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IIE(� 802 FACE i7
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GRANT OF RESTRICTIVE COVENANT
Made as of the !,+(t' day of 1997, by LAWR8NC8 IACOVBLLI
and TRINNA IACOVELLI, husband and wife, jointly and severally, both of 124
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Compton Road, Ithaca, New York, hereinafter called 'GRANTORS';
TO THE TOWN OF ITHACA, a Municipality within the County of Tompkins
and State of New York.
WHEREAS, the Grantors are the owners of the real property on the
northerly side of Kendall Avenue in said Town of Ithaca designated as Ithaca
Land Company Lots 206. 207 and 208, each such lot being 50 feet wide and 120
feet deep and having a consolidated frontage of 150 feet on the north side of
Kendall Avenue and a depth of 120 feet northerly therefrom, for a total area 1
of about 18,000 square feet, and which properties are designated Town of
Ithaca Tax. Parcel •54-4-25.2 and are the premises conveyed to Grantors. by the.
June 29, 1976 deed from Hilker Construction Company, Inc. recorded in the
Tompkins County Clerk's Office in Liber 552 of Deeds at page 87;
AND WHEREAS, the Grantors have constructed a dwelling on the easterly
portion of such land under Town of Ithaca Building Permit #1964 issued in
1977 for the construction of one 2-apartment building on these lots;
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AND WHEREAS, the Grantors are the owners of the real property on the
southerly side of Kendall Avenue in said Town of Ithaca designated as Ithaca
Land Company Lot 145. which lot has 50 feet of frontage on Kendall Ave. and
approximately 160 feet in depth, and which property is currently designated
Town of Ithaca Tax. Parcel 054-5-21 and i; a portion of the premises conveyed
to Grantors by the May i, 1976 deed from Robert V.R. Bassett recorded in the
Tompkins County Clerk's Office in Liber 475 of Deeds at page 1287;
AND WHEREAS, all of said property is situated in an R-9 zone under the
current Town of Ithaca zoning Ordinance;
AND WHEREAS, the Grantors wets gtantod a variance by the Town of
Ithaca Board of 7.oninq hppral;: on 10, 1978 to allow the structure
loc„tkd on Town of T,�x P„rcf�l 054-4-23 to contain three dwelling units )
subject to certain conditions, one of which was the filing of a Grant of ).
Restrictive Covenant on said as Ithaca Land Company Lots 206, 207 and 208,
which Grant, among other matters, prohibited subdivision of said combined
lots and prohibited more than three kie•1Ling units on the combined lots
absent further authorization from the appropriate Town Board, and which Grant
was recorded in the Tompkins County Clerk's Office on July 14, 1981 at Liber
584 of Deeds at page 302;
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AND WHEREAS, the Grantors have constructed their said dwelling in such
manner as to permit it to be further compartmentalized into four (4) separate
1RECEIVED—
$
AUG 13 1997
REAL ESTATE
TRANSFER TAX
TOMPKINS COUNTY
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IIE[j 802 PAGE 78
apartments, and they desire to obtain authority for such conversion of the
new building into such four (4) units, and they are willing to and have
themselves offered to devote and dedicate Ithaca Land Company Lot 145,
currently designated Town of Ithaca Tax. Parcel #54-5-21 to this existing
building;
NOW, THEREFORE, in consideration of the premises and of the grant by
the Town of Ithaca Board of Zoning Appeals of a Variance on March 12, 1997 to
authorize the use of the building thereon (167 Kendall Avenue) as a four -
apartment dwelling, (and whether or not such a Variance contains restrictions
and/or conditions), no other consideration herefor being given or intended,
the Grantors do hereby impose upon said real property, viz. the Ithaca Land
Company Lot 145, RESTRICTIVE COVENANTS to run with the land until such
time, if ever, that the Town of Ithaca or one of its duly authorized Boards
or Agencies shall by written instrument or Order release the same as follows:
(1) No building or improvement shall be constructed upon any part of
said premises at the Ithaca Land Company Lot 145, without express written
approval of the Town of Ithaca, with the intention being that if the building
at Town of Ithaca Tax Parcel 654-4-25.2, also known as Ithaca Land Company
Lots 206, 207 and 208, should ever permanently cease to be occupied as more
than three dwelling units that the Town of Ithaca would consider releasing
these restrictive covenants.
(2) The existing dwelling shall not be enlarged nor made into more
apartments or dwelling units than the four permitted by the 1997 Variance,
nor shall any such dwelling unit be occupied by more than the number of
people permitted in such Variance, except upon proper authorization under the
then -applicable Zoning ordinance..
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and
seals as of the day and year last above written.
LAWRENCE IACOVELLI
TRINNA IACOVELLI
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss:
On this 1-14 day of T,.4AJ4!C 1997, before me, the subscriber,
personally appeared LAWRENCE IACOVELLI and TRINNA IACOVELLI, to me known
and known to me to be the same persons described in and who executed the
within Instrument and they duly severally acknowledged to me that they
executed the same. �11 D n
Tompkins C vtj,,w No
RnmdW oo tip 2,1�__ Daq
atQ
ecipai,_r^M., is Liber -'I
of �.'c e , at page 1;
end examined.
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