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HomeMy WebLinkAbout527906-001Aurora 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. 527906 DATE: 06/24/2008 Time: 02:42 PM Document Type: DEED Instrument Number *527906-001* Delivered By: TOWN OF ITHACA Return To: ITHACA TOWN OF Parties To Transaction: HOUSE CRAFT- ITHACA/TOWN Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mort -gage Information Mortgage Amount Basic Mtge. Tax: RETT No: 03045 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 111111111111111111111111111111111111111111111111111111111111 warranty Deed This Indenture, is made this � day of ,A ''2008, by and between HOUSE CRAFT BUILDERS, INC., a corporation organized under the laws of the State of New York and having had or presently having offices at 167 Calkins Road, Ithaca, New York,14850, the "party of the first part" and The TOWN OF ITHACA, an incorporated municipal sub -division of the State of New York, with offices at 320 North Tioga Street, Ithaca, New York 14850, the "party of the second part". WITNESSETH, that the party of the first part, in consideration of One and 00/100 Dollar ($1.00) lawful money of the United States, paid by the party of the second part, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the party of the first part and the party of the second part, does hereby grant and release unto the party of the second part, its heirs, successors and assigns forever, ALL THOSE TRACTS AND PARCELS OF LAND situate in the Town of Ithaca, County of Tompkins, and State of New York, each as more particularly bound and described as follows: PARCEL I (Dedication of Penny Lane) BEGINNING at an iron rod with a survey cap placed at the intersection of the easterly line of Penny Lane and the northerly line of Abbey Road, being the northeasterly corner of a 1.413 acre parcel described as the south end of Penny Lane as shown on a map of the same dated August 19,1983; thence running the following courses and distances along the right- of-way "Penny Lane": South 51 degrees 27 minutes 52 seconds West a distance of 60.38 feet to a point; thence Along a curve to the right having a chord direction of North 37 degrees 57 minutes 23 seconds West, a chord distance of 413.56 feet, a radius of 1,730.00 feet and an arc length of 414.55 feet to a point marked by an iron rod with survey cap; thence North 31 degrees 05 minutes 32 seconds West, a distance of 216.00 feet to a point of curvature marked by an iron rod with survey cap; thence Along a curve to the left having a chord direction of North 41 degrees 17 minutes 27 seconds West, a chord distance of 484.14 feet, a radius of 1,730.00 feet and an arc length of 487.71 feet, passing though an iron rod with survey cap at 337.71 feet, to a point of curvature marked by an iron rod with survey cap; thence Along a curve to the left having a chord direction of North 77 degrees 48 minutes 24 seconds West, a chord distance of 17.73 feet, a radius of 20.00 feet and an arc length of 17.73 feet to a point of curvature; thence Along a curve to the right around a cul-de-sac an arc length of 295.95 feet to a point of curvature, said cul-de-sac having a radius of 60.00, the center point thereof being marked by a iron rod with survey cap and being located along a tie line running South 13 degrees 32 minutes 20 seconds West from the westerly corner of premises now or formerly of Clausen (L. 493 P. 437); thence Along a curve to the left having a chord direction of South 26 degrees 32 minutes 38 seconds East, a chord distance of 16.93 feet, a radius of 20.00 feet and an arc length of 17.48 feet to a point of curvature; thence Along a curve to the right having a chord direction of South 41 degrees 20 minutes 11 seconds East, a chord distance of 508.64 feet, a radius of 1,430.00 feet and an arc length of 511.36 feet, passing through a iron rod with survey cap at 150.00 feet, to a point marked by an iron rod with survey cap; thence South 31 degrees 05 minutes 32 seconds East, a distance of 216.00 feet to a point of curvature marked by an iron rod with survey cap; thence Along a curve to the left having a chord direction of South 38 degrees 04 minutes 13 seconds East, a chord distance of 405.78, a radius of 1,670.00 feet and an arc length of 406.78 feet to a point marked by an iron rod with survey cap, said point being the point and place of beginning, containing 1.818 acres of land, more or less, and being commonly known as "Penny Lane". BEING a portion of the land conveyed to House Craft Builders, Inc. by Jerold Weisburd, recorded April 15, 1983 at the Tompkins County Clerk's Office in Liber 595 of deeds at Page 1049. REFERENCE IS HEREBY MADE to a survey map of the premises herein described, prepared by Hunt Engineers, P.C., dated July 15,1986 entitled "Map of Penny Lane (North End)". Parcel I is hereby dedicated to the Town of Ithaca for purposes as a public highway. PARCEL II (Deed of Correction for prior dedication of Lois Lane) BEGINNING at a point in the westerly line of Penny Lane (See Liber 598 of Deeds at Page 642), which point is south 51 degrees 27 minutes 52 seconds west 60.38 feet from the intersection of the easterly line of Penny Lane with the northerly line of Abbey Road; thence along a curve to the left, having an arc length of 60.45 feet, a radius of 1,730.00 feet, and a chord bearing of south 45 degrees 49 minutes 23 seconds east to a point; thence south 51 degrees 30 minutes 36 seconds west 3.88 feet to a point; thence along a curve to the left, having an arc length of 58.50 feet, a radius of 93.11 feet, and a chord bearing of south 33 degrees 30 minutes 27 seconds west to a point; thence along a curve to the right, having an arc length of 185.16 feet, a radius of 216.51 feet, and a chord bearing of south 40 degrees 00 minutes 36 seconds west to a point; thence south 64 degrees 30 minutes 36 seconds west 92.55 feet to a point; thence along a fillet curved to the left, blending with a cul-de-sac, having an arc length of 17.91 feet, a radius of 20 feet, and a chord bearing of south 38 degrees 51 minutes 06 seconds west to a point; thence a cul-de-sac having a radius of 60 feet and arc length of 295.95 feet to a point; thence along a fillet curve to the left, having an arc length of 17.91 feet, a radius of 20 feet, and a chord bearing of south 89 degrees 49 minutes 53 seconds east to a point; thence north 64 degrees 30 minutes 36 seconds east 92.55 feet to a point; thence along a curve to the left having an arc length of 133.85 feet, a radius of 156.51 feet, and a chord bearing of north 40 degrees 00 minutes 36 seconds east to a point; thence along a curve to the right having an arc length of 92.36 feet, a radius of 153.11 feet, and a chord bearing of north 32 degrees 47 minutes 29 seconds east to the place of beginning, containing 0.681 acres of land. BEING a portion of the premises described in a deed to House Craft Builders, Inc. from Jerold Weisburd, dated April 15, 1983, and recorded in said Clerk's office in Liber 595 of Deeds at Page 1049. SUBJECT to an easement for an underground sewer collector pipe line, more particularly described in the original Deed of these same premises. SUBJECT FURTHER TO easements and rights -of -way affecting the premises, including the following insofar as they may affect the above -described premises: 1. An easement granted to New York Telephone Company, recorded in the Office of the Tompkins County Clerk at Liber 174 of Deeds at Page 643; 2. An easement granted to New York State Electric & Gas Corporation, recorded in said Clerk's Office in Liber 6 of Miscellaneous Records at Page 29; 3. Rights of the general public in and to that portion of the premises contained within the right of way of Slaterville Road, New York State Route 79; 4. An easement granted to New York State Electric & Gas Corporation recorded in said Clerk's Office in Liber 313 of Deeds at Page 34; 5. An easement for the construction, operation and maintenance of a gas pipeline granted to New York State Electric & Gas Corporation and recorded in said Clerk's Office at Liber 374 of Deeds at Page 445; 6. A right of way for the ingress and egress granted to the City of Ithaca from Slaterville Road to its watershed property to the south of the subject premises, as described in a deed to the City of Ithaca and recorded in said Clerk's Office at Liber 598 of Deeds at Page 634. 7. A right of way and easement for the installation and maintenance of certain utility lines granted to New York State Electric & Gas Corporation, New York Telephone Company and American Television and Communication Corporation by House Craft Builder, Inc. as described in an instrument dated May 27, 1983 and recorded August 12, 1983 in the Office of the Tompkins County Clerk's in Liber 596 of Deeds at Page 322. Reference is hereby made to a survey map of the premises herein described, prepared by Hunt Engineers, P.C., dated August 28 1984 entitled "MAP OF LOIS LANE", a copy of which was filed in said Clerk's Office December 5,1986 in Vault Box VII,1. Parcel II is dedicated to the Town of Ithaca for purposes as of a public highway, and is and has been known as "Lois Lane". The inclusion of Parcel II is set forth herein so as to amend and modify a prior conveyance of said Parcel; which conveyance conveyed the same to the Town of Ithaca through a Covenant Against Grantor Deed, which Covenant Against Grantor Deed is hereby amended, replaced, and superseded by this Deed which conveys such property by Warranty Deed. Thus, the conveyance of Parcel 11 is and should be considered a Deed of Correction. The conveyance of the said lands and roadways described as Parcel I and Parcel II above is made pursuant to and in furtherance of an improved and filed subdivision plat entitled "Commonland Community Development" as filed in said Clerk's Office. The individual executing this Deed for the party of the first part, House Craft Builders, Inc., is the sole Director and Shareholder of such corporation. Pursuant to New York State Business Corporation Law Section § 909(b), such sole shareholder and Director hereby warrants, represents, and states that the dedication of property affected by the within instrument was made in the usual and regular course of the business of the corporation, and that the Shareholders and Directors have duly authorized the disposition and transfer of such properties to the Town of Ithaca. 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, its heirs, successors and assigns forever. And the party of the first part does covenant 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 Sec.13 of the Lien Law the grantors will receive 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 party of the first part has hereunto set its hands and seals the day and year first above written. In Presence of House Craft Builders, Inc. By: Jero eisburd, President State of cam' 1 i ---(o — ti County of �"" �'�'`� } ss: On the day of April in the year 2008, before me, the undersigned, personally appeared JEROLD WESIBURD, 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 her capacity, and that by he signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public IMIIg11111MN111NIHIIMINIIN1NNp11NHgy11N11111NIN1�.....r HITEN PATEL COMM, # 1761465 NOTARY pEDUNIFORNIA AOO�' +nnnnnnnnmm�;nmlplmullc nxlmmimulEV�llll iy��