'00" Wesl, 414.00 feet, thence 2) North 52°29'00" West, 297.86 feet; thence 3) North 35°45'00" East, 114.00 feet; thence 4) South 52°29'00" East, 297.86 feet to a point in the Northwesterly line of Pleasant Valley Way, which is the point and place of BEGINNING. FOR INFORMATIONAL PURPOSES ONLY: Also known as Lot 13.03 in Block 179.14 on the Town of West Orange Tax Map.
RECORDING INFORMATION SHEET ESSEX COUNTY REGISTER’S OFFICE HALL OF RECORDS , ROOM 130 465 MARTIN LUTHER KING Jr, Blvd NEWARK NJ 07102 INSTRUMENT NUMBER: 13093392 DOCUMENT TYPE : DEED Official Use Only PILE THIGPEN, REGISTER ESSEX COUNTY, NI INSTRUMENT NUMBER 13093392 RECORDED ON Ovieher 21, 2008 LPIR am BOOK 12404 PAGISS6 Return Address (for recorded documunts} ELI WALLACK LLP 89 HEADQUARTERS PLAZA SUITE 1428 MORRISTOWN NJ 07960 No. Of Pages (eveluding Siomary Sheety wh 4 13 = Recording Fee fexctuding Transfer Tax) * $70.00 Realty Transfer Tax . $1,169.00 Amount Charged (Check # 2020) $1,239.00 Monicipality -| WEST ORANGE CONSIDERATION {R) $229,900.00 te Parcel Information > } Block 135 MAIL COPY Veet 2 NO COPY — — - ENVELOPE First Pia JEANNETTE WHALEY Second Parly Name | ARC OF ESSEX COUNTY INC Additional Information (Official Use Only) ADDITIONAL STAMPINGS 2 > nit aie tr tet DO NOT REMOVE THIS PA Trretrertrrectretsrrrrercor IN COUNTY FILING RECORD ENCE, ttt tk weer eeeberres
DEED Prepared by. oz. name below signature) This Deed is made on August zx 1 , 2013 Roger A. Sérruto, Esq. BETWEEN JEANNETTE WHALEY and MARK WHALEY, married, whose address is 54 Summit Drive, Basking Ridge, New Jersey 07920, referred to as the Grantors, AND THE ARC OF ESSEX COUNTY, INC. whose address is about to be 177 Marion Drive, West Orange, New Jersey 07052, . teferred to as the Grantee. The words “Grantor” and “Grantee” shal] mean all Grantors and all Grantees listed above Transfer of Ownership. The Grantor grants .and conveys (transfers ownership of) the, property described below to the Grantee. This transfer is made for the sum of TWO HUNDRED TWENTY-NINE THOUSAND NINE HUNDRED AND 00/100'S {$225,900.00} DOLLARS------------- . The Grantor acknowledges receipt of this mohey. . Tax Map Reference (N.J.S.A. 46:15-1.1) Municipality of WEST ORANGE, Block No. 156 Lot No. 27 cot77, Account No. No property tax identification’ ‘number is available on the date of this Deed. (Check box iff applicable). Property. The property cofsists of the land and all the buildings and structures on the land in the Township of West Orange, County of ESSEX and State of NEW JERSEY. The legal description is: NN SEE LEGAL DESCRIPTION ATTACHED foe Ne BEING the same premises conveyed to Jeannette and Mark Whaley, married. by the following Deed: \ (1) Mark Whaley and Jeannette Whaley. husband and wife by deed from In Suk Seo, married and Christina Seo, unmarried, his daughter TO Mark Whaley and Jeannette Whaley, husband and wife (tenants by the entirety) as Joint Tenants with the right of survivorship with Salley Weintal, unmarried, dated September 29, 1999, recorded Octoher 7, 1999, in the Registers Office of the County of Essex, New Jersey, in Deed Book 5647, page $92. Note: Salley Weintal died on November 15, 2012. Being premises known as 177 Marion Drive, West Orange, New Jersey 07052 (2) The grantee hereunder does acknowledge that the cost of the acquisition of the property has been satisfied out of the proceeds of a certain loan from the County of Essex under the Federal HOME Program and that the premises shall be subject to the affordability requirements contained in 24 Code of Federal Regulation, Part92. The HOME-assisted units must meet the affordability requirements for not less than the applicable period ("Affordability Period"). The affordability period
will be fifteen (15) years, and will be enforced through a Developer's Written Agreement, Loan Agreement, Mortgage Agreement, Mortgage Note and Deed Restriction that runs with the land to be executed by the Borrower. The Affordability Period will not commence untit a Certificate of Occupancy (C of QO) and a project completion report has been submitted to Lender. and the Project has met the requirements for Project Completions outlined in 24 CFR 82.2, which wilt require that construction be complete; alt HOME funds have been disbursed by the County and drawn from the U.S. Treasury, the project site is fully leased up, and required compietion data has been entered in HUD's Integrated Disbursement Information System (IDIS). Borrower will notify the County when the Borrower has satisfied the requirements for completion, and submit the necessary support documentation. Upon its approval, the County will notify Borrower of the actual date of completion and the exact date of the expiration of the affordability period, which shall be calculated based on the date of completion. The Borrower shall execute an amendment to the deed or execute a corrective deed that extends the affordability restrictions of 24 CFR 92.252 to the exact date of expiration of the affordability period. The affordability period shall remain in force despite any prepayment of this Loan. Two units will be HOME-assisted and will be designated as Low HOME Rent Fixed Units throughout the affordability period. The provisions thereof may be enforced by the County of Essex by an action under the mortgage in foreclosure, Mortgage Note, Developer's Written Agreement or a period of Fifteen (15) years after the commencement of the Affordability Period, the incomes of the tenant of each unit assisted with HOME Program Funds (‘HOME Funds") shall meet the requirements of 24 CFR 92.252 and 24 CFR 92.203. Repayment of the funds will be required if the housing does not meet the affordability period, requirement. Two units will be HOME-assisted and will be designated as Low HOME Rent Fixed United throughout | the affordability period. SUBJECT to easements and restrictions of record, if any, and’such state of facts as an accurate survey may disclose. ‘ Promises by Grantor. The Grantor promises that the Grantor has done no act to encumber the property. This promise is called a “covenant a& to grantor's acts”
cts as an accurate survey may disclose. ‘ Promises by Grantor. The Grantor promises that the Grantor has done no act to encumber the property. This promise is called a “covenant a& to grantor's acts” (N.J.S.A. 46:4-6). Thig promise means that the Grantor has not allowed anyone ‘else to obtain any legal rights which affecq the property (such as by making a morgage ot allowitig a judgment to be entered against the Grantor). Signatures. The Grantor signs this Beed as of the date at the top of the first page “4 “ “ Witnessed by: Lae JEAMNETTE WHALEY ROGER A. SERRUTO MARK WHALEY STATE OF New Jersey, COUNTY OF Essex SS.: | CERTIFY that on dug. i g , 2013 Jeannette Whaley and Mark Whaley, personally came before me and stated to my satisfaction that this person (or if more than one, each person): (a) was the maker of the attached deed; (b}) executed this deed as his or her own act; and
{c) made this Deed for $229,900.00 as the full and actual consideration paid or to be paid for the transfer of title. (Such consideration is defined in N.J.S.A. 46:15-5.) Alagus. eet SUZANKE M. ONETO A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES OCTOBER 15, 2013 DEED Jeannette Whaley, and Mark Whaley, Grantors TO The ARC of Essex County, Inc,, Grantees Dated: ( Lug . a j 2013 Record and return to: _ Hill Wallack LLP 89 Headquarters Plaza ine Suite 1428 ras we) Morristown, NJ07960 N
GITREP-3 B42} State of New Jersey SELLER'S RESIDENCY CERTIFICATION/EXEMPTION {C.55, PL, 2004) SELUER(S)'INFORMATION((SeelinsiructionssPage-2)iur Names(s} veannette Whaley and Mark Whaley ‘Current Resident Address: : Street 54 Summit Drive _ ; _ — : - City, Town, Post Offica State Zip Code Basking Ridge yy o7920 Block(s} Lots} . Quaiifier 195 27 COI77 . Street Address: ~ : : ~ ~ 177 Manion Drive aN . City, Tows, Post Office ° ~ 7° Slave "Zip Code West Orange a. a oo Ns _ : 07082 Solier's Percentage of Ownership Consideration : Closing Date DID Gpd ov SELLER ASSURANCES (Chéckithe Appropriate.Box) (Boxes 2(throughd O:apply:ta'Residents/and:Nonzresidents): 1. Blam aresident taxpayer (individual, estate, of trust) of te State of New Jersey pursuant to NUJS.A. 54A:1-1 et seq. and will file a resivent gross ingore tax return and pay any applicab'e taxes on affy gain or incanie from tre cisposition of this properly. Qe Chtte veal property being sold or tracsterrcd .s used excius vely a8 my-princ.pal res:dence withi: tne meaning of section 127 of the federal Internal Reverve Code of 1986, 26U.S.C.s. 121. < Ny 3. [Jl am a mortgagor conveying the rrongaged property to amortgeyee in foreciosu’e ar in a transfer in lieu of foreciosure with no atlditional cansideration. 4. []Seher, transferor or transferee is an agency or authonty of the United States of America, an agency or authority of the State of New Jersey. the Federai National Mortgage Association, the Federal Home Loa Morigage Corporatien, the Goverarrent National Morigage Association, or a private morigage inssrance company. 5. [Sel:er is not an ind vidal. estate or (rust ad as stich not required to make a2 estimated payment pursuant to N..S.A.54A:1-1 et seq, 6. [Je total consideration for the praperty 15 $4.4406 6° fess ond as such, the seer is not requirea to make ar estimated payment pursuant to N.J.S.4, 54A:5-1-1 et seq. > 7. The gain from the sale wil sot be recognized for Feveral income tax purposes under LR.C. Section 721, 1031, 1033 or is a cemetery plot. (CIRCLE THE APPLICABLE SECTION). ff such section does not ultmate’y apply to this iravsaction, ihe seile: acknowledges the obligation to Fle a New Jersey income tax return for the year of the sale (see instructions). Do con-tike kind proparty reesived. 8. [[fTranster by an excuiityr cr administrator of a decedent 10 a cicvisee or heir
Fle a New Jersey income tax return for the year of the sale (see instructions). Do con-tike kind proparty reesived. 8. [[fTranster by an excuiityr cr administrator of a decedent 10 a cicvisee or heir ty effect distribution of the decedent's estate in accordance with the provisions ef ihe decedent's wi!l or the intestate laws of this slate. 9 Dre property being sold is subject to a shor sale inslituted by Lhe mortgagee. whereby the seller tas agreed not te ‘eceive any proceeds from the sa.c and ihe mortgagee will receive al oroceeds paying off an agrecd amount of the martgage. 10, Cthe ceed being recorded is 2 deed vated prior to the effective date of PL. 2004. c. 55 (August 1. 2004), ana was prev:ausly usvecorded SELUER(S)};DECLARATION.":: The undersigned understands that t's ceclaralias a ils contenls may be disclosed ot provided to the Now Jetsey D'vision of Taxation and that any false statemers conlained nerein rou'd be punished by ‘inc. morisoneren:. @° beth. | furthermore declare that have exarined this declaration ard, to whe dest at my knowledge and belie! irs ve, co:rect and complete. By checking Iris ox G_ | certify that se Power of Attorney Ip represent the se! has heen previously éecordac oF is 2eing recorded simmullaneously ‘lh the deed! to which ibis “ot:r 1s attached. — sfyfis Dt arherhatey Date {43 _ Date ‘Selict} Plaasy i:dkga'e it Power of Att Aorney in Fact Signature iSeler) Please “sl cate It Power of Axorsey or Aomay m Fac
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