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HomeMy WebLinkAbout527921-002No. of Pages. 3 Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Fax: (607) 274-5445 Instrument Number *527921-002* Delivered By: DAVID AUBLE Receipt No. 527921 Return To: DAVID AUBLE 111 WEST KING ROAD DATE: 06/25/2008 ITHACA, NY 14850 Time: 10:01 AM Document Type: DEED Parties To Transaction: HOLLY CREEK Deed Information Consideration: $0.00 Transfer Tax: $0.00 Mortgage Information Mortgage Amount Basic Mtge. Tax: RETT No- 03003 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 Tax Parcel No.: Deed: $ _ Transfer Tax: $ TP-584: $ 5.00 RP-5217: $165.00 Return to: DEED -WARRANTY WITH LIEN COVENANT THIS CONVEYANCE made this day of , in the year Two Thousand and Eight, Between: 14850, HOLLY CREEK TOWNHOMES, LLC, 111 West King Road, Ithaca, New York the Grantor, and TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York 14850, the Grantee, WITNESSETH that the Grantor, in consideration of ONE DOLLAR and other good and valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, its heirs, successors, and assigns forever, See SCHEDULE A annexed hereto and made a part hereof. 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 Grantee, its heirs, successors, and assigns forever. AND said Grantor covenant as follows: FIRST, that the Grantee shall quietly enjoy the said premises. SECOND, that the Grantor will forever WARRANT the title to said premises. THIRD, that, in compliance with Section 13 of the Lien Law, the Grantor 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, this deed has been duly executed by the Grantor. HOLLY CREEK TOWNHOMES, LLC By i David C. Auble, mber STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: '� Jchkle On the day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared David C. Auble, 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 his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County UI(� Expires December Commission 0f1TJ T1TTT.T. a ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being part of Military Lots 84 and 85 in said Town, more particularly described as follows: COMMENCING at a point located at the intersection of the westerly highway boundary of New York State Route 96B and the southerly boundary of West King Road Running thence North 570 44' 14" West a distance of 174.00 feet to an iron pin; Running thence South 480 45' 46" West a distance of 125.25 feet to an iron pin; Running thence North 410 14' 14" West a distance of 200.00 feet to an iron pin in the easterly boundary of the right of way for the proposed road known as "Holly Creek Lane" marking the point or place of BEGINNING; Running thence South 480 45' 46" West a distance of 78.55 feet to a 3/4 inch rebar with cap; Running thence in a southerly direction along a curve to the left with a radius of 110.00 feet an arc distance of 82.51 feet to a 3/4 inch set rebar with cap; Running thence South 050 47' 09" West passing through a 3/4 inch set rebar with cap at 290.82 feet, a total distance of 348.74 feet to a 3/4 inch set rebar with cap; Running thence in a southeasterly direction on a curve to the left with a radius of 25.00 feet an arc distance of 24.71 feet to a 3/4 inch set rebar with cap; Continuing thence in a southeasterly, southwesterly and westerly direction on a curve to the right with a radius of 75.00 feet an arc distance of 222.81 feet to a 3/4 inch set rebar with cap; Running thence in a northwesterly direction on a curve to the right with a radius of 75.00 feet an arc distance of 49.71 feet to a 3/4 inch set rebar with cap; Continuing thence in a northwesterly direction along a curve to the right with a radius of 75.00 feet an arc distance of 15.06 feet to a 9/ inch set rebar with cap; Continuing thence in a northerly and northeasterly direction on a curve to the right with a radius of 75.00 feet an arc distance of 96.31 feet to a 3/4 inch set rebar with cap; Continuing thence in a northerly direction on a curve to the left with a radius of 25.00 feet an arc distance of 24.71 feet to a 3/4 inch set rebar with cap; Running thence North 050 47' 09" East, passing through a 3/4 inch set rebar with cap at 85.24 feet, at 323.64 feet, and at 338.96 feet, a total distance of 348.74 to a 3/4 inch set rebar with cap; Running thence in a northeasterly direction on a curve to the right with a radius of 170 feet an arc distance of 109. 05 feet to a 3/4 -� nch set rebar with cap; Continuing thence in a northeasterly direction on a curve to the right an arc distance of 18.74 feet to a 3/4 inch set rebar with cap; Running thence North 48" 45' 46" East a distance of 203.80 feet to a set rebar with cap located in the southerly boundary of West King Road; Continuing thence along the southerly boundary of West King Road South 410 14' 14" East a distance of 60.00 feet to an iron pin; Running thence South 48' 45' 46" West a distance of 125.25 feet to an iron pin marking the point or place of beginning. Said premises are shown as "Holly Creek Lane" on a survey map entitled "HOLLY CREEK SUBDIVISION SITE PLAN" dated December 31, 2003, last revised April 1, 2004 by Reagan Land Surveying, a copy of which was filed in the Tompkins County Clerk's Office on August 2, 2004 as Instrument No. 458431- 005. BEING a portion of the premises conveyed to David C. Auble by deed of Buttermilk Trail, LP dated April 2, 1997 and recorded April 24, 1997 in the Tompkins County Clerk's Office in Liber 793 of Deeds at Page 174. SUBJECT TO the following insofar as they may affect the above -described premises: 1. An easement granted to New York State Electric & Gas Corporation by instrument recorded in Liber 238 of Deeds at Page 261 on November 9, 1935. 2. An easement granted to New York State Electric & Gas Corporation by instrument recorded in Liber 371 of Deeds at Page 484 on September 25, 1954. 3. An easement granted to New York State Electric & Gas Corporation by instrument recorded in Liber 404 of Deeds at Page 27 on February 7, 1958. 4. An easement granted to New York State Electric & Gas Corporation by instrument recorded in Liber 404 of Deeds at Page 50 on February 7, 1958. 5. A sanitary sewer easement granted to the Town of Ithaca by instrument dated June 25, 2004 and recorded August 2, 2004 in the Tompkins County Clerk's Office as Instrument No. 458431-001. 6. A drainage easement granted to the Town of Ithaca by instrument dated June 25, 2004 and recorded August 2, 2004 in the Tompkins County Clerk's Office as Instrument No. 458431-002. BEING a portion of the premises conveyed to the Grantor herein by deed dated August 14, 2006 and recorded said date in the Tompkins County Clerk's Office as Instrument No. 495097-001. The purpose of this deed is to convey the above described premises to the Town of Ithaca for use as a public roadway.