HomeMy WebLinkAbout556791-001Aurora R. Valenti
C
oTOMPKINS COUNTY CLERK
320 North Tioga Street
, Ithaca, NY 14850
` • • " (607) 274-5431
Fax. (607) 274-5445
Delivered By:
ITHACA TOWN OF
Receipt No. 556791
Return To:
ITHACA TOWN OF
Date: 04/01 /2010
Time: 01:39 PM
Document Type: DEED
Parties
To Transaction: INLET VALLEY - TOWN OF ITHACA
Town/City: TOWN OF ITHACA
Deed Information
Taxable Consideration: $0.00
State Transfer Tax: $0.00
County Transfer Tax: $0.00
RETT No 03437
State of New York
Tompkins County Clerk
Instrument Number
*556791-001*
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.
Is dS
Warranty Deed
This Indenture, is made this - �ttay of November, 2009, by and between the
INLET VALLEY CEMETERY INC., a registered not -for -profit corporation organized under the
laws of the State of New York (formerly known as the Membership Corporation Law), also being
known as the INLET VALLEY CEMETARY ASSOCIATION, and having had or presently having
offices at 1504 Elmira Road, Ithaca, New York,14850, herein the "party of the first part"
and
the TOWN OF ITHACA, an incorporated municipal subdivision of the State of New York, with
offices at 320 North Tioga Street, Ithaca, New York 14850, herein 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 and both as more particularly bound and
described as follows:
BEGINNING at a point in the centerline of New York State Route 34, 96 & 13 also known
as Elmira Road, said point being located 526.8 feet easterly along said centerline from its
intersection with the centerline of Seven Mile Drive;
Running thence S 44' 22' 38" E along the westerly line of premises of Inlet Valley Cemetery
(149/ 136) and an easterly line of Cortright (360/ 564) a distance of 346.69 feet to a point,
said course being established along current limits of occupation between Cortright and the
cemetery as shown in a proposed subdivision map showing lands of Hazel S. Cortright
dated 12/30/1999 and revised 3/2/2000 by T.G . Miller, P.C.;
Running thence N 41' 04'13" E a distance of 125.00 feet along the a north and westerly line
of Cortright to a point;
Said point being the point at which the following metes and bounds represent the record
metes and bounds description of the Cortright Deed (360/564) as run along the top of a
steep bank and which roughly correspond to the existing remains of an old wire fence:
1) Running thence N 17' 47' 23" E a distance of 179.52 feet;
2) Running thence N 35' 47' 23 E a distance of 81.84 feet to a point;
3) Running thence N 54' 47' 23" E a distance of 66 feet to a point; and
4) Running thence N 45' 47' 23" E a distance of 88.93 feet to a point marked by a
pin;
Running thence N 38' 39' 33" W a distance of 137.41 feet to a point in the centerline of said
Elmira Road (and passing through a found pin at 18.57);
Running thence along said Elmira Road centerline S 57' 3715" W a distance of 543.65 feet
to the point or place of beginning and containing 2.75 acres gross to the centerline.
THE ABOVE described premises are more particularly shown on a survey map entitled
"SURVEY MAP SHOWING LANDS OF INLET VALLEY CEMETERY LCOATED ON
NEW YORK STATE ROUTE 13 TOWN OF ITHACA, TOMPKINS COUNTY, NEW
YORK", dated August 14, 2009 and prepared by Lee Dresser, L.L.S. No. 050096, which map
is incorporated herein by referenced and a copy of which is filed in the Tompkins County
Clerk's Office concurrently herewith.
TOGETHER WITH a 5 foot strip of land allowing access to water rights over lands of
Cortright as shown by an instrument recorded in the Tompkins County Clerk's Office in
Liber 252 of Deeds at page 228.
It is the intent of the party of the first part to transfer all rights, title and interests in and to the
Inlet Valley Cemetery, and all lands associated therewith in accord with, and pursuant to
New York State Not -for -Profit Law § 1506 and New York State Town Law Article 17,
absolutely and indefeasibly in fee simple absolute. Portions of such Cemetery Lands may
have been acquired by continuous use and adverse possession for over 100 years without any
adverse claim, which land rights may have arisen by common use as a community cemetery,
a so called "boot hill" title, and as such, property rights may not have arisen by deed or grants
in title. Thus, the transfer by the party of the first part is intended to transfer and assign all
appurtenant and personal rights in and to such property and the use(s) thereof, including, but
not limited to, all rights arising from possession, use, and adverse possession.
SUBJECT TO each, any and all transfers of burial plots as are or may be recorded in the
Tompkins County Clerk's Office, to the extent the same affect title - including as reflected in
transfers to: Leon Stark (5 Misc., Page 54); G.L. Sykes (6 Misc., Page 19); C. J. Swartwood (6
Misc., Page 66); Florence B. Bentley (6 Misc., Page 69); William and Myrtle Van Dermark (6
Misc., Page 231); and further
SUBJECT TO the rights of the public to use any lands described as a public highway, mainly,
said Elmira Road, and any utility easements as may affect the premises.
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.
The individual executing this Deed for the party of the first part 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 all of the remaining
Shareholders and Directors are residents of New York State and have duly authorized the
disposition and transfer of such property and rights to the Town of Ithaca pursuant to, among
other laws and rights, the New York State Not -for -Profit Corporation Law § 1506.
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
Bernard Van Orman, Director and Authorized Agent/Signor
State of York }
County } ss:
On the �` �E-oi day of #�_ "in the year 2009, before me, the undersigned, personally
appear �L Gdtq 1G personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacities, and
that by their signatures on the instrument, the individual, or the person upon behalf of
which the individuals acted, executed the instrument.
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