HomeMy WebLinkAbout260364-001LEER 28 P 27%RANT OF RESTRICTIVE COVENANT
Made this /o'� day of Arai 1985, by James Iacovelli
of /41 Kendall Avenue, Ithaca, New York, hereinafter called
"Grantor";
TO THE TOWN OF ITHACA, a Municipality within the County of
Tompkins and State of New York.
WHEREAS, the Grantor is the owner of real property on the
northerly side of Kendall Avenue in said Town of Ithaca
designated as Ithaca Land Company Lots 194, 195 and 196 and
Ithaca Land Company Lots 130 and 131 on Maryland Avenue in said
Township, and which properties are now designated on the Town of
Ithaca Tax Map as #E54-4-30, 54-4-31, 54-5-37 and a portion of
54-5-38.
AND WHEREAS, the Grantor desire to construct a dwelling on
these parcels;
AND WHEREAS, said property is situated in an R-9 Zone under
the current Town of Ithaca Zoning Ordinance as readopted,
amended and revised as of February 12, 1968, dwellings of no
more than two-family Size lots no smaller than 9,000 square feet
being permitted in this Zone (although it is recognized that
dwellings could be legally erected on each of the above
mentioned Ithaca Land Company lots by virtue of the existence of
this subdivision prior to the Zoning enactment);
AND WHEREAS, the Grantor desires to obtain authority for
construction of two buildings to incluoe two dwelling units,
with two units in each building each having one unit containing
a
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LeER 28 rAGE 273
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four bedrooms and one unit with three bedrooms and he is willing
to and has himself offered to devote and dedicate the five
Ithaca Land Company lots mentioned above to this proposed
building;
NOW THEREFORE, in consideration of the premises and of the-1
grant by the Town of Ithaca Board of. Zoning Appeals of a
Variance to authorize the use of the two proposed buildings each
as a two apartment dwelling, no other consideration herefor
being given or intended, the Grantor does hereby impose upon
said real property An said premises described, viz., the Ithaca
Land Company lots 194, 195, 196, 130, and 131 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. Said land shall not be subdivided, but shall remain
intact as part and parcel with the said dwelling proposed to be
constructed thereon.
2. No building or improvement other than an accessory
building or improvement permitted under the then -applicable
Zoning Ordinance shall be constructed upon any other part of
said premises.
3. The proposed dwelling shall not be enlarged nor made
into more apartments or dwelling units then the,four permitted
by the 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.
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um 28 ma 274
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4. In any event this entire parcel shall henceforth'b$
deemed fully subject to the Town of Ithaca Zoning Ordinance
rather than any part thereof retaining any status as a
Pre-existing subdivision lot.
IN WITNESS WHEREOF the Grantor has hereunto set his hand
and seal as of the day and year last above written.
AAM
??6Aa8WLL
Town of Ithaca
Tax Parcel 54-4-30, 54-4-31, 54-5-37
and a portion of 54-5-38
STATE OF NEW YORK )
COUNTY OF TOMPKINS) SS:
On this /0"6 day of .A& i 1 , 1985, before ite, the
subscriber, personally appeared JAMES IACOVELLI to me known and
known to me to be the same person described in the who executed
the within Instrument and he duly acknowledged to me that he.
executed the same.
Notary u c
MWAM A. MWA
Qe455223M 7 mpka Camp,
. agres M&Mh 30,1986
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