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Home My WebLink About458431-003Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 3 Receipt No. 458431 DATE: 08/02/2004 Time: 12:21 PM Document Type: MISC RECORDS Parties To Transaction: AUBLE Deed Information Consideration: Transfer Tax: RETT No: State of New York Tompkins County Clerk INSTRUMENT NUMBER *458431-003* Delivered By: ADAMS THEISEN MAY MILLER & Return To: ADAMS THEISEN MAY MILLER & YEHL 103 WEST SENECA ST ITHACA, NY 14850 Mortaaae Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: 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 ke . ' HOLL Y CREEK SUBDIVISION Deed Restrictions Town of Ithaca, Tompkins County, New York David C Auble, Developer These restrictions shall apply to the area situate in the Town of Ithaca, County of Tompkins, State of New York, consisting of Lots numbered "1" through "8" of Holly Creek Subdivision as shown on a final plat map entitled "Holly Creek Subdivision Site Plan" dated December 31, 2003 to be filed in the Tompkins County Clerk's Office concurrently herewith. WITNESSETH: WHEREAS, David C. Auble (hereinafter "Auble") is the owner of and developer of the Holly Creek Subdivision (Town of Ithaca tax parcels 3 7.-1-17.1 situate in the Town of Ithaca, Tompkins County, New York, and WHEREAS, the Town of Ithaca Planning Board approved said Holly Creek Subdivision by resolution number 2004-001 on January 20, 2004, and WHEREAS, the conditions of approval of such subdivision provide for the dedication and restriction of certain developments around certain lots in the subdivision which shall run with the land; NOW, THEREFORE, in fulfillment of the above conditions, and as an inducement to parties to purchase and/or rent properties in the Holly Creek Subdivision, Auble, as Declarant, hereby declares, states, and covenants that the following covenants and restrictions shall apply to the areas referred to and described below in the that the following easements and restrictions shall be applicable to the lands in the Holly Creek subdivision described above: 1. MAINTENANCE OF PERIMETER BUFFER ZONE. In Lots 3, 5, 6 and 8 as shown on the final subdivision plat, there shall be no construction or other disturbance of the natural vegetation in the areas marked on said plat as "buffer zone" which creates a thirty (30) foot wide buffer running along the west sides of Lot 3 and Lot 5 and along the south sides of Lot 5, the portion of Lot 6 on the east side of Holly Creek Lane, and Lot 8. Only minimal, reasonable trimming or pruning of trees or vegetation in any such area will be permitted and in all cases no removal or damage to any trees over six inches in trunk diameter measured one foot above grade will be permitted. The purpose of this restriction is to protect the vegetation in said area. These restrictions shall not apply in the following areas: (a) The portion of the buffer zone within the drainage easement given to the Town of Ithaca concurrently herewith at the southeast corner of Lot 5; and (b) The portion of the buffer zone within the drainage easement given to the Town of Ithaca concurrently herewith at the southeast corner of Lot 6 and the northwest corner of Lot 8, to the extent that, in the reasonable judgment of the Town, deviations from this restriction are necessary for the proper construction, operation, and/or maintenance of the drainage facilities in said easement areas. 2. MAINTENANCE OFSTREAMBUFFERZONE. Along the stream shown on said map that runs through Lots 4, 6, 7 and 8, no construction or other disturbance of the natural vegetation shall occur in a buffer zone that shall extend twenty (20) feet from the center line of the stream in each direction. Said buffer zone is required to prevent erosion of the stream banks, to minimize the potential for sediments to enter the stream and to preserve the natural vegetation. Only minimal, reasonable trimming or pruning of trees or vegetation in any such area will be permitted and in all cases no removal or damage to any trees over six inches in trunk diameter measured one foot above grade will be permitted. The purpose of this restriction is to protect the vegetation in said area. These restrictions shall not apply in the following areas: (a) The portion of the creek that is in the area titled "Part of Lot 6" on the west side of Holly Creek Lane; (b) The portion of the creek that crosses the fifteen (15) foot wide utility easement that runs along the west side of the right of way for Holly Creek Lane; (c) The portion of the creek that runs under Holly Creek Lane, including the road right of way; (d) The portion of the creek that runs under the exercise trail and the pedestrian bridge as shown on the subdivision plat; (e) The portion of the creek that crosses the sanitary sewer easement given to the Town of Ithaca concurrently herewith; and (f) the portion of the buffer zone that lies within the drainage easement given to the Town of Ithaca concurrently herewith for Lot 5. 3. ENFORCEMENT OF PROTECTIVE COVENANTS: Any or all of the above covenants may be enforced by injunction or by any other appropriate legal remedy by Auble, or his successor, heirs or assigns, or by any owner of any of the lots in the Holly Creek Subdivision. In addition, the Town of Ithaca may, but is not obligated to, enforce any of the covenants. The invalidity of any part or portion of these covenants shall not invalidate any other part or portion of the same. These covenants shall run for the benefit of each of the lots of this subdivision. Each lot or the Town of Ithaca shall have the right of enforcement thereof as against any other lot for any such violation. 4. AMENDMENT OFPROTECTIVE COVENANTS: The approval ofthe owners of 75% of lots 1 through 8 as shown on the plat or if subdivided in the future shall constitute authorization for the amendment, exemption, alteration, or change in any one or all of the foregoing covenants, with each lot to be entitled to a single vote irrespective of the number of owners of such lot. If any given lot has more than one (1) owner and such owners are unable to reach consensus on their vote as of the date such vote is to occur, then that lot's vote shall be disregarded. Notwithstanding any other terms of these covenants, no such amendment, exemption, alteration, or change in any such covenant will be valid if the developer owns any approved or contemplated lot of the subdivision until the developer approves such amendment, exemption, alteration, or change, with such approval being in writing, signed, and acknowledged by the developer. Further, no amendment, exemption, alteration or change in any covenant shall be effective until the same has been approved by the Town of Ithaca Town Board and a notation of such approval signed by the Town Supervisor or such person's delegate is affixed to any proposed amendment prior to its recording. 4. CONVEYANCE: Any conveyance or transfer of title or any interest in any lots subject to these covenants shall include a specific statement subjecting title to the provisions of these protective covenants. It shall be specific compliance with this paragraph to state that the conveyance is made together with and subject to the covenants, rights, easements and conditions established by the Holly Creek Subdivision Deed Restrictions, Town ofIthaca. Tompkins County, New York, David C. Auble, Developer with the date of execution provided, and recorded in the Tompkins County Clerk's Office with the date of recording provided, and the County Clerk reference (deed book and page or instrument number or other customary form of reference of recorded materials) provided, and if these covenants are subsequently amended, the conveying language shall add reference to such amendments, including the dates of same, dates of recording, and recording references. David C. Auble STATE OF NEW YORK ) ) SS. COUNTY OF TOMPKINS ) On the a 134 day of ✓J , ,,-t in the year 2oo before me, the undersigned, a notary public in and for said state, personally appeared -b Av: ,V c . -oL " , 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 &she/they executed the same in er/their capacity(ies), and that by 1@7her/their signature(s) in the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public JESSICA L MICHA Nohry Public, State of New Ywk 09e11fled n T mp03 in6 Count' Commissbn Expires October 11.— -L,