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HomeMy WebLinkAbout520054-002Aurora 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. 520054 DATE: 01 /09/2008 Time: 09:19 AM Document Type: DEED Instrument Number *520054-002* Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Parties To Transaction: SOUTHWOODS ASSOCIATES LLC Deed Information Consideration: $0.00 Mortgage Information Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No 01735 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 IIIIII11111IIIII 111111111111111111111111111111111111111 IIII 14850 WARRANTY DEED THIS INDENTURE, Made the I day of January, Two Thousand Eight, Between Southwoods Associates, LLC with offices at 14 Cayuga Hills Road, Ithaca, New York party of the first part, Town of Ithaca a New York Municipal Corporation with offices at 215 North Tioga Street, Ithaca, New York 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, its successor, and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York being Eldridge Circle, Southwoods Drive and Old Gorge Road the roadways shown on a survey map entitled " FINAL PLATT OF SOUTHWOODS SUBDIVISION P/O MILITARY LOT 99, TOWN OF ITHACA, COUNTY OF TOMPKINS AND STATE OF NEW YORK" made by George Schlecht L.S. dated February 17, 1989 a copy of which was filed in the Tompkins County Clerk's Office on October 27, 1989 in Drawer O at Sheet 13 and being more particularly bound and described as follows: BEGINNING at a point in the centerline of King Road East which point is northwesterly a distance of 1900.01 feet along said centerline from its intersection with the centerline of Coddington Road; thence running south 00 degrees 01' 13" west along the proposed easterly line of the new 60.00 foot wide roadway known as Southwoods Drive a distance of 79. 83 feet to a point; thence running southeasterly along said line on a curve with a radius of 249.118 feet, a total arc distance of 315.2 feet to a point; thence running south 72 degrees 28' 30" east along said line a distance of 266.62 feet to a point; thence running southeasterly along said line on a curve with a radius of 325.402 feet, a total arc distance of 323.53 feet to a point, said point being the approximate intersection of the east line of Southwoods Drive with the northerly most line of the outer loop of Old Gorge Road; thence running southeasterly along said line on a curve with a radius of 25.00 feet, an arc distance of 32.35 feet to a point; thence running southeasterly along said line on a curve with a radius of 425.975 feet, a total arc distance of 207.83 feet to a point; thence running south 61 degrees 42' 05" east along said line a distance of 305.94 feet to a point; thence running southeasterly, southerly and southwesterly along said line on a curve with a radius of 221.237 feet, a total arc distance of 582.78 feet to a point; thence running south 89 degrees 13' 39" west along said line a distance of 319.31 feet to a point; thence running southwesterly along said line on a curve with a radius of 50.00 feet, an arc distance of 37.82 feet to a point, said point being the approximate intersection of the southerly most line of the outer loop of Old Gorge Road with the southerly terminus of the west line of Southwoods Drive; thence running southwesterly and northerly along said line on a curve with a radius of 60.00 feet, a total arc distance of 179.32 feet to a point; thence running northeasterly along said line on a curve, an are distance of 4.93 feet to a point; thence running northerly along said line on a curve with a radius of 50.00 feet, an arc distance of 37.82 feet to a point; thence running north 01 degrees 30' 35" west along said line a distance of 451.05 feet to a point; thence running northwesterly along said line on a curve with a radius of 265.402 feet, a total arc distance of 328.72 feet, to a point; thence running north 72 degrees 28' 30" west along said line a distance of 266.62 feet to a point; thence running northwesterly along said line on a curve with a radius of 309.12 feet, a total arc distance of 86.5 feet to a point; thence running northwesterly and southwesterly along said line on a curve with the radius of 25.00 feet, an arc distance of 33.06 feet to a point, which point marks the intersection of the west line of Southwoods Drive with the approximate easterly terminus of the south line of Eldridge Circle; thence running southwesterly, westerly and northwesterly along the proposed southerly line of the new 60.00 foot roadway known as Eldridge Circle on a curve with a radius of 428.132 feet, a total arc distance of 445.21 feet to a point; thence running northwesterly along said line on a curve with a radius of 440.819 feet, a total arc distance of 133.47 feet to a point; thence running north 89 degrees 58' 30" west along said line a distance of 60.00 feet to a point; thence running northwesterly, northerly and southeasterly along said line on a curve with a radius of 100.00 feet, being the westerly line of Eldridge Circle, a total arc distance of 390.09 feet to a point in the northerly line of Eldridge Circle; thence running south 46 degrees 28' 30" east along said line a distance of 150.00 feet to a point; thence running southeasterly along said line on a curve with a radius of 173.076 feet, a total arc distance of 111.56 feet to a point; thence running easterly and northeasterly along said line on a curve with a radius of 368.132 feet, a total arc distance 303.82 feet to a point, which point marks the intersection of the westerly line of Southwoods Drive with the approximate easterly terminus of the north line of Eldridge Circle; thence running northeasterly, northerly and northwesterly and along the westerly line of Southwoods Drive on a curve with a radius of 25.00 feet, an arc distance of 37.84 feet to a point; thence running northerly along said line on a curve with a radius of 309.118 feet, a total arc distance of 201.92 feet to a point; thence running north 00 degrees 01' 13" east along said line a distance of 79.83 feet to a point in the centerline of King Road East; thence running south 89 degrees 58' 47" east and along said centerline a distance of 60.00 feet to the point or place of beginning. EXCEPTING AND RESERVING from the above described premises that piece or parcel of land situate within the inner most lines of Old Gorge Road and Southwoods Drive known and designated as Lot Numbers 26, 27, 28, 29, 30 and 31 of the Southwoods Subdivision as shown on the survey map hereinabove referenced which parcel is more particularly bounded and described as follows: Beginning at a point in the easterly line of Southwoods Drive which point is at or about the intersection of the said easterly line of Southwoods Drive with the westerly terminus of the southerly line of the northern most extent of Old Gorge Road and being the northwest corner of Lot Number 29; thence running south 01 degrees 30' 35" east along said easterly line of Southwoods Drive a distance of 372.94 feet to a point; thence running southeasterly along said line on a curve with a radius of 100.00 feet an arc distance of 155.79 feet to a point, which point is the intersection of the east line of Southwoods Drive with the northerly line of the southerly most extent of Old Gorge Road; thence running north 89 degrees 13' 39" east along said line of Old Gorge Road a distance of 266.48 feet to a point; thence running northeasterly northerly and northwesterly along the westerly line of Old Gorge Road on a curve with a radius of 161.237 feet, a total arc distance of 424.73 feet to a point; thence running north 61 degrees 42' 05" west, along said line a distance of 305.94 feet to a point; thence running northwesterly along said line with a curve with a radius of 365.97 5 feet an arc distance of 130.60 feet to a point; thence running westerly and southeasterly along said line on a curve with a radius of 25.00 an are distance of 41.11 feet to the point or place of beginning. Describing and intending to describe and exclude from the conveyance the premises lying within the inner most line of Old Gorge Road and the southeasterly most line of Southwoods Drive. It is intended to describe and convey the roads known as Eldridge Circle, Southwoods Drive and Old Gorge Road of the Southwoods Subdivision, being all of the roads in said subdivision as shown on the subdivision map herein above referred to. Being the purpose of this deed to convey said premises for the dedication of public highways in the Town of Ithaca, Tompkins County and State of New York. ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York being the Detention Pond and Sewage Lift Station Area as shown on a survey map entitled "FINAL PLAT OF SOUTHWOODS SUBDIVISION P/O MILITARY LOT 99, TOWN OF ITHACA, COUNTY OF TOMPKINS AND STATE OF NEW YORK" made by George Schlecht L.S. dated February 17, 1989 a copy of which was filed in the Tompkins County Clerk's Office on October 27, 1989 in Drawer O at Sheet 13 and being more particularly bounded and described as follows: BEGINNING at a point in the centerline of King Road East which point is southeasterly a distance of 500.00 feet more or less from the intersection of said centerline with the easterly street line of Southwoods Drive; thence running south 89 degrees 58' 47" east and along said centerline of King Road East a distance of 328.01 feet to a point; thence running south 00 degrees 03' 49" west and along the premises now or formerly of Capalongo (494/1016; 494/1019) passing through an iron pin at a distance of 24.89 feet a total distance of 226.09 feet to point marked by an iron pin; thence running north 58 degrees 27' 20" west and along the northerly line of Lot Number 39 of said subdivision a distance of 139.60 feet to a point, being the northwesterly corner of said Lot; thence running northwesterly and along the northerly line of Lot Number 40 of said subdivision to a point, being the northeasterly corner of Lot Number 41 of said subdivision; thence running north 58 degrees 27' 20" west and along the northerly line of said Lot number 41 a distance of 110.00 feet to a point; thence running north 00 degrees 01' 13" east and along an easterly line of Lot Number 42 of said subdivision a distance of 25.00 feet to the point or place of beginning. SUIBJECT TO the following insofar as they effect the above described parcels: 1. An easement granted to New York State Electric and Gas Corporation and Verizon by instrument dated September 30, 2003 and recorded in the Tompkins County Clerk's Office September 30, 2003 at Instrument Number 440906-001. 2. Rights of Way and easements for sewer and water line installation common to the subdivision as the same were approved by the Planning Board of the Town of Ithaca October 23, 1989. SUBJECT TO permanent easements reserved by Noel Desch, Janet G. Desch, Montgomery May and Eleanor P. May in a Deed from said individuals to Southwoods Associates dated April 17, 1989 and recorded in said Clerk's Office on April 20, 1989 in Liber 645 of Deeds at page 221. SUBJECT TO visible easements and rights of way together with restrictions, covenants, easements, rights of way of record. BEING a portion of the premises conveyed to the Grantors herein by deed of Southwoods Associates dated November 26, 2003 and recorded on December 5, 2003 in said Clerk's Office as instrument no. 445159-001. TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party the second part, the survivor, his heirs and assigns forever. AND said parties of the first part covenants as follows: FIRST, that the party the second part shall quietly enjoy the said premises; SECOND, that said parties of the first part will forever WARRANT the title to said premises; THIRD that in compliance with Section 13 of the Lien Law, the grantors 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. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals this —It- day of January 2008. IN THE PRESENTS OF STATE OF NEW YORK ) )ss COUNTY OF TOMPKINS ) Southwoods Assoc' t BY: L�' Carol Chaplin, Mana ' g Member On the / day of January 2008 before me, the undersigned personally appeared Carol Chaplin 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 acknowledges to me that she executed the same in her capacity, and that by her signature on the within instrumen4'ent individual, or the person upon behalf of which the individual acciY�ee�dtlle ' Public jowmaium NoeM tw woo of N Yw* tt t t t, conw"W" ,"