HomeMy WebLinkAbout064337-001t19fR 651 a(E G14
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WARRANTY DEED
WITH LIEN COVENANT
THIS INDENTURE made this 24�day of September,
"�• RE8EIViD
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REAL ESTATE
p� DEC 15 1989
TRAN3FF,1-I ;:
r,y TOMPKINS
COUNTY
1989,
Between: FRANCIS J. PAOLANGELI, of 125 Ridgecrest Road, Ithaca,
New York, 14850,
party of the first part
and THE TOWN OF ITHACA, a New York Municipal Corporation,
with principal office 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 THOSE TRACTS OR PARCELS OF LAND situate in Town of
Ithaca, County of Tompkins, State of New York, and being more
particularly bounded and described on Schedule "AN annexed hereto
and made a part hereof.
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.
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
set his hand and seal the day and year first above written.
IN PRESENCE OF:
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Francis JP Paolangeli
STATE OF NEW YORK )ss.:
COUNTY OF TOMPKINS )
On this 2 G day of September, 1989, before me the
subscriber personally appeared Francis J. Paolangeli, to me known
and known to me to be the same person described in and who
executed the within instrument and h�71y•ack edged to me
that he executed the same. //
Notary Public
DAVID A. DUBOW
NOTARY PUBIC, STATE OF NEW YORK
NO.4644207
QUALIFIED IN TOMI-KINS COUNTY Od
COMMISSION EXPIRES JANUARY 31,19
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LIBEH 651 Dil 61.5
SCHEDULE A
ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Town of
Ithaca, County of Tompkins and State of New York, more
particularly shown on the "WINNER'S CIRCLE SUBDIVISION FINAL
PLAT," by T. G. Miller's Associates, P.C., Engineers & Surveyors,
dated February 7, 1989, as amended March 2, 1989, March 9, 1989,
and June 21, 1989, and as so amended filed in the Tompkins County
Clerk's Office concurrently with the recording of this deed,
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being more particularly bounded and described as follows:
PARCEL I - DESCRIPTION OF WINNER'S CIRCLE
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y
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BEGINNING at a point marked by an iron pipe set in the
westerly right-of-way line of Slaterville Road (N.Y.S. Route 79),
1 S
which point of beginning is located South 34° 01' East (all
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bearings magnetic 1988) a distance of 15.0 feet from an iron pipe
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set at the intersection of the westerly right-of-way line of
Slaterville Road with the southerly property line of premises
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reputedly of Poetzsch, the point of beginning being at the
southeasterly corner of Parcel II (the "East Walkway") of this
deed; thence South 54° 29' West, a distance of 52.3 feet to an
iron pipe; thence westerly on a curve to the right with a radius
of 100 feet, an arc distance of 22.3 feet, a chord bearing North
63° 36' West, a chord distance of 22.2 feet to an iron pipe;
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thence South 72° 44' West, a distance of 185.6 feet to an iron
pipe; thence westerly on a curve to the right with radius of 100A.Q)
feet, an arc distance of 46.7 feet, a chord bearing North 88° 10'
West, a chord distance of 45.8 feet to a pipe set in the
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southwest corner of Lot 6 of said Winner's Circle subdivision;
thence northwesterly on a curve to the right with radius of 100
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feet, an arc distance of 41.6 feet, a chord bearing North 52° 03'
West, a chord distance of 41.0 feet to an iron pipe; thence North
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35° 02' West, a distance of 57.0 feet to a iron pipe set at the
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southeasterly edge of a cul-de-sac; thence on a curve to the left
with radius of 50 feet, passing through iron pipes at arc
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distances of 70.9 feet (being at the southeasterly corner of Lot
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5) and 171.3 feet (being at the northeasterly corner of Lot 4), a
total distance of 249.8 f::et to a pipe set at the southwesterly
end of said cul-de-sac, being in the easterly line of Lot 4 as
shown on said subdivision map; thence South 35° 02' East a
distance of 57.0 feet to a pipe; thence southeasterly on a curve
to the left with radius of 160 feet, an arc distance of 17.4
feet, a chord bearing South 38° 53' East, a chord distance of
17.4 feet to an iron pipe; thence southeasterly on a curve to the
left with a radius of 160 feet, an arc distance of 15.1 feet, a
chord bearing South 46° 04' East, a chord distance of 15.1 feet
to an iron pipe set at the southeasterly corner of Lot 4; thence
continuing southeasterly on a curve to the left with a radius of
160 feet, an arc distance of 15.5 feet, a chord bearing South 52,
49' East, a chord distance of 15.5 feet to an iron pipe set at
the northernmost corner of Lot 3; thence continuing southeasterly
on a curve to the left with radius of 160 feet, an arc distance
of 77.5 feet, a chord bearing South 730 19' East, a chord
distance of 76.4 feet to an iron pipe set at the northwesterly
corner of Lot 2; thence continuing easterly on a curve to the
left with radius of 160 feet, an arc distance of 38.3 feet, a
chord bearing North 810 10' East, a chord distance of 38.1 feet
to an iron pipe; thence North 72' 44' East, a distance of 79.4
feet to an iron pipe set at the northwesterly corner of Lot 1;
thence continuing North 72° 44' East a distance of 179.4 feet to
an iron pipe; thence North 33. 57' West a distance of 20.3 feet
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to a monument; thence North 56° 30' East a distance of 21.4 feet
to a point in the westerly right of way line of Slaterville Road,
which point is opposite a highway monument; thence North 34. 01'
West along the westerly right of way line of Slaterville Road a
distance of 56.9 feet to the point of place of beginning.
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IIBER 651 PAGE G i6
TOGETHER WITH all right title and interest of the grantor in
and to any water and sanitary and storm sewer lines located
within the bounds of the premises conveyed.
TOGETHER WITH the right of the Grantor to the reversion or
reconveyance by the State of New York of drainage easement rights
over a portion of the premises conveyed herein as shown on said
map, it being the intent of the parties that only that portion of
the above -described premises as lies within the bounds of the
area noted as "Drainage Easement to Revert to Paolangeli" on said
map shall be included in this conveyance of reversion rights, and
that no further conveyance be required of Grantor to Grantee to
effectuate the transfer of these rights to Grantee upon release
or reconveyance of same by the State of New York.
SUBJECT TO the right of the public and the State of New York
in and to that portion of the above described premises which lies
within the bounds of the Slaterville Road (N.Y.S. Route 79) right
of way.
ALSO, SUBJECT TO the following insofar as they affect the
above described premises:
1. Notice of Appropriation by New York State Department of
Transportation, Real Property Division, by instrument dated
February 14, 1985, File No. 1271, recorded February 14, 1985 in
the Tompkins County Clerk's Office in Liber 607 of Deeds at page
60.
2. Notice of Appropriation by New York State Department of
Transportation, Real Property Division, by instrument dated
February 14, 1985, File No. 1271, recorded August 29, 1985 in
said Clerk's Offi.;e in Liber 611 of Deeds at page 868.
BEING a portion of the premises conveyed to the Grantor
herein by two deeds as follows: (1) Deed from Sheldon Stone and
Kathleen Stone to Francis J. Paolangeli dated October 17, 1988,
recorded October 17, 1988 in the Tompkins County Clerk's Office
in Liber 641 of Deeds at Page 32; and (2) Deed from Mario Guidi
and Margaret M. Guidi to Francis J. Paolangeli dated October 31,
1988, recorded October 31, 1988 in the Tompkins County Clerk's
Office in Liber 641 of Deeds at Page 505.
The above -described premises are conveyed to the Grantee
herein for highway purposes.
PARCEL II - DESCRIPTION OF EAST WALKWAY
BEGINNING at a point marked by an iron pipe set, in the
westerly right of way line of Slaterville Road (N.Y.S. Route 79)
at the intersection of the southerly line of premises reputedly
of Poetzsch with the westerly right of way line of Slaterville
Road (N.Y.S. Route 79); thence South 544 29' West (all bearings
magnetic 1988) a distance of 61.5 feet to an iron pipe; thence
South 72° 44' West a distance of 127 feet to an iron pipe set at
the southwesterly corner of said Poetzsch premises, being also
the southeasterly corner of Lot 6 of the said Winner's Circle
Subdivision; continuing thence South 72' 44' West along the
southerly line of Lot 6 as shown on said subdivision map, a
distance of 110.8 feet to an iron pipe set in the northerly line
of Winner's Circle as shown on said subdivision map; thence
southeasterly on a curve to the left with a radius of 100 feet,
an arc distance of 46.7 feet, a chord bearing South 88" 10' East,
a chord distance of 45.8 feet to a pipe; thence North 72` 44'
East along the northerly line of Winner's Circle a distance of
185.6 feet to a pipe; thence easterly on a curve to the left
along the northerly line of Winner's Circle having a radius of
100 feet, an arc distance of 22.3 feet, a chord bearing South 63°
36' East, a chord distance of 22.2 feet to an iron pipe; thence
North 540 29' East along the northerly line of Winner's Circle a
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LIBIR 651 FA,.E 60
distance of 52.3 feet to an iron pipe set in the westerly right
of way line of Slaterville Road; thence North 34' 01' West along
the westerly right of way line of Slaterville Road, a distance of
15.O feet to the point or place of beginning.
TOGETHER WITH all right, title and interest of the grantor
in and to any underground utility lines for water or sanatory or
storm sewer located within the bounds of the above described
premises.
BEING the parcel identified as the "'Proposed 15' Wide Strip
to Town of Ithaca for Open Space/Walkway (4,310 s.f.)O lying east
of Winner's Circle, as shown on the subdivision map referred to
above.
BEING a portion of the premises conveyed to the Grantor
herein by deed from Mario Guidi and Margaret M. Guidi to Francis
J. Paolangeli dated October 31, 1988, recorded October 31, 1988
in the Tompkins County Clerk's Office in Liber 641 of Deeds at
Page 505.
PARCEL III - DESCRIPTION OF WEST WALKWAY
BEGINNING at an iron pipe set at the southwesterly corner of
premises conveyed to Frar_cis J. Paolangeli by deed from Mario
Guidi and Margaret M. Guidi dated October 31, 1988 and recorded
the same day in the Tompkins County Clerk's Office in Liber 641
of Deeds at page 505; thence North 64' 42' East (all bearings
magnetic 1988) along the southerly line of said Paolangeli
premises a distance of 15.2 feet to an iron pipe set at the
southwesterly corner of Lot 3 of the Winner's Circle Subdivision,
as shown on the subdivision map above referred to; thence North
35° 33' West along the westerly line of said Lot 3, a distance of
160.4 feet to an iron pipe; thence on a curve to the right with a
radius of 20 feet, an arc distance of 30.4 feet, a chord bearing
North 08' 05' East, a chord distance of 27.5 feet to an iron pipe
set in the northerly line of Lot 3; thence North 51' 44' East
along the northerly line of said Lot 3 a distance of 92.3 feet to
a pipe set in the westerly line of Winner's Circle; thence
northerly on a curve to the right along the westerly line of
Winner's Circle, with a radius of 160 feet, an arc distance of
15.5 feet, a chord bearing North 52' 49' West, a chord distance
of 15.5 feet to an iron pipe set in the southeasterly corner of
Lot 4 as shown on said subdivision map; thence South 51' 44' West
along the southerly line of Lot 4 a distance of 121.7 feet to a
pipe set in the westerly line of said premises conveyed by Guidi
to Paolangeli; thence South 35' 33' East along the westerly line
of said Paolangeli premises, a distance of 199.7 feet to the
point or place of beginning.
TOGETHER WITH all right, title and interest of the grantor
in and to any underground utility lines for water or sanatory or
storm sewer located within the bounds of the above described
premises.
BEING the parcel identified as the "Proposed 15' Wide Strip
to Town of Ithaca for Open Space/Walkway (4,595 s.f.)O lying west
of winner's Circle, as shown on the subdivision map referred to
above.
BEING a portion of the premises conveyed to the Grantor
herein by deed from Mario Guidi and Margaret M. Guidi to Francis
• J. Paolangeli dated October 31, 1988, recorded October 31, 1988
in the Tompkins County Clerk's Office in Liber 641 of Deeds at
Page 505.
PARCEL IV - DESCRIPTION OF DRAINAGE EASEMENT
A fifteen foot (151) wide, permanent easement for drainage
facilities as shown on the "'WINNER'S CIRCLE SUBDIVISION FINAL
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L18ER 651 ma M
PLAT," by T. G. Miller's Associates, P.C., Engineers & Surveyors,
dated February 7, 1989, as amended March 2, 1989 and March 9,
1989, and as so amended filed in the Tompkins County Clerk's
Office on March 24, 1989 in Drawer M, Pages 100 and 101. The
easement area is more particularly bounded and described as
follows:
BEGINNING at a pipe set in the westerly line of Winner's
Circle at the southeasterly corner of lot 4 on said subdivision
map, being also the northeasterly corner of Parcel III (the "West
Walkway") of this deed described above; thence South 51° 44' West
along the north line of Parcel III of this deed, being also along
the southerly line of lot 4, a distance of 121.7 feet to a pipe
set in the westerly corner of premises conveyed to Francis J.
Paolangeli by deed from Mario Guidi and Margaret M. Guidi dated
October 31, 1988 and recorded the same day in the Tompkins County
Clerk's Office in Liber 641 of Deeds at page 505; thence North
35' 33' West along the said westerly line of the Paolangeli
premises a distance of 8.7 feet to a pipe; thence continuing
along the west line of the Paolangeli premises North 35° 02' West
a distance of 6.4 feet to a pipe; thence North 51° 44' East a
distance of 118.9 feet to a pipe set in the westerly line of
Winner's Circle; thence southeasterly on a curve to the left with
radius of 160 feet, an arc distance of 15.1 feet, a chord bearing
South 46' 04' East, a chord distance of 15.1 feet to the pipe set
at the point or place of beginning.
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