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584 FAu 299
GRANT OF RESTRICTIVE COVENA14T
Made this $ j'day of :tAly 1981 by Lawrence Iacovelli an
Trinna Iacovelli,.husband and wife, jointly and severally, both of
165 Kendall Avenue, Ithaca, New York, hereinafter called "GRANTORS
TO THE TOWN OF ITHACA, a Municipality within the County of
Tompkins and State of New York.
WHEREAS, the Grantors are the owners of real property on the
southerly side of Kendall Avenue in said Town of Ithaca designatedl'
as Ithaca Land Company Lots 137, 138, 139, 150, and 151 and being
between Kendall Avenue and Maryland Avenue in said Township, and
which properties are now designated on the Town of Ithaca Tax Map
as #54-5-19 and are the premises conveyed to Grantors by deed of
Robert V.R. Bassett dated Play 1, 1968 and recorded May 1, 1968 in
the Tompkins. County Clerk's Office in Liber 475 of Deeds at page
127 (Ithaca Land Company lots 139 and 151); by deed of Alexander
and Lilly Pakkala dated July 6, 1964 and recorded July 8, 1964 in
the Tompkins County Clerk's Office in Liber 451 of Deeds at page
792 (Ithaca Land Company Lot 150); and by deedfof Ralph Iacovelli
dated 'Z-v1� 8 , 1981 and recorded J 1 !y 8 ,.1981, in the
Tompkins County. Clerk's Office in Liber 591 of Deeds at page//0Ey,4
I. AND WHEREAS, the Grantors desire to construct a dwelling on
these parcels;
AND WHEREAS, said property is situated in an R-9 Zone under
the current Town of Ithaca Zoning Ordinance as readopted, amended
and revised as of February 12, 1968, dwellings of no more than two
family size lots no smaller than 9,000 square feet being permitted
.in this Zone "(although it is recognized that dwellings could be
fhk 584 PACE 300
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legally erected on each of the above mentioned Ithaca Land Company
lots by virtue of the existence of this subdivision prior to the
Zoning enactment);
AND WHEREAS, the Grantors desire to obtain authority for
construction of this building to include four dwelling units and
they are willing to and have themselves offered to devote and
dedicate the five Ithaca Land Company lots mentioned above to this
proposed building;
NOW THEREFORE, in consideration of the premises and of the
grant by the Town of Ithaca Board of Zoning Appeals of a Variance
to authorize the use of the proposed building as a four apartment
dwelling, no other consideration herefor being given or intended,
the Grantors do hereby -impose upon said real property in said prem
described, viz., the Ithaca Land Company lots 137, 138, 139, 150,
and 151 RESTRICTIVE COVENANTS to run with the land until such time
if ever, that the Town of Ithaca or one of its duly authorized
Boards or agencies shall by written instrument or Order release
Ithe same as follows:
1. Said land shall not be subdivided, but shall remain in-
tact as part and parcel with the said dwelling proposed to be con-
structed thereon.
2. No building or improvement other than an accessory buildii
or improvement permitted under the then -applicable Zoning Ordinanc,
shall be constructed upon any other part of said premises.
3. The proposed dwelling shall not be enlarged nor made into
Imore apartments or dwelling units than the four permitted by the
!Variance nor shall any such dwelling unit be occupied by more than
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►eEh 564 FAGE 30
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the number of people permitted in such Variance except upon proper!
authorization under the then -applicable Zoning Ordinance.
4. In any event this entire parcel shall henceforth be deemed
fully subject to the Town of Ithaca Zoning Ordinance rather than
any part thereof retaining any status as a pre-existing subdivision
lot.
IN WITNESS WIIEREOF the Grantors have hereunto set their hands
and seals as of the day and year last above written.
Lawk-encfe Iacovelli
Trinna Iacove
Town of Ithaca -
Tax Parcel 54-5-19
STATE OF NEW YORK SS:
COUNTY OF TOMPKINS
On this $ 4'day of ti��, , 1981, before me, the subscriber,
,personally appeared Lawrence Iacovelli and Trinna Iacovelli to me
known and known to me to be the same persons described in and who
lexecuted the within Instrument and they duly severally acknowl
Ito me that they executed the same.
Notary Public
EDWARD A. MAllA
NrRxY Pi ic. State of NEW York
(fig. No. 4523J0G, 1omp,�uu UAty
(bmn. expires March 30, 19a2
lompk�ns County, ss:
Recorded on the...... �.�........ Day ol..u� .....19.��.....at
odock AA, in Tiber ..'58.4:........... ut ... 3 . Pe9 ......j(: � ............... and
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