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Home My WebLink About552044-001Q�,nS Aurora R. Valenti TOMPKINS COUNTY CLERK 4 320 North Tioga Street � Ithaca, NY 14850 (607)274-5431 Fax- (607) 274-5445 No. of Pages: 4 Delivered By: (including this THALER & THALER coverpage) Receipt No. 552044 Return To: THALER & THALER Date: 12/11/2009 Time. 03:58 PM Document Type: DEED Parties To Transaction: MONKEMEYER TO ITHACA TOWN Town/City. TOWN OF ITHACA Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No, 02890 State of New York Tompkins County Clerk Instrument Number *552044-001* Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage Tax. - 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. Tompkins County Clerk Please do not remove this page. Warranty Deed w/Lien Covenant This Indenture, is made this day of December, 2009 by and between EVAN N. MONKEMEYER, of 123 King Road East, Ithaca, New York 14850, the party of the first part, and THE TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York, located in Tompkins County, with an address of 215 North Tioga Street, Ithaca, New York 14850, the party of the second part. WITNESSETH, that the party of the first part, in consideration of $1.00 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 heirs, successors and assigns forever ALL THAT TRACT OR PARCEL OF land situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at a point in the center line of King Road East, which point is located 266.64 feet Easterly along the center line of said King Road East from the intersection of the center line of said King Road East and the easterly street line of a proposed road shown upon a survey map entitled "Final Subdivision Plat for Evan N. Monkemeyer - Agent - Herbert N. Monkemeyer, Owner" as drawn by George Schlecht, P.E., P.L.S. Nos. 49382 & 49190, dated January 21,1988 (hereinafter the "Survey Map"); Thence North 14 degrees 34 minutes 33 seconds East a distance of 504.06 feet to a point, passing through an iron pin to be set in the northerly highway right-of-way line of said King Road East at 25.19 feet, which point of ending is in the northwesterly corner of the property herein conveyed, being also the northeasterly corner of the Proposed Montessori School Site (Town of Ithaca TP# 43.4-3.5); Thence South 89 degrees 48 minutes 45 seconds East a distance of 250 feet to a point, said point being the northeasterly corner of the premises herein conveyed; Thence South 18 degrees 55 minutes 06 seconds West a distance of 347.95 feet to a point, which point is located in the northern property line of Lot 122 as shown upon said Survey Map; Thence North 63 degrees 47 minutes 30 seconds West a distance of 67.58 feet to a point, which point is the northwesterly corner of Lot 122 as shown upon said Survey Map; Thence North 68 degrees 26 minutes 30 seconds West a distance of 127.24 feet to a point, which point also marks the northwesterly corner of Lot 120 upon said Survey Map; Thence South 14 degrees 34 minutes 33 seconds West a distance of 251.18 feet to the center line of said King Road East, passing through a pin to be set in the northerly highway right- of-way line of said King Road East a distance of 226.75 feet along said course; Thence North 68 degrees 26 minutes 30 seconds West a distance of 23.50 feet along the centerline of said King Road East to the point and place of beginning. BEING also a lot known as the "Proposed Town Park" lot as shown upon the Survey Map. RESERVING to the party of the first part an easement for the purposes of maintaining a drainage pipe that crosses the parcel hereby conveyed and drains other lands of the party of the first part into a manhole on the Proposed Montessori School Site, with said easement to be 20 feet in width and located 10 feet on either side of the center line of the existing pipe. This easement shall automatically terminate and be extinguished if said drain is no longer necessary for drainage purposes for any of the benefited properties of the party of the first part. AND FURTHER, the party of the first part reserves the right to remove stockpiled fill located upon the northerly line of the parcel herein conveyed, but such right shall be a license that shall automatically extinguish upon the 10 year anniversary of this instrument. Should the party of the first part not remove the said stockpile at the end of such 10 year period, the party of the second part covenants that it will do so within 180 days of the end of such 10-year period. AND FURTHER, the party of the first part reserves (and does not sell, transfer or convey) all right, title and interest in and to all underground oil and natural gas beneath the premises hereby conveyed, but in limitation hereof, the party of the first part does not reserve for itself, its successors, heirs, and assigns, and instead grants unto the party of the second part, all surface rights and estates, including the right to enter upon and depart from the property for the purpose of mining, drilling, exploring, and developing the surface estate for the purposes of extracting, producing, storing, treating, handling, marketing, and removing oil and gas. AND FURTHER, the party of the second part shall not be permitted to build any structure higher than 20 feet from the existing grade of the property, and this limitation shall be deemed a covenant that runs with the land. It is understood, acknowledged and agreed that, although the property is called a "Proposed Town Park," it has never been used or dedicated as a park is not conveyed with any such limitation or restriction attached thereto. The party of the second part is free to sell and resell such parcel and to use the proceeds thereof for any lawful town purpose, including, but not limited to, the use the proceeds thereof for park land or to develop other infrastructure or improvements at any existing town parks. Further, the party of the second part acknowledges that the party of the first part has fulfilled each, any and all requirements relative to the requirements of the Town of Ithaca Subdivision Law and rules pertaining to park land reserves, set asides, and/or any question of payment in lieu thereof. 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 party of the first part 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 his hands and seals the day and year first above written. In Presence of AL.S. EVAN N. MONKEMEYER State of New York ) County of Tompkins ) ss.: On the day ofin the year 2009, before me, the undersigned, personally appeared EVAN N. MONKEMEYER, 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 instrume Notary u is GUY K. KROGN Notaty Pubk, State of New York Qualified in Tompkins Co. Na 4968322 toy Commission Expires June 18, 3