HomeMy WebLinkAbout560588-002No. of Pages.
(including this
cover page)
Receipt No.
Date:
Time -
Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Fax: (607) 274-5445
6/22/2010
09:34 AM
Document Type: MISC RECORDS
Parties
To Transaction:
Town/City
Deed Information
Taxable Consideration:
State Transfer Tax:
County Transfer Tax:
RETT No..
State of New York
Tompkins County Clerk
Delivered By:
BARBARA ALDEN
Return To:
BARBARA ALDEN
247 DUBOIS RD
ITHACA, NY 14850
Instrument Number
*560588-002*
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.
ao'04 �-') rde-�
Tompkins County Clerk
Please do not remove this page.
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i .
R
DECLARATION
OF
COVENANTS AND RESTRICTIONS
'1' "
�n �
This Agreement made 1 day of , 2010, in accordance with the
Town of Ithaca Planning Board Resolution No. 2010- , preliminary and final
subdivision approval Alden/Baer 3-Lot Subdivision 247 Dubois Road, Tax Parcel No.
22-02-01.31. The following Covenant and Restriction is established pursuant to the
above Planning Board Resolution:
1. Barbara Alden and Ellen Baer are the owners in fee of premises located at
247 Dubois Road as more particularly described in a deed from Richard Lauterwasser
and Linda Gibbs, dated April 24, 1985, and recorded in the Tompkins County Clerk's
Office in Liber 609 of Deeds at page 121.
2. Upon the recording or filing of this Declaration, the above deed shall be
read as if it contained the following restriction:
"The party of the second part, their heirs, successors and assigns
shall not further subdivide the premises for the purpose of creating any additional
building lots or otherwise."
The above restriction will not apply to the three -lot subdivision referred to
above but is intended to prohibit any further subdivision of Lot C as shown on the
subdivision map entitled, "LANDS OF BARBARA ALDEN & ELLEN BAER 247 DUBOIS
ROAD - TOWN OF ITHACA - TOMPKINS COUNTY - NEW YORK STATE - PROPOSED
LOT SPLIT" prepared by Stockwin Surveying, dated 30 October 2009, a reduced
version of which is annexed hereto and made a part hereof. The original subdivision
map is intended to be filed in the Tompkins County Clerk's Office after it has been
duly signed by the Town of Ithaca Planning Board.
3. Barbara Alden and Ellen Baer and their respective heirs, successors and
assigns, shall have the right to alter, modify or annul any of the covenants,
restrictions and conditions of this Declaration only with the prior permission of the
Town of Ithaca Planning Board.
4. Binding_ effect. The provisions set forth herein shall bind, inure to the
benefit of, and be enforceable at law and/or in equity or admiralty by the Town of
Ithaca (whenever used herein, the "Town of Ithaca" shall be a term that includes the
said Town's successors and assigns), and shall run with the land and be binding upon
and for the benefit of each owner and subsequent grantee of the three lots referred
to above. Any costs of the Town in enforcing this provision, including any court
costs, reasonable expert fees and reasonable attorneys fees, shall be the obligation,
jointly and severally, of the owners of the three lots referred to above, their heirs,
successors and assigns, and shall be paid immediately upon demand.
5. Equitable claims. In the event the Town of Ithaca shall bring any action in
equity, the Town shall not be (i) required to post any bond or other undertaking, (ii)
required to show a lack of any legal remedy, and (iii) required to prove any imminent
danger of immediate or irreparable harm.
C:\Documents and Settings\Owner\My Documents\Barbara personal\Declaration--Covenants
Restriction s-final.doc
6. Waiver. The failure by the Town (or any other person or entity) to enforce
any of the restrictions, conditions and covenants herein contained shall in no event
be deemed a waiver of the right to enforce any conditions, covenants or restrictions
herein contained, nor as a waiver of any past, then present, or future violation or
right of enforcement of the conditions, covenants or restrictions herein stated.
7. Savings. If any provision hereof is held invalid or unenforceable by a court
or other tribunal of competent jurisdiction, such invalidity shall not affect the validity
or operation of any other provision, and such invalid provision shall be reformed to
the minimum extent required to bring it into compliance with applicable law, or to
otherwise make such provision enforceable. If such reformation is not possible, then
such provision shall be severed here from.
8. Exculpation. The enforcement of any conditions, covenants or restrictions
by the Town of Ithaca shall not give rise to any claim or recovery against the Town
of Ithaca; nor shall any enforcement proceeding brought hereunder be or be deemed
to disparage any right, interest, or title derived from the three lots referred to above.
9. Assignment. The Town of Ithaca may assign its enforcement powers and
other rights herein expressed to any person or entity as now or hereafter permitted
by law.
In Witness Whereof, the Declarants have duly executed this
instrument the day and year first above written.
Barbara -en (akaJ Bar ara Alden Guttridge)
Ellen Baer
STATE OF NEW YORK
COUNTY OF TOMKINS
On the L 0 day
undersigned, personally
personally known to me
the individual(s) whose
acknowledged to me
capacity(ies), and tha
individual(s), or the pel
the instrument.
MMOM
of
a*a red '
or proved to me o
names) re)
that h sh they
by hi /he /their
;on upon half o
in the, year 2010 before me, the
n the basis of satisfactory evidence to be
subscribed to the within instrument and
executed the same in his/her/their
signature(s) on the instrument, the
f which the individual(s) acted, executed
MARiLYIN1 F %4a.77,A
Notary i'; ,'J-m York
Comrn','�s -n r ,.fir b IY�v� , �vr �;ily20
C:\Documents and Settings\Owner\My Documents\Barbara persona l\Declaration--Covenants
Restriction s-fin a I.doc
Notary Public
STATE OF NEW YORK
COUNTY OF TO[�IPKINSO
On the day of A the year 2010 before me, the
undersigned, personally appeded personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s) whose
na ) is �are) suoscriDea to the wimin inent ana acKnowieagea to me tnat
he/ /they executed the same in hi s her heir capacity(ies), and that by
his /their signature(s) on the instrument, he individual(s), or the person upon
beha of which the individual(s) acted, executed the instrument.
Notary Public
VAQI'VN C kPA77A
Notary P _ . .;�w York
Nh) C I
in
Comrnis5iun Exp,res Nuvet,bc;r 30, 20
C:\Documents and Settings\Owner\My Documents\Barbara persona l\Declaration --Covenants
Restriction s-fina1.doc