HomeMy WebLinkAbout054750-001P 627 iA�.E W 420,1
GRANT OF RESTRICTIVE COVENANT
Made this a71"A1 day of ''uhlc , 1987, by Wayne C. Bortz,
of 106 West Jay Street, 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
southwesterly side of Slaterville Road in said Town of Ithaca
designated as 1513 Slaterville Road, and which properties are
now designated on the Town of Ithaca Tax Map as #58-1-32.1;
AND WHEREAS, the Grantor has a dwelling on these parcels;
AND WHEREAS, said property is situated in an R-15 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 and lots no smaller than 15,000 squar
feet being permitted in this Zone;
AND WHEREAS, the Grantor desires to obtain authority for
occupancy of the building to include two dwelling units, and ha!
himself offered to devote the entire tax parcel 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
Special Permit to authorize the use of the building as a two
apartment dwelling, no other consideration herefor being given
or intended, the Grantor does hereby impose upon said real
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property,in said premises described, viz., 1513 Slaterville
Road, Town of Ithaca Tax Parcel No. 58-1-32.1 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 thereon.
2. No building other than an accessory building 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 two permitted b�
the Variance nor shall any such dwelling unit be occupied by
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more than three unrelated persons unless authorized by a new
variance by the Board of Zoning Appeals or unless the Town of
Ithaca Zoning Ordinance is amended by the Town Board to
specifically permit occupancy by a greater number of unrelated
persons.
4. Except as specifically modified by the variance and
this Grant this entire parcel shall continue to be fully subject
to the Town of Ithaca Zoning Ordinance.
5. The owner agrees to designate a contact person for each
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unit to be placed on file in the Town Office at the commencement
of the lease term.
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6. The owner agrees that any lease for these premises wil)
contain a provision obligating the tenants to refrain from
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making excess noise on these premises. I
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7. The southwesterly portion of these premises are to
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remain undeveloped, said portion being described as: All of the
above mentioned parcel of land, which is southwesterly of a line
running parallel with the center line of Slaterville Road and
420' therefrom. Nothing contained herein authorizes any further
development of the northeast portion of the premises except as
specifically permitted by this Grant.
IN WITNESS WHEREOF the Grantor has hereunto set his hand
and seal as of the day and year last above written.
Town fo Ithaca
Tax Parcel 58-1-32.1
STATE OF NEW YORK )
COUNTY OF TOMPKINS) SS:
On this ,?7"' day of J u w 1; , 1987, before me, the
subscriber, personally appeared WAYNE C. BORTZ to me known and
known to me to be the same person described in and who executed
the within instrument and he duly acknowledged to me that he
executed the same.
RECE11 EU
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RE11 ESTATE
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J U N 2 4 1987
T;,A7 FF 2 TAX
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COUNTY
otary Public
EDWAM k W.Z7A
Comm. u ic, state of Net, York
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Tomplkins County, ss:
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