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07919
WARRANTY DEED
THIS INDENTURE, made the 26th day of August, 1998,
BETWEEN:
AUG 2 61998
REALESTATE
TRANSFERTAX W
1'OMPKINS COUNTY W
RICHARD A. PERRY and MARY LOUISE PERRY, husband and wife, both of 103
Bundy Road, Ithaca, New York 14850,
parties of the first part, and
TOWN OF ITHACA, a Municipal Corporation formed under the laws of the State
of New York, with offices at 126 East Seneca Street, Ithaca, New York 14850,
party of the second part,
WITNESSETH, that the parties of the first part, in consideration of One and 00/100 Dollars
(S1.00) lawful money of the United States, together with 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, the
survivor thereof, their respective dlstributees,successors, and assigns forever
ALL THAT TRACT OR PARCEL OF LAND set forth in SCHEDULE A attached hereto
and made a part hereof
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 party of the second part,
his/her/their respective heirs, distnbutees, and assigns forever.
AND said parties of the first part covenant as follows:
FIRST, that the party 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 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 parties of the first part have hereunto set their hands the day
and year first above written.
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RICHARD A. PERRY
�f{c 1�LCt1u
MARY .OUISE PERRY
STATE OF NEW YORK )
)ss:
COUNTY OF TOMPKINS )
On the 26th day of August, 1998, appeared before me RICHARD A. PERRY and MARY
LOUISE PERRY, to me known, and known to me to be the persons described in and who executed
the foregoing instrument, and they acknowledged to me that they have executed the same.
Notary Public
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IiEr� 82y ract SCHEDULE A I't1
Parcel One - o' Na Patrb
ALL, THAT TRACT OR PARCEL. OF LAND situate in the Town of Ithaca, County of
Tompkins, and State of New fork, being part of Military Lot 49 in said Town, and more particularly
hounded and described as follows.
BEGINNING at a pipe set in the westerly line of the boundary between the City of Ithaca
and the Town of Ithaca at the soutMaest comer of premises now or formerly of Barbara Colbert (City
tax parcel number 132-1-5; 614 Deeds, page 907), which point is also the northeasterly comer of
premises now or formerly of Anthony Ceracche (Town tax parcel number 27-1-13.12; 565 Deeds,
page 882),
proceeding thence North 82 degrees 4 minutes 14 seconds west along the north line of said
Ceracche a distance of 1098.90 feet to a pin with a cap set in the easterly line of a right-of-way
hereinafter described;
proceeding thence North 7 degrees 55 minutes 46 seconds cast along the easterly line of said
nght-of-way a distance of 00 feet to a set iron pin with cap;
proceeding thence South 82 degrees 4 minutes 14 seconds cast (this and the following two
courses being along remaining premises of the Grantors) a distance of 291.25 feet to a set iron pin
with cap;
proceeding thence North 7 degrees 55 minutes 46 seconds east a distance of 449.8 feet to a
pin with cap set in the present center line of a creek which is a tributary to Williams Creek;
proceeding thence along the center line of said creek 853 feet, more or less, to a point at the
approximate intersection of said tributary with the center line of Williams Creek, being a chord
course and distance or'North 79 degrees 3 minutes 50 seconds east a distance of 832.25 feet;
proceeding thence along the center line of Williams Creek a chord course and distance of
North 88 degrees 31 minutes 10 seconds cast a distance of 20.13 feet a point marking the
northwesterly comer of premises now or formerly of Margaret N. Munchmeyer (City tax parcel
number 132-1-25; 710 Deeds, page 49), (the portion of the last described course which is along the
center line of Williams Creek being also on the southerly line of premises now or formerly of Carl
and Marilyn Sgrecci (Town tax parcel number 27-1-11.1, 662 of Deeds, page 2021, the said
northwesterly comer of Munchmeyer being in the boundary between the Town of Ithaca and the City
of Ithaca);
proceeding thence southerly along the said boundary between the City and Town of Ithaca
the following six courses and distances:
1. South 7 degrees 54 minutes 29 seconds west a distance of 177.33 feet to an existing
iron pipe;
2. South 7 degrees 46 minutes 59 seconds west a distance of 222.38 feet to an existing
iron pipe;
3. South 8 degrees 24 minutes 30 seconds west a distance of 90.34 feet to an existing
iron pipe;
4. South 7 degrees 31 minutes 33 seconds west a distance of 100.51 feet to an existing
iron pipe;
5. South 8 degrees 38 minutes 51 seconds west a distance of 100.64 feet to an existing
iron pipe;
6. South 7 degrees 20 minutes 51 seconds west passing through a pipe at 84.07 feet and
continuing on this course for a total distance of 90.82 feet to the pipe at the point or place of
beginning.
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116fR 828 PAGE 1 ;�
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The above -described parcel is denoted on the survey map hereinafter referenced as
"PROPOSED PARCEL TO BE CONVEYED TO TOWN OF I'THACA FOR PARK PURPOSES,
AREA = 12.800 ACRES"
Parcel Tw
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of
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Tompkins, and State of New York, being part of Military Lot 49 in said Town, and more particularly
bounded and described as follows:
BEGINNING at an iron pipe marking the southeasterly corner of proposed Lot 20 of the
second phase of Shalebrook Subdivision off a future street to be known as Joseph Place, as more
particularly shown on the survey map hereinafter referenced, said point being in the westerly line
of a street to be known as Riley Drive, and being situate 1178 feet, more or less, southerly along the
west line of said Riley Drive from its intersection with the south line of Bundy Road;
proceeding thence South 20 degrees 24 minutes 52 seconds cast a distance of 150.04 feet to
a point to the center line of Williams Creek, on this course passing through an iron pin at 35 feet,
more or less, and a second pin set at 130.04 feet;
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proceeding thence westerly along the center line of Williams Creek a distance of 508 feet,
i more or less, said course being described by two chords: (1) South 89 degrees 5 minutes 9 seconds
west a distance of 339.12 feet, (2) North 44 degrees 31 minutes 41 seconds west a distance of 167.61
feet.
proceeding thence North 44 degrees 22 minutes 44 seconds east passing through a pin set in
the north bank of the creek at 20.01 feet and continuing on this course for a total distance of 69.78
feet to a set iron pin, this course being along the boundary of Lot 19 of the future phase 2 of
Shalebrook Subdivision;
proceeding thence South 86 degrees 14 minutes 37 seconds east a distance of 356.23 feet to
the pipe at the point or place of beginning (the last 328± feet of this course being along the south line ¢
of the above -referenced Shalebrook Subdivision Lot 20).
• The above -described parcel is denominated "PROPOSED TOT LOT AREA = 1.389 ACRE"
on the survey hereinafter referenced.
Parcels Three (Al and Three (B) - Rilght of Way for Ingress and Egress
Parcel Three (A) - Proposed Riley Drive
There is conveyed hereby a 60-foot wide right-of-way for public pedestrian and vehicular •
ingress and egress from Bundy Road and any other public road to Parcels One and Two in common
with the Grantors being part of Military Lot 49 in the Town of Ithaca, County of Tompkins, and
State of New York, and more particularly bounded and described as follows:
BEGINNING at a point in the south line of Bundy Road, which point is situate westerly
along such south line a distance of 1486.43 feet from the intersection of said south line with the
westerly line of New York State Route 96; ;
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proceeding thence South 7 degrees 21 minutes 40 seconds west a distance of 124.69 feet to
a point;
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proceeding thence on a curve to the left with a radius of 756.93 feet, an arc distance of 216.53
feet to a point;
proceeding thence South 09 degrees 01 minutes 45 seconds east a distance of 385.92 feet to
a point;
proceeding thence on a slight curve to the left with a radius of 1028.74 feet, an arc distance
of 204.42 feet to a point;
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proceeding thence South 20 degrees 24 minutes 52 seconds east a distance of 282.19 feet to
a point marked by a pm with cap;
proceeding thence North 69 degrees 35 minutes 08 seconds east a distance of 60 feet to j
another point marked by a pm with survey cap; fl
proceeding thence North 20 degrees 24 minutes 52 seconds west a distance of 282.19 feet
to a point,
proceeding thence on a curve to the right with a radius of 968.74 feet, an arc distance of
192.50 feet to a point,
proceeding thence North 9 degrees 01 minutes 45 seconds west a distance of 385.92 feet to
u paint,
proceeding thence on a slight curve to the right on a radius of 696.93 feet, an arc distance of
199.37 feet to a point,
proceeding thence North 7 degrees 21 minutes 40 seconds east a distance of 124.69 feet to
a point in the southerly line of Bundy Road,
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proceeding thence North 82 degrees 38 minutes 20 seconds west a distance of 60 feet to the
point or place of beginning
The above -described parcel is denominated "AREA OF RILEY DRIVE = 1.652 ACRES"
on the survey map hereurafler referenced.
ParcclIhme (B)_ Contm rSyt nofRlglll..4f v of PronoSCLilillCj'1�IlYE
7 here is conveyed hereby a 60-foot wide right-of-way for public pedestnan and vehicular
ingress and egress from Parcel Three (A) and any public road to Parcels One and Two in common
with the Grantors being part of Military Lot 49 in the Town of Ithaca, County of Tompkins, and 4
State of New York, and more particularly bounded and described as follows:
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BEGINNING at a pin set in the southerly terminus of Riley Drive as described in Parcel
Three (A) above, adjacent to the "TOT LOT";
proceeding thence North 69 degrees 35 minutes 08 seconds east a distance of 60 feet to the
other pin in the southerly terminus of Riley Dnve above described;
proceeding thence South 20 degrees 24 minutes 52 seconds east a distance of 113 feet, more
or less, to a point in the north line of an old farm lane;
proceeding thence on a curve to the left with a radius of 870 feet, a distance of 387 feet, more
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or less, to a point;
proceeding thence Southeasterly a distance of 94 feet, more or less;
proceeding thence on a curve to the right with a radius of 566 feet a distance of 532 feet,
more or less, to a point,
proceeding thence South 7 degrees 55 minutes 46 seconds west a distance of 122 feet, more
or less (the last sixty feet of which arc adjacent to the 60 foot west line of Parcel One above), to a
pm set in the southerly line of the premises of the Grantors and the northerly line of premises now
or formerly of Ceracche (Town of Ithaca tax parcel 27-1-13.12; 565 of Deeds, page 882);
proceeding thence North 82 degrees 4 minutes 14 seconds west a distance of 60 feet to a
point in the said boundary between the Grantors and Ceracche;
proceeding thence North 07 degrees 55 minutes 46 seconds east a distance of 122 feet, more
or less, to a point;
proceeding thence on a curve to the left with a radius of 506 feet a distance of 475 feet, more
or less, to a point;
w+>roaw - 3 -
HAWIV OM
wiR 82S PA�I 144
proceeding thence Northwesterly a distance of 94 feet, more or less, to a point;
proceeding thence on a curve to the right with a radius of 930 feet a distance of 413 fat,
more or less, to a point of tangency which point is South 69 degrees 35 minutes 8 seconds East 60
feet from the point at the end of the second course in this description of Parcel Three (B) (the course
of 113 +1- feet ending at the north line of an old farm lane);
proceeding thence North 20 degrees 24 minutes 52 seconds west a distance of 113 feet, more
or less to the pin at the point or place of beginning.
The above -described parcel, shown on the survey map hereinafter referenced, is denominated
"TEMPORARY EASEMENT FOR PARK ACCESS UNTIL FORMAL DEDICATION TO TOWN
OF ITHACA FOR HIGHWAY PURPOSES, AREA = 1.698 ACRES."
Parcel Three (A) is conveyed subject to an easement granted to New York State Electric and
Gas Corporation by instrument dated August 1, 1991, and recorded in the Tompkins County Clerk's
Office in Liber 664 of Deeds at page 600.
Parcel Three (A) and Three (B) are conveyed subject to water main easement for the water
main more particularly shown on the survey map hereinafter referenced.
It is understood by Grantors that Grantee has the right, but not the obligation to construct on
Parcels Three (A) and (B) or any pan thereof, a driveway, or, if the Grantee determines, a paved road
or any other kind of road, together with associated ditches, culverts, bridges or related facilities
deemed necessary or desirable by the Grantee. It is further understood that if Grantee does not
choose to construct a road to usual Town standards, the Grantor may do so and offer to dedicate the
same to Grantee, the acceptance of which offer shall be at the discretion of the Grantee.
With respect to parcels One, Two, Three (A), and Three (B), reference is hereby made to a
map denominated "FINAL SUBDIVISION PLAT" entitled "SURVEY MAP SHOWING LANDS
OF RICHARD A. AND MARY LOUSE PERRY, BUNDY ROAD AND N.Y.S. ROUTE 96,
TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" by T.G. Miller, P.C., Engineers and
Surveyors, dated May 19, 1998, revised June 11, 1998, a copy of which intended to be filed
concurrently herewith
The above -described premises and rights -of -way are a portion of the premises conveyed to
Richard A. Perry and Mary Louise Perry by Mary Ely Joseph by deed dated January 18, 1961, and
recorded in the Tompkins County Clerk's Office on May 11, 1961, in Liber 434 of Deeds at page
283.
Tompkins County, ss:
Recorded on the J G f--4 Day
of J y1918 at 3, 03
o'clock-',P—M., in Liber 828
of n.c J at page
and examined.
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