HomeMy WebLinkAbout451237-004Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 7
Receipt No. 451237
DATE: 03/30/2004
Time: 02:34 PM
Document Type: DEED
INSTRUMENT NUMBER
*451237-004*
Delivered By: BARNEY GROSSMAN DUBOW IV
Return To:
BARNEY GROSSMAN DUBOW MARCUS
SENECA BUILDING WEST SUITE 400
119 EAST SENECA STREET
ITHACA, NY 14850
Parties To Transaction: COLLE - ITHACA, TOWN OF (2)
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
Mortgage Information
Mortgage Amount:
Basic Mtge. Tax:
RETT No: 01978 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
Tompkins County Clerk
11111111111111111111111111111111111111111111111111111111111
WARRANTY DEED
WITH LIEN COVENANT
Recording Fees: W 9 -oc)
Return to: BARNEY, GROSSMAN, DUBOW & MARCUS
Seneca BuildinSWest, Suits400
119 E. Seneca Street
Ithaca, New York 14850
Attorney: �(o�n C &fA- W
THIS INDENTURE made this 29th day of March, 2004, Re' - C ��� �� �`��' ' P. r�
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, 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 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:
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.
Town of Ithaca Colle-Baldwin Parcel Deed; Hal; Jennifer; MyFiles; Closing Documents; March 26, 2004 (4:18PM)
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 in the northerly or northeasterly line of New York State Route 79 at the
southerly most corner of premises reputedly of Theisen (Liber 678 of Deeds at Page 11), which point of
beginning is located South 36' 1 F 50" East 175.00 feet along the said northerly or northeasterly line of
New York State Route 79 from its intersection with the former extended centerline of Pine Tree Road as
shown on the Reagan Land Surveying survey map referred to below; thence running the following courses
and distances:
1. South 36' 1 F 50" East a distance of 381.22 feet to a pont marking the most westerly
point of premises reputedly of Antal (Liber 691 of Deeds at Page 137);
2. North 49' 26' 26" East, passing a survey pin with cap at 31.34 feet, a total distance of
352.81 feet to a point marked by an iron pipe;
3. South 33 ° 53' 53" East a distance of 214.49 feet to a point marked by an iron pipe;
4. North 50' 02' 57" East a distance of 265.00 feet to a point marked by a set iron pin and
cap;
5. South 39 ° 55' 30" East a distance of 90.08 feet to a point marked by an iron pin; thence
North 50' 04' 30" East a distance of 485.51 feet to a point marked by an iron pin;
6. North 24' 30" 10' West, passing through iron pins with caps at 35.56 feet and 135.31
feet, and an iron pin at 219.59 feet, a total distance of 273.36 feet to a pin in concrete;
7. North 07 ° 04' 08" East along the west line of several lots in the Eastern Heights
Subdivision and in part along the west line of other premises of the Town of Ithaca (Liber
473 of Deeds at Page 986) a total distance of 1,022.99 feet to a point marked by an iron pin
in the northerly line of Military Lot 98 in said Town, being in the southerly line of premises
reputedly of the Frank C. Baldwin Trust (Liber 743 of Deeds at Page 107);
8. North 82 ° 48' 24" West along the northerly line of Military Lot 98 a distance of 106.51
feet to a point marked by an iron pipe set in the northeasterly corner of other premises of
the Town of Ithaca (Liber 445 of Deeds at Page 772);
9. South 07' 1 F 36" West a distance of 100.00 feet to a point marked by an iron pin;
10. North 82 ° 48' 24" West a distance of 100.00 feet to a point marked by an iron pin with
cap;
El
Town of Ithaca Colle-Baldwin Parcel Deed; Hal; Jennifer; MyFiles; Closing Documents; March 26, 2004 (4:18PM)
11. North 83 ° 34' 12" West a distance of 378.30 feet to a point marked by an iron pin;
12. South 07 ° 04' 08" West a total distance of 687.33 feet to a point marked by an iron pin
in the northeasterly corner of Parcel "J" as shown on the Reagan Land Surveying map
referred to below;
13. North 82 ° 48' 24" West along the northerly line of Parcel "J" a distance of 383.72 feet
to a point marked by an iron pipe;
14. South 07 ° 05' 10" West along the westerly line of Parcel "J" a distance of 99.88 feet
to a point marked by an iron pipe;
15. South 82 ° 24' 48" East a long the southerly line of Parcel "J" a distance of 383.75 feet
to a point marked by an iron pin;
16. South 070 04' 08" West a distance of 349.16 feet to a point marked by an iron pin;
17. North 82' 48' 224" West a distance of 383.86 feet to a point marked by an iron pipe
at the northeasterly corner of the Theisen premises referred to above;
18. South 07' 05' 35" East along the easterly line of said Theisen premises a distance of
188.30 feet to a point marked by an iron pin;
thence South 53 ° 48' 10" West along the southeasterly line of said Theisen premises, passing through an
iron pin at 175.00 feet, a total distance of 208.00 feet to the point or place of beginning.
EXCEPTING and RESERVING THEREFROM a strip of land adjoining the easterly line of the
above described premises which strip of land is being conveyed by the Grantors herein to the Grantee
herein by separate instrument intended to be recorded concurrently herewith, the description in which deed
is incorporated herein by reference..
SUBJECT TO the following:
1. The rights of the public in and to that portion of the above described premises as lies within the
bounds of the public highway.
2. Easement granted by John L. Marion to New York State Electric & Gas Corporation by
instrument dated October 1, 1952, recorded December 11, 1952 in the Tompkins County Clerk's Office
in Liber 354 of Deeds at Page 512, insofar as the same may affect the above described premises.
3. Easement granted by John L. Marion to New York State Electric & Gas Corporation by
instrument dated July 7, 1954, recorded October 23, 1954, in the Tompkins County Clerk's Office in Liber
372 of Deeds at Page 337.
4. Twenty foot easement for water main and other rights granted by John L. Marion and
Town oflthaca Colle-Baldwin Parcel Deed; Hal; Jennifer, MyFiles; Closing Documents; March 26, 2004 (4:18PM)
Hermingarde Marion to the Town of Ithaca by instrument dated July 9, 1963, recorded in the Tompkins
County Clerk's Office in Liber 445 of Deeds at Page 772.
5. 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).
6. Such additional public utility easements and rights of way of record as affect the above
described premises.
The premises conveyed are subject to the following restrictions:
1. The premises will not be developed, but may be used by the Grantee for park purposes,
provided, however, the land will not be developed and will remain substantially as a wilderness area open
for people and animals. Uses or facilities that are permitted and are deemed to be in furtherance of the
above purposes include:
(a) Walking trails, including paths and other forms of pedestrian (including cross-
country skiing) access from various points in the neighborhood to the conveyed
premises and to the Pew Trail;
(b) Nature trails in and through the conveyed premises for hiking and other various
forms of passive recreational activities including those referred to below;
(c) Stormwater detention facilities including ponds, wetlands, swales, damns, pipes,
drains, and other similar and associated facilities;
(d) Picnic areas with usual facilities including tables, benches, waste disposal
containers, grills, fireplaces, pole -type roofed structures such as pavilions, and other
similar or customary facilities;
(e) A planned Shirley Raffensperger picnic pavillion and related facilities;
(f) Areas for parking motor vehicles, with the expectation that such areas will be
located to the extent feasible in areas reasonably close to existing public roads;
(g) Benches, gazebos, and other small structures for sitting and viewing;
(h) Informational and/or interpretive signs identifying various features, vegetation,
animal habitats, historical items, and similar matters;
(i) Bird houses and feeding facilities;
(j) Environmentally sensitive maintenance of meadows, selective tree cutting
particularly to enhance views, remove diseased vegetation, or to enhance animal or
plant habitats;
(k) Landscaping enhancements including addition of native plants and clearing of
diseased vegetation;
(1) Cleared play areas, particularly near the water tank, to allow recreational activities
such as throwing balls, frisbees, and other similar types of activities
(m) Informal playfields for use for pick-up type games of soccer, baseball, touch
football, and similar activities, such playfields to minimize fencing as much as
n
Town of Ithaca Colle-Baldwin Parcel Deed; Hal; Jennifer, MyFiles; Closing Documents; March 26, 2004 (4:18PM)
possible consistent with safe practices (e.g. a backstop might be appropriate,
outfield fences would normally not be considered part of an informal playfield); and
(n) Passive recreational activities such as hiking, cross-country skiing, jogging, bird -
watching, plant exploration, and similar types of activities.
2. No public use of motor vehicles will be permitted on the premises conveyed.
3. No hunting shall be permitted on the premises conveyed.
4. Grantee shall put up suitable borders between the trail parcel and the residential properties
adjacent to the trail on the east.
The above described parcel are all of "Parcel J" and a portion 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 herewith.
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.
7
Town of Ithaca Colle-Baldwin Parcel Deed; Hal; Jennifer; MyFiles; Closing Documents, March 26, 2004 (4:18PM)
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, 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:
ROYAL D. COLLE
TOMPKINS TRUST COMPANY, Trustee
Catherine Haupert, Trust Officer
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 Parcel Deed; Hal, Jennifer; MyFiles; Closing Documents, March 26, 2004 (5:36PM)
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 the individual acted, executed the
instrument. n n /-1-)
N
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss.:
JOHN C. BARNEY
Notary Public, State of New York
No. 02BA0166985
Qualified in Tompkins County
Term Expires September 30, 20 Q5--
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 the individual acted, executed the
instrument. n /--�
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, 20p
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 the individual 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
3