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HomeMy WebLinkAbout520054-003Aurora R. Valenti 5 TOMPKINS COUNTY CLERK ` 320 North Tioga Street *,* Ithaca, NY 14850 `- , . • (607) 274-5431 Fax-. (607) 274-5445 No. of Pages, 6 Receipt No. 520054 DATE: 01 /09/2008 Time: 09:21 AM Document Type: DEED Instrument Number *520054-003* Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Parties To Transaction: AWAD / TOWN OF ITHACA Deed Information Mort -gage Information Consideration: $0.00 Mortgage Amount Transfer Tax: $0.00 Basic Mtge. Tax: RETT No: 01736 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 J'A'�' e Tompkins County Clerk 111111111111111111111111111111111111111111111111111111111111 r WARRANTY DEED THIS INDENTURE, Ail Made the I % day of December, Two Thousand Seven Between George C. Awad, Jr. residing at 53 Lee Road, Dryden, New York 13053 party of the first part, Town of Ithaca a New York Municipal Corporation with offices at 215 North Cayuga Street, Ithaca, New York 14850 parties of the second part WITNESSETH, that the parties 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, successors and assigns forever, TO HAVE AND TO HOLD the premises herein granted unto the party the second part, its successors and assigns forever. AND said party 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 I 7 day of December 2007. IN THE PRESENTS OF �w Georgd C. Awad, Jry/ STATE OF NEW YORK ) )ss COUNTY OF 10aIti- } On the 17 day of December 2007 before me, the undersigned personally appeared George C. Awad, Jr. 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 they executed the same in his capacity, and that by his signature on the within instrument, the individual, or the person upon beh if of which the individual acted, executed the instrument. N tary P lic KATHY A. COYNE Notary Public, State Of NeW Ybrk No. 01 C06083062 Qualified In Tioga County �� Commission Expires 11-12-20 A SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York being a portion of Lot No. 41 on a survey map entitled "FINAL PLAT OF SOUTHWOODS SUBDIVISION P/O MILITARY LOT 99, TOWN OF ITHACA, COUNTY OF TOMPKINS, 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 0 at sheet 13, and being more particularly bounded and described as follows: BEGINNING at a point marked by an iron pipe in the northwest corner of said Lot 41, said point being in the southerly Road Bounds of East King Road southwesterly a distance of 25 feet from a point in the centerline of said Road which centerline point is a tie distance of 500 feet as measured along the center line of East King Road to its intersection with the projected east bounds of Southwoods Drive; thence running south 58 degrees 27' 20" east and along the northerly line of Lot 41 a distance of 110.00 feet to a point marked by an iron pin; thence running south 42 degrees 57' 04" west and along the easterly line of Lot 41 a distance of 32.47 feet to a point marked by an iron pin; thence running north 53 degrees 31' 18" west and along the southerly line of the sanitary sewer easement shown on the above referenced survey map a distance of 88.85 feet to a point marked by an iron pin; thence continuing along said course to a point in the easterly line Lot 41 marked by an iron pin; thence running north 47 degrees 12' 10" east and along the westerly line of Lot 41 a distance of 22.06 feet + to the point or place of beginning. The above described premises are more particularly shown on a survey map entitled "SURVEY MAP LANDS OF SOUTHWOODS SUBDIVISION, MILITARY LOT NO. 99, TOWN OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK" made by Michael J. Reagan dated March 1, 2007. A copy of which is incorporated herein by reference and filed concurrently herewith. SUBJECT to visible easements and rights of way together with easements, restrictions, covenants and rights of way of record. SUBJECT to the rights of the public in, over and to that portion of the premises lying within the bounds of the public highway. SUBJECT TO the following restrictions of the Southwoods Subdivision which shall run with the land: 1. The land shall be used for residential purposes only, and may be improved with single family dwelling units only. Private dwelling garages for passenger automobiles, and structures incident to private dwellings, and any storage sheds, shall be compatible with the exterior design of the residence. 2. No chickens or livestock of any nature or description shall be kept on the premises except the usual household pets. Domestic pets must be restrained on leashes, whenever off the owner's lot and must be kept completely out of, and away from, the Eldridge Wilderness at all times. 3. The exterior of any dwelling unit or improvement on the premises shall be completed within six (6) months of its commencement. 4. No trailers or mobile homes shall be kept on the premises at any time. 5. The premises shall not be used for storage of any kind or nature except during the course of construction of any improvement to the lot and normal storage incidental to residential use. 6. All structures constructed must meet all Town of Ithaca zoning, setback and height restrictions except as these restrictions might be superseded by these covenants. 7. Lots 7-24 must allow for a "buffer zone" to the Eldridge Wilderness in the amount of 60 feet measured from, and perpendicular to, the rear property line. An area of no less than 30 feet must remain undisturbed. The remainder of the buffer must maintain all trees of 3-inch caliper or larger, measured 4 feet above the ground. No permanent structure can be constructed within 20 feet of this established border. The only exception to these clearing restrictions may be made when a lot owner can demonstrate to the satisfaction of the Zoning Enforcement Officer that an existing tree is endangering health, safety or property. 8. Lots 3, 4, 5, and 6 must allow for a "buffer zone" along East King Road in the amount of 60 feet measured from, and perpendicular to, the right of way of East King Road. No driveway or other access may cross such buffer and no tree of 6" caliper or larger, measured 4 feet above the ground, may be removed from such buffer. The only exception to these clearing restrictions may be made when a lot owner can demonstrate to the satisfaction of the Zoning Enforcement Officer that an existing tree is endangering health, safety or property. 9. No fences or walls other than the wall of a building shall exceed six (6) feet in height above the natural ground level. 10. The lots are not to be subdivided. 11. The premises shall not be used for commercial purposes except that an accessory office or home occupation as described in the Town Zoning Ordinance shall be permitted provided that no more than 2 additional persons not residing on the premises may be employed. 12. Hunting and trapping shall not be allowed on any lot. 13. An easement, temporary or permanent, through any lot shall not be granted for the purposes of ingress or egress to adjoining properties via foot or vehicular traffic of any kind, including, but not limited to use by off -road vehicles. 14. No open, unconfined fires will be allowed on any lot. 15. No pesticides or herbicides or any other toxic or potentially toxic substances shall be used within the buffer zone, described in 7 above, unless they must be used to control C. plants or insects that can be proved to pose a threat to health and safety. If any such pesticides are necessary, they must be applied by a certified applicator. 16. Species identified on the attached list may not be introduced to the land. 17. On lots facing the gorge, specifically lots 24, 25, 32 and 33, no easements may be granted to any party other than the Nature Conservancy that allow ingress or egress to or from the gorge area. No structure may be constructed within, or overhanging, the gorge area. Minimum setback north and/or from the rim of the gorge shall be 20 feet and no construction of any nature shall be permitted in such 20-foot setback area. No trees with a diameter of 6 inches or more measuring 4 feet above the ground shall be cut within the area of 50-foot buffer. "Rim of the gorge" shall be defined as the point at which the existing grades slope at more than 20 percent (20%) to the southeast. No topography or foliage within the gorge area may be disturbed in any manner and no foundations, piers, footer drains or similar structures may extend into the 20 foot setback set forth above or into the gorge area. 18. Notwithstanding any of the foregoing, any zoning regulation more restrictive, with respect to the matters set forth above, shall govern. Conversely, any of the aforementioned covenants more restrictive than any applicable zoning regulation shall govern. 19. So long as the Southwoods Partnership is the owner of one of the lots in the subdivision, no building shall be constructed on any of the lots until the site location, and the design and appearance of the building is approved by the Southwoods Partnership. 20. The Town of Ithaca may but is not obligated to enforce deed restrictions. 21. Any amendments or modifications to these deed restrictions will require Town of Ithaca Planning Board approval. 20 Sept. 1988 (revised 30 Sept.) List of Plant Species to be Prohibited from Introduction in the Proposed Southwoods Subdivision. Acer platanoides Berberis thumbergii Celastrus orbiculatue Elaeagnus sp. Lonicera sp. Lythrum salicaria Phragmites sp. Rhamnus frangula Robinia pseudeacacia/hispida Rose multiflora Vinca minor Rhamnus cathnartica Ligustrum vulgare Norway maple Japanese barberry Asiatic bittersweet Autumn, Russian olive Honeysuckle Purple loosestrife Reed canary grass Tallhedge Black/Bristly locust Multiflora rose Myrtle Buckhorn Privet . — a TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, BEING a portion of the premises conveyed to George C. Awad, Jr. and Billie J. Awad by James A. Clark by Deed dated December 21, 2005 and recorded in the Tompkins County Clerk's Office on January 4, 2006 at Instrument No. 484154-001. Billie J. Awad died �{• /9. 06 , 2006 leaving George C. Awad, Jr. sole surviving tenant by the entirety.