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5964 - ' mi 648 nq 189
WARRANTY DEED WITH LIEN COVENANT
THIS INDENTURE made this 28th day of July, Nineteen Hundred
Eighty -Nine,
Between: ITHACA COLLEGE, an education corporation chartered by
the State of New York, whose address is Danby Road,
Ithaca, New York 14850-
party of the first part,
and the TOWN OF ITHACA, a New York Municipal Corporation,
with offices at 126 East Seneca Street, Ithaca, New
York 14850
party of the second part,
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, being Parcel "A"
as shown on the survey map entitled "BOUNDARY AND TOPOGRAPHIC MAP
PROPOSED SATELLITE FIRE STATION SOUTH HILL - DANBY ROAD," dated
August 12, 1987, revised September 9, 1987 and January 3, 1989,
by T. G. Miller & Associates, P.C., a copy of which survey map is
intended to be filed concurrently with the recording of this
deed, and being more particularly bounded and described as
follows:
BEGINNING at a point marked by a highway monument set in the
easterly or southeasterly line of Danby Road (New York State
Route 96B), which point of beginning is at the northerly or
northwesterly corner of lands reputedly of Savino Ferrara and
Patricia Ferrara (Liber 602 of Deeds at Page 597); thence North
28° 19' East (all bearings magnetic 1987) along the easterly or
southeasterly line of Danby Road a distance of 320.0 feet to a
point marked by an iron pipe; thence South 63. 46' East along the
southerly line of parcel "B" as shown on the survey map referred
to above, a distance of 211.6 feet to a point marked by an iron
pipe; thence South 28° 23' West a distance of 260.5 feet to a
point marked by an iron pipe; thence North 79° 20' West along the
northerly line of the said Ferrara premises a distance of 221.6
feet to the point or place of beginning.
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 the area shown as parcel "B" on the said survey
map, and an area extending beyond the easterly boundary line of
the premises described above to a distance of thirty (30) feet
therefrom.
ALSO TOGETHER WITH all right, title and interest of the
Grantor, if any, in and to the lands adjoining the above
described premises on the west between the north and south lines
of the said premises as extended to the west to the centerline of
Danby Road.
SUBJECT TO the following rights, provided that the exercise
of same does not interfere with or prevent the use of the
conveyed premises for the provision of fire protection and other
associated purposes as set forth herein:
Z
_ REAL ESTATE
JUL 2 8 1989
M TRANSFER TAX
TOMPKINS
COON
LNER 648 PACE 190
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, if any.
3. Easements for water transmission main and sanitary sewer J
main belonging to the Grantee, located as shown on the survey map
referred to above.
THIS CONVEYANCE IS MADE FURTHER SUBJECT TO THE FOLLOWING
RESTRICTIONS:
a. The premises herein conveyed are subject to 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.
b. In the event the subject premises cease to be used for
the purposes described in this restrictive covenant (provided
there are not at such time plans to recommence use of the
premises for the described purposes within a reasonable amount of
time), then title to the premises shall revert to and become
vested in the Grantor, its successors or assigns.
C. In the event that no such fire station is constructed
within three. (3) 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 three (3) 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.
d. Grantor, by its Board of Trustees, shall have the right,
to approve the architectural plans for the building to be
constructed on the premises and for any substantial alteration or
replacement of such building, which approval shall not be
unreasonably withheld.
e. These restrictions shall be deemed covenants 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.
BEING a portion of the premises conveyed to the Grantor
herein by deed from Roy H. Campbell and Wells S.-Campbell by
instrument dated July 6, 1949, recorded July 6, 1949, in the
Tompkins County Clerk's Office in Liber 322 of Deeds at Page 215.
TOGETHER with the appurtenances and all the estate and
rights of the party of the first part in and to said premises.
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LIBER 648 Rl E
r
TO HAVE AND TO HOLD the premises herein granted unto the
party of the second part, its successors and assigns forever.
AND said party of the first part covenants as follows:
FIRST: That the party of the second part shall quietly
enjoy the said premises.
SECOND: That said party of the first part will forever
warrant the title to said premises.
THIRD: That, in Compliance with Section 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.
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: ITHACA COLLEGE
B
y:
4 ^� Thomas R. Salm
STATE OF NEW YORK ) ss.t
COUNTY OF TOMPKINS)
• On the 28th day of July, 1989, before me personally came
Thomas R. Salm, to me known, who, being by me duly sworn, did
depose and say, that he resides at Schier Road, Interlaken, New
York, that he is the Vice President for Business and
Administrative Affairs of Ithaca College, the corporation
described in and which executed the above 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 the
order of the Board of Directors of said corporation, and that he
signed his name thereto by like order.
MAR ME GELDENHLNS Notary Public
Nebry Public, State of New Yak
No./14112i
Qualified In To N*m OMMtb
Cr—Ini n Eviwe /e►. 1% it
Tompkins County, ss: �� n ' '.
Recorded on the ... h ......g".*. ' ........ Dayy of ..... I..... `+,�uu�. 19.13-L
Ak:� A7. o'c!oc C..M., In Liber .......fa.. k ....... of ................ ,�1044 C c�...—
at pogo .......,...� .1............ and examined. 4"
«.......... %.................................. Clerk
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