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HomeMy WebLinkAbout079658-001• usr� 741►nt 276 10453 WARRAN'W DEED with Lien Covenant S. REAL STATE DEC 2 1 i994 r TRANSFER TAX Q TG`.!?KiNs THIS INDENTURE made this—a,%,day of December, Nineteen Hundred and Ninety- Four, BETWEEN EPHRAIM TOMLINSON III of 14 Glen Haven Road, Homer, New York 13077, party of the first part, and TOWN OF ITHACA, a municipal corporation formed under the laws of the State of New York having its principal offices at 120 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 NO/100 Dollars (S1.00) lawful money of the United Slates, 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, PARCEL 1 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, and State of New York, being part of Military Lot 81 in said Town and more particularly bounded and described as follows: BEGINNING at a point in the centerline of Bostwick Road in said town which point is N 82' 32' 40"W a distance of 30 feet from the intersection of said centerline with the centerline of Culver Road; proceeding thence S 07' 25' 56"W a distance of 429.38 feet to a point in the south line of the grantor; proceeding thence S 82' 34' 04"E a distance of 60 feet along said boundary line to a point; proceeding thence N 07' 25' 56"E a distance of 429.24 feet to a point in the centerline of Bostwick Road; proceeding thence N 82' 19' 46"W along the centerline of Bostwick Road a distance of 30 feel; thence continuing along the centerline of Bostwick Road N 82' 32' 40"W a distance of 30 feet to the point or place of beginning. The above described parcel is noted on the map hereinafter referenced as "60 Foot Wide Strip To Be Conveyed To Town For Future Road'. Said parcel is bounded on the west by Lot 4 and on the east by Lot 2 of the Glendale Farm Subdivision. The above dcscribed prcmiscs are conveyed SUBJECT TO public utility easements as follows: 1. A pole line easement granted to New York Slate Electric & Gas Corporation by instrument dated in May of 1929 and recorded July 19, 1929 in the Tompkins County Clerk's Office in Libcr 218 of Deeds at page 426. 2. A buried cable easement granted to New York State Electric & Gas Corporation by instrument dated November 2, 1969 and recorded in said Clerk's Office in Libcr 488 of Deeds at page 361. This conveyance is made FURTHER SUBJECT TO the rights of the public in and to that portion of the parcel described above which lie within the hounds of Bostwick Road. PARCEL 2 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being part of Military Lot 82 in said Town and more particularly bounded and described as follows: BEGINNING at a point in the centerline of Bostwick Road which point is situate S 82' 1'9' 46" E a distance of 780 feet from the intersection of said centerline with the centerline of Culver Road; proceeding thence S 82' 19' 44"E along the centerline of Bostwick Road a distance of 422.59 feet to a point: proceeding thence S 25' 15' 24.8"W passing through a pipe at 25.96 feet, a tall pipe at a further distance of 299.76 feet and a third pipe at a yet further distance of 445.90 feet and continuing on this course for a total distance of 812.58 feel to a point marking the northeasterly corner of premises now or formerly of Philip M. While, Jr. (see Libcr 555 of Deeds at page 573); proceeding thence N 82' 12' 47"W along the north line of said While premises a distance of 513.88 feet to a pipe set in the northwesterly corner of said White premises and in the westerly line of Military Lot 82; proceeding thence N 06' 55' 58"E along the common boundary line between Military Lots 81 and 82 and the easterly line of premises now or formerly of Earland and Robert Mancini a distance of 346.04 feet to a pipe set in the south line of Subdivision Lot 2 as shown on the map hereinafter referenced; thence the following three courses along the boundary of Subdivision Lot 2 as follows: 0 0 • • 0 "ILA 741 racf 277 1. S 82° 34' 04" E a distance of 43.04 feet to a point; 2. N 70* 46' 24" E a distance of 334.39 feel to a point; 3. N 07° 40' 14" E a distance of 276.09 feet to a point in the centerline of Bostwick Road which point is the point and place of beginning. The above described premises are more particularly shown as Lot I, and noted 'To be conveyed to Town of Ithaca-, on the subdivision map hereinafter referred to. SUBJECT TO the following RESTRICTIVE COVENANT: Any transfer by seller of all or any portion of any legal or equitable interest in the seller's premises shall permit only transfer and construction, if any, for purposes and uses currently authorircd under the 'residence district R30' (sections 18 through 24) of the Town of Ithaca's "Zoning Ordinance and Certain Related Local Laws as of January 27, 1993" on the portion of the parent parcel to he conveyed. In accordance with the residence R30 district, no parcel of the parent parcel shall be subdivided into lots of less than 30,000 square feet, with minimum width of 100 feet at the street line and 150 feet width at sct-back of 60 feet from the street line and minimum depth of 200 feet. No building or buildings on a lot including accessory buildings shall be erected, altered or extended to cover more than 10 percent of the lot area and shall be used for other than any of the following purposes: A one -family dwelling occupied by not more than one family with or without one boarder, lodger or other occupant; a two-family dwelling occupied by not more than two families. Other uses permitted and approvals needed arc listed in the aforementioned sections of the zoning law for district R30. These restrictions shall be in force for a period of 30 years from August 1, 1993. The above described are conveyed SUBJECT TO utility casements as follows: j I. A pole line easement granted to New York State Electric & Gas Corporation by instrument dated September 11, 1924 and recorded in said Clerk's Office in Liber 5 of Miscellaneous Records at page 264, insofar as it may affect the above described premises. I 2. A pole line easement granted to New York State Electric & Gas Corporation by instrument dated in May of 1929 and recorded July 19, 1929 in said Clerk's Office in Liber 218 of Deeds at page 426. 3. A buried cable casement granted to New York Telephone Company by instrument dated November 2, 1969 and recorded in said Clerk's Office in Liber 488 of Deeds at page 361. 1 This conveyance is made FURTHER SUBJECT TO the rights of the public in and to that portion of the parcel described above which lie within the bounds of Bostwick Road. With respect to the. premises herein conveyed (Parcel 1 and Parcel 2 above), reference is hereby made to a map entitled "Glendale Farm Subdivision, Ephraim Tomlinson III, Bostwick Road, Culver Road and Seven Mile Drive, Town of Ithaca, Tompkins County, New York' by T. G. Miller, P.C., Engineers and Surveyors, dated January 25, 1994, last revised March 19. 1994, a copy of which map was filed on July 25, 1994 in said Clerk's office in Map Drawer X, Sheet 2. The above described premises are a portion of the premises conveyed to the grantor herein by three Warranty Deeds as follows: 1. Warranty Deed dated September 14, 1963, from Richard W. Sidenberg to Ephraim Tomlinson 11 and Ephraim Tomlinson III and recorded in said Clerk's Office in Book 447 of Deeds $ at page 314 on September 16, 1963; 2. Warranty Deed dated December 28, 1992, from Ephraim Tomlinson It to Ephraim Tomlinson ill, Ephraim Mark Tomlinson and David Clarkin Tomlinson recorded in said Clerk's Office on December 29, 1992 in Book 691 of Deeds at page 193; and 3. Warranty Deed dated July 30, 1993, from Ephraim Mark Tomlinson and David Clarkin Tomlinson to Ephraim Tomlinson 111, the grantor herein, recorded August 2, 1993 in said Cleric's Office in Book 705 of Deeds at page 134, as corrected by Quitclaim deed dated November 5, 1994 and recorded November 30, 1994 in said Clerk's Office in Liber 740 of Deeds at page 179. 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 the party of the first part. covenants as follows: FIRST, That the party of the second part shall quietly enjoy the said premises; L] • u�(a 741 Past 278 SECOND, That said party of the first part will forever WARRANT the title to said premises. THIRD, That, in Compliance with Sec. 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 have hereunto set his hand and seal the day and year first above written. IN PRESENCE OF k- Ephraird Tomlinson III STATE OF I 1 iCj,J DL COUNTY OF _ 'dM41u•: ;1C On this _1,9, day of December, 1994, before me came Ephraim Tomlinson III, of nn n •;�y and known , me to be the individual(s) described in and who executed the foregoing it) dIn I lh 10 he acknowledged to me that he executed the same. �'ed My ( , Camussirn expires Dec. 17, 199otar4. y Public �•,',�la `� Gr Tompkka County, sL J' �Y �p ��....•.� �ded�^ the n Lb* .......l.Y'/...... .. 9 �� R.� osjc�f' M., in I�ber ... . of .... M peg* .... f7/t.f an�d • • 0