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UBER 647 PAGE W
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTORS ACTS
1
THIS INDENTURE made this y-dday of. June, Nineteen Hundred
Eighty -Nine,
• Between: CORNELL UNIVERSITY, an education corporation chartered
by the State of New York, whose address is c/o Real,
Estate Department, Box DH, Cornell University, Ithaca, C
ew York 14853
c CCIVE
party of the first part,
REAL ESTATE
d he TOWN OF ITHACA, a New York Municipal Corporation,
JUN 28 19 ith offices at 126 East Seneca Street, Ithaca, New
ork 14850 y
QD TRAN'''FFR TAX
Cq TOMPKINS party of the second part,
C01JN 1Y 1 114
WITNESSETH, that the party of the first part, in
consideration of One and 00/100 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 party of the second part, its successors and
assigns forever,
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, County of Tompkins, State of New York, and being more
particularly bounded and described as follows:
BEGINNING at a point in the centerline of the Trumansburg
Road (New York State Route 96), which point is North 70° 15' East
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(all bearings magnetic 1987) a distance of 34.2 feet from an iron
in the right of way line of the Trumansburg
pipe set westerly
Road at the intersection of said westerly right of way line with
the north line of premises reputedly of O'Neil and Boyden (Liber
603 of Deeds at Page 285) as shown on the survey map hereinafter
referred to; thence South 70. 15' West, passing through an iron
pipe at 34.2 feet, a total distance of 280.2 feet to an iron pipe
set at a fence corner; thence South 07° 10, West a distance of
39.9 feet to an iron pipe; thence North 40' 01' West a distance
of 240.9 feet to an iron pipe; thence North 44° 54' East, at
260.1 feet passing through an iron pipe set in the westerly right
of way line of Trumansburg Road, a total distance of 292.8 feet
to a point in the present centerline of Trumansburg Road; thence
southeasterly along the present centerline of Trumansburg Road a
I
distance of 337.8 feet to the point or place of beginning.
I TOGETHER WITH a right of way for ingress and egress by the
Grantee, its successors and assigns, over premises hereinafter
described, being a strip of land sixty (60) feet in width
adjoining and running parallel to the northerly line of the above
described premises, to be used in common with the Grantor, its
successors and assigns, provided, however, that the use by
parties other than the Grantee, its licensees, tenants,
successors or assigns, shall not in any manner interfere with the
use of such right of way for ingress and egress by fire,
ambulance or other emergency vehicles. Such right of way shall
include the right to improve the area of said right of way with a
driveway or roadway of sufficient width and quality, laid out in
such location within such right of way area as the Grantee, its
successors or assigns shall determine, and the right to repair,
replace, improve, alter and maintain the same. The right of way
area is more particularly bounded and described as follows:
BEGINNING at an iron pipe set in the westerly
right of way line of Trumansburg Road (New York State
Route 96) at the northeasterly corner of the premises
conveyed herein; thence South 44. 54' West along the
northerly line of the premises conveyed herein a
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11SER,.647 PALE A(;
distance of 260.1 feet to an iron pipe set at the
northwesterly corner of the premises conveyed herein;
thence North 40. 01' West (being a continuation of the
west line of the premises conveyed herein) a distance
of 60 feet to a point; thence North 440 54' East to the
westerly right of way line of Trumansburg Road (being a
course 260.1 feet more or less); thence South 40' O1'
East along the westerly right of way line of
Trumansburg Road a distance of 60 feet more or less to
the point or place of beginning.
ALSO TOGETHER WITH an easement for grading and construction
and installation of drainage improvements, if necessary for the
protection of the improvements to be located on the premises, and
the repair, replacement, improvement, alteration and maintenance
of same, over an area extending beyond the.westerly and northerly
boundary lines of the premises described above to a distance of
thirty (30) feet therefrom.
SUBJECT TO the following:
1. The rights of the public in and to that portion of the
above described premises as lies within the bounds of the public
highway.
2. Public utility rights of way and easements of record
affecting the above described premises, lying and being within
the bounds of the Trumansburg Road right of way, if any.
3. Right of way for the laying and maintaining of water
pipes within the bounds of Trumansburg Road, granted by the Grand
Lodge of the Independent Order of Odd Fellows of the State of New
York to the City of Ithaca by instrument dated August 25, 1932,
recorded June 17, 1933, in the Tompkins County Clerk's Office in
Liber 232 of Deeds at Page 252.
THIS CONVEYANCE IS MADE FURTHER SUBJECT TO A RESTRICTIVE •
COVENANT on the use of the premises herein conveyed and is
accepted by the Grantee with the restriction that the premises
shall be used by the Grantee (including a fire district formed by
the Grantee), its successors, assigns, licensees and, tenants,
only for a municipal fire station or other facility for fire
prevention, fire fighting, and other emergency rescue operations,
including but not limited to, use for storage and maintenance of
fire and rescue vehicles and equipment, administrative and
communications offices and facilities, meeting and training
rooms, temporary quarters for fire and rescue personnel, and
other uses commonly associated with such uses. This restriction
shall not be construed, however, as preventing incidental use of
the property for other public, charitable, educational or
recreational purposes, such as (without limitation) public
meetings, use as a public polling place, activities or meetings
of scouts, senior citizens, youth or other groups which the
Grantee, in its discretion, would permit to use other Town
facilities from time to time. This restriction shall be deemed a
covenant running with the land and shall be for the benefit of
and be enforceable by Grantor, its successors and assigns, in
consideration, among other things, of the gift by Grantor to
Grantee of the above described premises.. In the event the
subject premises are not used or are not used for the purposes
described in this restrictive covenant, then title to the
premises shall revert to and become vested in the Grantor, its
successors or assigns. Also in the event that no such fire
station is constructed within two (2) years from the date of this
conveyance or, in the event of a fire or other casualty by which
the improvements are destroyed to the extent that they cannot be .
used for such fire station purposes and are not rebuilt for two
(2) years from the date of the loss or destruction, then title to
the subject premises shall revert to and become vested in the
Grantor, its successors and assigns.
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LIUR 947 tr.rE 217
} The above premises are described in accordance with a survey
Z `Z map entitled "BOUNDARY AND TOPOGRAPHIC MAP PROPOSED SATELLITE
�cj/1FIRE STATION, WEST HILL SITE, TRUMANSBURG ROAD," dated August 10,
1988, revised August 31, 1988, by T.G. Miller Associates, P.C.,
J Engineers & Surveyors, a copy of which is intended to be filed
U —concurrently herewith.
BEING a potion of the premises conveyed to the Grantor
%herein by the Grand Lodge of the Independent Order of Odd Fellows
of the State of New York and the Grand Lodge Independent Order of
W
Odd Fellows Home and Orphanage of the State of New York by
instrument dated December 17, 1979, recorded December 21, 1979,
J in the Tompkins County Clerk's Office in Liber 575 of Deeds at
Page 5.
TOGETHER with the appurtenances and all the estate and
rights of the party of the first part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the
party of the second part, its successors and.assigns forever.
J AND said party of the first part covenants that it has not
h b th aid remises have been
done or suffered anything where y e s p
t encumbered in any way whatever.
\� IN WITNESS WHEREOF, the party of the first part has hereunto
caused this instrument to be executed by its duly authorized
officer on the day and year first above written.
IN PRESENCE OF: CORNELL UNIVERSITY
By:
UDITH H. VAN GORDEN
Assistant Treasurer
STATE OF NEW YORK ) ss.:
COUNTY OF TOMPKINS)
On the 9th day of June, 1989, before me personally came
JUDITH H. VAN GORDEN , to me known, who, being by me duly
sworn, did depose and say, thatxh*she resides at 414 Cayuga
Heights Road , Ithaca, New York, that Atshe is the Assistant
Treasurer of Cornell University, the corporation described
in and which executed the above instrument; that xkWshe signed
bWher name thereto by authority of the Board of Trustees of
Cornell University.
Rotary Public
VICTORIA LYNNE DEMINO
No1M► PuNo . State 7of � Y**
coIn Twokine
m"W n 111110M JWy so 1a.�i�
Tompkins Comity, ss: Dktag�► pphx191.L
Recorded on the . .................. ....... o ft7:a¢c�Q.••.
o'clock4 ..M., in Liber ....... ...............
ot pope ...........9.-.j.jF ........... and examined. •a" %�tt.C.t...
«.......:..L.....................:.... ....... Clerk