HomeMy WebLinkAbout430253-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 5
Receipt No. 430253
DATE: 04/09/2003
Time: 15:43
Document Type: DEED
Parties To Transaction: FOYER
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No: 02018
INSTRUMENT NUMBER
*430253-001 *
Delivered By: BARNEY GROSSMAN DUBOW N
Return To:
Mortgage Information
Mortgage Amount:
Basic Mtge. Tax:
Special Mtge. Tax:
Mortgage Serial No.:
State of New York
Tompkins County Clerk
This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real
Property Law of the State of New York. DO NOT DETACH
e vz,-t- -
Tompkins County Clerk
111111111111111111111111111111111111111111111111111111111111N
WARRANTY DEED
WITH LIEN COVENANT
THIS INDENTURE made this 31 st day of March, 2003
Between: KENNETH A. POYER and CATHY A. POYER, individually and as tenants by
the entirety, both of 206 Dubois Road, Ithaca, New York, 14850,
Parties of the first part,
and The TOWN OF ITHACA, a New York Municipal Corporation, with offices at
215 North Tioga 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
Dollar ($1.00), lawful money of the United States, and good and valuable consideration, paid by
the party of the second part, do hereby grant and release unto the party of the second part, its
successors and assigns forever,
ALL THOSE TRACTS OR PARCELS OF LAND situate in the Town of Ithaca,
Tompkins County, New York, being located adjacent to Dubois Road, and being more
particularly described as follows:
PARCEL 1
BEGINNING at a point marked by a #5 rebar with a plastic cap stamped "MacNeill PC
#34035" set in westerly line of Dubois Road, said point being located South 75 degrees 00' 10"
west, a distance of 25.00 feet from a point in the center line of said Dubois Road, said point in
the center line also being located North 14 degrees 59' 50" West as measured along said center
line a distance of 531.42 feet from the intersection of said center line and the center line of
Orchard Hill Road; and said point of beginning being at the northeast corner of Lot 2 as shown
on the Poyer subdivision map made by John S. MacNeill, last dated February 10, 1992
hereinafter referred to; thence South 75 degrees 00' 10" West along the proposed southerly line
of said new 60.00 foot wide roadway a distance of 300.00 feet to a point marked by a #5 rebar
with a plastic cap stamped "MacNeill PC #34035" set at a point of curvature in said line; thence
westerly and northwesterly along said line, along the arc of a circle to the right having a radius of
360.00 feet and a central angle of 46 degrees 15' 00" an arc distance of 290.60 feet to a point
marked by a #5 rebar with a plastic cap stamped "MacNeill PC #34035" set at a point of reverse
curvature in said line; thence westerly and southwesterly along said line, along the arc of a circle
to the left having a radius of 24.21 feet and a central angle of 58 degrees 39' 16" an arc distance
of 24.78 feet to a point marked by a #5 rebar with a plastic cap stamped "MacNeill PC #34035"
set at a point of reverse curvature in the aforesaid southerly line of the proposed 60.00 foot wide
roadway; thence westerly and northerly and easterly and southeasterly along the boundary of a
turn -around, along the arc of a circle to the right having a radius of 80.00 feet and a central angle
of 297 degrees 18' 3 1 " an arc distance of 415.12 feet to a point marked by a #5 rebar with a
plastic cap stamped "MacNeill PC #34035" set at a point of reverse curvature in said line; thence
southerly and southeasterly along the northerly line of said proposed roadway along the arc of a
circle to the left having a radius of 24.21 feet and a central angle of 58 degrees 39' 16" an arc
distance of 24.78 feet by a point marked by a #5 rebar with a plastic cap stamped "MacNeill PC
#34035" set at a point of compound curvature in said line; thence southeasterly and easterly
along a line parallel to and 60.00 feet northerly from the second described line of this
description, along the arc of a circle to the left having a radius of 300.00 feet and a central angle
of 46 degrees 15' 00" an arc distance of 242.16 feet to a point marked by a #5 rebar with a plastic
cap stamped "MacNeill PC #34035" set at a point of tangency of said line; thence north 75
degrees 00' 10" east along the northerly line of the proposed roadway, and along a line parallel to
and 60.00 feet northerly from the first described line above, a distance of 300.00 feet to a point
marked by a #5 rebar with a plastic cap stamped "MacNeill PC #34035" set in the aforesaid
westerly line of Dubois Road at the southeasterly corner of Lot #1 as shown on the Poyer
Subdivision map hereinafter referred to; thence south 14 degrees 59' 50" east along said westerly
line of Dubois Road, a distance of 60.00 feet to the point or place of beginning.
TOGETHER with all right, title and interest, if any, of the grantor, in and to any lands
lying between the easterly boundary as described above and the center line of Dubois Road.
It is the intention to describe the road and cul-de-sac shown on the subdivision map
hereinafter referred to. The conveyance of Parcel 1 is for highway and other related (including
utility line and access) general municipal purposes.
PARCEL 11.
BEGINNING at a point in the westerly line of the cul-de-sac included in the description
of Parcel 1 above, all as shown on the map referred to, which point is at a southeast corner of Lot
9 as shown on the map referred to hereinafter; thence south 76 degrees 16' 04" west along the
south line of Lot 9, a distance of 86.80 feet to a point in the westerly line of the premises
conveyed to the grantors herein by deed of O'Connor & Hewitt, hereinafter referred to; thence
south 20 degrees 02' 0 1 " east a distance of 20.47 feet to a point; thence south 19 degrees 26' 51"
east approximately 41 feet to a point; thence north 76 degrees 16' 04" east on a line 60 feet
southerlyfrom and parallel to the first above described course a distance of approximately 120
feet to the point where said line intersects the boundary of said cul-de-sac; thence on the arc of
the cul-de-sac northwesterly and northerly to the point or place of beginning.
It is the intention to describe and to convey the parcel denominated "60 foot road
reservation for future development" which includes a " 20 foot wide utility easement" as shown
on the map hereinafter referred to. The conveyance of Parcel II is to provide lands for the future
highway and general municipal purposes, it being understood that the municipality is not at this
time opening any road or conducting any road on said premises.
PARCEL III
BEGINNING at a point in the westerly line of Dubois Road opposite a point in the center
line of Dubois Road which point in the center line is south 14 degrees 59' 50" east 150.46 feet +
from the intersection of the center line of Dubois Road with the center line of Orchard Hill
Road; running thence from said point of beginning southwesterly and thence on a curve
northwesterly and thence northwesterly along the westerly line of a 60.00 foot right of way
denominated "R.O.W. for access to remainder of parcel", as shown on the survey map as revised
February 10, 1992 hereinafter referred to, to a point in a southerly line of Lot #8 as shown on the
survey map hereinafter referred to, which point is southwesterly a distance of 39.45 feet + from
the southeasterly corner of said Lot #8; running thence running south 75 degrees 00' 10" west
and along the southerly line of Lot #8 and Lot #10 a distance of 218.63 feet + to a point, which
point is on a line parallel to and 20 feet easterly of the west line of the premises described in the
deed to the grantors referred to hereinafter; running thence northwesterly on said line parallel to
and 20 feet easterly of the west line of the premises so conveyed to the grantors a distance of
approximately 955 to a point in the south line of the premises reputedly owned by Autio (tax
parcel No. 23-1-11.112); running thence north 89 degrees 01' 47" west along the south line of
Autio and the north line of premises conveyed to the grantors by deed referred to below a
distance of approximately 22 feet to the pipe at the northwest corner of the premises so conveyed
to the grantors herein which pipe is also the northeast corner of the premises reputedly owned by
Page (426/529); running thence along the west line of the premises conveyed to the grantors
herein south 20 degrees 02' 0 1 " east 320.47 feet to a pipe; running thence south 19 degrees 26'
5 1 " east 338.91 feet to a pipe; running thence south 19 degrees 14' 17" east passing through an
iron pipe at a distance of 300.41 feet a distance of approximately 320.4 to a point; running
thence north 75 degrees 00' 10" east on a line parallel to and 20 feet southerly from the south
lines of said Lot 10 and a part of Lot 8 as shown on the map hereinabove referred to, a distance
of approximately 218.63 feet to a point, which point is located 20 feet westerly from the last line
described in the first course herein described; running thence southeasterly and thence on a
curve southeasterly and thence northeasterly to the west line of Dubois Road, said line being
parallel to and 20 feet from the first course hereinabove described; running thence northwesterly
along the west line of Dubois Road a distance of approximately 20 feet to the point or place of
beginning.
TOGETHER with all right, title and interest, if any, of the grantors in and to any lands
lying between the easterly boundary as described above and the center line of Dubois Road.
It is the intention of this parcel to describe the premises shown as a "20 foot trail R.O.W.
" on the map as revised February 10, 1992 hereinafter referred to, the description of this Parcel
III including a 20 foot strip off the west end of Parcel II. The conveyance of this 20 foot wide
strip of land is in fee simple for general municipal purposes including trail use, municipal
services, utility services, access, and any other purpose deemed appropriate or advisable by the
grantee.
All three parcels are subject to the following insofar as they affect any one or more of the
parcels;
1. Rights of way conveyed to New York State Electric and Gas Corporation by
Agreement recorded in the Tompkins County Clerk's Office in Book 350 of Deeds at page 270
and Book 366 of Deeds at Page 26.
2. Rights of way conveyed to New York State Electric and Gas Corporation for gas pipe
lines recorded in Book 431 of Deeds at Page 59 and Book 431 of Deeds at Page 60.
3. Rights of way conveyed to New York State Electric and Gas Corporation recorded in
Book 442 of Deeds at Page 690 and Book 443 of Deeds at Page 11 insofar as the same may
apply to the above described premises.
BEING a portion of the premises conveyed to Kenneth A. Poyer and Cathy A. Poyer by
deed from O'Connor and Hewitt, a partnership, dated November 4, 1988, recorded in the
Tompkins County Clerk's Office on November 4, 1988, in Book 641 of Deeds at Page 644.
The above described premises are shown on a map of the Ken Poyer Subdivision entitled
"Ken Poyer" Client, and "Poyer Subdivision" project made by John S. MacNeill, Jr., PC, dated
September 13, 1988, approved by the Town of Ithaca Planning Board on December 6, 1988, and
approved by the Tompkins County Health Department on March 15, 1989, a copy of which map
was filed in the Tompkins County Clerk's Office on March 20, 1989 in Drawer M at sheet 98.
Said map was revised on February 10, 1992 and approved by the Planning Board of the Town of
Ithaca on April 13, 1992 and filed in the Tompkins County Clerk's Office on April 27, 1992 in
Drawer Q at sheet 130, which map is incorporated herein by reference.
TOGETHER with the appurtenances and all the estate and the 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, its successors and assigns forever.
AND said parties of the first part covenants as follows:
FIRST: That the party of the second part shall quietly enjoy the said premises.
SECOND: The 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 grantors 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 purposes 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 hereunder set their hands and
seals the day and year first written above.
IN THE PRESENTS OF: !T
XIAETH A. POYER
C'nj�' a P 0-�
CATHY A. P YER
STAE OF NEW YORK )
)ss
COUNTY OF TOMPKINS )
On this V day of Mo. rcA/2003, before me, the undersigned, personally appeared
Kenneth A. Poyer and Cathy A. Poyer personally known to me or proved to me on t asis o
satisfactory evidence to be the individuals whose names are subscribe t wi ' ' str nt,
the individuals, and acknowledged to me that they executed the s in is c ty, that by
their signature on the instrument, the individuals, or the 0 o e w ' the
individuals acted, executed this instrument. -.04 ,y-;
C
JOSEPH W. ALLEN
Notary Public, State of New York
No. 02AL5000530
fir. Qualified in Tompkins County