HomeMy WebLinkAbout036896-001119Ek 584 302
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GRANT OF RESTRICTIVE COVENANT
MADE as of the $4�1 day of . IrcA , 19 81 by LAWRENCE IACOVELLI
and TRINNA IACOVELLI, husband and wife, jointly and severally, bot?i
, 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 the real property on
'the northerly side of Kendall Avenue in scid Town of Ithaca desig-
nated as Ithaca Land Company Lots 206, 207 and 208, each such lot
.;being 50 feet wide and 120 feet deep and having a consolidated
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frontage of 150 feet on the north side of Kendb11 Avenue and a depth
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:of 120 feet northerly therefrom, for a total area of about 18,000
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'square feet, and which properties were previously designated Town
of Ithaca Tax Parcel 454-4-23 and are the premises conveyed to
Grantors by the June 21), 1976'deed from Hilker Construction Company,
!!Inc. recorded in the Tompkins County Clerk's Office in Liber 552
of Deeds at page 87;
AND WHEREAS the Grantors have constructed a dwelling on the
easterly portion of such land under Town of Ithaca Building Permit'.
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,,41964 issued in 1977 for the construction of one 2-apartment
building on these lots;
AND WHEREAS said property is situated in an R-9 Zone under the
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Town of Ithaca Zoning Ordinance as re -adopted, amended and
,current
!revised as of February 12, 1968, dwellings of no more than two-
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family size on lots no smaller than 9,000 square feet being per-
' matted in this Zone (although it is recognized that dwellings could
;be legally erected cn each 50-foot wide lot here by virtue of the
existence of this Sub division prior to the Zoning enactment);
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AND WHEREAS the Grantors have constructed their said dwelling)
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'in such manner as to permit it to be further compartmentalized into
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j4 separate apartments, and they desire to obtain authority for such
!Iconversion of the new building into such four units, and they are
:!willing to and have themselves offered to devote and dedicate the
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i'entire 1501 x 120' plot to this existing building;
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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 building thereon (167 Kendall Avenue)
Ijas a three -apartment dwelling, (and whether or not such a Variance
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!;contains restrictions and/or conditiotis), no other consideration
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I.1hk 584 PACE 303
herefor tm., r.,iven or int'�nded, the Grantors do h(reby impose
•_fpnn :,a: i rea', property in saki pr_�nizes described, viz. the Ithaca
nand Cnr-pany Lot:, 20f, 2'? and 2'�8 RESTRICTIVF. COVENA14TS to run
with the land until s,ic:h time, if ever, that the Town of Ithaca
or one of it::-, drily authorized 'Ioards or Agencies Shall by written
instr.irr nt or Order release the same, as follows:
(1) Said land shall not be subdivided, but shall remain in-
tact as part and parcel with the said dwelling now constructed
thereon.
(2) No building orimprovement other than an accessory
building or improvement permitted under the then -applicable zoning
Ordinance shall be constructed upon any other part of said premises.
(3) The existing dwelling shall not be enlarged nor made
into more apartments or dwelling units than the three permitted by
the variance, noi-.shall any such dwelling unit be occupied by more
than 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 I�I
deemed fully subject to the Town of Ithaca Zoning Ordinance rather
than any part thereof retaining any status as a pre-existing sub-
division lot.
IN WITNESS WHEREOF the Grantors have hereunto set their hands'
and seals as of the day and year first above written.
Lawrence Iacovelli
Trinna Iacovelli
All of Town of Ithaca
Old Tax Parcel 54-4-23
(Lots 206,207,2)8)
STATE OF NEW YORK
COUNTY OF TOMPKINS: S5:
�On this day of . tAl� , 1981, before me, the subscriber,
(; personally appeared LAW RENCE IACOVELLI and TRINNA IACOVELLI to
me known and known to me to be the same persons described in and
who executed the within instrument and they duly severally ac-
knowledged to me that they executed the same.
;i Notary Public
uNARO A. MAllA
Notary Punk, State of New YoFk
PA p No 4513005. TornPk:ns :r,;R
q eMpres 13xcR :i0, 1!18? I
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