HomeMy WebLinkAbout451237-005Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 9
Receipt No. 451237
DATE: 03/30/2004
Time: 02:35 PM
Document Type: DEED
INSTRUMENT NUMBER
*451237-005*
Delivered By: BARNEY GROSSMAN DUBOW N
Return To:
BARNEY GROSSMAN DUBOW MARCUS
SENECA BUILDING WEST SUITE 400
119 EAST SENECA STREET
ITHACA, NY 14850
Parties To Transaction: TOMPKINS TRUST- ITHACA, TOWN OF
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No
Mortgage Information
Mortgage Amount:
Basic Mtge. Tax:
01979 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
111111111111111111111111111111111111111111111111111111111111
Recording Fees:
Return to: BARNEY, GROSSMAN, DUBOW g MARCUS
Seneca Building West, Suite 400
119 E. Seneca Street
WARRANTY DEED ey:Ithaca, New York 14850
WITH LIEN COVENANT,,- ,t , rN Q t
THIS INDENTURE made this 29th day of March, 2004,
Between: 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,
party 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 party 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, does 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 Grantor herein by deed from Frank C.
Baldwin, Jr. and Blythe C. Baldwin, dated January 13, 1995, recorded January 13, 1995 in the
Tompkins County Clerk's Office in Liber 743 of Deeds at Page 107.
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 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,
its successors and assigns forever.
AND said party of the first part covenants as follows:
FIRST: That the party of the second part shall quietly enjoy the said premises.
SECOND: That said party of the first part will forever warrant the title to said premises.
SCHEDULE A
PARCELI
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, New York, being a part of Military Lot Number 96 in said Town, being "Parcel A" as shown
on the subdivision map entitled "SUBDIVISION MAP SHOWING LANDS OF FRANK C.
BALDWIN JR. & BLYTHE C. BALDWIN, LOCATED ON PINE TREE ROAD & SNYDER HILL
GRAD, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK," dated April 23, 2001, by T.
G. Miller, P.C., Engineers & Surveyors, a copy of which is intended to be filed in the Tompkins
County Clerk's Office concurrently herewith, and being more particularly described as follows:
BEGINNING at a point in the present centerline of Pine Tree Road, which point of beginning
is located southerly along said distance a distance of 533.5+ feet from the intersection of the present
centerline of Pine Tree Road with the present centerline of Snyder Hill Road as shown on the T.G.
Miller, P.C. survey map referred to above; thence running the following courses and distances:
1. North 83 ° 06' 59" East, passing through an iron pipe at 25.99 feet, a total distance
of 250.99 feet to a point marked by an iron pipe;
2. North 10' 01' 54" East a distance of 105.83 feet to a point marked by an iron pipe;
3. North 02 ° 25' 54" East a distance of 28.67 feet to a point marked by an iron pipe;
4. North 04' 41' 52" West a distance of 129.97 feet to a point marked by an iron
pipe;
5. North 87 ° 48' 02" East a distance of 35.31 feet to a point in the present centerline
of Snyder Hill Road;
6. South 47 ° 19' 34" East along the present centerline of Snyder Hill Road a distance
of 195.98 feet to a point;
7. South 44 ° 14' 10" West, passing through an iron pin with cap at 24.87 feet, a total
distance of 225.00 feet to a point marked by an iron pipe;
8. South 47 ° 04' 48" East a distance of 100.10 feet to a point marked by an iron pipe;
9. South 45 ° 54' 14" East a distance of 99.57 feet to a point marked by an iron pipe;
10. South 47 ° 10' 09" East a distance of 41.24 feet to a point marked by an iron pin;
11. North 71 " 25' 01" East a distance of 28.23 feet to a point;
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12. South 46' 51' 38" East a distance of 193.93 feet to a point marked by an iron
pipe;
13. North 44' 14' 10" East, passing through an iron pin at 178.82 feet a total distance
of 200.00 feet to a point in the present centerline of Snyder Hill Road;
14. South 46 ° 13' 29" East along the present centerline of Snyder Hill Road a
distance of 50.00 feet to a point;
15. South 44' 14' 10" West, passing through an iron pin with cap at 24.75 feet, a
total distance of 200.00 feet to a point;
16. South 45 ° 43' -5" East a distance of 499.03 feet to a point marked by an iron pin;
17. North 44' 14' 10" East, passing through an iron pin at 174.39 feet a total distance
of 198.11 feet to a point in the present centerline of Snyder Hill Road;
18. South 45°35' 19" East along the present centerline of Snyder Hill Road a
distance of 49.81 feet to a point;
19. South 44' 14' 10" West, passing through an iron pin with cap at 23.97 feet, a
total distance of 248.15 feet to a point;
20. South 45' 40' 15" East a distance of 99.76 feet to a point marked by an iron pin;
21. North 44' 14' 10" East a distance of 49.75 feet to a point marked by an iron pipe;
22. South 45' 40' 15" East a distance of 400.00 feet to a point marked by an iron pin
with cap;
23. North 44' 14' 10" East, passing through an iron pin at 174.26 feet a total distance
of 198.97 feet to a point in the present centerline of Snyder Hill Road;
24. South 45 °40' 15" East along the present centerline of Snyder Hill Road a
distance of 49.67 feet to a point;
25. South 44' 14' 10" West, passing through an iron pin with cap at 24.71 feet, a
total distance of 198.97 feet to a point marked by an iron pin with cap;
26. South 45 ° 40' 15" East a distance of 221.55 feet to a point in the northerly line
of premises reputedly of Argetsinger (Liber 672 of Deeds at Page 30);
27. South 87 ° 32' 40" West, passing through iron pipes at 56.60 feet and 171.30 feet,
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a total distance of 201.30 feet to a point marked by an iron pipe;
28. South 87' 19' 44" West a distance of 106.51 feet to a point marked by an iron
pipe, which point is at the northeasterly corner of premises reputedly of the Town of
Ithaca (Liber 445 of Deeds at Page 772);
29. North 02' 40' 16" West a distance of 241.35 feet to a point marked by an iron
pin with cap;
30. North 45' 40' 15" West a distance of 224.77 feet to a point marked by an iron
pin with cap;
31. North 85 ° 45' 13" West a distance of 77.27 feet to a point marked by an iron pin
with cap;
32. North 45 ° 40' 15" West a distance of 99.76 feet to a point marked by an iron pin
with cap;
33. North 05 ° 26' 35" West a distance of 77.50 feet to a point marked by an iron pin
with cap;
34. North 45' 43' 05" West a distance of 989.15 feet to a point marked by an iron
pin with cap;
35. South 83 ° 06' 59" West, passing through an iron pin with cap at 224.42 feet, a
total distance of 248.88 feet to a point in the present centerline of Pine Tree Road;
thence North 07 ° 05' 39" West along the present centerline of Pine Tree Road a distance of 50.00
feet to the point or place of beginning.
EXCEPTING and RESERVING therefrom three rights of way for pedestrian and vehicular
access to the remaining lands of the Grantor twenty feet (20) in width, such rights of way to be
located within the three strips of land fronting on Snyder Hill Road and described in courses 13-15,
17-19 and 23-25 above, as extended to the south or southwest across the remaining premises
conveyed herein. It is intended that such rights of way shall be used for paths, lanes or driveways
only, for serving up to four houses per strip (a maximum of twelve houses altogether) and not for
the general use of the public or the extension of public highways. The exercise of the reserved rights
shall be with the consent of the Grantee with respect to their exact location and materials employed,
and such exercise shall not interfere with or prevent the use of the conveyed premises or such portion
of them as are improved for use as a public trail or other park purposes of the Town of Ithaca. It is
further understood that the reference to up to four houses per strip contained herein does not create
a waiver of any of Grantee's normal procedures for the approval of such housing (such as
subdivision approval by Grantee's Planning Board, variances by Grantee's Zoning Board ofAppeals,
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and/or rezoning by the Grantee's Town Board, if any of the foregoing are required), nor any
obligation of any nature whatsoever compelling the Grantee in the exercise of its normal approval,
variance, re -zoning or other review functions to approve such housing. Grantor, if Grantor decides
to provide for such housing, shall be required to apply under, and conform to, all applicable
procedures, laws, codes, or regulations of the Grantee then in effect relating to review and approval
of such types of development.
AND FURTHER EXCEPTING and RESERVING an easement for the construction of a
road, but only to the extent necessary for such construction, the area reserved being located as
follows:
COMMENCING at the terminus of course number 34 set forth above (North 45 ° 43' 05"
West a distance of 989.15 feet) thence running the following courses and distances:
1. South 45 ° 43' 05" East along course number 34 a distance of approximately 68 feet
to a point;
2. Northwesterly on a curve to the left encroaching on the premises described above,
such curve having a radius of 50 feet centered on the northeast corner of premises
now or formerly of Schweikert (850 Deeds 175) an arc distance of approximately 75
feet to the point or place of beginning.
The sole purpose of this reservation is to provide a fifty -foot wide corridor around the Schweikert
northeast corner should the Grantor in the future decide to develop Grantor's remaining land and to
do so need a fifty foot width to construct a road. The area reserved shall be used for no other
purpose.
PARCEL H
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, being "Parcel C" as shown
on the subdivision map entitled "SUBDIVISION MAP SHOWING LANDS OF FRANK C.
BALDWIN JR. & BLYTHE C. BALDWIN, LOCATED ON PINE TREE ROAD & SNYDER HILL
GRAD, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK," dated April 23, 2001, by T.
G. Miller, P.C., Engineers & Surveyors, a copy of which is intended to be filed in the Tompkins
County Clerk's Office concurrently herewith, and being more particularly described as follows:
BEGINNING at a point marking the northwesterly corner of the water tank parcel reputedly
owned by the Town of Ithaca (Liber 445 of Deeds at Page 772); thence South 02 ° 40' 16" East along
the westerly line of said Town of Ithaca premises a distance of 100.00 feet to a point; thence South
86' 33' 53" West a distance of 378.29 feet to a point marked by an iron pin; thence South 87' 19'
44" West a distance of 385.85 feet to a point marked by an iron pipe at the southwesterly corner of
premises reputedly of Ke (Liber 780 of Deeds at Page 291); thence North 04' 05' 00" West along
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the easterly line of said Ke premises a distance of 105.07 feet to a point marked by an iron pin in the
southerly line of premises reputedly of Frederick (Liber 613 of Deeds at Page 395); thence North 87 °
19' 44" East along the southerly line of said Frederick premises a distance of 27.95 feet to a point,
which point is the southeasterly corner of said Frederick premises; thence North 87 ° 19' 44" East a
distance of 738.75 feet to the point or place of beginning.
Parcels I and R are 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 Nancy M. Hammond to New York State Electric & Gas Corporation
by instrument dated September 13, 1928, recorded February 11, 1929 in the Tompkins County
Clerk's Office in Liber 215 of Deeds at Page 537, insofar as the same may affect the above described
premises.
3. Easement granted by Nancy M. Hammond to New York State Electric & Gas Corporation
by instrument dated August 2, 1946, recorded October 24, 1946 in the Tompkins County Clerk's
Office in Liber 293 of Deeds at Page 403, insofar as the same may affect the above described
premises.
4. Easement granted by Nancy M. Hammond to New York State Electric & Gas Corporation
by instrument dated October 13,1952, recorded December 11, 1952 in the Tompkins County Clerk's
Office in Liber 354 of Deeds at Page 504, insofar as the same may affect the above described
premises.
5. Easement granted by Nancy M. Hammond to New York State Electric & Gas Corporation
by instrument dated October 13,1952, recorded December 11, 1952 in the Tompkins County Clerk's
Office in Liber 354 of Deeds at Page 505, insofar as the same may affect the above described
premises.
6. Easement granted by Nancy M. Hammond to New York State Electric & Gas Corporation
by instrument dated November 18, 1952, recorded December 11, 1952 in the Tompkins County
Clerk's Office in Liber 354 of Deeds at Page 506, as amended by permit granted by Frank Baldwin,
Jr. and Blythe Baldwin to New York State Electric & Gas Corporation dated June 24,1974, recorded
July 31, 1974 in the Tompkins County Clerk's Office in Liber 528 of Deeds at Page 206, insofar as
the same may affect the above described premises.
7. Easement granted by Nancy M. Hammond to New York State Electric & Gas Corporation
by instrument dated June 1, 1954, recorded June 30, 1954 in the Tompkins County Clerk's Office
in Liber 369 of Deeds at Page 10, insofar as the same may affect the above described premises.
8. Easement granted by Nancy M. Hammond to Cornell University by agreement dated July
14, 1955, recorded July 15, 1955 in the Tompkins County Clerk's Office in Liber 379 of Deeds at
Page 350, as amended by agreement dated March 14, 1966, recorded March 16, 1966 in the
Tompkins County Clerk's Office in Liber 461 of Deeds at Page 820.
9. Easement granted by Nancy M. Hammond to New York State Electric & Gas Corporation
by instrument dated July 27,1955, recorded October 7, 195 5 in the Tompkins County Clerk's Office
in Liber 382 of Deeds at Page 307, insofar as the same may affect the above described premises.
10. Easement granted by Frank C. Baldwin, Jr., Trustee of the Frank C. Baldwin, Jr. Trust,
to New York State Electric & Gas Corporation dated February 27, 1998, recorded May 29, 1998 in
the Tompkins County Clerk's Office in Liber 820 of Deeds at Page 27, insofar as the same may
affect the above described premises.
BEING a portion of the premises conveyed by Frank C. Baldwin, Jr. and Blythe C. Baldwin
to the Frank C. Baldwin, Jr. Trust, by instrument dated January 13, 1995, recorded January 13,1995
in the Tompkins County Clerk's Office in Liber 743 of Deeds at Page 107.
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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 has hereunto set his hand and seal the
day and year first above written.
IN PRESENCE OF:
TOMPKINS TRUST COMPANY, Trustee
By:
Catherine Haupert, Trust fficer
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.
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss.:
XI-V-
On the 2-9th 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.
JVr N V. UMFIIN _ I
Notary Public, State of New York
No.02BA0166985
Qualified in Tompkins County
Term Expires September 30, 20 ��
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss.:
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
otary Public, State of New York
No. 02BA0166985
Qualified in Tompkins County
Term Expires September 30, 20 _
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