HomeMy WebLinkAbout502748-005Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Fax: (607) 274-5445
No. of Pages: 5
Receipt No. 502748
DATE: 01 /17/2007
Time: 11:27 AM
Document Type: DEED
Delivered By
Return To:
ENV
Instrument Number
*502748-005*
MONROE - TOMPKINS - WATKIN
Parties To Transaction: CONIFER REALTY TO TOWN OF ITHACA
Deed Information
Consideration: $0.00
Transfer Tax: $0.00
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
RETT No: 01536 Special Mtge. Tax
County Transfer Tax: $0.00 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
d'k,j" d? uf- -
Tompkins CounV Clerk
11111111111111111111111111111111111111111111111111111111
IIII
WARRANTY DEED WITH LIEN COVENANT
This Indenture made the C J " day of January, 2007,
Between Conifer Realty, LLC, a New York limited liability company, with its
principal office located at 183 East Main Street, Rochester, New York 14604 (as
"Grantor") and
the Town of Ithaca, a municipal corporation of the State of New York, having an
address of 215 North Tioga Street, Ithaca, New York 14850 (as "Grantee"),
WITNESSETH:
That the Grantor, in consideration of One and 00/ 100 Dollar ($1.00) lawful
money of the United States, paid by the Grantee, does hereby grant and release
unto the Grantee, it successors and assigns, forever, all of its right, title and
interest, for road and utility purposes, in
ALL THOSE TRACTS OR PARCELS OF LAND situate in the Town of Ithaca,
County of Tompkins and State of New York described in Exhibit A attached
hereto and made a part hereof (the "Property").
Together with the appurtenances and all the estate and rights of the Grantor in
and to said Property, and subject to any and all covenants, easements and
restrictions of record.
Except and reserving to the Grantor, its agents and employees, the right to
construct and install, at Grantor's cost, an extension of the existing Conifer Drive
along said Property in compliance with plans and specifications approved by
Grantee and standards required for a dedicated roadway within the Town of
Ithaca.
Except and reserving to the Grantor, the right to mow the lawn along the
roadway and the right to erect and maintain, on the Property, signage for the real
estate developments located immediately adjacent to the Property, to the extent
such signs (i) do not interfere with any electrical lines or other utilities or the
roadway, and (ii) are consistent with any Sign Ordinance or Local Law of the
Town of Ithaca, and/or are approved by Grantee.
Except and reserving to the Grantor, the right to construct, install and maintain
(until an easement for same is granted to a utility authority) electrical and water
facilities currently existing, and to be installed, on the Property, said electrical
and water facilities to be in compliance with plans and specifications approved
by Grantee. Grantee shall be prohibited from interfering with and/or altering
such facilities without the consent of Grantor, which shall not be unreasonably
withheld, except as may be needed to make repairs and improvements to such
facilities.
Being the purpose of this deed to convey said premises for the dedication of
public roadways in the Town of Ithaca, County of Tompkins, and State of New
York.
Being and intending to convey a part of the same premises conveyed by
Warranty Deed given by Tompkins County Trust Company and Walter J.
Wiggins, Esq., Executors of the Estate of Anthony Cerracche to Conifer Realty,
LLC dated May 8, 2002 and recorded on May 8, 2002 in the Tompkins County
Clerk's Office in Liber CD2506, page 4414 and a part of the premises conveyed by
Warranty Deed given by Home Properties Resident Services, Inc. to Conifer
Realty, LLC dated May 8, 2002 and recorded on May 8, 2002 in the Tompkins
County Clerk's Office in Liber CD2506, page 4421.
To have and to hold the premises herein granted unto the Grantee, it successors
and assigns forever.
And the Grantor covenants as follows:
First, that the Grantee shall quietly enjoy the said premises;
Second, that the Grantor will forever warrant title to the said premises.
Third, that the Grantor, in compliance with Section 13 of the Lien Law,
covenants that 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 costs 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 Grantor has duly executed this deed the day and
year first above written.
State of New York )
County of Monroe ) ss.:
On the i% day of January in the year 2007 before me, the undersigned,
personally appeared Timothy D. Fournier 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.
� "I, E- &&1)A- -
Notary Public
MgRLENE E. BESWICK
Notary Public, State of New York
No. 01 BE6062083
Qualified in Ontario County
Commission Expire: 07/30/20j�
Exhibit A
LEGAL DESCRIPTION:
100 FOOT ROW to Town of Ithaca from Conifer Realty, LLC
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca,
County of Tompkins and State of New York, being part of Military Lot 56 and
being more particularly bounded and described as follow:
Beginning at the intersection of the division line between the lands now or
formerly of Linderman Creek II Associates, LLC as described in Book CD2506 of
Deeds at Page 4429 on the west and the lands now or formerly of Conifer Realty,
LLC as described in Book CD2506 of Deeds at Page 4421 on the east with the
northerly margin of N.Y.S. Route 79 (Enfield Center - Ithaca Road, S.H. No.
1001); thence North 14 deg. 54 min. 53 sec. East along said division line, a
distance of 397.00 feet to a point of the division line between the said lands of
Linderman Creek II Associates, LLC on the north and the said lands of Conifer
Realty, LLC on the south; thence South 75 deg. 05 min. 07 sec. East along said
division line, a distance of 100.00 feet to a point; thence South 14 deg. 54 min. 53
sec. West through the said lands of Conifer Realty, LLC and along the division
line between the said lands of Conifer Realty, LLC on the west and the lands now
of formerly of Brian K. & Melissa C.T. Hunt as described in Book 908 of Deeds at
Page 70 on the east, a distance of 397.00 feet to a point on the said northerly
margin of N.Y.S. Rt. 79; thence North 75 deg. 05 min. 07 sec. West along said
northerly margin, 100.00 feet to the point of beginning, containing 0.911 acres of
land, more or less.
Being a portion of lands conveyed by Home Properties Resident Services, Inc. to
Conifer Realty, LLC by Warranty Deed dated May 8, 2002 and recorded in the
Tompkins County Clerk's Office in Book CD2506 of Deeds at Page 4421.
80 Foot ROW from Conifer Realty, LLC
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County
of Tompkins and State of New York, being part of Military Lot 56 and being more
particularly bounded and described as follow:
Commencing at the intersection of the division line between the lands now or
formerly of Linderman Creek II Associates, LLC as described in Book CD2506 of Deeds
at Page 4429 on the west and the lands now or formerly of Conifer Realty, LLC as
described in Book CD2506 of Deeds at Page 4421 on the east with the northerly margin
of N.Y.S. Route 79 (Enfield Center - Ithaca Road, S.H. No. 1001); thence along said
division line the following two (2) courses and distances: 1) North 14 deg. 54 min. 53
sec. East a distance of 397.00 feet to a point; thence 2) South 75 deg. 05 min. 07 sec. East
a distance of 19.47 feet to a point; thence through the said lands of Linderman Creek II
Associates, LLC, the following two (2) courses and distances: 1) North 13 deg. 59 min.
37 sec. East a distance of 138.44 feet to a point of curvature; and 2) along a curve to the
left having a radius of 9,868.15 feet, length of 70.16 feet and chord of North 09 deg. 36
min. 27 see. East, 70.16 feet to the POINT OF BEGINNING, said point being in the
center of Linderman Creek, said point also being the division line between the said lands
of Linderman Creek I1 Associates, LLC on the south and the said lands of Conifer Realty,
LLC on the north; thence through the said lands of Conifer Realty, LLC and the lands
now or formerly of Conifer Realty, LLC as described in Book CD2506 of Deeds at Page
4414, the following eight (8) courses and distances: 1) northerly along a curve to the left
having a radius of 1225.67 feet, length of 170.40 feet and chord of North 01 deg. 06 min.
52 sec. East, 170.26 feet to a point; thence 2) North 03 deg. 24 min. 19 sec. West a
distance of 60.48 feet to a point; 3) northerly along a curve to the right having a radius of
1352.33 feet, length of 59.18 feet and chord of North 01 deg. 38 min. 15 sec. West, 59.18
feet to a point; thence 4) North 89 deg. 37 min. 15 sec. East a distance of 80.00 feet to a
point; thence 5) southerly along a curve to the left having a radius of 1272.33 feet, length
of 79.21 feet and chord of South 02 deg. 10 min. 03 sec. East, 79.19 feet to a point;
thence 6) South 03 deg. 24 min. 19 sec. East a distance of 36.23 feet to a point; thence 7)
southerly along a curve to the right having a radius of 1305.67 feet, length of 185.32 feet
and chord of South 01 deg. 09 min. 54 sec. West, 185.16 feet to a point; and 8) southerly
along a curve to the left having a radius of 9,948.15 feet, length of 13.96 feet and chord
of South 09 deg. 25 min. 37 sec. West, 13.96 feet to a point in the said center of
Linderman Creek and the said division line between Linderman Creek 1I Associates, LLC
on the south and the said division line between Conifer Realty, LLC on the north; thence
westerly along said creek and division line, as it winds and turns, a distance of about 89
feet to a point, said point being North 72 deg. 46 min. 24 sec. West, 80.75 feet from the
last described point to the point of beginning, containing 0.555 acre, more or less.
Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty, LLC
by Executor's Deed dated May 8, 2002 and recorded in the Tompkins County Clerk's
Office in Book CD2506 of Deeds at Page 4414 and a portion of lands conveyed by Home
Properties Resident Services, Inc. to Conifer Realty, LLC by Warranty Deed dated May
8, 2002 and recorded in the Tompkins County Clerk's Office in Book CD2506 of Deeds
at Page 4421.
Prepared by C.T. Male Associates, P.C.
CTM Project No.: 01.4028
Dated November 20, 2006
File: 80ftROW ConiferLLC.doc