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HomeMy WebLinkAbout064023-001I 9^SS LIBER 650 r1,:E 873 DEED OF CORRECTION THIS INDENTURE MADE the 010 day of o/ , Nineteen Hundred and Eighty - Nine Between RALPH R. VARN of 471 Midline Road, Freeville, New York 13068 and RICHARD C. VARN, of Dove Drive, Ithaca, New York 14850, as tenants in common, each holding an undivided one-half interest, parties of the first part, and TOWN OF ITHACA. 126 East Seneca Street, Ithaca, New York party of the second part WITNESSETH, that the parties of the first part, in consideration of * * * * One and no/100ths * * * Dollar ($1.00), lawful money of the United States, and other good and valuable consideration paid by the party of the second part, do hereby grant and release unto the party of the second part, its successors, administrators 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 a part of Military Lot No. 93, more particularly bounded and described as follows: BEGINNING at an old pipe set in the easterly line of Warren Road marking the southwest corner of premises conveyed by Jean Warren to Harriett B. Brittain by deed dated March 30, 1976 and recorded in the Tompkins County Clerk's Office in Liber 550 of Deeds at Page 794, thence running south 81' 35' east, passing through an iron pipe at a distance of 149.1 feet for a total distance of 249.1 feet to an iron pipe marking the southeast corner of said premises now or formerly of Brittain; thence south 81° 20' east a distance of 472.25 feet to a point; thence on a curve to the right having a radius of 60 feet an arc length distance of 314.16 feet to a point; thence north 81° 20' west a distance of 437.56 feet to a point; thence north 81° 35' west a distance of 310.71 feet to a point in the center line of Warren Road; thence north 10° 13' east along the center line of said Warren Road a distance of 60 feet to a point; thence south 81° 35' east a distance of 25.06 feet to the point or place of beginning. BEING a portion of the premises conveyed to the grantors herein by Lawrence P. Fabbroni and Elizabeth H. Fabbroni by deed dated December 20, 1985 and recorded the same date in the Tompkins County Clerk's Office in Liber 614 of Deeds at page 295; and by Deed of Correction between the same parties dated December 20, 1985, recorded June 10, 1986 in said Clerk's Office in Liber 617 of Deeds at page 611, and by further Deed of Correction between the same parties dated Oc4p-.i /`9 IfX9 , and recorded in said Clerk's Office concurrently herewith. The above described premises are more particularly set forth as a proposed street right of way and cul de sac on a survey entitled "Final Subdivision Plat, Forest Home Highlands", prepared by Clarence W. Brashear, L.S. 38194 dated December 3, 1985, revised December 6, 1985, the original of which was filed in the Tompkins County Clerk's Office on June 10, 1986 in Vault Box X-E. The above described premises are conveyed by the Grantors herein to the Grantee herein for purposes of a public street and right of way as set forth on the aforesaid Final Subdivision Plat, together with any and all underground utility services as installed within said right of way as described hereinabove. WER 650 nu 874 This Deed of Correction is made and delivered for the purpose of correcting the reference to the point of beginning of the premises as described in a Warranty Deed from the grantors herein to,. the_grantegs herein dated December 20, 1985 and recordedin the Tompkins County Clerk's Office in Book 429 of Deeds at page -616-2, and specifically to describe such point of beginning as set forth above as the southwesterly corner of premises conveyed by Jean Warren to Harriett B. Brittain by deed dated March 30, 1976 and recorded in the Tompkins County Clerk's Office in Book 550 of Deed at Page 794 rather than the southwesterly corner of premises conveyed by John P. Hertel and Martha W. Hertel to William Lambert Brittain and Harriett B. Brittain by deed dated June 18, 1954 and recorded in the Tompkins County Clerk's Office in Book 369 of Deeds at Page 116 as mistakenly set forth in the aforesaid deed from the grantors herein the grantee herein. TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, the survivor, their heirs, executors, administrators and assigns forever. AND said parties of the first part covenant as follows; FIRST, that the parties of the second part shall quietly enjoy the said premises; SECOND, that said parties of the first part will forever WARRANT the title .to said premises. THIRD, That in Compliance with Sec. 13 of the Lien Law, the grantors 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 parties of the first part have hereunto set their hands and seals the day and year first above written. IN THE PRESENCE OF _ , •—U- ........ REALFSTATE p N OV 7 1989 TRANSFER TAX TOMPKINS COUNTY STATE OF NEW YORK ss: COUNTY OF TOMP/KINS ) On this 6 . day of Nineteen Hundred and Eighty - Nine before me, the subscriber, personally appeared RALPH R. VARN and RICHARD C. VARN to me personally known nd known to me to be the same persons described in and w o executed the within instrument, and they acknowledged to a at t executed the same. Notary PubD1AY)D A. DUBOW NOTARY PUBLIC, STATE OF NEW YORK N0.4644207 QUALIFIED IN TOtAPKiNS COUNTY COMWSSION EXPIRES JANUARY 31.19 Ll •