The URL can be used to link to this page

Home My WebLink About444478-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 3 Receipt No. 444478 DATE: 11 /21 /2003 Time: 14:40 Document Type: DEED INSTRUMENT NUMBER *444478-001 * Delivered By: MONROE - TOMPKINS - WATKIN Return To: MONROE -TOMPKINS - WATKINS Parties To Transaction: T/ITHACA - CASCADE PLAZA Deed Information Consideration: $315,000.00 Transfer Tax: $1,260.00 RETT No: 01034 Mortnaae 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 Tompkins County Clerk 11111111111111111111111111111111111111111111111111111111111 1 ' r r BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS THIS INDENTURE made this 12th day of November, 2003, BETWEEN: TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850, party of the first part, and CASCADE PLAZA LLC, as assignee of ITHACA TOWERS, LLC, with offices at c/o Ciminelli Development Company, Inc., 350 Essjay Road, Williamsville, NY 14221 party of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00/100 Dollars ($1.00), lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors, distributees and assigns forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, Tompkins County, New York, being premises known as 126 East Seneca Street, Ithaca, New York, and being the same premises conveyed to the Town of Ithaca by deed of Security Mutual Insurance Company dated March 17, 1975, recorded March 17, 1975 in the Tompkins County Clerk's Office in Book 542 of Deeds at page 261 and which premises are more particularly shown on a survey map entitled "Survey Map No. 126 East Seneca Street, City of Ithaca, Tompkins County, New York" made by T.G. Miller P.C. dated December 29, 2000, a copy of which is intended to be filed in the Tompkins County Clerk's Office concurrently herewith. According to said map, the said premises may be described as follows: BEGINNING at an iron pin in the north line of East Seneca Street, which point of beginning is 100 feet west along the north line of East Seneca Street from its intersection with the west line of North Tioga Street; 1. thence running south 89' 57' 0" west along the north line of East Seneca Street, 34 feet to P.K. nail; 2. thence running north along the east line of the lands of the M & T Bank (formerly Citizens Savings Bank and earlier Ithaca Savings Bank, 356 of Deeds, page 570), 136 feet to a P.K. nail, said course running in part along the east face of a concrete wall; 3. thence north 89 ° 57' 0" east, 34 feet to a P.K. nail; 4. thence south 136 feet along the center line of an 8 foot right of way to the point or place r of beginning. There is included in this conveyance, and this conveyance is made subject to, the rights of the party of the first part and the adjacent owners in and to the 8 foot strip constituting the 8 foot mutual driveway used in common as a driveway, lane or passageway by the owners of the premises conveyed by this deed and the owners of the premises adjacent on the east as described and provided for in the deed from Floyd-R. Wright to the said Harry B. Hamilton and Maude Hamilton dated April 1, 1913 (180 Deeds 198), except to the extent modified by the agreement between H. B. Hamilton and Maude A. Hamilton and New York Telephone Company dated May 27, 1921, recorded May 11, 1922 in the Tompkins County Clerk's Office in Book 200 of Deeds at page 366 to the extent that said modification remains valid as of the date of this deed. The reference to said modification is not in any way intended to revive any rights related to such modification that may have expired by reason of the statute of limitations, laches, or otherwise. TOGETHER WITH all other appurtenant rights accruing to the owners of the above described premises including, without limitation, the rights for the eaves to drip from the east side of the building now on the premises. TOGETHER WITH all right, title and interest of the grantor in and to that portion of East Seneca Street adjacent on the south of the premises as described above. This conveyance is made subject to the easement for a gas pipe line granted by Tompkins Co -Operative Fire Insurance Co. to New York State Electric& Gas Corp. by instrument dated May 13, 1952 and recorded in said Clerk's Office in Liber 350 of Deeds at page 267. 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, it successors and assigns forever. AND said party of the first part covenants as follows: FIRST: That the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever. SECOND: 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 to 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 parrof the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. IN PRESENCE OF: TOWN OF ITHACA BY: Catherine Valentino, Supervisor Tax Parcel No.: City of Ithaca, 10-61-5-9. STATE OF NEW YORK : ss.. COUNTY OF TOMPKINS : ,1� On the 15 day of November in the year 2003 before me, the undersigned, 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 individuals acted, executed the instrument. Public JOHN C. PARNEY Notary Pub, r t:. of New York No. ;h935 Oualified -s County Term Expires Sepwinuer 30, 20-�