The URL can be used to link to this page

Home My WebLink About585693-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca,- NY 14850 (607) 274-5431 Fax:(607) 274-5445 No. of Pages: 5 Delivered By: (including this cover page) LITTMAN & BABIARZ Receipt No. 585693 Return To: 0 LITTMAN & BABIARZ Date: 01 /05/2012 308 N TIOGA ST Time: 02:55 PM ITHACA, NY 14850 Document Type: DEED Parties To Transaction: TOWN OF ITHACA-ELIZANNE CLUNE MONT Town/City: TOWN OF1THACA Deed Information Taxable Consideration: $30,000.00 State Transfer Tax: $120.00 County Transfer Tax: $60.00 RETT No.: 00893 Instrument Number *585693-001 * Mortgage Information Taxable Mortgage Amount: Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage 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. a�g, a' ad,-X. Tompkins Counit�f Clerk Please do not remove this page. This Indenture, is made this day of December, 2011 by and between 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 first part, and ELIZABETH ANNE CLUNE MONTESSORI SCHOOL OF ITHACA, a New York State educational corporation with offices at 120 King Road East, 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"); f 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.-1-3.5); 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 the same premises conveyed to The Town of Ithaca by warranty deed from Evan N. Monkemeyer dated December 9, 2009 and recorded December 11, 2009 in the Tompkins County Clerks' Office as Instrument Number 552044-001. Town of Ithaca Tax Map No. 43.-1-3.21 And the party of the first part does reserve unto itself, and the party of the second part does grant -back to such party of the first part, a right of first refusal upon the premises herein described upon the following terms (sometimes herein, the "Agreement"): 1. The party of the first part retains unto itself, and the party of the second part grants - back and/or quitclaims to the party of the first part, a first refusal right to purchase the above -described property for the sum of $30,000.00 (payable in 2011 dollars), which right arises whenever the party of the second part desires to sell or transfer all or any portion of said parcel to any third party. Upon the party of the second part presenting a bona fide offer to purchase said property from any third -party (or other document relating to any transfer or purported sale) to the party of the first part by personal service, the party of the first part shall have 15 days from the receipt of said offer to either accept or reject its right to purchase said parcel for said sum of $30,000.00. In the event that the party of the first part accepts this first refusal right to purchase said property from the party of the second part, then the party of the second part shall transfer said parcel to the party of the first part for the said sum of $30,000.00. 2. It is intended that all the provisions of this Agreement shall run with the land, and that all the provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their heirs, legal representatives, successors, and assigns. This right of first refusal shall remain in full force and effect, to the maximum extent allowed by law; provided, however, that all rights of first refusal hereunder shall terminate when required by applicable law (such as, but not limited to, the rule against perpetuities and the rule against the suspension of the absolute power of alienation). Any provision(s) of this right of first refusal that are or become unenforceable or invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 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 that it has not done or suffered anything whereby the said premises have been encumbered in any manner whatever. 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: TOWN OF ITHACA L.S. B : Herb an, Supe 'sor Agreed as to Right of First Refusal and conveyance -back thereof: ELIZABETH ANNE SCHOOL OF ITHACA CLUNE MONTESSORI L.S. State of New York ) County of Tompkins ) ss.: On the 30 N day of December in the year 2011, before me, the undersigned, personally appeared � \ EjA-( 9 , 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 erson upon behalf of which the individual acted, executed the instrument. Notary Public PAULETTE TERWILLIGER Notary/ Public. State of New Yoftc No. 01TE6156WO qualified in Tompkkfs Cotmly mi Comssion Expires Oeoember 4.26_.�/ State of New York ) County of Tompkins ) ss.: jo-,Y) U Vq 701z- On the day of the year 2-91Y before me, the undersigned, personally appeared 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 (s)he executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Rebem Josseyn Notary Public, State of New York No. OIJ05046462 Qualified in Tompkins County Commission Expires July 17, 20