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Home My WebLink About445398-002Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 INSTRUMENT NUMBER *445398-002* No. of Pages: 7 Delivered By: BARNEY GROSSMAN DUBOW N Receipt No. 445398 Return To: BARNEY GROSSMAN DUBOW MARCUS DATE: 12/10/2003 SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NY 14850 Time: 15:51 Document Type: DEED Parties To Transaction: YOUNG ------------------------------------------------- ----- ---- - --- ---- ----- --- -- -------- Deed Information Consideration: $15,000.00 Transfer Tax: $60.00 RETT No: 01168 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 at'� 4c Tompkins County Clerk 11111111111111111111111111111111111111111111111111111111111 Town of Ithaca Tax Parcel No. 31.-5-1.2 WARRANTY DEED WITH LIEN COVENANT THIS INDENTURE made this t -7th day of November, 2003, Between: JOHN F. YOUNG, SUSAN M. BARNETT, JAMES R. YOUNG AND JULIE R. YOUNG, of 410 Triphammer Road, Ithaca, New York 14850, parties 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 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 other good and valuable consideration, paid by the party of the second part, do hereby grant and release unto the party of the second part, his heirs, executors, successors, distributees and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at the centerline of Bostwick Road, said point also being 1096 feet, more or less westerly along the center line of Bostwick Road from the intersection of the center line of said Bostwick Road and Seven Mile Drive; Running thence south 25°24'05" west passing through a rebar and cap set at 44.04, a total distance of 194.90' to a point marked by a rebar and cap set; Running thence north 82'13'01" west, a total distance of 195.00' to a point marked by a rebar and cap set; Running thence north 07°46'59" east, along the lands now or formerly of Weiner (215/402) and passing through a rebar and cap set at 210 feet to a point in the center line of Bostwick a total distance of 260 feet; Running thence south 66°04'05" east, along the center line of Bostwick Road a total distance of 240.28' to a point in said center line; REBAR & CAP FOUND pti ~ a WEINER (N/F) 2151402 a S o N W r REBA CAP REFERENCE MAPS ENTITLED rn 1.)"GLENDALE FARM SUBDIVISION EPHRAIM TOMLINSON aI Ill" BY T.G. MILLER P.C., DATED 112511994. _ I- 2.)"LANDS OF JOHN F. YOUNG AND JULIE R. YOUNG Z - BOSTWICK ROAD" BY KENNETH A. BAKER AND DATED 3124199. oFfp \OS' /YiL+ FSo \NO NF Rp 0•, F \� cF N gooRo �R<�il,F �% f / P4, <pCgr�NM Nr �FN 9\ f ARC 24.35' CHORD = " ti S 64'30'17" E 24.35' REBAR & \ CAP SET JOHN, JAMES & JULIE YOUNG AND SUSAN BARNETT �O P/O TAX MAP PARCEL 31. —5-1.2 P/0 DEED BOOK 818, PAGE 190 p 1.006 ACRES NET TO ROAD RIGHT OF WAY VL Q Oh - PROPOSED ' DIVISION LINES N 82'13,01,, �, I --- W 195 00' i REBAR & l- i CAP SET YOUNG ET AL. E1E/190 Surveyor's certificate: To the Town of Ithaca (1) the plat represents a survey made by him, (2) the plat is a correct representation of all exterior boundaries of the land surveyed and the subdivision of it, (3) all monuments indicated on the plat actually exist and their location, size and material are correctly shown, and (4) the requirements of these regulations and New York State laws relating to subdividing and surveying have been complied with. Lee Dresser, L.S., Lic. #050096 T. G. MILLER P.C. ENGINEERS AND SURVEYORS 203 NORTH AURORA STREET P.O. BOX 777 ITHACA, NEW YORK 14851 6/3 /z0L) Date JUN CERTIFICATE OF APPROVAL Approved by Planning Board of Town of Ithaca TITLE: SUBDIVISION MAP PARCEL TO BE CONVEYED TO THE TOWN OF ITHACA LOCATED ON BOSTWICK ROAD TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK DATE: 6/3/2003 IJI:ALL: 1 "=50' 358 20 Chairman WARNING ALTERATION OF THIS MAP NOT CONFORMING TO SECTION 7209, SUBDIVISION 2, NEW YORK STATE EDUCATION LAW, ARE PROHMED BY LAW. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES 1HEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSION SEAL OF THE LICENSED LAND SURVEYOR WHOSE SKMTURE APPEARS HEREON. *'�,L'AtN 10 y'. •' Running thence and continuing along the center line of Bostwick Road on a curve to the right on a chord bearing of south 64'30' 17" east an arc distance of 24.35 feet to the point or place of beginning containing 1.006 acres. THE above described premises are more particularly shown on a survey map entitled "Subdivision Map Parcel to be conveyed to the Town of Ithaca" prepared by T.G. Miller, P.C. dated June 3, 2003 a copy of which is annexed hereto. TOGETHER WITH a permanent easement across the Grantors' lands for such municipal purposes as the Grantee deems necessary or appropriate including but not limited to ingress and egress to the premises hereinabove conveyed, installation and maintenance of a water line and construction of a gravel drive, bounded and described as follows: Beginning at a point in the south line of Bostwick Road at the intersection of said south line and the east line of the premises conveyed herein as described above, said point also being south 25°24'05" west a distance of 25 feet more or less from the center line of Bostwick Road. Running thence south 25°24'05" from said point along the east line of the premises hereinabove conveyed a distance of 73.83 feet to a point; Running thence south 62°2539" east a distance of 106.22 feet to a point; Running thence south 50°52'50" east a distance of 161.75 feet to a point; Running thence north 60°45'31" east a distance of 35.67 feet to a point in the south line of Bostwick Road; Running thence in a northwesterly direction along the south line of the Bostwick Road Right of Way a distance of 296 feet +/- to the point or place of beginning. Reference is hereby made to a map entitled "Permanent Easement through the lands of Tax Parcel No. 31.-5-1.2 Town of Ithaca Water System — Tompkins County, New York" a copy of which shall be attached hereto. SUBJECT TO the rights of the public in, over and across that portion of the above described premises lying within the bounds of said Bostwick Road. SUBJECT TO the following RESTRICTIVE COVENANT: Any transfer by seller of all or any portion of any legal or equitable interest in the seller's premises shall permit only transfer and construction, if any, for purposes and uses currently authorized under the "residence district R30" (sections 18 through 24) of the Town of Ithaca's "Zoning Ordinance and Certain Related Local Laws as of January 27, 1993" on the portion of the parent parcel to be conveyed. In accordance with the residence R30 district, no parcel of the parent parcel shall be subdivided into lots of less than 30,000 2 square feet, with minimum width of 100 feet at the street line and 150 feet width at set -back of 60 feet from the street line and minimum depth of 200 feet. No building or buildings on a lot including accessory buildings shall be erected, alerted or extended to cover more than 10 percent of the lot area and shall be used for other than any of the following purposes: A one -family dwelling occupied by not more than one family with or without one boarder, lodger or other occupant; a two-family dwelling occupied by not more than two families. Other uses permitted and approvals needed are listed in the aforementioned sections of the zoning law for district R30. These restrictions shall be in force for a period of 30 years from August 1, 1993. The above described are conveyed SUBJECT TO utility easements as follows: A pole line easement granted to New York State Electric & Gas Corporation by instrument dated September 11, 1924 and recorded in said Clerk's Office in Liber 5 of Miscellaneous Records at page 264, insofar as it may affect the above described premises. 2. A pole line easement granted to New York State Electric & Gas Corporation by instrument dated in May of 1929 and recorded July 19, 1929 in said Clerk's Office in Liber 218 of Deeds at page 426. A buried cable easement granted to New York Telephone Company by instrument dated November 2, 1969 and recorded in said Clerk's Office in Liber 488 of Deeds at page 361. Being a portion of the premises conveyed to the Grantors herein by deed of the County of Tompkins dated May 5, 1998 and recorded on May 11, 1998 in said Clerk's Office in Liber 818 at Page 290. TOGETHER with the appurtenances and all the estate and 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, his heirs, executors, successors, distributees and assigns forever. AND said parties of the first part covenant as follows: FIRST: That the party of the second part shall quietly enjoy the said premises. SECOND: That 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 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 for 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 part of the total of the same for any other purpose. 3 IN WITNESS WHEREOF, the parties ofthe first part have hereunto set their hands and seals the day and year first above written. IN PRESENCE OF: SUSAN M. BARNETT STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the I7- day of November, in the year 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN F. YOUNG, personally known_ W 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 which the individual I acted, executed the instrument. ,� „ / Notary ublic JAMES R. KING STATE OF NEW YORK ) Notary Public, State of New York COUNTY OF TOMPKINS SS" No. 01 Tompkins Qualified in Tompkis ) ns County Commission Expires July 29, 20� On the day of November, in the year 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared SUSAN M. BARNETT, personally know o 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 pon a of which the individual acted, executed the instrument. Not Public 4 JAMES R. KING Notary Public, State of New York No. 01 K15063619 Qualified in Tompkins County Commission Expires July 29, 200 S Pepitj-si/U►+ouj* C( STATE OF NW�K COUNTY OF T S N,� ss.: r^--� eAo On the day of November, in the year 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES R. YOUNG, 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. Notary Public Notarial Seal eAf 111 f () 19 1U,' a Christine A. Dickinson, Notary Public STATE OF I�EPort Allegany Boro, McKean County SSMy Commission Expires Oct. 3, 2004 .: COUNTY OF r-)C P Member,Pennsylvai',13 ,ssoaationotNotanes On the day of November, in the year 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared JULIE R. YOUNG, 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. Notary Public Notarial Seal 'hristine A. Dickinson, Notary Public )rt Allegany Boro, McKean County Commission Expires Oct. 3, 2004 innnsylvarta Association of Notaries