No preview available
HomeMy WebLinkAbout451237-002No. of Pages: 3 Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 INSTRUMENT NUMBER *451237-002* Delivered By: BARNEY GROSSMAN DUBOW N Receipt No. 451237 Return To: BARNEY GROSSMAN DUBOW MARCUS SENECA BUILDING WEST SUITE 400 DATE: 03/30/2004 119 EAST SENECA STREET ITHACA, NY 14850 Time: 02:32 PM Document Type: MISC RECORDS Parties To Transaction: CERTIFICATE Deed Information Consideration: Transfer Tax: RETT No: State of New York Mortgage Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: Tompkins County Clerk Mortgage Serial No.: 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 �111111111111111111111111111111111111111111111111111111111i Recording Fees: � -�, 00 Return to: BARNEY, GROSSMAN, OUBOW & MARCUS Seneca Building West Suite 400 119 E. Seneca Street nay CERTIFICATE Ithaca, New York 14850 N�5 } r Attorney: a. r, C_ Qcr,k,ti 3 Re: CO%U I (3.,00-- n CiAk. The undersigned, Tompkins Trust Company and Frank C. Baldwin, Jr., hereby certify, represent and warrant as follows to the Town of Ithaca, its heirs, successors, legal representatives, and assigns: Frank C. Baldwin, Jr. is the grantor of a Trust know as the "Frank C. Baldwin, Jr. Trust", which trust is the grantee named in two deeds, one from Frank C. Baldwin, Jr. and Blythe C. Baldwin to the Frank C. Baldwin, Jr. Trust dated January 13, 1995 recorded in the Tompkins County Clerk's Office January 13, 1995 in Book 743 of Deeds at page 107, and one from Frank C. Baldwin, Jr. to the Frank C. Baldwin, Jr. Trust dated January 13, 1995 recorded January 13, 1995 in the Tompkins County Clerk's Office in Book 743 of Deeds at page 103. 2. The Frank C. Baldwin, Jr. Trust was created by a Trust instrument executed the 15' day of April, 1994 by and between Frank C. Baldwin, Jr. as grantor and Tompkins County Trust Company, as trustee, a true and correct copy of which instrument has been supplied to John C. Barney as attorney for the Town of Ithaca. Said Trust Agreement was amended by a document entitled "First Amendment to Trust Agreement (Revocable)" executed June 24, 1998, a true and correct copy of which has also been so supplied to John C. Barney. Hereinafter said Trust Agreement and First Amendment are collectively referred to as the "Trust Agreement". 4. The Trust Agreement has not been further amended, has not been revoked, and remains in full force and effect as of the date of this Certificate. 5. The Trust Agreement contains the following provision: "ARTICLE III The Grantor confers upon the Trustee the following rights and powers, without limitation by reason of specification and in addition to powers conferred by Section 11-1.1 of the Estates, Powers and Trust Law, and by any other law.... Power of Sale B. To sell or otherwise dispose of realty and personalty publicly or privately, wholly or partly on credit..." 6. There are no other provisions limiting the authority of the trustee to dispose of property or requiring any other actions by any persons or parries as a prerequisite to the execution of the deeds to the Town of Ithaca referred to below. 7. The Trust is a revocable trust and may be revoked at any time by the Grantor, Frank C. Baldwin, Jr. 8. Frank C. Baldwin, Jr., has authorized and consented to the conveyances by the Trust to the Town of Ithaca reflected in four instruments to be recorded substantially concurrently with this consent, the first instrument being a Water Main and Permanent Access Easement, the second instrument being a Deed executed in connection with Royal D. Colle for a strip of land approximately 60 feet in width to be included in the Pew Trail, the third a Deed executed in conjunction with Royal D. Colle conveying approximately 23.7 acres to the Town of Ithaca, and the fourth a Deed to the Town of Ithaca conveying a strip of land approximately 60 feet in width for the continuation of the Pew Trail, all located in the Town of Ithaca, Tompkins County, New York. 9. Frank C. Baldwin, Jr. understands that several of the above conveyances are being made as donations to the Town of lands for park, trail, water tank access, water main easements, and related purposes, without payment of any consideration, and desires the Trustee to make such conveyances notwithstanding the Trust is not receiving any consideration for same. Frank C. Baldwin, Jr. has chosen and requested the conveyances to be made in this fashion rather than going through the authorized formality of either revoking the Trust or withdrawing the properties from the Trust and conveying them personally to the Town. 10. This Certificate is made for the benefit of inducing the Town of Ithaca to accept the foregoing instruments, and to pay certain sums to the grantors in conjunction with the transfer of a portion of the Pew Trail. IN WITNESS WHEREOF, the undersigned have executed this Certificate as of the 29`' day of March, 2004. STATE OF NEW YORK ss.: COUNTY OF TOMPKINS Tompkins Trust Company, Trustee By: Catherine Haupert, Tru Officer Frank C. Baldwin, Jr. Zo On the 2119th day of March in the year 2004 before me, the undersigned, personally appeared Catherine Haupert personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf o� which the individual(s) acted, executed the instrument. / 1 „ In lit / JOHN C. BARNEY Notary Public, State of New York / No.02BA0166985 r% Qualified in Tompkins County Term Expires September 30, 20© STATE OF NEW YORK ss.: COUNTY OF TOMPKINS On the 29th day of March in the year 2004 before me, the undersigned, personally appeared Frank C. Baldwin, Jr. personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the pers up n behalf of which the individual(s) acted, executed the instrument. Public JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 Qualified in Tompkins County Term Expires September 30, 20