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HomeMy WebLinkAbout585279-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax: (607) 274-5445 No. of Pages: 5 (including this cover page) Receipt No. 585279 Date: 12/27/2011 Time: 10:03 AM Document Type: DEED Parties To Transaction: CITY - CITY/TOWN/DRYDEN Town/City: CITY OF ITHACA Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 00834 State of New York Tompkins County Clerk Delivered By: CITY OF ITHACA Return To: CITY OF ITHACA Instrument Number *585279-001 * Mortggage 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 Please do not Clerk remove this page. 111111111111111111111111111111111111111111111111111111111111 WARRANTY DEED WITH LIEN CONVENANT THIS INDENTURE, made the 22nd day of December, Two Thousand Eleven, BETWEEN the CITY OF ITHACA, a municipal corporation in the State of New York, having its City Hall at 108 East Green Street, Ithaca, New York 14850, party of the first part, and The CITY OF ITHACA, TOWN OF ITHACA (a municipal corporation in the State of New York) and TOWN OF DRYDEN (a municipal corporation in the State of New York), all of Tompkins County, New York, c/o City of Ithaca, 108 East Green Street, Ithaca, New York 14850, as tenants in common in the same proportions as their respective treatment plant ownership interests are determined pursuant to the Joint Sewer Agreement dated December 31, 2003, or any successor agreement duly executed by all of the parties, together constituting parties of the second part, WITNESSETH, that the party of the first part, in consideration of One Dollar ($1.00) lawful money of the United States, and other good and valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, their successors and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, currently constituting the site of the Ithaca Area Waste Water Treatment Facility, and as more particularly described in Schedule A attached hereto and incorporated herein by reference, 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 parties of the second part, their successors and assigns forever, AND said party of the first part covenants as follows: FIRST, That the party of the first part is seized of the said premises in fee simple, and has good right to convey the same; SECOND, That the parties of the second part shall quietly enjoy the said premises; THIRD, That the said premises are free from encumbrances; FOURTH, That the party of the first part will execute or procure any further necessary assurance of the title to said premises; FIFTH, That the party of the first part will forever WARRANT the title to said premises; SIXTH, That, in compliance with Section 13 of the Lien Law, the party of the first part 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 THEREOF, the party of the first part has hereunto set its hand and seal the day and year first above written. IN PRESENCE STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: City of Ithaca 'i By CaroQn K. Peterson, Mayor On the 22nd day of December, in the year 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Carolyn K. Peterson, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. /- L*AM-- Notary Public DANIEL L. HOFFM Notary Public, State of New Ypp� No. 02H05027243 Qualified In Tompkins 0 OWNT anion Expiris Mq 2. W, . SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at a point marking the intersection of the south line of Lake Avenue with the northwest line of premises of Norfolk Southern Corporation (said point or place of beginning being located slightly southwesterly of the railroad bridge over Cascadilla Creek); proceeding thence from said point or place of beginning S 44' 11' 38" W, passing through a point marked by a concrete highway monument at 9.1 feet, for a total distance of 273.10 feet to a point; proceeding thence S 510 20' 24" W for a distance of 68.10 feet to a point; proceeding thence S 530 51' 24" W for a distance of 22.50 feet to a point; proceeding thence S 680 07' 24" W for a distance of 579.80 feet to a point marked by an iron pin (these first four courses being along a property of Norfolk Southern Corporation); proceeding thence N 72' 15' 36" W for a distance of 69.00 feet to a point; proceeding thence N 660 15' 24" W for a distance of 278.02 feet to a point marked by an iron pin; proceeding thence N 140 33' 30" W for a distance of 119.07 feet to a point marked by an iron pin; proceeding thence N 230 25' 27" E for a distance of 503.48 feet to a point marked by an iron pin at the apparent high water line of Cascadilla Creek; proceeding thence generally easterly and along the apparent high water line of Cascadilla Creek for a distance of 970 feet ± to a point in the foot bridge over Cascadilla Creek (this last course having a chord bearing of S 770 46' 32" E and a chord distance of 958.02 feet); proceeding thence S 30' 49' 11" E for a distance of 38.77 feet to the point or place of beginning and containing 12.068 acres of land more or less. The above described premises are more particularly shown as "Parcel A- I" and "Parcel A-2" on a map of survey entitled "SURVEY MAY FOR WASTEWATER TREATMENT FACILITY SITE AND STEAMBOAT LANDING SITE LOCATED AT THIRD STREET, CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK" made by Lee Dresser, L.S. No. 050096, dated 10/9/2008, last revised 11/3/2011, which map is incorporated herein by reference and is filed in the Tompkins County Clerk's Office along with this instrument. The above described premises include some or all of the premises conveyed to the City of Ithaca by deed dated August 30, 1935 and recorded September 26, 1935 in liber 238 of Deeds at page 63 in said Clerk's Office, by deed dated April 14, 1959 and recorded April 22, 1959 in liber 416 of Deeds at page 27 in said Clerk's Office and by deed dated July 6, 1967 and recorded August 15, 1967 in liber 470 of Deeds at page 913 in said Clerk's Office. SUBJECT TO any and all utility corporation easements and rights of way of record insofar as they may affect the above described premises. TOGETHER WITH a "plant expansion easement" 50 feet in width and along a portion of the southwest and westerly line of the above described premises as more particularly shown on the map of survey herein above referred to. Said " plant expansion easement" constitutes 0.605 acres and shall constitute a permanent easement for the purpose of accommodating future expansion of the wastewater treatment plant, upon a formal decision to do so by the oversight group for such plant (said group is currently known as the Special Joint Committee, as described in the Joint Sewer Agreement dated December 31, 2003). The right to the use of such permanent easement for such purpose cannot be exercised prior to January 1, 2019 and then only upon at least three years written notice to the Mayor of the City of Ithaca. Prior to the exercise of such right to utilize the plant expansion easement for the permitted purposes, the City of Ithaca or its lessee or sublessee may use the easement area for traffic circulation, parking, landscaping or gardening, or such similar use not involving the permanent construction of buildings. Upon notification by the oversight group for the Ithaca Area Wastewater Treatment Plant, the party of the first part agrees to convey said easement area to the party of the second part for no further consideration. TOGETHER WITH a 30' permanent easement located 15' each side of the current sanitary sewer outfall pipeline for the wastewater treatment plant as more particularly shown on the above referenced survey map for the purposes of maintenance, repair or replacement of such outfall pipeline. Said permanent easement shall not preclude above ground construction by the City, its lessee or sublessee, provided such construction is timely removed at the City's or its lessee's or its sublessee's sole cost upon prior reasonable written notice of the need to use such pipeline easement area and without obligation on the party of the second part to restore or replace any such structures. SUBJECT TO a permanent easement for the benefit of the City of Ithaca, said easement being 20' in width, centered on the Cayuga Waterfront Trail as actually constructed and running across the entire northerly portion of the above described premises, for the purpose of accommodating said Trail and its maintenance by the City of Ithaca. The approximate location of such easement is shown on the above referenced survey map (said Trail having now been constructed in that approximate location). The ownership interests of the parties of the second part in the above described premises are determined according to the Joint Sewer Agreement among the parties dated December 31, 2003 (see Sections 3.1 and 18 thereof and Appendix II thereto), which ownership interest at the date of such agreement was: City of Ithaca 57.14% Town of Ithaca 40.88% Town of Dryden 1.98% 100% Pursuant to such Joint Sewer Agreement, the respective percentage of ownership interest may change and will be based upon such agreement.