HomeMy WebLinkAbout048497-001IREER 6411
6i02
GRUNT OF RESTRICTIVE COVENANT
Made this 4th day of 5aptelbAre1985, by AM M, CASTON of
141 Kendall Avenue, Ithaca, New York, hereinafter called "Grantor";
TO THE TOWN OF ITHACA, a Municipality within the County of
Tompkins and State of New York.
WHEREAS, the Grantor is the owner of real property on the
northerly side of Kendall Avenue in said Town of Ithaca designated
as Ithaca Land Company Lots 191, 192 and 193 in said Township, and
which properties are now designated on the Town of Ithaca Tax Map a
No. 54-4-32; and
WHEREAS, the Grantor desires a Special Permit for occupancy
of a two-family dwelling, in Residence District R9, by more than
three unrelated persons, at 141 Kendall Avenue, Town of Ithaca Tax
Parcel Number 6-54-4-32 (Old Ithaca Land Company Parcel Numbers 191
192 and 193), pursuant to Article III, Section 4, Paragraph 2, Sub-
aragraph 2-b, of the Town of Ithaca Zoning Ordinance; and
WHEREAS, said appeal is hereby granted allowing and
authorizing no more than three unrelated persons in each apartment,
�•• ubject to a restrictive covenant which shall run with the land the
o other housing shall be erected on the adjoining side lots owned
ItICNA1l0 I. MIJLVEY
y the Grantor.
ATTO"TNO NOW, THEREFORE, in consideration of the premises and of the
CplllAOR AT uw
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to box BT
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LIBEP 6i1 PACE1083
grant by the Town of Ithaca Board of Zoning Appeals of a Variance ti
authorize the use of the building as a two -apartment dwelling for n,
more than six unrelated persons, no other consideration herefor
being given or intended, the Grantor does hereby impose upon said
real property in said premises described, viz., the Ithaca Land
Company Lots 191, 192 and 193 RESTRICTIVE COVENANTS to run with the
"land until such time, if ever, that the Town of Ithaca or one of -it
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i'duly authorized Boards or agencies shall by written Instrument or
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i�Order release the same as follows:
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J 1. Said land shall not be subdivided, but shall remain
1„intact as part and parcel with the said dwelling constructed
RICHARD I. MULVEY
ATTORNEY AND
COUNSELOR AT LAW
319 NORTH AURORA STREET
! ►O. Box BTT
nNACA, NEW YORK INSI
on.
2. No building or improvement other than an accessory
uilding or improvement permitted under the then -applicable Zoning
rdinance shall be constructed upon any other part of said premises
3. The proposed dwelling shall not be enlarged nor made
nto more apartments or dwelling units than the two permitted by th
ariance, nor shall any such dwelling unit be occupied by more than
he number of people permitted in such Variance except upon proper
,uthorization under the then -applicable Zoning Ordinance.
4. In any event, this entire parcel shall henceforth be
teemed fully subject to the Town of Ithaca Zoning Ordinance rather
;han any part thereof retaining any status as a pre-existing sub-
iivision lot.
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UBER �1
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WCHARD I. MLILVEY
ATTORNEY AND
GOLNWLOIR AT LAW
IRA NORTH AURORA STREET
PO sox W
ITHACA, NEW YORK IMSI
PAGE 1084
IN WITNESS WHEREOF, the Grantor has hereunto set her hand
and seal as of the day and year last above written.
ANNE M. CASTON
Town of Ithaca
Tax Parcel No. 54-4-32
STATE OF NEW YORK )
SS:
COUNTY OF TOMPKINS)
On this 4th day of Septenber,1985, before me, the sub-
scriber, personally appeared ANNE M. CASTON, to me known and
known to me to be the same person described in and who executed
the within Instrument, and she duly acknowledged to me that she
executed the same.
X
2' J ! ��11 ,q
ary Public
L*= R. ELLERY
YoI�9 P011% State of New York
No. 4755980
Ilfl In Tomp: * Ig45
arm Expires M;,
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Tompkins County, cmded on the... ....... Day oF... 4 .� .,1�....
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