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1 U 1999
REALl..1.11l
QUITCLAIM DEED
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S INDENTURE made the IOth day of November , 1999
BETWEEN: TOWN OF ITHACA, a municipal corporation organised and existing
under the laws of the State of New York with main offices at 126 East
Seneca Street, Ithaca, New York,
Grantor and Party of the First Part,
and CITY OF ITHACA. a municipal corporation Organized and existing under
the laws of the State of New York with main offices at IOR East Green
Street, Ithaca. New York,
Grantee and Party of the Second Part.
WITNESSETH, that in consideration of Nineteen Thousand, Nine Hundred Fifty -Eight
and 94/1(N)ths Dollars ($19.959.94 ), 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 quitclaim unto the parry of the second part, their heirs, successors and assigns
forever,
ALL THOSE TRACTS OR PARCELS 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, and being generally known as a former Knight's Slaughter House Property,
and more particularly hounded and described as Parcels #1, #2, #i and #4 on Schedule
A attached hereto and made a part of this deed.
This conveyance is made subject to the casements, restrictions, covenants, and other
matters set forth on Schedule A attached hereto and incorporated herein by reference.
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,
their heirs, successors and assigns forever.
IN WITNESS WHEREOF, the party of the first part has caused this corporate seal to be
herein to affixed and these papers to be signed by its duly authorized officer this loth day of
November , 1999.
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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 comer 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 Wageman to the lands formerly of the Lehigh Valley
Railroad Co, and lands of the party of the first pan herein (see Parcel #4 below), and which said
pipe is about 722 feet south 82 degrees 22 minutes east 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 18 inches southeast from a 10 inch tree;
running thence nnrth 15 degrees 58 minutes east 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 font 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
Liber 445 of Deeds at page 73.
The above described premises are shown as I 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 18, 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 east from the southeast corner of Parcel #1 above; running
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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 feet 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
iron pipe set in the easterly line of the lands of said Railroad; running thence north 44 degrees
cast along said Railroad property 618 feet to the point or place of beginning, containing 11 acres
of land more or less.
Being a pan 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#t'
COMMENCING at an iron pipe set in the easterly line of lands formerly of said Lehigh
Valley Railroad Co. (formerly the D.L. & W.R.R.), which said pipe is set in the northwesterly
corner of Parcel #2 above; running thence south 82 degrees 30 minutes east 815 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 43 degrees west along said Railroad property line 100 feet to the point or place of
beginning, containing 3/4 acre of land.
Being a pan 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 East 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., (formerly the property of the Delaware, Lackawanna
& Western 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
1330 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 #1 above; running thence along the center line of said private road
south 83 degrees 20 minutes east 126.8 feet to a pipe; running thence north 86 degrees 80A
minutes to a pipe; running thet>cc north 88 degrees east 84 foot to a pipe; running thence north
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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
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
Liber 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 casement 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 OR
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 136cember 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 casements as set forth in the following notices of
appropriation and related documentation:
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(a) Notice of Appropriation dated January 25. 1967 recorded January
25. 1967 in Book 467 of Deeds at page 263 and shown as File No.
892 in the Tompkins County Clerk's Office.
(b) The easement described in the deed from William Knight, Jr. to
William S. Stuhr dated January 6, 1967 recorded in Book 467 of
Deeds at page 273. and referred to as Parcels No. 197, 199, and
199. more particularly described in File No. 9(X) in the Tompkins
County Clerk's Office.
(c) Notice of Appropriation dated May 19, 1970 recorded in said
Clerk's Office in Book 496 of Deeds at page 1057 as more fully
set forth in File No. 989 filed in said office.
• (d) Appropriation of property dated August 23, 1973 as reflected in a
Commissioner's Certificate and Direction for Service by Filing and
Recording recorded in the Tompkins County Clerk's Office in
Book 510 of Deeds at page 490 as more fully set forth in File No.
989 filed in said Clerk's Off ice.
(e) Appropriation of Property dated September 24, 1973 as set forth in
a Commissioner'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. I(X)5 in said
Clerk's Office.
(f) 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 Clerk's Office.
8. Easement dated December 4. 1978 given by Bernard C. Stuhr to New
York State Electric & Gas Corporation recorded in Book 568 of Deeds at
page 616.
9. The condition and covenant set forth in the deed to the Town of Ithaca referred
to below to the effect that the County of Tompkins shall in no event be held liable
for any defect in the title conveyed for any cause whatsoever, nor does the County
warrant as to the accuracy of the parcel description, location, or size, and that no }
claim or demand of any nature arising from any proceedings relating thereto shall
• ever be made against the County of Tompkins,
Recital in this deed of any of the foregoing easements, agreements, or appropriations is
not intended to revive any rights or easements which have expired by virtue of their terms, non-
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user, or latches.
TOGETHER WITH
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
described above, including any rights of reverter of same.
BEING the same premises conveyed to the party of the first part by deed of Tompkins
County dated April 7. 1999, recorded in said Clerk's Office April A, 1999, in Book 843 of Deeds
at Page 249.
SUBJECT TO the following covenants that shall run with the land and he binding upon
the Grantee, its legal successors, heirs and assigns:
1. condition of Title. The title conveyed hereunder is the same title that was
received by the Grantor. The Grantor will not be required to undertake any
corrective title work with respect to any matter that affected the title to the above
described property (the "Property") prior to the Grantor receiving title. Grantor
will not he required to take any corrective action with respect to any title matter
that occurred subsequent to the Grantor acquiring title except for any defects in
title created by the Grantor's own actions. Without limiting the foregoing, the
parties agree Grantee is responsible for any outstanding real property taxes,
interest, and penalties, including the 1999 Town and County taxes. regardless of
whether the same accrued before or during the period of ownership of Grantor,
and title is transferred subject to the lien of such outstanding amounts.
2. Condition of Property. Grantee agrees to accept the condition of the Property "as
is". Grantor makes no warranty or representation of any nature whatsoever as to
the physical condition of the Property, the existence or non-existence of any
hazardous materials on the Property, or as to any other matter.
3. lndemnit. Grantee agrees to indemnify and hold the Grantor harmless from any
and all damages, penalties, claims or liabilities of any nature whatsoever arising
.out of the Grantor's ownership of the Property, including without limitation claims
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for death, bodily mlury. and/or property damage, and claims for breach of any
environmental laws by reason of the existence of haiardous or toxic substances
being located on the Property prior to, during, or after the Grantor's period of
ownership. This indemnity includes payment by the Grantee of any litigation
costs, including attorneys' and experts' fees, incurred by the Grantor in defense
of any action involving any claims set forth above. This indemnity dos not,
however, relieve the Grantor lot any liability haled upon the negligence or willful
act of the Grantor, its officials, employees, or agents.
4. City lase of Land, The Grantee agrees that unless the Grantor otherwise agrees
in writing Grantee will use the Property solely and only for passive park land
purposes. For this purpose "passive park land" means uses for public trails,
woodlands, hiking, and similar uses which do not require significant alteration of
the physical characteristics of the Property or intensive use by groups of people,
There will be no athletic Gelds, no structures (other than small structures to house
equipment and no larger than IM square feet in area and no taller than iQ feet),
minimal parking areas, and no lights other than in the parking area itself, and
minimal alterations in the physical characteristics of the Property, such minimal
alterations to be such things as trail beds and similar types of activities which will
promote passive use of the area by the public, To the extent reasonably possible
existing trees and vegetation shall be maintained.
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� lI6LR � PACE 28
IN PRESENCE OF:
TOWN OF ITHACA, Grants
By: CAItt-c.;a.
Catherine Valentino, Town Supervisor '
STATE OF NEW YORK
ss.: .
COUNTY OF TOMPKINS :
On the 10th day of November in the year 1999 before me, the undersigned, a Notary
Public in and for said State, personally appeared Catherine Valentino personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in her
capacity, and that by her signature on the instrument, the individual, or the person upon behalf
of which the individual acted, executed the instrument.
0 N"y► ic. $ e DNA "[Cr ',"'
No. 025MIGOM No Public
Gueffftd in Um 9*k" Soptem�wr � 20 J.
The Grantee hereby agrees to the conditions and the obligations set forth in Schedule A
pertaining to the Grantee and hereby signs this I)ecd as evidence of such agreement.
CITY OF ITHACA, Grantee
By:
Alan Cohet , Mayor
STATE OF NEW YORK .
. ss.:
COUNTY OF TOMPKINS :
On the 10th day of November in the year 1999 before me, the undersigned, a Notary
Public in and for said State, personally appeared Alan Cohen personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
FATft1MDt M cs/�1ruO I
N"yFWDD State of Now York —_
&M"ed Notary Public —
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