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Home My WebLink About490443-001Aurora 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. 490443 DATE: 05/12/2006 Time: 03:46 PM Document Type: DEED INSTRUMENT NUMBER *490443-001 * 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: DRESS TO TOWN OF ITHACA Deed Information Consideration: $0.00 Transfer Tax: $0.00 RETT No Mortgage Information Mortgage Amount Basic Mtge. Tax: 02303 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 THIS INDENTURE made this 12th of May, 2006, BETWEEN: WILLIAM J. DRESS of 202 Savage Farm Drive, Ithaca, New York 14850, party of the first part, and TOWN OF ITHACA, a municipal corporation organized under the laws of the State of New York, with offices located 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 Dollars ($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, their heirs, distributees and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, on Military Lot 65 and bounded and described as follows: COMMENCING at a point in the centerline of Culver Road which point of beginning is approximately 1,305.9 feet southeasterly along the centerline of Culver Road from its intersection with the centerline of Poole Road; Running thence South 37' 37' 24" East along the present centerline of Culver Road 480.62 feet to a point; Running thence southeasterly along the centerline of Culver Road on a chord with a bearing of South 31' 49' 09" East and a chord distance of 284.99 feet to a point; Continuing southeasterly along Culver Road a chord distance of 213.17 feet and a chord bearing of South 18' 44' 25" East to a point; Thence South 8° 29' 45" West passing through a tall pipe at 55.40 feet a total distance of 288.56 feet to an iron pin; Thence North 74' 23' 24" West 708.84 feet along an old hedgerow and stones to a pin; Thence North 01° 01' 5 7 " a distance of 746.83 feet to a pin; Thence North 49109' 2 6 " East passing through an iron pin at 23 9.2 5 feet a total distance of 264 feet to the centerline of Culver Road at the point or place of beginning. 1 The above description in accordance with a map entitled "Survey Map Showing Lands of William Dress, Town of Ithaca, Tompkins County, New York" dated May 10, 2006, made by T.G. Miller P.C., a copy of which is intended to be filed or recorded concurrently with this deed. Containing 11.599 acres net to the road right ofway in accordance with the description on said map. BEING the same premises conveyed to William J. Dress by Deed of Schuyler Reid Hafely recorded in the Tompkins County Clerk's Office in Book 433 of Deeds at page 495. SUBJECT to the following insofar as the same may affect the above described premises: (1) The rights of the public in and to any portion of the above described premises which lie within the bounds of Culver Road. (2) An easement given by Arlington L. Culver, et al. To New York State Electric and Gas Corp. for an overhead electric transmission line dated August 28, 1936 recorded December 4, 1936 in the Tompkins County Clerk's Office in Book 241 of Deeds at page 103. SUBJECT also to the following restrictions which shall constitute covenants running with the land for so long as the property is occupied substantially completely by a natural forest similar to the forest presently located on the property: (1) Except as provided herein, the property will not be developed, but will remain substantially as a wilderness area and natural forest open for use by people and animals. It is the expectation that, except as provided herein, none of the existing mature trees will be removed from the Property by Grantee. Grantee shall be permitted, however, to remove dead or diseased trees or other dead or diseased vegetation, and may also remove any invasive species of vegetation that threatens, or could threaten, the viability of the trees making up the existing forest on the property. Any such removal shall be accomplished in accordance with good forestry management practices and with as minimal damage to the remaining healthy trees as possible. (2) The Property shall be maintained as a passive recreational forest, without the construction of any facilities for other than hiking or walking activities, except as provided herein. Without limiting the foregoing, no ball fields, swing sets, play structures, or other similar types of facilities shall be constructed on the property. To the extent deemed reasonably necessary by the Grantee to protect the forest and its trees, soil, and ground vegetation, and in accordance with good forestry management and land use practices, Grantee may install drainage facilities and stormwater protective facilities. (3) The only recreational activities to be permitted on the Property shall be hiking, walking, cross country skiing, birdwatching, jogging, plant observations, and similar types of passive non -disturbing activities by the public generally. No motorized vehicles, including without limitation all -terrain vehicles or snow mobiles, shall be permitted on the Property except that Grantee may, if necessary for proper maintenance of the forest, bring motorized vehicles such as trucks on the Property for purposes of accomplishing such maintenance. Grantee may also permit parking of vehicles on a small area of the Property adjacent to any public highways adjoining the Property provided such parking may be 2 accommodated without the removal of any existing mature healthy trees and provided such parking is limited to persons engaging in the activities permitted on the Property by these covenants. The above described premises is known as Town of Ithaca tax parcel no. 32.-1-7. 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, it 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 the party 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 to 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 party of the first part has hereunto set his hand and seal the day and year first above written. IN PRESENCE OF: STATE OF NEW YORK ss. : COUNTY OF TOMPKT NS WILLIAM J. DRESS By: �-�G —.iA,r William D. Highland, att y-in-fact On the 12th day of May in the year 2006 before me, the undersigned, personally appeared William D. Highland, 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 individuals acted, executed the instrument. Notar4 Public JOHN C. BARNEY Notary Public, State of New York No. 02BA0166985 Qualified in Tompkins County Term Expires September 30, 20 9.