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Home My WebLink About599874-001No. 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 4 599874 11 /08/2012 04:05 PM Document Type: DEED Parties To Transaction: SALON - ITHACA/TOW N Town/City: TOWN OF ITHACA Deed Information Taxable Consideration: $0.00 State Transfer Tax: $0.00 County Transfer Tax: $0.00 RETT No.: 00564 Delivered By: THALER & THALER Return To: THALER & THALER Instrument Number *599874-001 * w Mortaane 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'kA, e rd'�x- Tompkins County Clerk Please do not remove this page. 111111111111111111111111111111111111111111111111111111111111 Warranty Deed w/Um Covenant ThiS Indenture, is made this. day of November, 201Z by and between Elizabeth G. Salon, of 251 Culver Road, Ithaca, New York 1485Q the party of the first part, and the Town of Ithaca, a New York State municipality with offices located at 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 lawful money of the United States, 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, and such party's heirs, successors and assigns forever: ALL THOSE TRACTS AND PARCELS OF LAND located in the Town of Ithaca, County of Tompkins, and State of New York, being more particularly bounded and described as follows: BEGINNING at a point in the centerline of Culver Road, said point being located 4,259 t feet westerly and northwesterly along said centerline from the intersection of said centerline with the centerline of Bostwick Road, thence Continuing thence along said centerline of Culver Road 731t feet to a point, said course also being marked from point-to-point by a chord bearing N 43' 31' 54" W, with a chord distance of 728.89 feet to a point; thence Running S 08' 29' 45" W along the easterly boundary line of lands now or formerly of the Town of Ithaca, R.O. (#490443-001), a distance of 288.56 feet to a point marked by a set iron pin, thence Running S 08' 29' 45"W along an old hedgerow and the easterly boundary line of lands now or formerly of Baker, R.O. (555/4), a distance of 361.34 feet to a point marked by an existing iron pipe; thence Running N 81' 28' 39" W along the southerly boundary line of said Baker parcel, and passing through a point marked by a found iron pin at 929.59 feet, a total distance of 952.59 feet to a point in the centerline of a creek; thence Running southeasterly along the centerline of a creek as it bends and turns, which course is also the northerly boundary line of Meigs, R.O. (891/301), a distance of 1,450f feet to a point, said course also being marked from point-to-point by a chord bearing S 63° 01' 56" E, with a chord distance of 1,399.02 feet; thence Running N 05' 27 40" E along the westerly boundary line of lands retained by the Grantor herein (#478422-001), and passing through a point marked by a set iron pin at 48.62 feet, a total distance of 361.13 feet to a point marked by a set iron pin, thence Running N 461 14' 28"E along said lands retained by the Grantor herein a distance of 358.34 feet, passing through a set iron pin at 336.89 feet, to the point or place of beginning, containing 11.19 acres net to the road right of way. SUBJECT TO the rights of the party of the first part, if any, to use the waters of the above -described creek as set forth in a deed from Benjamin J. Doolittle to Clara R. Hall, dated June 8, 1891 and recorded June 9,1891, in the Tompkins County Clerk's Office in Liber 138 of Deeds at Page 271; AND FURTHER EXPRESSLY RESERVING to the party of the first part a permanent right-of-way, easement, and reservation or rights and interests over the above -described parcel necessary to utilize any spring(s) now located upon remaining lands of the party of the first part for household water supply purposes, each such spring as now exists or wherever the same may hereafter be captured or well to the surface, including if the same shall be captured or well up hereafter upon or adjacent to the lands hereinabove described and transferred to the party of the second part. AND THE PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART DO FURTHER COVENANT AND AGREE that the transfer of property that is the subject of this deed (the "Property") is subject to the following restrictions, which shall constitute covenants running with the land in perpetuity for so long as the Property is occupied substantially by a natural forest similar to the forest presently located on the Property: 1. It is the intention of both the party of the first part and the party of the second part that, except as provided herein, the Property will not be developed but will remain substantially as a wilderness area and natural forest open for use by people and animals. It is the expectation that, except as provided herein, none of the existing mature trees will be removed from the Property by the party of the second part. However, the party of the second part shall be permitted to remove dead, diseased or infected trees, or other dead, diseased or infected vegetation, and may also remove any invasive species of vegetation that threatens, or could threaten, the viability of the trees making up the existing forest on the Property. Any such removal shall be accomplished in accordance with good forestry management practices and with as minimal damage to the remaining healthy trees as possible. 2. The Property shall be maintained as a passive recreational forest without the construction of any facilities other than hiking or walking activities, except as may otherwise be provided herein. Without limiting the foregoing, no ball fields, swing sets, play structures, or other similar types of facilities or structures shall be constructed on the Property. To the extent deemed reasonably necessary by the party of the second part to protect the forest and its trees, the soil, and ground vegetation, and in accordance with good forestry management and land use practices, the party of the second part may install drainage facilities and stormwater protective facilities. 3. The only recreational activities to be permitted on the Property shall be hiking, walking, cross country skiing, bird watching, jogging, plant observations, and similar types of passive non -disturbing activities by the public generally. No motorized vehicles, including, without limitation, all -terrain vehicles or snow mobiles, shall be permitted on the Property; except that the party of the second part may, if necessary for proper maintenance of the forest, bring motorized vehicles such as trucks on the Property for purposes of accomplishing such maintenance. The party of the second part may also permit parking of vehicles on a small area of the Property adjacent to any public highways adjoining the Property, provided such parking may be accommodated without the removal of any existing mature healthy trees and provided such parking is limited to persons engaging in the activities permitted on the Property by these covenants. 4. These Restrictive Covenants my be enforced personally by the Grantor or by the then owners of any portion of the lands presently retained by the Grantor. THE ABOVE DESCRIBED PREMISES ARE MORE PARTICULARLY SHOWN as "Parcel A" on a survey map entitled "SUBDIVISION MAP SHOWING LANDS OF ELIZABETH G. SALON LOCATED AT NO.251 CULVER ROAD TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK," prepared by Lee Dresser, L.L.S. No. 050096, T.G. Miller, P.C. Engineers and Surveyors, dated June 13, 2012, a copy of which was filed in the Tompkins County Clerk's Office on July 20, 2012 as Instrument Number 594608-001. BEING a part of the same premises conveyed to Paul R. Salon and Elizabeth G. Salon by quit claim deed to Elizabeth G. Salon dated August 27, 2005 and recorded August 31, 2005 in the Tompkins County Clerk's Office as Instrument Number 478422-001. Town of Ithaca - Tax Map No. 32.-1-8 p/o Together with the appurtenances, and all the estate, title, and rights of the parry 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, and such party's heirs, successors and assigns forever, and the party of the first part does covenants 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, and THIRD, That, in compliance with § 13 of the Lien Law of the State of New York, the grantor(s) 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 Fia ' In Witness Whereof, the party of the first part has executed this Deed as of the day and year set forth above. In Presence of: State of New York } County of Tompkins } ss.: L.S. Eliza G. Salon On the day of November in the year 2012, before me, the undersigned, personally appeared ELIZABETH G. SALON 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(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. RICHARD P. RUSWICK Notary Public, State of New York No. 4861310 Qualified in Tomkins County Commission Expires May 12, 201.X