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.