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Home My WebLink About502748-006Aurora 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. 502748 DATE: 01 /17/2007 Time: 11:25 AM Document Type: DEED Instrument Number *502748-006* Delivered By: MONROE - TOMPKINS - WATKIN Return To: ENV Parties To Transaction: LINDERMAN CREEK TO TOWN OF ITHACA Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mort -gage Information Mortgage Amount Basic Mtge. Tax: RETT No: 01537 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 a",�, e u,"t- Tompkins Countf Clerk 111111111111111111111111111111111111111111111111111111111111 WARRANTY DEED WITH LIEN COVENANT This Indenture made the (bT day of January, 2007, Between Linderman Creek II Associates, 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 THAT TRACT OR PARCEL 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, draingage and water facilities currently existing, and to be installed, on the Property, said electrical, drainage 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 Conifer Realty, LLC to Linderman Creek II Associates, LLC dated May 8, 2002 and recorded on May 8, 2002 in the Tompkins County Clerk's Office in Liber CD2506, page 4429. 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. Linderman Cr II Associates, LLC By: Conif ea1.0 Fournier State of New York ) County of Monroe ) ss.: On the �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. AA IIAL IA — Notary Public MARLENE E. BESWICK Notary Public, State of New York No. 01 BE6062083 Quali'ied in Ontario Coun Commission Expires 07(30/2t]tq Exhibit A WDIel�M -11: 4*14I -VJ- a to] �F 80 Foot ROW from Linderman Creek II Associates, 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 the POINT OF BEGINNING; 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 sec. East, 70.16 feet to a point in the center of Linderman Creek, said point also being the division line between the said lands of Linderman Creek II Associates, LLC on the south and the said lands of Conifer Realty, LLC on the north; thence easterly along said creek and division line, as it winds and turns, a distance of about 89 feet to a point, said point being South 72 deg. 46 min. 24 sec. East, 80.75 feet from the last described point; thence through the said lands of Linderman Creek II Associates, LLC, the following two (2) courses and distances: 1) southerly along a curve to the right having a radius of 9,948.15 feet, length of 62.67 feet and chord of South 09 deg. 38 min. 52 sec. West, 62.67 feet to a point; and 2) South 13 deg. 59 min. 37 sec. West a distance of 142.64 feet to a point on 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 North 75 deg. 05 min. 07 sec. West along said division line a distance of 80.01 feet to the point of beginning, containing 0.380 acre, more or less. Being a portion of lands conveyed by Conifer Realty, LLC to Linderman Creek II Associates, LLC by Warranty Deed dated May 8, 2002 and recorded in the Tompkins County Clerk's Office in Book CD2506 of Deeds at Page 4429. Prepared by C.T. Male Associates, P.C. CTM Project No.: 01.4028 Dated November 20, 2006 File: 80ftROW LindermanII.doc