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THIS INDENTURE, made as of the -Z day of
Nineteen Hundred and Ninety -Nine, between
COUNTY OF TOX111KINS, a municipal corporation
organized and existing under the laws of the State of New York, with main offices in
the County Office Building at 125 East Court Street, Ithaca, New York,
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Grantor and Party of the First Part, and
TOWN OF ITHACA, a municipal corporation organized
and existing under the laws of the State of New York with main office,, at 126 East
Seneca Street, Ithaca, New York,
Grantee and Party of the Second Part.
WITNESSETH, that in consideratum of FOURTEEN THOUSAND, FIVE
I IUNDRFD EIGI ITELN and 16/ 100 DOLLARS ()14,918.46), lawful money of the
United States, and other good and valuable consideration paid by the party of the
second part, the party of the first part does hereby remise, release and quit claim
unto the party of the second part, their heirs, successors, and assigns forever,
All that certain plots piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Town of Ithaca,
County of Tompkins, State of New York, bounded and described as Parcels #l, #2,
#3 and #4 on Schedule A attached hereto and made a part of this deed.
This conveyance is made pursuant to Resolution No. 105 of the Tompkins
Count' Board of Representatives, duly adopted at a regular meeting of said Board
held the 20th day of May, 1997. The party of the second part shall be responsible for
all taxes, penalties, interest, fee -,and expenses on subject parcels.
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This conveyance is also made subject to the condition and covenant that the
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County of Tompkins shall in no event be held liable for any defect in the title so
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conveyed for any cause whatsoever nor does the County warrant as to the accuracy
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of the parcel description, location, or size, and that no claim or demand of any nature
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arising from any proceedings relating thereto shall ever be made against the County
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of Tompkins,
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Together with the appurtenances and all the estate and rights of the party of
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the first part in and tosaid premises,
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SCHEDULE A
ALL THE FOLLOWING TRACTS OR PARCELS OF LAND situate in the Town of
Ithaca, County of Tompkins and State of New York, bounded and described as follows:
COMMENCING at a tall pipe corner post set in concrete, in the south line of a private
twenty-two foot road running easterly from Five Mile Drive (also known as Floral Avenue) along
the boundary of the lands formerly owned by Florence S. Williams and LeGrande O. Williams
and the lands formerly owned by Ulrich Wagenurn to the lands formerly of the Lehigh Valley
Railroad Co. and lands of the party of the f irst part herein (%cc Parcel #4 below), and which said
pipe is about 722 feet south 82 degrees 22 minutes cast from the intersection of the south line
of said lane with the center line of Five Mile Drive (also known as Floral Avenue); running
thence south 82 degrees 22 minutes cast along the south line of said road 438 feet to a pipe set
in the westerly boundary line of the lands formerly of the Lehigh Valley Railroad Co.; running
thence south 44 degrees west along said westerly boundary 596 feet to an iron pipe; running
thence north 82 degrees 58 minutes west, along the northerly line of lands of the Catholic
Cemetery, 154 feet to an old pipe, which pipe is located lH inches southeast from a 10 inch tree;
running thence north 15 degrees 58 minutes cast along an old fence 487 feet to the iron pipe at
the point or place of beginning. Said parcel contains 3-1/4 acres of land.
Together with the right of way to the grantee herein, its heirs, distributees, successors and
assigns, to pass and repass with vehicles, animals and upon foot, both by grantee, its agents,
employees, and visitors over and along said 22 foot road at all times hereafter.
Being a part of the premises conveyed to William S. Stuhr by deed of William Knight,
Jr., dated May 23, 1963 and recorded in the Tompkins County Clerk's Office June 10, 1963 in
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Libor 445 of Deeds at page 73.
The above described premises are shown as 1 on a survey map entitled "Property Map
of Portion of Wm. Knight Lands East of Five Mile Drive in the Town of Ithaca, N.Y." made by
Carl Crandall, C.E., May I8, 1963, a copy of which was filed in the Tompkins County Clerk's
Office on June 11, 1963 in Map Book F5 at page 13.
Parcel #2
COMMENCING at an iron pipe set in the easterly line of the lands formerly of the
Lehigh Valley Railroad Co. (formerly the property of the D.L. & W.R.R.) which said pipe is 163
feet south 82 degrees 30 minutes cast from the southeast corner of Parcel #1 above; running
thence south 82 degrees 30 minutes cast 815 feet more or less to a point in the center line of
Cayuga Inlet, said course passing along an irregular fence and through a 30 inch Elm tree and
finally through an iron pipe set 30 feel more or less north 82 degrees 30 minutes west from the
center line of said Inlet; running thence southerly along the center line of said inlet about 505
feet to a point; running thence north 82 degrees 30 minutes west 1130 feet more or less to an
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iron pipe set in the easterly line of the lands of said Railroad: running thence north 44 degrees
cast along said Railroad property 619 legit to the point or place of beginning, containing i i acres
of land more or less.
Being a part of the premises conveyed to William S. Stuhr by deed of William Knight,
Jr., dated May 23. 1963 referred to above.
The above described premises are shown as 2 on the survey map referred to above.
Parcel #1
COMME.NC1NG at an iron pipe set in the cwtcrly line of lands formerly of said Lehigh
• Valley Railroad Co. (formerly the D L. & W RR.), which said pipe is set in the northwesterly
corner of Parcel #2 ahove: running thence south X2 degrees 30 minutes cast XIS feet more or
less; along the northerly line of Parcel #2 above, to a point in the center line of the said Cayuga
Inlet, at the northeasterly corner of Parcel #2 above; running thence north 76 degrees 30 minutes
west 760 feet more or less to an iron pipe set in the easterly line of said Railroad; running thence
south 44 degrees west along said Railroad property line 1(X) feet to the point or place of
beginning, containing 3/4 acre of land.
Being a part of the premises conveyed to William S. Stuhr by said deed of William
Knight. Jr„ dated May 23. 1963 referred to above.
The above described premises are shown as 3 on a survey map entitled "Property Map
of Portion of Wm. Knight Lands Ea,t of Five Mile Drive in the Town of Ithaca, N.Y." referred
to above.
Parcel #4
COMMENCiNG at a point in the intersection of the easterly right of way line of premises
formerly of the Lehigh Valley Railroad Co.. (lorinerly the property of the Delaware, Lackawanna
& Westcrn Railroad) with the center line of a private twenty-two foot road running easterly from
Five Mile Drive (also known as Floral Avenue) which said point of beginning is approximately
1310 feet easterly from the intersection of the center line of said lane with the center line of
Floral Avenue Extension and which point of beginning is approximately 170 feet easterly from
the northeast corner of Parcel # i above: running thence along the center line of said private road
south Xl degrees 20 minutes cast 126 X feet to a pipe; running thence north 86 degrees 80.4
minutes to a pipe; running thence north RX degrees east 84 feet to a pipe; running thence north
60 degrees 30 minutes cast 46.6 feet, more or less, to the center of the Cayuga Inlet; running
thence southerly along the center line of said Cayuga Inlet about 540 feet to a point in the center
line of said inlet at the northeasterly corner of Parcel #2 described above; running thence north
76 degrees 30 minutes west 760 feet, more or less, along the northerly line of Parcel #3 described
above to an iron pipe set in the easterly line of said Railroad property; running thence north 44
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degrees east along the easterly line of said Railroad property 510 feet, more or less, to a pipe in
the center line of said private road at the point of beginning, containing 6 acres of land, more or
less.
Being the same premises conveyed to William S. Stuhr by deed of William Knight, Jr.,
dated January 6, 1967 and recorded in the Tompkins County Clerk's Office January 26, 1967 in
Leber 467 of Deeds at page 273.
Together with a right of way to the grantee herein, its heirs, legal representatives,
successors and assigns, to pass and repass with vehicles, animals and upon foot, by itself, its
agents, employees, and visitors over and along said private road at all times hereafter.
The above described parcels (Parcels #1 through #4) are subject to the following insofar
as the same may affect one or more of said parcels:
I. The rights of any other persons to use all or any portions of the 22 foot lane
referred to in the descriptions above.
2. A tree clearing permit dated July 9, 1954 granted to the New York State Electric
& Gas Corporation by William Knight, Sr. by instrument recorded in Book 378
of Deeds at page 268.
3. An easement to maintain an anchor dated June 17, 1958 given by William Knight
to New York State Electric & Gas Corporation and recorded in Book 410 of
Deeds at page NX).
4. An casement dated August 29, 1924 given by Glenn E. Marion to New York State
Electric & Gas Corporation recorded in Book 5 of Miscellaneous Records at page
363.
5. A right of way dated December 26, 1925 given by G.E. Marion to N.Y.S. Gas &
Electric Corp. recorded in Book 209 of Deeds at page 336.
6. A right of way maintenance agreement dated December 14, 1962 between William
P. Sullivan and William Knight, Jr. recorded in Book 443 of Deeds at page 185.
7. The appropriation of lands or m%ements as set forth in the following notices of
appropriation and related documentation:
(a) Notice of Appropriation dated January 25, 1967 recorded January
25, 1967 in Iiook 467 of Deeds it page 263 and shown as File No.
882 in the 'Pumpkins County Clerk's Office,
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(b) The casement described in the deed from William Knight, Jr. to
William S Stuhr dated January 6, 1967 recorded in Bonk 467 of
Deeds at page 273, and referred to as Parcels No. 197, 198, and
199, more particularly described in File No. 900 in the Tompkins
County (')erk's Office-
(c) Notice of Appiopriation dated May 19. 1970 recorded in said
('Ictk's Office in Hook 4N6 of Deeds at page 1057 as more fully
sei lorth in file No 988 filed in said office.
(d) Appiopnanon of pnipett'v dated August 21, 1971 as rellecicd in a
('ornninsioner'1COI III W,110,rnd Ihrectinn for Service by I'ilin} and
Reumhng iccoided in the Tompkins County (•Icik's Office in
p Book 510 of Deeds ;it page.190 as more fully set forth in File No.
989 filed in said ('Jerk's Office.
(e) Appropriation of Property dated September 24, 1973 as set forth in
a ('omm»sionrr's Certificate and Direction for Service by Filing
and Recording recorded in said Clerk's Office in Book .511 of
Deeds at page 390 and more fully set forth in File No. l(X)5 in said
Clerk's Office.
(1) Notice of Appropriation dated March 28, 1974 recorded in Book
517 of Deeds at page 96 as more fully set forth in File No. 1093
in said ('Jerk's Office,
8. Easement dated Decemhet 4. 1978 given by Bernard C. Stuhr to New
Yoik State Electric & Gas Corporation recorded in Book 568 of Deeds at
page 616.
Recital in this deed of any of the foregoing easements, agreements, or appropriations is
not intended to revive any rights or casements which have expired by virtue of their terms, non-
user, or latches.
TOGETHER wrm
1. The rights to use the 22 foot lane referenced above in the descriptions of the
parcels;
2. All of the rights under the maintenance agreement between William P. Sullivan
and William Knight, Jr. referred to above (443 Deeds page 185); and
3. All rights, if any, in and to the Railroad properties running adjacent to the parcels
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described above, including any rights of reverter of same.
All of the above described premises were conveyed to William S. Stuhr by the deeds
referenced in the description to each parcel. The said William S. Stuhr died testate, a resident
of Weehawken, Hudson County, New Jersey and his Will was probated in said County and ;
appointed M. Marie Stuhr as his Executrix. By deed of M. Marie Stuhr dated January 29, 1975
recorded in Book 544 of Deeds at page 49. all of said parcels were conveyed to Bernard C.
Stuhr. Said parcels were known as Town of lthaca tax parcel nos. 31-2-5 and 31-2-6. By Notice
of Foreclosure of Tax Liens by the County of Tompkins by Action in Rem dated May 2, 1994
recorded in said Clerk's Office in Book 13 of Lis Pendens at page 570 an action to foreclose on
said properties, among others, for non-payment of taxes was commenced. On December 9, 1994 "
a judgment was entered pursuant to such foreclosure proceeding awarding possession of the
parcels of land to the County of Tompkins. By Tax Deed dated December 12, 1994 recorded {
in the Tompkins County Clerk's Office in Book 741 of Deeds at page 22, Scott Heyman, ;
Tompkins County Administrator, conveyed said parcels to the County of Tompkins, the grantor
herein.
By Resolution No. 105 of the Tompkins County Board of Representatives adopted May
20, 1997, the County was authorucd to convey said parcels to the Town of Ithaca, the grantee
herein.
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To have and to hold the premises herein granted unto the party(ies) of the
second part, their heirs, successors, and assigns forever.
lit Presence of
In Witness Whereof, the part' of the first
part has caused its corporate seal to be hereunto
affixed, and these presents to be signed by its duly
authorized offs er thi • yr day of
Ninete , re et /;Pee.
AT
By: Richard Erb as County Administkdtor
STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On this -'" day of 1999, before me personally came
Richard Erb, to me personally known, who, being by me duly sworn, did depose and
say that he resides in the Village of Cayuga Heights, County of Tompkins; that he is
the County Administrator of the County of Tompkins, the municipal corporation
described in and which executed the within Instrument; that he knows the seal of
said corporation; that the seal affixed to said Instrument is such corporate seal; that it
was so affixed by order of the Board of Representatives of said corporation; and that
he signet-1 his name thereto by like order.
Notary Public
Tompkins County, ss:
Recorded on the Day
of - ' C i l , 19 at
o'clockM.,in Liber
of I LC e D -at page
and examined.
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lain C. ►ouplFy
W" Pti6pe, $"to of New Tori
Q61ad In TompLing county
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