HomeMy WebLinkAbout049115-001LIBER si3
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588
GRANT OF RESTRICTIVE COVENANT
8020
Made this day of 1985, by James Iacovelli
and Antoinette M. Iacovelli both of 148 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 Pennsylvania Avenue in said Town of Ithaca
designated as Ithaca Land Company Lots 126, 127, 129, 159, 160
and 161, and which properties are now designated on the Town of
Ithaca Tax Map as #54-5-40, 54-5-10, a portion of 54-4-12 and a
portion of 54-5-38.
AND WHEREAS, the Grantor desires 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 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 Grantor desires to obtain authority for
construction of two buildings each to include two dwelling
units, and each unit to contain four bedrooms for occupancy by
no more than four unrelated persons in each dwelling unit. He
is willing to and has himself offered to devote and dedicate the
six Ithaca Land Company lots mentioned above to this proposed
building.
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LIBER M PAGE 589
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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 Permit
to authorize the use of the two proposed buildings each
containing two dwelling units as aforesaid, 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 126, 127, 129,
159, 160 and 161 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 the same as follows:
1. Said land shall not be subdivided, but shall remain
intact as part and parcel with the said dwelling proposed to be
constructed thereon.
2. No building or improvement 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 proposed dwelling shall not be enlarged nor made
into more apartments or dwelling units than the four permitted
by the Permit nor shall any such dwelling unit be occupied by
more than the number of people permitted in such Permit except
upon proper authorization under the then -applicable Zoning
Ordinance.
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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 WHEREOF the Grantors have hereunto set their
hands and seals as of the day and year last above written.
(,ZAMES IACOVELLI
ANTOINETTE M. IACOVELLI
Town of Ithaca
Tax Parcel 54-4-40, 54-4-10, portion of 54-5-12
and a portion of 54-5-38
STATE OF NEW YORK )
COUNTY OF TOMPKINS SS:
On this 9-6 day of Noue► here - , 1985, before me, the
subscriber, personally appeared JAMES IACOVELLI and ANTOINETTE
M. IACOVELLI to me known and known to me to be the same persons
described in and who executed the within Instrument and they
duly acknowledged to me that they executed the same.
Notary Public
EDWARD A. MAIIA
Notary Pudic, State of New York
Reg No. 4523006, Tompkins County
Comm, expires March 30, 198.fo
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