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Home My WebLink About518341-001Aurora 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. 518341 DATE: 11 /29/2007 Time: 11:01 AM Document Type: DEED Instrument Number *518341-001 * Delivered By: THALER & THALER Return To: THALER & THALER Parties To Transaction: WESTVIEW PARTNERS / TOWN OF ITHAC Deed Information Mortgage Information Consideration: $0.00 Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No. 01384 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 Tompkins County Clerk 11111111111111111111111111111111 ]11]1111111 T WARRANTY DEED THIS INDENTURE MADE THE A(o*DAY OF OCTOBER, 2007 ! BETWEEN WESTVIEW PARTNERS, LLC, with offices at 217 Buttermilk Lane, Ithaca, New York 14850, Party of the first part, and TOWN OF ITHACA, a municipal corporation operating under the laws of the State of New York, 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 DOLLAR ($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, his successors, heirs, distributees and assigns forever, SEE 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, his successors, heirs, distributees, 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 said 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 party of the first part 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 of the same for any other purpose. WHENEVER the text hereof requires, the singular number as used herein shall include the plural and all genders. BEING the purpose of this deed to convey said premises for use as a public roadway in the Town of Ithaca, County of Tompkins in the State of New York. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. IN PRESENCE OF �rS > 1 -L. S. BORIS SIMKIN, member of Westview Partners, LLC STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the /6``day of October, in the year Two Thousand Seven, before me, the undersigned, a Notary Public in and for said State, personally appeared BORIS SIMKIN, 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. LUANN SWANHARff Notary Public Notary Public, State Of New York No. 01 SW5035900 Chemung County My Commission Expires Nov 14, �/0 SCHEDULE A PARCEL I ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York more particularly bounded and described as follows: BEGINNING at a point marked by an iron pin in the southline of Larisa Lane at the northeast corner of Lot 6 as shown on a survey map entitled "SURVEY MAP SHOWING PHASE 2 OF LARISA LANE TO BE DEDICATED TO THE TOWN OF ITHACA WESTVIEW SUBDIVISION-BORIS SIMKIN DEVELOPER, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" prepared by T.G. Miller P.C., Engineers and Surveyors, dated July 23, 2007 a copy of which is filed concurrently herewith. THENCE North 060 41 minutes 44 seconds East a distance of 60 feetalong the eastline of Larisa Lane, as previously deeded to the Town of Ithaca for deed dated January 17, 2007 and recorded in the Tompkins County Clerk's Office as Instrument No. 502824-003 on January 18, 2007. THENCE South 83015 minutes 20 seconds East a distance of 108.82 feet to a calculated point; THENCE South 89' 13 minutes 05 seconds East a distance of 319.35 feet to a calculated point; THENCE South 830 17 minutes 35 seconds East a distance of 563.53 feet to a set pin to a point of curve; THENCE northeast along a curve to the left having a radius of 20.00 feet and an arc length of 31.42 feet to a point of tangent (said tangent line being North 510 42 minutes 05 seconds East a chord distance of 28.29 feet) to a set pin; THENCE North 060 41 minutes 44 seconds East a distance of 19.98 feet to a calculated point; THENCE South 830 18 minutes 16 seconds East a distance of 60.00 feet to a set pin at the northwest corner of Lot 13; THENCE South 060 71 minutes 44 seconds West a distance of 19.98 feet to a calculated point of a curve; THENCE Southwesterly along a curve to the right having radius of 80.00 feet and an arc length of 83.32 feet to a point of tangent (said tangent line being South 360 42 minutes 46 seconds West a chord distance of 80.04 feet) to a set pin on a curve; THENCE continuing Southeasterly and easterly on a curve to the right having a radius 80.00 feet and an arc length of 41.86 feet to a point of tangent (said tangent line being South 810 43 minutes 06 seconds West a chord distance of 41.38 feet) to a calculated point; THENCE North 830 17 minutes 35 seconds West a distance of 560.43 feet to a calculated point; THENCE North 890 13 minutes 05 seconds West a distance of 319.37 feet to a calculated point; THENCE North 830 15 minutes 20 seconds West a distance of 111.89 feet to a set pin at the northeast course of Lot 6 the point or place of beginning. PARCEL II The grantor hereby conveys a temporary easement for the purpose of being used as a turnaround. This temporary easement shall automatically terminate upon the recording of any deed for extension of Larisa Lane to the North from its current location as described above. The temporary turnaround is bounded and described as follows: BEGINNING at a point marked by a calculated point said point being located South 060 41 minutes 44 seconds West a distance of 19.98 feet from an iron pin in the northwesterly corner of a parcel known as Lot 13 as shown on a survey map entitled "SURVEY MAP SHOWING PHASE 2 LARISA LANE TO BE DEDICATED TO THE TOWN OF ITHACA WESTVIEW SUBDIVISION-BORIS SIMKIN DEVELOPER, TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK" prepared by T.G. Miller P.C., Engineers and Surveyors, dated July 23, 2007 a copy of which is filed concurrently herewith. THENCE Southeasterly along a curve to the right having a radius of 80 feet and an arc length of 83.82 feet to a point of tangent (said tangent line being South 360 42 minutes 46 seconds a chord distance of 80.04 feet) to a set iron pin; THENCE South 350 52 minutes 03 seconds East a distance of 59.20 feet to a calculated point; THENCE North 060 41 minutes 44 seconds East a distance of 112.91 feet to a calculated point being the point or place of beginning; By the acceptance by the Town of Ithaca and the recording of this deed the temporary turnaround easement described as Parcel II in the deed having instrument number 502824-003 is hereby automatically extinguished. LIMITED LIABILITY COMPANY RESOLUTION The undersigned, being the duly elected Secretary of Westview Partners, LLC, a New York Limited Liability Company (the "Company") does hereby certify that the following resolutions were duly adopted by the Members of the Limited Liability Company a Special Meeting lawfully called for such purposes: RESOLVED, that the President of the Limited Liability Company be and hereby is authorized to execute any and all deeds and relating filing documents for and in the name of the Limited Liability Company under such terms and conditions as such Officer, in his best business judgment, may deem advisable, and in connection therewith, such Officer may make, execute, endorse and deliver and deeds, affidavits, easements, rights of way, or other agreements, documents and papers as are necessary or desirable to complete a transaction whereby certain roadways in, and other rights pertaining to, Phase II of the Westview Subdivision and Larisa Lane are dedicated to the Town of Ithaca, and to effect a closing and filing upon such deed, and to carry out and perform on the part of the Limited Liability Company all covenants, conditions, and agreements on its part to be carried out, and to perform and give full effect to the intent and purpose of this Resolution by, for, and in the name of the Limited Liability Company; and it is further RESOLVED, that upon the execution of any documents by the President of this Limited Liability Company, such execution is, shall be, and shall be deemed conclusive evidence of the approval of such document or transaction, and each and all of its terms, by such Officer and the Limited Liability Company; and its is further RESOLVED, that any and all acts, instruments, and other writings and acts previously performed, executed, or delivered by the Limited Liability Company or any one or more of its Officers, Members, agents or employees, in connections with the facilities and transactions herein addressed, be hereby in all respects ratified, adopted and approved by the Limited Liability Company, it is further RESOLVED, that WESTVIEW PARTNERS, LLC, convey, the real property located at Larisa Lane, Town of Ithaca, New York 14850 to the Town of Ithaca for the purpose of the second phase of the road dedication, and that BORIS SIMKIN, as member of WESTVIEW PARTNERS, LLC, execute and deliver all documents on behalf of the Limited Liability Company to consummate this transaction. As Secretary, I further certify that: (1) the foregoing Resolutions have not been repealed, annulled, altered or amended in any respect and remain in full force and effect; (2) the meeting of Members wherat the foregoing Resolutions were moved and adopted was lawfully called and conducted pursuant to the Company's Operating Agreements and the laws of the State of New York; (3) a lawful quorum was present and voting throughout such meeting; (4) there is nothing in the Company's Articles of Organization Agreements with which anything contained in said Resolution are in conflict. IN WITNESS WHEREOF, the undersigned has set his hand and seal and caused this Resolution to be executed by the duly authorized representative of the Company as of this /6 day of October, 2007. Dated: October 6 2007 By: Boris Simkin, Secretary Sworn to before me this %&A day of October, 2007 NotarylUAP blic, State Of New York No. 01 SW5035900 Chemung County My Commission Expires Nov. 14, �2010