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HomeMy WebLinkAbout451237-003Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 INSTRUMENT NUMBER *451237-003* No. of Pages: 5 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: 02:36 PM Document Type: DEED Parties To Transaction: COLLE - ITHACA, TOWN OF Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mortgage Information Mortgage Amount: Basic Mtge. Tax: RETT No: 01977 Special Mtge. Tax: Additional Mtge. Tax: State of New York 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 11111111111111111111111111111111111111111111111111111111111 y3-oo DUBOW&MARCUS WARRANTY DEED Seneca Building West, Suits400 WITH LIEN COVENANT 119 E. Seneca Street Ithaca, New York 14850 Attorney: _ . THIS INDENTURE made this 29th day of March, 200#e: _ <otkL Between: ROYAL D. COLLE, of 121 Pine Tree Road, Ithaca, New York 14850, and TOMPKINS TRUST COMPANY as Trustee of the FRANK C. BALDWIN JR. TRUST, u/a dated April 15, 1994 , of 149 Pine Tree Road, Ithaca, New York 14850, parties of the first part and The TOWN OF ITHACA, aNew 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 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, its successors and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, and being more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof. BEING a portion of the premises conveyed to the Grantors herein by the following deeds: 1. Deed from Janice M. Womble and Melvin J. Marion as Co -Executors of the Estate of John L. Marion, to Frank C. Baldwin, Jr., Royal D. Colle and Hermogenes J. Mecenas, dated January 12, 1984, recorded February 7, 1984 in the Tompkins County Clerk's Office in Liber 599 of Deeds at Page 800; 2. Deed from Hermogenes J. Mecenas to Frank C. Baldwin, Jr. and Royal D. Colle, dated July 18, 1985, recorded October 16, 1985 in the Tompkins County Clerk's Office in Liber 612 of Deeds at Page 1022, as corrected by Deed of Correction given by Hermogenes J. Mecenas to Frank C. Baldwin, Jr. and Royal D. Colle, dated January 6, 1995, recorded January 13, 1995 in the Tompkins County Clerk's Office in Liber 743 of Deeds at Page 101; 3. Deed 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 Liber 743 of Deeds at Page 103. Pursuant to the terms of Frank C. Baldwin, Jr. Trust agreement dated April 15, 1994 , Frank C. Baldwin, Jr., as Trustee of the Frank C. Baldwin, Jr. Trust is expressly authorized to sell, transfer and convey real property held in the trust on such terms and conditions as Trustee may determine. TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises. Town oflthaca Colle-Baldwin Trail Deed; Hal; Jennifer, MyFiles; Closing Documents; March 26, 2004 (4.02PM) SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being a part of Military Lot Number 98 in said Town, and being more particularly described as follows: COMMENCING at a point marked by an iron pin with survey cap and pipe in the north line of Military Lot 98 in said Town, said point of beginning being located North 07 ° 04' 08" East a distance of 149.65 feet from a northwest corner of an unopened portion of Regency Lane, and which point of beginning is on the south line of property reputedly owned by Frank C. Baldwin Trust (743 Deeds 107); running thence from said point of beginning the following courses: 1. South 07 ° 04' 08" West in part along the west line of other premises of the Town of Ithaca (Liber 473 of Deeds at Page 986) and along the west line of several lots in the Eastern Heights Subdivision a total distance of 1,022.99 feet to a point marked by a pin in concrete; 2. South 24 ° 30" 10' East a distance of 273.36 feet to a pin in the most northerly corner of premises reputedly of Ngate (Liber 673 of Deeds at Page 99), which premises are designated as Parcel `O' on the Reagan Land Surveying survey map referred to below; 3. South 50' 04' 30" West along a northwesterly line of Ngate a distance of approximately 62.24 feet to a point; 4. North 24' 30' 10" West on a line parallel with, and 60 feet distant from, course number 2 above a distance of approximately 310 feet to a point; 5. North 07 ° 04' 08" East on a line parallel with, and 60 feet distant from, course number 1 above a distance of approximately 1045 feet to the north line of Military Lot 98 at a point in the south line of property reputedly owned by said Baldwin Trust (743 Deeds 107); 6. South 82' 48' 24" West along said Military Lot Line and the south line of said Baldwin Trust a distance of 60 feet to the point or place of beginning. SUBJECT TO easements to be granted substantially concurrently with, or prior to, the delivery of the deed transferring the above property for (i) an access driveway from Regency Lane west and then north to the Town of Ithaca Water Tank parcel (Liber 445 of Deeds at Page 772); and (ii) a water line easement running from said pump station parcel (Liber 473 of Deeds at Page 985) to the Water Tank parcel (Liber 445 of Deeds at Page 772). The above described parcel is a strip of land out of the east part of Parcel R as shown on a survey map entitled "RESURVEY MAP LANDS OF THE FRANK C. BALDWIN JR., TRUST AND ROYAL D. COLLE, LOT 98, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, `FORMERLY THE ESTATE OF JOHN L. MARION,"' dated May 1, 2002, made by Reagan Land Surveying, Michael J. Reagan, L.L.S., a copy of which is intended to be filed with the Tompkins County Clerk's Office concurrently with the recording of the deed conveying the parcel. 0 Town of Ithaca Colle-Baldwin Trail Deed; Hal; Jennifer: MyFiles; Closing Documents; March 26, 2004 (4:02PM) BEING a portion of the premises conveyed to the Grantors herein by the following deeds: 1. Deed from Janice M. Womble and Melvin J. Marion as Co -Executors of the Estate of John L. Marion, to Frank C. Baldwin, Jr., Royal D. Colle and Hermogenes J. Mecenas, dated January 12, 1984, recorded February 7, 1984 in the Tompkins County Clerk's Office in Liber 599 of Deeds at Page 800; 2. Deed from Hermogenes J. Mecenas to Frank C. Baldwin, Jr. and Royal D. Colle, dated July 18, 1985, recorded October 16, 1985 in the Tompkins County Clerk's Office in Liber 612 of Deeds at Page 1022, as corrected by Deed of Correction given by Hermogenes J. Mecenas to Frank C. Baldwin, Jr. and Royal D. Colle, dated January 6,1995, recorded January 13, 1995 in the Tompkins County Clerk's Office in Liber 743 of Deeds at Page 101; 3. Deed 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 Liber 743 of Deeds at Page 103. Town of Ithaca Colle-Baldwin Trail Deed; Hal; Jennifer; MyFiles; Closing Documents; March 26, 2004 (4: 02PM) 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 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. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals the day and year first above written. IN PRESENCE OF: -p, ROYAL D. COLLE TOMPKINS TRUST COMPANY, Trustee By: Catherine Haupert, Trust Offi er The undersigned, Grantor of the Frank C. Baldwin, Jr. Trust, hereby authorizes, consents, and requests the Tompkins Trust Company as Trustee to make the conveyances set forth above and hereby ratifies and confirms said conveyances in full. FRANK C. BALDWIN, JR. 2 Town of Ithaca Colle-Baldwin Trail Deed; Hal; Jennifer; MyF:les; Closing Documents; March 26, 2004 (5:33PM) STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.: On the 26th day of March, in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Catherine Haupert, 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 tbz�individual acted, executed the instrument. STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.. Notaiv Public JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 Qualified in Tompkins County Term Expires September 30, 20 `i On the 29th day of March, in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared ROYAL D. COLLE, 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 �N individual acted, executed the instrument. (�C"----� Not Public JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 STATE OF NEW YORK) Qualified in Tompkins County,S COUNTY OF TOMPKINS) ss.. Term Expires September 30, 20 __.. On the 29th day of March, in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared FRANK C. BALDWIN, JR., 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 capacities and that by his signature on the instrument, the individual, or the person upon behalf of which thp4ndividual acted, executed the instrument. Notary/]Public JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 Qualified in Tompkins County Term Expires September 30, 20 3