HomeMy WebLinkAbout042955-001Fp 15830-N.V. DEED-C�acA NTV wkh LNn Cownw" 5 • 65
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Made the i II`" day of Nobember
Nineteen Hundred and Eighty-three
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ttUlttll HOUSE CRAFT BUILDERS, Inc., a corporation organized
under the laws of the State of New York and having its
principal place of business at 167 Calkins Road,
Ithaca, New York
part y of the first part, and
THE TOWN OF ITHACA, Tompkins County, State of New York,
a municipal subdivision of the State of New York, having
its offices at 126 East Seneca Street, Ithaca, N.Y.,
party of the second part,
Vhtnesstt4 that the part y of the first part, in consideration of
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--------------------One and xx/100-------- Dollar ($ 1.00 )
lawful money of the United States, and other good and valuable consideration
paid by the party of the second part, does hereby grant and release unto the
part of the second part, its successors
and assigns forever,
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
Tompkins County, New York, shown on a "MAP OF ABBEY ROAD & PENNY
LANE (SOUTH END) IN THE COMMONLAND COMMUNITY DEVELOPMENT" made by
Hunt Engineers, P.C., dated August 19, 1983, a copy of which map is
more particularly bounded and described as follows:
BEGINNING at a point in the westerly line of New York State Route
79 (Slaterville Road) 77 feet northerly along said west line from its
intersection with the north line of premises now or formerly of
Robert E. Marion and Kay Marion (See Liber 508 of Deeds at Page 566
and Liber 579 of Deeds at Page 975); thence south 830 30' 00" west
115.00 feet; thence north 381 29' 24" west 77.29 feet; thence north
260 58' 24" west 95.76 feet; thence along a curve to the left having
an arc length of 212.62 feet, a radius of 120 feet, and a chord
north 770 43' 54" west 185:88 feet to a point; thence south 51" 30'
36" west 30.06 feet; thence along a curve to the right having an arc
length of 60.54 feet, a radius of 1670.00 feet, and a chord north
46° 05' 13" west 60.53 feet to a point; thence north 51° 30' 36"
east 38.06 feet; thence along a curve to the right having an arc
length of 282.74 feet, a radius of 180.00 feet, and a chord south
83° 29' 24" east 254.56 feet to a point; thence south 38° 29' 24"
east 116.10 feet; thence north 510 09' 36" east 15.87 feet to the
westerly line of said Route 79; thence south 38° 50' 24" east 20.69
feet; thence south 380 29' 24" east 119.31 feet to the place of
beginning; being shown as "Abbey Road" on said map.
ALSO, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, Tompkins County, New York, being shown as "Penny Lane" on
'd more articularly bounded and described as follows:
sai map, p
BEGINNING at the intersection of the north line of "Abbey Road" with
the easterly line of "Penny Lane", as shown on said map; thence
along a curve to the left having an arc length of 219.95 feet, a
radius of 1670.00 feet and a chord south 48° 49' 18" east 219.79
feet to a point; thence along a curve to the right having an arc
length of 226.60 feet, a radius of 1030.00 feet and a chord south
460 17' 34" east 226.14 feet to a point; thence along a curve to the
right having an arc length of 423.52 feet, a radius of 1430.00 feet
and a chord south 310 30' 20" east 421.97 feet to a point; thence
along a fillet curve to the left, as it bends to a Cul-de-Sac,
having an arc length of 17.48 feet, a radius of 20.00 feet and a
chord south 480 03' 19" east 16.93 feet to a point; along a Cul-de-
sac to the right having a radius of 60.00 feet and an arc length of
295.94 feet, to a point; thence along a fillet curve to the left
having an arc length of 18.37 feet, a radius of 20.00 feet, and a
chord north 030 12' 25" east 17.73 feet to a point; thence along a
curve to the left having an arc length of 403.56 feet, a radius of
1370.00 feet and chord north 310 33' 05" west 402.10 feet to a
point; thence along a curve to the left having an arc length of
213.4Q feet, a radius of 970.00 feet and a chord north 460 17' 34"
west 212.97 feet to a point; thence along a curve to the right
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MER 596 PAGE 643
having an arc length of 234.70 feet; a radius of 1730.00 feet and a
chord north 48° 42' 30" west 234.52 feet to a point; thence north
510 27' 52" east, a distance of 60.38 feet to the point of beginning.
Said premises are shown as Penny Lane with a turnaround on said map.
Being a portion ofthe premises described in a deed to House
craft Builders, Inc. by Jerold Weisburd, dated April 15, 1983 and
recorded on the same date in said Clerk's Office in Liber 595 of Deed:
at Page 1049.
There is reserved an easement for an underground sewer collector
pipeline as more particularly described in Schedule 1, attached
hereto and made a part hereof. Schedule lalso refers to the grant
of an easement from the party of the first part to the Town of
Ithaca for water mains.
SUBJECT TO all rights -of -way and easements, insofar as they may
affect the premises, as follows:
1) An easement granted to New York Telephone Company, recorded
in the Office of the Tompkins Couny Clerk at Liber 174 of Deeds
at Page 463;
2) An easement granted to New York State Electric & Gas
Corporation recorded in said Clerk's Office in Liber 6 of Miscellanea
Records at Page 29;
3) Rights of the general public in and to that portion of the
premises contained within the right-of-way of Slaterville Road,
New York State Route 79;
4) An easement granted to New York State Electric & Gas
Corporation recorded in said Clerk's Office in Liber 313 of Deeds
at Page 34;
5) An easement for the construction, operation and maintenance
of a gas pipeline granted to New York State Electric & Gas Corpora-
tion and recorded in said Clerk's Office at Liber 374 of Deeds
at Page 445;
6) A right-of-way for ingress and egress granted to the City
of Ithaca from Slaterville Road to its watershed property to the
south of the subject premises, as described in a deed to the City
of Ithaca and recorded in said Clerk's Office at Liber of
Deeds at Page
7) A right-of-way and easement for the installation and
maintenance of certain utility lines granted to New York State
Electric & Gas Corporation, New York Telephone Company and
American Television and Communication Corporation by House Craft
Builders, Inc. as described in an instrument:dated May 27, 1983 and
recorded August 12, 1983 in the Office of the.Tpmpkins County Clerk
in Liber 596 of Deeds at Page 322.
Being a portion of the land conveyed to House Craft Builders, I
by Jerold Weisburd, recorded April 15, 1983 at the Tompkins County
Clerk's Office in Liber 595 of Deeds at Page 1049.
LIM 598 PAGE 644
SCHEDULE 1
Reservation of Rights and Easements for Sewer and Water Lines
Section A. Easement Reserved for Underground Sewer Line
There is hereby reserved for the benefit of HOUSE CRAFT
BUILDERS, INC. (the party of the first part) and COM40NLAND
COMMUNITY RESIDENTS' ASSOCIATION, INC., a New York Not -for -
Profit Corporation, main office at Calkins Road, Ithaca, New
York, their successors and assigns forever (herein also collectively
referred to as the Companies), the following rights and easements:
1. The permanent right to construct, operate, repair, maintain,
replace and relocate underground collector sewer main or mains,
and any valves, manholes, or any other appurtenant facilities
within a strip of land ten feet in width running northerly
across Penny Lane as shown on Map A hereinafter referred to,
and described below, in order to discharge sewage waste water
from the lands of the party of the first part shown on said
I
map into the Town of Ithaca's force sewer main on the northerly
side of Penny Lane.
2. Such pipes or mains shall be installed substantially along
the centerline of said 10 foot strips. The Companies shall
restrict the construction and the operation of the easement
to the minimum feasible width within the easement strip.
3. The Companies shall be responsible for operating and
maintaining said facilities in good structural and operating
condition so that they will at all times serve their intended
function, and they shall also be responsible for the.cost of
excavation and inspection of the facilities when reasonably
required by the Town or other public agency.
4. The premises shall be restored to the same condition as
they were in prior to any work being done to the reasonable
satisfaction of the Town.
5. The cost of construction and the performance of all the
work required to construct, operate, maintain, repair and
replace said sewer pipe facilities, and to do all other
construction and perform all work required by this section
and to carry out the purposes of this easement shall be borne
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entirely by the Companies.
6. Except as hereinafter provided for the Town of Ithaca,
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no other party shall have the right, without the written
consent of the Companies and the'Town,, to occupy, make
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installations in, or do any excavation, blasting or other
work within the easement strip. It is the intention of this
provision to prohibit longitudinal or parallel occupancies
within the easement strip but is not intended to prohibit
crossings of said easement strips or other uses so long as they
do not interfere with the operation and maintenance of or
endanger such facilities. This provision, however, is
subordinate to the paramount right and duty of the Town of
Ithaca to do whatever work and make whatever installations
within the easement strip which it deems necessary to maintain
any public street and to provide .public services. The Town
shall be liable for any damage to the sewer line facilities
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caused as a result of any work performed by the Town.
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LaR 598 PACE G45
SCHEDULE 1 (Continued)
Section A. (Continued)
7. The Companies shall be liable (a) for any damage to
the Town roads or the Town's properties caused by the
Companies and (b) they further agree to indemnify, save
and hold harmless the Town from any costs, expenses
(including reasonable attorney's fees) or any
liability for injuries to persons or property or from any
other liability caused or resulting from any act of the
companies or failure to act in doing any work or construction
under this agreement.
8. This reservation of easement is subject to the
following: No work shall be done on the road in order to
connect, construct and thereafter maintain any sewer zonnections
with the existing Town sewer main'along the northeasterly
side of Penny Lane, without first obtaining a permit to
work in the road and to construct and thereafter maintain
the sewer lateral extensions. Such permit shall be granted
in accordance with Town requirements and upon such reasonable
conditions, as the Town, in its discretion, deems appropriate,
including conditions to be performed by the Companies when-
ever the Town is doing any construction work on Penny Lane.
9. The location of the easement reserved for the Companies
is shown on a map entitled "COMMONLAND COMMUNITY DEVELOPMENT
PLAN, FINAL PLAN - EAST SECTION filed April 6, 1983 in the
Office of the Tompkins County Clerk in Valut Box VIII.
10. The above sewer line facilities are the properties
of the Companies.
Section B. Grant of Water Main Easement to Town of Ithaca
By separate instrument the party of the first part has
granted to the Town of Ithaca an easement for water mains as shown
on the map referred to in Section A. These facilities shall be
constructed by and at the expense of the party of the first part.
Thereafter, title to these facilities shall be transferred to the
Town and the Town shall operate and maintain such water main
facilities as described in the said easement.
Section C. Parties Bound
The benefits and obligations shall inure to the benefit and
shall bind the parties hereto and Commonland Community Residents'
Association, Inc., their successors and assigns. The obligations
of the party of the first part and said Residents Association
shall be joint and several.
Section D. Definitions
The words "collector sewer mains,"'Sewer lateral extension'
and "sewer connections" are used interchangeably.
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IIO 599 PAGE 646
c(Dogether with the appurtenances and all the estate and rights of the party of
the first part in and to said premises,
(Za hque ttnb to llalb the premises herein granted unto the party of the second
part, its successors and assigns forever.
.Aria said party of the first part
covenant s as follows:
First. That the party of the second part shall quietly enjoy the said premises;
Oetanb. That said party of the first part
will forever Warrant the title to said premises.
04irb. That, in Compliance with Sec. 13 of the Lien Law, the grantor will receive
the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to be applied first for the purpose of paying the cost of the improvement and will
apply the same first to the payment of the cost of the improvement before using any
part of the total of the same for any other purpose.
3n Witness 394ereaf, the party of the first part has hereunto set
hand and seal the day and year first above written.
HOUSE CRAFT BUILDERS, INC.
.3n ilresettre of
By: 'Q,4 �X- -0
ftte of New Dark SS. On this day of
Cgount1i of Nineteen Hundred and
before me, the subscriber, personally appeared
to me personally known and known to me to be the same person described in and
who executed the within Instrument, and he acknowledged
to me that he executed the same.
Notary Public
ftte of New lark � ss. On this day of
(llountq of Nineteen Hundred and
before me, the subscriber, personally appeared
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to me personally known and known to me to be the same person described in and
who executed the within Instrument, and he acknowledged
to me that he executed the same.
Notary Public
LIBER 599 PAGE 647
STATE OF NEW YORK ) ss.s
COUNTY OF TOMPKINS )
On this 1!!3day of , 1983, before me
personally came (,J«s ur , to me personally known,
who, being by me duly sworn, did depo a and sTy that he resides
in Ithaca, New York, that he is the of House Craft
Builders, Inc., the corporation descri ed herein, and who executed
the within Instrument; that he knows the seal of said corporation;
that the seal affixed to said Instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said
corporation; and that he signed his name thereto by like order.
tary �u �� 1WAL?H
sale of New York
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REAL ESTATE
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TRANISFER TAX
TOMPKINS
COUNTY
Tompkins County, ss? a�
Recorde on the Day of tei li
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