HomeMy WebLinkAbout466347-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 4
Receipt No. 466347
DATE: 12/29/2004
Time: 04:25 PM
Document Type: DEED
INSTRUMENT NUMBER
*466347-001 *
Delivered By: BARNEY GROSSMAN DUBOW M
Return To:
BARNEY GROSSMAN DUBOW MARCUS
SENECA BUILDING WEST SUITE 400
119 EAST SENECA STREET
ITHACA, NY 14850
Parties To Transaction: DEGRAFF/TWN ITHACA
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
RETT No:
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
01323 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
I
WARRANTY DEED
with Lien Covenant
THIS INDENTURE made this -Yday of kani0tyl , in the year Two Thousand 00r'
BETWEEN Helen DeGraff Family Real Estate, LLC of 122 West Haven Road, Ithaca,
New York 14850
party of the first part, and
Town of Ithaca, a municipality having a principal address of 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 NO/100
Dollars (S 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,
The premises are more fully described on the attached Schedule A.
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 the 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.
THIRD, That, in Compliance with Sec. 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 ofthe same for any
other purpose.
IN WITNESS WHEREOF, the party of the first part have hereunto set his/her/their hand
and seal the day and year first above written.
IN PRESENCE OF
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
Helen DeGraff Family Real Estate, LLC
By:�%1
On the � day of (��ber in the year ZWq before me, the undersigned, a Notary
Public in and for said State, personally appeared Mar4aret Lie 0 ea f, 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 of which the individual(s) acted, executed
the instrument.
H \6766A001' Deed Warranty lot f & g wpd
Notary Pub
MARY J. SCHUBERT
NOTARY PUBLIC, State of New Yak
No. 02SC6088615
Qualified in Tompkins County �L
Commission Expires March 10, 20-Ll
SCHEDULE A
LOT F
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of
Tompkins and State of New York, bounded and described as follows:
To find the point of beginning, start at a point in the center line of West Haven Road,
which point is the northeasterly corner of lands now or formerly of June Fay Alex Revocable
Trust (430250-001); THENCE North 79 degrees 41 minutes 20 seconds West, passing through
an existing pipe found at 24.79 feet, a total distance of 339.57 feet to a point in the northwesterly
corner of June Fay Alex Revocable Trust (430250-001); THENCE North 79 degrees 41 minutes
14 seconds West 339.22 feet to an existing rebar with cap found in the northwesterly corner of
lands now or formerly of Henry (596/20); THENCE South 12 degrees 56 minutes 21 seconds
West 60.00 feet to a 3/4-inch rebar set with cap in the westerly line of Henry (596/20), said point
being the POINT OF BEGINNING;
THENCE South 12 degrees 56 minutes 21 seconds West 139.90 feet to an existing rebar
with cap found in the southwesterly corner of Henry (596/20);
THENCE South 79 degrees 39 minutes 51 seconds East 340.07 feet to the southeasterly
corner of Henry (596/20);
THENCE South 13 degrees 49 minutes 01 seconds West 206.04 feet to an existing pipe
found in the southwesterly corner of lands now or formerly of Garrard (CD2504/4095);
THENCE South 13 degrees 31 minutes 13 seconds West 96.80 feet to an existing 5/8-
inch rod found in the southwesterly corner of lands now or formerly of Harkin and King
(861/259);
THENCE South 12 degrees 17 minutes 53 seconds West 97.01 feet to an existing pipe
found in the southwesterly corner of lands now or formerly of Hilton (580/201);
THENCE South 12 degrees 23 minutes 25 seconds West 97.16 feet to an existing pipe
found in the southwesterly corner of lands now or formerly of Tallmadge (775/317);
THENCE North 80 degrees 20 minutes 52 seconds West 150.00 feet to a 3/4-inch rebar
set with cap;
THENCE South 09 degrees 12 minutes 33 seconds West 374.66 feet to a 3/4-inch rebar
set with cap in the northerly line of lands now or formerly of Luft (598/104);
THENCE North 78 degrees 23 minutes 43 seconds West 171.62 feet along the center line
of a ditch to an existing pipe found in the northwesterly corner of Luft (598/104);
THENCE South 11 degrees 09 minutes 49 seconds West 157.28 feet to a 3/4-inch rebar
set with cap in the westerly line of Luft (598/104);
THENCE North 80 degrees 06 minutes 07 seconds West, passing through a 3/4-inch
rebar set with cap at 51.75 feet in the northeasterly corner of lands now or formerly of Miller and
Miller (CD2504/8659), and passing through existing pipes found at 352.80 feet and 377.95, a
total distance of 452.98 feet to an existing rebar found in the northerly line of lands now or
formerly of Leftwich (704/73);
THENCE North 80 degrees 00 minutes 12 seconds West 81.21 feet to a 3/4-inch rebar set
with cap in the northerly line of Leftwich (704/73);
THENCE North 10 degrees 48 minutes 53 seconds East, passing through a 3/4-inch rebar
set with cap at 275.05 feet, a total distance of 375.05 feet to a 3/4-inch rebar set with cap in the
southerly line of lands now or formerly of EcoVillage of Ithaca, Inc. (678/27, 678/330, 686/310);
THENCE South 79 degrees 35 minutes 42 seconds East 479.00 feet to a 3/4-inch rebar
set with cap in the southeasterly corner of EcoVillage of Ithaca, Inc. (678/27, 678/330, 686/310);
THENCE North 10 degrees 10 minutes 20 seconds East 795.27 feet along the easterly
line of EcoVillage of Ithaca, Inc. (678/27, 678/330, 686/310) to a 3/4-inch rebar set with cap;
THENCE South 79 degrees 49 minutes 40 seconds East 61.77 feet to the point or place of
beginning, containing 10.742 acres.
SUBJECT TO the following insofar as they may affect the above -described premises:
1. Easements from Helen DeGraff to EcoVillage at Ithaca, Inc., by instrument dated May
15, 1995, and recorded April 19, 1996, in the Tompkins County Clerk's Office in Liber 769 of
Deeds at page 324.
2. An easement from Marion D. Fitchpatrick and Amy Fitchpatrick to New York State
Electric & Gas Corp. by instrument dated May 23, 1944, and recorded August 5, 1944, in the
Tompkins County Clerk's Office in Liber 259 of Deeds at page 490.
3. An easement from Homer R. DeGraff and Helen M. DeGraff to New York State
Electric & Gas Corp. by instrument dated October 28, 1954, and recorded December 17, 1954, in
the Tompkins County Clerk's Office in Liber 374 of Deeds at page 25.
4. An easement from Helen M. DeGraff and Homer R. DeGraff to New York State
Electric & Gas Corp. by instrument dated November 10, 1954, and recorded January 8, 1955, in
the Tompkins County Clerk's Office in Liber 374 of Deeds at page 454.
5. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by
instrument dated November 16, 1957, and recorded November 26, 1957, in the 'Tompkins
County Clerk's Office in Liber 402 of Deeds at page 99.
6. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by
instrument dated September 16, 1958, and recorded December 10, 1958, in the 'Compkins County
Clerk's Office in Liber 413 of Deeds at page 67.
7. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by
instrument dated October 30, 1984, and recorded December 14, 1984, in the Tompkins County
Clerk's Office in Liber 606 of Deeds at page 64.
8. An easement from Helen M. DeGraff to New York Telephone Co. by instrument dated
July 3, 1975, and recorded July 7, 1978, in the Tompkins County Clerk's Office in Liber 546 of
Deeds at page 258.
9. A sewer line easement from Helen M. DeGraff to the Town of Ithaca by instrument
dated May 19, 1992, and recorded June 11, 1992, in the Tompkins County Clerk's Office in
Liber 677 of Deeds at page 3.
10. A right of way from Helen DeGraff, by Homer R. DeGraff, attorney in fact, to
Priscilla Livingston Senior by instrument dated November 18, 1955 and recorded November 22,
1955 in the Tompkins County Clerk's Office in Liber 383 of Deeds at page 381.
11. An easement from Helen DeGraff to New York State Electric and Gas Corporation
by instrument dated October 12, 1995 and recorded December 26, 1995 in the Tompkins County
Clerk's Office in Liber 764 of Deeds at Page 1.
12. A sewer line easement from Helen DeGraff to the Town of Ithaca by instrument dated
May 1, 2002 and recorded June 3, 2002 in the Tompkins County Clerk's Office in Liber CD2507
at Page 2672.
BEING a portion of the premises conveyed to the grantor herein by warranty deed from
Helen DeGraff to Helen DeGraff Family Real Estate LLC dated December 13, 2002 and recorded
January 23, 2003 in the Tompkins County Clerk's Office as Instrument number 425748-001. A
warranty deed of correction regarding this same parcel was conveyed by Helen DeGraff to the
Grantor on May 29, 2003 and recorded on the same day in the Tompkins County Clerk's Office
as Instrument number 433333-001.
The above -described premises are shown as Lot F on a survey map entitled "Final
Subdivision Plan for Mountin Subdivision, Town of Ithaca, Tompkins County, New York" dated
November 5, 2004, prepared by Williams & Edsall Land Surveyors, which survey map is
incorporated herein by reference and is intended to be filed in said Clerk's Office.
Part of Town of Ithaca Tax Parcel 28.-1-28.2
LOT G
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of
Tompkins and State of New York, bounded and described as follows:
BEGINNING at a point in the center line of West Haven Road, which point is the
southeasterly corner of lands now or formerly of Peluso (445384-001);
THENCE South 11 degrees 50 minutes 34 seconds West 49.74 feet along the center line
of West Haven Road to a point, which point is the northeasterly corner of lands now or formerly
of June Fay Alex Revocable Trust (430250-001);
THENCE North 79 degrees 41 minutes 20 seconds West, passing through an existing
pipe found at 24.79 feet, a total distance of 339.57 feet to a point in the northwesterly corner of
June Fay Alex Revocable Trust (430250-001);
THENCE North 79 degrees 41 minutes 14 seconds West 339.22 feet to an existing rebar
with cap found in the northwesterly corner of lands now or formerly of Henry (596/20);
THENCE South 12 degrees 56 minutes 21 seconds West 60.00 feet to a 3/4-inch rebar set
with cap in the westerly line of Henry (596/20);
THENCE North 79 degrees 49 minutes 40 seconds West 61.77 feet to a 3/4-inch rebar set
with cap in the easterly line of lands now or formerly of EcoVillage of Ithaca, Inc. (678/27,
678/330, 686/310);
THENCE North 10 degrees 10 minutes 20 seconds East 112.55 feet to an existing rebar
found in the southwesterly corner of lands now or formerly of Villafane (887/234);
THENCE South 79 degrees 50 minutes 09 seconds East 264.55 feet to an existing pipe
found in the southerly line of Villafane (887/234);
THENCE South 79 degrees 22 minutes 37 seconds East 105.89 feet to art existing pipe
found in the southwesterly corner of Peluso (445384-001);
THENCE South 79 degrees 15 minutes 08 seconds East, passing through an existing
rebar found at 349.73 feet, a total distance of 374.48 feet to the point or place of beginning,
containing 0.975 acre.
SUBJECT TO the rights of the public in and to that portion of the premises that lies
within the bounds of West Haven Road.
SUBJECT TO the following insofar as they may affect the above -described premises:
1. Easements from Helen DeGraff to EcoVillage at Ithaca, Inc., by instrument dated May
15, 1995, and recorded April 19, 1996, in the Tompkins County Clerk's Office in Liber 769of
Deeds at page 324.
2. An easement from Marion D. Fitchpatrick and Amy Fitchpatrick to New York State
Electric & Gas Corp. by instrument dated May 23, 1944, and recorded August 5, 1944, in the
Tompkins County Clerk's Office in Liber 259 of Deeds at page 490.
3. An easement from Homer R. DeGraff and Helen M. DeGraff to New York State
Electric & Gas Corp. by instrument dated October 28, 1954, and recorded December 17, 1954, in
the Tompkins County Clerk's Office in Liber 374 of Deeds at page 25.
4. An easement from Helen M. DeGraff and Homer R. DeGraff to New York State
Electric & Gas Corp. by instrument dated November 10, 1954, and recorded January 8, 1955, in
the Tompkins County Clerk's Office in Liber 374 of Deeds at page 454.
5. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by
instrument dated November 16, 1957, and recorded November 26, 1957, in the Tompkins
County Clerk's Office in Liber 402 of Deeds at page 99.
6. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by
instrument dated September 16, 1958, and recorded December 10, 1958, in the Tompkins County
Clerk's Office in Liber 413 of Deeds at page 67.
7. An easement from Helen M. DeGraff to New York State Electric & Gas Corp. by
instrument dated October 30, 1984, and recorded December 14, 1984, in the Tompkins County
Clerk's Office in Liber 606 of Deeds at page 64.
8. An easement from Helen M. DeGraff to New York Telephone Co. by instrument dated
July 3, 1975, and recorded July 7, 1978, in the Tompkins County Clerk's Office in Liber 546 of
Deeds at page 258.
9. A sewer line easement from Helen M. DeGraff to the Town of Ithaca by instrument
dated May 19, 1992, and recorded June 11, 1992, in the Tompkins County Clerk's Office in
Liber 677 of Deeds at page 3.
10. A right of way from Helen DeGraff, by Homer R. DeGraff, attorney in fact, to
Priscilla Livingston Senior by instrument dated November 18, 1955 and recorded November 22,
1955 in the Tompkins County Clerk's Office in Liber 383 of Deeds at page 381.
11. An easement from Helen DeGraff to New York State Electric and Gas Corporation
by instrument dated October 12, 1995 and recorded December 26, 1995 in the Tompkins County
Clerk's Office in Liber 764 of Deeds at Page 1.
12. A sewer line easement from Helen DeGraff to the Town of Ithaca by instrument dated
May 1, 2002 and recorded June 3, 2002 in the Tompkins County Clerk's Office in Liber CD2507
at Page 2672.
BEING a portion of the premises conveyed to the grantor herein by warranty deed from
Helen DeGraff to Helen DeGraff Family Real Estate LLC dated December 13, 2002 and recorded
January 23, 2003 in the Tompkins County Clerk's Office as Instrument number 425748-001. A
warranty deed of correction regarding this same parcel was conveyed by Helen DeGraff to the
Grantor on May 29, 2003 and recorded on the same day in the Tompkins County Clerk's Office
as Instrument number 433333-001.
The above -described premises are shown as Lot G on a survey map entitled "Final
Subdivision Plan for Mountin Subdivision, Town of Ithaca, Tompkins County, New York" dated
November 5, 2004, prepared by Williams & Edsall Land Surveyors, which survey map is
incorporated herein by reference and is intended to be filed in said Clerk's Office.
Part of Town of Ithaca Tax Parcel 28.-1-28.2
H V6766A001 Aschedule a - lot g wpd