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Home My WebLink About514805-002Aurora 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. 514805 DATE: 09/13/2007 Time: 10:45 AM Document Type: MISC RECORDS Parties To Transaction: IACOVELLI Deed Information Consideration: Transfer Tax: Instrument Number *514805-002* Delivered By: THALER & THALER Return To: THALER & THALER MorWage Information Mortgage Amount Basic Mtge. Tax: RETT No: Special Mtge. Tax: County Transfer 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 ins CounV Clerk 111111111111111111111111111111111111111111111111111111111111 GRANT OF RESTRICTIVE COVENANTS Made as of the 13 day of scs 1 , 2007, by ORLANDO IACOVELLI of 347 Coddington Road, Ithaca, New Yo k and RALPH IACOVELLI, of 164 Troy Road, Ithaca, New York, hereinafter called "Grantors"; TO THE TOWN OF ITHACA, a municipality within the County of Tompkins and State of New York. WHEREAS, the Grantors are the owners of real property known as 269 Pennsylvania Avenue in said Town of Ithaca and designated as Ithaca Land Company Lot 71, which property is further designated as Town of Ithaca, Tax Parcel #54.-6-6 and real property known as 271 Pennsylvania Avenue in said Town of Ithaca and designated as Ithaca Land Company Lots 69 and 70, which properties are further designated as Town of Ithaca, Tax Parcel #54.-6-7 (the "Premises"). Said Premises were conveyed to the Grantors and John Driscoll by deed from William W. Steele and Judy Steele dated September 5, 1986 and recorded in the Tompkins County Clerk's Office in Liber 620 of Deeds at page 251; John Driscoll conveyed his interest in said property to the Grantors herein by deed dated December 14, 1992 and recorded in the Tompkins County Clerk's Office in Liber 690 of Deeds at page 187, said Premises are described on the attached Schedule A. AND, WHEREAS, there is a single family home currently existing on said Premises; AND, WHEREAS, all of the above mentioned Premises are situated in a R-9 Zone under the current Town of Ithaca Zoning Ordinance; NOW, THEREFORE, in consideration of the grant of a Special Approval by the Town of Ithaca Board of Zoning Appeals on March 25, 2002 to occupy a one family dwelling at 271 Pennsylvania Avenue by six (6) unrelated persons, no other consideration herefor being given or intended, the Grantors do hereby impose upon the Premises described herein on Schedule A, RESTRICTIVE COVENANTS to run with the land until such time, if ever, that the Town of Ithaca or one of its duly authorized Boards or Agencies shall by written instrument or order release the same as follows: 1. No other dwelling unit shall be constructed upon the Premises with the intention being that if the building on Ithaca Land Tract Lot #69 & 70 should ever permanently cease to be occupied by more than three (3) unrelated persons, the Town of Ithaca would consider releasing these restrictive covenants. 2. The Grantors shall provide six (6) off street parking spaces on these Premises to the occupants thereof. 3. The Grantors will immediately seek a consolidation of these two parcels to become one tax parcel. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals. Orlando lacovelli 1 • ,�nm MMph I.Scovelli STATE OF NEW YORK ) COUNTY OF TOMPKINS) SS: On the day of /�! kz./ in the year 2007, before me the undersigned, a Notary Public in and for said State, personally appeared Orlando lacovelli and Ralph lacovelli, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person on behalf of which the individuals acted, executed the instrument. Notary Public (% BRUNO A. MAZZA, JR• Attorney and Counselor at Law No. 5&2595900 Qualified in Tompkins County Commission Expires Dec. 31. Zcv 1► SCHEDULE A PARCEL 1: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, being more particularly bounded and described as follows: BEGINNING at a point marked by a pin at the intersection of the northeasterly street line of Pennsylvania Avenue and the southeasterly street line of Maryland Avenue (an unopened street); THENCE running north 53003' east, along the said southeasterly street line of Maryland Avenue, a distance of 113.2 feet to a point marked by an iron pin; THENCE running south 69040' east, continuing along the southerly street line of said Maryland Avenue, a distance of 146.8 feet to a point marked by an iron pin; THENCE south 6°04' west a distance of 20.4 feet to a point marked by an iron pin; THENCE south 44039' west a distance of 171.7 feet to a point in the northeasterly street line of Pennsylvania Avenue, marked by an iron pipe; THENCE north 40°02' west, along the northeasterly street line of Pennsylvania Avenue, a distance of 163.7 feet to the point of intersection of the northeasterly street line of Pennsylvania Avenue with the southeasterly street line of Maryland Avenue, being the point and place of beginning. REFERENCE is hereby made to a survey map entitled "SURVEY MAP NO. 247-249 PENNSYLVANIA AVE, TOWN OF ITHACA, TOMPKINS CO., N.Y.", prepared by T. G. Miller P.C., Engineers and Surveyors, dated April 11, 1995, a copy of which is filed in the Tompkins County Clerk's Office in Map Drawer CC, Sheet 25. PARCEL 2: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, being all of Lot 75 and a portion of Lot 74 as shown on a map of the Ithaca Land Company made by C. L. Crandall and filed in the Tompkins County Clerk's Office on June 12, 1895, a corrected map and survey map thereof having been filed in the said Clerk's Office on November 5, 1897, said map now being filed in Drawer 63, being more particularly bounded and described as follows: 3 BEGINNING at an iron pipe marking the southwest corner of said Lot 75 in the southeast corner of Lot 76, now or formerly owned by lacovelli (Liber 749 Deeds, page 268); THENCE running north 46'14'21" east, along the west boundary line of said Lot 75, for a distance of 171.72 feet to a point marked by an iron pipe; THENCE running north 07°38'51" east a distance of 10 feet to a point in the southwesterly line of Maryland Avenue (an unopened street), which point is marked by an iron pipe; THENCE running south 68020'25" east, along the southwest line of said Maryland Avenue, a distance of 51.67 feet to a point marked by an iron pipe; THENCE running south 1401218" west for a distance of 171.98 feet to a point in the north right of way line of Pennsylvania Avenue, which point is marked by a pin, THENCE running north 80046'46" west 90.50 feet to a point; THENCE running north 44028'32" west for a distance of 59.72 feet to the point and place of beginning, containing 0.401 acres of land. TOGETHER with all the right, title and interest of the grantors herein in and to the area between the south side of the above described premises and the center line of Pennsylvania Avenue and between the north side of the above described premises and the center line of Maryland Avenue. SUBJECT to visible easements and rights of way of record. REFERENCE is hereby made to a survey map entitled "SURVEY MAP NO. 257 PENNSYLVANIA AVENUE, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK", dated February 10, 2000 made by T. G. Miller, PC, Engineers and Surveyors, a copy of which is filed in the Tompkins County Clerk's Office in Map Drawer PP, Sheet 82. 2